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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Apr 20, 2024 |
signed chap.58 delivered to governor |
| Apr 18, 2024 |
returned to assembly passed senate message of necessity - 3 day message 3rd reading cal.842 substituted for s8308c |
| Apr 18, 2024 |
substituted by a8808c message of necessity - 3 day message ordered to third reading cal.842 print number 8308c |
| Apr 18, 2024 |
amend (t) and recommit to finance |
| Mar 11, 2024 |
print number 8308b |
| Mar 11, 2024 |
amend (t) and recommit to finance |
| Feb 20, 2024 |
print number 8308a |
| Feb 20, 2024 |
amend (t) and recommit to finance |
| Jan 17, 2024 |
referred to finance |
Senate Bill S8308B
Signed By Governor2023-2024 Legislative Session
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2024-2025 state fiscal year
download bill text pdfSponsored By
There are no sponsors of this bill.
Current Bill Status Via A8808 - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Apr 18, 2024
aye (42)- Addabbo Jr.
- Breslin
- Brisport
- Brouk
- Chu
- Cleare
- Comrie
- Cooney
- Felder
- Fernandez
- Gianaris
- Gonzalez
- Gounardes
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Kavanagh
- Kennedy
- Krueger
- Liu
- Mannion
- Martinez
- May
- Mayer
- Myrie
- Palumbo
- Parker
- Persaud
- Ramos
- Rivera
- Rolison
- Ryan
- Salazar
- Sanders Jr.
- Scarcella-Spanton
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
- Webb
nay (17)
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Apr 18, 2024 - Finance Committee Vote
S8308B16Aye5Nay1Aye with Reservations0Absent0Excused0Abstained -
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Bill Amendments
2023-S8308 - Details
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2023-S8308 - Summary
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2024-2025 state fiscal year; extends the effectiveness of certain provisions relating to the financing of mass transportation by certain municipal corporations (Part A); provides for mass transportation payments to the Capital District Transportation District; adds Warren county to such district (Part E)
2023-S8308 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 8308 A. 8808
S E N A T E - A S S E M B L Y
January 17, 2024
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend part PP of chapter 54 of the laws of 2016 amending the
public authorities law and the general municipal law relating to the
New York transit authority and the metropolitan transportation author-
ity, in relation to extending provisions of law relating to certain
tax increment financing provisions (Part A); to amend the public
authorities law, in relation to implementing blue ribbon panel recom-
mendations regarding fare and toll evasion (Part B); to amend the
penal law, in relation to including the intentional use of any toll
highway, parkway, road, bridge or tunnel or any entry into or remain-
ing in a tolled central business district without payment of the
lawful toll or charge as a theft of service; to amend the vehicle and
traffic law, in relation to obstructed or obscured license plates and
the penalty imposed upon the operator of a vehicle with an inten-
tionally altered or obscured license plate while on a toll highway,
bridge or tunnel or in a tolled central business district; to amend
the vehicle and traffic law, in relation to authorizing law enforce-
ment to confiscate license plate coverings; to amend the vehicle and
traffic law, in relation to allowing the commissioner of motor vehi-
cles to restrict registration transactions for vehicles with suspended
or pending suspended registrations for failure to pay tolls unless
sold to a bona fide purchaser; to amend the vehicle and traffic law,
in relation to authorizing vehicle registration suspension for failure
to comply with the removal of materials or substances altering or
obscuring a license plate; and to amend the public authorities law in
relation to authorizing public authorities with bridges, tunnels or
highways under their jurisdiction to enter judgments for unpaid
liabilities for a violation of toll collection regulations and enforce
such judgments without court proceedings (Part C); to amend the vehi-
cle and traffic law and the public authorities law, in relation to
deterring fraud in connection with any eligibility process for or use
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12673-01-4
S. 8308 2 A. 8808
of toll credits, discounts, or exemptions related to any entry into or
remaining in the tolled central business district or any Triborough
bridge and tunnel authority toll bridge or tunnel (Part D); to amend
part I of chapter 413 of the laws of 1999, relating to providing for
mass transportation payments, in relation to the amount of payments
in the Capital District Transportation District and adding Warren
County to such District (Part E); to amend chapter 751 of the laws of
2005, amending the insurance law and the vehicle and traffic law
relating to establishing the accident prevention course internet tech-
nology pilot program, in relation to the effectiveness thereof (Part
F); to amend part U1 of chapter 62 of the laws of 2003, amending the
vehicle and traffic law and other laws relating to increasing certain
motor vehicle transaction fees, in relation to the effectiveness ther-
eof; and to amend part B of chapter 84 of the laws of 2002, amending
the state finance law relating to the costs of the department of motor
vehicles, in relation to the effectiveness thereof (Part G); to amend
the vehicle and traffic law, in relation to establishing an online
insurance verification system for motor vehicle insurance; and to
repeal certain provisions of such law relating to motor vehicle insur-
ance and funds for a certain pilot database system (Part H); to amend
the vehicle and traffic law, in relation to establishing speed limits
in cities with populations in excess of one million people (Part I);
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 effectiveness thereof (Part J); to amend the transportation law
and the vehicle and traffic law, in relation to enacting the stretch
limousine passenger safety act; and providing for the repeal of
certain provisions upon expiration thereof (Part K); to amend the
executive law, the criminal procedure law, the retirement and social
security law and the tax law, in relation to creating the Waterfront
Commission Act; and to repeal chapter 882 of the laws of 1953 relat-
ing to waterfront employment and air freight industry regulation
(Part L); to amend part DDD of chapter 55 of the laws of 2021 amending
the public authorities law relating to the clean energy resources
development and incentives program, in relation to the effectiveness
thereof (Part M); in relation to authorizing the New York state energy
research and development authority to finance a portion of its
research, development and demonstration, policy and planning, and Fuel
NY program, as well as climate change related expenses of the depart-
ment of environmental conservation from an assessment on gas and elec-
tric corporations (Part N); to amend the public service law, the
eminent domain procedure law, the energy law, the environmental
conservation law, the public authorities law, and the education law,
in relation to transferring the functions of the office of renewable
energy siting to the department of public service and accelerating the
permitting of electric utility transmission facilities; and to repeal
certain provisions of the executive law and the public service law
relating thereto (Part O); to amend the public service law and the
transportation corporations law, in relation to aligning utility regu-
lation with state greenhouse gas emission reduction targets; and to
repeal section 66-b of the public service law relating to continuation
of gas service (Part P); to authorize utility and cable television
assessments that provide funds to the department of health from cable
television assessment revenues and to the department of agriculture
and markets, department of environmental conservation, department of
state, and the office of parks, recreation and historic preservation
S. 8308 3 A. 8808
from utility assessment revenues; and providing for the repeal of such
provisions upon expiration thereof (Part Q); to amend the agriculture
and markets law, in relation to application fees for the licensing of
weighmasters (Part R); to amend the environmental conservation law, in
relation to authorizing state assistance payments toward climate smart
community projects of up to eighty percent to municipalities that meet
criteria relating to financial hardship or disadvantaged communities
(Part S); to amend the environmental conservation law, in relation to
air quality control program fees; and to repeal certain provisions of
the environmental conservation law and the state finance law relating
thereto (Part T); to amend the public authorities law and the health
and mental hygiene facilities development corporation act, in relation
to authorizing the dormitory authority to provide additional services
to state agencies and local governments for certain projects (Part U);
to amend chapter 584 of the laws of 2011, amending the public authori-
ties law relating to the powers and duties of the dormitory authority
of the state of New York relative to the establishment of subsidiaries
for certain purposes, in relation to the effectiveness thereof (Part
V); to amend the public authorities law, in relation to the Battery
Park city authority (Part W); to amend the economic development law,
in relation to increasing the cap on grants to entrepreneurship
assistance centers (Part X); to amend chapter 261 of the laws of 1988,
amending the state finance law and other laws relating to the New
York state infrastructure trust fund, in relation to the effective-
ness thereof (Part Y); to amend the New York state urban devel-
opment corporation act, in relation to extending the authority of
the New York state urban development corporation to administer the
empire state economic development fund (Part Z); 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 AA); to amend chapter 495 of the laws of 2004, amending
the insurance law and the public health law relating to the New York
state health insurance continuation assistance demonstration project,
in relation to the effectiveness thereof (Part BB); to amend the bank-
ing law, in relation to the regulation of buy-now-pay-later lenders
(Part CC); to amend the insurance law, in relation to supplemental
spousal liability insurance (Part DD); to amend the insurance law, in
relation to cost sharing for covered prescription insulin drugs (Part
EE); to amend the insurance law, in relation to affordable housing
(Part FF); to amend the general business law, in relation to prohibit-
ing the sale of batteries for micromobility devices (Part GG); to
amend the insurance law, in relation to certain penalties (Part HH);
to amend the general business law, the banking law, and the social
services law, in relation to protecting eligible adults from financial
exploitation (Part II); to amend the general business law, in relation
to enacting the "Consumer Protection Act" (Part JJ); to amend chapter
56 of the laws of 2022 amending the public officers law relating to
permitting videoconferencing and remote participation in public meet-
ings under certain circumstances, in relation to extending the
provisions thereof (Part KK); and to amend the insurance law, in
relation to reinsurance, distribution for life insurers, and assess-
ments; and to amend the tax law, in relation to the credit relating to
life and health insurance guaranty corporation assessments (Part LL)
S. 8308 4 A. 8808
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
necessary to implement the state transportation, economic development
and environmental conservation budget for the 2024-2025 state fiscal
year. Each component is wholly contained within a Part identified as
Parts A through LL. The effective date for each particular provision
contained within such Part is set forth in the last section of such
Part. Any provision in any section contained within a Part, including
the effective date of the Part, which makes a reference to a section "of
this act", when used in connection with that particular component, shall
be deemed to mean and refer to the corresponding section of the Part in
which it is found. Section three of this act sets forth the general
effective date of this act.
PART A
Section 1. Section 3 of part PP of chapter 54 of the laws of 2016
amending the public authorities law and the general municipal law relat-
ing to the New York transit authority and the metropolitan transporta-
tion authority, as amended by section 1 of part C of chapter 58 of the
laws of 2023, is amended to read as follows:
§ 3. This act shall take effect immediately; provided that the amend-
ments to subdivision 1 of section 119-r of the general municipal law
made by section two of this act shall expire and be deemed repealed
April 1, [2024] 2034, and provided further that such repeal shall not
affect the validity or duration of any contract entered into before that
date pursuant to paragraph f of such subdivision.
§ 2. This act shall take effect immediately.
PART B
Section 1. Subdivision 5-a of section 1204 of the public authorities
law, as amended by chapter 931 of the laws of 1984, is amended to read
as follows:
5-a. To make, amend and repeal rules governing the conduct and safety
of the public as it may deem necessary, convenient or desirable for the
use and operation of the transit facilities under its jurisdiction,
including without limitation rules relating to the protection or mainte-
nance of such facilities, the conduct and safety of the public, the
payment of fares or other lawful charges for the use of such facilities,
the presentation or display of documentation permitting free passage,
reduced fare passage or full fare passage on such facilities and the
protection of the revenue of the authority. Violations of such rules
shall be an offense punishable by a fine of not exceeding twenty-five
dollars or by imprisonment for not longer than ten days, or both, or may
be punishable by the imposition by the transit adjudication bureau
established pursuant to the provisions of this title of a civil penalty
in an amount for each violation not to exceed [one] TWO hundred dollars
(exclusive of SUPPLEMENTAL PENALTIES, interest or costs assessed there-
on), in accordance with a schedule of such penalties as may from time to
time be established by rules of the authority. IF A VIOLATION OF THE
RULES OF THE AUTHORITY RELATING TO THE PAYMENT OF FARES IS THE FIRST
SUCH VIOLATION BY AN INDIVIDUAL, THE VIOLATION MAY BE PUNISHABLE BY AN
OFFICIAL WRITTEN WARNING ISSUED ACCORDING TO AND GOVERNED BY THE RULES
S. 8308 5 A. 8808
OF THE AUTHORITY IN ALL RESPECTS, PROVIDED THAT SUCH A WARNING ISSUED TO
AN INDIVIDUAL SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN AS A PREDI-
CATE TO THE IMPOSITION BY THE TRANSIT ADJUDICATION BUREAU OF A CIVIL
PENALTY ON SUCH INDIVIDUAL PURSUANT TO THIS SUBDIVISION IN THE EVENT OF
A SUBSEQUENT VIOLATION. Such schedule of penalties may provide for the
imposition of [additional] SUPPLEMENTAL penalties, not to exceed a total
of fifty dollars for each violation, upon the failure of a respondent in
any proceeding commenced with respect to any such violation to make
timely response to or appearance in connection with a notice of
violation of such rule or to any subsequent notice or order issued by
the authority in such proceeding. There shall be no penalty or increment
in fine by virtue of a respondent's timely exercise of his right to a
hearing or appeal. The rules may provide, in addition to any other sanc-
tions, for the confiscation of tokens, tickets, cards or other fare
media that have been forged, counterfeit, improperly altered or trans-
ferred, or otherwise used in a manner inconsistent with such rules.
§ 2. Subdivisions 2, 3, 4, 5, 6, 7 and 10 of section 1209-a of the
public authorities law, subdivisions 2, 4, 5, 6, 7 and 10 as amended by
chapter 379 of the laws of 1992, subdivision 3 and paragraphs b and i of
subdivision 4 as amended by chapter 460 of the laws of 2015, are amended
to read as follows:
2. Hearing officers. The president of the authority shall appoint
hearing officers who shall preside at hearings for the adjudication of
charges of transit OR RAILROAD infractions, as hereinafter defined and
the adjudication of allegations of liability for violations of the rules
and regulations of the triborough bridge and tunnel authority in accord-
ance with section two thousand nine hundred eighty-five of this chapter,
and who, as provided below, may be designated to serve on the appeals
board of the bureau. Every hearing officer shall have been admitted to
the practice of law in this state for a period of at least three years,
and shall be compensated for his OR HER services on a per diem basis
determined by the bureau.
3. Jurisdiction. The bureau shall have, with respect to acts or inci-
dents in or on the transit OR RAILROAD facilities of the authority OR
THE METROPOLITAN TRANSPORTATION AUTHORITY OR A SUBSIDIARY THEREOF
committed by or involving persons who are sixteen years of age or over,
[or with respect to acts or incidents occurring on omnibuses owned or
operated by the metropolitan transportation authority or a subsidiary
thereof,] and with respect to violation of toll collection regulations
of the triborough bridge and tunnel authority as described in section
twenty-nine hundred eighty-five of this chapter, non-exclusive jurisdic-
tion over violations of: (a) the rules which may from time to time be
established by the authority under subdivision five-a of section twelve
hundred four of this chapter; (b) article one hundred thirty-nine of the
health code of the city of New York, as it may be amended from time to
time, relating to public transportation facilities; (c) article four of
the noise control code of the city of New York, as it may be amended
from time to time, insofar as it pertains to sound reproduction devices;
(d) the rules and regulations which may from time to time be established
by the triborough bridge and tunnel authority in accordance with the
provisions of section twenty-nine hundred eighty-five of this chapter;
and (e) rules and regulations which may from time to time be established
by the metropolitan transportation authority or a subsidiary thereof in
accordance with the provisions of section twelve hundred sixty-six of
this chapter. Matters within the jurisdiction of the bureau except
violations of the rules and regulations of the triborough bridge and
S. 8308 6 A. 8808
tunnel authority shall be known for purposes of this section as transit
OR RAILROAD infractions, AS APPLICABLE. Nothing herein shall be
construed to divest jurisdiction from any court now having jurisdiction
over any criminal charge or traffic infraction relating to any act
committed in a transit or toll facility, or to impair the ability of a
police officer to conduct a lawful search of a person in a transit OR
RAILROAD facility. The criminal court of the city of New York shall
continue to have jurisdiction over any criminal charge or traffic
infraction brought for violation of the rules of the authority, the
triborough bridge and tunnel authority or the metropolitan transporta-
tion authority or a subsidiary thereof, as well as jurisdiction relating
to any act which may constitute a crime or an offense under any law of
the state of New York or any municipality or political subdivision ther-
eof and which may also constitute a violation of such rules. The bureau
shall have concurrent jurisdiction with the environmental control board
and the administrative tribunal of the department of health over the
aforesaid provisions of the health code and noise control code of the
city of New York.
4. General powers. The bureau shall have the following functions,
powers and duties:
a. To accept pleas (whether made in person or by mail) to, and to hear
and determine, charges of transit AND RAILROAD infractions and allega-
tions of civil liability pursuant to section two thousand nine hundred
eighty-five of this chapter within its jurisdiction;
b. To impose civil penalties not to exceed a total of [one] TWO
hundred [fifty] dollars for any transit OR RAILROAD infraction within
its jurisdiction, in accordance with a penalty schedule established by
the authority or the metropolitan transportation authority or a subsid-
iary thereof, as applicable[, except that] (EXCLUSIVE OF SUPPLEMENTAL
PENALTIES, INTEREST OR COSTS ASSESSED THEREON). IF A VIOLATION OF THE
RULES OF THE AUTHORITY OR THE METROPOLITAN TRANSPORTATION AUTHORITY OR A
SUBSIDIARY RELATING TO THE PAYMENT OF FARES IS THE FIRST SUCH VIOLATION
BY AN INDIVIDUAL, THE VIOLATION MAY BE PUNISHABLE BY AN OFFICIAL WRITTEN
WARNING ISSUED ACCORDING TO AND GOVERNED BY THE RULES OF THE AUTHORITY
OR THE METROPOLITAN TRANSPORTATION AUTHORITY OR A SUBSIDIARY THEREOF IN
ALL RESPECTS, PROVIDED THAT THE PURPOSE, EFFECT AND DISSEMINATION OF
RECORDS OF SUCH WARNINGS SHALL BE LIMITED AS SET FORTH IN SUBDIVISION
FIVE-A OF SECTION TWELVE HUNDRED FOUR OF THIS TITLE AND SUBDIVISION FOUR
OF SECTION TWELVE HUNDRED SIXTY-SIX OF THIS ARTICLE. SUCH SCHEDULE OF
PENALTIES MAY PROVIDE FOR THE IMPOSITION OF SUPPLEMENTAL PENALTIES, NOT
TO EXCEED A TOTAL OF FIFTY DOLLARS FOR EACH VIOLATION, UPON THE FAILURE
OF A RESPONDENT IN ANY PROCEEDING COMMENCED WITH RESPECT TO ANY SUCH
INFRACTION TO MAKE TIMELY RESPONSE TO OR APPEARANCE IN CONNECTION WITH A
NOTICE OF VIOLATION OF SUCH RULE OR TO ANY SUBSEQUENT NOTICE OR ORDER
ISSUED BY THE AUTHORITY OR THE METROPOLITAN TRANSPORTATION AUTHORITY OR
A SUBSIDIARY THEREOF IN SUCH PROCEEDING. NOTWITHSTANDING THE FOREGOING,
penalties for violations of the health code of the city of New York
shall be in accordance with the penalties established for such
violations by the board of health of the city of New York, and penalties
for violations of the noise code of the city of New York shall be in
accordance with the penalties established for such violations by law,
and civil penalties for violations of the rules and regulations of the
triborough bridge and tunnel authority shall be in accordance with the
penalties established for such violations by section twenty-nine hundred
eighty-five of this chapter;
S. 8308 7 A. 8808
c. In its sole discretion, to suspend or forgive penalties or any
portion of penalties imposed on the condition that the respondent volun-
tarily agrees to perform and actually does satisfactorily perform unpaid
services on transit OR RAILROAD facilities as assigned by the authority,
such as, without limitation, cleaning of rolling stock;
d. To adopt, amend and rescind rules and regulations not inconsistent
with any applicable provision of law to carry out the purposes of this
section, including but not limited to rules and regulations prescribing
the internal procedures and organization of the bureau, the manner and
time of entering pleas, the conduct of hearings, and the amount and
manner of payment of penalties;
e. To enter judgments and enforce them, without court proceedings, in
the same manner as the enforcement of money judgments in civil actions,
as provided below;
f. To compile and maintain complete and accurate records relating to
all WARNINGS, charges and dispositions, which records shall be deemed
exempt from disclosure under the freedom of information law as records
compiled for law enforcement purposes, AND PROVIDED THAT, IN THE ABSENCE
OF AN ADDITIONAL VIOLATION, RECORDS OF A WARNING ISSUED TO AN INDIVIDUAL
AS DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE SEALED OR
EXPUNGED AS OF THE DATE THAT IS FIVE YEARS AFTER THE DATE THAT SUCH
WARNING WAS ISSUED;
g. To apply to a court of competent jurisdiction for enforcement of
any decision or order issued by such bureau or of any subpoena issued by
a hearing officer as provided in paragraph d of subdivision seven of
this section;
h. To enter into contracts with other government agencies, with
private organizations, or with individuals to undertake on its behalf
such functions as data processing, debt collections, mailing, and gener-
al administration, as the executive director deems appropriate, except
that the conduct by hearing officers of hearings and of appeals may not
be performed by outside contractors;
i. To accept payment of penalties and to remit same to the authority
or the metropolitan transportation authority or a subsidiary thereof, as
applicable; [and]
j. To adjudicate the liability of motor vehicle owners for violations
of rules and regulations established in accordance with the provisions
of section two thousand nine hundred eighty-five of this chapter[.];
K. IN ITS SOLE DISCRETION, TO FORGIVE PENALTIES OR ANY PORTION OF
PENALTIES IMPOSED ON A RESPONDENT FOR A VIOLATION OF THE RULES OF THE
AUTHORITY OR OF A METROPOLITAN TRANSPORTATION AUTHORITY BUS RELATING TO
THE PAYMENT OF FARES ON THE CONDITION THAT THE RESPONDENT ENROLLS IN THE
FAIR FARES PROGRAM ADMINISTERED BY THE CITY OF NEW YORK AND PROVIDES
PROOF OF SUCH ENROLLMENT; AND
L. IN ITS SOLE DISCRETION, TO ISSUE A FARECARD TO A RESPONDENT FOR USE
ON TRANSIT FACILITIES IN AN AMOUNT NOT TO EXCEED ONE-HALF OF THE PENALTY
AMOUNT IF THE PENALTY WAS IMPOSED ON THE RESPONDENT FOR A VIOLATION OF
THE RULES OF THE AUTHORITY OR A METROPOLITAN TRANSPORTATION AUTHORITY
BUS RELATING TO THE PAYMENT OF FARES AND THE VIOLATION IS THE SECOND
SUCH VIOLATION BY THE RESPONDENT, PROVIDED THAT THE RESPONDENT SHALL
HAVE PAID THE PENALTY IN FULL BY THE DATE DUE FOR SUCH PAYMENT.
5. Notices of violation. The bureau shall prepare and distribute
notices of violation in blank to the transit police and any other person
empowered by law, rule and regulation to serve such notices. The form
and wording of the notice of violation shall be prescribed by the execu-
tive director, and it may be the same as any other notice of violation
S. 8308 8 A. 8808
or summons form already in use if said form meets the requirements here-
of. The notice of violation may include provisions to record information
which will facilitate the identification and location of respondents,
including but not limited to name, address, telephone numbers, date of
birth, social security number if otherwise permitted by law, place of
employment or school, and name and address of parents or guardian if a
minor. Notices of violation shall be issued only to persons who are
sixteen years of age or over, and shall be served by delivering the
notice within the state to the person to be served. A copy of each
notice of violation served hereunder shall be filed and retained by said
bureau, and shall be deemed a record kept in the ordinary course of
business, and, if sworn to or affirmed, shall be prima facie evidence of
the facts contained therein. Said notice of violation shall contain
information advising the person charged of the manner and the time with-
in which such person may either admit or deny the offense charged in the
notice. Such notice of violation shall also contain a warning to advise
the person charged that failure to plead in the manner and within the
time stated in the notice may result in a default decision and order
being entered against such person, and the imposition of supplemental
penalties as provided in subdivision five-a of section twelve hundred
four OR SUBDIVISION FOUR OF SECTION TWELVE HUNDRED SIXTY-SIX of this
chapter. A notice of violation shall not be deemed to be a notice of
liability issued pursuant to section two thousand nine hundred eighty-
five of this chapter.
6. Defaults. Where a respondent has failed to plead to a notice of
violation or to a notice of liability issued pursuant to section two
thousand nine hundred eighty-five of this chapter within the time
allowed by the rules of said bureau or has failed to appear on a desig-
nated hearing date or a subsequent date following an adjournment, such
failure to plead or appear shall be deemed, for all purposes, to be an
admission of liability and shall be grounds for rendering a default
decision and order imposing a penalty in such amount as may be
prescribed by the authority OR THE METROPOLITAN TRANSPORT AUTHORITY OR A
SUBSIDIARY THEREOF.
7. Hearings. a. (1) A person charged with a transit OR RAILROAD
infraction returnable to the bureau or a person alleged to be liable in
accordance with the provisions of section two thousand nine hundred
eighty-five of this chapter who contests such allegation shall be
advised of the date on or by which he or she must appear to answer the
charge at a hearing. Notification of such hearing date shall be given
either in the notice of violation or in a form, the content of which
shall be prescribed by the executive director or in a manner prescribed
in section two thousand nine hundred eighty-five of this chapter. Any
such notification shall contain a warning to advise the person charged
that failure to appear on or by the date designated, or any subsequent
rescheduled or adjourned date, shall be deemed for all purposes, an
admission of liability, and that a default judgment may be rendered and
penalties may be imposed. Where notification is given in a manner other
than in the notice of violation, the bureau shall deliver such notice to
the person charged, either personally or by registered or certified
mail.
(2) Whenever a person charged with a transit OR RAILROAD infraction or
alleged to be liable in accordance with the provisions of section two
thousand nine hundred eighty-five of this chapter returnable to the
bureau requests an alternate hearing date and is not then in default as
defined in subdivision six of this section, the bureau shall advise such
S. 8308 9 A. 8808
person personally, or by registered or certified mail, of the alternate
hearing date on or by which he or she must appear to answer the charge
or allegation at a hearing. The form and content of such notice of hear-
ing shall be prescribed by the executive director, and shall contain a
warning to advise the person charged or alleged to be liable that fail-
ure to appear on or by the alternate designated hearing date, or any
subsequent rescheduled or adjourned date, shall be deemed for all
purposes an admission of liability, and that a default judgment may be
rendered and penalties may be imposed.
(3) Whenever a person charged with a transit OR RAILROAD infraction or
alleged to be liable in accordance with the provisions of section two
thousand nine hundred eighty-five of this chapter returnable to the
bureau appears at a hearing and obtains an adjournment of the hearing
pursuant to the rules of the bureau, the bureau shall advise such person
personally, or by registered or certified mail, of the adjourned date on
which he or she must appear to answer the charge or allegation at a
continued hearing. The form and content of such notice of a continued
hearing shall be prescribed by the executive director, and shall contain
a warning to advise the person charged or alleged to be liable that
failure to appear on the adjourned hearing date shall be deemed for all
purposes an admission of liability, and that a default judgment may be
rendered and penalties may be imposed.
b. Every hearing for the adjudication of a charge of a transit OR
RAILROAD infraction or an allegation of liability under section two
thousand nine hundred eighty-five of this chapter hereunder shall be
held before a hearing officer in accordance with the rules and regu-
lations promulgated by the bureau.
c. The hearing officer shall not be bound by the rules of evidence in
the conduct of the hearing, except rules relating to privileged communi-
cations.
d. The hearing officer may, in his or her discretion, or at the
request of the person charged or alleged to be liable on a showing of
good cause and need therefor, issue subpoenas to compel the appearance
of any person to give testimony, and issue subpoenas duces tecum to
compel the production for examination or introduction into evidence of
any book, paper or other thing relevant to the charges.
e. In the case of a refusal to obey a subpoena, the bureau may make
application to the supreme court pursuant to section twenty-three
hundred eight of the civil practice law and rules, for an order requir-
ing such appearance, testimony or production of materials.
f. The bureau shall make and maintain a sound recording or other
record of every hearing.
g. After due consideration of the evidence and arguments, the hearing
officer shall determine whether the charges or allegations have been
established. No charge may be established except upon proof by clear and
convincing evidence except allegations of civil liability for violations
of triborough bridge and tunnel authority rules and regulations will be
established in accordance with the provisions of section two thousand
nine hundred eighty-five of this chapter. Where the charges have not
been established, an order dismissing the charges or allegations shall
be entered. Where a determination is made that a charge or allegation
has been established or if an answer admitting the charge or allegation
has been received, the hearing officer shall set a penalty in accordance
with the penalty schedule established by the authority OR THE METROPOL-
ITAN TRANSPORTATION AUTHORITY OR ITS SUBSIDIARIES, or for allegations of
civil liability in accordance with the provisions of section two thou-
S. 8308 10 A. 8808
sand nine hundred eighty-five of this chapter and an appropriate order
shall be entered in the records of the bureau. The respondent shall be
given notice of such entry in person or by certified mail. This order
shall constitute the final determination of the hearing officer, and for
purposes of review it shall be deemed to incorporate any intermediate
determinations made by said officer in the course of the proceeding.
When no appeal is filed this order shall be the final order of the
bureau.
10. Funds. All penalties collected pursuant to the provisions of this
section shall be paid to the authority to the credit of a transit crime
fund which the authority shall establish. Any sums in this fund shall be
used to pay for programs selected by the board of the METROPOLITAN
TRANSPORTATION authority, in its discretion, to reduce the incidence of
crimes and infractions on transit AND RAILROAD facilities, or to improve
the enforcement of laws against such crimes and infractions. Such funds
shall be in addition to and not in substitution for any funds provided
by the state or the city of New York for such purposes.
§ 3. Subdivision 4 of section 1266 of the public authorities law, as
amended by chapter 460 of the laws of 2015, is amended to read as
follows:
4. The authority may establish and, in the case of joint service
arrangements, join with others in the establishment of such schedules
and standards of operations and such other rules and regulations includ-
ing but not limited to rules and regulations governing the conduct and
safety of the public as it may deem necessary, convenient or desirable
for the use and operation of any transportation facility and related
services operated by the authority or under contract, lease or other
arrangement, including joint service arrangements, with the authority.
Such rules and regulations governing the conduct and safety of the
public shall be filed with the department of state in the manner
provided by section one hundred two of the executive law. In the case of
any conflict between any such rule or regulation of the authority
governing the conduct or the safety of the public and any local law,
ordinance, rule or regulation, such rule or regulation of the authority
shall prevail. Violation of any such rule or regulation of the authority
OR ANY OF ITS SUBSIDIARIES governing the conduct or the safety of the
public in or upon any facility of the authority OR ANY OF ITS SUBSID-
IARIES shall constitute an offense [and shall be] punishable by a fine
not exceeding fifty dollars or imprisonment for not more than thirty
days or both or may be punishable by the imposition of a civil penalty
by the transit adjudication bureau established pursuant to the
provisions of title nine of this article IN AN AMOUNT FOR EACH VIOLATION
NOT TO EXCEED TWO HUNDRED DOLLARS (EXCLUSIVE OF SUPPLEMENTAL PENALTIES,
INTEREST OR COSTS ASSESSED THEREON), IN ACCORDANCE WITH A SCHEDULE OF
SUCH PENALTIES AS MAY FROM TIME TO TIME BE ESTABLISHED BY RULES OF THE
AUTHORITY OR ITS SUBSIDIARIES. IF A VIOLATION OF RULES OF THE AUTHORITY
OR A SUBSIDIARY RELATING TO THE PAYMENT OF FARES IS THE FIRST SUCH
VIOLATION BY AN INDIVIDUAL, THE VIOLATION MAY BE PUNISHABLE BY AN OFFI-
CIAL WRITTEN WARNING ISSUED ACCORDING TO AND GOVERNED BY THE RULES OF
THE AUTHORITY OR A SUBSIDIARY IN ALL RESPECTS, PROVIDED THAT SUCH A
WARNING ISSUED TO AN INDIVIDUAL SHALL NOT BE USED FOR ANY PURPOSE OTHER
THAN AS A PREDICATE TO THE IMPOSITION BY THE TRANSIT ADJUDICATION BUREAU
OF A CIVIL PENALTY ON SUCH INDIVIDUAL PURSUANT TO THIS SUBDIVISION IN
THE EVENT OF A SUBSEQUENT VIOLATION. SUCH SCHEDULE OF PENALTIES MAY
PROVIDE FOR THE IMPOSITION OF SUPPLEMENTAL PENALTIES, NOT TO EXCEED A
TOTAL OF FIFTY DOLLARS FOR EACH VIOLATION, UPON THE FAILURE OF A
S. 8308 11 A. 8808
RESPONDENT IN ANY PROCEEDING COMMENCED WITH RESPECT TO ANY SUCH
VIOLATION TO MAKE TIMELY RESPONSE TO OR APPEARANCE IN CONNECTION WITH A
NOTICE OF VIOLATION OF SUCH RULE OR TO ANY SUBSEQUENT NOTICE OR ORDER
ISSUED BY THE AUTHORITY OR A SUBSIDIARY IN SUCH PROCEEDING. THERE SHALL
BE NO PENALTY OR INCREMENT IN FINE BY VIRTUE OF A RESPONDENT'S TIMELY
EXERCISE OF THEIR RIGHT TO A HEARING OR APPEAL. THE RULES MAY PROVIDE,
IN ADDITION TO ANY OTHER SANCTIONS, FOR THE CONFISCATION OF TOKENS,
TICKETS, CARDS OR OTHER FARE MEDIA THAT HAVE BEEN FORGED, COUNTERFEIT,
IMPROPERLY ALTERED OR TRANSFERRED, OR OTHERWISE USED IN A MANNER INCON-
SISTENT WITH SUCH RULES.
§ 4. This act shall take effect immediately.
PART C
Section 1. Subdivision 3 of section 165.15 of the penal law is amended
to read as follows:
3. With intent to obtain railroad, subway, bus, air, taxi or any other
public transportation service OR TO USE ANY TOLL HIGHWAY, PARKWAY, ROAD,
BRIDGE OR TUNNEL OR ENTER INTO OR REMAIN IN A TOLLED CENTRAL BUSINESS
DISTRICT without payment of the lawful charge OR TOLL therefor, or to
avoid payment of the lawful charge OR TOLL for such transportation
service which has been rendered to him OR HER OR FOR SUCH USE OF ANY
TOLL HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL OR FOR SUCH ENTRY INTO OR
REMAINING IN A TOLLED CENTRAL BUSINESS DISTRICT, he OR SHE obtains or
attempts to obtain such service OR TO USE ANY TOLL HIGHWAY, PARKWAY,
ROAD, BRIDGE OR TUNNEL OR ENTER INTO OR REMAIN IN A TOLLED CENTRAL BUSI-
NESS DISTRICT or avoids or attempts to avoid payment therefor by force,
intimidation, stealth, deception or mechanical tampering, or by unjusti-
fiable failure or refusal to pay; or
§ 2. Subdivision 1 of section 402 of the vehicle and traffic law is
amended by adding a new paragraph (c) to read as follows:
(C) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, IT SHALL
BE UNLAWFUL FOR ANY PERSON TO OPERATE, DRIVE OR PARK A MOTOR VEHICLE ON
A TOLL HIGHWAY, BRIDGE AND/OR TUNNEL FACILITY OR ENTER INTO OR REMAIN IN
THE TOLLED CENTRAL BUSINESS DISTRICT DESCRIBED IN SECTION SEVENTEEN
HUNDRED FOUR OF THIS CHAPTER, UNDER THE JURISDICTION OF THE TOLLING
AUTHORITY, IF SUCH NUMBER PLATES ARE COVERED BY GLASS OR ANY PLASTIC
MATERIAL, OR COVERED OR COATED WITH ANY ARTIFICIAL OR SYNTHETIC MATERIAL
OR SUBSTANCE THAT CONCEALS OR OBSCURES SUCH NUMBER PLATES OR THAT
DISTORTS A RECORDED OR PHOTOGRAPHIC IMAGE OF SUCH NUMBER PLATES. THE
VIEW OF SUCH NUMBER PLATES SHALL NOT BE OBSTRUCTED BY ANY PART OF THE
VEHICLE OR BY ANYTHING CARRIED THEREON, EXCEPT FOR A RECEIVER-TRANSMIT-
TER ISSUED BY A PUBLICLY OWNED TOLLING AUTHORITY IN CONNECTION WITH
ELECTRONIC TOLL COLLECTION WHEN SUCH RECEIVER-TRANSMITTER IS AFFIXED TO
THE EXTERIOR OF A VEHICLE IN ACCORDANCE WITH MOUNTING INSTRUCTIONS
PROVIDED BY THE TOLLING AUTHORITY. FOR PURPOSES OF THIS PARAGRAPH,
"TOLLING AUTHORITY" SHALL MEAN EVERY PUBLIC AUTHORITY WHICH OPERATES A
TOLL HIGHWAY, BRIDGE AND/OR TUNNEL OR A CENTRAL BUSINESS DISTRICT TOLL-
ING PROGRAM, AS WELL AS THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, A
BI-STATE AGENCY CREATED BY COMPACT SET FORTH IN CHAPTER ONE HUNDRED
FIFTY-FOUR OF THE LAWS OF NINETEEN HUNDRED TWENTY-ONE, AS AMENDED.
§ 3. Subdivision 7 of section 402 of the vehicle and traffic law, as
added by chapter 648 of the laws of 2006, is amended to read as follows:
7. It shall be unlawful for any person, firm, partnership, associ-
ation, limited liability company or corporation to sell, offer for sale
or distribute any:
S. 8308 12 A. 8808
(A) artificial or synthetic material or substance for the purpose of
application to a number plate that will, upon application to a number
plate, distort a recorded or photographic image of such number plate; OR
(B) PLATE COVER, MATERIAL OR DEVICE THAT WILL, UPON INSTALLATION ON,
NEAR OR AROUND A NUMBER PLATE, OBSTRUCT OR OBSCURE ALL OR ANY PART OF
THE IDENTIFICATION MATTER OF SUCH NUMBER PLATE.
§ 4. Subdivision 8 of section 402 of the vehicle and traffic law, as
amended by chapter 451 of the laws of 2021, is amended to read as
follows:
8. A violation of this section shall be punishable by a fine of not
less than twenty-five nor more than two hundred dollars, except that:
(A) a violation of subparagraph (ii) or subparagraph (iii) of para-
graph (b) of subdivision one of this section shall be punishable by a
fine of not less than fifty nor more than three hundred dollars; AND
(B) A VIOLATION OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION
SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED NOR MORE THAN
FIVE HUNDRED DOLLARS.
A POLICE OFFICER AS DEFINED IN SECTION ONE HUNDRED THIRTY-TWO OF THIS
CHAPTER ISSUING A NOTICE OF VIOLATION PURSUANT TO THIS SECTION SHALL BE
AUTHORIZED TO SEIZE AND CONFISCATE ANY COVERING AFFIXED OVER THE NUMBER
PLATES WHICH OBSCURES THE ABILITY TO EASILY READ SUCH NUMBER PLATES,
EXCEPT THAT IN THE EVENT OF SUCH SEIZURE AND CONFISCATION A VIOLATION OF
PARAGRAPH (B) OR (C) OF SUBDIVISION ONE OF THIS SECTION SHALL BE PUNISH-
ABLE BY A FINE OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS AND THE OWNER
OF THE VEHICLE TO WHOM SUCH NUMBER PLATES WERE ISSUED SHALL HAVE ONE
WEEK FROM THE DATE SUCH VIOLATION IS ISSUED TO REMOVE, IF NOT DONE BY A
POLICE OFFICER PURSUANT TO THIS SECTION, ANY ARTIFICIAL OR SYNTHETIC
MATERIAL OR SUBSTANCE THAT CONCEALS OR OBSCURES SUCH NUMBER PLATES OR TO
PURCHASE NEW NUMBER PLATES. WHERE A POLICE OFFICER SEIZES OR CONFISCATES
A COVERING AFFIXED TO A NUMBERED PLATE PURSUANT TO THIS SECTION, SUCH
SEIZURE SHALL BE RECORDED ON THE NOTICE OF VIOLATION.
§ 5. Subdivision 5-a of section 401 of the vehicle and traffic law is
amended by adding a new paragraph d to read as follows:
D. IT SHALL BE UNLAWFUL FOR ANY PERSON OTHER THAN A BONA FIDE PURCHAS-
ER OF THE VEHICLE IN AN ARMS-LENGTH TRANSACTION, AS DETERMINED IN
ACCORDANCE WITH THE PROCEDURE BELOW, TO REGISTER, REREGISTER, RENEW,
REPLACE OR TRANSFER THE REGISTRATION, CHANGE THE NAME, ADDRESS OR OTHER
INFORMATION OF THE REGISTERED OWNER, OR CHANGE THE REGISTRATION CLASSI-
FICATION OF ANY VEHICLE WHOSE VEHICLE IDENTIFICATION NUMBER IS ASSOCI-
ATED WITH A VEHICLE WHOSE REGISTRATION HAS BEEN SUSPENDED, OR IS SUBJECT
TO A PENDING REQUEST FROM A TOLLING AUTHORITY TO SUSPEND THE REGISTRA-
TION, UNDER PARAGRAPH D OF SUBDIVISION THREE OF SECTION FIVE HUNDRED TEN
OF THIS CHAPTER AND 15 NYCRR 127.14. THE COMMISSIONER OR THE COMMISSION-
ER'S AGENT MAY IMPOSE A VEHICLE IDENTIFICATION NUMBER BLOCK AND DENY THE
REGISTRATION, REREGISTRATION, RENEWAL, REPLACEMENT OR TRANSFER OF THE
REGISTRATION FOR SUCH VEHICLE AND VEHICLE IDENTIFICATION NUMBER UNTIL
THE TOLLING AUTHORITY ADVISES, IN SUCH FORM AND MANNER AS THE COMMIS-
SIONER SHALL PRESCRIBE, THAT NOTICES OF VIOLATION HAVE BEEN RESPONDED TO
AND ANY UNPAID TOLLS, FEES OR OTHER CHARGES ASSOCIATED WITH THE VEHICLE
AND THE VEHICLE IDENTIFICATION NUMBER HAVE BEEN PAID TO THE TOLLING
AUTHORITY. WHERE AN APPLICATION IS DENIED PURSUANT TO THIS PARAGRAPH,
THE COMMISSIONER MAY, IN THE COMMISSIONER'S DISCRETION, DENY A REGISTRA-
TION, REREGISTRATION, RENEWAL, REPLACEMENT OR TRANSFER OF THE REGISTRA-
TION FOR ANY OTHER MOTOR VEHICLE REGISTERED IN THE NAME OF THE APPLICANT
WHERE THE COMMISSIONER HAS DETERMINED THAT SUCH REGISTRANT'S INTENT HAS
BEEN TO EVADE THE PURPOSES OF THIS PARAGRAPH AND WHERE THE COMMISSIONER
S. 8308 13 A. 8808
HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH REGISTRATION, REREGISTRA-
TION, RENEWAL, REPLACEMENT OR TRANSFER OF REGISTRATION WILL HAVE THE
EFFECT OF DEFEATING THE PURPOSES OF THIS PARAGRAPH. SUCH VEHICLE IDEN-
TIFICATION NUMBER BLOCK AND DENIAL SHALL ONLY REMAIN IN EFFECT UNTIL THE
TOLLING AUTHORITY ADVISES, IN SUCH FORM AND MANNER AS THE COMMISSIONER
SHALL PRESCRIBE, THAT NOTICES OF VIOLATION HAVE BEEN RESPONDED TO AND
ANY UNPAID TOLLS, FEES OR OTHER CHARGES ASSOCIATED WITH THE VEHICLE AND
THE VEHICLE IDENTIFICATION NUMBER HAVE BEEN PAID TO THE TOLLING AUTHORI-
TY. A BONA FIDE PURCHASER IN AN ARMS-LENGTH TRANSACTION, FOR PURPOSES
OF THIS PARAGRAPH, IS A VEHICLE REGISTRATION APPLICANT WHO PROVIDES A
COPY OF THE SIGNED BILL OF SALE OR OTHER SUCH CONTRACT DOCUMENT COVERING
SUCH VEHICLE TO THE COMMISSIONER OR THE COMMISSIONER'S AGENT, WITH THE
NAME AND ADDRESS OF THE SELLER AND PURCHASER, THE PURCHASE DATE, AND THE
PURCHASE PRICE, CLEARLY LEGIBLE. WHERE THE VEHICLE REGISTRATION APPLI-
CANT COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH, THAT APPLICANT
SHALL BE DEEMED TO BE THE BONA FIDE PURCHASER OF SUCH VEHICLE IN AN
ARMS-LENGTH TRANSACTION FOR PURPOSES OF THIS PARAGRAPH, WHICH VEHICLE
TRANSACTION SHALL NOT BE SUBJECT TO THE DISCRETIONARY VEHICLE IDENTIFI-
CATION NUMBER BLOCK AND DISCRETIONARY REGISTRATION APPLICATION DENIAL
OTHERWISE PROVIDED HEREIN.
§ 6. Section 510 of the vehicle and traffic law is amended by adding a
new subdivision 4-h to read as follows:
4-H. SUSPENSION OF REGISTRATION FOR FAILURE TO COMPLY WITH REMOVING
ANY ARTIFICIAL OR SYNTHETIC MATERIAL OR SUBSTANCE THAT CONCEALS OR
OBSCURES NUMBER PLATES OR THE PURCHASE OF NEW NUMBER PLATES. UPON THE
RECEIPT OF A NOTIFICATION FROM A COURT OR AN ADMINISTRATIVE TRIBUNAL
THAT AN OWNER OF A MOTOR VEHICLE FAILED TO COMPLY WITH SUBDIVISION EIGHT
OF SECTION FOUR HUNDRED TWO OF THIS CHAPTER, THE COMMISSIONER OR HIS OR
HER AGENT MAY SUSPEND THE REGISTRATION OF THE VEHICLE INVOLVED IN THE
VIOLATION AND SUCH SUSPENSION SHALL REMAIN IN EFFECT UNTIL SUCH TIME AS
THE COMMISSIONER IS ADVISED THAT THE OWNER OF SUCH VEHICLE HAS SATISFIED
THE REQUIREMENTS OF SUCH SUBDIVISION.
§ 7. Subdivision 8 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
8. Adjudication of the liability imposed upon owners by this section
shall be by the entity having jurisdiction over violations of the rules
and regulations of the public authority serving the notice of liability
or where authorized by an administrative tribunal and all violations
shall be heard and determined in the county in which the violation is
alleged to have occurred, or in New York city and upon the consent of
both parties, in any county within New York city in which the public
authority operates or maintains a facility, and in the same manner as
charges of other regulatory violations of such public authority or
pursuant to the rules and regulations of such administrative tribunal as
the case may be. A PUBLIC AUTHORITY WITH BRIDGES, TUNNELS OR HIGHWAYS
UNDER ITS JURISDICTION SHALL HAVE THE POWER TO ENTER JUDGMENTS FOR
UNPAID LIABILITIES FOR A VIOLATION OF TOLL COLLECTION REGULATIONS AND
ENFORCE SUCH JUDGMENTS, WITHOUT COURT PROCEEDINGS, IN THE SAME MANNER AS
THE ENFORCEMENT OF MONEY JUDGMENTS IN CIVIL ACTIONS IN ANY COURT OF
COMPETENT JURISDICTION OR ANY OTHER PLACE PROVIDED FOR THE ENTRY OF
CIVIL JUDGMENT WITHIN THE STATE OF NEW YORK.
§ 8. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made on or before such date.
S. 8308 14 A. 8808
PART D
Section 1. Section 1704-a of the vehicle and traffic law is amended by
adding a new subdivision 5 to read as follows:
5. (A) ANY PERSON WHO, IN CONNECTION WITH ANY ELIGIBILITY PROCESS FOR
OR USE OF TOLL CREDITS, DISCOUNTS, OR EXEMPTIONS, KNOWINGLY MAKES A
FALSE STATEMENT OR FALSIFIES OR PERMITS TO BE FALSIFIED ANY RECORD OR
RECORDS FOR THE PURPOSE OF FRAUDULENTLY OBTAINING A CREDIT, DISCOUNT, OR
EXEMPTION FROM A CENTRAL BUSINESS DISTRICT TOLL, SHALL BE GUILTY OF A
CLASS A MISDEMEANOR.
(B) ANY PERSON WHO VIOLATES PARAGRAPH (A) OF THIS SUBDIVISION AND AS A
RESULT RECEIVES CREDITS, DISCOUNTS, AND/OR EXEMPTIONS FROM CENTRAL BUSI-
NESS DISTRICT TOLLS WITH A TOTAL VALUE IN EXCESS OF ONE THOUSAND DOLLARS
SHALL BE GUILTY OF A CLASS E FELONY.
(C) ANY PERSON WHO VIOLATES PARAGRAPH (A) OF THIS SUBDIVISION AND AS A
RESULT RECEIVES CREDITS, DISCOUNTS, AND/OR EXEMPTIONS FROM CENTRAL BUSI-
NESS DISTRICT TOLLS WITH A TOTAL VALUE IN EXCESS OF THREE THOUSAND
DOLLARS SHALL BE GUILTY OF A CLASS D FELONY.
§ 2. The public authorities law is amended by adding a new section
553-1 to read as follows:
§ 553-L. FRAUDULENTLY OBTAINING CREDIT, DISCOUNT, OR EXEMPTION FROM A
TOLL. 1. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, ANY PERSON
WHO, IN CONNECTION WITH ANY ELIGIBILITY PROCESS FOR OR USE OF TOLL CRED-
ITS, DISCOUNTS, OR EXEMPTIONS, KNOWINGLY MAKES A FALSE STATEMENT OR
FALSIFIES OR PERMITS TO BE FALSIFIED ANY RECORD OR RECORDS FOR THE
PURPOSE OF FRAUDULENTLY OBTAINING A CREDIT, DISCOUNT, OR EXEMPTION FROM
A TOLL CHARGED BY THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY SHALL BE
GUILTY OF A CLASS A MISDEMEANOR.
2. ANY PERSON WHO VIOLATES SUBDIVISION ONE OF THIS SECTION AND, AS A
RESULT, RECEIVES CREDITS, DISCOUNTS, AND/OR EXEMPTIONS FROM TOLLS WITH A
TOTAL VALUE IN EXCESS OF ONE THOUSAND DOLLARS SHALL BE GUILTY OF A CLASS
E FELONY.
3. ANY PERSON WHO VIOLATES SUBDIVISION ONE OF THIS SECTION AND, AS A
RESULT, RECEIVES CREDIT, DISCOUNTS, AND/OR EXEMPTIONS FROM TOLLS WITH A
TOTAL VALUE IN EXCESS OF THREE THOUSAND DOLLARS SHALL BE GUILTY OF A
CLASS D FELONY.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such date.
PART E
Section 1. Section 1 of part I of chapter 413 of the laws of 1999,
relating to providing for mass transportation payments, as amended by
section 1 of part E of chapter 58 of the laws of 2022, is amended to
read as follows:
Section 1. Notwithstanding any other law, rule or regulation to the
contrary, payment of mass transportation operating assistance pursuant
to section 18-b of the transportation law shall be subject to the
provisions contained herein and the amounts made available therefor by
appropriation.
In establishing service and usage formulas for distribution of mass
transportation operating assistance, the commissioner of transportation
may combine and/or take into consideration those formulas used to
S. 8308 15 A. 8808
distribute mass transportation operating assistance payments authorized
by separate appropriations in order to facilitate program administration
and to ensure an orderly distribution of such funds.
To improve the predictability in the level of funding for those
systems receiving operating assistance payments under service and usage
formulas, the commissioner of transportation is authorized with the
approval of the director of the budget, to provide service payments
based on service and usage statistics of the preceding year.
In the case of a service payment made, pursuant to section 18-b of the
transportation law, to a regional transportation authority on account of
mass transportation services provided to more than one county (consider-
ing the city of New York to be one county), the respective shares of the
matching payments required to be made by a county to any such authority
shall be as follows:
Percentage
of Matching
Local Jurisdiction Payment
--------------------------------------------
In the Metropolitan Commuter
Transportation District:
New York City ................ 6.40
Dutchess ..................... 1.30
Nassau ....................... 39.60
Orange ....................... 0.50
Putnam ....................... 1.30
Rockland ..................... 0.10
Suffolk ...................... 25.70
Westchester .................. 25.10
In the Capital District Trans-
portation District:
Albany ....................... [55.27] 54.05
Rensselaer ................... [22.96] 22.45
Saratoga ..................... [4.04] 3.95
Schenectady .................. [16.26] 15.90
Montgomery ................... [1.47] 1.44
WARREN ....................... 2.21
In the Central New York Re-
gional Transportation Dis-
trict:
Cayuga ....................... 5.11
Onondaga ..................... 75.83
Oswego ....................... 2.85
Oneida ....................... 16.21
In the Rochester-Genesee Re-
gional Transportation Dis-
trict:
Genesee ...................... 1.36
Livingston ................... .90
Monroe ....................... 90.14
Wayne ........................ .98
Wyoming ...................... .51
Seneca ....................... .64
Orleans ...................... .77
Ontario ...................... 4.69
In the Niagara Frontier Trans-
S. 8308 16 A. 8808
portation District: Erie ......................... 89.20
Niagara ...................... 10.80
Notwithstanding any other inconsistent provisions of section 18-b of
the transportation law or any other law, any moneys provided to a public
benefit corporation constituting a transportation authority or to other
public transportation systems in payment of state operating assistance
or such lesser amount as the authority or public transportation system
shall make application for, shall be paid by the commissioner of trans-
portation to such authority or public transportation system in lieu, and
in full satisfaction, of any amounts which the authority would otherwise
be entitled to receive under section 18-b of the transportation law.
Notwithstanding the reporting date provision of section 17-a of the
transportation law, the reports of each regional transportation authori-
ty and other major public transportation systems receiving mass trans-
portation operating assistance shall be submitted on or before July 15
of each year in the format prescribed by the commissioner of transporta-
tion. Copies of such reports shall also be filed with the chairpersons
of the senate finance committee and the assembly ways and means commit-
tee and the director of the budget. The commissioner of transportation
may withhold future state operating assistance payments to public trans-
portation systems or private operators that do not provide such reports.
Payments may be made in quarterly installments as provided in subdivi-
sion 2 of section 18-b of the transportation law or in such other manner
and at such other times as the commissioner of transportation, with the
approval of the director of the budget, may provide; and where payment
is not made in the manner provided by such subdivision 2, the matching
payments required of any city, county, Indian tribe or intercity bus
company shall be made within 30 days of the payment of state operating
assistance pursuant to this section or on such other basis as may be
agreed upon by the commissioner of transportation, the director of the
budget, and the chief executive officer of such city, county, Indian
tribe or intercity bus company.
The commissioner of transportation shall be required to annually eval-
uate the operating and financial performance of each major public trans-
portation system. Where the commissioner's evaluation process has iden-
tified a problem related to system performance, the commissioner may
request the system to develop plans to address the performance deficien-
cies. The commissioner of transportation may withhold future state oper-
ating assistance payments to public transportation systems or private
operators that do not provide such operating, financial, or other infor-
mation as may be required by the commissioner to conduct the evaluation
process.
Payments shall be made contingent upon compliance with regulations
deemed necessary and appropriate, as prescribed by the commissioner of
transportation and approved by the director of the budget, which shall
promote the economy, efficiency, utility, effectiveness, and coordinated
service delivery of public transportation systems. The chief executive
officer of each public transportation system receiving a payment shall
certify to the commissioner of transportation, in addition to informa-
tion required by section 18-b of the transportation law, such other
information as the commissioner of transportation shall determine is
necessary to determine compliance and carry out the purposes herein.
Counties, municipalities or Indian tribes that propose to allocate
service payments to operators on a basis other than the amount earned by
the service payment formula shall be required to describe the proposed
S. 8308 17 A. 8808
method of distributing governmental operating aid and submit it one
month prior to the start of the operator's fiscal year to the commis-
sioner of transportation in writing for review and approval prior to the
distribution of state aid. The commissioner of transportation shall only
approve alternate distribution methods which are consistent with the
transportation needs of the people to be served and ensure that the
system of private operators does not exceed established maximum service
payment limits. Copies of such approvals shall be submitted to the
chairpersons of the senate finance and assembly ways and means commit-
tees.
Notwithstanding the provisions of subdivision 4 of section 18-b of the
transportation law, the commissioner of transportation is authorized to
continue to use prior quarter statistics to determine current quarter
payment amounts, as initiated in the April to June quarter of 1981. In
the event that actual revenue passengers and actual total number of
vehicle, nautical or car miles are not available for the preceding quar-
ter, estimated statistics may be used as the basis of payment upon
approval by the commissioner of transportation. In such event, the
succeeding payment shall be adjusted to reflect the difference between
the actual and estimated total number of revenue passengers and vehicle,
nautical or car miles used as the basis of the estimated payment. The
chief executive officer may apply for less aid than the system is eligi-
ble to receive. Each quarterly payment shall be attributable to operat-
ing expenses incurred during the quarter in which it is received, unless
otherwise specified by such commissioner. In the event that a public
transportation system ceases to participate in the program, operating
assistance due for the final quarter that service is provided shall be
based upon the actual total number of revenue passengers and the actual
total number of vehicle, nautical or car miles carried during that quar-
ter.
Payments shall be contingent on compliance with audit requirements
determined by the commissioner of transportation.
In the event that an audit of a public transportation system or
private operator receiving funds discloses the existence of an overpay-
ment of state operating assistance, regardless of whether such an over-
payment results from an audit of revenue passengers and the actual
number of revenue vehicle miles statistics, or an audit of private oper-
ators in cases where more than a reasonable return based on equity or
operating revenues and expenses has resulted, the commissioner of trans-
portation, in addition to recovering the amount of state operating
assistance overpaid, shall also recover interest, as defined by the
department of taxation and finance, on the amount of the overpayment.
Notwithstanding any other law, rule or regulation to the contrary,
whenever the commissioner of transportation is notified by the comp-
troller that the amount of revenues available for payment from an
account is less than the total amount of money for which the public mass
transportation systems are eligible pursuant to the provisions of
section 88-a of the state finance law and any appropriations enacted for
these purposes, the commissioner of transportation shall establish a
maximum payment limit which is proportionally lower than the amounts set
forth in appropriations.
Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
of the state finance law and any other general or special law, payments
may be made in quarterly installments or in such other manner and at
such other times as the commissioner of transportation, with the
approval of the director of the budget may prescribe.
S. 8308 18 A. 8808
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024.
PART F
Section 1. Section 5 of chapter 751 of the laws of 2005, amending the
insurance law and the vehicle and traffic law relating to establishing
the accident prevention course internet technology pilot program, as
amended by section 1 of part O of chapter 58 of the laws of 2022, is
amended to read as follows:
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and be deemed repealed April
1, [2024] 2026; provided that any rules and regulations necessary to
implement the provisions of this act on its effective date are author-
ized and directed to be completed on or before such date.
§ 2. This act shall take effect immediately.
PART G
Section 1. Section 13 of part U1 of chapter 62 of the laws of 2003,
amending the vehicle and traffic law and other laws relating to increas-
ing certain motor vehicle transaction fees, as amended by section 1 of
part P of chapter 58 of the laws of 2022, is amended to read as follows:
§ 13. This act shall take effect immediately; provided however that
sections one through seven of this act, the amendments to subdivision 2
of section 205 of the tax law made by section eight of this act, and
section nine of this act shall expire and be deemed repealed on April 1,
[2024] 2026; provided further, however, that the provisions of section
eleven of this act shall take effect April 1, 2004 and shall expire and
be deemed repealed on April 1, [2024] 2026.
§ 2. Section 2 of part B of chapter 84 of the laws of 2002, amending
the state finance law relating to the costs of the department of motor
vehicles, as amended by section 2 of part P of chapter 58 of the laws of
2022, is amended to read as follows:
§ 2. This act shall take effect April 1, 2002; provided, however, if
this act shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after April 1, 2002; provided further, however, that this act shall
expire and be deemed repealed on April 1, [2024] 2026.
§ 3. This act shall take effect immediately.
PART H
Section 1. Subdivision 1 of section 312-a of the vehicle and traffic
law, as amended by chapter 781 of the laws of 1983, is amended to read
as follows:
1. Upon issuance of an owner's policy of liability insurance or other
financial security required by this chapter, an insurer shall issue
proof of insurance in accordance with the regulations promulgated by the
commissioner [pursuant to paragraph (b) of subdivision two of section
three hundred thirteen of this article].
§ 2. The vehicle and traffic law is amended by adding a new section
312-b to read as follows:
§ 312-B. ONLINE INSURANCE VERIFICATION SYSTEM OF MOTOR VEHICLE INSUR-
ANCE. 1. THE COMMISSIONER MAY ESTABLISH A SYSTEM FOR THE ONLINE VERIFI-
CATION OF INSURANCE. INFORMATION AVAILABLE IN THE ONLINE INSURANCE
S. 8308 19 A. 8808
VERIFICATION SYSTEM SHALL BE PROVIDED BY MOTOR VEHICLE INSURERS PURSUANT
TO RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER, IF HE OR SHE
DETERMINES ESTABLISHMENT OF SUCH SYSTEM WOULD FURTHER THE PURPOSES OF
THIS ARTICLE AS SET FORTH IN SUBDIVISION TWO OF SECTION THREE HUNDRED
TEN OF THIS ARTICLE.
2. THE ONLINE INSURANCE VERIFICATION SYSTEM SHALL INCLUDE, AT A MINI-
MUM, THE ABILITY TO:
(A) SEND REQUESTS TO INSURERS FOR VERIFICATION OF EVIDENCE OF INSUR-
ANCE VIA WEB SERVICES, THROUGH THE INTERNET, OR A SIMILAR PROPRIETARY OR
COMMON CARRIER ELECTRONIC SYSTEM, AS WELL AS RECEIVE FROM INSURERS
VERIFICATION OF EVIDENCE OF INSURANCE IN A FORM AND MANNER AS DETERMINED
BY THE COMMISSIONER;
(B) INCLUDE APPROPRIATE PROVISIONS TO SECURE DATA AGAINST UNAUTHORIZED
ACCESS;
(C) BE UTILIZED FOR VERIFICATION OF THE EVIDENCE OF MANDATORY LIABIL-
ITY INSURANCE COVERAGE AS PRESCRIBED BY THE LAWS OF THE STATE AND SHALL
BE ACCESSIBLE TO AUTHORIZED PERSONNEL OF THE DEPARTMENT, THE COURTS, LAW
ENFORCEMENT AND OTHER ENTITIES AUTHORIZED BY THE STATE AS PERMITTED BY
ANY STATE OR FEDERAL PRIVACY LAWS, AND THE ONLINE INSURANCE VERIFICATION
SYSTEM SHALL BE INTERFACED, WHEREVER APPROPRIATE, WITH EXISTING OR
FUTURE STATE SYSTEMS, IN A FORM AND MANNER AS DETERMINED BY THE COMMIS-
SIONER;
(D) INCLUDE INFORMATION WHICH SHALL ENABLE THE DEPARTMENT TO MAKE
INQUIRIES TO INSURERS FOR EVIDENCE OF INSURANCE INCLUDING BUT NOT LIMIT-
ED TO VEHICLE IDENTIFICATION NUMBERS AND POLICY NUMBERS; AND
(E) RESPOND TO EACH REQUEST FOR INSURANCE INFORMATION WITHIN AN AMOUNT
OF TIME DETERMINED BY THE COMMISSIONER.
THE ONLINE INSURANCE VERIFICATION SYSTEM SHALL BE CAPABLE OF RESPOND-
ING WITHIN THE TIME ESTABLISHED.
3. THE COMMISSIONER, IN CONJUNCTION WITH THE SUPERINTENDENT OF STATE
POLICE AND LOCAL LAW ENFORCEMENT OFFICIALS, SHALL FORMULATE A MEANS TO
ALLOW THE ONLINE INSURANCE VERIFICATION SYSTEM TO BE EASILY ACCESSIBLE
TO ON-DUTY LAW ENFORCEMENT PERSONNEL IN THE PERFORMANCE OF THEIR OFFI-
CIAL DUTIES FOR THE PURPOSE OF VERIFYING WHETHER AN OPERATOR OF A MOTOR
VEHICLE MAINTAINS PROPER INSURANCE COVERAGE AND TO INCREASE COMPLIANCE
WITH THE MOTOR VEHICLE FINANCIAL SECURITY LAWS UNDER THIS ARTICLE AND
ARTICLE EIGHT OF THIS TITLE.
4. NOTHING IN THIS SECTION SHALL PROHIBIT THE COMMISSIONER FROM
CONTRACTING WITH A PRIVATE SECTOR PROVIDER OR PROVIDERS TO IMPLEMENT THE
REQUIREMENTS OF THIS SECTION OR TO ASSIST IN ESTABLISHING AND MAINTAIN-
ING SUCH SYSTEM IN THE STATE.
5. IF IMPLEMENTED, THE ONLINE INSURANCE VERIFICATION SYSTEM SHALL
UNDERGO AN APPROPRIATE TESTING AND PILOT PERIOD OF NOT LESS THAN ONE
YEAR, AFTER WHICH THE COMMISSIONER MAY CERTIFY THAT SUCH SYSTEM IS FULLY
OPERATIONAL.
§ 3. The vehicle and traffic law is amended by adding a new section
312-c to read as follows:
§ 312-C. INSURER RESPONSIBILITIES FOR THE ONLINE INSURANCE VERIFICA-
TION SYSTEM. 1. INSURERS SHALL PROVIDE ACCESS TO MOTOR VEHICLE INSUR-
ANCE POLICY STATUS INFORMATION AS PROVIDED BY, AND CONSISTENT WITH ANY
TIME FRAMES ESTABLISHED BY, ANY RULES AND REGULATIONS PROMULGATED BY THE
COMMISSIONER.
2. EVERY INSURER THAT IS LICENSED TO ISSUE MOTOR VEHICLE INSURANCE
POLICIES OR IS AUTHORIZED TO DO BUSINESS IN THE STATE SHALL COMPLY WITH
THIS SECTION AND SECTION THREE HUNDRED TWELVE-B OF THIS ARTICLE FOR
VERIFICATION OF EVIDENCE OF VEHICLE INSURANCE FOR EVERY VEHICLE INSURED
S. 8308 20 A. 8808
BY THAT INSURER IN THE STATE AS REQUIRED BY THE RULES AND REGULATIONS
PROMULGATED BY THE COMMISSIONER.
§ 4. Subdivision 2 and paragraphs (a), (b), (c), (d), (f), (g), (h),
and (i) of subdivision 4 of section 313 of the vehicle and traffic law
are REPEALED.
§ 5. The opening paragraph and paragraph (e) of subdivision 4 of
section 313 of the vehicle and traffic law, as amended by chapter 509 of
the laws of 1998, are amended to read as follows:
Notwithstanding any other provision of this article to the contrary,
the commissioner shall establish a pilot program to maintain an up-to-
date insured vehicle identification database to assist in identifying
uninsured motor vehicles. Such databases shall be implemented by the
department pursuant to standards prescribed by the commissioner or an
agent designated by the commissioner which shall seek technical assist-
ance from affected insurers and the New York Automobile Insurance Plan.
This program shall utilize all information collected pursuant to this
section and shall also include the following elements:
[(e)(1)] (A) Either simultaneously or after the up-dated database
system has been established, the commissioner shall develop a computer
indicator that can be imprinted on a vehicle registration sticker or on
a sticker to be affixed to the insured's license plate. Such indicator
system shall enable law enforcement personnel and other authorized
persons when acting in the course of their official duties to access the
department's database so that such persons can ascertain whether a vehi-
cle is properly insured or not insured;
[(2)] (B) Such computer indicator system shall enable authorized
persons in the performance of their official duties to access informa-
tion such as the registrant's name, vehicle identification number, name
of insurer, current status of insurance, vehicle registration number and
other information that the commissioner deems necessary to implement the
provisions of this section. The commissioner in developing such computer
indicator system shall enable authorized persons in the performance of
their official duties to access only such information that is necessary
to detect uninsured motor vehicles or accomplish other goals clearly
established and authorized by law. Such computer indicator system shall
be designed to protect the personal privacy interests of motorists;
§ 6. Subdivision 3 of section 313 of the vehicle and traffic law, as
amended by chapter 781 of the laws of 1983, is amended to read as
follows:
3. A cancellation or termination for which notice is required to be
filed with the commissioner [pursuant to subdivision two of this
section] shall not be effective with respect to persons other than the
named insured and members of the insured's household until the insurer
has filed a notice thereof with the commissioner or until another insur-
ance policy covering the same risk has been procured, except that a
notice filed with the commissioner, in the format prescribed by the
commissioner[, within the period prescribed in subdivision two of this
section] shall be effective as of the date certified therein, regardless
of whether a suspension order is issued pursuant to section three
hundred eighteen of this article. A receipt from the department stating
that a notice of termination has been filed shall be deemed conclusive
evidence of such filing. An insurer shall cooperate with the commission-
er in attempting to identify persons not in compliance with this article
in cases where the information reported by the insurer does not corre-
spond with records maintained by the department.
S. 8308 21 A. 8808
§ 7. Paragraph (d) of subdivision 3 of section 317 of the vehicle and
traffic law is REPEALED.
§ 8. This act shall take effect immediately; provided, however,
sections one and two of this act shall take effect if and when the
online insurance verification system is installed and fully operational
pursuant to subdivision 5 of section 312-b of the vehicle and traffic
law, as added by section three of this act, as certified by the Commis-
sioner of the Department of Motor Vehicles. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such date.
PART I
Section 1. Paragraphs 26 and 27 of subdivision (a) of section 1642 of
the vehicle and traffic law, paragraph 26 as added and paragraph 27 as
amended by chapter 248 of the laws of 2014, are amended to read as
follows:
26. (a) With respect to highways (which term for the purposes of this
paragraph shall include private roads open to public motor vehicle traf-
fic) in such city, other than state highways maintained by the state on
which the department of transportation shall have established higher or
lower speed limits than the statutory fifty-five miles per hour speed
limit as provided in section sixteen hundred twenty of this title, or on
which the department of transportation shall have designated that such
city shall not establish any maximum speed limit as provided in section
sixteen hundred twenty-four of this title, subject to the limitations
imposed by section sixteen hundred eighty-four of this title, establish-
ment of maximum speed limits at which vehicles may proceed within such
city or within designated areas of such city higher or lower than the
fifty-five miles per hour maximum statutory limit. No such speed limit
applicable throughout such city or within designated areas of such city
shall be established at less than [twenty-five] TWENTY miles per hour,
except that school speed limits may be established at no less than
[fifteen] TEN miles per hour [pursuant to] NOTWITHSTANDING the
provisions of section sixteen hundred forty-three of this article.
(b) A city shall not lower OR RAISE a speed limit by more than five
miles per hour pursuant to this paragraph unless such city provides
written notice and an opportunity to comment to the community board or
community boards established pursuant to section twenty-eight hundred of
the New York city charter with jurisdiction over the area in which the
lower OR HIGHER speed limit shall apply. Such notice may be provided by
electronic mail and shall be provided sixty days prior to the establish-
ment of such lower OR HIGHER speed limit.
27. (a) Establishment of maximum speed limits below [twenty-five]
TWENTY miles per hour at which motor vehicles may proceed on or along
designated highways within such city for the explicit purpose of imple-
menting traffic calming measures as such term is defined herein;
provided, however, that no speed limit shall be set below [fifteen] TEN
miles per hour nor shall such speed limit be established where the traf-
fic calming measure to be implemented consists solely of a traffic
control sign. Establishment of such a speed limit shall, where applica-
ble, be in compliance with the provisions of sections sixteen hundred
twenty-four and sixteen hundred eighty-four of this [chapter] TITLE.
Nothing contained herein shall be deemed to alter or affect the estab-
lishment of school speed limits pursuant to the provisions of section
S. 8308 22 A. 8808
sixteen hundred forty-three of this article, PROVIDED THAT THE SCHOOL
SPEED LIMIT SET FORTH IN PARAGRAPH TWENTY-SIX OF THIS SUBDIVISION SHALL
APPLY IN ANY CITY TO WHICH THIS SECTION IS APPLICABLE. For the purposes
of this paragraph, "traffic calming measures" shall mean any physical
engineering measure or measures that reduce the negative effects of
motor vehicle use, alter driver behavior and improve conditions for
non-motorized street users such as pedestrians and bicyclists.
(b) Any city establishing maximum speed limits below [twenty-five]
TWENTY miles per hour pursuant to clause (i) of this subparagraph shall
submit a report to the governor, the temporary president of the senate
and the speaker of the assembly on or before March first, two thousand
fifteen and biannually thereafter on the results of using traffic calm-
ing measures and speed limits lower than [twenty-five] TWENTY miles per
hour as authorized by this paragraph. This report shall also be made
available to the public by such city on its website. Such report shall
include, but not be limited to the following:
(i) a description of the designated highways where traffic calming
measures and a lower speed limit were established [and];
(ii) a description of the specific traffic calming measures used and
the maximum speed limit established; and
(iii) a comparison of the aggregate type, number, and severity of
accidents reported on streets on which street calming measures and lower
speed limits were implemented in the year preceding the implementation
of such measures and policies and the year following the implementation
of such measures and policies, to the extent this information is main-
tained by any agency of the state or the city.
§ 2. This act shall take effect immediately.
PART J
Section 1. Section 3 of part FF of chapter 55 of the laws of 2017,
relating to motor vehicles equipped with autonomous vehicle technology,
as amended by section 1 of part J of chapter 58 of the laws of 2023, is
amended to read as follows:
§ 3. This act shall take effect April 1, 2017; provided, however, that
section one of this act shall expire and be deemed repealed April 1,
[2024] 2026.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024.
PART K
Section 1. Short title. This act shall be known and may be cited as
the "stretch limousine passenger safety act".
§ 2. Subdivision 9 of section 138 of the transportation law, as
amended by chapter 12 of the laws of 2020, is amended to read as
follows:
9. To maintain and annually update its website to provide information
with regard to each bus operator or motor carrier under subparagraphs
(ii) and (vi) of paragraph a of subdivision two of section one hundred
forty of this article requiring department operating authority that
includes the bus operator's or motor carrier's name, number of
inspections, number of out of service orders, operator identification
number, location and region of operation including place of address,
percentile to which an operator or motor carrier falls with respect to
out of service defects, the number or percentage of out of service
S. 8308 23 A. 8808
defects where pursuant to the commissioner's regulations no inspection
certificate shall be issued until the defect is repaired and a re-in-
spection is conducted, and the number of serious physical injury or
fatal crashes involving a for-hire vehicle requiring operating authority
pursuant to this article, AND ANY ADDITIONAL PUBLICLY AVAILABLE INFORMA-
TION PROVIDED IN ACCORDANCE WITH THE SAFETY FITNESS STANDARDS ESTAB-
LISHED PURSUANT TO PART THREE HUNDRED EIGHTY-FIVE OF TITLE FORTY-NINE OF
THE CODE OF FEDERAL REGULATIONS.
§ 3. Subparagraph (iii) of paragraph (b) of subdivision 10 of section
138 of the transportation law, as added by chapter 5 of the laws of
2020, is amended to read as follows:
(iii) In consultation and cooperation with the commissioner of motor
vehicles, the commissioner shall report on safety issues reported to
such website, and toll-free hotline and related investigations summariz-
ing (A) the total number of safety issue reports received and the type
of safety issues reported; (B) the total number of safety issue reports
received and the type of safety issues reported where the commissioner
or the commissioner of motor vehicles, as applicable, verified the
information provided; (C) enforcement actions and other responses taken
by the commissioner or the commissioner of motor vehicles, as applica-
ble, to safety issue reports received where the commissioner or the
commissioner of motor vehicles, as applicable, has verified such infor-
mation; and (D) the length of time between the receipt of safety issue
reports from such website, or hotline and enforcement action or other
response by the commissioner or the commissioner of motor vehicles, as
applicable. Such report shall be made publicly available on the depart-
ment's website in a searchable format, [and] shall be published no less
than once annually, AND SHALL COMPARE THE PREVIOUS THREE YEARS OF REPORT
DATA TO THE EXTENT APPLICABLE. Such report may also be included within
the department's annual report submitted pursuant to subdivision thir-
teen of section fourteen of this chapter.
§ 4. Paragraph b of subdivision 9 of section 140 of the transporta-
tion law, as amended by chapter 9 of the laws of 2020, is amended to
read as follows:
b. (i) Whenever [an altered motor vehicle commonly referred to as a
"stretch limousine"] ONE OF THE MOTOR VEHICLES ENUMERATED IN PARAGRAPH A
OF SUBDIVISION TWO OF THIS SECTION has failed an inspection and been
placed out-of-service, the commissioner may direct a police officer or
his or her agent to immediately secure possession of the number plates
of such vehicle and return the same to the commissioner of motor vehi-
cles. The commissioner shall notify the commissioner of motor vehicles
to that effect, and the commissioner of motor vehicles shall thereupon
suspend the registration of such vehicle until such time as the commis-
sioner gives notice that the out-of-service defect has been satisfac-
torily adjusted. Provided, however, that the commissioner shall give
notice and an opportunity to be heard within not more than thirty days
of the suspension. Failure of the holder or of any person possessing
such plates to deliver to the commissioner or his or her agent who
requests the same pursuant to this paragraph shall be a misdemeanor. The
commissioner of motor vehicles shall have the authority to deny a regis-
tration or renewal application to any other person for the same vehicle
where it has been determined that such registrant's intent has been to
evade the purposes of this paragraph and where the commissioner of motor
vehicles has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this para-
graph. The procedure on any such suspension shall be the same as in the
S. 8308 24 A. 8808
case of a suspension under the vehicle and traffic law. Operation of
such motor vehicle while under suspension as provided in this subdivi-
sion shall constitute a class A misdemeanor AND SHALL BE PUNISHABLE BY A
FINE OF NOT LESS THAN TEN THOUSAND DOLLARS AND ASSESSED TO THE HOLDER OR
OF ANY PERSON POSSESSING SUCH PLATES FOR EACH OFFENSE COMMITTED, IN
ADDITION TO ANY OTHER FINES, PENALTIES OR ACTIONS TAKEN WITH RESPECT TO
SUCH CONDUCT.
(ii) (a) Upon the seizure of number plates pursuant to subparagraph
(i) of this paragraph, if the out-of-service defect is of a type where
pursuant to the commissioner's regulations no inspection certificate
will be issued until the defect is repaired and a re-inspection is
conducted, or is related to its horn, and the commissioner determines
that allowing the [altered] motor vehicle to leave the inspection area
would be contrary to public safety, the commissioner may: (A) remove or
arrange for the removal of, or may direct any police officer to remove
or arrange for the removal of, the [altered] motor vehicle to a non-
public garage or other place of safety where it shall remain impounded,
subject to the provisions of this section; or (B) immobilize or arrange
for the immobilization of the [altered] motor vehicle on premises owned
or under the control of the owner of such [altered] motor vehicle,
subject to the provisions of this section. The [altered] motor vehicle
shall be entered into the New York statewide police information network
as an impounded or immobilized vehicle and the commissioner shall
promptly notify the owner that the [altered] motor vehicle has been
impounded or immobilized and the reason or reasons for such impoundment
or immobilization, and give such owner an opportunity to be heard within
not more than thirty days of the suspension imposed pursuant to subpara-
graph (i) of this paragraph.
(b) A motor vehicle so impounded or immobilized shall be in the custo-
dy of the commissioner and shall not be released unless the commissioner
is satisfied that repairs have been scheduled or been made to satisfac-
torily adjust such vehicle's out-of-service defect or defects and such
vehicle has been re-inspected.
(c) The commissioner shall provide written notice to the owner or
operator of the service repair shop or impoundment lot informing them
that such impounded vehicle shall not be released without the written
approval of the commissioner. Release of such impounded vehicle without
approval by the commissioner shall be punishable by a fine of up to ten
thousand dollars[;].
§ 5. Section 375 of the vehicle and traffic law is amended by adding a
new subdivision 55 to read as follows:
55. STRETCH LIMOUSINE ANTI-INTRUSION PROTECTION. (A) EVERY STRETCH
LIMOUSINE REGISTERED IN THIS STATE SHALL BE EQUIPPED WITH ROLL-OVER
PROTECTION DEVICES SUCH AS CAGES OR PILLARS AND ANTI-INTRUSION BARS FOR
THE PURPOSE OF PROTECTING REAR COMPARTMENT PASSENGERS, WITHIN NO LATER
THAN ONE YEAR OF THE DATE UPON WHICH THE NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION PROMULGATES FINAL REGULATIONS ESTABLISHING STANDARDS FOR
COMMERCIAL ROLL-OVER PROTECTION DEVICES.
(B) FOR THE PURPOSES OF THIS SUBDIVISION "STRETCH LIMOUSINE" SHALL
MEAN AN ALTERED MOTOR VEHICLE HAVING A SEATING CAPACITY OF NINE OR MORE
PASSENGERS, INCLUDING THE DRIVER, COMMONLY REFERRED TO AS A "STRETCH
LIMOUSINE" AND WHICH IS USED IN THE BUSINESS OF TRANSPORTING PASSENGERS
FOR COMPENSATION.
§ 6. Subdivision 2 of section 152 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
S. 8308 25 A. 8808
2. (A) No person or persons shall engage in intrastate transportation
as a contract carrier of passengers by motor vehicle on any highway in
this state, or hold themselves out by advertising or any other means to
provide such transportation, unless there is in force with respect to
such person or persons a permit issued by the commissioner.
(B) NO SUCH PERMIT SHALL BE ISSUED BY THE COMMISSIONER TO ANY SUCH
PERSON OR PERSONS WHO OPERATE ONE OR MORE STRETCH LIMOUSINES WITHOUT
VERIFICATION THAT EACH AND EVERY STRETCH LIMOUSINE IS EQUIPPED WITH A
WINDOW BREAK TOOL, AN OPERATIONAL FIRE EXTINGUISHER, AND SHALL ENSURE
THAT THE DRIVER AND PASSENGER PARTITIONS CAN BE USED FOR EMERGENCY
VEHICULAR EGRESS IF OTHER FORMS OF EGRESS ARE NOT AVAILABLE SUCH AS A
ROOF HATCH.
(C) FOR THE PURPOSES OF THIS SUBDIVISION:
(I) "STRETCH LIMOUSINE" SHALL MEAN AN ALTERED MOTOR VEHICLE HAVING A
SEATING CAPACITY OF NINE OR MORE PASSENGERS, INCLUDING THE DRIVER,
COMMONLY REFERRED TO AS A "STRETCH LIMOUSINE" AND WHICH IS USED IN THE
BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION; AND
(II) "WINDOW BREAK TOOL" SHALL MEAN A TOOL THAT CAN BE USED TO OPEN
THE WINDOWS OF A STRETCH LIMOUSINE IN THE EVENT OF AN EMERGENCY, WHICH
CAN BE SAFELY STORED WHEN NOT IN USE.
§ 7. Section 375 of the vehicle and traffic law is amended by adding a
new subdivision 56 to read as follows:
56. STRETCH LIMOUSINE AGE AND MILEAGE PARAMETERS. (A) IT SHALL BE
UNLAWFUL TO OPERATE OR CAUSE TO BE OPERATED A STRETCH LIMOUSINE REGIS-
TERED IN THIS STATE ON ANY PUBLIC HIGHWAY OR PRIVATE ROAD OPEN TO PUBLIC
MOTOR VEHICLE TRAFFIC IF THE VEHICLE IS MORE THAN TEN YEARS OLD OR THE
CUMULATIVE MILEAGE REGISTERED ON THE VEHICLE'S ODOMETER EXCEEDS THREE
HUNDRED FIFTY THOUSAND MILES, WHICHEVER OCCURS FIRST.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, "STRETCH LIMOUSINE" SHALL
MEAN AN ALTERED MOTOR VEHICLE HAVING A SEATING CAPACITY OF NINE OR MORE
PASSENGERS, INCLUDING THE DRIVER, COMMONLY REFERRED TO AS A "STRETCH
LIMOUSINE" AND WHICH IS USED IN THE BUSINESS OF TRANSPORTING PASSENGERS
FOR COMPENSATION.
(C) (I) A STRETCH LIMOUSINE WITH AN ODOMETER READING THAT DIFFERS FROM
THE NUMBER OF MILES THE STRETCH LIMOUSINE HAS ACTUALLY TRAVELED OR THAT
HAS HAD A PRIOR HISTORY INVOLVING THE DISCONNECTION OR MALFUNCTIONING OF
AN ODOMETER OR WHICH APPEARS TO THE COMMISSIONER TO HAVE AN INACCURATE
ODOMETER READING BASED ON PRIOR INSPECTION RECORDS, WILL BE ASSIGNED AN
IMPUTED MILEAGE FOR EACH MONTH FROM THE LAST RELIABLE ODOMETER RECORDING
THROUGH THE DATE OF INSPECTION, AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH. A MOTOR CARRIER MAY SEEK REVIEW OF THE DETERMINATION TO
ASSIGN IMPUTED MILEAGE AS PROVIDED PURSUANT TO ARTICLE SIX OF THE TRANS-
PORTATION LAW AND 17 NYCRR PARTS 500 AND 720.
(II) THE IMPUTED MILEAGE SHALL BE CALCULATED BY ADDING THE MILEAGE OF
THE STRETCH LIMOUSINE RECORDED AT THE TWO MOST RECENT STRETCH LIMOUSINE
INSPECTIONS, INCLUDING ROADSIDE INSPECTIONS CONDUCTED BY THE COMMISSION-
ER OF TRANSPORTATION OR DIVISION OF STATE POLICE, WHICHEVER IS MORE
RECENT, AND DIVIDING THAT SUM BY TWENTY-FOUR. THE QUOTIENT IS THE IMPUT-
ED MONTHLY MILEAGE.
(III) UNLESS OTHERWISE PROVIDED BY THE COMMISSIONER OF TRANSPORTATION,
A STRETCH LIMOUSINE MAY NOT BE INTRODUCED TO TRANSPORT PASSENGERS FOR
COMPENSATION OR CONTINUE TRANSPORTING PASSENGERS FOR COMPENSATION IF A
RELIABLE BASELINE ODOMETER READING CANNOT BE ASCERTAINED.
(IV) A MOTOR CARRIER OR OPERATOR WHO KNOWS OR HAS REASON TO BELIEVE
THAT THE ODOMETER READING OF A LIMOUSINE DIFFERS FROM THE NUMBER OF
MILES THE STRETCH LIMOUSINE HAS ACTUALLY TRAVELED SHALL DISCLOSE THAT
S. 8308 26 A. 8808
STATUS TO THE COMMISSIONER OR THE DEPARTMENT OF TRANSPORTATION IMME-
DIATELY.
§ 8. Section 509-g of the vehicle and traffic law is amended by adding
a new subdivision 7 to read as follows:
7. IN ADDITION TO ANY OTHER PROVISIONS OF THIS SECTION, IN THE EVENT
THE COMMISSIONER REQUIRES THE PROVISION OF LIVE IN-PERSON PRE-TRIP SAFE-
TY BRIEFINGS, ALL MOTOR CARRIERS SHALL REGULARLY REQUIRE EACH DRIVER WHO
OPERATES ALTERED MOTOR VEHICLES COMMONLY REFERRED TO AS "STRETCH LIMOU-
SINES" TO DEMONSTRATE THEIR PROFICIENCY IN PROVIDING PRE-TRIP SAFETY
BRIEFINGS REQUIRED PURSUANT TO SUBDIVISION NINE OF SECTION FIVE HUNDRED
NINE-M OF THIS ARTICLE.
§ 9. Section 509-m of the vehicle and traffic law is amended by adding
a new subdivision 9 to read as follows:
9. (A) ESTABLISH AND REGULARLY UPDATE THE FORM AND CONTENT OF A PRE-
TRIP SAFETY BRIEFING FOR MOTOR CARRIERS THAT OPERATE ALTERED MOTOR VEHI-
CLES COMMONLY REFERRED TO AS "STRETCH LIMOUSINES", WHICH OPERATORS SHALL
PROVIDE TO PASSENGERS PRIOR TO TRANSPORTING ANY PERSONS FOR HIRE IN SUCH
STRETCH LIMOUSINE.
(B) THE COMMISSIONER SHALL COORDINATE WITH THE DEPARTMENT OF TRANSPOR-
TATION AND THE DIVISION OF STATE POLICE IN PREPARING THE FORM AND
CONTENT OF SUCH SAFETY BRIEFING, AND MAY ENGAGE ADDITIONAL ENTITIES OR
INDIVIDUALS HE OR SHE DEEMS APPROPRIATE.
§ 10. Section 401 of the vehicle and traffic law is amended by adding
a new subdivision 24 to read as follows:
24. FOR THE PURPOSES OF THIS SECTION, AN ALTERED VEHICLE, COMMONLY
REFERRED TO AS "STRETCH LIMOUSINES", SHALL MEAN A MOTOR VEHICLE THAT HAS
BEEN ALTERED SO AS TO HAVE AN EXTENDED CHASSIS, A LENGTHENED WHEELBASE,
OR AN ELONGATED SEATING AREA. REGISTRATION PLATES FOR SUCH VEHICLES
SHALL BE OF A TYPE AND DESIGN APPROVED BY THE COMMISSIONER.
§ 11. The vehicle and traffic law is amended by adding a new section
397-d to read as follows:
§ 397-D. FOR-HIRE REBUTTABLE PRESUMPTION. FOR THE PURPOSES OF THIS
TITLE AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THERE SHALL BE A
REBUTTABLE PRESUMPTION THAT ANY ALTERED VEHICLE, COMMONLY REFERRED TO AS
A "STRETCH LIMOUSINE", AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION
FOUR HUNDRED ONE OF THIS CHAPTER, ANY LIMOUSINE, OR ANY MOTOR VEHICLE
THAT IS CAPABLE OF SEATING NINE OR MORE PERSONS INCLUDING THE DRIVER
WHEN IN USE UPON A PUBLIC HIGHWAY, PRIVATE ROAD OPEN TO PUBLIC MOTOR
VEHICLE TRAFFIC, OR ANY PARKING LOT, IS BEING OPERATED IN A FOR-HIRE
CAPACITY.
§ 12. The vehicle and traffic law is amended by adding two new
sections 115-e and 115-f to read as follows:
§ 115-E. FOR-HIRE. THE BUSINESS OF CARRYING OR TRANSPORTING PASSENGERS
FOR DIRECT OR INDIRECT COMPENSATION, EXCEPT THAT SUCH TERM SHALL NOT
APPLY TO ARTICLE FORTY-FOUR-B OF THIS CHAPTER.
§ 115-F. FOR-HIRE VEHICLE. A MOTOR VEHICLE USED IN THE BUSINESS OF
CARRYING OR TRANSPORTING PASSENGERS FOR DIRECT OR INDIRECT COMPENSATION,
EXCEPT THAT SUCH TERM SHALL NOT APPLY TO ARTICLE FORTY-FOUR-B OF THIS
CHAPTER.
§ 13. Severability. If any clause, sentence, subdivision, paragraph,
section or part of this act be adjudged by any court of competent juris-
diction to be invalid, or if any federal agency determines in writing
that this act would render New York state ineligible for the receipt of
federal funds, such judgment or written determination shall not affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, subdivision, paragraph, section or
S. 8308 27 A. 8808
part thereof directly involved in the controversy in which such judgment
or written determination shall have been rendered.
§ 14. This act shall take effect immediately; provided, however,
sections two, three, four, eight, nine, eleven, and twelve of this act
shall take effect one year after it shall have become a law; provided
further, however, sections seven and ten of this act shall take effect
two years after it shall have become a law; provided further, however,
section six of this act shall take effect on the one hundred eightieth
day after it shall have become a law; provided further, however, that
sections four, five and six of this act shall be deemed repealed if any
federal agency determines in writing that this act would render New York
state ineligible for the receipt of federal funds or any court of compe-
tent jurisdiction finally determines that this act would render New York
state out of compliance with federal law or regulation; provided that
the commissioner of motor vehicles or the commissioner of transportation
shall notify the legislative bill drafting commission upon the occur-
rence of any federal agency determining in writing that this act would
render New York state ineligible for the receipt of federal funds or any
court of competent jurisdiction finally determines that this act would
render New York state out of compliance with federal law or regulation
in order that the commission may maintain an accurate and timely effec-
tive data base of the official text of the laws of the state of New York
in furtherance of effectuating the provisions of section 44 of the
legislative law and section 70-b of the public officers law. Effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.
PART L
Section 1. Chapter 882 of the laws of 1953 relating to waterfront
employment and air freight industry regulation is REPEALED.
§ 2. The executive law is amended by adding a new article 19-I to read
as follows:
ARTICLE 19-I
WATERFRONT COMMISSION ACT
SECTION 534. SHORT TITLE.
534-A. LEGISLATIVE FINDINGS AND DECLARATIONS.
534-B. DEFINITIONS.
534-C. NEW YORK WATERFRONT COMMISSION ESTABLISHED.
534-D. GENERAL POWERS OF THE COMMISSION.
534-E. DESIGNATION AS AGENT OF THE STATE.
534-F. PIER SUPERINTENDENTS AND HIRING AGENTS.
534-G. STEVEDORES.
534-H. PROHIBITION OF PUBLIC LOADING.
534-I. LONGSHOREMEN'S REGISTER.
534-J. LIST OF QUALIFIED LONGSHOREMEN FOR EMPLOYMENT AS CHECK-
ERS.
534-K. REGULARIZATION OF LONGSHOREMEN'S EMPLOYMENT.
534-L. SUSPENSION OR ACCEPTANCE OF APPLICATIONS FOR INCLUSION IN
THE LONGSHOREMEN'S REGISTER; EXCEPTIONS.
534-M. PORT WATCHMEN.
534-N. HEARINGS, DETERMINATIONS AND REVIEW.
534-O. EMPLOYMENT INFORMATION CENTERS.
S. 8308 28 A. 8808
534-P. IMPLEMENTATION OF TELECOMMUNICATIONS HIRING SYSTEM FOR
LONGSHOREMEN AND CHECKERS; REGISTRATION OF TELECOMMU-
NICATIONS SYSTEM CONTROLLER.
534-Q. CONSTRUCTION OF ACT.
534-R. CERTAIN SOLICITATIONS PROHIBITED; PROHIBITION AGAINST THE
HOLDING OF UNION POSITION BY OFFICERS, AGENTS OR
EMPLOYEES WHO HAVE BEEN CONVICTED OF CERTAIN CRIMES
AND OFFENSES.
534-S. GENERAL VIOLATIONS; PROSECUTIONS; PENALTIES.
534-T. DENIAL OF APPLICATIONS.
534-U. REVOCATION OF LICENSES AND REGISTRATIONS.
534-V. REFUSAL TO ANSWER QUESTION, IMMUNITY; PROSECUTION.
534-W. ANNUAL PREPARATION OF A BUDGET REQUEST AND ASSESSMENTS.
534-X. PAYMENT OF ASSESSMENT.
534-Y. TRANSFER OF OFFICERS, EMPLOYEES.
§ 534. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "WATERFRONT COMMISSION ACT".
§ 534-A. LEGISLATIVE FINDINGS AND DECLARATIONS. 1. THE STATE OF NEW
YORK HEREBY FINDS AND DECLARES THAT:
(A) IN 1953, THE CONDITIONS UNDER WHICH WATERFRONT LABOR WAS EMPLOYED
WITHIN THE PORT OF NEW YORK DISTRICT WERE DEPRESSING AND DEGRADING TO
SUCH LABOR, RESULTING FROM THE LACK OF ANY SYSTEMATIC METHOD OF HIRING,
THE LACK OF ADEQUATE INFORMATION AS TO THE AVAILABILITY OF EMPLOYMENT,
CORRUPT HIRING PRACTICES AND THE FACT THAT PERSONS CONDUCTING SUCH
HIRING WERE FREQUENTLY CRIMINALS AND PERSONS NOTORIOUSLY LACKING IN
MORAL CHARACTER AND INTEGRITY AND NEITHER RESPONSIVE OR RESPONSIBLE TO
THE EMPLOYERS NOR TO THE UNCOERCED WILL OF THE MAJORITY OF THE MEMBERS
OF THE LABOR ORGANIZATIONS OF THE EMPLOYEES; THAT AS A RESULT WATERFRONT
LABORERS SUFFERED FROM IRREGULARITY OF EMPLOYMENT, FEAR AND INSECURITY,
INADEQUATE EARNINGS, AN UNDULY HIGH ACCIDENT RATE, SUBJECTION TO BORROW-
ING AT USURIOUS RATES OF INTEREST, EXPLOITATION AND EXTORTION AS THE
PRICE OF SECURING EMPLOYMENT AND A LOSS OF RESPECT FOR THE LAW; THAT NOT
ONLY DID THERE RESULT A DESTRUCTION OF THE DIGNITY OF AN IMPORTANT
SEGMENT OF AMERICAN LABOR, BUT A DIRECT ENCOURAGEMENT OF CRIME WHICH
IMPOSED A LEVY OF GREATLY INCREASED COSTS ON FOOD, FUEL AND OTHER NECES-
SARIES HANDLED IN AND THROUGH THE PORT OF NEW YORK DISTRICT.
(B) MANY OF THESE EVILS RESULTED NOT ONLY FROM THE CAUSES ABOVE
DESCRIBED BUT FROM THE PRACTICES OF PUBLIC LOADERS AT PIERS AND OTHER
WATERFRONT TERMINALS. SUCH PUBLIC LOADERS SERVED NO VALID ECONOMIC
PURPOSE AND OPERATED AS PARASITES EXACTING A HIGH AND UNWARRANTED TOLL
ON THE FLOW OF COMMERCE IN AND THROUGH THE PORT OF NEW YORK DISTRICT,
AND USED FORCE AND ENGAGED IN DISCRIMINATORY AND COERCIVE PRACTICES
INCLUDING EXTORTION AGAINST PERSONS NOT DESIRING TO EMPLOY THEM. THE
STATES OF NEW YORK AND NEW JERSEY FOUND THAT THE FUNCTION OF LOADING AND
UNLOADING TRUCKS AND OTHER LAND VEHICLES AT PIERS AND OTHER WATERFRONT
TERMINALS SHOULD BE PERFORMED, AS IN EVERY OTHER MAJOR AMERICAN PORT,
WITHOUT THE EVILS AND ABUSES OF THE PUBLIC LOADER SYSTEM, AND BY THE
CARRIERS OF FREIGHT BY WATER, STEVEDORES AND OPERATORS OF SUCH PIERS AND
OTHER WATERFRONT TERMINALS OR THE OPERATORS OF SUCH TRUCKS OR OTHER LAND
VEHICLES.
(C) MANY OF THE ABOVE DESCRIBED EVILS ALSO RESULTED FROM THE LACK OF
REGULATION OF THE OCCUPATION OF STEVEDORES, WHO ENGAGED IN CORRUPT PRAC-
TICES TO INDUCE THEIR HIRE BY CARRIERS OF FREIGHT BY WATER AND TO INDUCE
OFFICERS AND REPRESENTATIVES OF LABOR ORGANIZATIONS TO BETRAY THEIR
TRUST TO THE MEMBERS OF SUCH LABOR ORGANIZATIONS.
S. 8308 29 A. 8808
(D) THE METHOD OF EMPLOYMENT OF LONGSHOREMEN AND PORT WATCHMEN,
COMMONLY KNOWN AS THE "SHAPE-UP", RESULTED IN VICIOUS AND NOTORIOUS
ABUSES, OF WHICH SUCH EMPLOYEES WERE THE PRINCIPAL VICTIMS. THERE WAS
COMPELLING EVIDENCE THAT THE SHAPE-UP PERMITTED AND ENCOURAGED EXTORTION
FROM EMPLOYEES AS THE PRICE OF SECURING OR RETAINING EMPLOYMENT AND
SUBJECTED SUCH EMPLOYEES TO THREATS OF VIOLENCE, UNWILLING JOINDER IN
UNAUTHORIZED LABOR DISTURBANCES AND CRIMINAL ACTIVITIES ON THE WATER-
FRONT. THE SHAPE-UP RESULTED IN A LOSS OF FUNDAMENTAL RIGHTS AND LIBER-
TIES OF LABOR, IMPAIRED THE ECONOMIC STABILITY OF THE PORT OF NEW YORK
DISTRICT AND WEAKENED LAW ENFORCEMENT THEREIN. THE STATES OF NEW YORK
AND NEW JERSEY FOUND THAT THESE PRACTICES AND CONDITIONS MUST BE ELIMI-
NATED TO PREVENT GRAVE INJURY TO THE WELFARE OF WATERFRONT LABORERS AND
OF THE PEOPLE AT LARGE AND THAT THE ELIMINATION OF THE SHAPE-UP AND THE
ESTABLISHMENT OF A SYSTEM OF EMPLOYMENT INFORMATION CENTERS WERE NECES-
SARY TO A SOLUTION FOR THESE PUBLIC PROBLEMS.
(E) THE TWO STATES FOUND THAT THE OCCUPATIONS OF LONGSHOREMEN, STEVE-
DORES, PIER SUPERINTENDENTS, HIRING AGENTS AND PORT WATCHMEN WERE
AFFECTED WITH A PUBLIC INTEREST REQUIRING THEIR REGULATION AND THAT SUCH
REGULATION WAS DEEMED AN EXERCISE OF THE POLICE POWER OF THE TWO STATES
FOR THE PROTECTION OF THE PUBLIC SAFETY, WELFARE, PROSPERITY, HEALTH,
PEACE AND LIVING CONDITIONS OF THE PEOPLE OF THE TWO STATES. THE WATER-
FRONT COMMISSION OF NEW YORK HARBOR ("BI-STATE COMMISSION") WAS FORMED
THROUGH A CONGRESSIONALLY APPROVED COMPACT TO INVESTIGATE, DETER, COMBAT
AND REMEDY CRIMINAL ACTIVITY AND INFLUENCE IN THE PORT AND TO ENSURE
FAIR HIRING AND EMPLOYMENT PRACTICES SO THAT THE PORT AND REGION COULD
GROW AND PROSPER.
(F) THE BI-STATE COMMISSION WORKED TO BREAK THE CYCLE OF CORRUPTION AT
THE PORT, AND EFFECTUATED TRANSFORMATIVE CHANGES ON THE WATERFRONT. ITS
EFFORTS LED TO THE CONVICTION OF ORGANIZED-CRIME MEMBERS AND ASSOCIATES
FOR MURDER, EXTORTION, DRUG TRAFFICKING, THEFT, RACKETEERING, ILLEGAL
GAMBLING, AND LOANSHARKING, AMONG OTHER CRIMES. IN RECENT YEARS, ITS
INVESTIGATIONS LED TO PROSECUTIONS OF UNION OFFICIALS AND MEMBERS OF THE
TRADITIONAL ORGANIZED CRIME FAMILIES WHICH HAVE BEEN FOUND TO CONTROL OR
EXERT SIGNIFICANT INFLUENCE OVER THE UNION OF DOCKWORKERS AND COMMERCIAL
ACTIVITY ON THE WATERFRONT. THE BI-STATE COMMISSION'S INVESTIGATIONS
ALSO LED TO THE EXCLUSION OR REMOVAL FROM THE PORT WORKFORCE OF INDIVID-
UALS WHO WERE CONVICTED OF SERIOUS CRIMES OR WERE ASSOCIATED WITH ORGAN-
IZED CRIME. IT WORKED TO OVERCOME DISCRIMINATION AND OTHER UNFAIR HIRING
PRACTICES AND CONTINUED TO EXTIRPATE CORRUPTION AND RACKETEERING IN THE
PORT OF NEW YORK DISTRICT UNTIL NEW JERSEY'S WITHDRAWAL FROM THE
BI-STATE COMPACT PURSUANT TO CHAPTER 324 OF THE LAWS OF 2017 OF THE
STATE OF NEW JERSEY.
(G) ALTHOUGH LAW ENFORCEMENT'S EFFORTS AGAINST TRADITIONAL ORGANIZED
CRIME INFLUENCE HAVE BEEN SUCCESSFUL, SUCH INFLUENCE REMAINS A SIGNIF-
ICANT THREAT IN THE NEW YORK METROPOLITAN AREA, PARTICULARLY IN THE
PORT. CONTINUED OVERSIGHT IS ESSENTIAL TO ENSURE FAIR AND NONDISCRIMINA-
TORY HIRING PRACTICES, TO ELIMINATE LABOR RACKETEERING AND THE VICTIMI-
ZATION OF LEGITIMATE UNION MEMBERS AND PORT BUSINESSES, AND TO PREVENT
ORGANIZED CRIME FIGURES FROM DIRECTLY OPERATING AT THE CRITICAL POINTS
OF INTERSTATE AND INTERNATIONAL SHIPPING.
§ 534-B. DEFINITIONS. AS USED IN THIS ARTICLE, ALL REFERENCES TO THE
MASCULINE GENDER SHALL BE DEEMED TO INCLUDE ALL GENDERS. THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "ACT" SHALL MEAN THIS ARTICLE AND RULES OR REGULATIONS LAWFULLY
PROMULGATED THEREUNDER AND SHALL INCLUDE ANY AMENDMENTS OR SUPPLEMENTS
TO THIS ARTICLE TO IMPLEMENT THE PURPOSES THEREOF.
S. 8308 30 A. 8808
2. "BI-STATE COMMISSION" SHALL MEAN THE WATERFRONT COMMISSION OF NEW
YORK HARBOR ESTABLISHED BY THE STATE OF NEW YORK PURSUANT TO P.L. 1953,
C.882 (NY UNCONSOL. CH.307, S.1) AND BY THE STATE OF NEW JERSEY PURSUANT
TO ITS AGREEMENT THERETO UNDER P.L.1953, C.202 (C.32:23-1 ET SEQ.).
3. "CARRIER OF FREIGHT BY WATER" SHALL MEAN ANY PERSON WHO MAY BE
ENGAGED OR WHO MAY HOLD HIMSELF OUT AS WILLING TO BE ENGAGED, WHETHER AS
A COMMON CARRIER, AS A CONTRACT CARRIER OR OTHERWISE (EXCEPT FOR
CARRIAGE OF LIQUID CARGOES IN BULK IN TANK VESSELS DESIGNED FOR USE
EXCLUSIVELY IN SUCH SERVICE OR CARRIAGE BY BARGE OF BULK CARGOES
CONSISTING OF ONLY A SINGLE COMMODITY LOADED OR CARRIED WITHOUT WRAPPERS
OR CONTAINERS AND DELIVERED BY THE CARRIER WITHOUT TRANSPORTATION MARK
OR COUNT) IN THE CARRIAGE OF FREIGHT BY WATER BETWEEN ANY POINT IN THE
PORT OF NEW YORK DISTRICT AND A POINT OUTSIDE SAID DISTRICT.
4. "CONTAINER" SHALL MEAN ANY RECEPTACLE, BOX, CARTON OR CRATE WHICH
IS SPECIFICALLY DESIGNED AND CONSTRUCTED SO THAT IT MAY BE REPEATEDLY
USED FOR THE CARRIAGE OF FREIGHT BY A CARRIER OF FREIGHT BY WATER.
5. "CHECKER" SHALL MEAN A LONGSHOREMAN WHO IS EMPLOYED TO ENGAGE IN
DIRECT AND IMMEDIATE CHECKING OF WATERBORNE FREIGHT OR OF THE CUSTODIAL
ACCOUNTING THEREFOR OR IN THE RECORDING OR TABULATION OF THE HOURS
WORKED AT PIERS OR OTHER WATERFRONT TERMINALS BY NATURAL PERSONS
EMPLOYED BY CARRIERS OF FREIGHT BY WATER OR STEVEDORES.
6. "COMMISSION" SHALL MEAN THE NEW YORK WATERFRONT COMMISSION ESTAB-
LISHED BY SECTION FIVE HUNDRED THIRTY-FOUR-C OF THIS ARTICLE.
7. "CAREER OFFENDER" SHALL MEAN A PERSON WHOSE BEHAVIOR IS PURSUED IN
AN OCCUPATIONAL MANNER OR CONTEXT FOR THE PURPOSE OF ECONOMIC GAIN
UTILIZING SUCH METHODS AS ARE DEEMED CRIMINAL VIOLATIONS AGAINST THE
PUBLIC POLICY OF THE STATE OF NEW YORK.
8. "CAREER OFFENDER CARTEL" SHALL MEAN A NUMBER OF CAREER OFFENDERS
ACTING IN CONCERT, AND MAY INCLUDE WHAT IS COMMONLY REFERRED TO AS AN
ORGANIZED CRIME GROUP.
9. "COURT OF THE UNITED STATES" SHALL MEAN ALL COURTS ENUMERATED IN
SECTION FOUR HUNDRED FIFTY-ONE OF TITLE TWENTY-EIGHT OF THE UNITED
STATES CODE AND THE COURTS-MARTIAL OF THE ARMED FORCES OF THE UNITED
STATES.
10. "FREIGHT" SHALL MEAN FREIGHT WHICH HAS BEEN, OR WILL BE, CARRIED
BY OR CONSIGNED FOR CARRIAGE BY A CARRIER OF FREIGHT BY WATER.
11. "HIRING AGENT" SHALL MEAN ANY NATURAL PERSON, WHO ON BEHALF OF A
CARRIER OF FREIGHT BY WATER OR A STEVEDORE OR ANY OTHER PERSON SHALL
SELECT ANY LONGSHOREMAN FOR EMPLOYMENT.
12. "LONGSHOREMAN" SHALL MEAN: (A) A NATURAL PERSON, OTHER THAN A
HIRING AGENT, WHO IS EMPLOYED FOR WORK AT A PIER OR OTHER WATERFRONT
TERMINAL, EITHER BY A CARRIER OF FREIGHT BY WATER OR BY A STEVEDORE TO:
(1) PHYSICALLY MOVE WATERBORNE FREIGHT ON VESSELS BERTHED AT PIERS, ON
PIERS OR AT OTHER WATERFRONT TERMINALS; OR
(2) ENGAGE IN DIRECT AND IMMEDIATE CHECKING OF ANY SUCH FREIGHT OR OF
THE CUSTODIAL ACCOUNTING THEREFOR OR IN THE RECORDING OR TABULATION OF
THE HOURS WORKED AT PIERS OR OTHER WATERFRONT TERMINALS BY NATURAL
PERSONS EMPLOYED BY CARRIERS OF FREIGHT BY WATER OR STEVEDORES; OR
(3) SUPERVISE DIRECTLY AND IMMEDIATELY OTHERS WHO ARE EMPLOYED AS IN
SUBPARAGRAPH ONE OF THIS PARAGRAPH; OR
(4) PHYSICALLY PERFORM LABOR OR SERVICES INCIDENTAL TO THE MOVEMENT OF
WATERBORNE FREIGHT ON VESSELS BERTHED AT PIERS, ON PIERS OR AT OTHER
WATERFRONT TERMINALS, INCLUDING, BUT NOT LIMITED TO, CARGO REPAIRMEN,
COOPERS, GENERAL MAINTENANCE MEN, MECHANICAL AND MISCELLANEOUS WORKERS,
HORSE AND CATTLE FITTERS, GRAIN CEILERS AND MARINE CARPENTERS; OR
S. 8308 31 A. 8808
(B) A NATURAL PERSON, OTHER THAN A HIRING AGENT, WHO IS EMPLOYED FOR
WORK AT A PIER OR OTHER WATERFRONT TERMINAL BY ANY PERSON TO:
(1) PHYSICALLY MOVE WATERBORNE FREIGHT TO OR FROM A BARGE, LIGHTER OR
RAILROAD CAR FOR TRANSFER TO OR FROM A VESSEL OF A CARRIER OF FREIGHT BY
WATER WHICH IS, SHALL BE, OR SHALL HAVE BEEN BERTHED AT THE SAME PIER OR
OTHER WATERFRONT TERMINAL; OR
(2) PERFORM LABOR OR SERVICES INVOLVING, OR INCIDENTAL TO, THE MOVE-
MENT OF FREIGHT AT A WATERFRONT TERMINAL AS DEFINED IN SUBDIVISION
FIFTEEN OF THIS SECTION.
13. "LONGSHOREMEN'S REGISTER" SHALL MEAN THE REGISTER OF ELIGIBLE
LONGSHOREMEN COMPILED AND MAINTAINED BY THE COMMISSION PURSUANT TO
SECTION FIVE HUNDRED THIRTY-FOUR-I OF THIS ARTICLE.
14. "MARINE TERMINAL" SHALL MEAN AN AREA WHICH INCLUDES PIERS, WHICH
IS USED PRIMARILY FOR THE MOVING, WAREHOUSING, DISTRIBUTING OR PACKING
OF WATERBORNE FREIGHT OR FREIGHT TO OR FROM SUCH PIERS, AND WHICH,
INCLUSIVE OF SUCH PIERS, IS UNDER COMMON OWNERSHIP OR CONTROL.
15. "OTHER WATERFRONT TERMINAL" SHALL INCLUDE:
(A) ANY WAREHOUSE, DEPOT OR OTHER TERMINAL (OTHER THAN A PIER) WHICH
IS LOCATED WITHIN ONE THOUSAND YARDS OF ANY PIER IN THE PORT OF NEW YORK
DISTRICT IN THIS STATE AND WHICH IS USED FOR WATERBORNE FREIGHT IN WHOLE
OR SUBSTANTIAL PART; OR
(B) ANY WAREHOUSE, DEPOT OR OTHER TERMINAL (OTHER THAN A PIER), WHETH-
ER ENCLOSED OR OPEN, WHICH IS LOCATED IN A MARINE TERMINAL IN THE PORT
OF NEW YORK DISTRICT IN THIS STATE AND ANY PART OF WHICH IS USED BY ANY
PERSON TO PERFORM LABOR OR SERVICES INVOLVING, OR INCIDENTAL TO, THE
MOVEMENT OF WATERBORNE FREIGHT OR FREIGHT.
16. "PERSON" SHALL MEAN NOT ONLY A NATURAL PERSON BUT ALSO ANY PART-
NERSHIP, JOINT VENTURE, ASSOCIATION, CORPORATION OR ANY OTHER LEGAL
ENTITY BUT SHALL NOT INCLUDE THE UNITED STATES, ANY STATE OR TERRITORY
THEREOF OR ANY DEPARTMENT, DIVISION, BOARD, COMMISSION OR AUTHORITY OF
ONE OR MORE OF THE FOREGOING.
17. "PIER" SHALL INCLUDE ANY WHARF, PIER, DOCK OR QUAY.
18. "PIER SUPERINTENDENT" SHALL MEAN ANY NATURAL PERSON OTHER THAN A
LONGSHOREMAN WHO IS EMPLOYED FOR WORK AT A PIER OR OTHER WATERFRONT
TERMINAL BY A CARRIER OF FREIGHT BY WATER OR A STEVEDORE AND WHOSE WORK
AT SUCH PIER OR OTHER WATERFRONT TERMINAL INCLUDES THE SUPERVISION,
DIRECTLY OR INDIRECTLY, OF THE WORK OF LONGSHOREMEN.
19. "PORT OF NEW YORK DISTRICT" SHALL MEAN THE DISTRICT CREATED BY
ARTICLE II OF THE COMPACT DATED APRIL THIRTIETH, NINETEEN HUNDRED TWEN-
TY-ONE, BETWEEN THE STATES OF NEW YORK AND NEW JERSEY, AUTHORIZED BY
CHAPTER ONE HUNDRED FIFTY-FOUR OF THE LAWS OF NEW YORK OF NINETEEN
HUNDRED TWENTY-ONE AND CHAPTER ONE HUNDRED FIFTY-ONE OF THE LAWS OF NEW
JERSEY OF NINETEEN HUNDRED TWENTY-ONE.
20. "PORT WATCHMAN" SHALL INCLUDE ANY WATCHMAN, GATEMAN, ROUNDSMAN,
DETECTIVE, GUARD, GUARDIAN OR PROTECTOR OF PROPERTY EMPLOYED BY THE
OPERATOR OF ANY PIER OR OTHER WATERFRONT TERMINAL OR BY A CARRIER OF
FREIGHT BY WATER TO PERFORM SERVICES IN SUCH CAPACITY ON ANY PIER OR
OTHER WATERFRONT TERMINAL.
21. THE TERM "SELECT ANY LONGSHOREMAN FOR EMPLOYMENT" IN THE DEFI-
NITION OF A HIRING AGENT IN THIS SECTION SHALL INCLUDE SELECTION OF A
PERSON FOR THE COMMENCEMENT OR CONTINUATION OF EMPLOYMENT AS A LONG-
SHOREMAN, OR THE DENIAL OR TERMINATION OF EMPLOYMENT AS A LONGSHOREMAN.
22. "STEVEDORE" SHALL MEAN:
(A) A CONTRACTOR (NOT INCLUDING AN EMPLOYEE) ENGAGED FOR COMPENSATION
PURSUANT TO A CONTRACT OR ARRANGEMENT WITH A CARRIER OF FREIGHT BY
WATER, IN MOVING WATERBORNE FREIGHT CARRIED OR CONSIGNED FOR CARRIAGE BY
S. 8308 32 A. 8808
SUCH CARRIER ON VESSELS OF SUCH CARRIER BERTHED AT PIERS, ON PIERS AT
WHICH SUCH VESSELS ARE BERTHED OR AT OTHER WATERFRONT TERMINALS; OR
(B) A CONTRACTOR ENGAGED FOR COMPENSATION PURSUANT TO A CONTRACT OR
ARRANGEMENT WITH THE UNITED STATES, ANY STATE OR TERRITORY THEREOF, OR
ANY DEPARTMENT, DIVISION, BOARD, COMMISSION OR AUTHORITY OF ONE OR MORE
OF THE FOREGOING, IN MOVING FREIGHT CARRIED OR CONSIGNED FOR CARRIAGE
BETWEEN ANY POINT IN THE PORT OF NEW YORK DISTRICT AND A POINT OUTSIDE
SAID DISTRICT ON VESSELS OF SUCH A PUBLIC AGENCY BERTHED AT PIERS, ON
PIERS AT WHICH SUCH VESSELS ARE BERTHED OR AT OTHER WATERFRONT TERMI-
NALS; OR
(C) A CONTRACTOR (NOT INCLUDING AN EMPLOYEE) ENGAGED FOR COMPENSATION
PURSUANT TO A CONTRACT OR ARRANGEMENT WITH ANY PERSON TO PERFORM LABOR
OR SERVICES INCIDENTAL TO THE MOVEMENT OF WATERBORNE FREIGHT ON VESSELS
BERTHED AT PIERS, ON PIERS OR AT OTHER WATERFRONT TERMINALS, INCLUDING,
BUT NOT LIMITED TO, CARGO STORAGE, CARGO REPAIRING, COOPERING, GENERAL
MAINTENANCE, MECHANICAL AND MISCELLANEOUS WORK, HORSE AND CATTLE
FITTING, GRAIN CEILING, AND MARINE CARPENTRY; OR
(D) A CONTRACTOR (NOT INCLUDING AN EMPLOYEE) ENGAGED FOR COMPENSATION
PURSUANT TO A CONTRACT OR ARRANGEMENT WITH ANY OTHER PERSON TO PERFORM
LABOR OR SERVICES INVOLVING, OR INCIDENTAL TO, THE MOVEMENT OF FREIGHT
INTO OR OUT OF CONTAINERS (WHICH HAVE BEEN OR WHICH WILL BE CARRIED BY A
CARRIER OF FREIGHT BY WATER) ON VESSELS BERTHED AT PIERS, ON PIERS OR AT
OTHER WATERFRONT TERMINALS.
23. "TERRORIST GROUP" SHALL MEAN A GROUP ASSOCIATED, AFFILIATED OR
FUNDED IN WHOLE OR IN PART BY A TERRORIST ORGANIZATION DESIGNATED BY THE
SECRETARY OF STATE IN ACCORDANCE WITH SECTION TWO HUNDRED NINETEEN OF
THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED FROM TIME TO TIME, OR
ANY OTHER ORGANIZATION WHICH ASSISTS, FUNDS OR ENGAGES IN ACTS OF
TERRORISM AS DEFINED IN THE LAWS OF THE UNITED STATES, OR OF THE STATE
OF NEW YORK, INCLUDING, BUT NOT LIMITED TO, SUBDIVISION ONE OF SECTION
490.05 OF THE PENAL LAW.
24. "WATERBORNE FREIGHT" SHALL MEAN FREIGHT CARRIED BY OR CONSIGNED
FOR CARRIAGE BY CARRIERS OF FREIGHT BY WATER, AND SHALL ALSO INCLUDE
FREIGHT DESCRIBED IN SUBDIVISION FIFTEEN AND PARAGRAPHS (B) AND (D) OF
SUBDIVISION TWENTY-TWO OF THIS SECTION, AND SHIPS' STORES, BAGGAGE AND
MAIL CARRIED BY OR CONSIGNED FOR CARRIAGE BY CARRIERS OF FREIGHT BY
WATER.
25. "WITNESS" SHALL MEAN ANY PERSON WHOSE TESTIMONY IS DESIRED IN ANY
INVESTIGATION, INTERVIEW OR OTHER PROCEEDING CONDUCTED BY THE COMMISSION
PURSUANT TO THE PROVISIONS OF SECTION FIVE HUNDRED THIRTY-FOUR OF THIS
ARTICLE.
§ 534-C. NEW YORK WATERFRONT COMMISSION ESTABLISHED. 1. THERE IS HERE-
BY CREATED THE NEW YORK WATERFRONT COMMISSION, WHICH SHALL BE IN THE
EXECUTIVE DEPARTMENT OF THIS STATE AND MAY REQUEST, RECEIVE, AND UTILIZE
FACILITIES, RESOURCES AND DATA OF ANY DEPARTMENT, DIVISION, BOARD,
BUREAU, COMMISSION, AGENCY OR PUBLIC AUTHORITY OF THE STATE OR ANY POLI-
TICAL SUBDIVISION THEREOF AS IT MAY REASONABLY REQUEST TO CARRY OUT
PROPERLY ITS POWERS AND DUTIES.
2. THE COMMISSION SHALL CONSIST OF THE COMMISSIONER APPOINTED BY THE
GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, AND SHALL RECEIVE
COMPENSATION TO BE FIXED BY THE GOVERNOR OF THIS STATE. THE TERM OF
OFFICE OF SUCH COMMISSIONER SHALL BE FOR THREE YEARS; PROVIDED, HOWEVER,
THAT A COMMISSIONER SERVING ON THE BI-STATE COMMISSION AT THE TIME OF
ITS DISSOLUTION ON THE SEVENTEENTH OF JULY TWO THOUSAND TWENTY-THREE WHO
WAS APPOINTED BY THE GOVERNOR OF NEW YORK TO SUCH POSITION, MAY SERVE AS
ACTING COMMISSIONER OF THE NEW YORK WATERFRONT COMMISSION UNTIL SUCH
S. 8308 33 A. 8808
TIME AS A COMMISSIONER IS APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND
CONSENT OF THE SENATE, PURSUANT TO THIS SUBDIVISION. A COMMISSIONER
SHALL HOLD OFFICE UNTIL THAT COMMISSIONER'S SUCCESSOR HAS BEEN APPOINTED
AND QUALIFIED. VACANCIES IN OFFICE SHALL BE FILLED FOR THE BALANCE OF
THE UNEXPIRED TERM IN THE SAME MANNER AS ORIGINAL APPOINTMENTS.
3. A COMMISSIONER MAY, BY WRITTEN INSTRUMENT FILED IN THE OFFICE OF
THE COMMISSION, DESIGNATE ANY OFFICER OR EMPLOYEE OF THE COMMISSION TO
ACT IN THAT COMMISSIONER'S PLACE. A VACANCY IN THE OFFICE OF A COMMIS-
SIONER SHALL NOT IMPAIR SUCH DESIGNATION UNTIL THE VACANCY SHALL HAVE
BEEN FILLED.
§ 534-D. GENERAL POWERS OF THE COMMISSION. IN ADDITION TO THE POWERS
AND DUTIES ELSEWHERE PRESCRIBED HEREIN, THE COMMISSION SHALL HAVE THE
POWER:
1. TO SUE AND BE SUED.
2. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE.
3. TO ACQUIRE, HOLD AND DISPOSE OF REAL AND PERSONAL PROPERTY BY GIFT,
PURCHASE, LEASE, LICENSE OR OTHER SIMILAR MANNER, FOR ITS CORPORATE
PURPOSES.
4. TO DETERMINE THE LOCATION, SIZE AND SUITABILITY OF ACCOMMODATIONS
NECESSARY AND DESIRABLE FOR THE ESTABLISHMENT AND MAINTENANCE OF THE
EMPLOYMENT INFORMATION CENTERS PROVIDED IN SECTION FIVE HUNDRED THIRTY-
FOUR-O OF THIS ARTICLE AND FOR ADMINISTRATIVE OFFICES FOR THE COMMIS-
SION.
5. TO ADMINISTER AND ENFORCE THE PROVISIONS OF THIS ACT.
6. TO PROMULGATE AND ENFORCE SUCH RULES AND REGULATIONS AS THE COMMIS-
SION MAY DEEM NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ACT OR TO
PREVENT THE CIRCUMVENTION OR EVASION THEREOF. AS USED IN THIS ACT,
"REGULATIONS" INCLUDE THOSE RULES AND REGULATIONS OF THE BI-STATE
COMMISSION WHICH SHALL CONTINUE IN EFFECT AS THE RULES AND REGULATIONS
OF THE COMMISSION UNTIL AMENDED, SUPPLEMENTED, OR RESCINDED BY THE
COMMISSION PURSUANT TO THE STATE ADMINISTRATIVE PROCEDURE ACT. PREVI-
OUSLY PROMULGATED REGULATIONS INCONSISTENT WITH THE PROVISIONS OF THIS
ACT SHALL BE DEEMED VOID.
7. TO APPOINT SUCH OFFICERS, AGENTS AND EMPLOYEES AS IT MAY DEEM
NECESSARY, PRESCRIBE THEIR POWERS, DUTIES AND QUALIFICATIONS AND FIX
THEIR COMPENSATION AND RETAIN AND EMPLOY COUNSEL AND PRIVATE CONSULTANTS
ON A CONTRACT BASIS OR OTHERWISE.
8. BY ITS COMMISSIONER AND ITS PROPERLY DESIGNATED OFFICERS, AGENTS
AND EMPLOYEES, TO ADMINISTER OATHS AND ISSUE SUBPOENAS TO COMPEL THE
ATTENDANCE OF WITNESSES AND THE GIVING OF TESTIMONY AND THE PRODUCTION
OF OTHER EVIDENCE.
9. TO HAVE FOR ITS COMMISSIONER AND ITS PROPERLY DESIGNATED OFFICERS,
AGENTS AND EMPLOYEES, FULL AND FREE ACCESS, INGRESS AND EGRESS TO AND
FROM ALL VESSELS, PIERS AND OTHER WATERFRONT TERMINALS OR OTHER PLACES
IN THE PORT OF NEW YORK DISTRICT IN THIS STATE, FOR THE PURPOSES OF
MAKING INSPECTION OR ENFORCING THE PROVISIONS OF THIS ACT; AND NO PERSON
SHALL OBSTRUCT OR IN ANY WAY INTERFERE WITH ANY SUCH COMMISSIONER, OFFI-
CER, EMPLOYEE OR AGENT IN THE MAKING OF SUCH INSPECTION, OR IN THE
ENFORCEMENT OF THE PROVISIONS OF THIS ACT OR IN THE PERFORMANCE OF ANY
OTHER POWER OR DUTY UNDER THIS ACT.
10. TO RECOVER POSSESSION OF ANY SUSPENDED OR REVOKED LICENSE ISSUED
UNDER THIS ACT.
11. TO MAKE INVESTIGATIONS, COLLECT AND COMPILE INFORMATION CONCERNING
WATERFRONT PRACTICES GENERALLY WITHIN THE PORT OF NEW YORK DISTRICT IN
THIS STATE AND UPON ALL MATTERS RELATING TO THE ACCOMPLISHMENT OF THE
OBJECTIVES OF THIS ACT.
S. 8308 34 A. 8808
12. TO ADVISE AND CONSULT WITH REPRESENTATIVES OF LABOR AND INDUSTRY
AND WITH PUBLIC OFFICIALS AND AGENCIES CONCERNED WITH THE EFFECTUATION
OF THE PURPOSES OF THIS ACT, UPON ALL MATTERS WHICH THE COMMISSION MAY
DESIRE, INCLUDING BUT NOT LIMITED TO THE FORM AND SUBSTANCE OF RULES AND
REGULATIONS, THE ADMINISTRATION OF THE ACT, MAINTENANCE OF THE
LONGSHOREMEN'S REGISTER, AND ISSUANCE AND REVOCATION OF LICENSES.
13. TO MAKE ANNUAL AND OTHER REPORTS TO THE GOVERNOR AND LEGISLATURE
CONTAINING RECOMMENDATIONS FOR THE IMPROVEMENT OF THE CONDITIONS OF
WATERFRONT LABOR WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE, FOR
THE ALLEVIATION OF THE EVILS DESCRIBED IN SECTION FIVE HUNDRED THIRTY-
FOUR-A OF THIS ARTICLE AND FOR THE EFFECTUATION OF THE PURPOSES OF THIS
ACT.
14. TO COOPERATE WITH AND RECEIVE FROM ANY DEPARTMENT, DIVISION,
BUREAU, BOARD, COMMISSION, OR AGENCY OF THIS STATE, OR OF ANY COUNTY OR
MUNICIPALITY THEREOF, SUCH ASSISTANCE AND DATA AS WILL ENABLE IT PROPER-
LY TO CARRY OUT ITS POWERS AND DUTIES HEREUNDER; AND TO REQUEST ANY SUCH
DEPARTMENT, DIVISION, BUREAU, BOARD, COMMISSION, OR AGENCY, WITH THE
CONSENT THEREOF, TO EXECUTE SUCH OF ITS FUNCTIONS AND POWERS, AS THE
PUBLIC INTEREST MAY REQUIRE.
15. TO DESIGNATE OFFICERS, EMPLOYEES AND AGENTS WHO MAY EXERCISE THE
POWERS AND DUTIES OF THE COMMISSION EXCEPT THE POWER TO MAKE RULES AND
REGULATIONS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE OFFICERS,
EMPLOYEES AND AGENTS OF THE COMMISSION ESTABLISHED BY THIS ACT MAY BE
APPOINTED OR EMPLOYED WITHOUT REGARD TO THEIR STATE OF RESIDENCE.
16. TO ISSUE TEMPORARY PERMITS AND PERMIT TEMPORARY REGISTRATIONS
UNDER SUCH TERMS AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE WHICH
SHALL BE VALID FOR A PERIOD TO BE FIXED BY THE COMMISSION NOT IN EXCESS
OF SIX MONTHS.
17. TO REQUIRE ANY APPLICANT FOR A LICENSE OR REGISTRATION OR ANY
PROSPECTIVE LICENSEE TO FURNISH SUCH FACTS AND EVIDENCE AS THE COMMIS-
SION MAY DEEM APPROPRIATE TO ENABLE IT TO ASCERTAIN WHETHER THE LICENSE
OR REGISTRATION SHOULD BE GRANTED.
18. IN ANY CASE IN WHICH THE COMMISSION HAS THE POWER TO REVOKE OR
SUSPEND ANY STEVEDORE LICENSE THE COMMISSION SHALL ALSO HAVE THE POWER
TO IMPOSE AS AN ALTERNATIVE TO SUCH REVOCATION OR SUSPENSION, A PENALTY,
WHICH THE LICENSEE MAY ELECT TO PAY TO THE COMMISSION IN LIEU OF THE
REVOCATION OR SUSPENSION. THE MAXIMUM PENALTY SHALL BE FIVE THOUSAND
DOLLARS FOR EACH SEPARATE OFFENSE. THE COMMISSION MAY, FOR GOOD CAUSE
SHOWN, ABATE ALL OR PART OF SUCH PENALTY.
19. TO DESIGNATE ANY OFFICER, AGENT OR EMPLOYEE OF THE COMMISSION TO
BE AN INVESTIGATOR WHO SHALL BE VESTED WITH ALL THE POWERS OF A PEACE OR
POLICE OFFICER OF THE STATE OF NEW YORK.
20. TO CONFER IMMUNITY, IN THE MANNER PRESCRIBED BY SUBDIVISION ONE OF
SECTION FIVE HUNDRED THIRTY-FOUR-V OF THIS ARTICLE.
21. TO REQUIRE ANY APPLICANT FOR REGISTRATION AS A LONGSHOREMAN, ANY
APPLICANT FOR REGISTRATION AS A CHECKER OR ANY APPLICANT FOR REGISTRA-
TION AS A TELECOMMUNICATIONS SYSTEM CONTROLLER AND ANY PERSON WHO IS
SPONSORED FOR A LICENSE AS A PIER SUPERINTENDENT OR HIRING AGENT, ANY
PERSON WHO IS AN INDIVIDUAL OWNER OF AN APPLICANT STEVEDORE OR ANY
PERSONS WHO ARE INDIVIDUAL PARTNERS OF AN APPLICANT STEVEDORE, OR ANY
OFFICERS, DIRECTORS OR STOCKHOLDERS OWNING FIVE PERCENT OR MORE OF ANY
OF THE STOCK OF AN APPLICANT CORPORATE STEVEDORE OR ANY APPLICANT FOR A
LICENSE AS A PORT WATCHMAN OR ANY OTHER CATEGORY OF APPLICANT FOR REGIS-
TRATION OR LICENSING WITHIN THE COMMISSION'S JURISDICTION TO BE FINGER-
PRINTED BY THE COMMISSION AT THE COST AND EXPENSE OF THE APPLICANT.
S. 8308 35 A. 8808
22. TO EXCHANGE FINGERPRINT DATA WITH AND RECEIVE STATE CRIMINAL
HISTORY RECORD INFORMATION FROM THE DIVISION OF CRIMINAL JUSTICE
SERVICES AND FEDERAL CRIMINAL HISTORY RECORD INFORMATION FROM THE FEDER-
AL BUREAU OF INVESTIGATION FOR USE IN MAKING THE DETERMINATIONS REQUIRED
BY THIS ACT.
23. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, TO
REQUIRE ANY APPLICANT FOR EMPLOYMENT OR EMPLOYEE OF THE COMMISSION TO BE
FINGERPRINTED AND TO EXCHANGE FINGERPRINT DATA WITH AND RECEIVE STATE
CRIMINAL HISTORY RECORD INFORMATION FROM THE DIVISION OF CRIMINAL
JUSTICE SERVICES AND FEDERAL CRIMINAL HISTORY INFORMATION FROM THE
FEDERAL BUREAU OF INVESTIGATION FOR USE IN THE HIRING OR RETENTION OF
SUCH PERSON.
24. TO COOPERATE WITH A SIMILAR ENTITY ESTABLISHED IN THE STATE OF NEW
JERSEY, TO EXCHANGE INFORMATION ON ANY MATTER PERTINENT TO THE PURPOSES
OF THIS ACT, AND TO ENTER INTO RECIPROCAL AGREEMENTS FOR THE ACCOMPLISH-
MENT OF SUCH PURPOSES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING OBJEC-
TIVES:
(A) TO GIVE RECIPROCAL EFFECT TO ANY REVOCATION, SUSPENSION OR REPRI-
MAND WITH RESPECT TO ANY LICENSEE, AND ANY REPRIMAND OR REMOVAL FROM A
LONGSHOREMEN'S REGISTER;
(B) TO PROVIDE THAT ANY ACT OR OMISSION BY A LICENSEE OR REGISTRANT IN
EITHER STATE WHICH WOULD BE A BASIS FOR DISCIPLINARY ACTION AGAINST SUCH
LICENSEE OR REGISTRANT IF IT OCCURRED IN THE STATE IN WHICH THE LICENSE
WAS ISSUED OR THE PERSON REGISTERED SHALL BE THE BASIS FOR DISCIPLINARY
ACTION IN BOTH STATES; AND
(C) TO PROVIDE THAT LONGSHOREMEN REGISTERED IN EITHER STATE, WHO
PERFORM WORK OR WHO APPLY FOR WORK AT AN EMPLOYMENT INFORMATION CENTER
WITHIN THE OTHER STATE, SHALL BE DEEMED TO HAVE PERFORMED WORK OR TO
HAVE APPLIED FOR WORK IN THE STATE IN WHICH THEY ARE REGISTERED.
§ 534-E. DESIGNATION AS AGENT OF THE STATE. 1. THE COMMISSION IS HERE-
BY DESIGNATED ON ITS OWN BEHALF OR AS AGENT OF THE STATE OF NEW YORK, AS
PROVIDED BY THE ACT OF CONGRESS OF THE UNITED STATES, EFFECTIVE JUNE
SIXTH, ONE THOUSAND NINE HUNDRED AND THIRTY-THREE, ENTITLED "AN ACT TO
PROVIDE FOR THE ESTABLISHMENT OF A NATIONAL EMPLOYMENT SYSTEM AND FOR
CO-OPERATION WITH THE STATES IN THE PROMOTION OF SUCH SYSTEM AND FOR
OTHER PURPOSES," AS AMENDED, FOR THE PURPOSE OF OBTAINING SUCH BENEFITS
OF SUCH ACT OF CONGRESS AS ARE NECESSARY OR APPROPRIATE TO THE ESTAB-
LISHMENT AND OPERATION OF EMPLOYMENT INFORMATION CENTERS AUTHORIZED BY
SECTION ONE OF THIS ACT.
2. THE COMMISSION SHALL HAVE ALL POWERS NECESSARY TO COOPERATE WITH
APPROPRIATE OFFICERS OR AGENCIES OF THIS STATE OR THE UNITED STATES, TO
TAKE SUCH STEPS, TO FORMULATE SUCH PLANS, AND TO EXECUTE SUCH PROJECTS
(INCLUDING BUT NOT LIMITED TO THE ESTABLISHMENT AND OPERATION OF EMPLOY-
MENT INFORMATION CENTERS) AS MAY BE NECESSARY TO OBTAIN SUCH BENEFITS
FOR THE OPERATIONS OF THE COMMISSION IN ACCOMPLISHING THE PURPOSES OF
THIS ACT.
3. ANY OFFICER OR AGENCY DESIGNATED BY THIS STATE PURSUANT TO SAID ACT
OF JUNE SIXTH, NINETEEN HUNDRED THIRTY-THREE, AS AMENDED, IS AUTHORIZED
AND EMPOWERED, UPON THE REQUEST OF THE COMMISSION AND SUBJECT TO ITS
DIRECTION, TO EXERCISE THE POWERS AND DUTIES CONFERRED UPON THE COMMIS-
SION BY THE PROVISIONS OF THIS SECTION.
§ 534-F. PIER SUPERINTENDENTS AND HIRING AGENTS. 1. NO PERSON SHALL
ACT AS A PIER SUPERINTENDENT OR AS A HIRING AGENT WITHIN THE PORT OF NEW
YORK DISTRICT IN THIS STATE WITHOUT FIRST HAVING OBTAINED FROM THE
COMMISSION OR PREVIOUSLY, FROM THE BI-STATE COMMISSION, A LICENSE TO ACT
AS SUCH PIER SUPERINTENDENT OR HIRING AGENT, AS THE CASE MAY BE, AND NO
S. 8308 36 A. 8808
PERSON SHALL EMPLOY OR ENGAGE ANOTHER PERSON TO ACT AS A PIER SUPER-
INTENDENT OR HIRING AGENT WHO IS NOT SO LICENSED.
2. A LICENSE TO ACT AS A PIER SUPERINTENDENT OR HIRING AGENT SHALL BE
ISSUED ONLY UPON THE WRITTEN APPLICATION, UNDER OATH, OF THE PERSON
PROPOSING TO EMPLOY OR ENGAGE ANOTHER PERSON TO ACT AS SUCH PIER SUPER-
INTENDENT OR HIRING AGENT, VERIFIED BY THE PROSPECTIVE LICENSEE AS TO
THE MATTERS CONCERNING THAT PERSON, AND SHALL STATE THE FOLLOWING:
(A) THE FULL NAME AND BUSINESS ADDRESS OF THE APPLICANT;
(B) THE FULL NAME, RESIDENCE, BUSINESS ADDRESS (IF ANY), PLACE AND
DATE OF BIRTH AND SOCIAL SECURITY NUMBER OF THE PROSPECTIVE LICENSEE;
(C) THE PRESENT AND PREVIOUS OCCUPATIONS OF THE PROSPECTIVE LICENSEE,
INCLUDING THE PLACES WHERE THE PERSON WAS EMPLOYED AND THE NAMES OF THE
PERSON'S EMPLOYERS;
(D) SUCH FURTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE COMMIS-
SION TO ASCERTAIN THE CHARACTER, INTEGRITY AND IDENTITY OF THE PROSPEC-
TIVE LICENSEE; AND
(E) THAT IF A LICENSE IS ISSUED TO THE PROSPECTIVE LICENSEE, THE
APPLICANT WILL EMPLOY SUCH LICENSEE AS PIER SUPERINTENDENT OR HIRING
AGENT, AS THE CASE MAY BE.
3. NO SUCH LICENSE SHALL BE GRANTED:
(A) UNLESS THE COMMISSION SHALL BE SATISFIED THAT THE PROSPECTIVE
LICENSEE POSSESSES GOOD CHARACTER AND INTEGRITY;
(B) IF THE PROSPECTIVE LICENSEE HAS, WITHOUT SUBSEQUENT PARDON, BEEN
CONVICTED BY A COURT OF THE UNITED STATES, OR ANY STATE OR TERRITORY
THEREOF, OF THE COMMISSION OF, OR THE ATTEMPT OR CONSPIRACY TO COMMIT,
TREASON, MURDER, MANSLAUGHTER OR ANY CRIME PUNISHABLE BY DEATH OR IMPRI-
SONMENT FOR A TERM EXCEEDING ONE YEAR OR ANY OF THE FOLLOWING MISDEMEA-
NORS OR OFFENSES: ILLEGALLY USING, CARRYING OR POSSESSING A PISTOL OR
OTHER DANGEROUS WEAPON; MAKING OR POSSESSING BURGLAR'S INSTRUMENTS;
BUYING OR RECEIVING STOLEN PROPERTY; UNLAWFUL ENTRY OF A BUILDING;
AIDING AN ESCAPE FROM PRISON; UNLAWFULLY POSSESSING, POSSESSING WITH
INTENT TO DISTRIBUTE, SALE OR DISTRIBUTION OF A CONTROLLED DANGEROUS
SUBSTANCE (CONTROLLED SUBSTANCE) OR A CONTROLLED DANGEROUS SUBSTANCE
ANALOG; AND VIOLATION OF THIS ACT. ANY SUCH PROSPECTIVE LICENSEE INELI-
GIBLE FOR A LICENSE BY REASON OF ANY SUCH CONVICTION MAY SUBMIT SATIS-
FACTORY EVIDENCE TO THE COMMISSION THAT SUCH PERSON HAS FOR A PERIOD OF
NOT LESS THAN FIVE YEARS, MEASURED AS HEREINAFTER PROVIDED, AND UP TO
THE TIME OF APPLICATION, SO ACTED IN A MANNER AS TO WARRANT THE GRANT OF
SUCH LICENSE, IN WHICH EVENT THE COMMISSION MAY, IN ITS DISCRETION,
ISSUE AN ORDER REMOVING SUCH INELIGIBILITY. THE AFORESAID PERIOD OF FIVE
YEARS SHALL BE MEASURED EITHER FROM THE DATE OF PAYMENT OF ANY FINE
IMPOSED UPON SUCH PERSON OR THE SUSPENSION OF SENTENCE OR FROM THE DATE
OF THE PERSON'S UNREVOKED RELEASE FROM CUSTODY BY PAROLE, COMMUTATION OR
TERMINATION OF SENTENCE;
(C) IF THE PROSPECTIVE LICENSEE KNOWINGLY OR WILLFULLY ADVOCATES THE
DESIRABILITY OF OVERTHROWING OR DESTROYING THE GOVERNMENT OF THE UNITED
STATES BY FORCE OR VIOLENCE OR SHALL BE A MEMBER OF A GROUP WHICH ADVO-
CATES SUCH DESIRABILITY, KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH
ADVOCACY.
4. WHEN THE APPLICATION SHALL HAVE BEEN EXAMINED AND SUCH FURTHER
INQUIRY AND INVESTIGATION MADE AS THE COMMISSION SHALL DEEM PROPER AND
WHEN THE COMMISSION SHALL BE SATISFIED THEREFROM THAT THE PROSPECTIVE
LICENSEE POSSESSES THE QUALIFICATIONS AND REQUIREMENTS PRESCRIBED IN
THIS SECTION, THE COMMISSION SHALL ISSUE AND DELIVER TO THE PROSPECTIVE
LICENSEE A LICENSE TO ACT AS PIER SUPERINTENDENT OR HIRING AGENT FOR THE
APPLICANT, AS THE CASE MAY BE, AND SHALL INFORM THE APPLICANT OF THIS
S. 8308 37 A. 8808
ACTION. THE COMMISSION MAY ISSUE A TEMPORARY PERMIT TO ANY PROSPECTIVE
LICENSEE FOR A LICENSE UNDER THE PROVISIONS OF THIS ARTICLE PENDING
FINAL ACTION ON AN APPLICATION MADE FOR SUCH A LICENSE. ANY SUCH PERMIT
SHALL BE VALID FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
5. NO PERSON SHALL BE LICENSED TO ACT AS A PIER SUPERINTENDENT OR
HIRING AGENT FOR MORE THAN ONE EMPLOYER, EXCEPT AT A SINGLE PIER OR
OTHER WATERFRONT TERMINAL, BUT NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO LIMIT IN ANY WAY THE NUMBER OF PIER SUPERINTENDENTS OR
HIRING AGENTS ANY EMPLOYER MAY EMPLOY.
6. A LICENSE GRANTED PURSUANT TO THIS SECTION SHALL CONTINUE THROUGH
THE DURATION OF THE LICENSEE'S EMPLOYMENT BY THE EMPLOYER WHO SHALL HAVE
APPLIED FOR THE PERSON'S LICENSE.
7. ANY LICENSE ISSUED PURSUANT TO THIS SECTION MAY BE REVOKED OR
SUSPENDED FOR SUCH PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST
OR THE LICENSEE THEREUNDER MAY BE REPRIMANDED FOR ANY OF THE FOLLOWING
OFFENSES:
(A) CONVICTION OF A CRIME OR ACT BY THE LICENSEE OR OTHER CAUSE WHICH
WOULD REQUIRE OR PERMIT THE PERSON'S DISQUALIFICATION FROM RECEIVING A
LICENSE UPON ORIGINAL APPLICATION;
(B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING THE LICENSE, OR IN
THE CONDUCT OF THE LICENSED ACTIVITY;
(C) VIOLATION OF ANY OF THE PROVISIONS OF THIS ACT;
(D) UNLAWFULLY POSSESSING, POSSESSION WITH INTENT TO DISTRIBUTE, SALE
OR DISTRIBUTION OF A CONTROLLED DANGEROUS SUBSTANCE (CONTROLLED
SUBSTANCE) OR A CONTROLLED DANGEROUS SUBSTANCE ANALOG (CONTROLLED
SUBSTANCE ANALOG);
(E) EMPLOYING, HIRING OR PROCURING ANY PERSON IN VIOLATION OF THIS ACT
OR INDUCING OR OTHERWISE AIDING OR ABETTING ANY PERSON TO VIOLATE THE
TERMS OF THIS ACT;
(F) PAYING, GIVING, CAUSING TO BE PAID OR GIVEN OR OFFERING TO PAY OR
GIVE TO ANY PERSON ANY VALUABLE CONSIDERATION TO INDUCE SUCH OTHER
PERSON TO VIOLATE ANY PROVISION OF THIS ACT OR TO INDUCE ANY PUBLIC
OFFICER, AGENT OR EMPLOYEE TO FAIL TO PERFORM THE PERSON'S DUTY HERE-
UNDER;
(G) CONSORTING WITH KNOWN CRIMINALS FOR AN UNLAWFUL PURPOSE;
(H) TRANSFER OR SURRENDER OF POSSESSION OF THE LICENSE TO ANY PERSON
EITHER TEMPORARILY OR PERMANENTLY WITHOUT SATISFACTORY EXPLANATION;
(I) FALSE IMPERSONATION OF ANOTHER LICENSEE UNDER THIS ACT;
(J) RECEIPT OR SOLICITATION OF ANYTHING OF VALUE FROM ANY PERSON OTHER
THAN THE LICENSEE'S EMPLOYER AS CONSIDERATION FOR THE SELECTION OR
RETENTION FOR EMPLOYMENT OF ANY LONGSHOREMAN;
(K) COERCION OF A LONGSHOREMAN BY THREAT OF DISCRIMINATION OR VIOLENCE
OR ECONOMIC REPRISAL, TO MAKE PURCHASES FROM OR TO UTILIZE THE SERVICES
OF ANY PERSON;
(L) LENDING ANY MONEY TO OR BORROWING ANY MONEY FROM A LONGSHOREMAN
FOR WHICH THERE IS A CHARGE OF INTEREST OR OTHER CONSIDERATION; AND
(M) MEMBERSHIP IN A LABOR ORGANIZATION WHICH REPRESENTS LONGSHOREMEN
OR PORT WATCHMEN; BUT NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIB-
IT PIER SUPERINTENDENTS OR HIRING AGENTS FROM BEING REPRESENTED BY A
LABOR ORGANIZATION OR ORGANIZATIONS WHICH DO NOT ALSO REPRESENT LONG-
SHOREMEN OR PORT WATCHMEN. THE AMERICAN FEDERATION OF LABOR AND CONGRESS
OF INDUSTRIAL ORGANIZATIONS AND ANY OTHER SIMILAR FEDERATION, CONGRESS
OR OTHER ORGANIZATION OF NATIONAL OR INTERNATIONAL OCCUPATIONAL OR
INDUSTRIAL LABOR ORGANIZATIONS SHALL NOT BE CONSIDERED AN ORGANIZATION
WHICH REPRESENTS LONGSHOREMEN OR PORT WATCHMEN WITHIN THE MEANING OF
S. 8308 38 A. 8808
THIS SECTION ALTHOUGH ONE OF THE FEDERATED OR CONSTITUENT LABOR ORGAN-
IZATIONS THEREOF MAY REPRESENT LONGSHOREMEN OR PORT WATCHMEN.
8. ANY APPLICANT FOR PIER SUPERINTENDENT OR HIRING AGENT INELIGIBLE
FOR A LICENSE BY REASON OF THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVI-
SION THREE OF SECTION FIVE HUNDRED THIRTY-FOUR-F OF THIS ARTICLE MAY
PETITION FOR AND THE COMMISSION MAY ISSUE AN ORDER REMOVING THE INELIGI-
BILITY. A PETITION FOR AN ORDER TO REMOVE INELIGIBILITY MAY BE MADE TO
THE COMMISSION BEFORE OR AFTER THE HEARING REQUIRED BY SECTION FIVE
HUNDRED THIRTY-FOUR-N OF THIS ARTICLE.
§ 534-G. STEVEDORES. 1. NO PERSON SHALL ACT AS A STEVEDORE WITHIN THE
PORT OF NEW YORK DISTRICT IN THIS STATE WITHOUT HAVING FIRST OBTAINED A
LICENSE FROM THE COMMISSION OR PREVIOUSLY, FROM THE BI-STATE COMMISSION,
AND NO PERSON SHALL EMPLOY A STEVEDORE TO PERFORM SERVICES AS SUCH WITH-
IN THE PORT OF NEW YORK DISTRICT IN THIS STATE UNLESS THE STEVEDORE IS
SO LICENSED.
2. ANY PERSON INTENDING TO ACT AS A STEVEDORE WITHIN THE PORT OF NEW
YORK DISTRICT IN THIS STATE SHALL FILE IN THE OFFICE OF THE COMMISSION A
WRITTEN APPLICATION FOR A LICENSE TO ENGAGE IN SUCH OCCUPATION, DULY
SIGNED AND VERIFIED AS FOLLOWS:
(A) IF THE APPLICANT IS A NATURAL PERSON, THE APPLICATION SHALL BE
SIGNED AND VERIFIED BY SUCH PERSON AND IF THE APPLICANT IS A PARTNER-
SHIP, THE APPLICATION SHALL BE SIGNED AND VERIFIED BY EACH NATURAL
PERSON COMPOSING OR INTENDING TO COMPOSE SUCH PARTNERSHIP. THE APPLICA-
TION SHALL STATE THE FULL NAME, AGE, RESIDENCE, BUSINESS ADDRESS, IF
ANY, PRESENT AND PREVIOUS OCCUPATIONS OF EACH NATURAL PERSON SO SIGNING
THE SAME, AND ANY OTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE
COMMISSION TO ASCERTAIN THE CHARACTER, INTEGRITY AND IDENTITY OF EACH
NATURAL PERSON SO SIGNING SUCH APPLICATION.
(B) IF THE APPLICANT IS A CORPORATION, THE APPLICATION SHALL BE SIGNED
AND VERIFIED BY THE PRESIDENT, SECRETARY AND TREASURER THEREOF, AND
SHALL SPECIFY THE NAME OF THE CORPORATION, THE DATE AND PLACE OF ITS
INCORPORATION, THE LOCATION OF ITS PRINCIPAL PLACE OF BUSINESS, THE
NAMES AND ADDRESSES OF, AND THE AMOUNT OF THE STOCK HELD BY STOCKHOLDERS
OWNING FIVE PERCENT OR MORE OF ANY OF THE STOCK THEREOF, AND OF ALL
OFFICERS, INCLUDING ALL MEMBERS OF THE BOARD OF DIRECTORS. THE REQUIRE-
MENTS OF PARAGRAPH (A) OF THIS SUBDIVISION AS TO A NATURAL PERSON WHO IS
A MEMBER OF A PARTNERSHIP, AND SUCH REQUIREMENTS AS MAY BE SPECIFIED IN
RULES AND REGULATIONS PROMULGATED BY THE COMMISSION, SHALL APPLY TO EACH
SUCH OFFICER OR STOCKHOLDER AND THEIR SUCCESSORS IN OFFICE OR INTEREST.
(C) IN THE EVENT OF THE DEATH, RESIGNATION OR REMOVAL OF ANY OFFICER,
AND IN THE EVENT OF ANY CHANGE IN THE LIST OF STOCKHOLDERS WHO SHALL OWN
FIVE PERCENT OR MORE OF THE STOCK OF THE CORPORATION, THE SECRETARY OF
SUCH CORPORATION SHALL FORTHWITH GIVE NOTICE OF THAT FACT IN WRITING TO
THE COMMISSION CERTIFIED BY SAID SECRETARY.
3. NO SUCH LICENSE SHALL BE GRANTED:
(A) IF ANY PERSON WHOSE SIGNATURE OR NAME APPEARS IN THE APPLICATION
IS NOT THE REAL PARTY IN INTEREST REQUIRED BY SUBDIVISION TWO OF THIS
SECTION TO SIGN OR TO BE IDENTIFIED IN THE APPLICATION OR IF THE PERSON
SO SIGNING OR NAMED IN THE APPLICATION IS AN UNDISCLOSED AGENT OR TRUS-
TEE FOR ANY SUCH REAL PARTY IN INTEREST;
(B) UNLESS THE COMMISSION SHALL BE SATISFIED THAT THE APPLICANT AND
ALL MEMBERS, OFFICERS AND STOCKHOLDERS REQUIRED BY SUBDIVISION TWO OF
THIS SECTION TO SIGN OR BE IDENTIFIED IN THE APPLICATION FOR LICENSE
POSSESS GOOD CHARACTER AND INTEGRITY;
(C) UNLESS THE APPLICANT IS EITHER A NATURAL PERSON, PARTNERSHIP OR
CORPORATION;
S. 8308 39 A. 8808
(D) UNLESS THE APPLICANT SHALL BE A PARTY TO A CONTRACT THEN IN FORCE
OR WHICH WILL TAKE EFFECT UPON THE ISSUANCE OF A LICENSE, WITH A CARRIER
OF FREIGHT BY WATER FOR THE LOADING AND UNLOADING BY THE APPLICANT OF
ONE OR MORE VESSELS OF SUCH CARRIER AT A PIER WITHIN THE PORT OF NEW
YORK DISTRICT IN THIS STATE;
(E) IF THE APPLICANT OR ANY MEMBER, OFFICER OR STOCKHOLDER REQUIRED BY
SUBDIVISION TWO OF THIS SECTION TO SIGN OR BE IDENTIFIED IN THE APPLICA-
TION FOR LICENSE HAS, WITHOUT SUBSEQUENT PARDON, BEEN CONVICTED BY A
COURT OF THE UNITED STATES OR ANY STATE OR TERRITORY THEREOF OF THE
COMMISSION OF, OR THE ATTEMPT OR CONSPIRACY TO COMMIT, TREASON, MURDER,
MANSLAUGHTER OR ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT FOR A TERM
EXCEEDING ONE YEAR OR ANY OF THE MISDEMEANORS OR OFFENSES DESCRIBED IN
PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-FOUR-F
OF THIS ARTICLE. ANY APPLICANT INELIGIBLE FOR A LICENSE BY REASON OF
ANY SUCH CONVICTION MAY SUBMIT SATISFACTORY EVIDENCE TO THE COMMISSION
THAT THE PERSON WHOSE CONVICTION WAS THE BASIS OF INELIGIBILITY HAS FOR
A PERIOD OF NOT LESS THAN FIVE YEARS, MEASURED AS HEREINAFTER PROVIDED
AND UP TO THE TIME OF APPLICATION, SO ACTED IN A MANNER AS TO WARRANT
THE GRANT OF SUCH LICENSE, IN WHICH EVENT THE COMMISSION MAY, IN ITS
DISCRETION ISSUE AN ORDER REMOVING SUCH INELIGIBILITY. THE AFORESAID
PERIOD OF FIVE YEARS SHALL BE MEASURED EITHER FROM THE DATE OF PAYMENT
OF ANY FINE IMPOSED UPON SUCH PERSON OR THE SUSPENSION OF SENTENCE OR
FROM THE DATE OF THE PERSON'S UNREVOKED RELEASE FROM CUSTODY BY PAROLE,
COMMUTATION OR TERMINATION OF THE PERSON'S SENTENCE;
(F) IF THE APPLICANT HAS PAID, GIVEN, CAUSED TO HAVE BEEN PAID OR
GIVEN OR OFFERED TO PAY OR GIVE TO ANY OFFICER OR EMPLOYEE OF ANY CARRI-
ER OF FREIGHT BY WATER ANY VALUABLE CONSIDERATION FOR AN IMPROPER OR
UNLAWFUL PURPOSE OR TO INDUCE SUCH PERSON TO PROCURE THE EMPLOYMENT OF
THE APPLICANT BY SUCH CARRIER FOR THE PERFORMANCE OF STEVEDORING
SERVICES;
(G) IF THE APPLICANT HAS PAID, GIVEN, CAUSED TO BE PAID OR GIVEN OR
OFFERED TO PAY OR GIVE TO ANY OFFICER OR REPRESENTATIVE OF A LABOR
ORGANIZATION ANY VALUABLE CONSIDERATION FOR AN IMPROPER OR UNLAWFUL
PURPOSE OR TO INDUCE SUCH OFFICER OR REPRESENTATIVE TO SUBORDINATE THE
INTERESTS OF SUCH LABOR ORGANIZATION OR ITS MEMBERS IN THE MANAGEMENT OF
THE AFFAIRS OF SUCH LABOR ORGANIZATION TO THE INTERESTS OF THE APPLI-
CANT.
(H) IF THE APPLICANT HAS PAID, GIVEN, CAUSED TO HAVE BEEN PAID OR
GIVEN OR OFFERED TO PAY OR GIVE TO ANY AGENT OF ANY CARRIER OF FREIGHT
BY WATER ANY VALUABLE CONSIDERATION FOR AN IMPROPER OR UNLAWFUL PURPOSE
OR, WITHOUT THE KNOWLEDGE AND CONSENT OF SUCH CARRIER, TO INDUCE SUCH
AGENT TO PROCURE THE EMPLOYMENT OF THE APPLICANT BY SUCH CARRIER OR ITS
AGENT FOR THE PERFORMANCE OF STEVEDORING SERVICES.
4. WHEN THE APPLICATION SHALL HAVE BEEN EXAMINED AND SUCH FURTHER
INQUIRY AND INVESTIGATION MADE AS THE COMMISSION SHALL DEEM PROPER AND
WHEN THE COMMISSION SHALL BE SATISFIED THEREFROM THAT THE APPLICANT
POSSESSES THE QUALIFICATIONS AND REQUIREMENTS PRESCRIBED IN THIS
SECTION, THE COMMISSION SHALL ISSUE AND DELIVER A LICENSE TO SUCH APPLI-
CANT. THE COMMISSION MAY ISSUE A TEMPORARY PERMIT TO ANY APPLICANT FOR
A LICENSE UNDER THE PROVISIONS OF THIS SECTION PENDING FINAL ACTION ON
AN APPLICATION MADE FOR SUCH A LICENSE. ANY SUCH PERMIT SHALL BE VALID
FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
5. A STEVEDORE'S LICENSE GRANTED PURSUANT TO THIS SECTION SHALL BE FOR
A TERM OF FIVE YEARS OR FRACTION OF SUCH FIVE YEAR PERIOD, AND SHALL
EXPIRE ON THE FIRST DAY OF DECEMBER. IN THE EVENT OF THE DEATH OF THE
LICENSEE, IF A NATURAL PERSON, OR ITS TERMINATION OR DISSOLUTION BY
S. 8308 40 A. 8808
REASON OF A DEATH OF A PARTNER, IF A PARTNERSHIP, OR IF THE LICENSEE
SHALL CEASE TO BE A PARTY TO ANY CONTRACT OF THE TYPE REQUIRED BY PARA-
GRAPH (D) OF SUBDIVISION THREE OF THIS SECTION, THE LICENSE SHALL TERMI-
NATE NINETY DAYS AFTER SUCH EVENT OR UPON ITS EXPIRATION DATE, WHICHEVER
SHALL BE SOONER. A LICENSE MAY BE RENEWED BY THE COMMISSION FOR SUCCES-
SIVE FIVE YEAR PERIODS UPON FULFILLING THE SAME REQUIREMENTS AS ARE SET
FORTH IN THIS SECTION FOR AN ORIGINAL APPLICATION FOR A STEVEDORE'S
LICENSE.
6. ANY LICENSE ISSUED PURSUANT TO THIS SECTION MAY BE REVOKED OR
SUSPENDED FOR SUCH PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST
OR THE LICENSEE THEREUNDER MAY BE REPRIMANDED FOR ANY OF THE FOLLOWING
OFFENSES ON THE PART OF THE LICENSEE OR OF ANY PERSON REQUIRED BY SUBDI-
VISION TWO OF THIS SECTION TO SIGN OR BE IDENTIFIED IN AN ORIGINAL
APPLICATION FOR A LICENSE:
(A) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT OR REQUIRE
DISQUALIFICATION OF THE LICENSEE FROM RECEIVING A LICENSE UPON ORIGINAL
APPLICATION;
(B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING THE LICENSE OR IN
THE CONDUCT OF THE LICENSED ACTIVITY;
(C) FAILURE BY THE LICENSEE TO MAINTAIN A COMPLETE SET OF BOOKS AND
RECORDS CONTAINING A TRUE AND ACCURATE ACCOUNT OF THE LICENSEE'S
RECEIPTS AND DISBURSEMENTS ARISING OUT OF THE LICENSEE'S ACTIVITIES
WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE;
(D) FAILURE TO KEEP SAID BOOKS AND RECORDS AVAILABLE DURING BUSINESS
HOURS FOR INSPECTION BY THE COMMISSION AND ITS DULY DESIGNATED REPRESEN-
TATIVES UNTIL THE EXPIRATION OF THE FIFTH CALENDAR YEAR FOLLOWING THE
CALENDAR YEAR DURING WHICH OCCURRED THE TRANSACTIONS RECORDED THEREIN;
(E) ANY OTHER OFFENSE DESCRIBED IN PARAGRAPHS (C), (D), (E), (F), (G),
(H) AND (I) OF SUBDIVISION SEVEN OF SECTION FIVE HUNDRED THIRTY-FOUR-F
OF THIS ARTICLE.
§ 534-H. PROHIBITION OF PUBLIC LOADING. 1. IT IS UNLAWFUL FOR ANY
PERSON TO LOAD OR UNLOAD WATERBORNE FREIGHT ONTO OR FROM VEHICLES OTHER
THAN RAILROAD CARS AT PIERS OR AT OTHER WATERFRONT TERMINALS WITHIN THE
PORT OF NEW YORK DISTRICT IN THIS STATE, FOR A FEE OR OTHER COMPEN-
SATION, OTHER THAN THE FOLLOWING PERSONS AND THEIR EMPLOYEES:
(A) CARRIERS OF FREIGHT BY WATER, BUT ONLY AT PIERS AT WHICH THEIR
VESSELS ARE BERTHED;
(B) OTHER CARRIERS OF FREIGHT (INCLUDING BUT NOT LIMITED TO RAILROADS
AND TRUCKERS), BUT ONLY IN CONNECTION WITH FREIGHT TRANSPORTED OR TO BE
TRANSPORTED BY SUCH CARRIERS;
(C) OPERATORS OF PIERS OR OTHER WATERFRONT TERMINALS (INCLUDING RAIL-
ROADS, TRUCK TERMINAL OPERATORS, WAREHOUSEMEN AND OTHER PERSONS), BUT
ONLY AT PIERS OR OTHER WATERFRONT TERMINALS OPERATED BY THEM;
(D) SHIPPERS OR CONSIGNEES OF FREIGHT, BUT ONLY IN CONNECTION WITH
FREIGHT SHIPPED BY SUCH SHIPPER OR CONSIGNED TO SUCH CONSIGNEE;
(E) STEVEDORES LICENSED UNDER SECTION FIVE HUNDRED THIRTY-FOUR-G OF
THIS ARTICLE, WHETHER OR NOT SUCH WATERBORNE FREIGHT HAS BEEN OR IS TO
BE TRANSPORTED BY A CARRIER OF FREIGHT BY WATER WITH WHICH SUCH STEVE-
DORE SHALL HAVE A CONTRACT OF THE TYPE PRESCRIBED BY PARAGRAPH (D) OF
SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-FOUR-G OF THIS ARTICLE.
2. NOTHING IN THIS SECTION CONTAINED SHALL BE DEEMED TO PERMIT ANY
SUCH LOADING OR UNLOADING OF ANY WATERBORNE FREIGHT AT ANY PLACE BY ANY
SUCH PERSON BY MEANS OF ANY INDEPENDENT CONTRACTOR, OR ANY OTHER AGENT
OTHER THAN AN EMPLOYEE, UNLESS SUCH INDEPENDENT CONTRACTOR IS A PERSON
PERMITTED BY THIS SECTION TO LOAD OR UNLOAD SUCH FREIGHT AT SUCH PLACE
IN THE PERSON'S OWN RIGHT.
S. 8308 41 A. 8808
§ 534-I. LONGSHOREMEN'S REGISTER. 1. THE COMMISSION SHALL MAINTAIN A
LONGSHOREMEN'S REGISTER IN WHICH SHALL BE INCLUDED ALL QUALIFIED LONG-
SHOREMEN ELIGIBLE, AS PROVIDED, FOR EMPLOYMENT AS SUCH IN THE PORT OF
NEW YORK DISTRICT IN THIS STATE. NO PERSON SHALL ACT AS A LONGSHOREMAN
WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE UNLESS AT THE TIME
SUCH PERSON IS INCLUDED IN THE LONGSHOREMEN'S REGISTER, AND NO PERSON
SHALL EMPLOY ANOTHER TO WORK AS A LONGSHOREMAN WITHIN THE PORT OF NEW
YORK DISTRICT IN THIS STATE UNLESS AT THE TIME SUCH OTHER PERSON IS
INCLUDED IN THE LONGSHOREMEN'S REGISTER.
2. ANY PERSON APPLYING FOR INCLUSION IN THE LONGSHOREMEN'S REGISTER
SHALL FILE AT SUCH PLACE AND IN SUCH MANNER AS THE COMMISSION SHALL
DESIGNATE A WRITTEN STATEMENT, SIGNED AND VERIFIED BY SUCH PERSON,
SETTING FORTH THE PERSON'S FULL NAME, RESIDENCE ADDRESS, SOCIAL SECURI-
TY NUMBER, AND SUCH FURTHER FACTS AND EVIDENCE AS THE COMMISSION MAY
PRESCRIBE TO ESTABLISH THE IDENTITY OF SUCH PERSON AND THE PERSON'S
CRIMINAL RECORD, IF ANY.
3. THE COMMISSION MAY IN ITS DISCRETION DENY APPLICATION FOR INCLUSION
IN THE LONGSHOREMEN'S REGISTER BY A PERSON:
(A) WHO HAS BEEN CONVICTED BY A COURT OF THE UNITED STATES OR ANY
STATE OR TERRITORY THEREOF, WITHOUT SUBSEQUENT PARDON, OF TREASON,
MURDER, MANSLAUGHTER OR OF ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT
FOR A TERM EXCEEDING ONE YEAR OR OF ANY OF THE MISDEMEANORS OR OFFENSES
DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED
THIRTY-FOUR-F OF THIS ARTICLE OR OF ATTEMPT OR CONSPIRACY TO COMMIT ANY
OF SUCH CRIMES;
(B) WHO KNOWINGLY OR WILLINGLY ADVOCATES THE DESIRABILITY OF OVER-
THROWING OR DESTROYING THE GOVERNMENT OF THE UNITED STATES BY FORCE OR
VIOLENCE OR WHO SHALL BE A MEMBER OF A GROUP WHICH ADVOCATES SUCH DESIR-
ABILITY KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH ADVOCACY;
(C) WHOSE PRESENCE AT THE PIERS OR OTHER WATERFRONT TERMINALS IN THE
PORT OF NEW YORK DISTRICT IN THIS STATE IS FOUND BY THE COMMISSION ON
THE BASIS OF THE FACTS AND EVIDENCE BEFORE IT, TO CONSTITUTE A DANGER TO
THE PUBLIC PEACE OR SAFETY.
4. UNLESS THE COMMISSION SHALL DETERMINE TO EXCLUDE THE APPLICANT FROM
THE LONGSHOREMEN'S REGISTER ON A GROUND SET FORTH IN SUBDIVISION THREE
OF THIS SECTION IT SHALL INCLUDE SUCH PERSON IN THE LONGSHOREMEN'S
REGISTER. THE COMMISSION MAY PERMIT TEMPORARY REGISTRATION OF ANY
APPLICANT UNDER THE PROVISIONS OF THIS SECTION PENDING FINAL ACTION ON
AN APPLICATION MADE FOR SUCH REGISTRATION. ANY SUCH TEMPORARY REGISTRA-
TION SHALL BE VALID FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
5. THE COMMISSION SHALL HAVE POWER TO REPRIMAND ANY LONGSHOREMAN
REGISTERED UNDER THIS SECTION OR TO REMOVE THAT PERSON FROM THE
LONGSHOREMEN'S REGISTER FOR SUCH PERIOD AS IT DEEMS IN THE PUBLIC INTER-
EST FOR ANY OF ANY FOLLOWING OFFENSES:
(A) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT DISQUALI-
FICATION OF SUCH PERSON FROM INCLUSION IN THE LONGSHOREMEN'S REGISTER
UPON ORIGINAL APPLICATION;
(B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING INCLUSION IN THE
LONGSHOREMEN'S REGISTER;
(C) TRANSFER OR SURRENDER OF POSSESSION TO ANY PERSON EITHER TEMPORAR-
ILY OR PERMANENTLY OF ANY CARD OR OTHER MEANS OF IDENTIFICATION ISSUED
BY THE COMMISSION AS EVIDENCE OF INCLUSION IN THE LONGSHOREMEN'S REGIS-
TER, WITHOUT SATISFACTORY EXPLANATION;
(D) FALSE IMPERSONATION OF ANOTHER LONGSHOREMAN REGISTERED UNDER THIS
SECTION OR OF ANOTHER PERSON LICENSED UNDER THIS ACT;
S. 8308 42 A. 8808
(E) WILLFUL COMMISSION OF OR WILLFUL ATTEMPT TO COMMIT AT OR ON A
WATERFRONT TERMINAL OR ADJACENT HIGHWAY ANY ACT OF PHYSICAL INJURY TO
ANY OTHER PERSON OR OF WILLFUL DAMAGE TO OR MISAPPROPRIATION OF ANY
OTHER PERSON'S PROPERTY, UNLESS JUSTIFIED OR EXCUSED BY LAW; AND
(F) ANY OTHER OFFENSE DESCRIBED IN PARAGRAPHS (C), (D), (E), AND (F)
OF SUBDIVISION SEVEN OF SECTION FIVE HUNDRED THIRTY-FOUR-F OF THIS ARTI-
CLE.
6. WHENEVER, AS A RESULT OF LEGISLATIVE AMENDMENTS TO THIS ACT OR OF A
RULING BY THE COMMISSION, REGISTRATION AS A LONGSHOREMAN IS REQUIRED FOR
ANY PERSON TO CONTINUE IN HIS EMPLOYMENT, SUCH PERSON SHALL BE REGIS-
TERED AS A LONGSHOREMAN WITHOUT REGARD TO THE PROVISIONS OF SECTION FIVE
HUNDRED THIRTY-FOUR-K OF THIS ARTICLE, PROVIDED, HOWEVER, THAT SUCH
PERSON SATISFIES ALL THE OTHER REQUIREMENTS OF THIS ACT FOR REGISTRATION
AS A LONGSHOREMAN.
7. THE COMMISSION SHALL HAVE THE RIGHT TO RECOVER POSSESSION OF ANY
CARD OR OTHER MEANS OF IDENTIFICATION ISSUED AS EVIDENCE OF INCLUSION IN
THE LONGSHOREMEN'S REGISTER IF THE HOLDER THEREOF HAS BEEN REMOVED FROM
THE LONGSHOREMEN'S REGISTER.
8. NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT IN
ANY WAY ANY RIGHTS OF LABOR RESERVED BY SECTION FIVE HUNDRED THIRTY-
FOUR-Q OF THIS ARTICLE.
§ 534-J. LIST OF QUALIFIED LONGSHOREMEN FOR EMPLOYMENT AS CHECKERS. 1.
THE COMMISSION SHALL MAINTAIN WITHIN THE LONGSHOREMEN'S REGISTER A LIST
OF ALL QUALIFIED LONGSHOREMEN ELIGIBLE, AS PROVIDED IN THIS SECTION, FOR
EMPLOYMENT AS CHECKERS IN THE PORT OF NEW YORK DISTRICT IN THIS STATE.
NO PERSON SHALL ACT AS A CHECKER WITHIN THE PORT OF NEW YORK DISTRICT IN
THIS STATE UNLESS AT THE TIME SUCH PERSON IS INCLUDED IN THE
LONGSHOREMEN'S REGISTER AS A CHECKER, AND NO PERSON SHALL EMPLOY ANOTHER
TO WORK AS A CHECKER WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE
UNLESS AT THE TIME SUCH OTHER PERSON IS INCLUDED IN THE LONGSHOREMEN'S
REGISTER AS A CHECKER.
2. ANY PERSON APPLYING FOR INCLUSION IN THE LONGSHOREMEN'S REGISTER AS
A CHECKER SHALL FILE AT ANY SUCH PLACE AND IN SUCH MANNER AS THE COMMIS-
SION SHALL DESIGNATE A WRITTEN STATEMENT, SIGNED AND VERIFIED BY SUCH
PERSON, SETTING FORTH THE FOLLOWING:
(A) THE FULL NAME, RESIDENCE, PLACE AND DATE OF BIRTH AND SOCIAL SECU-
RITY NUMBER OF THE APPLICANT;
(B) THE PRESENT AND PREVIOUS OCCUPATIONS OF THE APPLICANT, INCLUDING
THE PLACES WHERE SUCH PERSON WAS EMPLOYED AND THE NAMES OF THAT PERSON'S
EMPLOYERS;
(C) SUCH FURTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE COMMIS-
SION TO ASCERTAIN THE CHARACTER, INTEGRITY AND IDENTITY OF THE APPLI-
CANT.
3. NO PERSON SHALL BE INCLUDED IN THE LONGSHOREMEN'S REGISTER AS A
CHECKER:
(A) UNLESS THE COMMISSION SHALL BE SATISFIED THAT THE APPLICANT
POSSESSES GOOD CHARACTER AND INTEGRITY;
(B) IF THE APPLICANT HAS, WITHOUT SUBSEQUENT PARDON, BEEN CONVICTED
BY A COURT OF THE UNITED STATES OR ANY STATE OR TERRITORY THEREOF, OF
THE COMMISSION OF, OR THE ATTEMPT OR CONSPIRACY TO COMMIT, TREASON,
MURDER, MANSLAUGHTER OR ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT
FOR A TERM EXCEEDING ONE YEAR OR ANY OF THE FOLLOWING MISDEMEANORS OR
OFFENSES: ILLEGALLY USING, CARRYING OR POSSESSING A PISTOL OR ANOTHER
DANGEROUS WEAPON; MAKING OR POSSESSING BURGLAR'S INSTRUMENTS; BUYING OR
RECEIVING STOLEN PROPERTY; UNLAWFUL ENTRY OF A BUILDING; AIDING AN
ESCAPE FROM PRISON; UNLAWFULLY POSSESSING, POSSESSING WITH INTENT TO
S. 8308 43 A. 8808
DISTRIBUTE, SALE OR DISTRIBUTION OF A CONTROLLED DANGEROUS SUBSTANCE
(CONTROLLED SUBSTANCE) OR A CONTROLLED DANGEROUS SUBSTANCE ANALOG
(CONTROLLED SUBSTANCE ANALOG); PETTY LARCENY, WHERE THE EVIDENCE SHOWS
THE PROPERTY WAS STOLEN FROM A VESSEL, PIER OR OTHER WATERFRONT TERMI-
NAL; AND VIOLATION OF THE ACT. ANY SUCH APPLICANT INELIGIBLE FOR INCLU-
SION IN THE LONGSHOREMEN'S REGISTER AS A CHECKER BY REASON OF ANY SUCH
CONVICTION MAY SUBMIT SATISFACTORY EVIDENCE TO THE COMMISSION THAT THE
PERSON HAS FOR A PERIOD OF NOT LESS THAN FIVE YEARS, MEASURED AS
PROVIDED IN THIS SECTION, AND UP TO THE TIME OF APPLICATION, SO ACTED
IN A MANNER AS TO WARRANT INCLUSION IN THE LONGSHOREMEN'S REGISTER AS A
CHECKER, IN WHICH EVENT THE COMMISSION MAY, IN ITS DISCRETION, ISSUE AN
ORDER REMOVING SUCH INELIGIBILITY. THE AFORESAID PERIOD OF FIVE YEARS
SHALL BE MEASURED EITHER FROM THE DATE OF PAYMENT OF ANY FINE IMPOSED
UPON SUCH PERSON OR THE SUSPENSION OF SENTENCE OR FROM THE DATE OF SUCH
PERSON'S UNREVOKED RELEASE FROM CUSTODY BY PAROLE, COMMUTATION OR
TERMINATION OF SUCH PERSON'S SENTENCE;
(C) IF THE APPLICANT KNOWINGLY OR WILLFULLY ADVOCATES THE DESIRABILITY
OF OVERTHROWING OR DESTROYING THE GOVERNMENT OF THE UNITED STATES BY
FORCE OR VIOLENCE OR SHALL BE A MEMBER OF A GROUP WHICH ADVOCATES SUCH
DESIRABILITY, KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH ADVOCACY.
4. WHEN THE APPLICATION SHALL HAVE BEEN EXAMINED AND SUCH FURTHER
INQUIRY AND INVESTIGATION MADE AS THE COMMISSION SHALL DEEM PROPER AND
WHEN THE COMMISSION SHALL BE SATISFIED THEREFROM THAT THE APPLICANT
POSSESSES THE QUALIFICATIONS AND REQUIREMENTS PRESCRIBED BY THIS
SECTION, THE COMMISSION SHALL INCLUDE THE APPLICANT IN THE
LONGSHOREMEN'S REGISTER AS A CHECKER. THE COMMISSION MAY PERMIT TEMPO-
RARY REGISTRATION AS A CHECKER TO ANY APPLICANT UNDER THIS SECTION PEND-
ING FINAL ACTION ON AN APPLICATION MADE FOR SUCH REGISTRATION, UNDER
SUCH TERMS AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE, WHICH SHALL
BE VALID FOR A PERIOD TO BE FIXED BY THE COMMISSION, NOT IN EXCESS OF
SIX MONTHS.
5. THE COMMISSION SHALL HAVE POWER TO REPRIMAND ANY CHECKER REGISTERED
UNDER THIS SECTION OR TO REMOVE SUCH PERSON FROM THE LONGSHOREMEN'S
REGISTER AS A CHECKER FOR SUCH PERIOD OF TIME AS IT DEEMS IN THE PUBLIC
INTEREST FOR ANY OF THE FOLLOWING OFFENSES:
(A) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT DISQUALI-
FICATION OF SUCH PERSON FROM INCLUSION IN THE LONGSHOREMEN'S REGISTER AS
A CHECKER UPON ORIGINAL APPLICATION;
(B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING INCLUSION IN THE
LONGSHOREMEN'S REGISTER AS A CHECKER OR IN THE CONDUCT OF THE REGISTERED
ACTIVITY;
(C) VIOLATION OF ANY OF THE PROVISIONS OF THIS ACT;
(D) UNLAWFULLY POSSESSING, POSSESSION WITH INTENT TO DISTRIBUTE, SALE
OR DISTRIBUTION OF A CONTROLLED DANGEROUS SUBSTANCE (CONTROLLED
SUBSTANCE), OR A CONTROLLED DANGEROUS SUBSTANCE ANALOG (CONTROLLED
SUBSTANCE ANALOG);
(E) INDUCING OR OTHERWISE AIDING OR ABETTING ANY PERSON TO VIOLATE THE
TERMS OF THIS ACT;
(F) PAYING, GIVING, CAUSING TO BE PAID OR GIVEN OR OFFERING TO PAY OR
GIVE TO ANY PERSON ANY VALUABLE CONSIDERATION TO INDUCE SUCH OTHER
PERSON TO VIOLATE ANY PROVISION OF THIS ACT OR TO INDUCE ANY PUBLIC
OFFICER, AGENT OR EMPLOYEE TO FAIL TO PERFORM THE PERSON'S DUTY UNDER
THIS ACT;
(G) CONSORTING WITH KNOWN CRIMINALS FOR AN UNLAWFUL PURPOSE;
(H) TRANSFER OR SURRENDER OF POSSESSION TO ANY PERSON EITHER TEMPORAR-
ILY OR PERMANENTLY OF ANY CARD OR OTHER MEANS OF IDENTIFICATION ISSUED
S. 8308 44 A. 8808
BY THE COMMISSION AS EVIDENCE OF INCLUSION IN THE LONGSHOREMEN'S REGIS-
TER WITHOUT SATISFACTORY EXPLANATION;
(I) FALSE IMPERSONATION OF ANOTHER LONGSHOREMAN OR OF ANOTHER PERSON
LICENSED UNDER THIS ACT.
6. THE COMMISSION SHALL HAVE THE RIGHT TO RECOVER POSSESSION OF ANY
CARD OR OTHER MEANS OF IDENTIFICATION ISSUED AS EVIDENCE OF INCLUSION IN
THE LONGSHOREMEN'S REGISTER AS A CHECKER IN THE EVENT THAT THE HOLDER
THEREOF HAS BEEN REMOVED FROM THE LONGSHOREMEN'S REGISTER AS A CHECKER.
7. ANY APPLICANT INELIGIBLE FOR INCLUSION IN THE LONGSHOREMEN'S REGIS-
TER AS A CHECKER BY REASON OF THE PROVISIONS OF PARAGRAPH (B) OF SUBDI-
VISION THREE OF THIS SECTION MAY PETITION FOR AND THE COMMISSION MAY
ISSUE AN ORDER REMOVING THE INELIGIBILITY. A PETITION FOR AN ORDER TO
REMOVE INELIGIBILITY MAY BE MADE TO THE COMMISSION BEFORE OR AFTER THE
HEARING REQUIRED BY SECTION FIVE HUNDRED THIRTY-FOUR-N OF THIS ARTICLE.
8. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO LIMIT IN
ANY WAY ANY RIGHTS OF LABOR RESERVED BY SECTION FIVE HUNDRED THIRTY-
FOUR-Q OF THIS ARTICLE.
§ 534-K. REGULARIZATION OF LONGSHOREMEN'S EMPLOYMENT. 1. THE COMMIS-
SION SHALL, AT REGULAR INTERVALS, REMOVE FROM THE LONGSHOREMEN'S REGIS-
TER ANY PERSON WHO SHALL HAVE BEEN REGISTERED FOR AT LEAST NINE MONTHS
AND WHO SHALL HAVE FAILED DURING THE PRECEDING SIX CALENDAR MONTHS
EITHER TO HAVE WORKED AS A LONGSHOREMAN IN THE PORT OF NEW YORK DISTRICT
OR TO HAVE APPLIED FOR EMPLOYMENT AS A LONGSHOREMAN AT AN EMPLOYMENT
INFORMATION CENTER IN THE PORT OF NEW YORK DISTRICT FOR SUCH MINIMUM
NUMBER OF DAYS AS SHALL HAVE BEEN ESTABLISHED BY THE COMMISSION PURSUANT
TO SUBDIVISION TWO OF THIS SECTION.
2. ON OR BEFORE EACH SUCCEEDING FIRST DAY OF JUNE OR DECEMBER, THE
COMMISSION SHALL, FOR THE PURPOSES OF SUBDIVISION ONE OF THIS SECTION,
ESTABLISH FOR THE SIX-MONTH PERIOD BEGINNING ON EACH SUCH DATE A MINIMUM
NUMBER OF DAYS AND THE DISTRIBUTION OF SUCH DAYS DURING SUCH PERIOD.
3. IN ESTABLISHING ANY SUCH MINIMUM NUMBER OF DAYS OR PERIOD, THE
COMMISSION SHALL OBSERVE THE FOLLOWING STANDARDS:
(A) TO ENCOURAGE AS FAR AS PRACTICABLE THE REGULARIZATION OF THE
EMPLOYMENT OF LONGSHOREMEN;
(B) TO BRING THE NUMBER OF ELIGIBLE LONGSHOREMEN MORE CLOSELY INTO
BALANCE WITH THE DEMAND FOR LONGSHOREMEN'S SERVICES WITHIN THE PORT OF
NEW YORK DISTRICT IN THIS STATE WITHOUT REDUCING THE NUMBER OF ELIGIBLE
LONGSHOREMEN BELOW THAT NECESSARY TO MEET THE REQUIREMENTS OF LONGSHORE-
MEN IN THE PORT OF NEW YORK DISTRICT IN THIS STATE;
(C) TO ELIMINATE OPPRESSIVE AND EVIL HIRING PRACTICES AFFECTING LONG-
SHOREMEN AND WATERBORNE COMMERCE IN THE PORT OF NEW YORK DISTRICT IN
THIS STATE; AND
(D) TO ELIMINATE UNLAWFUL PRACTICES INJURIOUS TO WATERFRONT LABOR.
4. A LONGSHOREMAN WHO HAS BEEN REMOVED FROM THE LONGSHOREMEN'S REGIS-
TER PURSUANT TO THIS SECTION MAY SEEK REINSTATEMENT UPON FULFILLING THE
SAME REQUIREMENTS AS FOR INITIAL INCLUSION IN THE LONGSHOREMEN'S REGIS-
TER, BUT NOT BEFORE THE EXPIRATION OF ONE YEAR FROM THE DATE OF REMOVAL,
EXCEPT THAT IMMEDIATE REINSTATEMENT SHALL BE MADE UPON PROPER SHOWING
THAT THE REGISTRANT'S FAILURE TO WORK OR APPLY FOR WORK THE MINIMUM
NUMBER OF DAYS ABOVE DESCRIBED WAS CAUSED BY THE FACT THAT THE REGIS-
TRANT WAS ENGAGED IN THE MILITARY SERVICE OF THE UNITED STATES OR WAS
INCAPACITATED BY ILL HEALTH, PHYSICAL INJURY, OR OTHER GOOD CAUSE.
5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE COMMISSION
SHALL AT ANY TIME HAVE THE POWER TO REGISTER LONGSHOREMEN ON A TEMPORARY
BASIS TO MEET SPECIAL OR EMERGENCY NEEDS.
S. 8308 45 A. 8808
6. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, THE COMMIS-
SION SHALL HAVE THE POWER TO REMOVE FROM THE LONGSHOREMEN'S REGISTER ANY
PERSON (INCLUDING THOSE PERSONS REGISTERED AS LONGSHOREMEN FOR LESS THAN
NINE MONTHS) WHO SHALL HAVE FAILED TO HAVE WORKED AS A LONGSHOREMAN IN
THE PORT OF NEW YORK DISTRICT FOR SUCH MINIMUM NUMBER OF DAYS DURING A
PERIOD OF TIME AS SHALL HAVE BEEN ESTABLISHED BY THE COMMISSION. IN
ADMINISTERING THIS SECTION, THE COMMISSION, IN ITS DISCRETION, MAY COUNT
APPLICATIONS FOR EMPLOYMENT AS A LONGSHOREMAN AT AN EMPLOYMENT INFORMA-
TION CENTER ESTABLISHED UNDER SECTION FIVE HUNDRED THIRTY-FOUR-O OF THIS
ARTICLE AS CONSTITUTING ACTUAL WORK AS A LONGSHOREMAN, PROVIDED, HOWEV-
ER, THAT THE COMMISSION SHALL COUNT AS ACTUAL WORK THE COMPENSATION
RECEIVED BY ANY LONGSHOREMAN PURSUANT TO THE GUARANTEED WAGE PROVISIONS
OF ANY COLLECTIVE BARGAINING AGREEMENT RELATING TO LONGSHOREMEN. PRIOR
TO THE COMMENCEMENT OF ANY PERIOD OF TIME ESTABLISHED BY THE COMMISSION
PURSUANT TO THIS SECTION, THE COMMISSION SHALL ESTABLISH FOR SUCH PERIOD
THE MINIMUM NUMBER OF DAYS OF WORK REQUIRED AND THE DISTRIBUTION OF SUCH
DAYS DURING SUCH PERIOD AND SHALL ALSO DETERMINE WHETHER OR NOT APPLICA-
TION FOR EMPLOYMENT AS A LONGSHOREMAN SHALL BE COUNTED AS CONSTITUTING
ACTUAL WORK AS A LONGSHOREMAN. THE COMMISSION MAY CLASSIFY LONGSHOREMEN
ACCORDING TO LENGTH OF SERVICE AS A LONGSHOREMAN AND SUCH OTHER CRITERIA
AS MAY BE REASONABLE AND NECESSARY TO CARRY OUT THE PROVISIONS OF THIS
ACT. THE COMMISSION SHALL HAVE THE POWER TO VARY THE REQUIREMENTS OF
THIS SECTION WITH RESPECT TO THEIR APPLICATION TO THE VARIOUS CLASSI-
FICATIONS OF LONGSHOREMEN. IN ADMINISTERING THIS SECTION, THE COMMISSION
SHALL OBSERVE THE STANDARDS SET FORTH IN SECTION FIVE HUNDRED THIRTY-
FOUR-L OF THIS ARTICLE. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
MODIFY, LIMIT OR RESTRICT IN ANY WAY ANY OF THE RIGHTS PROTECTED BY
SECTION FIVE HUNDRED THIRTY-FOUR-Q OF THIS ARTICLE.
§ 534-L. SUSPENSION OR ACCEPTANCE OF APPLICATIONS FOR INCLUSION IN THE
LONGSHOREMEN'S REGISTER; EXCEPTIONS. 1. THE COMMISSION SHALL SUSPEND THE
ACCEPTANCE OF APPLICATIONS FOR INCLUSION IN THE LONGSHOREMEN'S REGISTER
UPON THE EFFECTIVE DATE OF THE ACT. THE COMMISSION SHALL THEREAFTER HAVE
THE POWER TO MAKE DETERMINATIONS TO SUSPEND THE ACCEPTANCE OF APPLICA-
TIONS FOR INCLUSION IN THE LONGSHOREMEN'S REGISTER FOR SUCH PERIODS OF
TIME AS THE COMMISSION MAY FROM TIME TO TIME ESTABLISH AND, AFTER ANY
SUCH PERIOD OF SUSPENSION, THE COMMISSION SHALL HAVE THE POWER TO MAKE
DETERMINATIONS TO ACCEPT APPLICATIONS FOR SUCH PERIOD OF TIME AS THE
COMMISSION MAY ESTABLISH OR IN SUCH NUMBER AS THE COMMISSION MAY DETER-
MINE, OR BOTH. SUCH DETERMINATIONS TO SUSPEND OR ACCEPT APPLICATIONS
SHALL BE MADE BY THE COMMISSION: (A) ON ITS OWN INITIATIVE; OR (B) UPON
THE JOINT RECOMMENDATION IN WRITING OF STEVEDORES AND OTHER EMPLOYERS OF
LONGSHOREMEN IN THE PORT OF NEW YORK DISTRICT IN THIS STATE, ACTING
THROUGH THEIR REPRESENTATIVE FOR THE PURPOSE OF COLLECTIVE BARGAINING
WITH A LABOR ORGANIZATION REPRESENTING SUCH LONGSHOREMEN IN SUCH
DISTRICT AND SUCH LABOR ORGANIZATION; OR (C) UPON THE PETITION IN WRIT-
ING OF A STEVEDORE OR ANOTHER EMPLOYER OF LONGSHOREMEN IN THE PORT OF
NEW YORK DISTRICT IN THIS STATE WHICH DOES NOT HAVE A REPRESENTATIVE FOR
THE PURPOSE OF COLLECTIVE BARGAINING WITH A LABOR ORGANIZATION REPRES-
ENTING SUCH LONGSHOREMEN. THE COMMISSION SHALL HAVE THE POWER TO ACCEPT
OR REJECT SUCH JOINT RECOMMENDATION OR PETITION. ALL JOINT RECOMMENDA-
TIONS OR PETITIONS FILED FOR THE ACCEPTANCE OF APPLICATIONS WITH THE
COMMISSION FOR INCLUSION IN THE LONGSHOREMEN'S REGISTER SHALL INCLUDE:
(I) THE NUMBER OF EMPLOYEES REQUESTED;
(II) THE CATEGORY OR CATEGORIES OF EMPLOYEES REQUESTED;
(III) A DETAILED STATEMENT SETTING FORTH THE REASONS FOR SUCH JOINT
RECOMMENDATION OR PETITION;
S. 8308 46 A. 8808
(IV) IN CASES WHERE A JOINT RECOMMENDATION IS MADE UNDER THIS SECTION,
THE COLLECTIVE BARGAINING REPRESENTATIVE OF STEVEDORES AND OTHER EMPLOY-
ERS OF LONGSHOREMEN IN THE PORT OF NEW YORK DISTRICT IN THIS STATE AND
THE LABOR ORGANIZATION REPRESENTING SUCH LONGSHOREMEN SHALL PROVIDE THE
ALLOCATION OF THE NUMBER OF PERSONS TO BE SPONSORED BY EACH EMPLOYER OF
LONGSHOREMEN IN THE PORT OF NEW YORK DISTRICT IN THIS STATE; AND
(V) ANY OTHER INFORMATION REQUESTED BY THE COMMISSION.
2. IN ADMINISTERING THE PROVISIONS OF THIS SECTION, THE COMMISSION
SHALL OBSERVE THE FOLLOWING STANDARDS:
(A) TO ENCOURAGE AS FAR AS PRACTICABLE THE REGULARIZATION OF THE
EMPLOYMENT OF LONGSHOREMEN;
(B) TO BRING THE NUMBER OF ELIGIBLE LONGSHOREMEN INTO BALANCE WITH THE
DEMAND FOR LONGSHOREMEN'S SERVICES WITHIN THE PORT OF NEW YORK DISTRICT
IN THIS STATE WITHOUT REDUCING THE NUMBER OF ELIGIBLE LONGSHOREMEN BELOW
THAT NECESSARY TO MEET THE REQUIREMENTS OF LONGSHOREMEN IN THE PORT OF
NEW YORK DISTRICT IN THIS STATE;
(C) TO ENCOURAGE THE MOBILITY AND FULL UTILIZATION OF THE EXISTING
WORK FORCE OF LONGSHOREMEN;
(D) TO PROTECT THE JOB SECURITY OF THE EXISTING WORK FORCE OF LONG-
SHOREMEN BY CONSIDERING THE WAGES AND EMPLOYMENT BENEFITS OF PROSPECTIVE
REGISTRANTS;
(E) TO ELIMINATE OPPRESSIVE AND EVIL HIRING PRACTICES INJURIOUS TO
WATERFRONT LABOR AND WATERBORNE COMMERCE IN THE PORT OF NEW YORK
DISTRICT IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THOSE OPPRESSIVE
AND EVIL HIRING PRACTICES THAT MAY RESULT FROM EITHER A SURPLUS OR SHOR-
TAGE OF WATERFRONT LABOR;
(F) TO CONSIDER THE EFFECT OF TECHNOLOGICAL CHANGE AND AUTOMATION AND
SUCH OTHER ECONOMIC DATA AND FACTS AS ARE RELEVANT TO A PROPER DETERMI-
NATION; AND
(G) TO PROTECT THE PUBLIC INTEREST OF THE PORT OF NEW YORK DISTRICT IN
THIS STATE.
3. (A) IN OBSERVING THE FOREGOING STANDARDS AND BEFORE DETERMINING TO
SUSPEND OR ACCEPT APPLICATIONS FOR INCLUSION IN THE LONGSHOREMEN'S
REGISTER, THE COMMISSION SHALL CONSULT WITH AND CONSIDER THE VIEWS OF,
INCLUDING ANY STATISTICAL DATA OR OTHER FACTUAL INFORMATION CONCERNING
THE SIZE OF THE LONGSHOREMEN'S REGISTER SUBMITTED BY, CARRIERS OF
FREIGHT BY WATER, STEVEDORES, WATERFRONT TERMINAL OWNERS AND OPERATORS,
ANY LABOR ORGANIZATION REPRESENTING EMPLOYEES REGISTERED BY THE COMMIS-
SION, AND ANY OTHER PERSON WHOSE INTERESTS MAY BE AFFECTED BY THE SIZE
OF THE LONGSHOREMEN'S REGISTER.
(B) ANY JOINT RECOMMENDATION OR PETITION GRANTED HEREUNDER SHALL BE
SUBJECT TO SUCH TERMS AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE.
4. ANY DETERMINATION BY THE COMMISSION PURSUANT TO THIS SECTION TO
SUSPEND OR ACCEPT APPLICATIONS FOR INCLUSION IN THE LONGSHOREMEN'S
REGISTER SHALL BE MADE UPON A RECORD, SHALL NOT BECOME EFFECTIVE UNTIL
FIVE DAYS AFTER NOTICE THEREOF TO THE COLLECTIVE BARGAINING REPRESEN-
TATIVE OF STEVEDORES AND OTHER EMPLOYERS OF LONGSHOREMEN IN THE PORT OF
NEW YORK DISTRICT IN THIS STATE AND TO THE LABOR ORGANIZATION REPRESENT-
ING SUCH LONGSHOREMEN AND/OR THE PETITIONING STEVEDORE OR OTHER EMPLOYER
OF LONGSHOREMEN IN THE PORT OF NEW YORK DISTRICT IN THIS STATE AND SHALL
BE SUBJECT TO JUDICIAL REVIEW FOR BEING ARBITRARY, CAPRICIOUS, AND AN
ABUSE OF DISCRETION IN A PROCEEDING JOINTLY INSTITUTED BY SUCH REPRESEN-
TATIVE AND SUCH LABOR ORGANIZATION AND/OR BY THE PETITIONING STEVEDORE
OR OTHER EMPLOYER OF LONGSHOREMEN IN THE PORT OF NEW YORK DISTRICT IN
THIS STATE. SUCH JUDICIAL REVIEW PROCEEDING MAY BE INSTITUTED IN THE
MANNER PROVIDED BY THE LAW OF THIS STATE FOR REVIEW OF THE FINAL DECI-
S. 8308 47 A. 8808
SION OR ACTION OF ADMINISTRATIVE AGENCIES OF THIS STATE, PROVIDED,
HOWEVER, THAT SUCH PROCEEDING SHALL BE DECIDED DIRECTLY BY THE APPELLATE
DIVISION AS THE COURT OF FIRST INSTANCE (TO WHICH THE PROCEEDING SHALL
BE TRANSFERRED BY ORDER OF TRANSFER BY THE SUPREME COURT IN THE STATE OF
NEW YORK BY NOTICE OF APPEAL FROM THE COMMISSION'S DETERMINATION) AND
PROVIDED FURTHER THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW IN THIS
STATE NO COURT SHALL HAVE POWER TO STAY THE COMMISSION'S DETERMINATION
PRIOR TO FINAL JUDICIAL DECISION FOR MORE THAN FIFTEEN DAYS. IN THE
EVENT THAT THE COURT ENTERS A FINAL ORDER SETTING ASIDE THE DETERMI-
NATION BY THE COMMISSION TO ACCEPT APPLICATIONS FOR INCLUSION IN THE
LONGSHOREMEN'S REGISTER, THE REGISTRATION OF ANY LONGSHOREMEN INCLUDED
IN THE LONGSHOREMEN'S REGISTER AS A RESULT OF SUCH DETERMINATION BY THE
COMMISSION SHALL BE CANCELLED.
5. THIS SECTION SHALL APPLY, NOTWITHSTANDING ANY OTHER PROVISION OF
THIS ACT, PROVIDED HOWEVER, SUCH SECTION SHALL NOT IN ANY WAY LIMIT OR
RESTRICT THE PROVISIONS OF THIS SUBDIVISION EMPOWERING THE COMMISSION TO
REGISTER LONGSHOREMEN ON A TEMPORARY BASIS TO MEET SPECIAL OR EMERGENCY
NEEDS OR THE PROVISIONS OF SUBDIVISION FOUR OF SECTION FIVE HUNDRED
THIRTY-FOUR-K OF THIS ARTICLE RELATING TO THE IMMEDIATE REINSTATEMENT OF
PERSONS REMOVED FROM THE LONGSHOREMEN'S REGISTER PURSUANT TO THIS
SECTION.
6. UPON THE GRANTING OF ANY JOINT RECOMMENDATION OR PETITION UNDER
THIS SECTION FOR THE ACCEPTANCE OF APPLICATIONS FOR INCLUSION IN THE
LONGSHOREMEN'S REGISTER, THE COMMISSION SHALL ACCEPT APPLICATIONS UPON
WRITTEN SPONSORSHIP FROM THE PROSPECTIVE EMPLOYER OF LONGSHOREMEN. THE
SPONSORING EMPLOYER SHALL FURNISH THE COMMISSION WITH THE NAME, ADDRESS
AND SUCH OTHER IDENTIFYING OR CATEGORY INFORMATION AS THE COMMISSION MAY
PRESCRIBE FOR ANY PERSON SO SPONSORED. THE SPONSORING EMPLOYER SHALL
CERTIFY THAT THE SELECTION OF THE PERSONS SO SPONSORED WAS MADE IN A
FAIR AND NON-DISCRIMINATORY BASIS IN ACCORDANCE WITH THE REQUIREMENTS OF
THE LAWS OF THE UNITED STATES AND THE STATE OF NEW YORK DEALING WITH
EQUAL EMPLOYMENT OPPORTUNITIES. NOTWITHSTANDING ANY OF THE FOREGOING,
WHERE THE COMMISSION DETERMINES TO ACCEPT APPLICATIONS FOR INCLUSION IN
THE LONGSHOREMEN'S REGISTER ON ITS OWN INITIATIVE, SUCH ACCEPTANCE SHALL
BE ACCOMPLISHED IN SUCH MANNER DEEMED APPROPRIATE BY THE COMMISSION.
7. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE COMMISSION
MAY INCLUDE IN THE LONGSHOREMEN'S REGISTER UNDER SUCH TERMS AND CONDI-
TIONS AS THE COMMISSION MAY PRESCRIBE:
(A) A PERSON ISSUED REGISTRATION ON A TEMPORARY BASIS TO MEET SPECIAL
OR EMERGENCY NEEDS WHO IS STILL SO REGISTERED BY THE COMMISSION; AND
(B) A PERSON DEFINED AS A LONGSHOREMAN IN SUBPARAGRAPH FOUR OF PARA-
GRAPH (A), OR PARAGRAPH (B) OF SUBDIVISION TWELVE OF SECTION FIVE
HUNDRED THIRTY-FOUR-B OF THIS ARTICLE WHO IS EMPLOYED BY A STEVEDORE
DEFINED IN PARAGRAPH (C) OR (D) OF SUBDIVISION TWENTY-TWO OF SECTION
FIVE HUNDRED THIRTY-FOUR-B OF THIS ARTICLE AND WHOSE EMPLOYMENT IS NOT
SUBJECT TO THE GUARANTEED ANNUAL INCOME PROVISIONS OF ANY COLLECTIVE
BARGAINING AGREEMENT RELATING TO LONGSHOREMEN.
8. THE COMMISSION MAY INCLUDE IN THE LONGSHOREMEN'S REGISTER, UNDER
SUCH TERMS AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE, PERSONS
ISSUED REGISTRATION ON A TEMPORARY BASIS AS A LONGSHOREMAN OR A CHECKER
TO MEET SPECIAL OR EMERGENCY NEEDS AND WHO ARE STILL SO REGISTERED BY
THE COMMISSION UPON THE ENACTMENT OF THIS ACT.
9. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO MODIFY, LIMIT OR
RESTRICT IN ANY WAY ANY OF THE RIGHTS PROTECTED BY SECTION FIVE HUNDRED
THIRTY-FOUR-Q OF THIS ARTICLE.
S. 8308 48 A. 8808
§ 534-M. PORT WATCHMEN. 1. NO PERSON SHALL ACT AS A PORT WATCHMAN
WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE WITHOUT FIRST HAVING
OBTAINED A LICENSE FROM THE COMMISSION OR PREVIOUSLY, FROM THE BI-STATE
COMMISSION, AND NO PERSON SHALL EMPLOY A PORT WATCHMAN WHO IS NOT SO
LICENSED.
2. A LICENSE TO ACT AS A PORT WATCHMAN SHALL BE ISSUED ONLY UPON WRIT-
TEN APPLICATION, DULY VERIFIED, WHICH SHALL STATE THE FOLLOWING:
(A) THE FULL NAME, RESIDENCE, BUSINESS ADDRESS (IF ANY), PLACE AND
DATE OF BIRTH AND SOCIAL SECURITY NUMBER OF THE APPLICANT;
(B) THE PRESENT AND PREVIOUS OCCUPATIONS OF THE APPLICANT, INCLUDING
THE PLACES WHERE THE PERSON WAS EMPLOYED AND THE NAMES OF THE PERSON'S
EMPLOYERS;
(C) THE CITIZENSHIP OF THE APPLICANT AND, IF THE PERSON IS A NATURAL-
IZED CITIZEN OF THE UNITED STATES, THE COURT AND DATE OF NATURALIZATION;
AND
(D) SUCH FURTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE COMMIS-
SION TO ASCERTAIN THE CHARACTER, INTEGRITY AND IDENTITY OF THE APPLI-
CANT.
3. NO SUCH LICENSE SHALL BE GRANTED:
(A) UNLESS THE COMMISSION SHALL BE SATISFIED THAT THE APPLICANT
POSSESSES GOOD CHARACTER AND INTEGRITY;
(B) IF THE APPLICANT HAS, WITHOUT SUBSEQUENT PARDON, BEEN CONVICTED BY
A COURT OF THE UNITED STATES OR OF ANY STATE OR TERRITORY THEREOF OF THE
COMMISSION OF, OR THE ATTEMPT OR CONSPIRACY TO COMMIT, TREASON, MURDER,
MANSLAUGHTER OR ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT FOR A TERM
EXCEEDING ONE YEAR OR ANY OF THE MISDEMEANORS OR OFFENSES DESCRIBED IN
PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-FOUR-F
OF THIS ARTICLE;
(C) UNLESS THE APPLICANT SHALL MEET SUCH REASONABLE STANDARDS OF PHYS-
ICAL AND MENTAL FITNESS FOR THE DISCHARGE OF A PORT WATCHMEN'S DUTIES AS
MAY FROM TIME TO TIME BE ESTABLISHED BY THE COMMISSION;
(D) IF THE APPLICANT SHALL BE A MEMBER OF ANY LABOR ORGANIZATION WHICH
REPRESENTS LONGSHOREMEN OR PIER SUPERINTENDENTS OR HIRING AGENTS; BUT
NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIBIT PORT WATCHMEN FROM
BEING REPRESENTED BY A LABOR ORGANIZATION OR ORGANIZATIONS WHICH DO NOT
ALSO REPRESENT LONGSHOREMEN OR PIER SUPERINTENDENTS OR HIRING AGENTS.
THE AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZA-
TIONS AND ANY OTHER SIMILAR FEDERATION, CONGRESS OR OTHER ORGANIZATION
OF NATIONAL OR INTERNATIONAL OCCUPATIONAL OR INDUSTRIAL LABOR ORGANIZA-
TIONS SHALL NOT BE CONSIDERED AN ORGANIZATION WHICH REPRESENTS LONG-
SHOREMEN OR PIER SUPERINTENDENTS OR HIRING AGENTS WITHIN THE MEANING OF
THIS SECTION ALTHOUGH ONE OF THE FEDERATED OR CONSTITUENT LABOR ORGAN-
IZATIONS THEREOF MAY REPRESENT LONGSHOREMEN OR PIER SUPERINTENDENTS OR
HIRING AGENTS;
(E) IF THE APPLICANT KNOWINGLY OR WILLFULLY ADVOCATES THE DESIRABILITY
OF OVERTHROWING OR DESTROYING THE GOVERNMENT OF THE UNITED STATES BY
FORCE OR VIOLENCE OR SHALL BE A MEMBER OF A GROUP WHICH ADVOCATES SUCH
DESIRABILITY, KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH ADVOCACY.
4. WHEN THE APPLICATION SHALL HAVE BEEN EXAMINED AND SUCH FURTHER
INQUIRY AND INVESTIGATION MADE AS THE COMMISSION SHALL DEEM PROPER AND
WHEN THE COMMISSION SHALL BE SATISFIED THEREFROM THAT THE APPLICANT
POSSESSES THE QUALIFICATIONS AND REQUIREMENTS PRESCRIBED BY THIS SECTION
AND REGULATIONS ISSUED PURSUANT THERETO, THE COMMISSION SHALL ISSUE AND
DELIVER A LICENSE TO THE APPLICANT. THE COMMISSION MAY ISSUE A TEMPORARY
PERMIT TO ANY APPLICANT FOR A LICENSE UNDER THE PROVISIONS OF THIS
S. 8308 49 A. 8808
SECTION PENDING FINAL ACTION ON AN APPLICATION MADE FOR SUCH A LICENSE.
ANY SUCH PERMIT SHALL BE VALID FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
5. A LICENSE GRANTED PURSUANT TO THIS SECTION SHALL CONTINUE FOR A
TERM OF THREE YEARS. A LICENSE MAY BE RENEWED BY THE COMMISSION FOR
SUCCESSIVE THREE-YEAR PERIODS UPON FULFILLING THE SAME REQUIREMENTS AS
SET FORTH IN THIS SECTION FOR AN ORIGINAL APPLICATION.
6. NOTWITHSTANDING ANY PROVISION SET FORTH IN THIS SECTION, A LICENSE
TO ACT AS A PORT WATCHMAN SHALL CONTINUE AND NEED NOT BE RENEWED,
PROVIDED THE LICENSEE SHALL, AS REQUIRED BY THE COMMISSION:
(A) SUBMIT TO A MEDICAL EXAMINATION AND MEET THE PHYSICAL AND MENTAL
FITNESS STANDARDS ESTABLISHED BY THE COMMISSION PURSUANT TO PARAGRAPH
(C) OF SUBDIVISION THREE OF THIS SECTION;
(B) COMPLETE A REFRESHER COURSE OF TRAINING; AND
(C) SUBMIT SUPPLEMENTARY PERSONAL HISTORY INFORMATION.
7. ANY LICENSE ISSUED PURSUANT TO THIS SECTION MAY BE REVOKED OR
SUSPENDED FOR SUCH PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST
OR THE LICENSEE THEREUNDER MAY BE REPRIMANDED FOR ANY OF THE FOLLOWING
OFFENSES:
(A) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT OR REQUIRE
THE PERSON'S DISQUALIFICATION FROM RECEIVING A LICENSE UPON ORIGINAL
APPLICATION;
(B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING THE LICENSE; AND
(C) ANY OTHER OFFENSE DESCRIBED IN PARAGRAPHS (C), (D), (E), (F), (G),
(H), AND (I) OF SUBDIVISION SEVEN OF SECTION FIVE HUNDRED THIRTY-FOUR-F
OF THIS ARTICLE.
8. THE COMMISSION SHALL, AT REGULAR INTERVALS, CANCEL THE LICENSE OR
TEMPORARY PERMIT OF A PORT WATCHMAN WHO SHALL HAVE FAILED DURING THE
PRECEDING TWELVE MONTHS TO HAVE WORKED AS A PORT WATCHMAN IN THE PORT OF
NEW YORK DISTRICT A MINIMUM NUMBER OF HOURS AS SHALL HAVE BEEN ESTAB-
LISHED BY THE COMMISSION, EXCEPT THAT IMMEDIATE RESTORATION OF SUCH
LICENSE OR TEMPORARY PERMIT SHALL BE MADE UPON PROPER SHOWING THAT THE
FAILURE TO SO WORK WAS CAUSED BY THE FACT THAT THE LICENSEE OR PERMITTEE
WAS ENGAGED IN THE MILITARY SERVICE OF THE UNITED STATES OR WAS INCAPAC-
ITATED BY ILL HEALTH, PHYSICAL INJURY OR OTHER GOOD CAUSE.
9. ANY APPLICANT FOR PORT WATCHMAN INELIGIBLE FOR A LICENSE BY REASON
OF THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION
MAY PETITION FOR AND THE COMMISSION MAY ISSUE AN ORDER REMOVING THE
INELIGIBILITY. A PETITION FOR AN ORDER TO REMOVE INELIGIBILITY MAY BE
MADE TO THE COMMISSION BEFORE OR AFTER THE HEARING REQUIRED BY SECTION
FIVE HUNDRED THIRTY-FOUR-N OF THIS ARTICLE.
§ 534-N. HEARINGS, DETERMINATIONS AND REVIEW. 1. THE COMMISSION SHALL
NOT DENY ANY APPLICATION FOR A LICENSE OR REGISTRATION WITHOUT GIVING
THE APPLICANT OR PROSPECTIVE LICENSEE REASONABLE PRIOR NOTICE AND AN
OPPORTUNITY TO BE HEARD BY THE COMMISSION.
2. ANY APPLICATION FOR A LICENSE OR FOR INCLUSION IN THE
LONGSHOREMEN'S REGISTER, AND ANY LICENSE ISSUED OR REGISTRATION MADE,
MAY BE DENIED, REVOKED, OR SUSPENDED ONLY IN THE MANNER PRESCRIBED IN
THIS SECTION.
3. THE COMMISSION MAY ON ITS OWN INITIATIVE OR ON COMPLAINT OF ANY
PERSON, INCLUDING ANY PUBLIC OFFICIAL OR AGENCY, INSTITUTE PROCEEDINGS
TO REVOKE OR SUSPEND ANY LICENSE OR REGISTRATION AFTER A HEARING AT
WHICH THE LICENSEE OR REGISTRANT AND ANY PERSON MAKING SUCH COMPLAINT
SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD, PROVIDED THAT ANY ORDER OF
THE COMMISSION REVOKING OR SUSPENDING ANY LICENSE OR REGISTRATION SHALL
NOT BECOME EFFECTIVE UNTIL FIFTEEN DAYS SUBSEQUENT TO THE SERVING OF
NOTICE THEREOF UPON THE LICENSEE OR REGISTRANT UNLESS IN THE OPINION OF
S. 8308 50 A. 8808
THE COMMISSION THE CONTINUANCE OF THE LICENSE OR REGISTRATION FOR SUCH
PERIOD WOULD BE INIMICAL TO THE PUBLIC PEACE OR SAFETY. SUCH HEARINGS
SHALL BE HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY BE PRESCRIBED
BY THE RULES OF THE COMMISSION, BUT SUCH NOTICE SHALL BE OF NOT LESS
THAN TEN DAYS AND SHALL STATE THE NATURE OF THE COMPLAINT.
4. PENDING THE DETERMINATION OF SUCH HEARING PURSUANT TO SUBDIVISION
THREE OF THIS SECTION, THE COMMISSION MAY TEMPORARILY SUSPEND A PERMIT,
LICENSE OR REGISTRATION UNTIL FURTHER ORDER OF THE COMMISSION IF IN THE
OPINION OF THE COMMISSION THE CONTINUANCE OF THE PERMIT, LICENSE OR
REGISTRATION FOR SUCH PERIOD IS INIMICAL TO THE PUBLIC PEACE OR SAFETY.
(A) THE COMMISSION MAY TEMPORARILY SUSPEND A PERMIT, LICENSE OR REGIS-
TRATION PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION UNTIL FURTHER
ORDER OF THE COMMISSION OR FINAL DISPOSITION OF THE UNDERLYING CASE,
ONLY WHERE THE PERMITTEE, LICENSEE OR REGISTRANT HAS BEEN INDICTED FOR,
OR OTHERWISE CHARGED WITH, A CRIME WHICH IS EQUIVALENT TO A FELONY IN
THE STATE OF NEW YORK OR ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT
FOR A TERM EXCEEDING ONE YEAR OR ONLY WHERE THE PERMITTEE OR LICENSEE IS
A PORT WATCHMAN WHO IS CHARGED BY THE COMMISSION PURSUANT TO THIS
SECTION WITH MISAPPROPRIATING ANY OTHER PERSON'S PROPERTY AT OR ON A
PIER OR OTHER WATERFRONT TERMINAL.
(B) IN THE CASE OF A PERMITTEE, LICENSEE OR REGISTRANT WHO HAS BEEN
INDICTED FOR, OR OTHERWISE CHARGED WITH, A CRIME, THE TEMPORARY SUSPEN-
SION SHALL TERMINATE IMMEDIATELY UPON ACQUITTAL OR UPON DISMISSAL OF THE
CRIMINAL CHARGE, UNLESS IN THE OPINION OF THE COMMISSION THE CONTINUANCE
OF ANY SUCH PERMIT, LICENSE OR REGISTRATION IS INIMICAL TO THE PUBLIC
PEACE OR SAFETY.
(C) A PERSON WHOSE PERMIT, LICENSE OR REGISTRATION HAS BEEN TEMPORAR-
ILY SUSPENDED MAY, AT ANY TIME, DEMAND THAT THE COMMISSION CONDUCT A
HEARING AS PROVIDED FOR IN THIS SECTION. WITHIN SIXTY DAYS OF SUCH
DEMAND, THE COMMISSION SHALL COMMENCE THE HEARING AND, WITHIN THIRTY
DAYS OF RECEIPT OF THE ADMINISTRATIVE JUDGE'S REPORT AND RECOMMENDATION,
THE COMMISSION SHALL RENDER A FINAL DETERMINATION THEREON; PROVIDED,
HOWEVER, THAT THESE TIME REQUIREMENTS, SHALL NOT APPLY FOR ANY PERIOD OF
DELAY CAUSED OR REQUESTED BY THE PERMITTEE, LICENSEE OR REGISTRANT. UPON
FAILURE OF THE COMMISSION TO COMMENCE A HEARING OR RENDER A DETERMI-
NATION WITHIN THE TIME LIMITS PRESCRIBED HEREIN, THE TEMPORARY SUSPEN-
SION OF THE LICENSEE OR REGISTRANT SHALL IMMEDIATELY TERMINATE. NOTWITH-
STANDING ANY OTHER PROVISION OF THIS SUBDIVISION, IF A FEDERAL, STATE,
OR LOCAL LAW ENFORCEMENT AGENCY OR PROSECUTOR'S OFFICE SHALL REQUEST THE
SUSPENSION OR DEFERMENT OF ANY HEARING ON THE GROUND THAT SUCH A HEARING
WOULD OBSTRUCT OR PREJUDICE AN INVESTIGATION OR PROSECUTION, THE COMMIS-
SION MAY IN ITS DISCRETION, POSTPONE OR DEFER SUCH HEARING FOR A TIME
CERTAIN OR INDEFINITELY. ANY ACTION BY THE COMMISSION TO POSTPONE A
HEARING SHALL BE SUBJECT TO IMMEDIATE JUDICIAL REVIEW AS PROVIDED IN
SUBDIVISION SEVEN OF THIS SECTION.
(D) THE COMMISSION MAY IN ADDITION, WITHIN ITS DISCRETION, BAR ANY
PERMITTEE, LICENSEE OR REGISTRANT WHOSE LICENSE OR REGISTRATION HAS BEEN
SUSPENDED PURSUANT TO THIS SECTION, FROM ANY EMPLOYMENT BY A LICENSED
STEVEDORE OR A CARRIER OF FREIGHT BY WATER DURING THE PERIOD OF SUCH
SUSPENSION, IF THE ALLEGED CRIME THAT FORMS THE BASIS OF SUCH SUSPENSION
INVOLVES THE POSSESSION WITH INTENT TO DISTRIBUTE, SALE, OR DISTRIBUTION
OF A CONTROLLED DANGEROUS SUBSTANCE (CONTROLLED SUBSTANCE), OR
CONTROLLED DANGEROUS SUBSTANCE ANALOG (CONTROLLED SUBSTANCE ANALOG),
RACKETEERING OR THEFT FROM A PIER OR WATERFRONT TERMINAL.
5. THE COMMISSION, OR SUCH OFFICER, EMPLOYEE OR AGENT OF THE COMMIS-
SION AS MAY BE DESIGNATED BY THE COMMISSION FOR SUCH PURPOSE, SHALL HAVE
S. 8308 51 A. 8808
THE POWER TO ISSUE SUBPOENAS TO COMPEL THE ATTENDANCE OF WITNESSES AND
THE GIVING OF TESTIMONY OR PRODUCTION OF OTHER EVIDENCE AND TO ADMINIS-
TER OATHS IN CONNECTION WITH ANY SUCH HEARING. IT SHALL BE THE DUTY OF
THE COMMISSION OR OF ANY OFFICER, EMPLOYEE OR AGENT OF THE COMMISSION
DESIGNATED BY THE COMMISSION FOR SUCH PURPOSE TO ISSUE SUBPOENAS AT THE
REQUEST OF AND UPON BEHALF OF THE LICENSEE, REGISTRANT OR APPLICANT.
THE COMMISSION OR SUCH PERSON CONDUCTING THE HEARING SHALL NOT BE BOUND
BY COMMON LAW OR STATUTORY RULES OF EVIDENCE OR BY TECHNICAL OR FORMAL
RULES OF PROCEDURE IN THE CONDUCT OF SUCH HEARING.
6. UPON THE CONCLUSION OF THE HEARING, THE COMMISSION SHALL TAKE SUCH
ACTION UPON SUCH FINDINGS AND DETERMINATION AS IT DEEMS PROPER AND SHALL
EXECUTE AN ORDER CARRYING SUCH FINDINGS INTO EFFECT. THE ACTION IN THE
CASE OF AN APPLICATION FOR A LICENSE OR REGISTRATION SHALL BE THE GRANT-
ING OR DENIAL THEREOF. THE ACTION IN THE CASE OF A LICENSEE SHALL BE
REVOCATION OF THE LICENSE OR SUSPENSION THEREOF FOR A FIXED PERIOD OR
REPRIMAND OR A DISMISSAL OF THE CHARGES. THE ACTION IN THE CASE OF A
REGISTERED LONGSHOREMAN SHALL BE DISMISSAL OF THE CHARGES, REPRIMAND OR
REMOVAL FROM THE LONGSHOREMEN'S REGISTER FOR A FIXED PERIOD OR PERMA-
NENTLY.
7. THE ACTION OF THE COMMISSION IN DENYING ANY APPLICATION FOR A
LICENSE OR IN REFUSING TO INCLUDE ANY PERSON IN THE LONGSHOREMEN'S
REGISTER UNDER THIS ACT OR IN SUSPENDING OR REVOKING SUCH LICENSE OR
REMOVING ANY PERSON FROM THE LONGSHOREMEN'S REGISTER OR IN REPRIMANDING
A LICENSEE OR REGISTRANT SHALL BE SUBJECT TO JUDICIAL REVIEW BY A
PROCEEDING INSTITUTED IN THIS STATE AT THE INSTANCE OF THE APPLICANT,
LICENSEE OR REGISTRANT IN THE MANNER PROVIDED BY STATE LAW FOR REVIEW OF
THE FINAL DECISION OR ACTION OF AN AGENCY OF THIS STATE PROVIDED, HOWEV-
ER, THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW THE COURT SHALL HAVE
POWER TO STAY FOR NOT MORE THAN THIRTY DAYS AN ORDER OF THE COMMISSION
SUSPENDING OR REVOKING A LICENSE OR REMOVING A LONGSHOREMAN FROM THE
LONGSHOREMEN'S REGISTER.
8. AT HEARINGS CONDUCTED BY THE COMMISSION PURSUANT TO THIS SECTION,
APPLICANTS, PROSPECTIVE LICENSEES, LICENSEES AND REGISTRANTS SHALL HAVE
THE RIGHT TO BE ACCOMPANIED AND REPRESENTED BY COUNSEL.
9. AFTER THE CONCLUSION OF A HEARING BUT PRIOR TO THE MAKING OF AN
ORDER BY THE COMMISSION, A HEARING MAY, UPON PETITION AND IN THE
DISCRETION OF THE HEARING OFFICER, BE REOPENED FOR THE PRESENTATION OF
ADDITIONAL EVIDENCE. SUCH PETITION TO REOPEN THE HEARING SHALL STATE IN
DETAIL THE NATURE OF THE ADDITIONAL EVIDENCE, TOGETHER WITH THE REASONS
FOR THE FAILURE TO SUBMIT SUCH EVIDENCE PRIOR TO THE CONCLUSION OF THE
HEARING. THE COMMISSION MAY UPON ITS OWN MOTION AND UPON REASONABLE
NOTICE REOPEN A HEARING FOR THE PRESENTATION OF ADDITIONAL EVIDENCE.
UPON PETITION, AFTER THE MAKING OF AN ORDER OF THE COMMISSION, REHEARING
MAY BE GRANTED IN THE DISCRETION OF THE COMMISSION. SUCH A PETITION FOR
REHEARING SHALL STATE IN DETAIL THE GROUNDS UPON WHICH THE PETITION IS
BASED AND SHALL SEPARATELY SET FORTH EACH ERROR OF LAW AND FACT ALLEGED
TO HAVE BEEN MADE BY THE COMMISSION IN ITS DETERMINATION, TOGETHER WITH
THE FACTS AND ARGUMENTS IN SUPPORT THEREOF. SUCH PETITION SHALL BE FILED
WITH THE COMMISSION NOT LATER THAN THIRTY DAYS AFTER SERVICE OF SUCH
ORDER, UNLESS THE COMMISSION FOR GOOD CAUSE SHOWN SHALL OTHERWISE
DIRECT. THE COMMISSION MAY UPON ITS OWN MOTION GRANT A REHEARING AFTER
THE MAKING OF AN ORDER.
§ 534-O. EMPLOYMENT INFORMATION CENTERS. 1. THE COMMISSION SHALL
ESTABLISH AND MAINTAIN ONE OR MORE EMPLOYMENT INFORMATION CENTERS WITHIN
THE PORT OF NEW YORK DISTRICT IN THIS STATE AT SUCH LOCATIONS AS IT MAY
DETERMINE. NO PERSON SHALL, DIRECTLY OR INDIRECTLY, HIRE ANY PERSON FOR
S. 8308 52 A. 8808
WORK AS A LONGSHOREMAN OR PORT WATCHMAN WITHIN THE PORT OF NEW YORK
DISTRICT IN THIS STATE, EXCEPT THROUGH SUCH PARTICULAR EMPLOYMENT INFOR-
MATION CENTER OR CENTERS AS MAY BE PRESCRIBED BY THE COMMISSION. NO
PERSON SHALL ACCEPT ANY EMPLOYMENT AS A LONGSHOREMAN OR PORT WATCHMAN
WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE, EXCEPT THROUGH SUCH
AN EMPLOYMENT INFORMATION CENTER. AT EACH SUCH EMPLOYMENT INFORMATION
CENTER THE COMMISSION SHALL KEEP AND EXHIBIT THE LONGSHOREMEN'S REGISTER
AND ANY OTHER RECORDS IT SHALL DETERMINE TO THE END THAT LONGSHOREMEN
AND PORT WATCHMEN SHALL HAVE THE MAXIMUM INFORMATION AS TO AVAILABLE
EMPLOYMENT AS SUCH AT ANY TIME WITHIN THE PORT OF NEW YORK DISTRICT IN
THIS STATE AND TO THE END THAT EMPLOYERS SHALL HAVE AN ADEQUATE OPPORTU-
NITY TO FILL THEIR REQUIREMENTS OF REGISTERED LONGSHOREMEN AND PORT
WATCHMEN AT ALL TIMES.
2. EVERY EMPLOYER OF LONGSHOREMEN OR PORT WATCHMEN WITHIN THE PORT OF
NEW YORK DISTRICT IN THIS STATE SHALL FURNISH SUCH INFORMATION AS MAY BE
REQUIRED BY THE RULES AND REGULATIONS PRESCRIBED BY THE COMMISSION WITH
REGARD TO THE NAME OF EACH PERSON HIRED AS A LONGSHOREMAN OR PORT WATCH-
MAN, THE TIME AND PLACE OF HIRING, THE TIME, PLACE AND HOURS OF WORK,
AND THE COMPENSATION THEREFOR.
§ 534-P. IMPLEMENTATION OF TELECOMMUNICATIONS HIRING SYSTEM FOR LONG-
SHOREMEN AND CHECKERS; REGISTRATION OF TELECOMMUNICATIONS SYSTEM
CONTROLLER. 1. THE COMMISSION MAY DESIGNATE ONE OF THE EMPLOYMENT INFOR-
MATION CENTERS IT IS AUTHORIZED TO ESTABLISH AND MAINTAIN UNDER SECTION
FIVE HUNDRED THIRTY-FOUR-O OF THIS ARTICLE FOR THE IMPLEMENTATION OF A
TELECOMMUNICATIONS HIRING SYSTEM THROUGH WHICH LONGSHOREMEN AND CHECKERS
MAY BE HIRED AND ACCEPT EMPLOYMENT WITHOUT ANY PERSONAL APPEARANCE AT
SAID CENTER. ANY SUCH TELECOMMUNICATIONS HIRING SYSTEM SHALL INCORPO-
RATE HIRING AND SENIORITY AGREEMENTS BETWEEN THE EMPLOYERS OF LONGSHORE-
MEN AND CHECKERS AND THE LABOR ORGANIZATION REPRESENTING LONGSHOREMEN
AND CHECKERS IN THE PORT OF NEW YORK DISTRICT IN THIS STATE, PROVIDED
SAID AGREEMENTS ARE NOT IN CONFLICT WITH THE PROVISIONS OF THE ARTICLE.
2. THE COMMISSION SHALL PERMIT EMPLOYEES OF THE ASSOCIATION REPRESENT-
ING EMPLOYERS OF LONGSHOREMEN AND CHECKERS AND OF THE LABOR ORGANIZATION
REPRESENTING LONGSHOREMEN AND CHECKERS IN THE PORT OF NEW YORK DISTRICT
IN THIS STATE, OR OF A JOINT BOARD OF SUCH ASSOCIATION AND LABOR ORGAN-
IZATION, TO PARTICIPATE IN THE OPERATION OF SAID TELECOMMUNICATIONS
HIRING SYSTEM, PROVIDED THAT ANY SUCH EMPLOYEE IS REGISTERED BY THE
COMMISSION AS A "TELECOMMUNICATIONS SYSTEM CONTROLLER" IN ACCORDANCE
WITH THE PROVISIONS, STANDARDS AND GROUNDS SET FORTH IN THE ACT WITH
RESPECT TO THE REGISTRATION OF CHECKERS. NO PERSON SHALL ACT AS A
"TELECOMMUNICATIONS SYSTEM CONTROLLER" UNLESS THAT PERSON IS SO REGIS-
TERED. ANY APPLICATION FOR SUCH REGISTRATION AND ANY REGISTRATION MADE
OR ISSUED MAY BE DENIED, REVOKED, OR SUSPENDED, AS THE CASE MAY BE, ONLY
IN THE MANNER PRESCRIBED IN SECTION FIVE HUNDRED THIRTY-FOUR-N OF THIS
ARTICLE. ANY AND ALL SUCH PARTICIPATION IN THE OPERATION OF SAID TELE-
COMMUNICATIONS HIRING SYSTEM SHALL BE MONITORED BY THE COMMISSION.
3. ANY AND ALL RECORDS, DOCUMENTS, TAPES, DISCS AND OTHER DATA
COMPILED, COLLECTED OR MAINTAINED BY SAID ASSOCIATION OF EMPLOYERS,
LABOR ORGANIZATION AND JOINT BOARD OF SUCH ASSOCIATION AND LABOR ORGAN-
IZATION PERTAINING TO THE TELECOMMUNICATIONS HIRING SYSTEM SHALL BE
AVAILABLE FOR INSPECTION, INVESTIGATION AND DUPLICATION BY THE COMMIS-
SION.
§ 534-Q. CONSTRUCTION OF ACT. 1. THIS ACT IS NOT DESIGNED AND SHALL
NOT BE CONSTRUED TO LIMIT IN ANY WAY ANY RIGHTS GRANTED OR DERIVED FROM
ANY OTHER STATUTE OR ANY RULE OF LAW FOR EMPLOYEES TO ORGANIZE IN LABOR
ORGANIZATIONS, TO BARGAIN COLLECTIVELY AND TO ACT IN ANY OTHER WAY INDI-
S. 8308 53 A. 8808
VIDUALLY, COLLECTIVELY, AND THROUGH LABOR ORGANIZATIONS OR OTHER REPRE-
SENTATIVES OF THEIR OWN CHOOSING. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, NOTHING CONTAINED IN THIS ACT SHALL BE CONSTRUED TO LIMIT
IN ANY WAY THE RIGHT OF EMPLOYEES TO STRIKE.
2. THIS ACT IS NOT DESIGNED AND SHALL NOT BE CONSTRUED TO LIMIT IN ANY
WAY ANY RIGHTS OF LONGSHOREMEN, HIRING AGENTS, PIER SUPERINTENDENTS OR
PORT WATCHMEN OR THEIR EMPLOYERS TO BARGAIN COLLECTIVELY AND AGREE UPON
ANY METHOD FOR THE SELECTION OF SUCH EMPLOYEES BY WAY OF SENIORITY,
EXPERIENCE, REGULAR GANGS OR OTHERWISE, PROVIDED THAT SUCH EMPLOYEES
SHALL BE LICENSED OR REGISTERED HEREUNDER AND SUCH LONGSHOREMEN AND PORT
WATCHMEN SHALL BE HIRED ONLY THROUGH THE EMPLOYMENT INFORMATION CENTERS
ESTABLISHED HEREUNDER AND THAT ALL OTHER PROVISIONS OF THIS ACT BE
OBSERVED.
§ 534-R. CERTAIN SOLICITATIONS PROHIBITED; PROHIBITION AGAINST THE
HOLDING OF UNION POSITION BY OFFICERS, AGENTS OR EMPLOYEES WHO HAVE BEEN
CONVICTED OF CERTAIN CRIMES AND OFFENSES. 1. NO PERSON SHALL SOLICIT,
COLLECT OR RECEIVE ANY DUES, ASSESSMENTS, LEVIES, FINES OR CONTRIB-
UTIONS, OR OTHER CHARGES WITHIN THE STATE FOR OR ON BEHALF OF ANY LABOR
ORGANIZATION WHICH REPRESENTS EMPLOYEES REGISTERED OR LICENSED PURSUANT
TO THE PROVISIONS OF THIS ARTICLE OR WHICH DERIVES ITS CHARTER FROM A
LABOR ORGANIZATION REPRESENTING ONE HUNDRED OR MORE OF SUCH REGISTERED
OR LICENSED EMPLOYEES, IF ANY OFFICER, AGENT OR EMPLOYEE OF SUCH LABOR
ORGANIZATION, OR OF A WELFARE FUND OR TRUST ADMINISTERED PARTIALLY OR
ENTIRELY BY SUCH LABOR ORGANIZATION OR BY TRUSTEES OR OTHER PERSONS
DESIGNATED BY SUCH LABOR ORGANIZATION, HAS BEEN CONVICTED BY A COURT OF
THE UNITED STATES, OR ANY STATE OR TERRITORY THEREOF, OF A FELONY, ANY
MISDEMEANOR INVOLVING MORAL TURPITUDE OR ANY CRIME OR OFFENSE ENUMERATED
IN PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-
FOUR-J OF THIS ARTICLE, UNLESS SUCH PERSON HAS BEEN SUBSEQUENTLY
PARDONED THEREFOR BY THE GOVERNOR OR OTHER APPROPRIATE AUTHORITY OF THE
STATE OR JURISDICTION IN WHICH SUCH CONVICTION WAS HAD OR HAS RECEIVED A
CERTIFICATE OF GOOD CONDUCT FROM THE BOARD OF PAROLE PURSUANT TO THE
PROVISIONS OF THE EXECUTIVE LAW TO REMOVE THE DISABILITY. NO PERSON SO
CONVICTED SHALL SERVE AS AN OFFICER, AGENT OR EMPLOYEE OF SUCH LABOR
ORGANIZATION, WELFARE FUND OR TRUST UNLESS SUCH PERSON HAS BEEN SO
PARDONED OR HAS RECEIVED A CERTIFICATE OF GOOD CONDUCT. NO PERSON,
INCLUDING SUCH LABOR ORGANIZATION, WELFARE FUND OR TRUST, SHALL KNOWING-
LY PERMIT SUCH CONVICTED PERSON TO ASSUME OR HOLD ANY OFFICE, AGENCY, OR
EMPLOYMENT IN VIOLATION OF THIS SECTION.
2. AS USED IN THIS SECTION, THE TERM "LABOR ORGANIZATION" SHALL MEAN
AND INCLUDE ANY ORGANIZATION WHICH EXISTS AND IS CONSTITUTED FOR THE
PURPOSE IN WHOLE OR IN PART OF COLLECTIVE BARGAINING, OR OF DEALING WITH
EMPLOYERS CONCERNING GRIEVANCES, TERMS AND CONDITIONS OF EMPLOYMENT, OR
OF OTHER MUTUAL AID OR PROTECTION; BUT IT SHALL NOT INCLUDE A FEDER-
ATION OR CONGRESS OF LABOR ORGANIZATIONS ORGANIZED ON A NATIONAL OR
INTERNATIONAL BASIS EVEN THOUGH ONE OF ITS CONSTITUENT LABOR ORGANIZA-
TIONS MAY REPRESENT PERSONS SO REGISTERED OR LICENSED.
3. ANY PERSON WHO SHALL VIOLATE THIS SECTION SHALL BE GUILTY OF A
MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS
OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR OR BOTH.
4. IF UPON APPLICATION TO THE COMMISSION BY AN EMPLOYEE WHO HAS BEEN
CONVICTED OF A CRIME OR OFFENSE SPECIFIED IN SUBDIVISION ONE OF THIS
SECTION THE COMMISSION, IN ITS DISCRETION, DETERMINES IN AN ORDER THAT
IT WOULD NOT BE CONTRARY TO THE PURPOSES AND OBJECTIVES OF THIS ACT FOR
SUCH EMPLOYEE TO WORK IN A PARTICULAR EMPLOYMENT FOR A LABOR ORGANIZA-
TION, WELFARE FUND OR TRUST WITHIN THE MEANING OF SUBDIVISION TWO OF
S. 8308 54 A. 8808
THIS SECTION, THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION SHALL
NOT APPLY TO THE PARTICULAR EMPLOYMENT OF SUCH EMPLOYEE WITH RESPECT TO
SUCH CONVICTION OR CONVICTIONS AS ARE SPECIFIED IN THE COMMISSION'S
ORDER. THIS SECTION IS APPLICABLE ONLY TO THOSE EMPLOYEES WHO FOR WAGES
OR SALARY PERFORM MANUAL, MECHANICAL, OR PHYSICAL WORK OF A ROUTINE OR
CLERICAL NATURE AT THE PREMISES OF THE LABOR ORGANIZATION, WELFARE FUND
OR TRUST BY WHICH THEY ARE EMPLOYED.
5. NO PERSON WHO HAS BEEN CONVICTED OF A CRIME OR OFFENSE SPECIFIED IN
SUBDIVISION ONE OF THIS SECTION SHALL DIRECTLY OR INDIRECTLY SERVE AS AN
OFFICER, AGENT OR EMPLOYEE OF A LABOR ORGANIZATION, WELFARE FUND OR
TRUST UNLESS SUCH PERSON HAS BEEN SUBSEQUENTLY PARDONED FOR SUCH CRIME
OR OFFENSE BY THE GOVERNOR OR OTHER APPROPRIATE AUTHORITY OF THE STATE
OR JURISDICTION IN WHICH SUCH CONVICTION WAS HAD OR HAS RECEIVED A
CERTIFICATE OF GOOD CONDUCT OR OTHER RELIEF FROM DISABILITIES ARISING
FROM THE FACT OF CONVICTION FROM A BOARD OF PAROLE OR SIMILAR AUTHORITY
OR HAS RECEIVED PURSUANT TO SUBDIVISION ONE OF THIS SECTION AN ORDER OF
EXCEPTION FROM THE COMMISSION. NO PERSON, INCLUDING A LABOR ORGANIZA-
TION, WELFARE FUND OR TRUST WITHIN THE MEANING OF SUBDIVISION ONE OF
THIS SECTION, SHALL KNOWINGLY PERMIT ANY OTHER PERSON TO ASSUME OR HOLD
ANY OFFICE, AGENCY OR EMPLOYMENT IN VIOLATION OF THIS SECTION.
6. THE COMMISSION MAY MAINTAIN A CIVIL ACTION AGAINST ANY PERSON,
LABOR ORGANIZATION, WELFARE FUND OR TRUST OR OFFICERS THEREOF TO COMPEL
COMPLIANCE WITH THIS SECTION, OR TO PREVENT ANY VIOLATIONS, THE AIDING
AND ABETTING THEREOF, OR ANY ATTEMPT OR CONSPIRACY TO VIOLATE THIS
SECTION, EITHER BY MANDAMUS, INJUNCTION OR ACTION OR PROCEEDING IN LIEU
OF PREROGATIVE WRIT AND UPON A PROPER SHOWING A TEMPORARY RESTRAINING
ORDER OR OTHER APPROPRIATE TEMPORARY ORDER SHALL BE GRANTED EX PARTE AND
WITHOUT BOND PENDING FINAL HEARING AND DETERMINATION. NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO MODIFY, LIMIT OR RESTRICT IN ANY WAY THE
PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
§ 534-S. GENERAL VIOLATIONS; PROSECUTIONS; PENALTIES. 1. THE FAILURE
OF ANY WITNESS, WHEN DULY SUBPOENAED TO ATTEND, GIVE TESTIMONY OR
PRODUCE OTHER EVIDENCE, WHETHER OR NOT AT A HEARING, SHALL BE PUNISHABLE
BY THE SUPREME COURT IN NEW YORK IN THE SAME MANNER AS SAID FAILURE IS
PUNISHABLE BY SUCH COURT IN A CASE THEREIN PENDING.
2. ANY PERSON WHO, HAVING BEEN DULY SWORN OR AFFIRMED AS A WITNESS IN
ANY SUCH HEARING, SHALL WILLFULLY GIVE FALSE TESTIMONY OR WHO SHALL
WILLFULLY MAKE OR FILE ANY FALSE OR FRAUDULENT REPORT OR STATEMENT
REQUIRED BY THIS ARTICLE TO BE MADE OR FILED UNDER OATH, SHALL BE GUILTY
OF A MISDEMEANOR, PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND
DOLLARS OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR OR BOTH.
3. ANY PERSON WHO, HAVING BEEN DULY SWORN OR AFFIRMED AS A WITNESS IN
ANY INVESTIGATION, INTERVIEW OR OTHER PROCEEDING CONDUCTED BY THE
COMMISSION PURSUANT TO THE PROVISIONS OF THIS ARTICLE, SHALL WILLFULLY
GIVE FALSE TESTIMONY SHALL BE GUILTY OF A MISDEMEANOR, PUNISHABLE BY A
FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE
THAN ONE YEAR OR BOTH.
4. THE COMMISSION MAY MAINTAIN A CIVIL ACTION ON BEHALF OF THE STATE
AGAINST ANY PERSON WHO VIOLATES OR ATTEMPTS OR CONSPIRES TO VIOLATE THIS
SECTION OR WHO FAILS, OMITS, OR NEGLECTS TO OBEY, OBSERVE, OR COMPLY
WITH ANY ORDER OR DIRECTION OF THE COMMISSION, TO RECOVER A JUDGMENT FOR
A MONEY PENALTY NOT EXCEEDING FIVE HUNDRED DOLLARS FOR EACH AND EVERY
OFFENSE. EVERY VIOLATION OF ANY SUCH PROVISION, ORDER OR DIRECTION,
SHALL BE A SEPARATE AND DISTINCT OFFENSE, AND, IN CASE OF A CONTINUING
VIOLATION, EVERY DAY'S CONTINUANCE SHALL BE AND BE DEEMED TO BE A SEPA-
RATE AND DISTINCT OFFENSE. ANY SUCH ACTION MAY BE COMPROMISED OR
S. 8308 55 A. 8808
DISCONTINUED ON APPLICATION OF THE COMMISSION UPON SUCH TERMS AS THE
COURT MAY APPROVE AND A JUDGMENT MAY BE RENDERED FOR AN AMOUNT LESS THAN
THE AMOUNT DEMANDED IN THE COMPLAINT AS JUSTICE MAY REQUIRE.
5. THE COMMISSION MAY MAINTAIN A CIVIL ACTION AGAINST ANY PERSON TO
COMPEL COMPLIANCE WITH ANY OF THE PROVISIONS OF THIS ACT OR TO PREVENT
VIOLATIONS, ATTEMPTS OR CONSPIRACIES TO VIOLATE ANY SUCH PROVISIONS, OR
INTERFERENCE, ATTEMPTS OR CONSPIRACIES TO INTERFERE WITH OR IMPEDE THE
ENFORCEMENT OF ANY SUCH PROVISIONS OR THE EXERCISE PERFORMANCE OF ANY
POWER OR DUTY THEREUNDER, EITHER BY MANDAMUS, INJUNCTION OR ACTION OR
PROCEEDING IN LIEU OF PREROGATIVE WRIT.
6. ANY PERSON WHO VIOLATES OR ATTEMPTS OR CONSPIRES TO VIOLATE ANY
OTHER PROVISION OF THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR,
PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY IMPRI-
SONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
7. ANY PERSON WHO INTERFERES WITH OR IMPEDES THE ORDERLY REGISTRATION
OF LONGSHOREMEN PURSUANT TO THIS ACT OR WHO CONSPIRES TO OR ATTEMPTS TO
INTERFERE WITH OR IMPEDE SUCH REGISTRATION SHALL BE GUILTY OF A MISDE-
MEANOR, PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY
IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
8. ANY PERSON WHO DIRECTLY OR INDIRECTLY INFLICTS OR THREATENS TO
INFLICT ANY INJURY, DAMAGE, HARM OR LOSS OR IN ANY OTHER MANNER PRAC-
TICES INTIMIDATION UPON OR AGAINST ANY PERSON IN ORDER TO INDUCE OR
COMPEL SUCH PERSON OR ANY OTHER PERSON TO REFRAIN FROM REGISTERING
PURSUANT TO THIS ACT SHALL BE GUILTY OF A MISDEMEANOR, PUNISHABLE BY A
FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY IMPRISONMENT FOR NOT
MORE THAN ONE YEAR, OR BOTH.
9. ANY PERSON WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THIS ARTICLE
OR OF SECTION FIVE HUNDRED THIRTY-FOUR-X OF THIS ARTICLE FOR WHICH NO
OTHER PENALTY IS PRESCRIBED SHALL BE GUILTY OF A MISDEMEANOR, PUNISHA-
BLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY IMPRISONMENT
FOR NOT MORE THAN ONE YEAR, OR BOTH.
10. NO PERSON SHALL, WITHOUT A SATISFACTORY EXPLANATION, LOITER UPON
ANY VESSEL, DOCK, WHARF, PIER, BULKHEAD, TERMINAL, WAREHOUSE, OR OTHER
WATERFRONT FACILITY OR WITHIN FIVE HUNDRED FEET THEREOF IN THAT PORTION
OF THE PORT OF NEW YORK DISTRICT WITHIN THE STATE OF NEW YORK.
11. ANY PERSON WHO, WITHOUT JUSTIFICATION OR EXCUSE IN LAW, DIRECTLY
OR INDIRECTLY INTIMIDATES OR INFLICTS ANY INJURY, DAMAGE, HARM, LOSS OR
ECONOMIC REPRISAL UPON ANY PERSON LICENSED OR REGISTERED BY THE COMMIS-
SION, OR ANY OTHER PERSON, OR ATTEMPTS, CONSPIRES OR THREATENS SO TO
DO, IN ORDER TO INTERFERE WITH, IMPEDE OR INFLUENCE SUCH LICENSED OR
REGISTERED PERSON IN THE PERFORMANCE OR DISCHARGE OF THE PERSON'S DUTIES
OR OBLIGATIONS SHALL BE PUNISHABLE AS PROVIDED IN SUBDIVISION THREE OF
SECTION FIVE HUNDRED THIRTY-FOUR-R OF THIS ARTICLE.
12. IN ANY PROSECUTION UNDER THIS ACT, IT SHALL BE SUFFICIENT TO PROVE
ONLY A SINGLE ACT OR A SINGLE HOLDING OUT OR ATTEMPT PROHIBITED BY LAW,
WITHOUT HAVING TO PROVE A GENERAL COURSE OF CONDUCT, IN ORDER TO PROVE A
VIOLATION.
§ 534-T. DENIAL OF APPLICATIONS. IN ADDITION TO THE GROUNDS ELSEWHERE
SET FORTH IN THIS ARTICLE, THE COMMISSION MAY DENY AN APPLICATION FOR A
LICENSE OR REGISTRATION FOR ANY OF THE FOLLOWING:
1. CONVICTION BY A COURT OF THE UNITED STATES OR ANY STATE OR TERRITO-
RY THEREOF OF COERCION;
2. CONVICTION BY ANY SUCH COURT, AFTER HAVING BEEN PREVIOUSLY
CONVICTED BY ANY SUCH COURT OF ANY CRIME OR OF THE OFFENSES SET FORTH IN
THIS ARTICLE, OF A MISDEMEANOR OR ANY OF THE FOLLOWING OFFENSES:
ASSAULT, MALICIOUS INJURY TO PROPERTY, MALICIOUS MISCHIEF, UNLAWFUL
S. 8308 56 A. 8808
TAKING OF A MOTOR VEHICLE, CORRUPTION OF EMPLOYEES OR POSSESSION OF
LOTTERY OR NUMBER SLIPS;
3. FRAUD, DECEIT OR MISREPRESENTATION IN CONNECTION WITH ANY APPLICA-
TION OR PETITION SUBMITTED TO, OR ANY INTERVIEW, HEARING OR PROCEEDING
CONDUCTED BY THE COMMISSION;
4. VIOLATION OF ANY PROVISION OF THIS ACT OR COMMISSION OF ANY OFFENSE
UNDER THIS ARTICLE;
5. REFUSAL ON THE PART OF ANY APPLICANT, OR PROSPECTIVE LICENSEE, OR
OF ANY MEMBER, OFFICER OR STOCKHOLDER REQUIRED BY SUBDIVISION TWO OF
SECTION FIVE HUNDRED THIRTY-FOUR-G OF THIS ARTICLE TO SIGN OR BE IDENTI-
FIED IN AN APPLICATION FOR A STEVEDORE LICENSE, TO ANSWER ANY MATERIAL
QUESTION OR PRODUCE ANY MATERIAL EVIDENCE IN CONNECTION WITH HIS OR HER
APPLICATION OR ANY APPLICATION MADE ON HIS OR HER BEHALF FOR A LICENSE
OR REGISTRATION PURSUANT TO THIS ARTICLE;
6. ASSOCIATION WITH A PERSON WHO HAS BEEN IDENTIFIED BY A FEDERAL,
STATE, OR LOCAL LAW ENFORCEMENT AGENCY AS A MEMBER OR ASSOCIATE OF AN
ORGANIZED CRIME GROUP, A TERRORIST GROUP, OR A CAREER OFFENDER CARTEL,
OR WHO IS A CAREER OFFENDER, UNDER CIRCUMSTANCES WHERE SUCH ASSOCIATION
CREATES A REASONABLE BELIEF THAT THE PARTICIPATION OF THE APPLICANT IN
ANY ACTIVITY REQUIRED TO BE LICENSED UNDER THIS ARTICLE WOULD BE INIMI-
CAL TO THE POLICIES OF THIS ARTICLE; OR
7. CONVICTION OF A RACKETEERING ACTIVITY OR KNOWING ASSOCIATION WITH A
PERSON WHO HAS BEEN CONVICTED OF A RACKETEERING ACTIVITY BY A COURT OF
THE UNITED STATES OR ANY STATE OR TERRITORY THEREOF UNDER CIRCUMSTANCES
WHERE SUCH ASSOCIATION CREATES A REASONABLE BELIEF THAT THE PARTIC-
IPATION OF THE APPLICANT IN ANY ACTIVITY REQUIRED TO BE LICENSED UNDER
THIS ARTICLE WOULD BE INIMICAL TO THE POLICIES OF THIS ARTICLE.
§ 534-U. REVOCATION OF LICENSES AND REGISTRATIONS. IN ADDITION TO THE
GROUNDS ELSEWHERE SET FORTH IN THIS ARTICLE, ANY LICENSE OR REGISTRATION
ISSUED OR MADE PURSUANT THERETO MAY BE REVOKED OR SUSPENDED FOR SUCH
PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST OR THE LICENSEE OR
REGISTRANT MAY BE REPRIMANDED, FOR:
1. CONVICTION OF ANY CRIME OR OFFENSE IN RELATION TO GAMBLING, BOOK-
MAKING, POOL SELLING, LOTTERIES OR SIMILAR CRIMES OR OFFENSES IF THE
CRIME OR OFFENSE WAS COMMITTED AT OR ON A PIER OR OTHER WATERFRONT
TERMINAL OR WITHIN FIVE HUNDRED FEET THEREOF;
2. WILLFUL COMMISSION OF, OR WILLFUL ATTEMPT TO COMMIT AT OR ON A
WATERFRONT TERMINAL OR ADJACENT HIGHWAY, ANY ACT OF PHYSICAL INJURY TO
ANY OTHER PERSON OR OF WILLFUL DAMAGE TO OR MISAPPROPRIATION OF ANY
OTHER PERSON'S PROPERTY, UNLESS JUSTIFIED OR EXCUSED BY LAW;
3. RECEIPT OR SOLICITATION OF ANYTHING OF VALUE FROM ANY PERSON OTHER
THAN A LICENSEE'S OR REGISTRANT'S EMPLOYER AS CONSIDERATION FOR THE
SELECTION OR RETENTION FOR EMPLOYMENT OF SUCH LICENSEE OR REGISTRANT;
4. COERCION OF A LICENSEE OR REGISTRANT BY THREAT OF DISCRIMINATION OR
VIOLENCE OR ECONOMIC REPRISAL, TO MAKE PURCHASES FROM OR TO UTILIZE THE
SERVICES OF ANY PERSON;
5. REFUSAL TO ANSWER ANY MATERIAL QUESTION OR PRODUCE ANY EVIDENCE
LAWFULLY REQUIRED TO BE ANSWERED OR PRODUCED AT ANY INVESTIGATION,
INTERVIEW OR OTHER PROCEEDING CONDUCTED BY THE COMMISSION PURSUANT TO
THE PROVISIONS OF THIS ACT, OR, IF SUCH REFUSAL IS ACCOMPANIED BY A
VALID PLEA OF PRIVILEGE AGAINST SELF-INCRIMINATION, REFUSAL TO OBEY AN
ORDER TO ANSWER SUCH QUESTION OR PRODUCE SUCH EVIDENCE MADE BY THE
COMMISSION PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OF SECTION FIVE
HUNDRED THIRTY-FOUR-V OF THIS ARTICLE;
6. ASSOCIATION WITH A PERSON WHO HAS BEEN IDENTIFIED BY A FEDERAL,
STATE, OR LOCAL LAW ENFORCEMENT AGENCY AS A MEMBER OR ASSOCIATE OF AN
S. 8308 57 A. 8808
ORGANIZED CRIME GROUP, A TERRORIST GROUP, OR A CAREER OFFENDER CARTEL,
OR WHO IS A CAREER OFFENDER, UNDER CIRCUMSTANCES WHERE SUCH ASSOCIATION
CREATES A REASONABLE BELIEF THAT THE PARTICIPATION OF THE APPLICANT IN
ANY ACTIVITY REQUIRED TO BE LICENSED UNDER THIS ACT WOULD BE INIMICAL TO
THE POLICIES OF THIS ARTICLE; OR
7. CONVICTION OF A RACKETEERING ACTIVITY OR KNOWING ASSOCIATION WITH A
PERSON WHO HAS BEEN CONVICTED OF A RACKETEERING ACTIVITY BY A COURT OF
THE UNITED STATES OR ANY STATE OR TERRITORY THEREOF UNDER CIRCUMSTANCES
WHERE SUCH ASSOCIATION CREATES A REASONABLE BELIEF THAT THE PARTIC-
IPATION OF THE APPLICANT IN ANY ACTIVITY REQUIRED TO BE LICENSED UNDER
THIS ACT WOULD BE INIMICAL TO THE POLICIES OF THIS ARTICLE.
§ 534-V. REFUSAL TO ANSWER QUESTION, IMMUNITY; PROSECUTION. 1. IN ANY
INVESTIGATION, INTERVIEW OR OTHER PROCEEDING CONDUCTED UNDER OATH BY THE
COMMISSION OR ANY DULY AUTHORIZED OFFICER, EMPLOYEE OR AGENT THEREOF, IF
A PERSON REFUSES TO ANSWER A QUESTION OR PRODUCE EVIDENCE OF ANY OTHER
KIND ON THE GROUND THAT THE PERSON MAY BE INCRIMINATED THEREBY, AND,
NOTWITHSTANDING SUCH REFUSAL, AN ORDER IS MADE UPON TWENTY-FOUR HOURS'
PRIOR WRITTEN NOTICE TO THE ATTORNEY GENERAL OF THE STATE OF NEW YORK,
AND TO THE APPROPRIATE DISTRICT ATTORNEY OR PROSECUTOR HAVING AN OFFI-
CIAL INTEREST THEREIN, BY THE COMMISSIONER OR BY THE COMMISSIONER'S
DESIGNEES APPOINTED PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF
SECTION FIVE HUNDRED THIRTY-FOUR-C OF THIS ARTICLE, THAT SUCH PERSON
ANSWER THE QUESTION OR PRODUCE THE EVIDENCE, SUCH PERSON SHALL COMPLY
WITH THE ORDER. IF SUCH PERSON COMPLIES WITH THE ORDER, AND IF, BUT FOR
THIS SUBDIVISION, WOULD HAVE BEEN PRIVILEGED TO WITHHOLD THE ANSWER
GIVEN OR THE EVIDENCE PRODUCED BY THE PERSON, THEN IMMUNITY SHALL BE
CONFERRED UPON THE PERSON, AS PROVIDED FOR IN THIS SECTION. "IMMUNITY"
AS USED IN THIS SUBDIVISION MEANS THAT SUCH PERSON SHALL NOT BE PROSE-
CUTED OR SUBJECTED TO ANY PENALTY OR FORFEITURE FOR OR ON ACCOUNT OF ANY
TRANSACTION, MATTER OR THING CONCERNING WHICH, IN ACCORDANCE WITH THE
ORDER BY THE COMMISSION OR THE COMMISSIONER'S DESIGNEES APPOINTED PURSU-
ANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION FIVE HUNDRED THIR-
TY-FOUR-C OF THIS ARTICLE, SUCH PERSON GAVE ANSWER OR PRODUCED EVIDENCE,
AND THAT NO SUCH ANSWER GIVEN OR EVIDENCE PRODUCED SHALL BE RECEIVED
AGAINST THE PERSON UPON ANY CRIMINAL PROCEEDING. BUT THE PERSON MAY
NEVERTHELESS BE PROSECUTED OR SUBJECTED TO PENALTY OR FORFEITURE FOR ANY
PERJURY OR CONTEMPT COMMITTED IN ANSWERING, OR FAILING TO ANSWER, OR IN
PRODUCING OR FAILING TO PRODUCE EVIDENCE, IN ACCORDANCE WITH THE ORDER,
AND ANY SUCH ANSWER GIVEN OR EVIDENCE PRODUCED SHALL BE ADMISSIBLE
AGAINST THE PERSON UPON ANY CRIMINAL PROCEEDING CONCERNING SUCH PERJURY
OR CONTEMPT. IMMUNITY SHALL NOT BE CONFERRED UPON ANY PERSON EXCEPT IN
ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION. IF, AFTER COMPLI-
ANCE WITH THE PROVISIONS OF THIS SUBDIVISION, A PERSON IS ORDERED TO
ANSWER A QUESTION OR PRODUCE EVIDENCE OF ANY OTHER KIND AND COMPLIES
WITH SUCH ORDER, AND IT IS THEREAFTER DETERMINED THAT THE ATTORNEY
GENERAL OR APPROPRIATE DISTRICT ATTORNEY OR PROSECUTOR HAVING AN OFFI-
CIAL INTEREST THEREIN NOT NOTIFIED, SUCH FAILURE OR NEGLECT SHALL NOT
DEPRIVE SUCH PERSON OF ANY IMMUNITY OTHERWISE PROPERLY CONFERRED UPON
THE PERSON.
2. IF A PERSON, IN OBEDIENCE TO A SUBPOENA DIRECTING THE PERSON TO
ATTEND AND TESTIFY, COMES INTO THIS STATE FROM ANOTHER STATE, THE PERSON
SHALL NOT, WHILE IN THIS STATE PURSUANT TO SUCH SUBPOENA, BE SUBJECT TO
ARREST OR THE SERVICE OF PROCESS, CIVIL OR CRIMINAL, IN CONNECTION WITH
MATTERS WHICH AROSE BEFORE THE PERSON'S ENTRANCE INTO THIS STATE UNDER
THE SUBPOENA.
S. 8308 58 A. 8808
§ 534-W. ANNUAL PREPARATION OF A BUDGET REQUEST AND ASSESSMENTS. 1.
THE COMMISSION SHALL ANNUALLY SUBMIT A BUDGET REQUEST, WHICH SHALL BE
SUBMITTED TO THE DIRECTOR OF THE BUDGET IN SUCH FORM AS THE DIRECTOR MAY
REQUIRE.
2. AFTER TAKING INTO ACCOUNT SUCH FUNDS AS MAY BE AVAILABLE, THE
BALANCE OF THE COMMISSION'S BUDGETED EXPENSES SHALL BE ASSESSED UPON
EMPLOYERS OF PERSONS REGISTERED OR LICENSED UNDER THIS ACT. EACH SUCH
EMPLOYER SHALL PAY AN ASSESSMENT COMPUTED UPON THE GROSS PAYROLL
PAYMENTS MADE BY SUCH EMPLOYER TO LONGSHOREMEN, PIER SUPERINTENDENTS,
HIRING AGENTS AND PORT WATCHMEN FOR WORK OR LABOR PERFORMED WITHIN THE
PORT OF NEW YORK DISTRICT IN THIS STATE, AT A RATE, NOT IN EXCESS OF TWO
PER CENT, COMPUTED BY THE COMMISSION IN THE FOLLOWING MANNER: THE
COMMISSION SHALL ANNUALLY ESTIMATE THE GROSS PAYROLL PAYMENTS TO BE MADE
BY EMPLOYERS SUBJECT TO ASSESSMENT AND SHALL COMPUTE A RATE THEREON
WHICH WILL YIELD REVENUES SUFFICIENT TO FINANCE THE COMMISSION'S BUDGET
FOR EACH YEAR. SUCH BUDGET TO BE ASSESSED UPON EMPLOYERS MAY INCLUDE A
REASONABLE AMOUNT NOT TO EXCEED TEN PERCENT OF THE TOTAL OF ALL OTHER
ITEMS OF EXPENDITURE CONTAINED THEREIN, WHICH SHALL BE ALLOCATED TO AN
APPLICABLE FUND BALANCE TO BE HELD IN THE COMMISSION'S EMPLOYERS ASSESS-
MENT ACCOUNT.
3. THE COMMISSION MAY PROVIDE BY REGULATION FOR THE COLLECTION AND
AUDITING OF ASSESSMENTS. SUCH ASSESSMENTS SHALL BE PAYABLE PURSUANT TO
SUCH PROVISIONS FOR ADMINISTRATION, COLLECTION AND ENFORCEMENT AS THE
STATE MAY PROVIDE BY LEGISLATION. IN ADDITION TO ANY OTHER SANCTION
PROVIDED BY LAW, THE COMMISSION MAY REVOKE OR SUSPEND ANY LICENSE HELD
BY ANY PERSON UNDER THIS ARTICLE, OR THE PERSON'S PRIVILEGE OF EMPLOYING
PERSONS REGISTERED OR LICENSED HEREUNDER, FOR NON-PAYMENT OF ANY ASSESS-
MENT WHEN DUE.
4. THE ASSESSMENT PURSUANT TO THIS SECTION SHALL BE IN LIEU OF ANY
OTHER CHARGE FOR THE ISSUANCE OF LICENSES TO STEVEDORES, PIER SUPER-
INTENDENTS, HIRING AGENTS AND PIER WATCHMEN OR FOR THE REGISTRATION OF
LONGSHOREMEN OR THE USE OF AN EMPLOYMENT INFORMATION CENTER. THE
COMMISSION SHALL ESTABLISH REASONABLE PROCEDURES FOR THE CONSIDERATION
OF PROTESTS BY AFFECTED EMPLOYERS CONCERNING THE ESTIMATES AND COMPUTA-
TION OF THE RATE OF ASSESSMENT.
§ 534-X. PAYMENT OF ASSESSMENT. 1. EVERY PERSON SUBJECT TO THE
PAYMENT OF ANY ASSESSMENT UNDER THE PROVISIONS OF SECTION FIVE HUNDRED
THIRTY-FOUR-W OF THIS ARTICLE SHALL FILE ON OR BEFORE THE FIFTEENTH DAY
OF THE FIRST MONTH OF EACH CALENDAR QUARTER-YEAR A SEPARATE RETURN,
TOGETHER WITH THE PAYMENT OF THE ASSESSMENT DUE, FOR THE PRECEDING
CALENDAR QUARTER-YEAR DURING WHICH ANY PAYROLL PAYMENTS WERE MADE TO
LONGSHOREMEN, PIER SUPERINTENDENTS, HIRING AGENTS OR PORT WATCHMEN FOR
WORK PERFORMED AS SUCH WITHIN THE PORT OF NEW YORK DISTRICT IN THIS
STATE. RETURNS COVERING THE AMOUNT OF ASSESSMENT PAYABLE SHALL BE FILED
WITH THE COMMISSION ON FORMS TO BE FURNISHED FOR SUCH PURPOSE AND SHALL
CONTAIN SUCH DATA, INFORMATION OR MATTER AS THE COMMISSION MAY REQUIRE
TO BE INCLUDED THEREIN. THE COMMISSION MAY GRANT A REASONABLE EXTENSION
OF TIME FOR FILING RETURNS, OR FOR THE PAYMENT OF ASSESSMENT, WHENEVER
GOOD CAUSE EXISTS. EVERY RETURN SHALL HAVE ANNEXED THERETO A CERTIF-
ICATION TO THE EFFECT THAT THE STATEMENTS CONTAINED THEREIN ARE TRUE.
2. EVERY PERSON SUBJECT TO THE PAYMENT OF ASSESSMENT HEREUNDER SHALL
KEEP AN ACCURATE RECORD OF THAT PERSON'S EMPLOYMENT OF LONGSHOREMEN,
PIER SUPERINTENDENTS, HIRING AGENTS OR PORT WATCHMEN, WHICH SHALL SHOW
THE AMOUNT OF COMPENSATION PAID AND SUCH OTHER INFORMATION AS THE
COMMISSION MAY REQUIRE. SUCH RECORDS SHALL BE PRESERVED FOR A PERIOD OF
THREE YEARS AND BE OPEN FOR INSPECTION AT REASONABLE TIMES. THE COMMIS-
S. 8308 59 A. 8808
SION MAY CONSENT TO THE DESTRUCTION OF ANY SUCH RECORDS AT ANY TIME
AFTER SAID PERIOD OR MAY REQUIRE THAT THEY BE KEPT LONGER, BUT NOT IN
EXCESS OF SIX YEARS.
3. (A) THE COMMISSION SHALL AUDIT AND DETERMINE THE AMOUNT OF ASSESS-
MENT DUE FROM THE RETURN FILED AND SUCH OTHER INFORMATION AS IS AVAIL-
ABLE TO IT. WHENEVER A DEFICIENCY IN PAYMENT OF THE ASSESSMENT IS
DETERMINED THE COMMISSION SHALL GIVE NOTICE OF ANY SUCH DETERMINATION TO
THE PERSON LIABLE THEREFOR. SUCH DETERMINATION SHALL FINALLY AND CONCLU-
SIVELY FIX THE AMOUNT DUE, UNLESS THE PERSON AGAINST WHOM IT IS ASSESSED
SHALL, WITHIN THIRTY DAYS AFTER THE GIVING OF NOTICE OF SUCH DETERMI-
NATION, APPLY IN WRITING TO THE COMMISSION FOR A HEARING, OR UNLESS THE
COMMISSION ON ITS OWN MOTION SHALL REDUCE THE SAME. AFTER SUCH HEARING,
THE COMMISSION SHALL GIVE NOTICE OF ITS DECISION TO THE PERSON LIABLE
THEREFOR. A DETERMINATION OF THE COMMISSION UNDER THIS SECTION SHALL BE
SUBJECT TO JUDICIAL REVIEW, IF APPLICATION FOR SUCH REVIEW IS MADE WITH-
IN THIRTY DAYS AFTER THE GIVING OF NOTICE OF SUCH DECISION. ANY DETER-
MINATION UNDER THIS SECTION SHALL BE MADE WITHIN FIVE YEARS FROM THE
TIME THE RETURN WAS FILED AND IF NO RETURN WAS FILED SUCH DETERMINATION
MAY BE MADE AT ANY TIME.
(B) ANY NOTICE AUTHORIZED OR REQUIRED UNDER THIS SECTION MAY BE GIVEN
BY MAILING THE SAME TO THE PERSON FOR WHOM IT IS INTENDED AT THE LAST
ADDRESS GIVEN BY THAT PERSON TO THE COMMISSION, OR IN THE LAST RETURN
FILED BY THAT PERSON WITH THE COMMISSION UNDER THIS SECTION, OR, IF NO
RETURN HAS BEEN FILED THEN TO SUCH ADDRESS AS MAY BE OBTAINABLE. THE
MAILING OF SUCH NOTICE SHALL BE PRESUMPTIVE EVIDENCE OF THE RECEIPT OF
SAME BY THE PERSON TO WHOM ADDRESSED. ANY PERIOD OF TIME, WHICH IS
DETERMINED ACCORDING TO THE PROVISIONS OF THIS SECTION, FOR THE GIVING
OF NOTICE SHALL COMMENCE TO RUN FROM THE DATE OF MAILING OF SUCH NOTICE.
4. WHENEVER ANY PERSON SHALL FAIL TO PAY, WITHIN THE TIME LIMITED
HEREIN, ANY ASSESSMENT WHICH THE PERSON IS REQUIRED TO PAY TO THE
COMMISSION UNDER THE PROVISIONS OF THIS SECTION THE COMMISSION MAY
ENFORCE PAYMENT OF SUCH FEE BY CIVIL ACTION FOR THE AMOUNT OF SUCH
ASSESSMENT WITH INTEREST AND PENALTIES.
5. THE EMPLOYMENT BY A NONRESIDENT OF A LONGSHOREMAN, OR A LICENSED
PIER SUPERINTENDENT, HIRING AGENT OR PORT WATCHMAN IN THIS STATE OR THE
DESIGNATION BY A NONRESIDENT OF A LONGSHOREMAN, PIER SUPERINTENDENT,
HIRING AGENT OR PORT WATCHMAN TO PERFORM WORK IN THIS STATE SHALL BE
DEEMED EQUIVALENT TO AN APPOINTMENT BY SUCH NONRESIDENT OF THE SECRETARY
OF STATE TO BE THE NONRESIDENT'S TRUE AND LAWFUL ATTORNEY UPON WHOM MAY
BE SERVED THE PROCESS IN ANY ACTION OR PROCEEDING AGAINST THE NONRESI-
DENT GROWING OUT OF ANY LIABILITY FOR ASSESSMENTS, PENALTIES OR INTER-
EST, AND A CONSENT THAT ANY SUCH PROCESS AGAINST THE NONRESIDENT WHICH
IS SO SERVED SHALL BE OF THE SAME LEGAL FORCE AND VALIDITY AS IF SERVED
PERSONALLY WITHIN THE STATE AND WITHIN THE TERRITORIAL JURISDICTION OF
THE COURT FROM WHICH THE PROCESS ISSUES. SERVICE OF PROCESS WITHIN THIS
STATE SHALL BE MADE BY EITHER:
(A) PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY OF STATE
DUPLICATE COPIES THEREOF AT THE OFFICE OF THE DEPARTMENT OF STATE, IN
WHICH EVENT THE SECRETARY OF STATE SHALL FORTHWITH SEND BY REGISTERED
MAIL ONE OF SUCH COPIES TO THE PERSON AT THE LAST ADDRESS DESIGNATED BY
THE PERSON TO THE COMMISSION FOR ANY PURPOSE UNDER THIS SECTION OR IN
THE LAST RETURN FILED BY THE PERSON UNDER THIS SECTION WITH THE COMMIS-
SION OR AS SHOWN ON THE RECORDS OF THE COMMISSION, OR IF NO RETURN HAS
BEEN FILED, AT THE PERSON'S LAST KNOWN OFFICE ADDRESS WITHIN OR OUTSIDE
OF THE STATE; OR
S. 8308 60 A. 8808
(B) PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY OF STATE A
COPY THEREOF AT THE OFFICE OF THE DEPARTMENT OF STATE AND BY DELIVERING
A COPY THEREOF TO THE PERSON, PERSONALLY OUTSIDE OF THE STATE. PROOF OF
SUCH PERSONAL SERVICE OUTSIDE OF THE STATE SHALL BE FILED WITH THE
CLERK OF THE COURT IN WHICH THE PROCESS IS PENDING WITHIN THIRTY DAYS
AFTER SUCH SERVICE AND SUCH SERVICE SHALL BE COMPLETE TEN DAYS AFTER
PROOF THEREOF IS FILED.
6. WHENEVER THE COMMISSION SHALL DETERMINE THAT ANY MONEYS RECEIVED AS
ASSESSMENTS WERE PAID IN ERROR, IT MAY CAUSE THE SAME TO BE REFUNDED,
PROVIDED AN APPLICATION THEREFOR IS FILED WITH THE COMMISSION WITHIN TWO
YEARS FROM THE TIME THE ERRONEOUS PAYMENT WAS MADE.
7. IN ADDITION TO ANY OTHER POWERS AUTHORIZED HEREUNDER, THE COMMIS-
SION SHALL HAVE POWER TO PROMULGATE REASONABLE RULES AND REGULATIONS TO
EFFECTUATE THE PURPOSES OF THIS SECTION.
8. ANY PERSON WHO SHALL WILLFULLY FAIL TO PAY ANY ASSESSMENT DUE HERE-
UNDER, SHALL BE ASSESSED INTEREST AT A RATE OF ONE PERCENT PER MONTH ON
THE AMOUNT DUE AND UNPAID AND PENALTIES OF FIVE PERCENT OF THE AMOUNT
DUE FOR EACH THIRTY DAYS OR PART THEREOF THAT THE ASSESSMENT REMAINS
UNPAID. THE COMMISSION, MAY, FOR GOOD CAUSE SHOWN, ABATE ALL OR PART OF
SUCH PENALTY.
9. ANY PERSON WHO SHALL WILLFULLY FURNISH FALSE OR FRAUDULENT INFORMA-
TION OR SHALL WILLFULLY FAIL TO FURNISH PERTINENT INFORMATION, AS
REQUIRED, WITH RESPECT TO THE AMOUNT OF ASSESSMENT DUE, SHALL BE GUILTY
OF A MISDEMEANOR, PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND
DOLLARS, OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
10. ALL FUNDS OF THE COMMISSION RECEIVED AS PAYMENT OF ANY ASSESSMENT
OR PENALTY UNDER THIS SECTION SHALL BE DEPOSITED WITH THE COMPTROLLER.
THE COMPTROLLER MAY REQUIRE THAT ALL SUCH DEPOSITS BE SECURED BY OBLI-
GATIONS OF THE UNITED STATES OR OF THE STATE OF NEW YORK OF A MARKET
VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF THE DEPOSITS, AND ALL BANKS
AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SUCH SECURITY FOR SUCH
DEPOSITS.
11. THE COMMISSION SHALL REIMBURSE THE STATE FOR ANY FUNDS ADVANCED TO
THE COMMISSION EXCLUSIVE OF SUMS APPROPRIATED PURSUANT TO SECTION FIVE
HUNDRED THIRTY-FOUR-W OF THIS ARTICLE.
§ 534-Y. TRANSFER OF OFFICERS, EMPLOYEES. 1. ANY OFFICER OR EMPLOYEE
IN THE STATE, COUNTY OR MUNICIPAL CIVIL SERVICE IN EITHER STATE WHO
SHALL TRANSFER TO SERVICE WITH THE COMMISSION MAY BE GIVEN ONE OR MORE
LEAVES OF ABSENCE WITHOUT PAY AND MAY, BEFORE THE EXPIRATION OF
SUCH LEAVE OR LEAVES OF ABSENCE, AND WITHOUT FURTHER EXAMINATION OR
QUALIFICATION, RETURN TO THE PERSON'S FORMER POSITION OR BE CERTIFIED
BY THE APPROPRIATE CIVIL SERVICE AGENCY FOR RETRANSFER TO A COMPA-
RABLE POSITION IN SUCH STATE, COUNTY, OR MUNICIPAL CIVIL SERVICE IF
SUCH A POSITION IS THEN AVAILABLE.
2. THE COMMISSION MAY, BY AGREEMENT WITH ANY FEDERAL AGENCY FROM WHICH
ANY OFFICER OR EMPLOYEE MAY TRANSFER TO SERVICE WITH THE COMMISSION,
MAKE SIMILAR PROVISION FOR THE RETRANSFER OF SUCH OFFICER OR EMPLOYEE TO
SUCH FEDERAL AGENCY.
3. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW IN EITHER STATE,
ANY OFFICER OR EMPLOYEE IN THE STATE, COUNTY OR MUNICIPAL SERVICE IN
EITHER STATE WHO SHALL TRANSFER TO SERVICE WITH THE COMMISSION AND WHO
IS A MEMBER OF ANY EXISTING STATE, COUNTY OR MUNICIPAL PENSION OR
RETIREMENT SYSTEM IN NEW JERSEY OR NEW YORK, SHALL CONTINUE TO HAVE ALL
RIGHTS, PRIVILEGES, OBLIGATIONS AND STATUS WITH RESPECT TO SUCH FUND,
SYSTEM OR SYSTEMS AS IF THE PERSON HAD CONTINUED IN THE PERSON'S STATE,
COUNTY OR MUNICIPAL OFFICE OR EMPLOYMENT, BUT DURING THE PERIOD OF THE
S. 8308 61 A. 8808
PERSON'S SERVICE AS A COMMISSIONER, OFFICER OR EMPLOYEE OF THE COMMIS-
SION, ALL CONTRIBUTIONS TO ANY PENSION OR RETIREMENT FUND OR SYSTEM TO
BE PAID BY THE EMPLOYER ON ACCOUNT OF SUCH COMMISSIONER, OFFICER OR
EMPLOYEE, SHALL BE PAID BY THE COMMISSION. THE COMMISSION MAY, BY
AGREEMENT WITH THE APPROPRIATE FEDERAL AGENCY, MAKE SIMILAR PROVISIONS
RELATING TO CONTINUANCE OF RETIREMENT SYSTEM MEMBERSHIP FOR ANY FEDERAL
OFFICER OR EMPLOYEE SO TRANSFERRED.
§ 3. Paragraphs (h) and (k) of subdivision 34 of section 1.20 of the
criminal procedure law, as amended by chapter 187 of the laws of 2023,
are amended to read as follows:
(h) An investigator employed by THE NEW YORK WATERFRONT COMMISSION OR
a commission created by an interstate compact[, or by section six of
chapter eight hundred eighty-two of the laws of nineteen hundred fifty-
three, constituting the waterfront commission act, as amended,] who is,
to a substantial extent, engaged in the enforcement of the criminal laws
of this state;
(k) A sworn officer of THE NEW YORK WATERFRONT COMMISSION OR a police
force of a public authority created by an interstate compact[, or by
section six of chapter eight hundred eighty-two of the laws of nineteen
hundred fifty-three, constituting the waterfront commission act, as
amended,] where such force is certified in accordance with paragraph (d)
of subdivision one of section eight hundred forty-six-h of the executive
law;
§ 4. Subdivision 34 of section 2.10 of the criminal procedure law, as
added by chapter 843 of the laws of 1980, is amended to read as follows:
34. NEW YORK Waterfront [and airport] investigators, pursuant to
[subdivision four of section ninety-nine hundred six of the unconsol-
idated laws] ARTICLE NINETEEN-I OF THE EXECUTIVE LAW; provided, however,
that nothing in this subdivision shall be deemed to authorize such offi-
cer to carry, possess, repair or dispose of a firearm unless the appro-
priate license therefor has been issued pursuant to section 400.00 of
the penal law.
§ 5. Paragraph k of subdivision 11 of section 302 of the retirement
and social security law, as added by chapter 187 of the laws of 2023, is
amended to read as follows:
k. Service as an investigator or sworn officer of the NEW YORK WATER-
FRONT COMMISSION OR THE waterfront commission of New York harbor [or the
commission created by section six of chapter eight hundred eighty-two of
the laws of nineteen hundred fifty-three, constituting the waterfront
commission act, as amended].
§ 6. Subdivision a and subparagraph (ii) of paragraph 1 of subdivision
c section 381-b of the retirement and social security law, as amended by
chapter 187 of the laws of 2023, are amended to read as follows:
a. Membership. Every member or officer of the division of state police
in the executive department who enters or re-enters service in the divi-
sion on or after April first, nineteen hundred sixty-nine, and every
investigator or sworn officer employed by the commission created by
section six of chapter eight hundred eighty-two of the laws of nineteen
hundred fifty-three, constituting the waterfront commission act, as
amended, on or after July first, two thousand twenty-three, AND EVERY
INVESTIGATOR OR SWORN OFFICER EMPLOYED BY THE NEW YORK WATERFRONT
COMMISSION IN THE EXECUTIVE DEPARTMENT shall be covered by the
provisions of this section, and every member or officer of the division
of state police in the executive department in such service on such date
may elect to be covered by the provisions of this section by filing an
election therefor with the comptroller on or before March thirty-first,
S. 8308 62 A. 8808
nineteen hundred seventy-two. To be effective, such election must be
duly executed and acknowledged on a form prepared by the comptroller for
that purpose.
(ii) for service rendered as an investigator or sworn officer of the
waterfront commission of New York harbor, FOR SERVICE RENDERED AS AN
INVESTIGATOR OR SWORN OFFICER OF THE NEW YORK WATERFRONT COMMISSION,
[and] for service rendered as an investigator-trainee of the waterfront
commission of New York harbor, AND FOR SERVICE RENDERED AS AN INVESTIGA-
TOR-TRAINEE OF THE NEW YORK WATERFRONT COMMISSION, that was creditable
under subdivision w of section three hundred eighty-four-d of this arti-
cle; and
§ 7. Subdivision w of section 384-d of the retirement and social secu-
rity law, as added by chapter 407 of the laws of 2000, is amended to
read as follows:
w. Notwithstanding any other provision of law to the contrary, any
member of the New York state and local police and fire retirement system
who was a member of the New York state and local employees' retirement
system while employed as an investigator-trainee, Waterfront Commission
of New York Harbor OR THE NEW YORK WATERFRONT COMMISSION, which [is] ARE
not deemed to be police service, who [is] ARE employed by the NEW YORK
Waterfront Commission [of New York Harbor], which is an employer elect-
ing to participate in the optional twenty year retirement plan pursuant
to this section shall be deemed to have provided police service while so
employed by the Waterfront Commission of New York Harbor OR THE NEW YORK
WATERFRONT COMMISSION and shall receive creditable service in the New
York state and local police and fire retirement system for prior credit-
able service in the New York state and local employees' retirement
system earned while employed as an investigator-trainee and shall have
the period of such prior service credit counted as police service for
the purpose of determining the amount of their pension and retirement
allowance and period of service needed for retirement.
§ 8. Paragraph (c) of subdivision 1 of section 5 of the tax law, as
amended by chapter 170 of the laws of 1994, is amended to read as
follows:
(c) "Covered agency" shall mean the state of New York, any county of
the state of New York, any department, board, bureau, commission, divi-
sion, office, council or agency of the state or any such county, a
public authority, a public benefit corporation, the port authority of
New York and New Jersey or the waterfront commission of New York harbor.
When a county is wholly included within a city, then the term "county"
shall be read to include the city. "COVERED AGENCY" SHALL ALSO INCLUDE
THE NEW YORK WATERFRONT COMMISSION.
§ 9. Paragraph 8 of subdivision c of section 1105 of the tax law, as
added by chapter 190 of the laws of 1990, is amended to read as follows:
(8) Protective and detective services, including, but not limited to,
all services provided by or through alarm or protective systems of every
nature, including, but not limited to, protection against burglary,
theft, fire, water damage or any malfunction of industrial processes or
any other malfunction of or damage to property or injury to persons,
detective agencies, armored car services and guard, patrol and watchman
services of every nature other than the performance of such services by
a port watchman licensed by the NEW YORK WATERFRONT COMMISSION OR THE
waterfront commission of New York harbor, whether or not tangible
personal property is transferred in conjunction therewith.
§ 10. This act shall take effect June 30, 2024.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
S. 8308 63 A. 8808
This bill would create the New York Waterfront Commission and revise
the Retirement and Social Security Law to make permanent the changes of
Chapter 187 Laws of 2023, which added the titles of investigator and
sworn officer employed by the Waterfront Commission Act, to the defi-
nition of membership in Section 381-b including making such service
creditable under RSSL §381-b, and further expand creditable service to
include service as an investigator-trainee.
If this bill is enacted during the 2024 Legislative Session, we do not
anticipate any additional cost to the State of New York or the partic-
ipating employers in the New York State and Local Police and Fire
Retirement System.
To the extent that new members gain coverage under Section 381-b of
the RSSL, we anticipate a contribution of 26.4% of salary paid to newly
eligible members for the fiscal year ending March 31, 2025. In future
years, this cost will vary but is expected to average 20.6% of salary
annually.
The exact number of current members as well as future members who
could be affected by this legislation cannot be readily determined.
Summary of relevant resources:
Membership data as of March 31, 2023 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2023 actuari-
al valuation. Distributions and other statistics can be found in the
2023 Report of the Actuary and the 2023 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2023
Annual Report to the Comptroller on Actuarial Assumptions, and the
Codes, Rules and Regulations of the State of New York: Audit and
Control.
The Market Assets and GASB Disclosures are found in the March 31, 2023
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated January 13, 2024, and intended for use only
during the 2024 Legislative Session, is Fiscal Note No. 2024-082,
prepared by the Actuary for the New York State and Local Retirement
System.
PART M
Section 1. Section 2 of part DDD of chapter 55 of the laws of 2021
amending the public authorities law relating to the clean energy
resources development and incentives program, is amended to read as
follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed [three years after such date] APRIL 19, 2030; provided
however, that the amendments to section 1902 of the public authorities
law made by section one of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.
§ 2. This act shall take effect immediately.
PART N
S. 8308 64 A. 8808
Section 1. Expenditures of moneys by the New York state energy
research and development authority for services and expenses of the
energy research, development and demonstration program, including
grants, the energy policy and planning program, and the Fuel NY program
shall be subject to the provisions of this section. Notwithstanding the
provisions of subdivision 4-a of section 18-a of the public service law,
all moneys committed or expended in an amount not to exceed $28,725,000
shall be reimbursed by assessment against gas corporations, as defined
in subdivision 11 of section 2 of the public service law and electric
corporations as defined in subdivision 13 of section 2 of the public
service law, where such gas corporations and electric corporations have
gross revenues from intrastate utility operations in excess of $500,000
in the preceding calendar year, and the total amount assessed shall be
allocated to each electric corporation and gas corporation in proportion
to its intrastate electricity and gas revenues in the calendar year
2022. Such amounts shall be excluded from the general assessment
provisions of subdivision 2 of section 18-a of the public service law.
The chair of the public service commission shall bill such gas and/or
electric corporations for such amounts on or before August 10, 2024 and
such amounts shall be paid to the New York state energy research and
development authority on or before September 10, 2024. Upon receipt,
the New York state energy research and development authority shall
deposit such funds in the energy research and development operating fund
established pursuant to section 1859 of the public authorities law. The
New York state energy research and development authority is authorized
and directed to: (1) transfer up to $4 million to the state general fund
for climate change related services and expenses of the department of
environmental conservation from the funds received; and (2) commencing
in 2016, provide to the chair of the public service commission and the
director of the budget and the chairs and secretaries of the legislative
fiscal committees, on or before August first of each year, an itemized
record, certified by the president and chief executive officer of the
authority, or his or her designee, detailing any and all expenditures
and commitments ascribable to moneys received as a result of this
assessment by the chair of the department of public service pursuant to
section 18-a of the public service law. This itemized record shall
include an itemized breakdown of the programs being funded by this
section and the amount committed to each program. The authority shall
not commit for any expenditure, any moneys derived from the assessment
provided for in this section, until the chair of such authority shall
have submitted, and the director of the budget shall have approved, a
comprehensive financial plan encompassing all moneys available to and
all anticipated commitments and expenditures by such authority from any
source for the operations of such authority. Copies of the approved
comprehensive financial plan shall be immediately submitted by the chair
to the chairs and secretaries of the legislative fiscal committees. Any
such amount not committed by such authority to contracts or contracts to
be awarded or otherwise expended by the authority during the fiscal year
shall be refunded by such authority on a pro-rata basis to such gas
and/or electric corporations, in a manner to be determined by the
department of public service, and any refund amounts must be explicitly
lined out in the itemized record described above.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024.
PART O
S. 8308 65 A. 8808
Section 1. Short title, legislative findings and declaration. This act
shall be known and may be cited as the "renewable action through project
interconnection and deployment (RAPID) act." The legislature hereby
finds and declares that:
1. To timely achieve the renewable energy and greenhouse gas reduction
targets established pursuant to the climate leadership and community
protection act ("CLCPA"), while contemporaneously maintaining the reli-
ability of the state's electric transmission system, action is needed to
consolidate and expedite the environmental review and permitting of
major renewable energy facilities and major electric utility trans-
mission facilities.
2. Since enactment of the CLCPA, it has become apparent that the
State's bulk and local transmission facilities need to be significantly
upgraded to deliver renewable energy to load. These significant
upgrades in the bulk and local transmission system must be undertaken in
an expedited timeframe consistent with the timeframe to achieve the
CLCPA targets.
3. In the context of achieving the CLCPA targets, a public policy
purpose would be served and the interests of the people of the state of
New York would be advanced by transferring the Office of Renewable Ener-
gy Siting ("ORES"), currently under the auspices of the Department of
State, to the Department of Public Service ("DPS") and providing such
office with additional responsibilities for the review and permitting of
major electric transmission facilities as set forth in this act.
4. The legislature finds that such a transfer would combine the long-
standing expertise of DPS related to transmission siting, planning and
compliance with environmental and reliability standards with ORES's
expertise related to the siting of renewable energy resources and, in so
doing, create synergies, and otherwise provide for more efficient siting
of major renewable energy and transmission facilities.
§ 2. Section 94-c of the executive law is REPEALED.
§ 3. Transfer of Office of Renewable Energy Siting. ORES, an office
established in the Department of State by the Accelerated Renewable
Energy Growth and Community Benefit Act, enacted under part JJJ of chap-
ter 58 of the laws of 2020, is hereby transferred to and established
within the DPS, and shall continue to have all existing functions,
powers, duties and obligations of ORES together with the new additional
functions, powers, duties and obligations set forth in this act.
§ 4. Continuity of existing functions, powers, duties and obli-
gations. All of the existing functions, powers, obligations, and duties
granted to ORES by section 94-c of the executive law now repealed, are
hereby transferred, and shall be deemed to and held to constitute the
continuation of such functions, powers, duties and obligations of ORES,
and not a different agency, authority, department or office. All appli-
cations pending before ORES on the effective date of this act shall be
considered and treated as applications filed pursuant to this act as of
the date of filing of such applications.
§ 5. Transfer of employees. 1. Upon the transfer of such functions,
powers, duties and obligations pursuant to this act, provision shall be
made for the transfer of all employees of ORES situated within the
department of state into DPS pursuant to subdivision 2 of section 70 of
the civil service law. Employees so transferred shall be transferred
without further examination or qualification to the same or similar
titles, shall remain in the same collective bargaining units and shall
retain their respective civil service classifications, status and rights
S. 8308 66 A. 8808
pursuant to their collective bargaining units and collective bargaining
agreements.
2. All employees hired after the effective date of this section
shall, consistent with the provisions of article 14 of the civil service
law, be classified in the same bargaining units. Employees other than
management or confidential persons as defined in article 14 of the civil
service law serving positions in newly created titles shall be assigned
to the appropriate bargaining unit. Nothing contained herein shall be
construed to affect:
(a) the rights of employees pursuant to a collective bargaining agree-
ment; or
(b) the representational relationships among employee organizations or
the bargaining relationships between the state and an employee organiza-
tion.
§ 6. Transfer of records. All records, including but not limited to,
books, papers, and property of ORES shall be transferred and delivered
to DPS.
§ 7. Transfer and continuation of regulations; conforming changes.
Notwithstanding any inconsistent provision of the state administrative
procedure act: all rules and regulations of ORES adopted at 19 NYCRR
part 900 in force at the time of the transfer of ORES to DPS shall
continue in full force and effect as rules and regulations of the
department until duly modified or abrogated by such department; 19 NYCRR
part 900 shall be and hereby is transferred to 16 NYCRR part XXX, with
such conforming changes as shall be required to reflect the transfer and
relocation of ORES to DPS as provided in this act, without the need for
additional proceedings under the state administrative procedure act, and
shall continue in full force and effect; and notwithstanding article 8
of the environmental conservation law and its implementing regulations,
the transfer of 19 NYCRR part 900 to 16 NYCRR part XXX as provided in
this section shall be excluded from review for all purposes under the
state environmental quality review act, and shall not be subject to
review or otherwise actionable under article 78 of the civil practice
law and rules.
§ 8. Promulgation of rules and regulations. Notwithstanding any incon-
sistent provision of the state administrative procedure act, the ORES in
consultation with DPS shall be authorized to promulgate regulations on
an emergency basis to ensure the implementation of this act absent any
finding of an emergency.
§ 9. Subdivisions 3, 4 and 13 of section 2 of the public service law,
subdivisions 3 and 4 as amended by chapter 843 of the laws of 1981 and
subdivision 13 as amended by chapter 375 of the laws of 2022, are
amended and a new subdivision 2-e is added to read as follows:
2-E. THE TERM "MAJOR RENEWABLE ENERGY FACILITY," WHEN USED IN THIS
CHAPTER, MEANS ANY RENEWABLE ENERGY SYSTEM, AS SUCH TERM IS DEFINED IN
SECTION SIXTY-SIX-P OF THIS CHAPTER, WITH A NAMEPLATE GENERATING CAPACI-
TY OF TWENTY-FIVE THOUSAND KILOWATTS OR MORE, AND ANY CO-LOCATED SYSTEM
STORING ENERGY GENERATED FROM SUCH A RENEWABLE ENERGY SYSTEM PRIOR TO
DELIVERING IT TO THE BULK TRANSMISSION SYSTEM, INCLUDING ALL ASSOCIATED
APPURTENANCES TO ELECTRIC PLANTS, INCLUDING ELECTRIC TRANSMISSION FACIL-
ITIES LESS THAN TEN MILES IN LENGTH IN ORDER TO PROVIDE ACCESS TO LOAD
AND TO INTEGRATE SUCH FACILITIES INTO THE STATE'S BULK ELECTRIC TRANS-
MISSION SYSTEM.
3. The term "corporation," when used in this chapter, includes a
corporation, company, association and joint-stock association other than
a corporation, company, association or joint stock association generat-
S. 8308 67 A. 8808
ing electricity, shaft horsepower, useful thermal energy or gas solely
from one or more co-generation, small hydro or alternate energy
production facilities or distributing electricity, shaft horsepower,
useful thermal energy or gas solely from one or more of such facilities
to users located at or near a project site; PROVIDED, HOWEVER, THAT
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE TERM
"CORPORATION" INCLUDES THE HOLDER OF A CERTIFICATE OR PERMIT ISSUED
UNDER ARTICLE EIGHT OF THIS CHAPTER, OR A PREDECESSOR STATUTE THERETO,
FOR A MAJOR RENEWABLE ENERGY FACILITY WITH AN ELECTRIC GENERATING CAPAC-
ITY BETWEEN TWENTY-FIVE AND EIGHTY MEGAWATTS OR THAT OTHERWISE OPTS INTO
ARTICLE EIGHT OF THIS CHAPTER FOR PURPOSES OF ENFORCEMENT UNDER SECTIONS
TWENTY-FIVE AND TWENTY-SIX OF THIS ARTICLE.
4. The word "person," when used in this chapter, includes an individ-
ual, firm or co-partnership other than an individual, firm or co-part-
nership generating electricity, shaft horsepower, useful thermal energy
or gas solely from one or more co-generation, small hydro or alternate
energy production facilities or distributing electricity, shaft horse-
power, useful thermal energy or gas solely from one or more of such
facilities to users located at or near a project site; provided, howev-
er, that an individual, firm or co-partnership generating or distribut-
ing electricity or gas solely from one or more co-generation, small
hydro or alternate energy production facilities shall nevertheless be
considered a person for purposes of commission jurisdiction under arti-
cle seven of this chapter; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, THE TERM "PERSON" INCLUDES THE
HOLDER OF A CERTIFICATE OR PERMIT ISSUED UNDER ARTICLE EIGHT OF THIS
CHAPTER, OR A PREDECESSOR STATUTE THERETO, FOR A MAJOR RENEWABLE ENERGY
FACILITY WITH AN ELECTRIC GENERATING CAPACITY BETWEEN TWENTY-FIVE AND
EIGHTY MEGAWATTS OR THAT OTHERWISE OPTS INTO ARTICLE EIGHT OF THIS CHAP-
TER FOR PURPOSES OF ENFORCEMENT UNDER SECTIONS TWENTY-FIVE AND TWENTY-
SIX OF THIS ARTICLE.
13. The term "electric corporation," when used in this chapter,
includes every corporation, company, association, joint-stock associ-
ation, partnership and person, their lessees, trustees or receivers
appointed by any court whatsoever (other than a railroad or street rail-
road corporation generating electricity solely for railroad or street
railroad purposes or for the use of its tenants and not for sale to
others) owning, operating or managing any electric plant or thermal
energy network except where electricity or thermal energy is generated
or distributed by the producer solely on or through private property for
railroad or street railroad purposes or for its own use or the use of
its tenants and not for sale to others; or except where electricity is
generated by the producer solely from one or more co-generation, small
hydro or alternate energy production facilities or distributed solely
from one or more of such facilities to users located at or near a
project site; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, THE TERM "ELECTRIC CORPORATION"
INCLUDES THE HOLDER OF A CERTIFICATE OR PERMIT ISSUED UNDER ARTICLE
EIGHT OF THIS CHAPTER, OR A PREDECESSOR STATUTE THERETO, FOR A MAJOR
RENEWABLE ENERGY FACILITY WITH AN ELECTRIC GENERATING CAPACITY BETWEEN
TWENTY-FIVE AND EIGHTY MEGAWATTS OR THAT OTHERWISE OPTS INTO ARTICLE
EIGHT OF THIS CHAPTER FOR PURPOSES OF ENFORCEMENT UNDER SECTIONS TWEN-
TY-FIVE AND TWENTY-SIX OF THIS ARTICLE.
§ 10. The public service law is amended by adding a new section 3-c to
read as follows:
S. 8308 68 A. 8808
§ 3-C. OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION.
1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "EXECUTIVE DIRECTOR" OR "DIRECTOR" SHALL MEAN THE EXECUTIVE DIREC-
TOR OF THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION.
(B) "ORES" AND "OFFICE" SHALL MEAN THE OFFICE OF RENEWABLE ENERGY
SITING AND ELECTRIC TRANSMISSION ESTABLISHED PURSUANT TO THIS SECTION.
(C) "SITING PERMIT" SHALL MEAN THE MAJOR RENEWABLE ENERGY FACILITY
SITING PERMIT OR MAJOR ELECTRIC TRANSMISSION FACILITY PERMIT ISSUED BY
THE EXECUTIVE DIRECTOR PURSUANT TO ARTICLE EIGHT OF THIS CHAPTER, AND
THE RULES AND REGULATIONS PROMULGATED BY ORES.
2. GENERAL POWERS AND RESPONSIBILITIES. (A) THERE IS HEREBY ESTAB-
LISHED IN THE DEPARTMENT AN OFFICE OF RENEWABLE ENERGY SITING AND ELEC-
TRIC TRANSMISSION.
(B) ORES SHALL ACCEPT APPLICATIONS AND EVALUATE, ISSUE, AMEND, AND
APPROVE THE ASSIGNMENT AND/OR TRANSFER OF SITING PERMITS PURSUANT TO
ARTICLE EIGHT OF THIS CHAPTER. ORES SHALL EXERCISE ITS AUTHORITY BY AND
THROUGH THE EXECUTIVE DIRECTOR.
(C) ORES, BY AND THROUGH THE EXECUTIVE DIRECTOR, SHALL BE AUTHORIZED
TO CONDUCT HEARINGS AND DISPUTE RESOLUTION PROCEEDINGS, ISSUE PERMITS,
AND ADOPT SUCH RULES, REGULATIONS AND PROCEDURES AS MAY BE NECESSARY,
CONVENIENT, OR DESIRABLE TO EFFECTUATE THE PURPOSES OF THIS SECTION AND
ARTICLE EIGHT OF THIS CHAPTER.
(D) ORES SHALL, AMONG OTHER THINGS, CONTINUE UNIMPEDED THE WORK OF THE
OFFICE OF RENEWABLE ENERGY SITING ESTABLISHED UNDER THE FORMER SECTION
NINETY-FOUR-C OF THE EXECUTIVE LAW. ALL PERMITS ISSUED BY THE FORMER
OFFICE OF RENEWABLE ENERGY SITING, ESTABLISHED PURSUANT TO FORMER
SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW, AND ALL CERTIFICATES OF
ENVIRONMENTAL COMPATIBILITY AND PUBLIC NEED ISSUED BY THE COMMISSION
PURSUANT TO ARTICLE SEVEN OF THIS CHAPTER SHALL BE CONSIDERED FOR ALL
LEGAL PURPOSES TO BE PERMITS ISSUED BY ORES.
(E) ALL FINAL SITING PERMITS ISSUED BY ORES OR HERETOFORE ISSUED BY
THE OFFICE OF RENEWABLE ENERGY SITING ESTABLISHED PURSUANT TO THE FORMER
SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW ARE HEREBY ENFORCEABLE BY
ORES AND THE DEPARTMENT PURSUANT TO SECTION TWENTY-FIVE AND SECTION
TWENTY-SIX OF THIS ARTICLE AS IF ISSUED BY THE COMMISSION, EXCEPT THAT
SUCH PERMITS ISSUED TO COMBINATION GAS AND ELECTRIC CORPORATIONS ARE
ALSO ENFORCEABLE BY ORES AND THE DEPARTMENT PURSUANT TO SECTION TWENTY-
FIVE-A OF THIS ARTICLE.
(F) AT THE REQUEST OF ORES, ALL OTHER STATE AGENCIES AND AUTHORITIES
ARE HEREBY AUTHORIZED TO PROVIDE SUPPORT AND RENDER SERVICES TO THE
OFFICE WITHIN THEIR RESPECTIVE FUNCTIONS.
§ 11. Articles 8 of the public service law, as added by chapter 708 of
the laws of 1978 and as added by chapter 385 of the laws of 1972, are
REPEALED and a new article 8 is added to read as follows:
ARTICLE VIII
SITING OF RENEWABLE ENERGY AND ELECTRIC TRANSMISSION SITING
SECTION 136. PURPOSE.
137. DEFINITIONS.
138. GENERAL PROVISIONS RELATED TO ESTABLISHING STANDARDS
RELATED TO SITING.
139. APPLICABILITY.
140. APPLICATION AND NOTICE.
S. 8308 69 A. 8808
141. POWERS OF MUNICIPALITIES AND STATE AGENCIES AND AUTHORI-
TIES; SCOPE.
142. FEES; LOCAL AGENCY ACCOUNT.
143. JUDICIAL REVIEW.
144. FARMLAND PROTECTION WORKING GROUP.
§ 136. PURPOSE. IT IS THE PURPOSE OF THIS ARTICLE TO CONSOLIDATE THE
ENVIRONMENTAL REVIEW, PERMITTING, AND SITING IN THIS STATE OF MAJOR
RENEWABLE ENERGY FACILITIES AND MAJOR ELECTRIC TRANSMISSION FACILITIES
SUBJECT TO THIS ARTICLE, AND TO PROVIDE ORES AS A SINGLE FORUM FOR THE
COORDINATED AND TIMELY REVIEW OF SUCH PROJECTS TO MEET THE STATE'S
RENEWABLE ENERGY GOALS AND ENSURE THE RELIABILITY OF THE ELECTRIC TRANS-
MISSION SYSTEM, WHILE ALSO ENSURING THE PROTECTION OF THE ENVIRONMENT
AND CONSIDERATION OF ALL PERTINENT SOCIAL, ECONOMIC AND ENVIRONMENTAL
FACTORS IN THE DECISION TO PERMIT SUCH PROJECTS AS MORE SPECIFICALLY
PROVIDED IN THIS ARTICLE.
§ 137. DEFINITIONS. WHERE USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "CLCPA TARGETS" SHALL MEAN THE PUBLIC POLICIES ESTABLISHED IN THE
CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT ENACTED IN CHAPTER ONE
HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, INCLUDING BUT NOT
LIMITED TO THE REQUIREMENT THAT A MINIMUM OF SEVENTY PERCENT OF THE
STATEWIDE ELECTRIC GENERATION BE PRODUCED BY RENEWABLE ENERGY SYSTEMS BY
TWO THOUSAND THIRTY, THAT BY THE YEAR TWO THOUSAND FORTY THE STATEWIDE
ELECTRICAL DEMAND SYSTEM WILL GENERATE ZERO EMISSIONS, AND THE PROCURE-
MENT OF AT LEAST NINE GIGAWATTS OF OFFSHORE WIND ELECTRICITY GENERATION
BY TWO THOUSAND THIRTY-FIVE, SIX GIGAWATTS OF PHOTOVOLTAIC SOLAR GENER-
ATION BY TWO THOUSAND TWENTY-FIVE AND TO SUPPORT THREE GIGAWATTS OF
STATEWIDE ENERGY STORAGE CAPACITY BY TWO THOUSAND THIRTY.
2. "DORMANT ELECTRIC GENERATING SITE" SHALL MEAN A SITE AT WHICH ONE
OR MORE ELECTRIC GENERATING FACILITIES PRODUCED ELECTRICITY BUT HAS
PERMANENTLY CEASED OPERATING.
3. "MAJOR ELECTRIC TRANSMISSION FACILITY" MEANS AN ELECTRIC TRANS-
MISSION LINE OF A DESIGN CAPACITY OF ONE HUNDRED TWENTY-FIVE KILOVOLTS
OR MORE EXTENDING A DISTANCE OF ONE MILE OR MORE, OR OF ONE HUNDRED
KILOVOLTS OR MORE AND LESS THAN ONE HUNDRED TWENTY-FIVE KILOVOLTS,
EXTENDING A DISTANCE OF TEN MILES OR MORE, INCLUDING ASSOCIATED EQUIP-
MENT, BUT SHALL NOT INCLUDE ANY SUCH TRANSMISSION LINE LOCATED WHOLLY
UNDERGROUND IN A CITY WITH A POPULATION IN EXCESS OF ONE HUNDRED TWEN-
TY-FIVE THOUSAND OR A PRIMARY TRANSMISSION LINE APPROVED BY THE FEDERAL
ENERGY REGULATORY COMMISSION IN CONNECTION WITH A HYDRO-ELECTRIC FACILI-
TY.
4. "MAJOR RENEWABLE ENERGY FACILITY" MEANS ANY RENEWABLE ENERGY
SYSTEM, AS SUCH TERM IS DEFINED IN SECTION SIXTY-SIX-P OF THIS CHAP-
TER, WITH A NAMEPLATE GENERATING CAPACITY OF TWENTY-FIVE THOUSAND KILO-
WATTS OR MORE, AND ANY CO-LOCATED SYSTEM STORING ENERGY GENERATED FROM
SUCH A RENEWABLE ENERGY SYSTEM PRIOR TO DELIVERING IT TO THE BULK
TRANSMISSION SYSTEM, INCLUDING ALL ASSOCIATED APPURTENANCES TO ELECTRIC
PLANTS, INCLUDING ELECTRIC TRANSMISSION FACILITIES LESS THAN TEN MILES
IN LENGTH IN ORDER TO PROVIDE ACCESS TO LOAD AND TO INTEGRATE SUCH
FACILITIES INTO THE STATE'S BULK ELECTRIC TRANSMISSION SYSTEM.
5. "LANDOWNER" MEANS THE HOLDER OF ANY RIGHT, TITLE, OR INTEREST IN
REAL PROPERTY SUBJECT TO A PROPOSED SITE OR RIGHT OF WAY AS IDENTIFIED
FROM THE MOST RECENT TAX ROLL OF THE APPROPRIATE MUNICIPALITY.
6. "LOCAL AGENCY" MEANS ANY LOCAL AGENCY, BOARD, DISTRICT, COMMISSION
OR GOVERNING BODY, INCLUDING ANY CITY, COUNTY, AND OTHER POLITICAL
SUBDIVISION OF THE STATE.
S. 8308 70 A. 8808
7. "LOCAL AGENCY ACCOUNT" OR "ACCOUNT" SHALL MEAN THE ACCOUNT ESTAB-
LISHED PURSUANT TO SECTION ONE HUNDRED FORTY-TWO OF THIS SECTION.
8. "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN, OR VILLAGE.
9. "RIGHT-OF-WAY" SHALL MEAN:
(A) REAL PROPERTY THAT IS USED OR AUTHORIZED TO BE USED FOR ELECTRIC
UTILITY PURPOSES; OR
(B) REAL PROPERTY OWNED OR CONTROLLED BY OR UNDER THE JURISDICTION OF
THE STATE, A DISTRIBUTION UTILITY, OR A STATE PUBLIC AUTHORITY INCLUDING
BY MEANS OF OWNERSHIP, LEASE OR EASEMENT, THAT IS USED OR AUTHORIZED TO
BE USED FOR TRANSPORTATION OR CANAL PURPOSES.
10. "ORES" SHALL MEAN THE OFFICE OF RENEWABLE ENERGY SITING AND ELEC-
TRIC TRANSMISSION ESTABLISHED PURSUANT TO SECTION THREE-C OF THIS CHAP-
TER.
11. "EXECUTIVE DIRECTOR" OR "DIRECTOR" SHALL MEAN THE EXECUTIVE DIREC-
TOR OF THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION.
12. "SITING PERMIT" SHALL MEAN THE MAJOR RENEWABLE ENERGY FACILITY
SITING PERMIT OR MAJOR ELECTRIC TRANSMISSION FACILITY PERMIT ISSUED BY
THE EXECUTIVE DIRECTOR PURSUANT TO THIS ARTICLE, AND THE RULES AND REGU-
LATIONS PROMULGATED BY ORES.
§ 138. GENERAL PROVISIONS RELATED TO ESTABLISHING STANDARDS RELATED TO
SITING. 1. (A) ORES SHALL BE AUTHORIZED TO ESTABLISH AND AMEND A SET OF
UNIFORM STANDARDS AND CONDITIONS FOR THE SITING, DESIGN, CONSTRUCTION
AND OPERATION OF EACH TYPE OF MAJOR RENEWABLE ENERGY FACILITY SUBJECT TO
THIS ARTICLE RELEVANT TO ISSUES THAT ARE COMMON FOR PARTICULAR CLASSES
AND CATEGORIES OF MAJOR RENEWABLE ENERGY FACILITIES, IN CONSULTATION
WITH OTHER OFFICES WITHIN THE DEPARTMENT, THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY, THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, THE DEPARTMENT OF AGRICULTURE AND MARKETS, AND OTHER RELE-
VANT STATE AGENCIES AND AUTHORITIES WITH SUBJECT MATTER EXPERTISE.
(B) THE UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT TO THIS
SUBDIVISION SHALL BE DESIGNED TO AVOID OR MINIMIZE, TO THE MAXIMUM
EXTENT PRACTICABLE, ANY POTENTIAL SIGNIFICANT ADVERSE ENVIRONMENTAL
IMPACTS RELATED TO THE SITING, DESIGN, CONSTRUCTION AND OPERATION OF A
MAJOR RENEWABLE ENERGY FACILITY. SUCH UNIFORM STANDARDS AND CONDITIONS
SHALL APPLY TO THOSE ENVIRONMENTAL IMPACTS ORES DETERMINES ARE COMMON TO
EACH TYPE OF MAJOR RENEWABLE ENERGY FACILITY.
(C) IN ITS REVIEW OF AN APPLICATION FOR A PERMIT TO DEVELOP A MAJOR-
RENEWABLE ENERGY FACILITY, ORES, IN CONSULTATION WITH THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, SHALL IDENTIFY THOSE SITE-SPECIFIC ADVERSE
ENVIRONMENTAL IMPACTS, IF ANY, THAT MAY BE CAUSED OR CONTRIBUTED TO BY A
SPECIFIC PROPOSED MAJOR RENEWABLE ENERGY FACILITY AND ARE UNABLE TO BE
ADDRESSED BY THE UNIFORM STANDARDS AND CONDITIONS. ORES SHALL DRAFT IN
CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SITE-SPE-
CIFIC PERMIT TERMS AND CONDITIONS FOR SUCH IMPACTS, INCLUDING PROVISIONS
FOR THE AVOIDANCE OR MITIGATION THEREOF, TAKING INTO ACCOUNT THE CLCPA
TARGETS AND THE ENVIRONMENTAL BENEFITS OF THE PROPOSED MAJOR RENEWABLE
ENERGY FACILITY; PROVIDED, HOWEVER, THAT ORES SHALL REQUIRE THAT THE
APPLICATION OF UNIFORM STANDARDS AND CONDITIONS AND SITE-SPECIFIC CONDI-
TIONS SHALL ACHIEVE A NET CONSERVATION BENEFIT TO ANY IMPACTED ENDAN-
GERED AND THREATENED SPECIES.
2. (A) WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS SECTION,
ORES SHALL, IN CONSULTATION WITH OTHER OFFICES WITHIN THE DEPARTMENT,
THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF AGRICULTURE
AND MARKETS, AND OTHER AGENCIES WITH SUBJECT MATTER EXPERTISE, ESTABLISH
A SET OF UNIFORM STANDARDS AND CONDITIONS FOR THE SITING, DESIGN,
S. 8308 71 A. 8808
CONSTRUCTION, AND OPERATION OF MAJOR ELECTRIC TRANSMISSION FACILITIES
SUBJECT TO THIS ARTICLE RELEVANT TO ISSUES THAT ARE COMMON TO SUCH
PROJECTS.
(B) THE UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT TO THIS
ARTICLE SHALL BE DESIGNED TO AVOID OR MINIMIZE, TO THE MAXIMUM EXTENT
PRACTICABLE, ANY POTENTIAL SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS
RELATED TO THE SITING, DESIGN, CONSTRUCTION, AND OPERATION OF A MAJOR
ELECTRIC TRANSMISSION FACILITY. SUCH UNIFORM STANDARDS AND CONDITIONS
SHALL APPLY TO THOSE ENVIRONMENTAL IMPACTS ORES DETERMINES ARE COMMON TO
ELECTRIC TRANSMISSION FACILITIES.
(C) IN ITS REVIEW OF AN APPLICATION FOR A PERMIT TO DEVELOP A MAJOR
ELECTRIC TRANSMISSION FACILITY, ORES, IN CONSULTATION WITH THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION, SHALL IDENTIFY THOSE ADVERSE SITE-
SPECIFIC ENVIRONMENTAL IMPACTS, IF ANY, THAT MAY BE CAUSED OR CONTRIB-
UTED TO BY A SPECIFIC PROPOSED MAJOR ELECTRIC TRANSMISSION FACILITY AND
ARE UNABLE TO BE ADDRESSED BY THE UNIFORM STANDARDS AND CONDITIONS. ORES
SHALL DRAFT IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSER-
VATION SITE-SPECIFIC PERMIT TERMS AND CONDITIONS FOR SUCH IMPACTS,
INCLUDING PROVISIONS FOR THE AVOIDANCE OR MITIGATION THEREOF, TAKING
INTO ACCOUNT THE CLCPA TARGETS, THE ENVIRONMENTAL BENEFITS OF, AND
PUBLIC NEED FOR THE PROPOSED MAJOR ELECTRIC TRANSMISSION FACILITY;
PROVIDED, HOWEVER, THAT ORES SHALL REQUIRE THAT THE APPLICATION OF
UNIFORM STANDARDS AND CONDITIONS AND SITE-SPECIFIC CONDITIONS SHALL
ACHIEVE A NET CONSERVATION BENEFIT TO ANY IMPACTED ENDANGERED AND
THREATENED SPECIES.
(D) UPON THE ESTABLISHMENT OF UNIFORM STANDARDS AND CONDITIONS
REQUIRED BY THIS SECTION AND THE PROMULGATION OF REGULATIONS SPECIFYING
THE CONTENT OF AN APPLICATION FOR A SITING PERMIT FOR A MAJOR ELECTRIC
TRANSMISSION FACILITY, AN APPLICATION FOR SUCH SITING PERMIT FOR A MAJOR
ELECTRIC TRANSMISSION FACILITY SHALL ONLY BE MADE PURSUANT TO THIS ARTI-
CLE.
3. TO THE EXTENT THAT ADVERSE ENVIRONMENTAL IMPACTS ARE NOT COMPLETELY
ADDRESSED BY UNIFORM STANDARDS AND CONDITIONS AND SITE-SPECIFIC PERMIT
CONDITIONS PROPOSED BY ORES, AND ORES DETERMINES THAT MITIGATION OF SUCH
IMPACTS MAY BE ACHIEVED BY OFF-SITE MITIGATION, ORES MAY REQUIRE PAYMENT
OF A FEE BY THE APPLICANT TO ACHIEVE SUCH OFF-SITE MITIGATION. IF ORES
DETERMINES, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSER-
VATION, THAT MITIGATION OF IMPACTS TO ENDANGERED OR THREATENED SPECIES
THAT ACHIEVES A NET CONSERVATION BENEFIT CAN BE ACHIEVED BY OFF-SITE
MITIGATION, THE AMOUNT TO BE PAID FOR SUCH OFF-SITE MITIGATION SHALL BE
SET FORTH IN THE FINAL SITING PERMIT. ORES MAY REQUIRE PAYMENT OF FUNDS
SUFFICIENT TO IMPLEMENT SUCH OFF-SITE MITIGATION INTO THE ENDANGERED AND
THREATENED SPECIES MITIGATION FUND ESTABLISHED PURSUANT TO SECTION NINE-
TY-NINE-HH OF THE STATE FINANCE LAW.
4. ORES SHALL IDENTIFY THE BASIS OF THE PUBLIC NEED FOR A MAJOR ELEC-
TRIC TRANSMISSION FACILITY AND SHALL GRANT PERMITS TO SUCH PROJECTS THAT
DEMONSTRATE A QUALIFIED PUBLIC NEED, SO LONG AS THE ADVERSE ENVIRON-
MENTAL IMPACTS OF THE FACILITY ARE IDENTIFIED AND ADDRESSED BY THE
UNIFORM STANDARDS AND CONDITIONS PROMULGATED PURSUANT TO THIS ARTICLE
AND ANY SITE-SPECIFIC PERMIT CONDITIONS APPLIED TO THE FACILITY, OR
OTHERWISE MITIGATED AS PROVIDED IN THIS ARTICLE.
5. ORES, IN CONSULTATION WITH THE DEPARTMENT, SHALL PROMULGATE RULES
AND REGULATIONS WITH RESPECT TO ALL NECESSARY REQUIREMENTS TO IMPLEMENT
THE SITING PERMIT PROGRAM ESTABLISHED IN THIS ARTICLE AND PROMULGATE
MODIFICATIONS TO SUCH RULES AND REGULATIONS AS IT DEEMS NECESSARY;
PROVIDED THAT ORES SHALL PROMULGATE REGULATIONS REQUIRING THE SERVICE OF
S. 8308 72 A. 8808
APPLICATIONS ON AFFECTED MUNICIPALITIES AND POLITICAL SUBDIVISIONS
SIMULTANEOUSLY WITH SUBMISSION OF AN APPLICATION.
§ 139. APPLICABILITY. 1. NO PERSON SHALL COMMENCE THE PREPARATION OF A
SITE FOR, OR BEGIN THE CONSTRUCTION OF, A MAJOR RENEWABLE ENERGY FACILI-
TY IN THE STATE, OR INCREASE THE CAPACITY OF AN EXISTING MAJOR RENEWABLE
ENERGY FACILITY, WITHOUT HAVING FIRST OBTAINED A SITING PERMIT PURSUANT
TO THIS ARTICLE. EXCEPT AS PROVIDED IN PARAGRAPH (D) OF SUBDIVISION FIVE
OF THIS SECTION, ON AND AFTER EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE
OF THIS ARTICLE, NO PERSON SHALL COMMENCE THE PREPARATION OF A SITE FOR,
OR BEGIN CONSTRUCTION OF, A MAJOR ELECTRIC TRANSMISSION FACILITY IN THE
STATE WITHOUT HAVING FIRST OBTAINED A SITING PERMIT ISSUED WITH RESPECT
TO SUCH FACILITY PURSUANT TO THIS ARTICLE. ANY MAJOR RENEWABLE ENERGY
FACILITY OR MAJOR ELECTRIC TRANSMISSION FACILITY SUBJECT TO THIS ARTICLE
WITH RESPECT TO WHICH A SITING PERMIT IS ISSUED SHALL NOT THEREAFTER BE
BUILT, MAINTAINED, OR OPERATED EXCEPT IN CONFORMITY WITH SUCH SITING
PERMIT AND ANY TERMS, LIMITATIONS, OR CONDITIONS CONTAINED THEREIN,
PROVIDED THAT NOTHING IN THIS SUBDIVISION SHALL EXEMPT SUCH FACILITY
FROM COMPLIANCE WITH FEDERAL LAWS AND REGULATIONS.
2. A SITING PERMIT ISSUED BY ORES MAY BE TRANSFERRED OR ASSIGNED,
SUBJECT TO THE PRIOR WRITTEN APPROVAL OF THE OFFICE, TO A PERSON THAT
AGREES TO COMPLY WITH THE TERMS, LIMITATIONS AND CONDITIONS CONTAINED IN
SUCH SITING PERMIT.
3. ORES OR A PERMITTEE MAY INITIATE AN AMENDMENT TO A SITING PERMIT
UNDER THIS SECTION. AN AMENDMENT INITIATED BY ORES OR PERMITTEE THAT IS
LIKELY TO RESULT IN ANY MATERIAL INCREASE IN ANY ADVERSE ENVIRONMENTAL
IMPACT OR INVOLVES A SUBSTANTIAL CHANGE TO THE TERMS OR CONDITIONS OF A
SITING PERMIT SHALL COMPLY WITH THE PUBLIC NOTICE AND HEARING REQUIRE-
MENTS OF THIS SECTION.
4. ANY HEARINGS OR DISPUTE RESOLUTION PROCEEDINGS INITIATED UNDER THIS
SECTION OR PURSUANT TO RULES OR REGULATIONS PROMULGATED PURSUANT TO THIS
SECTION MAY BE CONDUCTED BY THE EXECUTIVE DIRECTOR OF ORES OR ANY PERSON
TO WHOM THE EXECUTIVE DIRECTOR SHALL DELEGATE THE POWER AND AUTHORITY TO
CONDUCT SUCH HEARINGS OR PROCEEDINGS IN THE NAME OF ORES AT ANY TIME AND
PLACE.
5. THIS SECTION SHALL NOT APPLY:
(A) TO ANY MAJOR ELECTRIC TRANSMISSION FACILITY OVER WHICH ANY AGENCY
OR DEPARTMENT OF THE FEDERAL GOVERNMENT HAS EXCLUSIVE JURISDICTION, OR
HAS JURISDICTION CONCURRENT WITH THAT OF THE STATE AND HAS EXERCISED
SUCH JURISDICTION, TO THE EXCLUSION OF REGULATION OF THE FACILITY BY THE
STATE; PROVIDED, HOWEVER, NOTHING HEREIN SHALL BE CONSTRUED TO EXPAND
FEDERAL JURISDICTION;
(B) TO NORMAL REPAIRS, MAINTENANCE, REPLACEMENTS, NON-MATERIAL MODIFI-
CATIONS AND IMPROVEMENTS OF A MAJOR RENEWABLE ENERGY FACILITY OR MAJOR
ELECTRIC TRANSMISSION FACILITY SUBJECT TO THIS ARTICLE, WHENEVER BUILT,
WHICH ARE PERFORMED IN THE ORDINARY COURSE OF BUSINESS AND WHICH DO NOT
CONSTITUTE A VIOLATION OF ANY APPLICABLE EXISTING PERMIT;
(C) TO A MAJOR RENEWABLE ENERGY FACILITY IF, ON OR BEFORE THE EFFEC-
TIVE DATE OF THIS ARTICLE, AN APPLICATION HAS BEEN MADE OR GRANTED FOR A
LICENSE, PERMIT, CERTIFICATE, CONSENT OR APPROVAL FROM ANY FEDERAL,
STATE OR LOCAL COMMISSION, AGENCY, BOARD OR REGULATORY BODY; AND
(D) TO A MAJOR ELECTRIC TRANSMISSION FACILITY FOR WHICH AN APPLICATION
PURSUANT TO ARTICLE SEVEN OF THIS CHAPTER AND ITS IMPLEMENTING REGU-
LATIONS IS SUBMITTED ON OR BEFORE THE ESTABLISHMENT OF THE UNIFORM STAN-
DARDS AND CONDITIONS REQUIRED PURSUANT TO SUBDIVISION TWO OF SECTION ONE
HUNDRED THIRTY-EIGHT OF THIS ARTICLE.
S. 8308 73 A. 8808
6. AFTER THE EFFECTIVE DATE OF THIS ARTICLE, ANY PERSON INTENDING TO
CONSTRUCT A MAJOR ELECTRIC TRANSMISSION FACILITY EXCLUDED FROM THIS
SECTION PURSUANT TO PARAGRAPH (D) OF SUBDIVISION FIVE OF THIS SECTION
MAY ELECT TO BECOME SUBJECT TO THE PROVISIONS OF THIS SECTION BY FILING
AN APPLICATION FOR A SITING PERMIT PURSUANT TO THE REGULATIONS OF ORES
GOVERNING SUCH APPLICATIONS.
§ 140. APPLICATION AND NOTICE. 1. (A) NOTWITHSTANDING ANY LAW TO THE
CONTRARY, ORES SHALL, WITHIN SIXTY DAYS OF ITS RECEIPT OF AN APPLICATION
FOR A SITING PERMIT WITH RESPECT TO A MAJOR RENEWABLE ENERGY FACILITY
SUBJECT TO THIS ARTICLE DETERMINE WHETHER THE APPLICATION IS COMPLETE
AND NOTIFY THE APPLICANT OF ITS DETERMINATION. IF ORES DOES NOT DEEM THE
APPLICATION COMPLETE, ORES SHALL SET FORTH IN WRITING DELIVERED TO THE
APPLICANT THE REASONS WHY IT HAS DETERMINED THE APPLICATION TO BE INCOM-
PLETE. IF ORES FAILS TO MAKE A DETERMINATION WITHIN THE FOREGOING
SIXTY-DAY TIME PERIOD, THE APPLICATION SHALL BE DEEMED COMPLETE;
PROVIDED, HOWEVER, THAT THE APPLICANT MAY CONSENT TO AN EXTENSION OF THE
SIXTY-DAY TIME PERIOD FOR DETERMINING APPLICATION COMPLETENESS.
PROVIDED, FURTHER, THAT NO APPLICATION MAY BE COMPLETE WITHOUT PROOF OF
CONSULTATION WITH THE MUNICIPALITY OR POLITICAL SUBDIVISION WHERE THE
PROJECT IS PROPOSED TO BE LOCATED, OR AN AGENCY THEREOF, PRIOR TO
SUBMISSION OF AN APPLICATION TO ORES, RELATED TO PROCEDURAL AND SUBSTAN-
TIVE REQUIREMENTS OF LOCAL LAW.
(B) NO LATER THAN SIXTY DAYS FOLLOWING THE DATE UPON WHICH AN APPLICA-
TION HAS BEEN DEEMED COMPLETE, AND FOLLOWING CONSULTATION WITH ANY RELE-
VANT STATE AGENCY OR AUTHORITY, ORES SHALL PUBLISH FOR PUBLIC COMMENT
DRAFT PERMIT CONDITIONS PREPARED BY THE OFFICE, WHICH COMMENT PERIOD
SHALL BE FOR A MINIMUM OF SIXTY DAYS FROM PUBLIC NOTICE THEREOF, OR
NOTICE OF INTENT TO DENY WITH REASONS THEREOF. SUCH PUBLIC NOTICE SHALL
INCLUDE, BUT SHALL NOT BE LIMITED TO: (I) WRITTEN NOTICE TO THE MUNICI-
PALITIES OR POLITICAL SUBDIVISIONS IN WHICH SUCH PROJECT IS PROPOSED TO
BE LOCATED; (II) PUBLICATION IN A NEWSPAPER OR IN ELECTRONIC FORM,
HAVING GENERAL CIRCULATION IN SUCH MUNICIPALITIES OR POLITICAL SUBDIVI-
SIONS; AND (III) POSTING THE NOTICE ON THE OFFICE'S AND THE DEPARTMENT'S
WEBSITE.
(C) FOR ANY MUNICIPALITY, POLITICAL SUBDIVISION OR AN AGENCY THEREOF
THAT HAS RECEIVED NOTICE OF THE FILING OF AN APPLICATION, PURSUANT TO
REGULATIONS PROMULGATED IN ACCORDANCE WITH THIS ARTICLE, THE MUNICI-
PALITY OR POLITICAL SUBDIVISION OR AGENCY THEREOF SHALL WITHIN THE TIME-
FRAMES ESTABLISHED BY THIS SUBDIVISION SUBMIT A STATEMENT TO ORES INDI-
CATING WHETHER THE PROPOSED PROJECT IS DESIGNED TO BE SITED, CONSTRUCTED
AND OPERATED IN COMPLIANCE WITH APPLICABLE LOCAL LAWS AND REGULATIONS,
IF ANY, CONCERNING THE ENVIRONMENT, OR PUBLIC HEALTH AND SAFETY. IN THE
EVENT THAT A MUNICIPALITY, POLITICAL SUBDIVISION OR AN AGENCY THEREOF
SUBMITS A STATEMENT TO ORES THAT THE PROPOSED PROJECT IS NOT DESIGNED TO
BE SITED, CONSTRUCTED OR OPERATED IN COMPLIANCE WITH LOCAL LAWS AND
REGULATIONS AND ORES DETERMINES NOT TO HOLD AN ADJUDICATORY HEARING ON
THE APPLICATION, ORES SHALL HOLD A NON-ADJUDICATORY PUBLIC HEARING IN OR
NEAR ONE OR MORE OF THE AFFECTED MUNICIPALITIES OR POLITICAL SUBDIVI-
SIONS.
2. (A) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ORES SHALL, WITHIN ONE
HUNDRED TWENTY DAYS AFTER ITS RECEIPT OF AN APPLICATION FOR A SITING
PERMIT WITH RESPECT TO A MAJOR ELECTRIC TRANSMISSION FACILITY, DETERMINE
WHETHER THE APPLICATION IS COMPLETE AND NOTIFY THE APPLICANT OF ITS
DETERMINATION. IF ORES DOES NOT DEEM THE APPLICATION COMPLETE, IT SHALL
SET FORTH IN WRITING DELIVERED TO THE APPLICANT THE REASONS WHY IT HAS
DETERMINED THE APPLICATION TO BE INCOMPLETE. IF ORES FAILS TO MAKE A
S. 8308 74 A. 8808
DETERMINATION WITHIN THE FOREGOING ONE HUNDRED TWENTY DAY TIME PERIOD,
THE APPLICATION SHALL BE DEEMED COMPLETE; PROVIDED, HOWEVER, THAT THE
APPLICANT MAY CONSENT TO AN EXTENSION OF THE ONE HUNDRED TWENTY DAY TIME
PERIOD FOR DETERMINING APPLICATION COMPLETENESS. PROVIDED, FURTHER,
THAT NO APPLICATION MAY BE COMPLETE WITHOUT PROOF OF CONSULTATION WITH
THE MUNICIPALITY OR POLITICAL SUBDIVISION WHERE THE PROJECT IS PROPOSED
TO BE LOCATED, OR AN AGENCY THEREOF, PRIOR TO SUBMISSION OF AN APPLICA-
TION TO ORES, RELATED TO PROCEDURAL AND SUBSTANTIVE REQUIREMENTS OF
LOCAL LAW.
(B) IN ADDITION TO ADDRESSING UNIFORM STANDARDS AND CONDITIONS, THE
APPLICATION FOR A SITING PERMIT WITH RESPECT TO A MAJOR ELECTRIC TRANS-
MISSION FACILITY SHALL INCLUDE, IN SUCH FORM AS ORES MAY PRESCRIBE, THE
FOLLOWING INFORMATION: (I) THE LOCATION OF THE SITE OR RIGHT-OF-WAY;
(II) A DESCRIPTION OF THE TRANSMISSION FACILITY TO BE BUILT THEREON;
(III) A SUMMARY OF ANY STUDIES WHICH HAVE BEEN MADE OF THE ENVIRONMENTAL
IMPACT OF THE PROJECT, AND A DESCRIPTION OF SUCH STUDIES; (IV) A STATE-
MENT EXPLAINING THE PUBLIC NEED FOR THE FACILITY; (V) COPIES OF ANY
STUDIES OF THE ELECTRICAL PERFORMANCE AND SYSTEM IMPACTS OF THE FACILITY
PERFORMED BY THE STATE GRID OPERATOR PURSUANT TO ITS TARIFF; AND (VI)
SUCH OTHER INFORMATION AS THE APPLICANT MAY CONSIDER RELEVANT OR ORES
MAY BY REGULATION REQUIRE.
(C) TO THE GREATEST EXTENT PRACTICABLE, EACH LANDOWNER OF LAND ON
WHICH ANY PORTION OF SUCH PROPOSED FACILITY IS TO BE LOCATED SHALL BE
SERVED BY FIRST CLASS MAIL WITH A NOTICE THAT SUCH LANDOWNER'S PROPERTY
MAY BE IMPACTED BY A PROJECT AND AN EXPLANATION OF HOW TO FILE WITH ORES
A NOTICE OF INTENT TO BE A PARTY IN THE PERMIT APPLICATION PROCEEDINGS
AND THE TIMEFRAME FOR FILING SUCH APPLICATION.
(D) NO LATER THAN SIXTY DAYS FOLLOWING THE DATE UPON WHICH AN APPLICA-
TION HAS BEEN DEEMED COMPLETE, AND FOLLOWING CONSULTATION WITH ANY RELE-
VANT STATE AGENCY OR AUTHORITY, ORES SHALL PUBLISH FOR PUBLIC COMMENT
DRAFT PERMIT CONDITIONS PREPARED BY THE OFFICE, WHICH COMMENT PERIOD
SHALL BE FOR A MINIMUM OF SIXTY DAYS FROM PUBLIC NOTICE THEREOF. SUCH
PUBLIC NOTICE SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO: (I) WRITTEN
NOTICE TO THE MUNICIPALITIES AND POLITICAL SUBDIVISIONS, IN WHICH THE
MAJOR ELECTRIC UTILITY TRANSMISSION IS PROPOSED TO BE LOCATED AND TO
LANDOWNERS NOTIFIED OF THE APPLICATION PURSUANT TO PARAGRAPH (C) OF THIS
SUBDIVISION; (II) PUBLICATION IN A NEWSPAPER OR IN ELECTRONIC FORM,
HAVING GENERAL CIRCULATION IN SUCH MUNICIPALITIES OR POLITICAL SUBDIVI-
SIONS; AND (III) POSTING ON THE OFFICE'S AND THE DEPARTMENT'S WEBSITE.
3. FOR ANY MUNICIPALITY, POLITICAL SUBDIVISION OR AN AGENCY THEREOF
THAT HAS RECEIVED NOTICE OF THE FILING OF AN APPLICATION, PURSUANT TO
REGULATIONS PROMULGATED IN ACCORDANCE WITH THIS SECTION OR OTHERWISE IN
EFFECT ON THE EFFECTIVE DATE OF THIS ARTICLE, THE MUNICIPALITY OR POLI-
TICAL SUBDIVISION OR AGENCY THEREOF SHALL WITHIN THE TIMEFRAMES ESTAB-
LISHED BY THIS ACT SUBMIT A STATEMENT TO ORES INDICATING WHETHER THE
PROPOSED FACILITY IS DESIGNED TO BE SITED, CONSTRUCTED AND OPERATED IN
COMPLIANCE WITH APPLICABLE LOCAL LAWS AND REGULATIONS, IF ANY, CONCERN-
ING THE ENVIRONMENT, OR PUBLIC HEALTH AND SAFETY. IN THE EVENT THAT A
MUNICIPALITY, POLITICAL SUBDIVISION OR AN AGENCY THEREOF SUBMITS A
STATEMENT TO ORES THAT THE PROPOSED FACILITY IS NOT DESIGNED TO BE
SITED, CONSTRUCTED OR OPERATED IN COMPLIANCE WITH LOCAL LAWS AND REGU-
LATIONS AND ORES DETERMINES NOT TO HOLD AN ADJUDICATORY HEARING ON THE
APPLICATION, ORES SHALL HOLD A NON-ADJUDICATORY PUBLIC HEARING IN THE
AFFECTED MUNICIPALITY OR POLITICAL SUBDIVISION.
4. IF PUBLIC COMMENTS ON A DRAFT PERMIT CONDITION PUBLISHED BY ORES
PURSUANT TO THIS SECTION, INCLUDING COMMENTS PROVIDED BY A MUNICIPALITY
S. 8308 75 A. 8808
OR POLITICAL SUBDIVISION OR AGENCY THEREOF, LANDOWNERS, OR MEMBERS OF
THE PUBLIC, RAISE A SUBSTANTIVE AND SIGNIFICANT ISSUE, AS DEFINED IN
REGULATIONS ADOPTED PURSUANT TO THIS ARTICLE, THAT REQUIRES ADJUDI-
CATION, ORES SHALL PROMPTLY FIX A DATE FOR AN ADJUDICATORY HEARING TO
HEAR ARGUMENTS AND CONSIDER EVIDENCE WITH RESPECT THERETO; PROVIDED,
HOWEVER, THAT WITH RESPECT TO AN APPLICATION FOR A SITING PERMIT FOR A
MAJOR ELECTRIC TRANSMISSION FACILITY, ANY PORTION OF WHICH IS TO BE
LOCATED ON THE LAND OF A LANDOWNER FOR WHICH THE APPLICANT LACKS A
RIGHT-OF-WAY AGREEMENT, ORES SHALL PROVIDE SUCH LANDOWNER WITH AN OPPOR-
TUNITY TO CHALLENGE THE EXPLANATION FOR THE PUBLIC NEED GIVEN IN SUCH
APPLICATION.
5. FOLLOWING THE EXPIRATION OF THE PUBLIC COMMENT PERIOD SET FORTH IN
THIS SECTION, AND FOLLOWING THE CONCLUSION OF A HEARING UNDERTAKEN
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, ORES SHALL, IN THE CASE OF
A PUBLIC COMMENT PERIOD, ISSUE A WRITTEN SUMMARY OF PUBLIC COMMENTS AND
AN ASSESSMENT OF COMMENTS RECEIVED, AND IN THE CASE OF AN ADJUDICATORY
HEARING, THE EXECUTIVE OFFICER OR ANY PERSON TO WHOM THE EXECUTIVE
DIRECTOR HAS DELEGATED SUCH AUTHORITY SHALL ISSUE A FINAL WRITTEN HEAR-
ING REPORT. A FINAL SITING PERMIT MAY ONLY BE ISSUED IF ORES MAKES A
FINDING THAT THE PROPOSED PROJECT, TOGETHER WITH ANY APPLICABLE UNIFORM
AND SITE-SPECIFIC STANDARDS AND CONDITIONS, WOULD COMPLY WITH APPLICABLE
LAWS AND REGULATIONS. IN MAKING A FINAL SITING PERMIT DETERMINATION WITH
RESPECT TO A MAJOR RENEWABLE ENERGY FACILITY OR A MAJOR ELECTRIC TRANS-
MISSION FACILITY, ORES MAY ELECT NOT TO APPLY, IN WHOLE OR IN PART, ANY
LOCAL LAW OR ORDINANCE THAT WOULD OTHERWISE BE APPLICABLE IF IT MAKES A
FINDING THAT, AS APPLIED TO THE PROPOSED FACILITY, IT IS UNREASONABLY
BURDENSOME IN VIEW OF THE CLCPA TARGETS, THE ENVIRONMENTAL BENEFITS, AND
IN THE CASE OF A TRANSMISSION FACILITY, THE PUBLIC NEED FOR THE PROPOSED
PROJECT.
6. NOTWITHSTANDING ANY OTHER DEADLINE MADE APPLICABLE BY THIS SECTION,
ORES SHALL MAKE A FINAL DECISION ON A SITING PERMIT WITHIN ONE YEAR FROM
THE DATE THE APPLICATION WAS DEEMED COMPLETE, OR WITHIN SIX MONTHS FROM
THE DATE THE APPLICATION WAS DEEMED COMPLETE IF SUCH APPLICATION RELATES
TO A MAJOR RENEWABLE ENERGY FACILITY THAT IS PROPOSED TO BE SITED ON AN
EXISTING OR ABANDONED COMMERCIAL USE, INCLUDING WITHOUT LIMITATION,
BROWNFIELDS, LANDFILLS, FORMER COMMERCIAL OR INDUSTRIAL SITES, DORMANT
ELECTRIC GENERATING SITES, AND ABANDONED OR OTHERWISE UNDERUTILIZED
SITES, AS FURTHER DEFINED BY THE REGULATIONS PROMULGATED BY OR IN EFFECT
UNDER THIS ARTICLE. UNLESS ORES AND THE APPLICANT HAVE AGREED TO AN
EXTENSION AND IF A FINAL SITING PERMIT DECISION HAS NOT BEEN MADE BY
ORES WITHIN SUCH TIME PERIOD, THEN SUCH SITING PERMIT SHALL BE DEEMED TO
HAVE BEEN AUTOMATICALLY GRANTED FOR ALL PURPOSES SET FORTH IN THIS ARTI-
CLE AND ALL UNIFORM CONDITIONS OR SITE SPECIFIC PERMIT CONDITIONS ISSUED
FOR PUBLIC COMMENT SHALL CONSTITUTE ENFORCEABLE PROVISIONS OF THE SITING
PERMIT; PROVIDED, HOWEVER, THAT WITH RESPECT TO A FINAL SITING PERMIT
DECISION RELATED TO A MAJOR ELECTRIC TRANSMISSION FACILITY, ANY PORTION
OF WHICH IS TO BE LOCATED ON THE LAND OF A LANDOWNER FOR WHICH THE
APPLICANT LACKS AN EXISTING RIGHT-OF-WAY AGREEMENT, NO SUCH PERMIT MAY
BE AUTOMATICALLY GRANTED. THE FINAL SITING PERMIT RELATED TO A MAJOR
RENEWABLE ENERGY FACILITY SHALL INCLUDE A PROVISION REQUIRING THE
PERMITTEE TO PROVIDE A HOST COMMUNITY BENEFIT, WHICH MAY BE A HOST
COMMUNITY BENEFIT AS DETERMINED BY THE COMMISSION PURSUANT TO SECTION
EIGHT OF PART JJJ OF CHAPTER FIFTY-EIGHT OF THE LAWS OF TWO THOUSAND
TWENTY OR SUCH OTHER PROJECT AS DETERMINED BY ORES OR AS SUBSEQUENTLY
AGREED TO BETWEEN THE APPLICANT AND THE HOST COMMUNITY.
S. 8308 76 A. 8808
7. ORES, IN CONSULTATION WITH THE DEPARTMENT, MAY EXEMPT FROM THE
REQUIREMENTS OF THIS ARTICLE APPLICATIONS FOR A MAJOR ELECTRIC TRANS-
MISSION FACILITY THAT WOULD BE CONSTRUCTED SUBSTANTIALLY WITHIN EXISTING
RIGHTS-OF-WAY.
§ 141. POWERS OF MUNICIPALITIES AND STATE AGENCIES AND AUTHORITIES;
SCOPE. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING WITHOUT
LIMITATION ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ARTI-
CLE SEVEN OF THIS CHAPTER, NO OTHER STATE AGENCY, DEPARTMENT OR AUTHORI-
TY, OR ANY MUNICIPALITY OR POLITICAL SUBDIVISION OR ANY AGENCY THEREOF
MAY, EXCEPT AS EXPRESSLY AUTHORIZED UNDER THIS ARTICLE OR THE RULES AND
REGULATIONS PROMULGATED UNDER THIS ARTICLE, REQUIRE ANY APPROVAL,
CONSENT, PERMIT, CERTIFICATE, CONTRACT, AGREEMENT, OR OTHER CONDITION
FOR THE DEVELOPMENT, DESIGN, CONSTRUCTION, OPERATION, OR DECOMMISSIONING
OF A MAJOR RENEWABLE ENERGY FACILITY OR A MAJOR ELECTRIC TRANSMISSION
FACILITY WITH RESPECT TO WHICH AN APPLICATION FOR A SITING PERMIT HAS
BEEN FILED, PROVIDED IN THE CASE OF A MUNICIPALITY, POLITICAL SUBDIVI-
SION OR AN AGENCY THEREOF, SUCH ENTITY HAS RECEIVED NOTICE OF THE FILING
OF THE APPLICATION THEREFOR. NOTWITHSTANDING THE FOREGOING, THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION SHALL BE THE PERMITTING AGENCY FOR
PERMITS ISSUED PURSUANT TO FEDERALLY DELEGATED OR FEDERALLY APPROVED
PROGRAMS.
2. THIS SECTION SHALL NOT IMPAIR OR ABROGATE ANY FEDERAL, STATE OR
LOCAL LABOR LAWS OR ANY OTHERWISE APPLICABLE STATE LAW FOR THE
PROTECTION OF EMPLOYEES ENGAGED IN THE CONSTRUCTION AND OPERATION OF A
MAJOR RENEWABLE ENERGY FACILITY OR MAJOR ELECTRIC TRANSMISSION FACILITY.
3. ORES AND THE DEPARTMENT SHALL MONITOR, ENFORCE AND ADMINISTER
COMPLIANCE WITH ANY TERMS AND CONDITIONS SET FORTH IN A SITING PERMIT
ISSUED PURSUANT TO THIS ARTICLE AND IN DOING SO MAY USE AND RELY ON
AUTHORITY OTHERWISE AVAILABLE UNDER THIS CHAPTER.
§ 142. FEES; LOCAL AGENCY ACCOUNT. 1. EACH APPLICATION FOR A SITING
PERMIT SHALL BE ACCOMPANIED BY A FEE IN AN AMOUNT EQUAL TO THE FOLLOW-
ING:
(A) FOR A MAJOR RENEWABLE ENERGY FACILITY, ONE THOUSAND DOLLARS FOR
EACH THOUSAND KILOWATTS OF CAPACITY OF THE PROPOSED MAJOR RENEWABLE
ENERGY FACILITY;
(B) FOR A MAJOR ELECTRIC TRANSMISSION FACILITY OF ONE HUNDRED TWENTY-
FIVE KILOVOLTS OR MORE EXTENDING A DISTANCE OF OVER ONE HUNDRED MILES,
FOUR HUNDRED FIFTY THOUSAND DOLLARS;
(C) FOR A MAJOR ELECTRIC TRANSMISSION FACILITY OF ONE HUNDRED TWENTY-
FIVE KILOVOLTS OR MORE EXTENDING A DISTANCE OF OVER FIFTY MILES TO ONE
HUNDRED MILES, THREE HUNDRED FIFTY THOUSAND DOLLARS;
(D) FOR A MAJOR ELECTRIC TRANSMISSION FACILITY REQUIRING A NEW RIGHT-
OF-WAY AND ONE HUNDRED TWENTY-FIVE KILOVOLTS OR MORE EXTENDING A
DISTANCE OF TEN MILES TO FIFTY MILES, ONE HUNDRED THOUSAND DOLLARS; AND
(E) FOR A MAJOR ELECTRIC TRANSMISSION FACILITY UTILIZING AN EXISTING
RIGHT-OF-WAY AND ONE HUNDRED TWENTY-FIVE KILOVOLTS OR MORE EXTENDING A
DISTANCE OF TEN MILES TO FIFTY MILES, FIFTY THOUSAND DOLLARS.
2. SUCH FEE IS TO BE DEPOSITED IN AN ACCOUNT TO BE KNOWN AS THE LOCAL
AGENCY ACCOUNT ESTABLISHED FOR THE BENEFIT OF LOCAL AGENCIES AND COMMU-
NITY INTERVENORS BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY AND MAINTAINED IN A SEGREGATED ACCOUNT IN THE CUSTODY OF THE
COMMISSIONER OF TAXATION AND FINANCE. ORES, IN CONSULTATION WITH THE
DEPARTMENT, MAY UPDATE THE FEE PERIODICALLY SOLELY TO ACCOUNT FOR
INFLATION. THE PROCEEDS OF SUCH ACCOUNT SHALL BE DISBURSED BY THE
OFFICE, IN ACCORDANCE WITH ELIGIBILITY AND PROCEDURES ESTABLISHED BY THE
RULES AND REGULATIONS PROMULGATED BY ORES OR THE DEPARTMENT PURSUANT TO
S. 8308 77 A. 8808
THIS ARTICLE OR IN EFFECT AS OF THE EFFECTIVE DATE OF THIS ARTICLE, FOR
THE PARTICIPATION OF LOCAL AGENCIES AND COMMUNITY INTERVENORS IN PUBLIC
COMMENT PERIODS OR HEARING PROCEDURES ESTABLISHED BY THIS ARTICLE,
INCLUDING THE RULES AND REGULATIONS PROMULGATED HERETO; PROVIDED THAT
FEES MUST BE DISBURSED FOR MUNICIPALITIES, POLITICAL SUBDIVISIONS OR AN
AGENCY THEREOF, TO DETERMINE WHETHER A PROPOSED PROJECT IS DESIGNED TO
BE SITED, CONSTRUCTED AND OPERATED IN COMPLIANCE WITH THE APPLICABLE
LOCAL LAWS AND REGULATIONS.
3. ALL FUNDS SO HELD BY THE NEW YORK STATE ENERGY RESEARCH AND DEVEL-
OPMENT AUTHORITY SHALL BE SUBJECT TO AN ANNUAL INDEPENDENT AUDIT AS PART
OF SUCH AUTHORITY'S AUDITED FINANCIAL STATEMENTS, AND SUCH AUTHORITY
SHALL PREPARE AN ANNUAL REPORT SUMMARIZING ACCOUNT BALANCES AND ACTIV-
ITIES FOR EACH FISCAL YEAR ENDING MARCH THIRTY-FIRST AND PROVIDE SUCH
REPORT TO THE OFFICE NO LATER THAN NINETY DAYS AFTER COMMENCEMENT OF
SUCH FISCAL YEAR AND POST ON THE AUTHORITY'S WEBSITE.
4. TO THE EXTENT AN APPLICANT SUBMITTED INTERVENOR FUNDS PURSUANT TO
ARTICLES SEVEN OR TEN OF THIS CHAPTER AND HAS NOW FILED AN APPLICATION
FOR A SITING PERMIT PURSUANT TO THIS ARTICLE, ANY AMOUNTS HELD IN AN
INTERVENOR ACCOUNT ESTABLISHED PURSUANT TO ARTICLES SEVEN AND TEN OF
THIS CHAPTER FOR THAT PROJECT SHALL BE APPLIED TO THE INTERVENOR ACCOUNT
ESTABLISHED BY THIS SECTION.
5. IN ADDITION TO THE FEES ESTABLISHED PURSUANT TO THIS SECTION, ORES
OR THE DEPARTMENT, PURSUANT TO REGULATIONS ADOPTED PURSUANT TO THIS
ARTICLE, MAY ASSESS A FEE FOR THE PURPOSE OF RECOVERING COSTS INCURRED
BY THE OFFICE; PROVIDED, HOWEVER, THAT PUBLIC UTILITIES THAT ARE SUBJECT
TO SECTION EIGHTEEN-A OF THIS CHAPTER SHALL NOT BE ASSESSED A FEE FOR
SUCH COSTS.
6. IN ADDITION TO THE FEES ESTABLISHED PURSUANT TO THIS SECTION, ORES
OR THE DEPARTMENT, PURSUANT TO REGULATIONS ADOPTED PURSUANT TO THIS
ARTICLE, MAY ASSESS A FEE FOR THE PURPOSE OF RECOVERING COSTS INCURRED
BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY
PURSUANT TO TITLE NINE-C OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES
LAW; PROVIDED, HOWEVER, THAT PUBLIC UTILITIES THAT ARE SUBJECT TO
SECTION EIGHTEEN-A OF THIS CHAPTER SHALL NOT BE ASSESSED A FEE FOR SUCH
COSTS.
§ 143. JUDICIAL REVIEW. 1. ANY PARTY AGGRIEVED BY THE ISSUANCE OR
DENIAL OF A SITING PERMIT UNDER THIS ARTICLE MAY SEEK JUDICIAL REVIEW OF
SUCH DECISION AS PROVIDED IN THIS SECTION.
2. A JUDICIAL PROCEEDING SHALL BE BROUGHT IN THE THIRD DEPARTMENT OF
THE APPELLATE DIVISION OF THE SUPREME COURT OF THE STATE OF NEW YORK.
SUCH PROCEEDING SHALL BE INITIATED BY THE FILING OF A PETITION IN SUCH
COURT WITHIN NINETY DAYS AFTER THE ISSUANCE OF A FINAL DECISION BY ORES
TOGETHER WITH PROOF OF SERVICE OF A DEMAND ON ORES TO FILE WITH SAID
COURT A COPY OF A WRITTEN TRANSCRIPT OF THE RECORD OF THE PROCEEDING AND
A COPY OF ORES'S DECISION AND OPINION. ORES'S COPY OF SAID TRANSCRIPT,
DECISION AND OPINION, SHALL BE AVAILABLE AT ALL REASONABLE TIMES TO ALL
PARTIES FOR EXAMINATION WITHOUT COST. UPON RECEIPT OF SUCH PETITION AND
DEMAND ORES SHALL FORTHWITH DELIVER TO THE COURT A COPY OF THE RECORD
AND A COPY OF ORES'S DECISION AND OPINION. THEREUPON, THE COURT SHALL
HAVE JURISDICTION OF THE PROCEEDING AND SHALL HAVE THE POWER TO GRANT
SUCH RELIEF AS IT DEEMS JUST AND PROPER, AND TO MAKE AND ENTER AN ORDER
ENFORCING, MODIFYING AND ENFORCING AS SO MODIFIED, REMANDING FOR FURTHER
SPECIFIC EVIDENCE OR FINDINGS OR SETTING ASIDE IN WHOLE OR IN PART SUCH
DECISION. THE APPEAL SHALL BE HEARD ON THE RECORD, WITHOUT REQUIREMENT
OF REPRODUCTION, AND UPON BRIEFS TO THE COURT. THE FINDINGS OF FACT ON
WHICH SUCH DECISION IS BASED SHALL BE CONCLUSIVE IF SUPPORTED BY
S. 8308 78 A. 8808
SUBSTANTIAL EVIDENCE ON THE RECORD CONSIDERED AS A WHOLE AND MATTERS OF
JUDICIAL NOTICE SET FORTH IN THE OPINION. THE JURISDICTION OF THE APPEL-
LATE DIVISION OF THE SUPREME COURT SHALL BE EXCLUSIVE AND ITS JUDGMENT
AND ORDER SHALL BE FINAL, SUBJECT TO REVIEW BY THE COURT OF APPEALS IN
THE SAME MANNER AND FORM AND WITH THE SAME EFFECT AS PROVIDED FOR
APPEALS IN A SPECIAL PROCEEDING. ALL SUCH PROCEEDINGS SHALL BE HEARD AND
DETERMINED BY THE APPELLATE DIVISION OF THE SUPREME COURT AND BY THE
COURT OF APPEALS AS EXPEDITIOUSLY AS POSSIBLE AND WITH LAWFUL PRECEDENCE
OVER ALL OTHER MATTERS.
3. THE GROUNDS FOR AND SCOPE OF REVIEW OF THE COURT SHALL BE LIMITED
TO WHETHER THE DECISION AND OPINION OF ORES ARE:
(A) IN CONFORMITY WITH THE CONSTITUTION, LAWS AND REGULATIONS OF THE
STATE AND THE UNITED STATES;
(B) SUPPORTED BY SUBSTANTIAL EVIDENCE IN THE RECORD AND MATTERS OF
JUDICIAL NOTICE PROPERLY CONSIDERED AND APPLIED IN THE OPINION;
(C) WITHIN THE STATUTORY JURISDICTION OR AUTHORITY OF ORES AND THE
DEPARTMENT;
(D) MADE IN ACCORDANCE WITH PROCEDURES SET FORTH IN THIS SECTION OR
ESTABLISHED BY RULE OR REGULATION PURSUANT TO THIS ARTICLE;
(E) ARBITRARY, CAPRICIOUS OR AN ABUSE OF DISCRETION; OR
(F) MADE PURSUANT TO A PROCESS THAT AFFORDED MEANINGFUL INVOLVEMENT OF
CITIZENS AFFECTED BY THE FACILITY OR PROJECT REGARDLESS OF AGE, RACE,
COLOR, NATIONAL ORIGIN AND INCOME.
4. EXCEPT AS HEREIN PROVIDED ARTICLE SEVENTY-EIGHT OF THE CIVIL PRAC-
TICE LAW AND RULES SHALL APPLY TO APPEALS TAKEN HEREUNDER.
§ 144. FARMLAND PROTECTION WORKING GROUP. 1. THERE IS HEREBY CREATED
IN THE EXECUTIVE DEPARTMENT A FARMLAND PROTECTION WORKING GROUP CONSIST-
ING OF APPROPRIATE STAKEHOLDERS, INCLUDING BUT NOT LIMITED TO:
(A) THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE AND MARKETS;
(B) THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION;
(C) THE EXECUTIVE DIRECTOR OF ORES;
(D) THE CHIEF EXECUTIVE OFFICER OF THE DEPARTMENT OF PUBLIC SERVICE;
(E) THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY;
(F) LOCAL GOVERNMENT OFFICIALS OR REPRESENTATIVES FROM MUNICIPAL
ORGANIZATIONS REPRESENTING TOWNS, VILLAGES, AND COUNTIES; AND
(G) REPRESENTATIVES FROM AT LEAST TWO COUNTY AGRICULTURAL AND FARMLAND
PROTECTION BOARDS.
2. THE WORKING GROUP SHALL, NO LATER THAN ONE YEAR AFTER THE EFFECTIVE
DATE OF THIS SECTION, RECOMMEND STRATEGIES TO ENCOURAGE AND FACILITATE
INPUT FROM MUNICIPALITIES IN THE SITING PROCESS AND TO DEVELOP RECOMMEN-
DATIONS THAT INCLUDE APPROACHES TO RECOGNIZE THE VALUE OF VIABLE AGRI-
CULTURAL LAND AND METHODS TO MINIMIZE ADVERSE IMPACTS TO ANY SUCH LAND
RESULTING FROM THE SITING OF MAJOR RENEWABLE ENERGY FACILITIES.
3. THE WORKING GROUP, ON CALL OF THE COMMISSIONER OF THE DEPARTMENT OF
AGRICULTURE AND MARKETS, SHALL MEET AT LEAST THREE TIMES EACH YEAR AND
AT SUCH OTHER TIMES AS MAY BE NECESSARY.
§ 12. The public service law is amended by adding a new section 174 to
read as follows:
§ 174. MAJOR STEAM ELECTRIC GENERATING FACILITIES CERTIFICATES. ANY
CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY AND PUBLIC NEED ISSUED TO A
MAJOR STEAM ELECTRIC GENERATING FACILITY UNDER THE FORMER ARTICLE EIGHT
OF THIS CHAPTER SHALL BE TREATED FOR PURPOSES OF COMPLIANCE AND ENFORCE-
MENT AS IF SUCH CERTIFICATE WAS ISSUED UNDER ARTICLE TEN OF THIS CHAP-
TER.
S. 8308 79 A. 8808
§ 13. Subdivision (B) of section 206 of the eminent domain procedure
law is amended to read as follows:
(B) pursuant to article VII [or article VIII] of the public service
law it obtained a certificate of environmental compatibility and public
need OR PURSUANT TO ARTICLE VIII OF THE PUBLIC SERVICE LAW IT OBTAINED A
SITING PERMIT WITH RESPECT TO A MAJOR ELECTRIC TRANSMISSION FACILITY or;
§ 14. Subparagraph (g) of paragraph 3 of subdivision (B) of section
402 of the eminent domain procedure law is amended to read as follows:
(g) if the property is to be used for the construction of a major
utility transmission facility, as defined in section one hundred twenty
of the public service law[, or major steam electric generating facility
as defined in section one hundred forty of such law] with respect to
which a certificate of environmental compatibility and public need has
been issued under such law, a statement that such certificate relating
to such property has been issued and is in force, OR IF THE PROPERTY IS
TO BE USED FOR THE CONSTRUCTION OF A MAJOR ELECTRIC TRANSMISSION FACIL-
ITY, AS DEFINED UNDER ARTICLE EIGHT OF THE PUBLIC SERVICE LAW, WITH
RESPECT TO WHICH A SITING PERMIT HAS BEEN ISSUED UNDER SUCH LAW, A
STATEMENT THAT SUCH PERMIT RELATING TO SUCH PROPERTY HAS BEEN ISSUED AND
IS IN FORCE.
§ 15. Subdivision 7 of section 6-106 of the energy law, as added by
chapter 433 of the laws of 2009, is amended to read as follows:
7. Any person who participated in the state energy planning proceeding
or any person who sought an amendment of the state energy plan pursuant
to subdivision six of this section, may obtain, pursuant to article
seventy-eight of the civil practice law and rules, judicial review of
the board's decision adopting a plan, or any amendment thereto, or of
the board's decision not to amend such plan pursuant to subdivision six
of this section. Any such special proceeding shall be brought in the
appellate division of the supreme court of the state of New York for the
third judicial department. Such proceeding shall be initiated by the
filing of a petition in such court within thirty days after the issuance
of a decision by the board. The proceeding shall have a lawful prefer-
ence over any other matter, shall be heard on an expedited basis and
shall be completed in all respects, including any subsequent appeal,
within one hundred eighty days of the filing of the petition. Where more
than one such petition is filed, the court may provide for consolidation
of the proceedings. Notwithstanding the provisions of [article] ARTICLES
seven AND EIGHT of the public service law, the procedure set forth in
this section shall constitute the exclusive means for seeking judicial
review of any element of the plan.
§ 16. Paragraph (b) of subdivision 5 of section 8-0111 of the environ-
mental conservation law, as amended by section 1 of part BBB of chapter
55 of the laws of 2021, is amended to read as follows:
(b) Actions subject to the provisions requiring a certificate of envi-
ronmental compatibility and public need in articles seven[,] AND ten
[and the former article eight] of the public service law or requiring a
siting permit under [section ninety-four-c of the executive law] ARTICLE
EIGHT OF THE PUBLIC SERVICE LAW; or
§ 17. Paragraph (d) of subdivision 2 of section 49-0307 of the envi-
ronmental conservation law, as added by chapter 292 of the laws of 1984,
is amended to read as follows:
(d) where land subject to a conservation easement or an interest in
such land is required for a major utility transmission facility which
has received a certificate of environmental compatibility and public
need pursuant to article seven of the public service law [or is required
S. 8308 80 A. 8808
for a major steam electric generating facility which has received a
certificate of environmental compatibility and public need pursuant to
article eight of the public service law] OR A MAJOR ELECTRIC TRANS-
MISSION FACILITY WHICH HAS RECEIVED A SITING PERMIT PURSUANT TO ARTICLE
EIGHT OF THE PUBLIC SERVICE LAW, upon the filing of such certificate OR
PERMIT in a manner prescribed for recording a conveyance of real proper-
ty pursuant to section two hundred ninety-one of the real property law
or any other applicable provision of law.
§ 18. Paragraph (e) of subdivision 3 of section 49-0307 of the envi-
ronmental conservation law, as amended by chapter 388 of the laws of
2011, is amended to read as follows:
(e) where land subject to a conservation easement or an interest in
such land is required for a major utility transmission facility which
has received a certificate of environmental compatibility and public
need pursuant to article seven of the public service law [or is required
for a major steam electric generating facility which has received a
certificate of environmental compatibility and public need pursuant to
the former article eight of the public service law], A MAJOR ELECTRIC
TRANSMISSION FACILITY WHICH HAS RECEIVED A SITING PERMIT PURSUANT TO
ARTICLE EIGHT OF THE PUBLIC SERVICE LAW, or a major electric generating
facility or repowering project which has received a certificate of envi-
ronmental compatibility and public need pursuant to article ten of the
public service law, upon the filing of such certificate OR PERMIT in a
manner prescribed for recording a conveyance of real property pursuant
to section two hundred ninety-one of the real property law or any other
applicable provision of law, provided that such certificate OR PERMIT
contains a finding that the public interest in the conservation and
protection of the natural resources, open spaces and scenic beauty of
the Adirondack or Catskill parks has been considered.
§ 19. Paragraph (p) of subdivision 27-a of section 1005 of the public
authorities law, as added by section 1 of part QQ of chapter 56 of the
laws of 2023, is amended to read as follows:
(p) Nothing in this subdivision or subdivision twenty-seven-b of this
section, shall be construed as exempting the authority, its subsid-
iaries, or any renewable energy generating projects undertaken pursuant
to this section from the requirements of [section ninety-four-c of the
executive law] ARTICLE EIGHT OF THE PUBLIC SERVICE LAW respecting any
renewable energy system developed by the authority or an authority
subsidiary after the effective date of this subdivision that meets the
definition of "major renewable energy facility" as defined in [section
ninety-four-c of the executive law and section eight of part JJJ of
chapter fifty-eight of the laws of two thousand twenty] ARTICLE EIGHT OF
THE PUBLIC SERVICE LAW, as it relates to host community benefits, and
section 11-0535-c of the environmental conservation law as it relates to
an endangered and threatened species mitigation bank fund.
§ 20. Section 1014 of the public authorities law, as amended by chap-
ter 388 of the laws of 2011, is amended to read as follows:
§ 1014. Public service law not applicable to authority; inconsistent
provisions in other acts superseded. The rates, services and practices
relating to the generation, transmission, distribution and sale by the
authority, of power to be generated from the projects authorized by this
title shall not be subject to the provisions of the public service law
nor to regulation by, nor the jurisdiction of the department of public
service. Except to the extent article seven of the public service law
applies to the siting and operation of a major utility transmission
facility as defined therein, ARTICLE EIGHT OF THE PUBLIC SERVICE LAW
S. 8308 81 A. 8808
APPLIES TO THE SITING AND OPERATION OF A MAJOR ELECTRIC TRANSMISSION
FACILITY AS DEFINED THEREIN, and article ten of the public service law
applies to the siting of a major electric generating facility as defined
therein, and except to the extent section eighteen-a of the public
service law provides for assessment of the authority for certain costs
relating thereto, the provisions of the public service law and of the
environmental conservation law and every other law relating to the
department of public service or the public service commission or to the
environmental conservation department or to the functions, powers or
duties assigned to the division of water power and control by chapter
six hundred nineteen of the laws of nineteen hundred twenty-six, shall
so far as is necessary to make this title effective in accordance with
its terms and purposes be deemed to be superseded, and wherever any
provision of law shall be found in conflict with the provisions of this
title or inconsistent with the purposes thereof, it shall be deemed to
be superseded, modified or repealed as the case may require.
§ 21. Subdivision 1 of section 1020-s of the public authorities law,
as amended by chapter 681 of the laws of 2021, is amended to read as
follows:
1. The rates, services and practices relating to the electricity
generated by facilities owned or operated by the authority shall not be
subject to the provisions of the public service law or to regulation by,
or the jurisdiction of, the public service commission, except to the
extent (a) article seven of the public service law applies to the siting
and operation of a major utility transmission facility as defined there-
in, (b) ARTICLE EIGHT OF THE PUBLIC SERVICE LAW APPLIES TO THE SITING
AND OPERATION OF A MAJOR ELECTRIC TRANSMISSION FACILITY AS DEFINED THER-
EIN, (C) article ten of such law applies to the siting of a generating
facility as defined therein, [(c)] (D) section eighteen-a of such law
provides for assessment for certain costs, property or operations, [(d)]
(E) to the extent that the department of public service reviews and
makes recommendations with respect to the operations and provision of
services of, and rates and budgets established by, the authority pursu-
ant to section three-b of such law, [(e)] (F) that section seventy-four
of the public service law applies to qualified energy storage systems
within the authority's jurisdiction, and [(f)] (G) that section seven-
ty-four-b of the public service law applies to Long Island community
choice aggregation programs.
§ 22. Paragraph (b) of subdivision 1 of section 1020-ii of the public
authorities law, as amended by chapter 201 of the laws of 2019, is
amended to read as follows:
(b) "utility transmission facility" means any electric transmission
line operating at sixty-five kilovolts or higher in the service area,
including associated equipment. It shall not include any transmission
line which is an in-kind replacement or which is located wholly under-
ground. This section also shall not apply to any major [utility] ELEC-
TRIC transmission facility subject to the jurisdiction of article seven
of the public service law; and
§ 23. Paragraph c of subdivision 8 of section 1020-c of the public
authorities law, as amended by chapter 388 of the laws of 2011, is
amended to read as follows:
c. Article [seven] EIGHT of the public service law shall apply to the
authority's siting and operation of a major ELECTRIC transmission facil-
ity as therein defined and article ten of the public service law shall
apply to the authority's siting and operation of a major electric gener-
ating facility as therein defined.
S. 8308 82 A. 8808
§ 24. Subdivision 4 of section 18-a of the public service law, as
amended by chapter 447 of the laws of 1972, is amended to read as
follows:
4. In the case of the power authority of the state of New York, the
[chairman] CHAIRPERSON of the department shall ascertain from time to
time, but not less than once in each fiscal year, all direct and indi-
rect costs of investigating requests by the power authority of the state
of New York to establish new, major [utility] ELECTRIC transmission
facilities [as defined in article seven of this chapter] AND MAJOR
RENEWABLE ENERGY FACILITIES or to establish new, major [steam] electric
generating facilities [as defined in article eight of this chapter]. The
[chairman] CHAIRPERSON shall for each such investigation assess such
costs against the power authority of the state of New York. Bills for
such an investigation may be rendered from time to time, but not less
than once in each fiscal year, and the amount of such bills shall be
paid by the power authority of the state of New York to the department
within thirty days from the date of rendition.
§ 25. Subdivision 2 of section 160 of the public service law, as added
by chapter 388 of the laws of 2011, is amended to read as follows:
2. "Major electric generating facility" means an electric generating
facility with a nameplate generating capacity of twenty-five thousand
kilowatts or more, including interconnection electric transmission lines
THAT ARE NOT SUBJECT TO REVIEW UNDER ARTICLE EIGHT OF THIS CHAPTER and
fuel gas transmission lines that are not subject to review under article
seven of this chapter.
§ 26. Paragraph (e) of subdivision 4 of section 162 of the public
service law, as added by section 3 of part JJJ of chapter 58 of the laws
of 2020, is amended to read as follows:
(e) To a major renewable energy facility as such term is defined in
[section ninety-four-c of the executive law] SECTION EIGHT OF THIS CHAP-
TER; provided, however, that any person intending to construct a major
renewable energy facility, that has a draft pre-application public
involvement program plan pursuant to section one hundred sixty-three of
this article and the regulations implementing this article, which is
pending with the siting board as of the effective date of this paragraph
may remain subject to the provisions of this article or, may, by written
notice to the secretary of the commission, elect to become subject to
the provisions of [section ninety-four-c of the executive law] ARTICLE
EIGHT OF THIS CHAPTER.
§ 27. Subdivision 3 of section 11-103 of the energy law, as amended by
chapter 374 of the laws of 2022, is amended to read as follows:
3. Notwithstanding any other provision of law, the state fire
prevention and building code council in accordance with the mandate
under this article shall have exclusive authority among state agencies
to promulgate a construction code incorporating energy conservation
features and clean energy features applicable to the construction of any
building, including but not limited to greenhouse gas reduction. Any
other code, rule or regulation heretofore promulgated or enacted by any
other state agency, incorporating specific energy conservation and clean
energy requirements applicable to the construction of any building,
shall be superseded by the code promulgated pursuant to this section.
Notwithstanding the foregoing, nothing in this section shall be deemed
to expand the powers of the council to include matters that are exclu-
sively within the statutory jurisdiction of the public service commis-
sion, the department of environmental conservation, [the office of
renewable energy siting] or another state entity.
S. 8308 83 A. 8808
§ 28. Paragraph (d) of subdivision 27-a of section 1005 of the public
authorities law, as added by section 1 of part QQ of chapter 56 of the
laws of 2023, is amended to read as follows:
(d) No later than one hundred eighty days after the effective date of
this subdivision, and annually thereafter, the authority shall confer
with the New York state energy research and development authority, [the
office of renewable energy siting,] the department of public service,
climate and resiliency experts, labor organizations, and environmental
justice and community organizations concerning the state's progress on
meeting the renewable energy goals established by the climate leadership
and community protection act. When exercising the authority provided for
in paragraph (a) of this subdivision, the information developed through
such conferral shall be used to identify projects to help ensure that
the state meets its goals under the climate leadership and community
protection act. Any conferral provided for in this paragraph shall
include consideration of the timing of projects in the interconnection
queue of the federally designated electric bulk system operator for New
York state, taking into account both capacity factors or planned
projects and the interconnection queue's historical completion rate. A
report on the information developed through such conferral shall be
published and made accessible on the website of the authority.
§ 29. Subparagraph (i) of paragraph (e) of subdivision 27-a of section
1005 of the public authorities law, as added by section 1 of part QQ of
chapter 56 of the laws of 2023, is amended to read as follows:
(i) Beginning in two thousand twenty-five, and biennially thereafter
until two thousand thirty-three, the authority, in consultation with the
New York state energy research and development authority, [the office of
renewable energy siting,] the department of public service, and the
federally designated electric bulk system operator for New York state,
shall develop and publish biennially a renewable energy generation stra-
tegic plan ("strategic plan") that identifies the renewable energy
generating priorities based on the provisions of paragraph (a) of this
subdivision for the two-year period covered by the plan as further
provided for in this paragraph.
§ 30. Subdivision l of section 7208 of the education law, as amended
by section 15 of part A of chapter 173 of the laws of 2013, is amended
to read as follows:
l. The practice of engineering or land surveying, or using the title
"engineer" or "surveyor" (i) exclusively as an officer or employee of a
public service corporation by rendering to such corporation such
services in connection with its lines and property which are subject to
supervision with respect to the safety and security thereof by the
public service commission of this state, the interstate commerce commis-
sion or other federal regulatory body and so long as such person is thus
actually and exclusively employed and no longer[, or]; (ii) exclusively
as an officer or employee of the Long Island power authority or its
service provider, as defined under section three-b of the public service
law, by rendering to such authority or provider such services in
connection with its lines and property which are located in such author-
ity's service area and so long as such person is thus actually and
exclusively employed and no longer; OR (III) EXCLUSIVELY AS AN OFFICER
OR EMPLOYEE OF THE DEPARTMENT OF PUBLIC SERVICE BY RENDERING TO SUCH
DEPARTMENT SUCH SERVICES IN CONNECTION WITH REVIEWING THE DESIGN,
CONSTRUCTION AND OPERATION OF UTILITY INFRASTRUCTURE AND SO LONG AS SUCH
PERSON IS THUS ACTUALLY AND EXCLUSIVELY EMPLOYED AND NO LONGER;
S. 8308 84 A. 8808
§ 31. The public service commission shall commence a proceeding within
ninety days of the effective date of this act to consider metrics
related to the timely interconnection of distributed generation
resources into the distribution system owned by an electric corporation,
as well as negative revenue adjustments related to such metrics.
§ 32. This act shall take effect immediately; provided that the amend-
ments to paragraph (e) of subdivision 4 of section 162 of the public
service law made by section twenty-six of this act shall not affect the
repeal of such paragraph and shall be deemed repealed therewith.
PART P
Section 1. Short title. This act shall be known and may be cited as
the "affordable gas transition act".
§ 2. Legislative findings. The legislature finds and declares that:
1. The public service law (the "PSL") establishes the public service
commission ("commission") and department of public service ("depart-
ment") and charges them to ensure that New York residents have safe and
reliable access to energy at rates that are just and reasonable. These
bedrock principles have persisted and guided commission decisions even
as policy priorities and the technologies relied upon by regulated util-
ities and their customers have changed.
2. The climate leadership and community protection act (the "CLCPA")
requires significant greenhouse gas emission reductions from all sectors
of New York's economy and directs state agencies and authorities to
prioritize equity for the communities and workers most directly affected
as they pursue those reductions.
3. Buildings account for approximately one-third of the greenhouse gas
emissions in New York state and produce local air pollution, with
significant adverse health impacts. Reducing the greenhouse gas emis-
sions and local air pollution emitted from New York's buildings, espe-
cially in disadvantaged communities, is necessary to comply with the
CLCPA.
4. Consumers' growing adoption of new electric technologies for space
heating, water heating, cooking, and other functions will increasingly
require responsive changes on the part of electric and gas corporations.
The trend toward electrification is expected to eventually pose a funda-
mental challenge to gas corporations' longstanding business model and,
in particular, make it difficult for gas corporations to recover the
full costs of their extensive infrastructure networks from consumers.
5. To enable the commission to plan effectively for a changing legal
and technological landscape, New York must update how it regulates the
service provided by gas corporations. Appropriate statutory updates will
enable alignment between energy infrastructure investments, changing
technological options and consumer preferences, and the two thousand
thirty and two thousand fifty greenhouse gas emission reduction mandates
in article seventy-five of the environmental conservation law. Without
such updates, it will become increasingly difficult to ensure all New
Yorkers have access to the energy they need for heating, cooling, and
powering the buildings in which they live and work at just and reason-
able rates.
6. The New York State public service law requires utilities to expand
natural gas infrastructure in response to requests from consumers, even
when the foreseeable costs of such expansion promise to become unmanage-
able, and alternatives would be more cost-effective. In this way, the
public service law constrains the commission and department from ensur-
S. 8308 85 A. 8808
ing that utilities respond appropriately to a changing marketplace and
the CLCPA's emission reduction requirements.
a. Statutorily mandated utility system extension allowances shift the
significant costs of new customer hookups to existing customers, creat-
ing strong incentives to expand reliance on natural gas and the infras-
tructure that delivers it while obscuring the costs of such expansion to
all stakeholders.
b. Citing their obligation under the public service law, gas corpo-
rations in New York continue investing in the expansion of gas infras-
tructure despite the risk of that infrastructure becoming a stranded
asset. These investments are made at the expense of alternative
solutions available to utility customers today.
c. Gas corporations' obligation to serve, codified in the public
service law, is a major obstacle to development of neighborhood-scale
building decarbonization projects that would help align energy system
investments with the two thousand thirty and two thousand fifty green-
house gas emission reduction mandates in article seventy-five of the
environmental conservation law in a manner that mitigates costs for all
utility customers and ensures a just transition for impacted workers.
7. Now that multiple liquified natural gas export terminals have inte-
grated domestic sources of natural gas into the international market,
New Yorkers that rely on natural gas may face generally higher fuel
prices and greater price volatility. Decarbonizing buildings, investing
in energy efficiency, and developing renewable sources of electricity
will all yield greater energy security and savings for New York energy
consumers.
8. Thus, it is the intent of the legislature to enact the affordable
gas transition act for the following purposes:
a. to ensure that regulation and oversight of gas utilities pursuant
to the public service law will provide for the timely and strategic
management of the gas system in light of changing technologies and
consumer preferences, greenhouse gas emission reduction requirements,
the need to keep energy affordable for all consumers, and the need to
ensure a just transition for affected communities and workers;
b. to provide the commission with statutory authority and direction to
align its regulations and gas and electric corporations' planning
efforts with ongoing changes in technology and consumer preferences as
well as the CLCPA's requirements;
c. to end statutorily mandated incentives for the expansion of fossil
fuel infrastructure while maintaining the equitable provision of elec-
tric service for efficient heating, cooling, cooking, hot water, and
other uses;
d. to address barriers to the provision of affordable access to elec-
tricity for heating and cooling for low-income and moderate-income
consumers; and
e. to clarify that municipal building codes regulating on-site emis-
sions are not preempted under New York state law.
9. This legislation does not establish a ban on the use of gas. It is
neither the intent nor would it be the effect of this legislation to
require the immediate transition of any existing gas customer to alter-
native heating and cooling services.
§ 3. Subdivision 1 of section 4 of the public service law, as amended
by chapter 594 of the laws of 2021, is amended to read as follows:
1. There shall be in the department of public service a public service
commission, which shall possess the powers and duties hereinafter speci-
fied, and also all powers necessary or proper to enable it to carry out
S. 8308 86 A. 8808
the purposes of this chapter AND TO ENABLE ACHIEVEMENT OF THE CLIMATE
JUSTICE AND EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE OF THE
ENVIRONMENTAL CONSERVATION LAW. The commission shall consist of five
members, to be appointed by the governor, by and with the advice and
consent of the senate. A commissioner shall be designated as [chairman]
CHAIRPERSON of the commission by the governor to serve in such capacity
at the pleasure of the governor or until [his] THEIR term as commission-
er expires whichever first occurs. At least one commissioner shall have
experience in utility consumer advocacy. No more than three commission-
ers may be members of the same political party unless, pursuant to
action taken under subdivision two of this section, the number of
commissioners shall exceed five, and in such event no more than four
commissioners may be members of the same political party.
§ 4. Paragraph b of subdivision 1 and subdivision 2 of section 5 of
the public service law, paragraph b of subdivision 1 as amended and
subdivision 2 as added by chapter 155 of the laws of 1970, are amended
to read as follows:
b. To the manufacture, conveying, transportation, sale or distribution
of gas (natural or manufactured or mixture of both) and electricity for
light, heat, COOLING, or power, to gas plants and to electric plants and
to the persons or corporations owning, leasing or operating the same.
2. The commission shall encourage all persons and corporations subject
to its jurisdiction to formulate and carry out long-range programs,
individually or cooperatively, for the performance of their public
service responsibilities, INCLUDING THE ACHIEVEMENT OF THE CLIMATE
JUSTICE AND EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE OF THE
ENVIRONMENTAL CONSERVATION LAW, with economy, efficiency, and care for
the public safety, the preservation of environmental values and the
conservation of natural resources.
§ 5. Section 30 of the public service law, as amended by chapter 686
of the laws of 2002, is amended to read as follows:
§ 30. Residential gas, electric and steam service policy. 1. This
article shall apply to the provision of all or any part of the gas,
electric or steam service provided to any residential customer by any
gas, electric or steam and municipalities corporation or municipality.
It is hereby declared to be the policy of this state that the continued
provision of [all or any part of such gas,] electric and steam service
to all residential customers without unreasonable qualifications or
lengthy delays is necessary for the preservation of the health and
general welfare, IS CONSISTENT WITH THE ACHIEVEMENT OF THE STATE'S
CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE
OF THE ENVIRONMENTAL CONSERVATION LAW, and is in the public interest.
IT IS FURTHER THE POLICY OF THIS STATE THAT GAS SERVICE FOR EXISTING
RESIDENTIAL CUSTOMERS MUST BE PROVIDED IN A MANNER THAT IS SAFE AND
ADEQUATE, NOT UNJUSTLY DISCRIMINATORY OR UNDULY PREFERENTIAL, AND IN ALL
RESPECTS JUST AND REASONABLE, WHILE PROVIDING FOR AN ORDERLY GAS SYSTEM
TRANSITION TO ACHIEVE CONSISTENCY WITH THE CLIMATE JUSTICE AND EMISSION
REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSER-
VATION LAW, PRIORITIZING LOW-TO-MODERATE INCOME CUSTOMERS AND DISADVAN-
TAGED COMMUNITIES AS DEFINED IN ARTICLE SEVENTY-FIVE OF THE ENVIRON-
MENTAL CONSERVATION LAW, AND ENCOURAGING NEIGHBORHOOD-SCALE TRANSITIONS.
2. THE COMMISSION SHALL REGULATE FOR THE CONTINUED PROVISION OF GAS
SERVICE TO ALL EXISTING RESIDENTIAL CUSTOMERS WHO CHOOSE TO CONTINUE
SERVICE, UNLESS SUCH SERVICE IS DISCONTINUED PURSUANT TO A PROGRAM
APPROVED BY THE COMMISSION. THE COMMISSION SHALL ONLY APPROVE PROGRAMS
THAT ENSURE AFFECTED CUSTOMERS RETAIN CONTINUOUS ACCESS TO SAFE, RELI-
S. 8308 87 A. 8808
ABLE, AND AFFORDABLE ENERGY SERVICES AND CAN SECURE ADEQUATE SUBSTITUTES
FOR GAS-FIRED SPACE HEATING, WATER HEATING, AND COOKING APPLIANCES PRIOR
TO THE DISCONTINUANCE OF GAS SERVICE.
§ 6. Subdivisions 1, 3 and 4 of section 31 of the public service law,
as added by chapter 713 of the laws of 1981, are amended and a new
subdivision 4-a is added to read as follows:
1. Every gas corporation, electric corporation or municipality shall
provide residential service upon the oral or written request of an
applicant, provided that ANY RESIDENTIAL GAS SERVICE SHALL ONLY BE
PROVIDED IN ACCORDANCE WITH SECTION THIRTY OF THIS ARTICLE, AND PROVIDED
FURTHER THAT the commission may require that requests for service be in
writing under circumstances as it deems necessary and proper as set
forth by regulation, and provided further that the applicant:
(a) makes full payment for residential utility service provided to a
prior account in [his] THE APPLICANT'S name; or
(b) agrees to make payments under a deferred payment plan of any
amounts due for service to a prior account in [his] THE APPLICANT'S name
and makes a down payment based on criteria to be established by the
commission. No such down payment shall exceed one-half of any money due
from an applicant for residential utility service, or three months aver-
age billing, whichever is less; or
(c) is a recipient of public assistance, supplemental security income
or additional state payments pursuant to the social services law, or is
an applicant for such assistance, income or payments, and the utility
corporation or the municipality receives payment from, or is notified of
the applicant's eligibility for utility payments by the social services
official of the social services district in which such person resides
for amounts due for service to a prior account in the applicant's name,
together with guarantee of future payments to the extent authorized by
the social services law; AND
(D) RECEIVES CLEAR, TIMELY INFORMATION FROM THE GAS CORPORATION, ELEC-
TRIC CORPORATION, OR MUNICIPALITY, WRITTEN IN PLAIN LANGUAGE ON INCEN-
TIVES AND OPPORTUNITIES FOR INSTALLING ENERGY-EFFICIENT ELECTRIC HEATING
AND COOLING TECHNOLOGIES, WEATHERIZATION, DEMAND-SIDE MANAGEMENT, AND
DISTRIBUTED ENERGY RESOURCE PROGRAMS.
(E) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT EXIST-
ING GAS CUSTOMERS, IN ACCORDANCE WITH SECTION THIRTY OF THIS ARTICLE AND
SUBJECT TO ANY OTHER REGULATIONS IMPLEMENTED BY THE COMMISSION, FROM
RECONNECTING TO THE GAS CORPORATION'S SYSTEM FOLLOWING A GAS INTER-
RUPTION DUE TO EMERGENCY REPAIRS OR REMEDIATION OF LEAKING EQUIPMENT.
3. Subject to the requirements of subdivisions four, FOUR-A, and five
of this section, AND IN ACCORDANCE WITH SECTION THIRTY OF THIS ARTICLE,
whenever a residential customer moves to a new residence within the
service territory of the same utility corporation or municipality, [he]
THE APPLICANT shall be eligible to receive service at the new residence
and such service shall be considered a continuation of service [in all
respects], with any deferred payment agreement honored, and with all
rights of such customer and such utility corporation provided by this
article unimpaired.
4. In the case of any application for service to a building which is
not supplied with electricity [or gas], a utility corporation or munici-
pality shall be obligated to provide ELECTRIC service to such a build-
ing, provided however, that the commission may require applicants for
service to buildings located in excess of one hundred feet from [gas or]
electric transmission lines to pay or agree in writing to pay material
S. 8308 88 A. 8808
and installation costs relating to the applicant's proportion of the
[pipe,] conduit, duct or wire, or other facilities to be installed.
4-A. IN THE CASE OF ANY APPLICATION FOR GAS SERVICE TO A BUILDING
WHICH IS NOT SUPPLIED WITH GAS, A UTILITY CORPORATION OR MUNICIPALITY
SHALL PROVIDE GAS SERVICE TO SUCH A BUILDING AS AUTHORIZED BY THE
COMMISSION, PROVIDED HOWEVER, THAT THE COMMISSION MAY REQUIRE APPLICANTS
FOR GAS SERVICE TO BUILDINGS TO PAY OR AGREE IN WRITING TO PAY MATERIAL
AND INSTALLATION COSTS RELATING TO ALL OR A PORTION OF THE PIPE OR OTHER
FACILITIES TO BE INSTALLED TO ENABLE SERVICE TO THE APPLICANT.
§ 7. Section 12 of the transportation corporations law, as separately
amended by chapters 713 and 895 of the laws of 1981, is amended to read
as follows:
§ 12. [Gas and electricity] ELECTRICITY must be supplied on applica-
tion. Except in the case of an application for residential utility
service pursuant to article two of the public service law, upon written
application of the owner or occupant of any building within one hundred
feet of any [main of a gas corporation or gas and electric corporation,
or a] line of an electric corporation or gas and electric corporation,
appropriate to the service requested, and payment by [him] THE APPLICANT
of all money due from [him] THE APPLICANT to the corporation, it shall
supply [gas or] electricity as may be required for [lighting] such
building, notwithstanding there be rent or compensation in arrears for
gas or electricity supplied, or for meter, wire, pipe or fittings
furnished, to a former occupant thereof, unless such owner or occupant
shall have undertaken or agreed with the former occupant to pay or to
exonerate [him] THEM from the payment of such arrears, and shall refuse
or neglect to pay the same; and if for the space of ten days after such
application, and the deposit of a reasonable sum [as provided in the
next section], if required, the corporation shall refuse or neglect to
supply [gas or electric light] ELECTRICITY as required, such corporation
shall forfeit and pay to the applicant the sum of ten dollars, and the
further sum of five dollars for every day thereafter during which such
refusal or neglect shall continue; provided that no such corporation
shall be required to lay service [pipes or] wires for the purpose of
supplying [gas or electric light] ELECTRICITY to any applicant where the
ground in which such [pipe or] wire is required to be laid shall be
frozen, or shall otherwise present serious obstacles to laying the same;
nor unless the applicant, if required, shall deposit in advance with the
corporation a sum of money sufficient to pay the cost of [his propor-
tion] THE APPLICANT'S PORTION of the [pipe,] conduit, duct or wire
required to be installed, and the expense of the installation of such
portion.
§ 8. The transportation corporations law is amended by adding a new
section 13 to read as follows:
§ 13. GAS MUST BE SUPPLIED IN ACCORDANCE WITH PUBLIC SERVICE COMMIS-
SION RULES AND REGULATIONS. EXCEPT IN THE CASE OF AN APPLICATION FOR
RESIDENTIAL UTILITY SERVICE PURSUANT TO ARTICLE TWO OF THE PUBLIC
SERVICE LAW, UPON WRITTEN APPLICATION OF THE OWNER OR OCCUPANT OF ANY
BUILDING WITHIN ONE HUNDRED FEET OF ANY MAIN OF A GAS CORPORATION OR GAS
AND ELECTRIC CORPORATION APPROPRIATE TO THE SERVICE REQUESTED, AND
PAYMENT BY THE APPLICANT OF ALL MONEY DUE FROM THE APPLICANT TO THE
CORPORATION, IT SHALL SUPPLY GAS FOR SUCH BUILDING AS AUTHORIZED BY THE
COMMISSION, NOTWITHSTANDING THERE BE RENT OR COMPENSATION IN ARREARS FOR
GAS SUPPLIED, OR FOR METER, PIPE OR FITTINGS FURNISHED, TO A FORMER
OCCUPANT THEREOF, UNLESS SUCH OWNER OR OCCUPANT SHALL HAVE UNDERTAKEN OR
AGREED WITH THE FORMER OCCUPANT TO PAY OR TO EXONERATE THEM FROM THE
S. 8308 89 A. 8808
PAYMENT OF SUCH ARREARS, AND SHALL REFUSE OR NEGLECT TO PAY THE SAME;
AND IF FOR THE SPACE OF TEN DAYS AFTER SUCH APPLICATION, AND THE DEPOSIT
OF A REASONABLE SUM, IF REQUIRED, THE CORPORATION SHALL REFUSE OR
NEGLECT TO SUPPLY GAS AS REQUIRED PURSUANT TO PUBLIC SERVICE COMMISSION
RULES AND REGULATIONS, SUCH CORPORATION SHALL FORFEIT AND PAY TO THE
APPLICANT THE SUM OF TEN DOLLARS, AND THE FURTHER SUM OF FIVE DOLLARS
FOR EVERY DAY THEREAFTER DURING WHICH SUCH REFUSAL OR NEGLECT SHALL
CONTINUE; PROVIDED THAT NO SUCH CORPORATION SHALL BE REQUIRED TO LAY
SERVICE PIPES FOR THE PURPOSE OF SUPPLYING GAS TO ANY APPLICANT WHERE
THE GROUND IN WHICH SUCH PIPE IS REQUIRED TO BE LAID SHALL BE FROZEN, OR
SHALL OTHERWISE PRESENT SERIOUS OBSTACLES TO LAYING THE SAME; NOR UNLESS
THE APPLICANT, IF REQUIRED, SHALL DEPOSIT IN ADVANCE WITH THE CORPO-
RATION A SUM OF MONEY SUFFICIENT TO PAY THE MATERIAL AND INSTALLATION
COSTS RELATING TO ALL OR A PORTION OF THE PIPE OR OTHER FACILITIES TO BE
INSTALLED TO ENABLE SERVICE TO THE APPLICANT.
§ 9. Subdivision 2 of section 66 of the public service law, as amended
by chapter 877 of the laws of 1953, is amended and two new subdivisions
2-b and 12-e are added to read as follows:
2. Investigate and ascertain, from time to time, the quality of gas
supplied by persons, corporations and municipalities; examine or inves-
tigate the methods employed by such persons, corporations and munici-
palities in manufacturing, distributing and supplying gas or electricity
for light, heat, COOLING, or power and in transmitting the same, and
have power to order such reasonable improvements as will best promote
the public interest, preserve the public health and protect those using
such gas or electricity and those employed in the manufacture and
distribution thereof, and have power to order reasonable improvements
and extensions of the works, wires, poles, lines, conduits, ducts and
other reasonable devices, apparatus and property of gas corporations,
electric corporations and municipalities; and have power after an inves-
tigation and a hearing to order any corporation having authority under
any general or special law or under any charter or franchise, to lay
down, erect or maintain wires, pipes, conduits, ducts or other fixtures
in, over or under the streets, highways and public places of any munici-
pality for the purpose of supplying, selling or distributing natural
gas, to augment its supply of natural gas, whenever the commission deems
necessary and whenever artificial gas can be reasonably obtained, by
acquiring by purchase, manufacture or otherwise a supply thereof to be
mixed with such natural gas, in order to render adequate service to the
customers of such corporation or to maintain a proper and uniform pres-
sure; and have power after an investigation and a hearing to order any
corporation having authority under any general or special law or under
any charter or franchise, to lay down, erect or maintain wires, pipes,
conduits, ducts or other fixtures in, over or under the streets, high-
ways and public places of any municipality for the purpose of supplying,
selling or distributing artificial gas, to augment its supply of artifi-
cial gas, whenever the commission deems necessary and whenever natural
gas can be reasonably obtained, by acquiring by purchase or otherwise a
supply thereof to be mixed with such artificial gas, in order to render
adequate service to the customers of such corporation or to maintain a
proper and uniform pressure; and to fix such rate for the supplying of
mixed gas as shall secure to such corporation a fair return; and may
order the curtailment or discontinuance of the use of natural gas for
manufacturing or industrial purposes, for periods aggregating not to
exceed four months in any calendar year, if it is established to the
satisfaction of the commission that the supply of natural gas is not
S. 8308 90 A. 8808
adequate to meet the reasonable demands of domestic consumption [and may
prohibit the use of natural gas in wasteful devices and practices].
2-B. HAVE POWER TO PROHIBIT THE USE OF NATURAL GAS IN WASTEFUL DEVICES
AND PRACTICES, AND TO ORDER THE CURTAILMENT OR DISCONTINUANCE OF THE USE
OF ALL OR PORTIONS OF THE WORKS, PIPES, AND OTHER GAS PLANT OF A GAS
CORPORATION, WHERE THE COMMISSION HAS DETERMINED THAT SUCH CURTAILMENT
OR DISCONTINUANCE IS REASONABLY REQUIRED TO IMPLEMENT STATE ENERGY POLI-
CY, PROVIDED THAT SUCH CURTAILMENT OR DISCONTINUANCE SHALL BE CONSISTENT
WITH A COMMISSION-APPROVED PROGRAM TO ACHIEVE CONSISTENCY WITH THE
CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE
OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING THE OPPORTUNITY FOR
RECOVERY OF THE GAS CORPORATION'S INVESTMENT IN SUCH SYSTEM AT JUST AND
REASONABLE RATES.
12-E. THE COMMISSION SHALL REVIEW THE CAPITAL CONSTRUCTION PLAN OF
EACH GAS CORPORATION AND ESTABLISH A PROCESS TO EXAMINE FEASIBLE ALTER-
NATIVES TO SUCH CONSTRUCTION IN ORDER TO ALIGN WITH THE CLIMATE JUSTICE
AND EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE OF THE ENVIRON-
MENTAL CONSERVATION LAW. THE COMMISSION MAY REQUIRE PARTICIPATION IN
SUCH PROCESS BY EACH ELECTRIC CORPORATION WITH A SERVICE AREA OVERLAP-
PING THE SERVICE AREA OF THE GAS CORPORATION.
§ 10. Section 66-a of the public service law, as added by chapter 7 of
the laws of 1948, subdivision 1 as amended and subdivision 3 as added by
chapter 582 of the laws of 1975, subdivision 2 as amended by chapter 722
of the laws of 1977, is amended to read as follows:
§ 66-a. Conservation of gas, declaration of policy, delegation of
power. 1. It is hereby declared to be the policy of this state that
when there develops in any area a situation under which a gas corpo-
ration supplying gas to such area is unable to meet the reasonable needs
of its consumers and of persons or corporations applying for new or
additional gas service, the available supply of gas shall be allocated
among the customers of such gas corporation, in such manner as may be
necessary to protect public health and safety and to avoid undue hard-
ship, PARTICULARLY FOR LOW-TO-MODERATE INCOME RESIDENTIAL CUSTOMERS,
ELECTRIC GENERATION NEEDED FOR ELECTRIC SYSTEM RELIABILITY, AND CUSTOM-
ERS WITH HARD-TO-ELECTRIFY INDUSTRIAL AND COMMERCIAL USES, pursuant to
rules and regulations as may be adopted by the commission, and that to
carry out this declared policy the jurisdiction of the public service
commission should be clarified.
2. Notwithstanding the provisions of any statute or any franchise held
by a gas corporation, the commission shall have power, upon the finding
that CONTINUED GAS SERVICE IS NOT CONSISTENT WITH THE ACHIEVEMENT OF THE
CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE
OF THE ENVIRONMENTAL CONSERVATION LAW, OR THAT there exists such a shor-
tage of gas in any area in the state, that the gas corporation supplying
such area is unable and will be unable to secure or produce sufficient
gas to meet the reasonable needs of its customers and of persons or
corporations applying for new or additional gas service, to require such
corporation to immediately discontinue the supplying of gas to addi-
tional customers or of supplying additional service to present custom-
ers, for such purpose or purposes as may be designated by the commis-
sion, or to customers using gas for a purpose prohibited by the
commission pursuant to this act, and that upon the finding that the
supply of gas available is and will be insufficient to supply the
demands of all consumers receiving service, to require such gas corpo-
ration to curtail or discontinue service to any or all classes of
customers of such gas corporation. In imposing such a direction or
S. 8308 91 A. 8808
requirement, the commission shall give consideration first to existing
domestic uses and uses deemed to be necessary by the commission to
protect public health and safety and to avoid undue hardship [and shall
be limited to the period of the emergency provided that the gas corpo-
ration affected shall make such restriction, curtailing or discontin-
uance applicable to all customers or applicants for service in a like
class. If the commission determines that good cause exists for supplying
service to additional customers or for supplying additional service to
some existing customers, notwithstanding the curtailment or discontin-
uance of service to other existing customers, it shall, to the extent
feasible, allocate gas with equal priority to new or additional domestic
uses of gas and commercial or industrial processes which require gas
because there is no practical substitute for it in such proportion as
the commission determines to be reasonable. Provided that the commis-
sion shall be permitted, after public hearing, to authorize any natural
gas produced from lands under the waters of Lake Erie to be used for
process or feedstock requirements]. The commission is authorized to
adopt such rules, regulations and orders as are necessary or appropriate
to carry out these delegated powers.
3. In carrying out the delegated powers provided for in this section,
the commission shall, to the extent practicable, determine and establish
gas conservation measures or standards, INCLUDING ENERGY-EFFICIENT ELEC-
TRIFICATION OF GAS END USES. The commission may require compliance with
such measures or standards as a condition of receiving service.
4. THE COMMISSION SHALL DETERMINE CONDITIONS UNDER WHICH NEW OR ADDI-
TIONAL GAS SERVICE IS WARRANTED NOTWITHSTANDING THE NEED TO CONSERVE
RESOURCES FOR SERVICE TO EXISTING GAS CUSTOMERS. SUCH DETERMINATION
SHALL BE CONSISTENT WITH THE ACHIEVEMENT OF THE CLIMATE JUSTICE AND
EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL
CONSERVATION LAW, AND MAY TAKE INTO ACCOUNT FACTORS INCLUDING ECONOMIC
DEVELOPMENT, IMPACTS ON NEW AND EXISTING CUSTOMERS INCLUDING LOW-TO-MOD-
ERATE INCOME CUSTOMERS, IMPACTS ON SYSTEM SAFETY AND ADEQUACY, EQUITY
TOWARD EXISTING CUSTOMERS WITH LIMITED CONVERSION ALTERNATIVES, AND THE
FEASIBILITY OF NEIGHBORHOOD-SCALE ALTERNATIVES TO USAGE OF FUELS WITH
HIGH LIFE-CYCLE GREENHOUSE GAS EMISSIONS AND ON-SITE CO-POLLUTANT EMIS-
SIONS, INCLUDING THERMAL ENERGY NETWORKS.
§ 11. Section 66-b of the public service law is REPEALED.
§ 12. The public service law is amended by adding a new section 66-w
to read as follows:
§ 66-W. EXPANSION OF GAS PLANT INTO NEW AREAS. EXCEPT AS PROVIDED IN
THIS SECTION, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER,
AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, NO GAS CORPO-
RATION SHALL COMMENCE CONSTRUCTION OF A NEW GAS PLANT THAT WOULD EXPAND
THE AVAILABILITY OF SERVICE INTO GEOGRAPHIC AREAS WHERE GAS SERVICE WAS
NOT AVAILABLE PRIOR TO THAT DATE AS DEFINED BY THE APPLICABLE UTILITY'S
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY APPROVED BY THE COMMIS-
SION. THE COMMISSION MAY AUTHORIZE EXCEPTIONS ON A CASE-BY-CASE BASIS,
PROVIDED THAT THE COMMISSION FINDS THAT SUCH CONSTRUCTION SERVES THE
PUBLIC INTEREST OR ALTERNATIVES TO GAS SERVICE ARE EITHER NOT TECHNICAL-
LY FEASIBLE OR PROHIBITIVELY EXPENSIVE.
§ 13. Severability clause. The provisions of this act shall be severa-
ble and if the application of any clause, sentence, paragraph, subdivi-
sion, section, or part thereof to any person or circumstance shall be
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair, or invalidate the appli-
cation of any such clause, sentence, paragraph, subdivision, section,
S. 8308 92 A. 8808
part or remainder thereof, as the case may be, to any other person,
circumstance, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
§ 14. This act shall take effect immediately.
PART Q
Section 1. Expenditures of moneys appropriated to the department of
agriculture and markets from the special revenue funds-other/state oper-
ations, miscellaneous special revenue fund-339, public service account
shall be subject to the provisions of this section. Notwithstanding any
other provision of law to the contrary, direct and indirect expenses
relating to the department of agriculture and markets' participation in
general ratemaking proceedings pursuant to section 65 of the public
service law or certification proceedings pursuant to article 7 or 10 of
the public service law, shall be deemed expenses of the department of
public service within the meaning of section 18-a of the public service
law. No later than August 15th annually, the commissioner of the depart-
ment of agriculture and markets shall submit an accounting of such
expenses, including, but not limited to, expenses in the prior state
fiscal year for personal and non-personal services and fringe benefits,
to the chair of the public service commission for the chair's review
pursuant to the provisions of section 18-a of the public service law.
§ 2. Expenditures of moneys appropriated to the department of state
from the special revenue funds-other/state operations, miscellaneous
special revenue fund-339, public service account shall be subject to the
provisions of this section. Notwithstanding any other provision of law
to the contrary, direct and indirect expenses relating to the activities
of the department of state's utility intervention unit pursuant to
subdivision 4 of section 94-a of the executive law, including, but not
limited to participation in general ratemaking proceedings pursuant to
section 65 of the public service law or certification proceedings pursu-
ant to article 7 or 10 of the public service law, and expenses related
to the activities of the major renewable energy development program
established by section 94-c of the executive law, shall be deemed
expenses of the department of public service within the meaning of
section 18-a of the public service law. No later than August 15th annu-
ally, the secretary of state shall submit an accounting of such
expenses, including, but not limited to, expenses in the prior state
fiscal year for personal and non-personal services and fringe benefits,
to the chair of the public service commission for the chair's review
pursuant to the provisions of section 18-a of the public service law.
§ 3. Expenditures of moneys appropriated to the office of parks,
recreation and historic preservation from the special revenue funds-
other/state operations, miscellaneous special revenue fund-339, public
service account shall be subject to the provisions of this section.
Notwithstanding any other provision of law to the contrary, direct and
indirect expenses relating to the office of parks, recreation and
historic preservation's participation in general ratemaking proceedings
pursuant to section 65 of the public service law or certification
proceedings pursuant to article 7 or 10 of the public service law, shall
be deemed expenses of the department of public service within the mean-
ing of section 18-a of the public service law. No later than August 15th
annually, the commissioner of the office of parks, recreation and
S. 8308 93 A. 8808
historic preservation shall submit an accounting of such expenses,
including, but not limited to, expenses in the prior state fiscal year
for personal and non-personal services and fringe benefits, to the chair
of the public service commission for the chair's review pursuant to the
provisions of section 18-a of the public service law.
§ 4. Expenditures of moneys appropriated to the department of environ-
mental conservation from the special revenue funds-other/state oper-
ations, environmental conservation special revenue fund-301, utility
environmental regulation account shall be subject to the provisions of
this section. Notwithstanding any other provision of law to the contra-
ry, direct and indirect expenses relating to the department of environ-
mental conservation's participation in state energy policy proceedings,
or certification proceedings pursuant to article 7 or 10 of the public
service law, shall be deemed expenses of the department of public
service within the meaning of section 18-a of the public service law. No
later than August 15th annually, the commissioner of the department of
environmental conservation shall submit an accounting of such expenses,
including, but not limited to, expenses in the prior state fiscal year
for personal and non-personal services and fringe benefits, to the chair
of the public service commission for the chair's review pursuant to the
provisions of section 18-a of the public service law.
§ 5. Notwithstanding any other law, rule or regulation to the contra-
ry, expenses of the department of health public service education
program incurred pursuant to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service. No later than August 15th
annually, the commissioner of the department of health shall submit an
accounting of expenses in the prior state fiscal year to the chair of
the public service commission for the chair's review pursuant to the
provisions of section 217 of the public service law.
§ 6. Any expense deemed to be expenses of the department of public
service pursuant to sections one through four of this act shall not be
recovered through assessments imposed upon telephone corporations as
defined in subdivision 17 of section 2 of the public service law.
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024 and shall
expire and be deemed repealed April 1, 2029.
PART R
Section 1. Subdivision 2 of section 195 of the agriculture and markets
law, as amended by section 2 of part D of chapter 82 of the laws of
2002, is amended to read as follows:
2. Upon application, a weighmaster's license may be issued by the
commissioner to an employee of a person, firm, partnership or corpo-
ration whose business requires, by contract or otherwise, that materials
or commodities manufactured, produced, distributed, sold or handled by
such person, firm, partnership or corporation be weighed by a licensed
weighmaster; or such license may be issued to an individual engaged in
the weighing of materials or commodities. The applicant shall furnish
satisfactory evidence of good character and of ability to weigh accu-
rately and to make correct weight tickets. [He] THE APPLICANT shall
also furnish evidence that [he] SUCH APPLICANT owns, leases or has
access to a stationary scale within the state suitable for weighing the
materials or commodities to be weighed by [him] THE APPLICANT or that
[he] THE APPLICANT is regularly employed by a person, firm, partnership
S. 8308 94 A. 8808
or corporation who owns, leases or has access to such a scale which has
been tested and sealed by the weights and measures official charged with
such duty. The applicant shall pay [a fee of fifteen dollars] AN APPRO-
PRIATE FEE COMMENSURATE WITH COSTS AS ESTABLISHED BY REGULATION. A
license shall be for a period not exceeding three years and may be
renewed in the discretion of the commissioner upon payment of the fee
aforesaid. Such license shall be kept at the place where the weighmaster
is engaged in weighing and shall be open to inspection. An application
may be denied or a license may be revoked by the commissioner, after a
hearing upon due notice to the applicant or licensee, for dishonesty,
incompetency, inaccuracy or a violation of the provisions of this arti-
cle or the rules and regulations adopted pursuant thereto.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART S
Section 1. Subdivision 3 of section 54-1511 of the environmental
conservation law, as added by section 5 of part U of chapter 58 of the
laws of 2016, is amended to read as follows:
3. State assistance payments shall not exceed fifty percent of the
project cost or two million dollars, whichever is less, PROVIDED HOWEVER
IF A MUNICIPALITY MEETS CRITERIA ESTABLISHED BY THE DEPARTMENT RELATING
TO EITHER FINANCIAL HARDSHIP OR DISADVANTAGED COMMUNITIES PURSUANT TO
SECTION 75-0101 OF THIS CHAPTER, THE COMMISSIONER MAY AUTHORIZE STATE
ASSISTANCE PAYMENTS OF UP TO EIGHTY PERCENT OF THE PROJECT COST OR TWO
MILLION DOLLARS, WHICHEVER IS LESS. Such costs are subject to final
computation and determination by the commissioner upon completion of the
project, and shall not exceed the maximum eligible cost set forth in the
contract.
§ 2. This act shall take effect immediately.
PART T
Section 1. Section 72-0302 of the environmental conservation law, as
amended by chapter 608 of the laws of 1993, the opening paragraph of
subdivision 1 and the closing paragraph as amended by chapter 432 of the
laws of 1997, and paragraph (e) of subdivision 1 as amended and para-
graphs (f) and (g) of subdivision 1 as relettered by chapter 170 of the
laws of 1994, is amended to read as follows:
§ 72-0302. State air quality control fees.
1. All persons, except those required to pay a fee under section
72-0303 of this [article] TITLE, who are required to obtain a permit,
[certificate] REGISTRATION or OTHER OPERATING approval pursuant to the
state air quality control program AND THE RULES AND REGULATIONS ADOPTED
BY THE DEPARTMENT HEREUNDER shall submit to the department [a per emis-
sion point] AN ANNUAL fee in an amount established as follows:
a. [$11,000.00 for a stationary combustion installation having a maxi-
mum operating heat input equal to or greater than fifty million British
thermal units per hour as stated on the most recent application for a
permit to construct or application for a certificate to operate and
which emits or has the potential to emit equal to or greater than any
one of the following:
S. 8308 95 A. 8808
(i) one hundred tons per year of oxides of nitrogen, or if located in
a severe ozone nonattainment area, twenty-five tons per year; or
(ii) one hundred tons per year of sulfur dioxide; or
(iii) one hundred tons per year of particulates] $5,000.00 FOR EACH
STATE FACILITY PERMIT.
b. [$2,000.00 for all stationary combustion installations which are
not included under paragraph a of this subdivision and which have a
maximum operating heat input greater than fifty million British thermal
units per hour as stated on the most recent application for a certif-
icate to operate] $500.00 FOR EACH REGISTRATION OR OTHER OPERATING
APPROVAL.
[c. $100.00 for a stationary combustion installation having a maximum
operating heat input less than fifty million British thermal units per
hour as stated on the most recent application for a certificate to oper-
ate.
d. $2,000.00 for a process air contamination source for an annual
emission rate equal to or greater than twenty-five tons per year of any
one of the following: sulfur dioxide, nitrogen dioxide, total particu-
lates, carbon monoxide, total volatile organic compounds and other
specific air contaminants. The annual emission rate shall be the actual
annual emission rate as stated on the most recent application for a
permit to construct or application for a certificate to operate. In the
event that hours of operation have not been specified on the applica-
tions then maximum possible hours of operation (8760 hours) will be used
to calculate actual annual emissions.
e. $160.00 for a process air contamination source, except a gasoline
[dispencing] DISPENSING site, for an annual emission rate less than
twenty-five tons per year of any one of the following: sulfur dioxide,
nitrogen dioxide, total particulates, carbon monoxide, total volatile
organic compounds and other specific air contaminants. The annual emis-
sion rate shall be the actual annual emission rate as applied for on the
most recent application for a permit to construct or application for a
certificate to operate. In the event that hours of operation have not
been specified on the applications then maximum possible hours of opera-
tion (8760 hours) will be used to calculate actual annual emissions.
f. $2,000.00 for an incinerator capable of charging two thousand
pounds of refuse per hour or greater. The charging capacity will be
established in accordance with the application for the most recent
permit to construct or application for a certificate to operate the
incinerator source and will be calculated on an emission point basis.
g. $160.00 for an incinerator with a maximum design charge rate of
less than two thousand pounds of refuse per hour. The charging capacity
will be established in accordance with the application for the most
recent permit to construct or application for a certificate to operate
the incinerator source and will be calculated on an emission point
basis.]
Provided, however, that where a city or county is delegated the
authority to administer the state air quality control program, or any
portion thereof, pursuant to paragraph p of subdivision two of section
3-0301 of this chapter and such city or county collects a fee in
connection with the issuance of a permit, [certificate] REGISTRATION or
OTHER OPERATING approval [for a combustion installation, incinerator or
process air contamination source] PURSUANT TO THE STATE AIR QUALITY
CONTROL PROGRAM AND THE RULES AND REGULATIONS ADOPTED BY THE DEPARTMENT
HEREUNDER, no additional liability for fees under this section shall
S. 8308 96 A. 8808
accrue for the particular combustion installation, incinerator or proc-
ess air contamination source that is subject to the delegation.
§ 2. Subdivisions 1, 3 and 5 of section 72-0303 of the environmental
conservation law, subdivisions 1 and 3 as amended by section 1 of part D
of chapter 413 of the laws of 1999, the opening paragraph of subdivision
1 as amended by section 1 of part Y of chapter 58 of the laws of 2015
and subdivision 5 as added by chapter 608 of the laws of 1993, are
amended to read as follows:
1. Commencing January first, two thousand [fifteen] TWENTY-SEVEN and
every year thereafter, all sources of regulated air contaminants identi-
fied pursuant to subdivision one of section 19-0311 of this chapter
shall submit to the department an annual base fee of [two] TEN thousand
[five hundred] dollars PER FACILITY. This base fee shall be in addition
to the fees listed below. Commencing January first, [nineteen hundred
ninety-four] TWO THOUSAND TWENTY-SEVEN and every year thereafter, all
sources of regulated air contaminants identified pursuant to subdivision
one of section 19-0311 of this chapter shall submit to the department an
annual fee not to exceed [the] TWO HUNDRED FORTY-FIVE DOLLARS per ton
[fees described below. The per ton fee is assessed on each ton of emis-
sions up to seven thousand tons annually of each regulated air contam-
inant as follows: sixty dollars per ton for facilities with total emis-
sions less than one thousand tons annually; seventy dollars per ton for
facilities with total emissions of one thousand or more but less than
two thousand tons annually; eighty dollars per ton for facilities with
total emissions of two thousand or more but less than five thousand tons
annually; and ninety dollars per ton for facilities with total] OF emis-
sions of [five thousand or more tons annually] REGULATED AIR CONTAM-
INANTS. Such [fee] FEES shall be sufficient to support an appropriation
approved by the legislature for the direct and indirect costs associated
with the operating permit program established in section 19-0311 of this
chapter. Such [fee] FEES shall be established by the department and
shall be calculated by dividing the amount of the current year appropri-
ation from the operating permit program account of the clean air fund by
the total tons of emissions of regulated air contaminants, INCLUDING
HAZARDOUS AIR POLLUTANTS, that are subject to the operating permit
program fees from sources subject to the operating permit program pursu-
ant to section 19-0311 of this chapter [up to seven thousand tons annu-
ally of each regulated air contaminant from each source]; provided that,
in making such calculation, the department shall adjust their calcu-
lation to account for any deficit or surplus in the operating permit
program account of the clean air fund established pursuant to section
ninety-seven-oo of the state finance law[; any loan repayment from the
mobile source account of the clean air fund established pursuant to
section ninety-seven-oo of the state finance law;] and the rate of
collection by the department of the bills issued for the [fee] FEES for
the prior year.
Notwithstanding the provisions of the state administrative procedure
act, such calculation and [fee] FEES shall be established as a rule by
publication in the Environmental Notice Bulletin no later than thirty
days after the budget bills making appropriations for the support of
government are enacted or July first, whichever is later, of the year
such [fee] FEES will be effective. In no event shall the [fee] FEES
established herein be any greater than the maximum fee identified pursu-
ant to this section.
3. Effective January first, [nineteen hundred ninety-seven through
December thirty-first, nineteen hundred ninety-eight] TWO THOUSAND TWEN-
S. 8308 97 A. 8808
TY-SEVEN AND EACH YEAR THEREAFTER, and notwithstanding the requirements
of the state administrative procedure act, [the cap of twenty-five
dollars] EACH per ton FEE shall increase by the percentage, if any, by
which the consumer price index exceeds the consumer price index for the
[calendar] PRIOR CALENDAR year [nineteen hundred eighty-nine].
a. The consumer price index for any PRIOR calendar year is the average
of the consumer price index for all urban consumers published by the
United States department of labor, as of the close of the twelve-month
period ending on August thirty-first of each calendar year.
b. The [revision of the] DEPARTMENT SHALL USE THE MOST RECENT consumer
price index [for the calendar year nineteen hundred eighty-nine shall be
used in the event] PUBLISHED BY the department of labor [revises its
method of determining the consumer price index].
5. Any regulated air contaminant subject to the fees imposed pursuant
to this section which qualifies as both a volatile organic compound and
a hazardous air pollutant regulated pursuant to section 7412 of the Act
shall not be counted under both categories AND SHALL ONLY BE COUNTED AS
A HAZARDOUS AIR POLLUTANT for the purpose of assessing fees.
§ 3. Subdivision 7 of section 72-0303 of the environmental conserva-
tion law is REPEALED.
§ 4. Subdivisions 8, 9 and 10 of section 72-0303 of the environmental
conservation law are renumbered subdivisions 7, 8 and 9.
§ 5. Paragraph c of subdivision 2 of section 97-oo of the state
finance law, as added by chapter 608 of the laws of 1993, is REPEALED.
§ 6. The environmental conservation law is amended by adding a new
section 19-0328 to read as follows:
§ 19-0328. FEE PROGRAMS.
1. IN ORDER TO COMPLY WITH THE STATUTORY MANDATES OF THE ACT, THE
DEPARTMENT MAY IMPLEMENT NEW OR REVISE EXISTING REGULATORY OR PERMITTING
FEE PROGRAMS, INCLUDING BUT NOT LIMITED TO THE PROGRAMS ESTABLISHED BY
TITLE V AND SECTION 7511D OF THE ACT.
2. SUCH FEE SHALL BE CALCULATED BASED UPON TON OF VOLATILE ORGANIC
COMPOUND, OXIDES OF NITROGEN, OR OTHER REGULATED AIR CONTAMINANT EMITTED
AS SET FORTH IN THE ACT, THIS ARTICLE OR OTHERWISE PURSUANT TO REGU-
LATION ESTABLISHED BY THE DEPARTMENT.
3. THE DEPARTMENT MAY FURTHER ESTABLISH BY RULE OR RULES ADDITIONAL
PROCEDURES FOR ASSESSMENT OF AND COLLECTION OF SUCH FEES.
§ 7. This act shall take effect immediately; provided, however, that
sections one, three, four, five, and six of this act shall take effect
January 1, 2025; and provided further, however, that section two of this
act shall take effect January 1, 2027.
PART U
Section 1. Paragraph (b) of subdivision 2 of section 1676 of the
public authorities law is amended by adding a new undesignated paragraph
to read as follows:
ANY STATE AGENCY, COUNTY, CITY, TOWN, AND VILLAGE, WHERE SUCH ENTITY
IS UNDERTAKING A PROJECT FUNDED IN WHOLE, OR IN PART, BY THE NEW YORK
STATE ENVIRONMENTAL BOND ACT OF 2022; OR FUNDED IN WHOLE OR IN PART BY
THE FEDERAL GOVERNMENT THROUGH THE AMERICAN RESCUE PLAN ACT OF 2021, THE
INFRASTRUCTURE INVESTMENT AND JOBS ACT OF 2021, AND THE INFLATION
REDUCTION ACT OF 2022.
§ 2. Subdivision 1 of section 1680 of the public authorities law is
amended by adding a new undesignated paragraph to read as follows:
S. 8308 98 A. 8808
ANY STATE AGENCY, COUNTY, CITY, TOWN, AND VILLAGE, WHERE SUCH ENTITY
IS UNDERTAKING A PROJECT FUNDED IN WHOLE, OR IN PART, BY THE NEW YORK
STATE ENVIRONMENTAL BOND ACT OF 2022; OR FUNDED IN WHOLE OR IN PART BY
THE FEDERAL GOVERNMENT THROUGH THE AMERICAN RESCUE PLAN ACT OF 2021, THE
INFRASTRUCTURE INVESTMENT AND JOBS ACT OF 2021, AND THE INFLATION
REDUCTION ACT OF 2022.
§ 3. Paragraph (b) of subdivision 2 of section 1676 of the public
authorities law is amended by adding a new undesignated paragraph to
read as follows:
ANY MUNICIPAL CORPORATION, SUBDIVISION, DEPARTMENT OR AGENCY THEREOF,
FIRE DISTRICT, SPECIAL DISTRICT, LOCAL AGENCY, INDUSTRIAL DEVELOPMENT
AGENCY, OR LOCAL DEVELOPMENT CORPORATION, RECEIVING LOANS OR GRANTS
AWARDED PURSUANT TO: (I) THE DOWNTOWN REVITALIZATION PROGRAM ADMINIS-
TERED BY THE DEPARTMENT OF STATE AND THE DIVISION OF HOUSING AND COMMU-
NITY RENEWAL FOR TRANSFORMATIVE HOUSING, ECONOMIC DEVELOPMENT, TRANSPOR-
TATION, AND COMMUNITY PROJECTS, FOR THE PLANNING, DESIGN, CONSTRUCTION,
RECONSTRUCTION, IMPROVEMENT, RENOVATION, DEVELOPMENT, EXPANSION,
FURNISHING, AND EQUIPPING OF SUCH TRANSFORMATIVE HOUSING, ECONOMIC
DEVELOPMENT, TRANSPORTATION AND COMMUNITY PROJECTS FOR WHICH THE RECIPI-
ENT RECEIVED SUCH LOANS OR GRANTS; AND (II) THE NY FORWARD GRANT PROGRAM
ADMINISTERED BY THE DEPARTMENT OF STATE RELATED TO ECONOMIC DEVELOPMENT,
TRANSPORTATION AND COMMUNITY PROJECTS, FOR THE PLANNING, DESIGN,
CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, RENOVATION, DEVELOPMENT,
EXPANSION, FURNISHING, AND EQUIPPING OF SUCH ECONOMIC DEVELOPMENT,
TRANSPORTATION AND COMMUNITY PROJECTS FOR WHICH THE RECIPIENT WAS
AWARDED SUCH GRANT.
§ 4. Subdivision 1 of section 1680 of the public authorities law is
amended by adding a new undesignated paragraph to read as follows:
ANY MUNICIPAL CORPORATION, SUBDIVISION, DEPARTMENT OR AGENCY THEREOF,
FIRE DISTRICT, SPECIAL DISTRICT, LOCAL AGENCY, INDUSTRIAL DEVELOPMENT
AGENCY, OR LOCAL DEVELOPMENT CORPORATION, RECEIVING LOANS OR GRANTS
AWARDED PURSUANT TO: (I) THE DOWNTOWN REVITALIZATION PROGRAM ADMINIS-
TERED BY THE DEPARTMENT OF STATE AND THE DIVISION OF HOUSING AND COMMU-
NITY RENEWAL FOR TRANSFORMATIVE HOUSING, ECONOMIC DEVELOPMENT, TRANSPOR-
TATION, AND COMMUNITY PROJECTS, FOR THE PLANNING, DESIGN, CONSTRUCTION,
RECONSTRUCTION, IMPROVEMENT, RENOVATION, DEVELOPMENT, EXPANSION,
FURNISHING, AND EQUIPPING OF SUCH TRANSFORMATIVE HOUSING, ECONOMIC
DEVELOPMENT, TRANSPORTATION AND COMMUNITY PROJECTS FOR WHICH THE RECIPI-
ENT RECEIVED SUCH LOANS OR GRANTS; AND (II) THE NY FORWARD GRANT PROGRAM
ADMINISTERED BY THE DEPARTMENT OF STATE RELATED TO ECONOMIC DEVELOPMENT,
TRANSPORTATION AND COMMUNITY PROJECTS, FOR THE PLANNING, DESIGN,
CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, RENOVATION, DEVELOPMENT,
EXPANSION, FURNISHING, AND EQUIPPING OF SUCH ECONOMIC DEVELOPMENT,
TRANSPORTATION AND COMMUNITY PROJECTS FOR WHICH THE RECIPIENT WAS
AWARDED SUCH GRANT.
§ 5. Subdivision 13-a of section 3 of chapter 359 of the laws of 1968,
constituting the health and mental hygiene facilities improvement act,
as added by section 1 of chapter 968 of the laws of 1981, is amended to
read as follows:
13-a. "Municipal building" shall mean [a] ANY building, STRUCTURE, OR
IMPROVEMENT, INCLUDING, WITHOUT LIMITATION, INFRASTRUCTURE IMPROVEMENTS,
including grading or improvement of the site, furnishings, equipment and
utility services in conjunction with such [a building, to be principally
used for the administrative offices of a municipality or for the storage
or repair of maintenance equipment] PROJECT. Nothing herein shall be
construed to prevent the corporation from entering into an agreement for
S. 8308 99 A. 8808
the design and construction of a local correctional facility in combina-
tion with a municipal building.
§ 6. This act shall take effect immediately.
PART V
Section 1. Section 2 of chapter 584 of the laws of 2011, amending the
public authorities law relating to the powers and duties of the dormito-
ry authority of the state of New York relative to the establishment of
subsidiaries for certain purposes, as amended by section 1 of part DD of
chapter 58 of the laws of 2022, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed on July 1, [2024] 2027; provided however, that the expi-
ration of this act shall not impair or otherwise affect any of the
powers, duties, responsibilities, functions, rights or liabilities of
any subsidiary duly created pursuant to subdivision twenty-five of
section 1678 of the public authorities law prior to such expiration.
§ 2. This act shall take effect immediately.
PART W
Section 1. Paragraph (f) of subdivision 1 of section 1977-a of the
public authorities law, as amended by section 1 of part EE of chapter 58
of the laws of 2023, is amended to read as follows:
(f) Additional authorizations. For the purpose of financing capital
costs in connection with a program of infrastructure construction,
improvements and other capital expenditures for the project area, the
authority may, in addition to the authorizations contained elsewhere in
this title, borrow money by issuing bonds and notes in an aggregate
principal amount not exceeding [one billion five hundred million
dollars] TWO BILLION FIVE HUNDRED MILLION DOLLARS, plus a principal
amount of bonds or notes issued (i) to fund any related debt service
reserve fund, (ii) to provide capitalized interest, and (iii) to provide
for fees and other charges and expenses including any underwriters'
discounts, related to the issuance of such bonds or notes, all as deter-
mined by the authority, excluding bonds and notes issued to refund
outstanding bonds and notes issued pursuant to this section.
§ 2. This act shall take effect immediately.
PART X
Section 1. Subdivision 6 of section 211 of the economic development
law, as amended by chapter 294 of the laws of 2019, is amended to read
as follows:
6. Grants made pursuant to this section shall be subject to the
following limitations:
(a) no grant shall be made to any one or any consortium of career
education agencies and not-for-profit corporations in excess of [one
hundred seventy-five] TWO HUNDRED FIFTY thousand dollars; and
(b) each grant shall be disbursed for payment of the cost of services
and expenses of the program director, the instructors of the participat-
ing career education agency or not-for-profit corporation, the faculty
and support personnel thereof and any other person in the service of
providing instruction and counseling in furtherance of the program.
§ 2. This act shall take effect immediately.
S. 8308 100 A. 8808
PART Y
Section 1. The opening paragraph of subdivision (h) of section 121 of
chapter 261 of the laws of 1988, amending the state finance law and
other laws relating to the New York state infrastructure trust fund, as
amended by chapter 96 of the laws of 2019, is amended to read as
follows:
The provisions of sections sixty-two through sixty-six of this act
shall expire and be deemed repealed on December thirty-first, two thou-
sand [twenty-four] TWENTY-NINE, except that:
§ 2. This act shall take effect immediately.
PART Z
Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174
of the laws of 1968 constituting the New York state urban development
corporation act, as amended by section 1 of part JJ of chapter 58 of the
laws of 2023, is amended to read as follows:
3. The provisions of this section shall expire, notwithstanding any
inconsistent provision of subdivision 4 of section 469 of chapter 309 of
the laws of 1996 or of any other law, on July 1, [2024] 2027.
§ 2. This act shall take effect immediately.
PART AA
Section 1. Section 2 of 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, as
amended by section 1 of part GG of chapter 58 of the laws of 2023, is
amended to read as follows:
§ 2. This act shall take effect immediately provided, however, that
section one of this act shall expire on July 1, [2024] 2027, at which
time the provisions of subdivision 26 of section 5 of the New York state
urban development corporation act shall be deemed repealed; provided,
however, that neither the expiration nor the repeal of such subdivision
as provided for herein shall be deemed to affect or impair in any manner
any loan made pursuant to the authority of such subdivision prior to
such expiration and repeal.
§ 2. This act shall take effect immediately.
PART BB
Section 1. Section 4 of chapter 495 of the laws of 2004, amending the
insurance law and the public health law relating to the New York state
health insurance continuation assistance demonstration project, as
amended by section 1 of part U of chapter 58 of the laws of 2023, is
amended to read as follows:
§ 4. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that this act shall remain in
effect until July 1, [2024] 2025 when upon such date the provisions of
this act shall expire and be deemed repealed; provided, further, that a
displaced worker shall be eligible for continuation assistance retroac-
tive to July 1, 2004.
§ 2. This act shall take effect immediately.
PART CC
S. 8308 101 A. 8808
Section 1. The banking law is amended by adding a new article 14-B to
read as follows:
ARTICLE XIV-B
BUY-NOW-PAY-LATER LENDERS
SECTION 735. SHORT TITLE.
736. DEFINITIONS.
737. LICENSE.
738. CONDITIONS PRECEDENT TO ISSUING A LICENSE; PROCEDURE WHERE
APPLICATION IS DENIED.
739. LICENSE PROVISIONS AND POSTING.
740. APPLICATION FOR ACQUISITION OF CONTROL OF BUY-NOW-PAY-LATER
LENDER BY PURCHASE OF STOCK.
741. GROUND FOR REVOCATION OR SUSPENSION OF LICENSE; PROCEDURE.
742. SUPERINTENDENT AUTHORIZED TO EXAMINE.
743. LICENSEE'S BOOKS AND RECORDS; REPORTS.
744. ACTS PROHIBITED.
745. LIMITATION ON CHARGES ON BUY-NOW-PAY-LATER LOANS.
746. CONSUMER PROTECTIONS.
747. AUTHORITY OF SUPERINTENDENT.
748. PENALTIES.
749. SEVERABILITY.
§ 735. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "BUY NOW PAY LATER ACT".
§ 736. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "CONSUMER" MEANS AN INDIVIDUAL WHO IS A RESIDENT OF THE STATE OF
NEW YORK.
2. "BUY-NOW-PAY-LATER LOAN" MEANS CREDIT PROVIDED TO A CONSUMER IN
CONNECTION WITH SUCH CONSUMER'S PARTICULAR PURCHASE OF GOODS AND/OR
SERVICES, OTHER THAN A MOTOR VEHICLE AS DEFINED UNDER SECTION ONE
HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW.
3. "BUY-NOW-PAY-LATER LENDER" MEANS A PERSON WHO OFFERS BUY-NOW-PAY-
LATER LOANS IN THIS STATE. FOR PURPOSES OF THE PRECEDING SENTENCE,
"OFFER" MEANS OFFERING TO MAKE A BUY-NOW-PAY-LATER LOAN BY EXTENDING
CREDIT DIRECTLY TO A CONSUMER OR OPERATING A PLATFORM, SOFTWARE OR
SYSTEM WITH WHICH A CONSUMER INTERACTS AND THE PRIMARY PURPOSE OF WHICH
IS TO ALLOW THIRD PARTIES TO OFFER BUY-NOW-PAY-LATER LOANS, OR BOTH. A
PERSON WHO SELLS GOODS OR SERVICES TO A CONSUMER AND EXTENDS CREDIT TO
SUCH CONSUMER IN CONNECTION WITH SUCH CONSUMER'S PARTICULAR PURCHASE OF
SUCH GOODS AND/OR SERVICES SHALL NOT BE CONSIDERED A BUY-NOW-PAY-LATER
LENDER WITH RESPECT TO SUCH TRANSACTIONS. A PERSON SHALL NOT BE CONSID-
ERED A BUY-NOW-PAY-LATER LENDER ON THE BASIS OF ISOLATED, INCIDENTAL OR
OCCASIONAL TRANSACTIONS WHICH OTHERWISE MEET THE DEFINITIONS OF THIS
SECTION.
4. "EXEMPT ORGANIZATION" MEANS ANY BANKING ORGANIZATION OR FOREIGN
BANKING CORPORATION LICENSED BY THE SUPERINTENDENT OR THE COMPTROLLER OF
THE CURRENCY TO TRANSACT BUSINESS IN THIS STATE, NATIONAL BANK, FEDERAL
SAVINGS BANK, FEDERAL SAVINGS AND LOAN ASSOCIATION, OR FEDERAL CREDIT
UNION. SUBJECT TO SUCH REGULATIONS AS MAY BE PROMULGATED BY THE SUPER-
INTENDENT, "EXEMPT ORGANIZATION" MAY ALSO INCLUDE ANY SUBSIDIARY OF SUCH
ENTITIES.
5. "LICENSEE" MEANS A PERSON WHO HAS BEEN ISSUED A LICENSE PURSUANT TO
THIS ARTICLE.
S. 8308 102 A. 8808
6. "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, CORPORATION, ASSOCIATION
OR ANY OTHER BUSINESS ORGANIZATION.
§ 737. LICENSE. 1. NO PERSON OR OTHER ENTITY, EXCEPT AN EXEMPT ORGAN-
IZATION AS DEFINED IN THIS ARTICLE, SHALL ACT AS A BUY-NOW-PAY-LATER
LENDER WITHOUT FIRST OBTAINING A LICENSE FROM THE SUPERINTENDENT.
2. AN APPLICATION FOR A LICENSE SHALL BE IN WRITING, UNDER OATH, AND
IN THE FORM AND CONTAINING SUCH INFORMATION AS THE SUPERINTENDENT MAY
REQUIRE.
3. AT THE TIME OF FILING AN APPLICATION FOR A LICENSE, THE APPLICANT
SHALL PAY TO THE SUPERINTENDENT A FEE AS PRESCRIBED PURSUANT TO SECTION
EIGHTEEN-A OF THIS CHAPTER.
4. A LICENSE GRANTED PURSUANT TO THIS ARTICLE SHALL BE VALID UNLESS
REVOKED OR SUSPENDED BY THE SUPERINTENDENT OR UNLESS SURRENDERED BY THE
LICENSEE AND ACCEPTED BY THE SUPERINTENDENT.
5. IN CONNECTION WITH AN APPLICATION FOR A LICENSE, THE APPLICANT
SHALL SUBMIT AN AFFIDAVIT OF FINANCIAL SOLVENCY NOTING SUCH CAPITALIZA-
TION REQUIREMENTS AND ACCESS TO SUCH CREDIT AS MAY BE PRESCRIBED BY THE
REGULATIONS OF THE SUPERINTENDENT.
§ 738. CONDITIONS PRECEDENT TO ISSUING A LICENSE; PROCEDURE WHERE
APPLICATION IS DENIED. 1. AFTER THE FILING OF AN APPLICATION FOR A
LICENSE ACCOMPANIED BY PAYMENT OF THE FEE PURSUANT TO SUBDIVISION THREE
OF SECTION SEVEN HUNDRED THIRTY-SEVEN OF THIS ARTICLE, IT SHALL BE
SUBSTANTIVELY REVIEWED. AFTER THE APPLICATION IS DEEMED SUFFICIENT AND
COMPLETE, IF THE SUPERINTENDENT FINDS THAT THE FINANCIAL RESPONSIBILITY,
INCLUDING MEETING ANY CAPITAL REQUIREMENTS AS ESTABLISHED PURSUANT TO
SUBDIVISION THREE OF THIS SECTION, EXPERIENCE, CHARACTER AND GENERAL
FITNESS OF THE APPLICANT OR ANY PERSON ASSOCIATED WITH THE APPLICANT ARE
SUCH AS TO COMMAND THE CONFIDENCE OF THE COMMUNITY AND TO WARRANT THE
BELIEF THAT THE BUSINESS WILL BE CONDUCTED HONESTLY, FAIRLY AND EFFI-
CIENTLY WITHIN THE PURPOSES AND INTENT OF THIS ARTICLE, THE SUPERINTEN-
DENT SHALL ISSUE THE LICENSE. FOR THE PURPOSE OF THIS SUBDIVISION, THE
APPLICANT SHALL BE DEEMED TO INCLUDE ALL THE MEMBERS OF THE APPLICANT IF
IT IS A PARTNERSHIP OR UNINCORPORATED ASSOCIATION OR ORGANIZATION, AND
ALL THE STOCKHOLDERS, OFFICERS AND DIRECTORS OF THE APPLICANT IF IT IS A
CORPORATION.
2. IF THE SUPERINTENDENT REFUSES TO ISSUE A LICENSE, THE SUPERINTEN-
DENT SHALL NOTIFY THE APPLICANT OF THE DENIAL AND RETAIN THE FEE PAID
PURSUANT TO SUBDIVISION THREE OF SECTION SEVEN HUNDRED THIRTY-SEVEN OF
THIS ARTICLE.
3. THE SUPERINTENDENT MAY ISSUE REGULATIONS SETTING CAPITAL REQUIRE-
MENTS TO ENSURE THE SOLVENCY AND FINANCIAL INTEGRITY OF LICENSEES AND
THEIR ONGOING OPERATIONS, TAKING INTO ACCOUNT THE RISKS, VOLUME OF BUSI-
NESS, COMPLEXITY, AND OTHER RELEVANT FACTORS REGARDING SUCH LICENSEES.
FURTHER, THE SUPERINTENDENT MAY ISSUE RULES AND REGULATIONS PRESCRIBING
A METHODOLOGY TO CALCULATE CAPITAL REQUIREMENTS WITH RESPECT TO LICEN-
SEES OR CATEGORIES THEREOF.
§ 739. LICENSE PROVISIONS AND POSTING. 1. A LICENSE ISSUED UNDER THIS
ARTICLE SHALL STATE THE NAME AND ADDRESS OF THE LICENSEE, AND IF THE
LICENSEE BE A CO-PARTNERSHIP OR ASSOCIATION, THE NAMES OF THE MEMBERS
THEREOF, AND IF A CORPORATION THE DATE AND PLACE OF ITS INCORPORATION.
2. SUCH LICENSE SHALL BE KEPT CONSPICUOUSLY POSTED ON THE MOBILE
APPLICATION, WEBSITE, OR OTHER CONSUMER INTERFACE OF THE LICENSEE, AS
WELL AS LISTED IN THE TERMS AND CONDITIONS OF ANY BUY-NOW-PAY-LATER LOAN
OFFERED OR ENTERED INTO BY THE LICENSEE. THE SUPERINTENDENT MAY PROVIDE
BY REGULATION AN ALTERNATIVE FORM OF NOTICE OF LICENSURE.
S. 8308 103 A. 8808
3. A LICENSE ISSUED UNDER THIS ARTICLE SHALL NOT BE TRANSFERABLE OR
ASSIGNABLE.
§ 740. APPLICATION FOR ACQUISITION OF CONTROL OF BUY-NOW-PAY-LATER
LENDER BY PURCHASE OF STOCK. 1. IT SHALL BE UNLAWFUL EXCEPT WITH THE
PRIOR APPROVAL OF THE SUPERINTENDENT FOR ANY ACTION TO BE TAKEN WHICH
RESULTS IN A CHANGE OF CONTROL OF THE BUSINESS OF A LICENSEE. PRIOR TO
ANY CHANGE OF CONTROL, THE PERSON DESIROUS OF ACQUIRING CONTROL OF THE
BUSINESS OF A LICENSEE SHALL MAKE WRITTEN APPLICATION TO THE SUPERINTEN-
DENT AND PAY AN INVESTIGATION FEE AS PRESCRIBED PURSUANT TO SECTION
EIGHTEEN-A OF THIS CHAPTER TO THE SUPERINTENDENT. THE APPLICATION SHALL
CONTAIN SUCH INFORMATION AS THE SUPERINTENDENT, BY REGULATION, MAY
PRESCRIBE AS NECESSARY OR APPROPRIATE FOR THE PURPOSE OF MAKING THE
DETERMINATION REQUIRED BY SUBDIVISION TWO OF THIS SECTION.
2. THE SUPERINTENDENT SHALL APPROVE OR DISAPPROVE THE PROPOSED CHANGE
OF CONTROL OF A LICENSEE IN ACCORDANCE WITH THE PROVISIONS OF SECTION
SEVEN HUNDRED THIRTY-EIGHT OF THIS ARTICLE.
3. FOR A PERIOD OF SIX MONTHS FROM THE DATE OF QUALIFICATION THEREOF
AND FOR SUCH ADDITIONAL PERIOD OF TIME AS THE SUPERINTENDENT MAY
PRESCRIBE, IN WRITING, THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF
THIS SECTION SHALL NOT APPLY TO A TRANSFER OF CONTROL BY OPERATION OF
LAW TO THE LEGAL REPRESENTATIVE, AS HEREINAFTER DEFINED, OF ONE WHO HAS
CONTROL OF A LICENSEE. THEREAFTER, SUCH LEGAL REPRESENTATIVE SHALL
COMPLY WITH THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION.
THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION SHALL BE
APPLICABLE TO AN APPLICATION MADE UNDER SUCH SECTION BY A LEGAL REPRE-
SENTATIVE.
4. THE TERM "LEGAL REPRESENTATIVE," FOR THE PURPOSES OF THIS SECTION,
SHALL MEAN ONE DULY APPOINTED BY A COURT OF COMPETENT JURISDICTION TO
ACT AS EXECUTOR, ADMINISTRATOR, TRUSTEE, COMMITTEE, CONSERVATOR OR
RECEIVER, INCLUDING ONE WHO SUCCEEDS A LEGAL REPRESENTATIVE AND ONE
ACTING IN AN ANCILLARY CAPACITY THERETO IN ACCORDANCE WITH THE
PROVISIONS OF SUCH COURT APPOINTMENT.
5. AS USED IN THIS SECTION, THE TERM "CONTROL" MEANS THE POSSESSION,
DIRECTLY OR INDIRECTLY, OF THE POWER TO DIRECT OR CAUSE THE DIRECTION OF
THE MANAGEMENT AND POLICIES OF A LICENSEE, WHETHER THROUGH THE OWNERSHIP
OF VOTING STOCK OF SUCH LICENSEE, THE OWNERSHIP OF VOTING STOCK OF ANY
PERSON WHICH POSSESSES SUCH POWER OR OTHERWISE. CONTROL SHALL BE
PRESUMED TO EXIST IF ANY PERSON, DIRECTLY OR INDIRECTLY, OWNS, CONTROLS
OR HOLDS WITH POWER TO VOTE TEN PER CENTUM OR MORE OF THE VOTING STOCK
OF ANY LICENSEE OR OF ANY PERSON WHICH OWNS, CONTROLS OR HOLDS WITH
POWER TO VOTE TEN PER CENTUM OR MORE OF THE VOTING STOCK OF ANY LICEN-
SEE, BUT NO PERSON SHALL BE DEEMED TO CONTROL A LICENSEE SOLELY BY
REASON OF BEING AN OFFICER OR DIRECTOR OF SUCH LICENSEE OR PERSON. THE
SUPERINTENDENT MAY IN THE SUPERINTENDENT'S DISCRETION, UPON THE APPLICA-
TION OF A LICENSEE OR ANY PERSON WHO, DIRECTLY OR INDIRECTLY, OWNS,
CONTROLS OR HOLDS WITH POWER TO VOTE OR SEEKS TO OWN, CONTROL OR HOLD
WITH POWER TO VOTE ANY VOTING STOCK OF SUCH LICENSEE, DETERMINE WHETHER
OR NOT THE OWNERSHIP, CONTROL OR HOLDING OF SUCH VOTING STOCK CONSTI-
TUTES OR WOULD CONSTITUTE CONTROL OF SUCH LICENSEE FOR PURPOSES OF THIS
SECTION.
§ 741. GROUND FOR REVOCATION OR SUSPENSION OF LICENSE; PROCEDURE. 1. A
LICENSE GRANTED PURSUANT TO THIS SECTION SHALL BE REVOKED OR SUSPENDED
BY THE SUPERINTENDENT UPON A FINDING THAT:
(A) THE LICENSEE HAS VIOLATED ANY APPLICABLE LAW OR REGULATION;
S. 8308 104 A. 8808
(B) ANY FACT OR CONDITION EXISTS WHICH, IF IT HAD EXISTED AT THE TIME
OF THE ORIGINAL APPLICATION FOR SUCH LICENSE, CLEARLY WOULD HAVE
WARRANTED THE SUPERINTENDENT'S REFUSAL TO ISSUE SUCH LICENSE; OR
(C) THE LICENSEE HAS FAILED TO PAY ANY SUM OF MONEY LAWFULLY DEMANDED
BY THE SUPERINTENDENT OR TO COMPLY WITH ANY DEMAND, RULING OR REQUIRE-
MENT OF THE SUPERINTENDENT.
2. ANY LICENSEE MAY SURRENDER ANY LICENSE BY DELIVERING TO THE SUPER-
INTENDENT WRITTEN NOTICE THAT THE LICENSEE THEREBY SURRENDERS SUCH
LICENSE. SUCH SURRENDER SHALL BE EFFECTIVE UPON ITS ACCEPTANCE BY THE
SUPERINTENDENT, AND SHALL NOT AFFECT SUCH LICENSEE'S CIVIL OR CRIMINAL
LIABILITY FOR ACTS COMMITTED PRIOR TO SUCH SURRENDER.
3. EVERY LICENSE ISSUED HEREUNDER SHALL REMAIN IN FORCE AND EFFECT
UNTIL THE SAME SHALL HAVE BEEN SURRENDERED, REVOKED OR SUSPENDED, IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, BUT THE SUPERINTENDENT
SHALL HAVE AUTHORITY TO REINSTATE SUSPENDED LICENSES OR TO ISSUE A NEW
LICENSE TO A LICENSEE WHOSE LICENSE HAS BEEN REVOKED IF NO FACT OR
CONDITION THEN EXISTS WHICH CLEARLY WOULD HAVE WARRANTED THE SUPERINTEN-
DENT'S REFUSAL TO ISSUE SUCH LICENSE.
4. WHENEVER THE SUPERINTENDENT SHALL REVOKE OR SUSPEND A LICENSE
ISSUED PURSUANT TO THIS ARTICLE, THE SUPERINTENDENT SHALL FORTHWITH
EXECUTE A WRITTEN ORDER TO THAT EFFECT, WHICH ORDER MAY BE REVIEWED IN
THE MANNER PROVIDED BY ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW
AND RULES. SUCH SPECIAL PROCEEDING FOR REVIEW AS AUTHORIZED BY THIS
SECTION MUST BE COMMENCED WITHIN THIRTY DAYS FROM THE DATE OF SUCH ORDER
OF SUSPENSION OR REVOCATION.
5. THE SUPERINTENDENT MAY, FOR GOOD CAUSE, WITHOUT NOTICE AND A HEAR-
ING, SUSPEND ANY LICENSE ISSUED PURSUANT TO THIS ARTICLE FOR A PERIOD
NOT EXCEEDING THIRTY DAYS, PENDING INVESTIGATION. "GOOD CAUSE," AS USED
IN THIS SUBDIVISION, SHALL EXIST ONLY WHEN THE LICENSEE HAS ENGAGED IN
OR IS LIKELY TO ENGAGE IN A PRACTICE PROHIBITED BY THIS ARTICLE OR THE
REGULATIONS PROMULGATED THEREUNDER OR ENGAGES IN DISHONEST OR INEQUITA-
BLE PRACTICES WHICH MAY CAUSE SUBSTANTIAL HARM TO THE PUBLIC.
§ 742. SUPERINTENDENT AUTHORIZED TO EXAMINE. 1. THE SUPERINTENDENT
SHALL HAVE THE POWER TO MAKE SUCH INVESTIGATIONS AS THE SUPERINTENDENT
SHALL DEEM NECESSARY TO DETERMINE WHETHER ANY BUY-NOW-PAY-LATER LENDER
OR ANY OTHER PERSON HAS VIOLATED ANY OF THE PROVISIONS OF THIS ARTICLE
OR ANY OTHER APPLICABLE LAW, OR WHETHER ANY LICENSEE HAS CONDUCTED
ITSELF IN SUCH MANNER AS WOULD JUSTIFY THE REVOCATION OF ITS LICENSE,
AND TO THE EXTENT NECESSARY THEREFOR, THE SUPERINTENDENT MAY REQUIRE THE
ATTENDANCE OF AND EXAMINE ANY PERSON UNDER OATH, AND SHALL HAVE THE
POWER TO COMPEL THE PRODUCTION OF ALL RELEVANT BOOKS, RECORDS, ACCOUNTS,
AND DOCUMENTS.
2. THE SUPERINTENDENT SHALL HAVE THE POWER TO MAKE SUCH EXAMINATIONS
OF THE BOOKS, RECORDS, ACCOUNTS AND DOCUMENTS USED IN THE BUSINESS OF
ANY LICENSEE AS THE SUPERINTENDENT SHALL DEEM NECESSARY TO DETERMINE
WHETHER ANY SUCH LICENSEE HAS VIOLATED ANY OF THE PROVISIONS OF THIS
CHAPTER OR ANY OTHER APPLICABLE LAW OR TO SECURE INFORMATION LAWFULLY
REQUIRED BY THE SUPERINTENDENT.
§ 743. LICENSEE'S BOOKS AND RECORDS; REPORTS. 1. A BUY-NOW-PAY-LATER
LENDER SHALL KEEP AND USE IN ITS BUSINESS SUCH BOOKS, ACCOUNTS AND
RECORDS AS WILL ENABLE THE SUPERINTENDENT TO DETERMINE WHETHER SUCH
BUY-NOW-PAY-LATER LENDER IS COMPLYING WITH THE PROVISIONS OF THIS ARTI-
CLE AND WITH THE RULES AND REGULATIONS LAWFULLY MADE BY THE SUPERINTEN-
DENT HEREUNDER. EVERY BUY-NOW-PAY-LATER LENDER SHALL PRESERVE SUCH
BOOKS, ACCOUNTS AND RECORDS FOR AT LEAST SIX YEARS AFTER MAKING THE
FINAL ENTRY IN RESPECT TO ANY BUY-NOW-PAY-LATER LOAN RECORDED THEREIN;
S. 8308 105 A. 8808
PROVIDED, HOWEVER, THE PRESERVATION OF PHOTOGRAPHIC OR DIGITAL REPROD-
UCTIONS THEREOF OR RECORDS IN PHOTOGRAPHIC OR DIGITAL FORM SHALL CONSTI-
TUTE COMPLIANCE WITH THIS REQUIREMENT.
2. BY A DATE TO BE SET BY THE SUPERINTENDENT, EACH LICENSEE SHALL
ANNUALLY FILE A REPORT WITH THE SUPERINTENDENT GIVING SUCH INFORMATION
AS THE SUPERINTENDENT MAY REQUIRE CONCERNING THE LICENSEE'S BUSINESS AND
OPERATIONS DURING THE PRECEDING CALENDAR YEAR WITHIN THE STATE UNDER THE
AUTHORITY OF THIS ARTICLE. SUCH REPORT SHALL BE SUBSCRIBED AND AFFIRMED
AS TRUE BY THE LICENSEE UNDER THE PENALTIES OF PERJURY AND BE IN THE
FORM PRESCRIBED BY THE SUPERINTENDENT. IN ADDITION TO SUCH ANNUAL
REPORTS, THE SUPERINTENDENT MAY REQUIRE OF LICENSEES SUCH ADDITIONAL
REGULAR OR SPECIAL REPORTS AS THE SUPERINTENDENT MAY DEEM NECESSARY TO
THE PROPER SUPERVISION OF LICENSEES UNDER THIS ARTICLE. SUCH ADDITIONAL
REPORTS SHALL BE IN THE FORM PRESCRIBED BY THE SUPERINTENDENT AND SHALL
BE SUBSCRIBED AND AFFIRMED AS TRUE UNDER THE PENALTIES OF PERJURY.
§ 744. ACTS PROHIBITED. 1. NO BUY-NOW-PAY-LATER LENDER SHALL TAKE OR
CAUSE TO BE TAKEN ANY CONFESSION OF JUDGMENT OR ANY POWER OF ATTORNEY TO
CONFESS JUDGMENT OR TO APPEAR FOR THE CONSUMER IN A JUDICIAL PROCEEDING.
2. NO BUY-NOW-PAY-LATER LENDER SHALL MAKE OR CAUSE TO BE MADE AN
ADVERTISEMENT FOR A BUY-NOW-PAY-LATER LOAN THAT IS FALSE, MISLEADING, OR
DECEPTIVE.
§ 745. LIMITATION ON CHARGES ON BUY-NOW-PAY-LATER LOANS. NO BUY-NOW-
PAY-LATER LENDER SHALL DIRECTLY OR INDIRECTLY CHARGE, CONTRACT FOR, OR
RECEIVE ANY INTEREST, DISCOUNT, OR CONSIDERATION UPON A BUY-NOW-PAY-LA-
TER LOAN GREATER THAN THE RATE PERMITTED BY SECTION 5-501 OF THE GENERAL
OBLIGATIONS LAW.
§ 746. CONSUMER PROTECTIONS. 1. DISCLOSURES. A BUY-NOW-PAY-LATER LEND-
ER SHALL DISCLOSE OR CAUSE TO BE DISCLOSED TO CONSUMERS THE TERMS OF
BUY-NOW-PAY-LATER LOANS, INCLUDING THE COST, SUCH AS INTEREST AND FEES,
REPAYMENT SCHEDULE, AND OTHER MATERIAL CONDITIONS, IN A CLEAR AND
CONSPICUOUS MANNER.
2. ABILITY TO REPAY. SUBJECT TO REGULATIONS TO BE PROMULGATED BY THE
SUPERINTENDENT, A BUY-NOW-PAY-LATER LENDER SHALL, BEFORE PROVIDING OR
CAUSING TO BE PROVIDED A BUY-NOW-PAY-LATER LOAN TO A CONSUMER, MAKE, OR
CAUSE TO BE MADE, A REASONABLE DETERMINATION THAT SUCH CONSUMER HAS THE
ABILITY TO REPAY THE BUY-NOW-PAY-LATER LOAN.
3. CREDIT REPORTING. A BUY-NOW-PAY-LATER LENDER SHALL MAINTAIN OR
CAUSE TO BE MAINTAINED POLICIES AND PROCEDURES FOR MAINTAINING ACCURATE
DATA THAT MAY BE REPORTED TO CREDIT REPORTING AGENCIES. THE SUPERINTEN-
DENT MAY ISSUE REGULATIONS REQUIRING THAT BUY-NOW-PAY-LATER LENDERS
REPORT OR CAUSE TO BE REPORTED DATA ON BUY-NOW-PAY-LATER LOANS TO
CONSUMER REPORTING AGENCIES, REQUIRING THAT SUCH REPORTING OCCUR IN A
PARTICULAR MANNER, OR PROHIBITING SUCH REPORTING.
4. RETURNS, REFUNDS AND CREDITS. A BUY-NOW-PAY-LATER LENDER SHALL
HANDLE OR CAUSE TO BE HANDLED RETURNS OF AND REFUNDS AND CREDITS FOR
GOODS OR SERVICES PURCHASED IN CONNECTION WITH A BUY-NOW-PAY-LATER LOAN
IN A MANNER THAT IS FAIR, TRANSPARENT, AND NOT UNDULY BURDENSOME TO
CONSUMERS. A BUY-NOW-PAY-LATER LENDER SHALL MAINTAIN OR CAUSE TO BE
MAINTAINED POLICIES AND PROCEDURES REGARDING SUCH HANDLING OF RETURNS,
REFUNDS, AND CREDITS. A BUY-NOW-PAY-LATER LENDER SHALL DISCLOSE OR CAUSE
TO BE DISCLOSED TO CONSUMERS IN A CLEAR AND CONSPICUOUS MANNER THE PROC-
ESS BY WHICH THEY CAN RETURN AND OBTAIN REFUNDS OR CREDITS FOR GOODS OR
SERVICES THEY HAVE PURCHASED WITH A BUY-NOW-PAY-LATER LOAN.
5. CONSUMER DISPUTES. A BUY-NOW-PAY-LATER LENDER SHALL RESOLVE OR
CAUSE TO BE RESOLVED DISPUTES IN A MANNER THAT IS FAIR AND TRANSPARENT
TO CONSUMERS. A BUY-NOW-PAY-LATER LENDER SHALL CREATE OR CAUSE TO BE
S. 8308 106 A. 8808
CREATED A READILY AVAILABLE AND PROMINENTLY DISCLOSED METHOD FOR CONSUM-
ERS TO BRING A DISPUTE TO THE BUY-NOW-PAY-LATER LENDER. A BUY-NOW-PAY-
LATER LENDER SHALL MAINTAIN POLICIES AND PROCEDURES FOR HANDLING CONSUM-
ER DISPUTES.
6. PENALTIES AND FEES. NO BUY-NOW-PAY-LATER LENDER SHALL CHARGE OR
CAUSE TO BE CHARGED TO A CONSUMER AN UNFAIR, ABUSIVE, OR EXCESSIVE
PENALTY OR FEE IN CONNECTION WITH A BUY-NOW-PAY-LATER LOAN. FOR PURPOSES
OF THIS SUBSECTION: (A) UNFAIR SHALL MEAN CAUSING SUBSTANTIAL INJURY TO
CONSUMERS THAT IS NOT REASONABLY AVOIDABLE BY CONSUMERS, WHERE SUCH
SUBSTANTIAL INJURY IS NOT OUTWEIGHED BY COUNTERVAILING BENEFITS TO
CONSUMERS OR TO COMPETITION; (B) ABUSIVE SHALL MEAN MATERIALLY INTERFER-
ING WITH THE ABILITY OF A CONSUMER TO UNDERSTAND A TERM OR CONDITION OF
A CONSUMER FINANCIAL PRODUCT OR SERVICE; OR TAKING UNREASONABLE ADVAN-
TAGE OF (I) A LACK OF UNDERSTANDING ON THE PART OF THE CONSUMER OF THE
MATERIAL RISKS, COSTS, OR CONDITIONS OF THE PRODUCT OR SERVICE; (II) THE
INABILITY OF THE CONSUMER TO PROTECT THE INTERESTS OF THE CONSUMER IN
SELECTING OR USING A CONSUMER FINANCIAL PRODUCT OR SERVICE; OR (III) THE
REASONABLE RELIANCE BY THE CONSUMER ON A BUY-NOW-PAY-LATER LENDER TO ACT
IN THE INTERESTS OF THE CONSUMER; AND (C) EXCESSIVE SHALL MEAN GREATER
THAN IS REASONABLY NECESSARY, CONSIDERING THE COST INCURRED BY THE BUY-
NOW-PAY-LATER LENDER IN PROVIDING ANY SERVICES ASSOCIATED WITH SUCH
PENALTY OR FEE, THE COMPETITIVE POSITION OF THE BUY-NOW-PAY-LATER LEND-
ER, AND THE MAINTENANCE OF A SAFE AND SOUND BUY-NOW-PAY-LATER LENDER
THAT PROTECTS THE PUBLIC INTEREST.
7. USE OF CONSUMER DATA. A BUY-NOW-PAY-LATER LENDER SHALL CLEARLY AND
CONSPICUOUSLY DISCLOSE OR CAUSE TO BE DISCLOSED TO A CONSUMER TO WHICH
IT PROVIDES A LOAN HOW SUCH CONSUMER'S DATA MAY BE USED BY THE BUY-NOW-
PAY-LATER LENDER AND PROVIDE THE CONSUMER THE OPPORTUNITY TO PROVIDE OR
WITHDRAW CONSENT TO SUCH USE. THE SUPERINTENDENT, IN THEIR DISCRETION,
MAY BY REGULATION PROHIBIT CERTAIN USES OF CONSUMER DATA IF SUCH USE
POSES AN UNDUE RISK TO CONSUMERS.
8. UNAUTHORIZED USE. THE SUPERINTENDENT MAY ISSUE RULES AND REGU-
LATIONS REGARDING TREATMENT OF UNAUTHORIZED USE, SO THAT CONSUMERS ARE
LIABLE FOR USE OF BUY-NOW-PAY-LATER LOANS IN THEIR NAME ONLY UNDER
CIRCUMSTANCES WHERE SUCH LIABILITY WOULD BE FAIR AND REASONABLE.
9. VOID BUY-NOW-PAY-LATER LOANS. ANY BUY-NOW-PAY-LATER LOAN MADE BY A
PERSON NOT LICENSED UNDER THIS ARTICLE, OTHER THAN AN EXEMPT ORGANIZA-
TION, SHALL BE VOID, AND SUCH PERSON SHALL HAVE NO RIGHT TO COLLECT OR
RECEIVE ANY PRINCIPAL, INTEREST OR CHARGE WHATSOEVER.
§ 747. AUTHORITY OF SUPERINTENDENT. THE SUPERINTENDENT IS AUTHORIZED
TO PROMULGATE SUCH GENERAL RULES AND REGULATIONS AS MAY BE APPROPRIATE,
IN THEIR SOLE DISCRETION, TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE,
PROTECT CONSUMERS, AND ENSURE THE SOLVENCY AND FINANCIAL INTEGRITY OF
BUY-NOW-PAY-LATER LENDERS. THE SUPERINTENDENT IS FURTHER AUTHORIZED TO
MAKE SUCH SPECIFIC RULINGS, DEMANDS, AND FINDINGS AS MAY BE NECESSARY
FOR THE PROPER CONDUCT OF THE BUSINESS AUTHORIZED AND LICENSED UNDER AND
FOR THE ENFORCEMENT OF THIS ARTICLE, IN ADDITION HERETO AND NOT INCON-
SISTENT HEREWITH.
§ 748. PENALTIES. 1. ANY PERSON, INCLUDING ANY MEMBER, OFFICER, DIREC-
TOR OR EMPLOYEE OF A BUY-NOW-PAY-LATER LENDER, WHO VIOLATES OR PARTIC-
IPATES IN THE VIOLATION OF SECTION SEVEN HUNDRED THIRTY-SEVEN OF THIS
ARTICLE, OR WHO KNOWINGLY MAKES ANY INCORRECT STATEMENT OF A MATERIAL
FACT IN ANY APPLICATION, REPORT OR STATEMENT FILED PURSUANT TO THIS
ARTICLE, OR WHO KNOWINGLY OMITS TO STATE ANY MATERIAL FACT NECESSARY TO
GIVE THE SUPERINTENDENT ANY INFORMATION LAWFULLY REQUIRED BY THE SUPER-
INTENDENT OR REFUSES TO PERMIT ANY LAWFUL INVESTIGATION OR EXAMINATION,
S. 8308 107 A. 8808
SHALL BE GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, SHALL BE FINED
NOT MORE THAN FIVE HUNDRED DOLLARS OR IMPRISONED FOR NOT MORE THAN SIX
MONTHS OR BOTH, IN THE DISCRETION OF THE COURT.
2. WITHOUT LIMITING ANY POWER GRANTED TO THE SUPERINTENDENT UNDER ANY
OTHER PROVISION OF THIS CHAPTER, THE SUPERINTENDENT MAY, IN A PROCEEDING
AFTER NOTICE AND A HEARING REQUIRE A BUY-NOW-PAY-LATER LENDER, WHETHER
OR NOT A LICENSEE, TO PAY TO THE PEOPLE OF THIS STATE A PENALTY FOR ANY
VIOLATION OF THIS CHAPTER, ANY REGULATION PROMULGATED THEREUNDER, ANY
FINAL OR TEMPORARY ORDER ISSUED PURSUANT TO SECTION THIRTY-NINE OF THIS
CHAPTER, ANY CONDITION IMPOSED IN WRITING BY THE SUPERINTENDENT IN
CONNECTION WITH THE GRANT OF ANY APPLICATION OR REQUEST, OR ANY WRITTEN
AGREEMENT ENTERED INTO WITH THE SUPERINTENDENT, AND FOR KNOWINGLY MAKING
ANY INCORRECT STATEMENT OF A MATERIAL FACT IN ANY APPLICATION, REPORT OR
STATEMENT FILED PURSUANT TO THIS ARTICLE, OR KNOWINGLY OMITTING TO STATE
ANY MATERIAL FACT NECESSARY TO GIVE THE SUPERINTENDENT ANY INFORMATION
LAWFULLY REQUIRED BY THE SUPERINTENDENT OR REFUSING TO PERMIT ANY LAWFUL
INVESTIGATION OR EXAMINATION. AS TO ANY BUY-NOW-PAY-LATER LENDER THAT IS
NOT A LICENSEE OR AN EXEMPT ORGANIZATION, THE SUPERINTENDENT IS AUTHOR-
IZED TO IMPOSE A PENALTY IN THE SAME AMOUNT AUTHORIZED IN SECTION
FORTY-FOUR OF THIS CHAPTER FOR A VIOLATION OF THIS CHAPTER BY ANY PERSON
LICENSED, CERTIFIED, REGISTERED, AUTHORIZED, CHARTERED, ACCREDITED,
INCORPORATED OR OTHERWISE APPROVED BY THE SUPERINTENDENT PURSUANT TO
THIS CHAPTER.
3. NO BUY-NOW-PAY-LATER LENDER SHALL MAKE, DIRECTLY OR INDIRECTLY,
ORALLY OR IN WRITING, OR BY ANY METHOD, PRACTICE OR DEVICE, A REPRESEN-
TATION THAT SUCH BUY-NOW-PAY-LATER LENDER IS LICENSED UNDER THE BANKING
LAW EXCEPT THAT A LICENSEE UNDER THIS CHAPTER MAY MAKE A REPRESENTATION
THAT THE LICENSEE IS LICENSED AS A BUY-NOW-PAY-LATER LENDER UNDER THIS
CHAPTER.
§ 749. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE APPLICA-
TION THEREOF TO ANY PERSON OR CIRCUMSTANCES IS HELD TO BE INVALID, SUCH
INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS
ARTICLE WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR
APPLICATION, AND TO THIS END THE PROVISIONS OF THIS ARTICLE ARE SEVERA-
BLE.
§ 2. Subdivision 1 of section 36 of the banking law, as amended by
chapter 146 of the laws of 1961, is amended to read as follows:
1. The superintendent shall have the power to examine every banking
organization, every bank holding company and any non-banking subsidiary
thereof (as such terms "bank holding company" and "non-banking subsid-
iary" are defined in article three-A of this chapter) and every licensed
lender AND LICENSED BUY-NOW-PAY-LATER LENDER at any time prior to its
dissolution whenever in his judgment such examination is necessary or
advisable.
§ 3. Subdivision 10 of section 36 of the banking law, as amended by
section 2 of part L of chapter 58 of the laws of 2019, is amended to
read as follows:
10. All reports of examinations and investigations, correspondence and
memoranda concerning or arising out of such examination and investi-
gations, including any duly authenticated copy or copies thereof in the
possession of any banking organization, bank holding company or any
subsidiary thereof (as such terms "bank holding company" and "subsid-
iary" are defined in article three-A of this chapter), any corporation
or any other entity affiliated with a banking organization within the
meaning of subdivision six of this section and any non-banking subsid-
iary of a corporation or any other entity which is an affiliate of a
S. 8308 108 A. 8808
banking organization within the meaning of subdivision six-a of this
section, foreign banking corporation, licensed lender, LICENSED BUY-NOW-
PAY-LATER LENDER, licensed casher of checks, licensed mortgage banker,
registered mortgage broker, licensed mortgage loan originator, licensed
sales finance company, registered mortgage loan servicer, licensed
student loan servicer, licensed insurance premium finance agency,
licensed transmitter of money, licensed budget planner, any other person
or entity subject to supervision under this chapter, or the department,
shall be confidential communications, shall not be subject to subpoena
and shall not be made public unless, in the judgment of the superinten-
dent, the ends of justice and the public advantage will be subserved by
the publication thereof, in which event the superintendent may publish
or authorize the publication of a copy of any such report or any part
thereof in such manner as may be deemed proper or unless such laws
specifically authorize such disclosure. For the purposes of this subdi-
vision, "reports of examinations and investigations, and any correspond-
ence and memoranda concerning or arising out of such examinations and
investigations", includes any such materials of a bank, insurance or
securities regulatory agency or any unit of the federal government or
that of this state any other state or that of any foreign government
which are considered confidential by such agency or unit and which are
in the possession of the department or which are otherwise confidential
materials that have been shared by the department with any such agency
or unit and are in the possession of such agency or unit.
§ 4. Subdivisions 3 and 5 of section 37 of the banking law, as amended
by chapter 360 of the laws of 1984, are amended to read as follows:
3. In addition to any reports expressly required by this chapter to be
made, the superintendent may require any banking organization, licensed
lender, LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks,
licensed mortgage banker, foreign banking corporation licensed by the
superintendent to do business in this state, bank holding company and
any non-banking subsidiary thereof, corporate affiliate of a corporate
banking organization within the meaning of subdivision six of section
thirty-six of this article and any non-banking subsidiary of a corpo-
ration which is an affiliate of a corporate banking organization within
the meaning of subdivision six-a of section thirty-six of this article
to make special reports to him at such times as he may prescribe.
5. The superintendent may extend at his discretion the time within
which a banking organization, foreign banking corporation licensed by
the superintendent to do business in this state, bank holding company or
any non-banking subsidiary thereof, licensed casher of checks, licensed
mortgage banker, private banker, LICENSED BUY-NOW-PAY-LATER LENDER or
licensed lender is required to make and file any report to the super-
intendent.
§ 5. Section 39 of the banking law, as amended by section 3 of part L
of chapter 58 of the laws of 2019, is amended to read as follows:
§ 39. Orders of superintendent. 1. To appear and explain an apparent
violation. Whenever it shall appear to the superintendent that any bank-
ing organization, bank holding company, registered mortgage broker,
licensed mortgage banker, licensed student loan servicer, registered
mortgage loan servicer, licensed mortgage loan originator, licensed
lender, LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks,
licensed sales finance company, licensed insurance premium finance agen-
cy, licensed transmitter of money, licensed budget planner, out-of-state
state bank that maintains a branch or branches or representative or
other offices in this state, or foreign banking corporation licensed by
S. 8308 109 A. 8808
the superintendent to do business or maintain a representative office in
this state has violated any law or regulation, he or she may, in his or
her discretion, issue an order describing such apparent violation and
requiring such banking organization, bank holding company, registered
mortgage broker, licensed mortgage banker, licensed student loan servi-
cer, licensed mortgage loan originator, licensed lender, LICENSED BUY-
NOW-PAY-LATER LENDER, licensed casher of checks, licensed sales finance
company, licensed insurance premium finance agency, licensed transmitter
of money, licensed budget planner, out-of-state state bank that main-
tains a branch or branches or representative or other offices in this
state, or foreign banking corporation to appear before him or her, at a
time and place fixed in said order, to present an explanation of such
apparent violation.
2. To discontinue unauthorized or unsafe and unsound practices. When-
ever it shall appear to the superintendent that any banking organiza-
tion, bank holding company, registered mortgage broker, licensed mort-
gage banker, licensed student loan servicer, registered mortgage loan
servicer, licensed mortgage loan originator, licensed lender, LICENSED
BUY-NOW-PAY-LATER LENDER, licensed casher of checks, licensed sales
finance company, licensed insurance premium finance agency, licensed
transmitter of money, licensed budget planner, out-of-state state bank
that maintains a branch or branches or representative or other offices
in this state, or foreign banking corporation licensed by the super-
intendent to do business in this state is conducting business in an
unauthorized or unsafe and unsound manner, he or she may, in his or her
discretion, issue an order directing the discontinuance of such unau-
thorized or unsafe and unsound practices, and fixing a time and place at
which such banking organization, bank holding company, registered mort-
gage broker, licensed mortgage banker, licensed student loan servicer,
registered mortgage loan servicer, licensed mortgage loan originator,
licensed lender, LICENSED BUY-NOW-PAY-LATER LICENSED, licensed casher of
checks, licensed sales finance company, licensed insurance premium
finance agency, licensed transmitter of money, licensed budget planner,
out-of-state state bank that maintains a branch or branches or represen-
tative or other offices in this state, or foreign banking corporation
may voluntarily appear before him or her to present any explanation in
defense of the practices directed in said order to be discontinued.
3. To make good impairment of capital or to ensure compliance with
financial requirements. Whenever it shall appear to the superintendent
that the capital or capital stock of any banking organization, bank
holding company or any subsidiary thereof which is organized, licensed
or registered pursuant to this chapter, is impaired, or the financial
requirements imposed by subdivision one of section two hundred two-b of
this chapter or any regulation of the superintendent on any branch or
agency of a foreign banking corporation or the financial requirements
imposed by this chapter or any regulation of the superintendent on any
licensed lender, LICENSED BUY-NOW-PAY-LATER LENDER, registered mortgage
broker, licensed mortgage banker, licensed student loan servicer,
licensed casher of checks, licensed sales finance company, licensed
insurance premium finance agency, licensed transmitter of money,
licensed budget planner or private banker are not satisfied, the super-
intendent may, in the superintendent's discretion, issue an order
directing that such banking organization, bank holding company, branch
or agency of a foreign banking corporation, registered mortgage broker,
licensed mortgage banker, licensed student loan servicer, licensed lend-
er, LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks,
S. 8308 110 A. 8808
licensed sales finance company, licensed insurance premium finance agen-
cy, licensed transmitter of money, licensed budget planner, or private
banker make good such deficiency forthwith or within a time specified in
such order.
4. To make good encroachments on reserves. Whenever it shall appear to
the superintendent that either the total reserves or reserves on hand of
any banking organization, branch or agency of a foreign banking corpo-
ration are below the amount required by or pursuant to this chapter or
any other applicable provision of law or regulation to be maintained, or
that such banking organization, branch or agency of a foreign banking
corporation is not keeping its reserves on hand as required by this
chapter or any other applicable provision of law or regulation, he or
she may, in his or her discretion, issue an order directing that such
banking organization, branch or agency of a foreign banking corporation
make good such reserves forthwith or within a time specified in such
order, or that it keep its reserves on hand as required by this chapter.
5. To keep books and accounts as prescribed. Whenever it shall appear
to the superintendent that any banking organization, bank holding compa-
ny, registered mortgage broker, licensed mortgage banker, licensed
student loan servicer, registered mortgage loan servicer, licensed mort-
gage loan originator, licensed lender, LICENSED BUY-NOW-PAY-LATER LEND-
ER, licensed casher of checks, licensed sales finance company, licensed
insurance premium finance agency, licensed transmitter of money,
licensed budget planner, agency or branch of a foreign banking corpo-
ration licensed by the superintendent to do business in this state, does
not keep its books and accounts in such manner as to enable him or her
to readily ascertain its true condition, he or she may, in his or her
discretion, issue an order requiring such banking organization, bank
holding company, registered mortgage broker, licensed mortgage banker,
licensed student loan servicer, registered mortgage loan servicer,
licensed mortgage loan originator, licensed lender, LICENSED BUY-NOW-
PAY-LATER LENDER, licensed casher of checks, licensed sales finance
company, licensed insurance premium finance agency, licensed transmitter
of money, licensed budget planner, or foreign banking corporation, or
the officers or agents thereof, or any of them, to open and keep such
books or accounts as he or she may, in his or her discretion, determine
and prescribe for the purpose of keeping accurate and convenient records
of its transactions and accounts.
6. As used in this section, "bank holding company" shall have the same
meaning as that term is defined in section one hundred forty-one of this
chapter.
§ 6. Subdivision 1 of section 42 of the banking law, as amended by
chapter 65 of the laws of 1948, is amended to read as follows:
1. The name and the location of the principal office of every proposed
corporation, private banker, licensed lender, LICENSED BUY-NOW-PAY-LATER
LENDER and licensed casher of checks, the organization certificate,
private banker's certificate or application for license of which has
been filed for examination, and the date of such filing.
§ 7. Subdivision 2 of section 42 of the banking law, as amended by
chapter 553 of the laws of 1960, is amended to read as follows:
2. The name and location of every licensed lender, LICENSED BUY-NOW-
PAY-LATER LENDER and licensed casher of checks, and the name, location,
amount of capital stock or permanent capital and amount of surplus of
every corporation and private banker and the minimum assets required of
every branch of a foreign banking corporation authorized to commence
business, and the date of authorization or licensing.
S. 8308 111 A. 8808
§ 8. Subdivision 3 of section 42 of the banking law, as amended by
chapter 553 of the laws of 1960, is amended to read as follows:
3. The name of every proposed corporation, private banker, branch of a
foreign banking corporation, licensed lender, LICENSED BUY-NOW-PAY-LATER
LENDER and licensed casher of checks to which a certificate of authori-
zation or a license has been refused and the date of notice of refusal.
§ 9. Subdivision 4 of section 42 of the banking law, as amended by
chapter 60 of the laws of 1957, is amended to read as follows:
4. The name and location of every private banker, licensed lender,
licensed casher of checks, sales finance company, LICENSED BUY-NOW-PAY-
LATER LENDER and foreign corporation the authorization certificate or
license of which has been revoked, and the date of such revocation.
§ 10. Subdivision 5 of section 42 of the banking law, as amended by
chapter 249 of the laws of 1968, is amended to read as follows:
5. The name of every banking organization, licensed lender, licensed
casher of checks, LICENSED BUY-NOW-PAY-LATER LENDER and foreign corpo-
ration which has applied for leave to change its place or one of its
places of business and the places from and to which the change is
proposed to be made; the name of every banking organization which has
applied to change the designation of its principal office to a branch
office and to change the designation of one of its branch offices to its
principal office, and the location of the principal office which is
proposed to be redesignated as a branch office and of the branch office
which is proposed to be redesignated as the principal office.
§ 11. Subdivision 6 of section 42 of the banking law, as amended by
chapter 249 of the laws of 1968, is amended to read as follows:
6. The name of every banking organization, licensed lender, licensed
casher of checks, LICENSED BUY-NOW-PAY-LATER LENDER and foreign corpo-
ration authorized to change its place or one of its places of business
and the date when and the places from and to which the change is author-
ized to be made; the name of every banking organization authorized to
change the designation of its principal office to a branch office and to
change the designation of a branch office to its principal office, the
location of the redesignated principal office and of the redesignated
branch office, and the date of such change.
§ 12. Paragraph (a) of subdivision 1 of section 44 of the banking law,
as amended by section 4 of part L of chapter 58 of the laws of 2019, is
amended to read as follows:
(a) Without limiting any power granted to the superintendent under any
other provision of this chapter, the superintendent may, in a proceeding
after notice and a hearing, require any safe deposit company, licensed
lender, LICENSED BUY-NOW-PAY-LATER LENDER licensed casher of checks,
licensed sales finance company, licensed insurance premium finance agen-
cy, licensed transmitter of money, licensed mortgage banker, licensed
student loan servicer, registered mortgage broker, licensed mortgage
loan originator, registered mortgage loan servicer or licensed budget
planner to pay to the people of this state a penalty for any violation
of this chapter, any regulation promulgated thereunder, any final or
temporary order issued pursuant to section thirty-nine of this article,
any condition imposed in writing by the superintendent in connection
with the grant of any application or request, or any written agreement
entered into with the superintendent.
§ 13. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of
any rule or regulation authorized to be made by the superintendent
S. 8308 112 A. 8808
pursuant to this act is authorized to be made and completed on or before
such effective date.
PART DD
Section 1. Subsection (g) of section 3420 of the insurance law, as
amended by chapter 735 of the laws of 2022, is amended to read as
follows:
(g) (1) Except as otherwise provided in paragraph two of this
subsection, no policy or contract shall be deemed to insure against any
liability of an insured because of death of or injuries to [his or her]
THE INSURED'S spouse or because of injury to, or destruction of property
of [his or her] THE INSURED'S spouse unless express provision relating
specifically thereto is included in the policy. This exclusion shall
apply only where the injured spouse, to be entitled to recover, must
prove the culpable conduct of the insured spouse.
(2) (A) [Every] (I) UPON PAYMENT OF A REASONABLE PREMIUM ESTABLISHED
IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER, AN insurer
issuing or delivering any policy that satisfies the requirements of
article six of the vehicle and traffic law AND IS SUBJECT TO SECTION
THREE THOUSAND FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE shall provide
coverage in such A policy ISSUED TO A FIRST NAMED INSURED WHO HAS INDI-
CATED THAT SUCH INSURED HAS A SPOUSE ON THE INSURANCE APPLICATION,
against liability of an insured because of death of or injuries to [his
or her] THE INSURED'S spouse up to the liability insurance limits
provided under such policy even where the injured spouse, to be entitled
to recover, must prove the culpable conduct of the insured spouse,
unless [the] A FIRST NAMED insured elects, in writing and in such form
as the superintendent determines, to decline and refuse such coverage in
[his or her] THE FIRST NAMED INSURED'S policy. Such insurance coverage
shall be known as "supplemental spousal liability insurance".
(II) UPON WRITTEN REQUEST OF AN INSURED, AND UPON PAYMENT OF A REASON-
ABLE PREMIUM ESTABLISHED IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS
CHAPTER, AN INSURER ISSUING OR DELIVERING ANY POLICY THAT SATISFIES THE
REQUIREMENTS OF ARTICLE SIX OF THE VEHICLE AND TRAFFIC LAW, OTHER THAN
AS SPECIFIED IN CLAUSE (I) OF THIS SUBPARAGRAPH, SHALL PROVIDE COVERAGE
IN SUCH A POLICY AGAINST LIABILITY OF AN INSURED BECAUSE OF DEATH OF OR
INJURIES TO THE INSURED'S SPOUSE UP TO THE LIABILITY INSURANCE LIMITS
PROVIDED UNDER SUCH POLICY EVEN WHERE THE INJURED SPOUSE, TO BE ENTITLED
TO RECOVER, MUST PROVE THE CULPABLE CONDUCT OF THE INSURED SPOUSE.
(B) Upon issuance[, renewal or amendment] of a motor vehicle liability
policy that satisfies the requirements of article six of the vehicle and
traffic law AND IS SUBJECT TO SECTION THREE THOUSAND FOUR HUNDRED TWEN-
TY-FIVE OF THIS ARTICLE, the insurer shall notify [the] A FIRST NAMED
insured WHO HAS INDICATED THAT SUCH INSURED HAS A SPOUSE ON THE INSUR-
ANCE APPLICATION, in writing, that such policy shall include supple-
mental spousal liability insurance unless [the] A FIRST NAMED insured
declines and refuses such insurance, in writing and in such form as
shall be determined by the superintendent. Such notification shall be
contained on the front of the premium notice in boldface type and
include a concise statement that [supplementary] SUPPLEMENTAL spousal
coverage is provided unless declined by [the] A FIRST NAMED insured, an
explanation of such coverage, and the insurer's premium for such cover-
age.
(C) A NOTIFICATION OF THE AVAILABILITY OF SUPPLEMENTAL SPOUSAL LIABIL-
ITY INSURANCE SHALL BE PROVIDED UPON POLICY ISSUANCE, OTHER THAN FOR THE
S. 8308 113 A. 8808
POLICIES TO WHICH THE NOTIFICATION REQUIREMENT IN SUBPARAGRAPH (B) OF
THIS PARAGRAPH APPLIES, AND AT LEAST ONCE A YEAR FOR ALL MOTOR VEHICLE
LIABILITY POLICIES THAT SATISFY THE REQUIREMENTS OF ARTICLE SIX OF THE
VEHICLE AND TRAFFIC LAW, WHERE THE POLICY DOES NOT ALREADY PROVIDE
SUPPLEMENTAL SPOUSAL LIABILITY INSURANCE. SUCH NOTICE SHALL BE
CONTAINED ON THE FRONT OF THE PREMIUM NOTICE IN BOLDFACE TYPE AND
INCLUDE A CONCISE STATEMENT THAT SUPPLEMENTAL SPOUSAL LIABILITY COVERAGE
IS AVAILABLE, AN EXPLANATION OF SUCH COVERAGE, AND THE INSURER'S PREMIUM
FOR SUCH COVERAGE.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however that the amendments to
subsection (g) of section 3420 of the insurance law made by section one
of this act shall be subject to the expiration and reversion of such
subsection pursuant to section 2 of chapter 735 of the laws of 2022, as
amended.
PART EE
Section 1. Subparagraph (B) of paragraph 15-a of subsection (i) of
section 3216 of the insurance law, as amended by section 1 of part DDD
of chapter 56 of the laws of 2020, is amended to read as follows:
(B) Such coverage may be subject to annual deductibles and coinsurance
as may be deemed appropriate by the superintendent and as are consistent
with those established for other benefits within a given policy;
provided, however, [the total amount] that [a covered person is required
to pay out of pocket for] covered prescription insulin drugs shall [be
capped at an amount not to exceed one hundred dollars per thirty-day
supply, regardless of the amount or type of insulin needed to fill such
covered person's prescription and regardless of the insured's] NOT BE
SUBJECT TO A deductible, copayment, coinsurance or any other cost shar-
ing requirement.
§ 2. Subparagraph (B) of paragraph 7 of subsection (k) of section 3221
of the insurance law, as amended by section 2 of part DDD of chapter 56
of the laws of 2020, is amended to read as follows:
(B) Such coverage may be subject to annual deductibles and coinsurance
as may be deemed appropriate by the superintendent and as are consistent
with those established for other benefits within a given policy;
provided, however, [the total amount] that [a covered person is required
to pay out of pocket for] covered prescription insulin drugs shall [be
capped at an amount not to exceed one hundred dollars per thirty-day
supply, regardless of the amount or type of insulin needed to fill such
covered person's prescription and regardless of the insured's] NOT BE
SUBJECT TO A deductible, copayment, coinsurance or any other cost shar-
ing requirement.
§ 3. Paragraph 2 of subsection (u) of section 4303 of the insurance
law, as amended by section 3 of part DDD of chapter 56 of the laws of
2020, is amended to read as follows:
(2) Such coverage may be subject to annual deductibles and coinsurance
as may be deemed appropriate by the superintendent and as are consistent
with those established for other benefits within a given policy;
provided, however, [the total amount] that [a covered person is required
to pay out of pocket for] covered prescription insulin drugs shall [be
capped at an amount not to exceed one hundred dollars per thirty-day
supply, regardless of the amount or type of insulin needed to fill such
covered person's prescription and regardless of the insured's] NOT BE
S. 8308 114 A. 8808
SUBJECT TO A deductible, copayment, coinsurance or any other cost shar-
ing requirement.
§ 4. This act shall take effect January 1, 2025 and shall apply to
any policy or contract issued, renewed, modified, altered, or amended on
or after such date.
PART FF
Section 1. The insurance law is amended by adding a new section 3423
to read as follows:
§ 3423. AFFORDABLE HOUSING UNDERWRITING AND RATING. (A) EXCEPT AS
PROVIDED IN SUBSECTION (B) OF THIS SECTION, AN INSURER THAT ISSUES OR
DELIVERS IN THIS STATE INSURANCE COVERING LOSS OF OR DAMAGE TO REAL
PROPERTY CONTAINING UNITS USED FOR RESIDENTIAL PURPOSES SHALL NOT
INQUIRE ABOUT ON AN APPLICATION, NOR SHALL AN INSURER CANCEL, REFUSE TO
ISSUE, REFUSE TO RENEW, OR INCREASE THE PREMIUM OF A POLICY BASED ON,
THE FOLLOWING:
(1) THE LEVEL OR SOURCE OF INCOME OF AN INDIVIDUAL OR GROUP OF INDI-
VIDUALS RESIDING OR INTENDING TO RESIDE UPON THE PROPERTY TO BE INSURED,
IF THE INDIVIDUAL OR GROUP OF INDIVIDUALS IS NOT THE OWNER OF THE REAL
PROPERTY;
(2) THE REAL PROPERTY CONTAINING ANY RESIDENTIAL DWELLING UNITS THAT
MUST BE AFFORDABLE TO RESIDENTS AT A SPECIFIC INCOME LEVEL PURSUANT TO
STATUTE, REGULATIONS, RESTRICTIVE DECLARATION, OR PURSUANT TO A REGULA-
TORY AGREEMENT WITH A STATE OR LOCAL GOVERNMENT ENTITY; OR
(3) THE REAL PROPERTY OWNER OR THE RESIDENTS THEREIN RECEIVING GOVERN-
MENT HOUSING SUBSIDIES, INCLUDING THE RECEIPT OF FEDERAL VOUCHERS ISSUED
UNDER SECTION EIGHT OF THE UNITED STATES HOUSING ACT OF 1937 (42 U.S.C.
§ 1437F).
(B) NOTHING IN THIS SECTION SHALL PROHIBIT AN INSURER FROM REFUSING TO
ACCEPT AN APPLICATION FOR, CANCELING, REFUSING TO ISSUE, REFUSING TO
RENEW, OR INCREASING THE PREMIUM OF, AN INSURANCE POLICY AS A RESULT OF
UNDERWRITING OR RATING FACTORS, EXCEPT AS SPECIFIED IN SUBSECTION (A) OF
THIS SECTION OR AS OTHERWISE PROHIBITED BY THIS CHAPTER OR ANY OTHER
LAW.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
PART GG
Section 1. The general business law is amended by adding a new article
28-G to read as follows:
ARTICLE 28-G
BATTERIES FOR MICROMOBILITY DEVICES
SECTION 495. DEFINITIONS.
496. SALE OF LITHIUM-ION BATTERIES AND SECOND-USE LITHIUM-ION
BATTERIES.
§ 495. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "LITHIUM-ION BATTERY" MEANS A STORAGE BATTERY IN WHICH AN ELEC-
TRICAL CURRENT IS GENERATED BY LITHIUM IONS EMBEDDED IN A CARBON
GRAPHITE OR NICKEL METAL-OXIDE SUBSTRATE PLACED IN A HIGH-VISCOSITY
CARBONATE MIXTURE OR GELLED POLYMER ELECTROLYTE.
2. "SECOND-USE LITHIUM-ION BATTERY" MEANS A LITHIUM-ION BATTERY THAT
HAS BEEN ASSEMBLED, REFURBISHED, REPAIRED, REPURPOSED OR RECONDITIONED
USING CELLS REMOVED FROM USED BATTERIES.
S. 8308 115 A. 8808
3. "MICROMOBILITY DEVICE" MEANS AN ELECTRIC SCOOTER AS DEFINED IN
SECTION ONE HUNDRED FOURTEEN-E OF THE VEHICLE AND TRAFFIC LAW OR OTHER
PERSONAL MOBILITY DEVICE POWERED BY A LITHIUM-ION OR OTHER STORAGE
BATTERY. THE TERM "MICROMOBILITY DEVICE" DOES NOT INCLUDE BICYCLES WITH
ELECTRIC ASSIST AS DEFINED IN SECTION ONE HUNDRED TWO-C OF THE VEHICLE
AND TRAFFIC LAW, WHEELCHAIRS OR OTHER MOBILITY DEVICES DESIGNED FOR USE
BY PERSONS WITH DISABILITIES, OR ANY VEHICLE THAT IS CAPABLE OF BEING
REGISTERED WITH THE DEPARTMENT OF MOTOR VEHICLES.
4. "ACCREDITED TESTING LABORATORY" MEANS A NATIONALLY RECOGNIZED TEST-
ING LABORATORY AS RECOGNIZED BY THE FEDERAL OCCUPATIONAL SAFETY AND
HEALTH ADMINISTRATION OR AN INDEPENDENT LABORATORY THAT HAS BEEN CERTI-
FIED BY AN ACCREDITING BODY TO ISO 17025 OR ISO 17065.
§ 496. SALE OF LITHIUM-ION BATTERIES AND SECOND-USE LITHIUM-ION
BATTERIES. 1. (A) NO PERSON SHALL DISTRIBUTE, ASSEMBLE, RECONDITION,
SELL OR OFFER FOR SALE A LITHIUM-ION BATTERY OR A SECOND-USE LITHIUM-ION
BATTERY INTENDED FOR USE IN A BICYCLE WITH ELECTRIC ASSIST AS DEFINED IN
SECTION ONE HUNDRED TWO-C OF THE VEHICLE AND TRAFFIC LAW UNLESS THE
LITHIUM-ION BATTERY OR SECOND-USE LITHIUM-ION BATTERY HAS BEEN CERTIFIED
BY AN ACCREDITED TESTING LABORATORY FOR COMPLIANCE WITH A BATTERY STAND-
ARD REFERENCED IN UL 2849, UL 2271 OR EN 15194, OR SUCH OTHER SAFETY
STANDARD APPROVED BY THE DEPARTMENT OF STATE PURSUANT TO REGULATION, AND
LABELED ACCORDINGLY.
(B) NO PERSON SHALL DISTRIBUTE, ASSEMBLE, RECONDITION, SELL OR OFFER
FOR SALE A LITHIUM-ION BATTERY OR A SECOND-USE LITHIUM-ION BATTERY
INTENDED FOR USE IN A MICROMOBILITY DEVICE UNLESS THE LITHIUM-ION
BATTERY OR SECOND-USE LITHIUM-ION BATTERY HAS BEEN CERTIFIED BY AN
ACCREDITED TESTING LABORATORY FOR COMPLIANCE WITH UL 2271 OR UL 2272, OR
SUCH OTHER SAFETY STANDARD APPROVED BY THE DEPARTMENT OF STATE PURSUANT
TO REGULATION, AND LABELED ACCORDINGLY.
2. A PERSON WHO VIOLATES SUBDIVISION ONE OF THIS SECTION IS LIABLE FOR
A CIVIL PENALTY AS FOLLOWS:
(A) FOR THE FIRST VIOLATION, A CIVIL PENALTY OF TWO HUNDRED DOLLARS;
AND
(B) FOR EACH SUBSEQUENT VIOLATION ISSUED FOR THE SAME OFFENSE WITHIN
TWO YEARS OF THE DATE OF A FIRST VIOLATION, A CIVIL PENALTY OF NOT MORE
THAN ONE THOUSAND DOLLARS.
3. EACH FAILURE TO COMPLY WITH SUBDIVISION ONE OF THIS SECTION WITH
RESPECT TO EACH SEPARATE LITHIUM-ION BATTERY OR SECOND-USE LITHIUM-ION
BATTERY CONSTITUTES A SEPARATE VIOLATION.
4. THE DISTRICT ATTORNEY, COUNTY ATTORNEY, AND THE CORPORATION COUNSEL
SHALL HAVE CONCURRENT AUTHORITY TO SEEK THE RELIEF IN THIS SECTION, AND
ALL CIVIL PENALTIES OBTAINED IN ANY SUCH ACTION SHALL BE RETAINED BY
SUCH MUNICIPALITY OR COUNTY.
5. THE DEPARTMENT OF STATE MAY PROMULGATE RULES AND REGULATIONS THAT
PROVIDE FOR ANY ADDITIONAL ACCEPTABLE SAFETY STANDARD RELATING TO A
LITHIUM-ION BATTERY OR SECOND-USE LITHIUM-ION BATTERY.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
PART HH
Section 1. Paragraph 1 of subsection (c) of section 109 of the insur-
ance law, as amended by section 1 of subpart B of part AA of chapter 57
of the laws of 2022, is amended to read as follows:
(1) (A) If the superintendent finds after notice and hearing that any
authorized insurer, representative of the insurer, licensed insurance
S. 8308 116 A. 8808
agent, licensed insurance broker, licensed adjuster, or any other person
or entity licensed, certified, registered, or authorized pursuant to
this chapter, has willfully violated the provisions of this chapter or
any regulation promulgated thereunder or with respect to accident and
health insurance, any provision of titles one or two of division BB of
the Consolidated Appropriations Act of 2021 (Pub. L. No. 116-260), as
may be amended from time-to-time, and any regulations promulgated there-
under, then the superintendent may order the person or entity to pay to
the people of this state a penalty in a sum not exceeding one thousand
dollars for each offense.
(B) IF THE SUPERINTENDENT FINDS AFTER NOTICE AND HEARING THAT ANY
AUTHORIZED INSURER OR REPRESENTATIVE THEREOF HAS WILLFULLY VIOLATED ANY
MENTAL HEALTH OR SUBSTANCE USE DISORDER PROVISION OF THIS CHAPTER OR ANY
REGULATION PROMULGATED THEREUNDER, OR THE FEDERAL PAUL WELLSTONE AND
PETE DOMENICI MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT OF 2008 (29
U.S.C. § 1185A) OR ANY REGULATION PROMULGATED THEREUNDER, THEN THE
SUPERINTENDENT MAY ORDER THE AUTHORIZED INSURER OR REPRESENTATIVE THERE-
OF TO PAY TO THE PEOPLE OF THIS STATE A PENALTY IN A SUM NOT EXCEEDING
TWO THOUSAND DOLLARS FOR EACH OFFENSE.
§ 2. This act shall take effect immediately.
PART II
Section 1. The general business law is amended by adding a new section
352-m to read as follows:
§ 352-M. PROTECTING ELIGIBLE ADULTS FROM EXPLOITATION. 1. DEFINITIONS.
AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
(A) "ADULT PROTECTIVE SERVICES" MEANS THE DIVISION OF THE NEW YORK
CITY HUMAN RESOURCES ADMINISTRATION AND EACH COUNTY AGENCY RESPONSIBLE
FOR PROVIDING ADULT PROTECTIVE SERVICES PURSUANT TO SECTION FOUR HUNDRED
SEVENTY-THREE OF THE SOCIAL SERVICES LAW.
(B) "FINANCIAL EXPLOITATION" MEANS: (I) THE IMPROPER USE OF AN ELIGI-
BLE ADULT'S FUNDS, PROPERTY, INCOME OR ASSETS; OR (II) ANY ACT OR OMIS-
SION BY A PERSON, INCLUDING THROUGH THE USE OF A POWER OF ATTORNEY,
GUARDIANSHIP OR ANY OTHER AUTHORITY REGARDING AN ELIGIBLE ADULT TO: (A)
OBTAIN CONTROL, THROUGH DECEPTION, INTIMIDATION, THREATS OR UNDUE INFLU-
ENCE OVER THE ELIGIBLE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY; OR
(B) CONVERT THE ELIGIBLE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY.
(C) "LAW ENFORCEMENT AGENCY" MEANS ANY AGENCY, WHICH IS EMPOWERED BY
LAW TO MAKE AN ARREST FOR A FELONY, AND ANY AGENCY WHICH IS AUTHORIZED
BY LAW TO PROSECUTE A FELONY AND INCLUDING ANY POLICE OFFICER AS DEFINED
BY SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW
AND ANY PROSECUTOR.
(D) "TRANSACTION HOLD" MEANS A DELAY IN THE COMPLETION OF ONE OR MORE
FINANCIAL TRANSACTIONS PENDING AN INVESTIGATION BY A BROKER-DEALER,
INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL, ADULT PROTECTIVE SERVICES,
OR A LAW ENFORCEMENT AGENCY.
(E) "ELIGIBLE ADULT" MEANS AN INDIVIDUAL WHO IS: SIXTY-FIVE YEARS OF
AGE OR OLDER; OR AT LEAST THE AGE OF EIGHTEEN AND WHO, BECAUSE OF MENTAL
OR PHYSICAL IMPAIRMENT, IS UNABLE TO MANAGE THEIR OWN RESOURCES OR
PROTECT THEMSELVES FROM FINANCIAL EXPLOITATION WITHOUT ASSISTANCE FROM
OTHERS.
2. NOTIFICATION. IF A BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED
INDIVIDUAL REASONABLY BELIEVES FINANCIAL EXPLOITATION OF AN ELIGIBLE
ADULT HAS OCCURRED, HAS BEEN ATTEMPTED, OR IS BEING ATTEMPTED, SUCH
S. 8308 117 A. 8808
BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL MAY PROMPTLY
NOTIFY THE ADULT PROTECTIVE SERVICES AND LAW ENFORCEMENT.
3. APPLICATION OF TRANSACTION HOLD. (A) IF AN EMPLOYEE OF A BROKER-
DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL REASONABLY BELIEVES
THAT FINANCIAL EXPLOITATION OF AN ELIGIBLE ADULT MAY HAVE OCCURRED, MAY
HAVE BEEN ATTEMPTED, OR IS BEING ATTEMPTED, THEN SUCH BROKER-DEALER,
INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL MAY PLACE A TRANSACTION HOLD
ON SUCH TRANSACTION.
(B) A BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL SHALL
APPLY A TRANSACTION HOLD TO A TRANSACTION IF ADULT PROTECTIVE SERVICES
OR A LAW ENFORCEMENT AGENCY NOTIFIES SUCH BROKER-DEALER, INVESTMENT
ADVISER, OR QUALIFIED INDIVIDUAL THAT IT REASONABLY BELIEVES THAT THE
TRANSACTION IS THE SUBJECT OF OR RELATED TO FINANCIAL EXPLOITATION OF AN
ELIGIBLE ADULT.
(C) A BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL THAT
APPLIES A TRANSACTION HOLD SHALL: (I) PROVIDE NOTICE OF SUCH HOLD, IN
WRITING, TO ALL PARTIES AUTHORIZED TO TRANSACT BUSINESS ON THE ACCOUNT
THAT IS THE SUBJECT OF A TRANSACTION HOLD, AS WELL AS ANY DESIGNATED
THIRD PARTY, NO LATER THAN ONE BUSINESS DAY AFTER THE APPLICATION OF THE
TRANSACTION HOLD; (II) IF THE TRANSACTION HOLD HAS BEEN APPLIED PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION, NO LATER THAN ONE BUSINESS DAY
AFTER APPLICATION OF THE TRANSACTION HOLD, REPORT THE TRANSACTION HOLD,
INCLUDING THE BASIS FOR THE BROKER-DEALER, INVESTMENT ADVISER, OR QUALI-
FIED INDIVIDUAL'S BELIEF THAT THE TRANSACTION IS THE SUBJECT OF OR
RELATED TO FINANCIAL EXPLOITATION OF AN ELIGIBLE ADULT TO ADULT PROTEC-
TIVE SERVICES IN ITS DISTRICT AND TO A LAW ENFORCEMENT AGENCY; AND (III)
AT THE REQUEST OF ADULT PROTECTIVE SERVICES OR A LAW ENFORCEMENT AGENCY,
PROVIDE ANY INFORMATION AND DOCUMENTS RELATING TO THE TRANSACTION HOLD
WITHIN THREE BUSINESS DAYS AFTER THE REQUEST FOR SUCH INFORMATION OR
DOCUMENTS.
4. DURATION OF TRANSACTION HOLD. A TRANSACTION HOLD SHALL EXPIRE
FIFTEEN BUSINESS DAYS AFTER ITS APPLICATION EXCEPT THAT (I) A TRANS-
ACTION HOLD SHALL BE EXTENDED FOR NO MORE THAN TWENTY-FIVE ADDITIONAL
BUSINESS DAYS UPON REQUEST FROM ADULT PROTECTIVE SERVICES OR A LAW
ENFORCEMENT AGENCY; (II) AT ANY TIME, A BROKER-DEALER, INVESTMENT ADVIS-
ER, OR QUALIFIED INDIVIDUAL SHALL RELEASE A TRANSACTION HOLD NOT MORE
THAN ONE BUSINESS DAY AFTER SUCH BROKER-DEALER, INVESTMENT ADVISER, OR
QUALIFIED INDIVIDUAL RECEIVES NOTICE FROM ADULT PROTECTIVE SERVICES OR
THE LAW ENFORCEMENT AGENCY THAT REQUESTED THE TRANSACTION HOLD OR TO
WHICH THE BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL
REPORTED THE TRANSACTION HOLD, THAT SUCH AGENCY DOES NOT HAVE OR NO
LONGER HAS A REASONABLE BASIS TO BELIEVE THAT THE HELD TRANSACTION IS
THE SUBJECT OF OR RELATED TO FINANCIAL EXPLOITATION; (III) IF A BROKER-
DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL NO LONGER REASONABLY
BELIEVES THAT A TRANSACTION IS THE SUBJECT OF OR RELATED TO FINANCIAL
EXPLOITATION, IT MAY RELEASE A TRANSACTION HOLD APPLIED TO THAT TRANS-
ACTION, PROVIDED THAT ADULT PROTECTIVE SERVICES OR THE LAW ENFORCEMENT
AGENCY, THE BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL
HAS NOTIFIED OF SUCH HOLD PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (C)
OF SUBDIVISION THREE OF THIS SECTION DOES NOT OBJECT; (IV) A TRANSACTION
HOLD MAY BE EXTENDED IN ACCORDANCE WITH AN ORDER ISSUED BY A COURT OF
COMPETENT JURISDICTION; AND (V) A TRANSACTION HOLD MAY BE TERMINATED AT
ANY TIME PURSUANT TO AN ORDER ISSUED BY A COURT OF COMPETENT JURISDIC-
TION.
5. RECORDS. A BROKER-DEALER OR INVESTMENT ADVISER SHALL PROVIDE ACCESS
TO OR COPIES OF RECORDS THAT ARE RELEVANT TO THE SUSPECTED OR ATTEMPTED
S. 8308 118 A. 8808
FINANCIAL EXPLOITATION OF AN ELIGIBLE ADULT TO LAW ENFORCEMENT, EITHER
AS PART OF A NOTIFICATION OR IF IT IS NECESSARY OR APPROPRIATE IN THE
PUBLIC INTEREST AND FOR THE PROTECTION OF THE ELIGIBLE ADULT. THE
RECORDS MAY INCLUDE HISTORICAL RECORDS AS WELL AS RECORDS RELATING TO
THE MOST RECENT TRANSACTIONS THAT MAY COMPRISE FINANCIAL EXPLOITATION OF
AN ELIGIBLE ADULT. ALL RECORDS MADE AVAILABLE TO LAW ENFORCEMENT SHALL
BE CONSIDERED CONFIDENTIAL RECORDS AND SHALL NOT BE AVAILABLE FOR EXAM-
INATION BY THE PUBLIC.
6. IMMUNITY. A BROKER-DEALER, INVESTMENT ADVISER, OR A QUALIFIED INDI-
VIDUAL SHALL BE IMMUNE FROM CRIMINAL, CIVIL, AND ADMINISTRATIVE LIABIL-
ITY FOR GOOD FAITH ACTIONS IN RELATION TO THE APPLICATION OF THIS
SECTION, INCLUDING ANY GOOD FAITH DETERMINATION TO APPLY OR NOT APPLY A
TRANSACTION HOLD TO A TRANSACTION. NOTWITHSTANDING THE FOREGOING, SUCH
IMMUNITY SHALL NOT APPLY TO A DETERMINATION NOT TO IMPOSE A TRANSACTION
HOLD WHEN THE BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL
ENGAGES IN INTENTIONAL MISCONDUCT IN MAKING THE DETERMINATION, OR IF THE
DETERMINATION RESULTS FROM A CONFLICT OF INTEREST.
§ 2. The banking law is amended by adding a new section 4-d to read as
follows:
§ 4-D. PROTECTING ELIGIBLE ADULTS FROM FINANCIAL EXPLOITATION. 1.
DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "ADULT PROTECTIVE SERVICES" MEANS THE DIVISION OF THE NEW YORK
CITY HUMAN RESOURCES ADMINISTRATION AND EACH COUNTY AGENCY RESPONSIBLE
FOR PROVIDING ADULT PROTECTIVE SERVICES PURSUANT TO SECTION FOUR HUNDRED
SEVENTY-THREE OF THE SOCIAL SERVICES LAW.
(B) "BANKING INSTITUTION" MEANS ANY BANK, TRUST COMPANY, SAVINGS BANK,
SAVINGS AND LOAN ASSOCIATION, CREDIT UNION OR BRANCH OF A FOREIGN BANK-
ING CORPORATION THAT IS CHARTERED, ORGANIZED OR LICENSED UNDER THE LAWS
OF THIS STATE OR ANY OTHER STATE OR THE UNITED STATES, AND, IN THE ORDI-
NARY COURSE OF BUSINESS TAKES DEPOSIT ACCOUNTS IN THIS STATE.
(C) "FINANCIAL EXPLOITATION" MEANS: (I) THE IMPROPER USE OF AN ELIGI-
BLE ADULT'S FUNDS, PROPERTY, INCOME OR ASSETS; OR (II) ANY ACT OR OMIS-
SION BY A PERSON, INCLUDING THROUGH THE USE OF A POWER OF ATTORNEY,
GUARDIANSHIP OR ANY OTHER AUTHORITY REGARDING AN ELIGIBLE ADULT TO: (A)
OBTAIN CONTROL, THROUGH DECEPTION, INTIMIDATION, THREATS OR UNDUE INFLU-
ENCE OVER THE ELIGIBLE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY; OR
(B) CONVERT THE ELIGIBLE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY.
(D) "LAW ENFORCEMENT AGENCY" MEANS ANY AGENCY, WHICH IS EMPOWERED BY
LAW TO MAKE AN ARREST FOR A FELONY, AND ANY AGENCY WHICH IS AUTHORIZED
BY LAW TO PROSECUTE A FELONY AND INCLUDING ANY POLICE OFFICER AS DEFINED
BY SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW
AND ANY PROSECUTOR.
(E) "TRANSACTION HOLD" MEANS A DELAY IN THE COMPLETION OF ONE OR MORE
FINANCIAL TRANSACTIONS PENDING AN INVESTIGATION BY A BANKING INSTITU-
TION, ADULT PROTECTIVE SERVICES, OR A LAW ENFORCEMENT AGENCY.
(F) "ELIGIBLE ADULT" MEANS AN INDIVIDUAL WHO IS: SIXTY-FIVE YEARS OF
AGE OR OLDER; OR AT LEAST THE AGE OF EIGHTEEN AND WHO, BECAUSE OF MENTAL
OR PHYSICAL IMPAIRMENT, IS UNABLE TO MANAGE THEIR OWN RESOURCES OR
PROTECT THEMSELVES FROM FINANCIAL EXPLOITATION WITHOUT ASSISTANCE FROM
OTHERS.
2. APPLICATION OF TRANSACTION HOLD. (A) IF AN EMPLOYEE OF A BANKING
INSTITUTION REASONABLY BELIEVES THAT A FINANCIAL EXPLOITATION OF AN
ELIGIBLE ADULT MAY HAVE OCCURRED, MAY HAVE BEEN ATTEMPTED, OR IS BEING
ATTEMPTED, THEN THE BANKING INSTITUTION MAY PLACE A TRANSACTION HOLD ON
SUCH TRANSACTION.
S. 8308 119 A. 8808
(B) A BANKING INSTITUTION SHALL APPLY A TRANSACTION HOLD TO A TRANS-
ACTION IF ADULT PROTECTIVE SERVICES OR A LAW ENFORCEMENT AGENCY NOTIFIES
THE BANKING INSTITUTION THAT IT REASONABLY BELIEVES THAT THE TRANSACTION
IS THE SUBJECT OF OR RELATED TO FINANCIAL EXPLOITATION OF AN ELIGIBLE
ADULT.
(C) A BANKING INSTITUTION THAT APPLIES A TRANSACTION HOLD SHALL: (I)
PROVIDE NOTICE OF SUCH HOLD, IN WRITING, TO ALL PARTIES AUTHORIZED TO
TRANSACT BUSINESS ON THE ACCOUNT THAT IS THE SUBJECT OF A TRANSACTION
HOLD, AS WELL ANY DESIGNATED THIRD PARTY, NO LATER THAN ONE BUSINESS DAY
AFTER THE APPLICATION OF THE TRANSACTION HOLD; (II) IF THE TRANSACTION
HOLD HAS BEEN APPLIED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, NO
LATER THAN ONE BUSINESS DAY AFTER APPLICATION OF THE TRANSACTION HOLD,
REPORT THE TRANSACTION HOLD, INCLUDING THE BASIS FOR THE BANKING INSTI-
TUTION'S BELIEF THAT THE TRANSACTION IS THE SUBJECT OF OR RELATED TO
FINANCIAL EXPLOITATION OF AN ELIGIBLE ADULT TO ADULT PROTECTIVE SERVICES
IN ITS DISTRICT AND TO A LAW ENFORCEMENT AGENCY; AND (III) AT THE
REQUEST OF ADULT PROTECTIVE SERVICES OR A LAW ENFORCEMENT AGENCY,
PROVIDE ANY INFORMATION AND DOCUMENTS RELATING TO THE TRANSACTION HOLD
WITHIN THREE BUSINESS DAYS AFTER THE REQUEST FOR SUCH INFORMATION OR
DOCUMENTS.
3. NOTIFICATION. IF A BANKING INSTITUTION REASONABLY BELIEVES FINAN-
CIAL EXPLOITATION OF AN ELIGIBLE ADULT HAS OCCURRED, HAS BEEN ATTEMPTED,
OR IS BEING ATTEMPTED, THE BANKING INSTITUTION MAY PROMPTLY NOTIFY THE
ADULT PROTECTIVE SERVICES AND LAW ENFORCEMENT.
4. DURATION OF TRANSACTION HOLD. A TRANSACTION HOLD SHALL EXPIRE
FIFTEEN BUSINESS DAYS AFTER ITS APPLICATION EXCEPT THAT (I) A TRANS-
ACTION HOLD SHALL BE EXTENDED FOR NO MORE THAN TWENTY-FIVE ADDITIONAL
BUSINESS DAYS UPON REQUEST FROM ADULT PROTECTIVE SERVICES OR A LAW
ENFORCEMENT AGENCY; (II) AT ANY TIME, A BANKING INSTITUTION SHALL
RELEASE A TRANSACTION HOLD NOT MORE THAN ONE BUSINESS DAY AFTER SUCH
BANKING INSTITUTION RECEIVES NOTICE FROM ADULT PROTECTIVE SERVICES OR
THE LAW ENFORCEMENT AGENCY THAT REQUESTED THE TRANSACTION HOLD OR TO
WHICH THE BANKING INSTITUTION REPORTED THE TRANSACTION HOLD, THAT SUCH
AGENCY DOES NOT HAVE OR NO LONGER HAS A REASONABLE BASIS TO BELIEVE THAT
THE HELD TRANSACTION IS THE SUBJECT OF OR RELATED TO FINANCIAL EXPLOITA-
TION; (III) IF A BANKING INSTITUTION NO LONGER REASONABLY BELIEVES THAT
A TRANSACTION IS THE SUBJECT OF OR RELATED TO FINANCIAL EXPLOITATION, IT
MAY RELEASE A TRANSACTION HOLD APPLIED TO THAT TRANSACTION, PROVIDED
THAT ADULT PROTECTIVE SERVICES OR THE LAW ENFORCEMENT AGENCY THE BANKING
INSTITUTION HAS NOTIFIED OF SUCH HOLD PURSUANT TO SUBPARAGRAPH (I) OF
PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION DOES NOT OBJECT; (IV) A
TRANSACTION HOLD MAY BE EXTENDED IN ACCORDANCE WITH AN ORDER ISSUED BY A
COURT OF COMPETENT JURISDICTION; AND (V) A TRANSACTION HOLD MAY BE
TERMINATED AT ANY TIME PURSUANT TO AN ORDER ISSUED BY A COURT OF COMPE-
TENT JURISDICTION.
5. REGULATIONS. THE SUPERINTENDENT MAY PROMULGATE REGULATIONS TO
EFFECTUATE THE PURPOSES OF THIS SECTION, INCLUDING SETTING FORTH FACTORS
THAT A BANKING INSTITUTION MAY CONSIDER IN DETERMINING WHETHER TO APPLY
A TRANSACTION HOLD TO A TRANSACTION PURSUANT TO PARAGRAPH (A) OF SUBDI-
VISION TWO OF THIS SECTION, THE FORM AND MANNER OF ANY NOTIFICATION
MANDATED BY SUBDIVISION TWO OF THIS SECTION, AND THE IMPLEMENTATION OF
TRAINING PROGRAMS FOR BANKING INSTITUTION STAFF RELATING TO RECOGNIZING
FINANCIAL EXPLOITATION.
6. IMMUNITY. A BANKING INSTITUTION OR AN EMPLOYEE OF A BANKING INSTI-
TUTION SHALL BE IMMUNE FROM CRIMINAL, CIVIL, AND ADMINISTRATIVE LIABIL-
ITY FOR GOOD FAITH ACTIONS IN RELATION TO THE APPLICATION OF THIS
S. 8308 120 A. 8808
SECTION, INCLUDING ANY GOOD FAITH DETERMINATION TO APPLY OR NOT APPLY A
TRANSACTION HOLD TO A TRANSACTION. NOTWITHSTANDING THE FOREGOING, SUCH
IMMUNITY SHALL NOT APPLY TO A DETERMINATION NOT TO IMPOSE A TRANSACTION
HOLD WHEN THE BANKING INSTITUTION OR EMPLOYEE ENGAGES IN INTENTIONAL
MISCONDUCT IN MAKING THE DETERMINATION, OR IF THE DETERMINATION RESULTS
FROM A CONFLICT OF INTEREST.
§ 3. Section 473 of the social services law is amended by adding a new
subdivision 5-a to read as follows:
5-A. WHENEVER A SOCIAL SERVICES OFFICIAL, OR HIS OR HER DESIGNEE
AUTHORIZED OR REQUIRED TO DETERMINE THE NEED FOR, OR TO PROVIDE OR
ARRANGE FOR THE PROVISION OF PROTECTIVE SERVICES TO ADULTS IN ACCORDANCE
WITH THE PROVISIONS OF THIS TITLE HAS A REASON TO BELIEVE THAT FINANCIAL
EXPLOITATION OF AN ELIGIBLE ADULT HAS OCCURRED, HAS BEEN ATTEMPTED, OR
IS BEING ATTEMPTED, THE SOCIAL SERVICES OFFICIAL OR HIS OR HER DESIGNEE
MUST REPORT THIS INFORMATION TO THE APPROPRIATE LAW ENFORCEMENT AGENCY
AND NOTIFY ANY FINANCIAL OR BANKING INSTITUTIONS INVOLVED IN THE RELE-
VANT FINANCIAL TRANSACTIONS OF THE NEED TO APPLY A TRANSACTION HOLD.
§ 4. Paragraph (g) of subdivision 6 of section 473 of the social
services law, as amended by chapter 395 of the laws of 1995, is amended
to read as follows:
(g) "Financial exploitation" means:
(I) THE improper use of an adult's funds, property, INCOME or
[resources by another individual, including but not limited to, fraud,
false pretenses, embezzlement, conspiracy, forgery, falsifying records,
coerced property transfers or denial of access to assets] ASSETS; OR
(II) ANY ACT OR OMISSION BY A PERSON, INCLUDING THROUGH THE USE OF A
POWER OF ATTORNEY, GUARDIANSHIP OR ANY OTHER AUTHORITY REGARDING AN
ADULT TO: (A) OBTAIN CONTROL, THROUGH DECEPTION, INTIMIDATION, THREATS
OR UNDUE INFLUENCE OVER THE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY;
OR (B) CONVERT THE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART JJ
Section 1. This act shall be known and may be cited as the "Consumer
Protection Act (CPA)".
§ 2. Section 349 of the general business law, as added by chapter 43
of the laws of 1970, subdivision (h) as amended by chapter 157 of the
laws of 1984, and subdivision (j) as added by section 6 of part HH of
chapter 55 of the laws of 2014, is amended to read as follows:
§ 349. [Deceptive acts] UNFAIR, DECEPTIVE AND ABUSIVE ACTS and prac-
tices unlawful. (a) [Deceptive] UNFAIR, DECEPTIVE OR ABUSIVE acts or
practices in the conduct of any business, trade or commerce or in the
furnishing of any service in this state are hereby declared unlawful.
(1) FOR THE PURPOSES OF THIS SECTION, AN ACT OR PRACTICE IS UNFAIR
WHEN IT CAUSES OR IS LIKELY TO CAUSE SUBSTANTIAL INJURY, THE INJURY IS
NOT REASONABLY AVOIDABLE, AND THE INJURY IS NOT OUTWEIGHED BY COUNTER-
VAILING BENEFITS TO CONSUMERS OR COMPETITION.
(2) FOR THE PURPOSES OF THIS SECTION, AN ACT OR PRACTICE IS ABUSIVE
WHEN:
(I) IT MATERIALLY INTERFERES WITH THE ABILITY OF A PERSON TO UNDER-
STAND A TERM OR CONDITION OF A PRODUCT OR SERVICE; OR
(II) TAKES UNREASONABLE ADVANTAGE OF:
(A) A PERSON'S LACK OF UNDERSTANDING OF THE MATERIAL RISKS, COSTS, OR
CONDITIONS OF THE PRODUCT OR SERVICE; OR
S. 8308 121 A. 8808
(B) A PERSON'S INABILITY TO PROTECT THEIR INTERESTS IN SELECTING OR
USING A PRODUCT OR SERVICE.
(b) Whenever the attorney general shall believe from evidence satis-
factory to [him] THEM that any person, firm, corporation or association
or agent or employee thereof has engaged in or is about to engage in any
of the acts or practices stated to be [unlawful he] UNFAIR, DECEPTIVE OR
ABUSIVE, THEY may bring an action in the name and on behalf of the
people of the state of New York to enjoin such unlawful acts or prac-
tices and to obtain restitution of any moneys or property obtained
directly or indirectly by any such unlawful acts or practices. In such
action preliminary relief may be granted under article sixty-three of
the civil practice law and rules. SUCH ACTIONS MAY BE BROUGHT REGARDLESS
OF WHETHER OR NOT THE UNDERLYING VIOLATION IS DIRECTED AT INDIVIDUALS
OR BUSINESSES OR INVOLVES THE OFFERING OF GOODS, SERVICES, OR PROPERTY
FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES.
(c) Before any violation of this section is sought to be enjoined, the
attorney general shall be required to give the person against whom such
proceeding is contemplated notice by certified mail and an opportunity
to show in writing within five business days after receipt of notice why
proceedings should not be instituted against [him] THEM, unless the
attorney general shall find, in any case in which [he seeks] THEY SEEK
preliminary relief, that to give such notice and opportunity is not in
the public interest.
(d) In any such action it shall be a complete defense that the act or
practice is, or if in interstate commerce would be, subject to and
complies with the rules and regulations of, and the statutes adminis-
tered by, the federal trade commission or any official department, divi-
sion, commission or agency of the United States as such rules, regu-
lations or statutes are interpreted by the federal trade commission or
such department, division, commission or agency or the federal courts.
(e) Nothing in this section shall apply to any television or radio
broadcasting station or to any publisher or printer of a newspaper,
magazine or other form of printed advertising, who broadcasts,
publishes, or prints the advertisement.
(f) In connection with any proposed proceeding under this section, the
attorney general is authorized to take proof and make a determination of
the relevant facts, and to issue subpoenas in accordance with the civil
practice law and rules.
(g) This section shall apply to all UNFAIR, deceptive OR ABUSIVE acts
or practices declared to be unlawful, whether or not subject to any
other law of this state, and shall not supersede, amend or repeal any
other law of this state under which the attorney general is authorized
to take any action or conduct any inquiry.
(h) In addition to the right of action granted to the attorney general
pursuant to this section, any person who has been injured by reason of
any violation of this section may bring an action in [his] THEIR own
name to enjoin such [unlawful] UNFAIR, DECEPTIVE, OR ABUSIVE act or
practice, an action to recover [his] THEIR actual damages or [fifty] ONE
THOUSAND dollars, whichever is greater, or both such actions. SUCH
ACTIONS MAY BE BROUGHT REGARDLESS OF WHETHER OR NOT THE UNDERLYING
VIOLATION INVOLVES THE OFFERING OF GOODS, SERVICES OR PROPERTY FOR
PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. The court may, in its
discretion, increase the award of damages to an amount not to exceed
three times the actual damages up to one thousand dollars, if the court
finds the defendant willfully or knowingly violated this section. The
S. 8308 122 A. 8808
court [may] SHALL award reasonable attorney's fees AND COSTS to a
prevailing plaintiff.
(I) (1) AT LEAST THIRTY DAYS PRIOR TO THE COMMENCEMENT OF AN ACTION
FOR MONETARY DAMAGES EXCEEDING FIVE HUNDRED DOLLARS PURSUANT TO SUBDIVI-
SION (H) OF THIS SECTION OR WITHIN THIRTY DAYS OF AMENDING A COMPLAINT
TO SEEK MONETARY DAMAGES EXCEEDING FIVE HUNDRED DOLLARS PURSUANT TO
SUBDIVISION (H) OF THIS SECTION, THE CONSUMER SHALL DO THE FOLLOWING:
(A) NOTIFY THE PERSON ALLEGED TO HAVE COMMITTED UNFAIR, DECEPTIVE OR
ABUSIVE ACTS OR PRACTICES IN VIOLATION OF THIS SECTION OF THE PARTICULAR
ALLEGED VIOLATIONS OF THIS SECTION, INCLUDING A REASONABLY SPECIFIC
DESCRIPTION REGARDING THE TIME, PLACE AND NATURE OF THE ALLEGATIONS; AND
(B) DEMAND THAT SUCH PERSON CORRECT, REPAIR, REPLACE, OR OTHERWISE
RECTIFY THE ALLEGED VIOLATION OR VIOLATIONS OF THIS SECTION WITH SUFFI-
CIENT SPECIFICITY TO PERMIT A REASONABLE PERSON TO RESPOND TO SUCH
DEMAND.
(2) THE DEMAND MADE PURSUANT TO THIS SUBDIVISION SHALL BE IN WRITING
AND SHALL BE SENT BY CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT
REQUESTED, TO THE PLACE WHERE THE TRANSACTION OCCURRED OR TO THE
PERSON'S PRINCIPAL PLACE OF BUSINESS, IF KNOWN. EVIDENCE DEMONSTRATING
THAT NOTICE, HOWEVER MADE, WAS ACTUALLY RECEIVED BY THE PERSON IS SUFFI-
CIENT TO DEMONSTRATE COMPLIANCE WITH THIS PARAGRAPH.
(3) NO ACTION FOR MONETARY DAMAGES GREATER THAN FIVE HUNDRED DOLLARS
MAY BE MAINTAINED UNDER THIS SECTION IF AN APPROPRIATE CORRECTION,
REPAIR, REPLACEMENT, OR OTHER REMEDY HAS BEEN PROVIDED BY THE PERSON
ALLEGED TO HAVE COMMITTED UNFAIR, DECEPTIVE OR ABUSIVE ACTS OR PRACTICES
IN VIOLATION OF THIS SECTION TO THE CONSUMER WITHIN THIRTY DAYS OF
RECEIPT BY SUCH PERSON OF THE NOTICE.
(4) NO ACTION FOR MONETARY DAMAGES MAY BE MAINTAINED UNDER ARTICLE
NINE OF THE CIVIL PRACTICE LAW AND RULES AGAINST A PERSON ALLEGED TO
HAVE COMMITTED UNFAIR, DECEPTIVE OR ABUSIVE ACTS OR PRACTICES IN
VIOLATION OF THIS SECTION UPON A SHOWING BY SUCH PERSON THAT THEY HAVE:
(A) IDENTIFIED ALL CONSUMERS SIMILARLY SITUATED OR HAVE MADE REASON-
ABLE EFFORTS TO IDENTIFY SUCH OTHER CONSUMERS;
(B) NOTIFIED ALL SUCH SIMILARLY SITUATED CONSUMERS SO IDENTIFIED THAT
UPON THEIR REQUEST, SUCH PERSON SHALL MAKE THE APPROPRIATE CORRECTION,
REPAIR, REPLACEMENT, OR OTHER REMEDY OF THE GOODS OR SERVICES;
(C) CORRECTED, REPAIRED, REPLACED, OR PROVIDED ANY OTHER REMEDY
REQUESTED BY THE CONSUMERS WITHIN A REASONABLE TIME FRAME; AND
(D) CEASED FROM ENGAGING IN, OR IF IMMEDIATE CESSATION IS IMPOSSIBLE
OR UNREASONABLY EXPENSIVE UNDER THE CIRCUMSTANCES, THE PERSON WILL,
WITHIN A REASONABLE TIME, CEASE TO ENGAGE IN, THE UNFAIR, DECEPTIVE OR
ABUSIVE ACTS OR PRACTICES.
(5) ACTIONS SEEKING INJUNCTIVE RELIEF ONLY MAY BE COMMENCED WITHOUT
COMPLIANCE WITH THIS SUBDIVISION.
(6) ATTEMPTS OR EFFORTS TO COMPLY WITH THIS SECTION BY A PERSON
RECEIVING A DEMAND SHALL BE CONSTRUED AS AN OFFER TO COMPROMISE UNDER
SECTION FORTY-FIVE HUNDRED FORTY-SEVEN OF THE CIVIL PRACTICE LAW AND
RULES AND SHALL BE INADMISSIBLE AS EVIDENCE. FURTHERMORE, ATTEMPTS OR
EFFORTS TO COMPLY WITH A DEMAND SHALL NOT BE CONSIDERED AN ADMISSION OF
ENGAGING IN AN ACT OR PRACTICE DECLARED UNLAWFUL BY THIS SECTION.
EVIDENCE OF COMPLIANCE OR ATTEMPTS OR EFFORTS TO COMPLY WITH THIS
SECTION MAY BE INTRODUCED BY A DEFENDANT OR PERSON ALLEGED TO HAVE
COMMITTED UNFAIR, DECEPTIVE OR ABUSIVE ACTS OR PRACTICES IN VIOLATION OF
THIS SECTION FOR THE PURPOSE OF ESTABLISHING GOOD FAITH OR TO SHOW
COMPLIANCE WITH THIS SECTION.
S. 8308 123 A. 8808
(j) Notwithstanding any law to the contrary, all monies recovered or
obtained under this article by a state agency or state official or
employee acting in their official capacity shall be subject to subdivi-
sion eleven of section four of the state finance law.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law.
PART KK
Section 1. Section 4 of Part WW of chapter 56 of the laws of 2022
amending the public officers law relating to permitting videoconferenc-
ing and remote participation in public meetings under certain circum-
stances, is amended to read as follows:
§ 4. This act shall take effect immediately and shall expire and be
deemed repealed July 1, [2024] 2026.
§ 2. This act shall take effect immediately.
PART LL
Section 1. Paragraph 2 of subsection (f) of section 1308 of the insur-
ance law, as amended by section 2 of chapter 802 of the laws of 1985, is
amended to read as follows:
(2) Any domestic life insurance company proposing to assume by rein-
surance all or any part of the business in force, other than portions of
individual risks, of any domestic, foreign or alien life insurance
company, fraternal benefit society or other organization having
outstanding policies or certificates of life insurance or accident and
health insurance or annuity contracts shall make written application to
the superintendent for permission to do so. If after due consideration
the superintendent is satisfied that the proposed reinsurance will not
prejudice the interests of the policyholders of either the applicant or
the companies [which] THAT are members of The Life Insurance Guaranty
Corporation or of The Life AND HEALTH Insurance Company Guaranty Corpo-
ration of New York, [he] THE SUPERINTENDENT shall grant the permission.
§ 2. Paragraph 1 of subsection (a) of section 7434 of the insurance
law, as amended by chapter 134 of the laws of 1999, is amended to read
as follows:
(1) Upon the recommendation of the superintendent, and under the
direction of the court, distribution payments shall be made in a manner
that will assure the proper recognition of priorities and a reasonable
balance between the expeditious completion of the liquidation and the
protection of unliquidated and undetermined claims. The priority of
distribution of claims from an insolvent [property/casualty] insurer
OTHER THAN A LIFE INSURER in any proceeding subject to this article
shall be in accordance with the order in which each class of claims is
set forth in this paragraph and as provided in this paragraph. Every
claim in each class shall be paid in full or adequate funds retained for
such payment before the members of the next class receive any payment.
No subclasses shall be established within any class. No claim by a
shareholder, policyholder or other creditor shall be permitted to
circumvent the priority classes through the use of equitable remedies.
The order of distribution of claims shall be:
[(i)] (A) Class one. Claims with respect to the actual and necessary
costs and expenses of administration, incurred by the liquidator, reha-
bilitator or conservator under this article.
S. 8308 124 A. 8808
[(ii)] (B) Class two. All claims under policies including such claims
of the federal or any state or local government for losses incurred,
third party claims, claims for unearned premiums, and all claims of a
security fund, guaranty association or the equivalent except claims
arising under reinsurance contracts.
[(iii)] (C) Class three. Claims of the federal government except those
under class two above.
[(iv)] (D) Class four. Claims for wages owing to employees of an
insurer against whom a proceeding under this article is commenced for
services rendered within one year before commencement of the proceeding,
not exceeding one thousand two hundred dollars to each employee, and
claims for unemployment insurance contributions required by article
eighteen of the labor law. Such priority shall be in lieu of any other
similar priority which may be authorized by law.
[(v)] (E) Class five. Claims of state and local governments except
those under class two above.
[(vi)] (F) Class six. Claims of general creditors including, but not
limited to, claims arising under reinsurance contracts.
[(vii)] (G) Class seven. Claims filed late or any other claims other
than claims under class eight or class nine below.
[(viii)] H) Class eight. Claims for advanced or borrowed funds made
pursuant to section one thousand three hundred seven of this chapter.
[(ix)] (I) Class nine. Claims of shareholders or other owners in their
capacity as shareholders.
§ 3. Paragraphs 1 and 4 of subsection (a) of section 7435 of the
insurance law, as added by chapter 802 of the laws of 1985, are amended
to read as follows:
(1) Class one. Claims with respect to the actual and necessary costs
and expenses of administration, incurred by the liquidator, rehabilita-
tor, conservator or ancillary rehabilitator under this article, or by
The Life Insurance Guaranty Corporation or The Life AND HEALTH Insurance
Company Guaranty Corporation of New York, and claims described in
subsection (d) of section seven thousand seven hundred thirteen of this
chapter.
(4) Class four. All claims under insurance policies, annuity contracts
and funding agreements, and all claims of The Life AND HEALTH Insurance
Company Guaranty Corporation of New York or any other guaranty corpo-
ration or association of this state or another jurisdiction, other than
[(i)] claims provided for in paragraph one of this subsection[,] and
[(ii)] claims for interest.
§ 4. Paragraph 2 of subsection (c) of section 7709 of the insurance
law, as amended by section 10 of subpart D of part Y of chapter 57 of
the laws of 2023, is amended to read as follows:
(2) The amount of any class B or class C assessment, except for
assessments related to long-term care insurance, shall be allocated for
assessment purposes among the accounts in the proportion that the premi-
ums received by the impaired or insolvent insurer on the policies or
contracts covered by each account for the last calendar year preceding
the assessment in which the impaired or insolvent insurer received
premiums bears to the premiums received by such insurer for such calen-
dar year on all covered policies. The amount of any class B or class C
assessment for long-term care insurance written by the impaired or
insolvent insurer shall be allocated according to a methodology included
in the plan of operation and approved by the superintendent. The meth-
odology shall provide for fifty percent of the assessment to be allo-
cated to health insurance company member insurers and fifty percent to
S. 8308 125 A. 8808
be allocated to life insurance company member insurers; provided, howev-
er, that a property/casualty insurer that writes health insurance shall
be considered a health insurance company member for this purpose. Class
B and class C assessments against member insurers for each account shall
be in the proportion that the premiums received on business in this
state by each assessed member insurer on policies covered by each
account for the three calendar years preceding the assessment bears to
such premiums received on business in this state for such calendar years
by all assessed member insurers. CLASS B AND CLASS C ASSESSMENTS
AGAINST MEMBER INSURERS FOR THE HEALTH INSURANCE ACCOUNT SHALL BE
FURTHER REDUCED FOR NOT-FOR-PROFIT MEMBER INSURERS PURSUANT TO A METHOD-
OLOGY INCLUDED IN THE PLAN OF OPERATION AND APPROVED BY THE SUPERINTEN-
DENT.
§ 5. Section 7712 of the insurance law, as added by chapter 802 of the
laws of 1985, subsection (a) as amended by section 11 of subpart D of
part Y of chapter 57 of the laws of 2023, is amended to read as follows:
§ 7712. Credits for assessments paid. (a) The superintendent shall
annually[, within six months following the close of each calendar year,
furnish to the commissioner of taxation and finance and the director of
the division of the budget a statement of operations for the life insur-
ance guaranty corporation and the life and health insurance company
guaranty corporation of New York. Such statement shall show the assess-
ments, less any refunds or reimbursements thereof, paid by each insur-
ance company pursuant to the provisions of article seventy-five or]
ISSUE A CERTIFICATE OF TAX CREDIT FOR NET CLASS A ASSESSMENTS PAID, AND
A SEPARATE CERTIFICATE OF TAX CREDIT FOR TOTAL NET CLASS B AND CLASS C
ASSESSMENTS PAID, AS SUCH ASSESSMENTS ARE DESCRIBED IN section seven
thousand seven hundred nine of this article, [for the purposes of meet-
ing the requirements of this chapter. Each statement, starting with the
statement furnished in the year nineteen hundred eighty-six and ending
with the statement furnished in the year two thousand, shall show the
annual activity for every year commencing from nineteen hundred eighty-
five through the most recently completed year. Each statement furnished
in each year after the year two thousand shall reflect such assessments
paid during the preceding fifteen calendar years. The superintendent
shall also furnish a copy of such statement to each such] TO AN insur-
ance company THAT IS REQUIRED TO FILE A TAX RETURN PURSUANT TO ARTICLE
THIRTY-THREE OF THE TAX LAW. FOR THE PURPOSES OF THIS SECTION, AN
INSURANCE COMPANY'S "NET CLASS A ASSESSMENTS PAID" SHALL MEAN ITS GROSS
CLASS A ASSESSMENTS PAID PURSUANT TO THE PROVISIONS OF ARTICLE SEVENTY-
FIVE OR SECTION SEVEN THOUSAND SEVEN HUNDRED NINE OF THIS ARTICLE, LESS
ANY REFUNDS, RECOVERIES, OR REIMBURSEMENTS, AND AN INSURANCE COMPANY'S
"TOTAL NET CLASS B AND CLASS C ASSESSMENTS PAID" SHALL MEAN ITS GROSS
CLASS B AND CLASS C ASSESSMENTS PAID PURSUANT TO THE PROVISIONS OF ARTI-
CLE SEVENTY-FIVE OR SECTION SEVEN THOUSAND SEVEN HUNDRED NINE OF THIS
ARTICLE, LESS ANY REFUNDS, RECOVERIES, OR REIMBURSEMENTS.
(b) The [maximum authorized] CERTIFICATES OF TAX credit [for each
company in respect of the assessments paid during the most recent calen-
dar year covered by such statement] shall [be] SET FORTH THE AMOUNT OF
TAX CREDIT AN INSURANCE COMPANY MAY CLAIM as follows:
(1) [if the sum of the net assessments paid by all companies in the
period reported on in the statement of operations required to be
furnished by the superintendent pursuant to the provisions of subsection
(a) of this section is less than one hundred million dollars, no such
credits shall be authorized] FOR NET CLASS A ASSESSMENTS, THE ELIGIBLE
S. 8308 126 A. 8808
CREDIT AMOUNT SHALL BE EQUAL TO THE PRODUCT OF EIGHTY PER CENTUM AND THE
COMPANY'S NET CLASS A ASSESSMENTS PAID; AND
(2) [(A) if the sum of such net assessments exceeds one hundred
million dollars, the maximum authorized credit for each company with
respect to net assessments paid by such company in any year shall be the
excess, if any, of (i) over (ii), where (i) is the sum of such company's
tentative cross-over year credit and its tentative credits for subse-
quent years, both as determined pursuant to subparagraphs (B) and (C) of
this paragraph, and (ii) is the sum of the maximum credits theretofore
authorized for the years covered by such statement, to and including the
most recently completed year, determined with reference to the periods
covered by all prior such statements.
(B) Such company's tentative cross-over year credit shall be eighty
per centum of the product of (i) and (ii), where (i) is the sum of
assessments paid by such company during the cross-over year, and (ii) is
a fraction, the numerator of which is the excess over one hundred
million dollars of the sum of net assessments paid by all companies
during such period and the denominator of which is the sum of net
assessments paid by such companies during the cross-over year. For
purposes of this paragraph, the cross-over year is the first year during
the period covered by such statement in which the net assessments paid
by all companies during such period exceeded one hundred million dollars
in whole or in part.
(C) Such company's tentative credit for each year subsequent to the
cross-over year shall be eighty per centum of the net assessments paid
by such company during such year.
(3) For the purposes of this section, net assessments means gross
assessments, less any recoveries or reimbursements, paid during the
period covered by the most recent statement of operations furnished by
the superintendent pursuant to the provisions of subsection (a) of this
section] FOR TOTAL NET CLASS B AND CLASS C ASSESSMENTS, THE ELIGIBLE
CREDIT AMOUNT SHALL BE EQUAL TO THE PRODUCT OF EIGHTY PER CENTUM AND THE
COMPANY'S TOTAL NET CLASS B AND CLASS C ASSESSMENTS PAID, SUBJECT TO
SUBSECTION (C) OF THIS SECTION.
(C)(1) THE AGGREGATE AMOUNT OF TAX CREDITS PURSUANT TO THIS SECTION
FOR TOTAL NET CLASS B AND CLASS C ASSESSMENTS IN EACH CALENDAR YEAR
SHALL NOT EXCEED ONE HUNDRED FIFTY MILLION DOLLARS. THE AGGREGATE TAX
CREDIT AMOUNT SHALL BE ALLOCATED ANNUALLY BY THE SUPERINTENDENT ON A PRO
RATA BASIS TO EACH COMPANY REQUIRED TO FILE A TAX RETURN PURSUANT TO
ARTICLE THIRTY-THREE OF THE TAX LAW.
(2) THE SUPERINTENDENT SHALL ALLOCATE ANY TAX CREDIT AMOUNT THAT
EXCEEDS THE ANNUAL CREDIT CAP OF ONE HUNDRED FIFTY MILLION DOLLARS TO
THE FOLLOWING CALENDAR YEAR AND INCLUDE SUCH AMOUNT WITHIN THE CALCU-
LATION OF THE ELIGIBLE CREDIT AMOUNT SUBJECT TO THE AGGREGATE CREDIT
AMOUNT FOR THE SUCCEEDING CALENDAR YEAR BY THE SUPERINTENDENT.
(3) FOR COMPANIES ISSUED A CERTIFICATE OF TAX CREDIT FOR TOTAL NET
CLASS B AND CLASS C ASSESSMENTS, SUCH ANNUAL CERTIFICATE SHALL SET FORTH
AN AMOUNT EQUAL TO THIRTY-THREE AND ONE-THIRD PER CENTUM OF THE AMOUNT
CALCULATED UNDER SUBSECTION (B) OF THIS SECTION AND ALLOCATED PURSUANT
TO PARAGRAPH ONE OF THIS SUBSECTION. THE AMOUNT ON THE CERTIFICATE OF
TAX CREDIT SHALL BE ELIGIBLE TO BE CLAIMED IN THE TAXABLE YEAR THAT
BEGINS IN THE CALENDAR YEAR THAT SUCH CERTIFICATE IS ISSUED. THIRTY-
THREE AND ONE-THIRD PER CENTUM OF SUCH AMOUNT SHALL BE ELIGIBLE TO BE
CLAIMED IN EACH OF THE TWO TAXABLE YEARS FOLLOWING SUCH TAXABLE YEAR.
(D)(1) THE SUPERINTENDENT SHALL, IN CONSULTATION WITH THE COMMISSIONER
OF TAXATION AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT FOR NET
S. 8308 127 A. 8808
CLASS A ASSESSMENTS, AND A CERTIFICATE OF TAX CREDIT FOR TOTAL NET CLASS
B AND CLASS C ASSESSMENTS. EACH CERTIFICATE SHALL CONTAIN SUCH INFORMA-
TION AS REQUIRED BY THE COMMISSIONER OF TAXATION AND FINANCE, INCLUDING
A CERTIFICATE DATE.
(2) THE SUPERINTENDENT SHALL SOLELY DETERMINE THE TAX CREDIT ELIGIBIL-
ITY OF ANY INSURANCE COMPANY AND SHALL REVOKE ANY CERTIFICATE OF TAX
CREDIT ISSUED TO AN INSURANCE COMPANY THAT NO LONGER QUALIFIES FOR A TAX
CREDIT. THE SUPERINTENDENT SHALL MODIFY THE AMOUNT OF THE CREDIT SHOWN
ON ANY SUCH CERTIFICATE IF THE SUPERINTENDENT DETERMINES THAT THE AMOUNT
CERTIFIED UNDER SUBSECTION (B) OF THIS SECTION WAS NOT COMPUTED PROPERLY
PURSUANT TO THIS SECTION.
(3) TO BE ISSUED A CERTIFICATE OF TAX CREDIT BY THE SUPERINTENDENT,
EACH INSURANCE COMPANY SHALL:
(A) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE
INSURANCE COMPANY'S TAX INFORMATION RELEVANT TO THE ADMINISTRATION OF
THIS SECTION WITH THE SUPERINTENDENT. HOWEVER, ANY INFORMATION SHARED
WITH THE SUPERINTENDENT AS A RESULT OF THIS SECTION SHALL NOT BE AVAIL-
ABLE FOR PUBLIC DISCLOSURE OR INSPECTION UNDER ARTICLE SIX OF THE PUBLIC
OFFICERS LAW;
(B) ALLOW THE SUPERINTENDENT AND THE CORPORATION ACCESS TO ANY AND ALL
BOOKS AND RECORDS THE SUPERINTENDENT OR CORPORATION MAY REQUIRE TO MONI-
TOR COMPLIANCE WITH THIS SECTION; AND
(C) AGREE TO PROVIDE ANY ADDITIONAL INFORMATION REQUIRED BY THE SUPER-
INTENDENT RELEVANT TO THIS SECTION.
§ 6. Subdivision (f) of section 1511 of the tax law, as amended by
chapter 803 of the laws of 1985, paragraph 1 as amended by chapter 217
of the laws 2012, subparagraph (B) of paragraph 3 as further amended by
section 104 of part A of chapter 62 of the laws of 2011 and paragraph 5
as amended by section 9 of part H3 of chapter 62 of the laws of 2003, is
amended to read as follows:
(f) Credit relating to life AND HEALTH insurance guaranty corporation
assessments. [A] (1) ALLOWANCE OF CREDIT. FOR TAXABLE YEARS BEGINNING
ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, A credit shall be
allowed against the tax imposed pursuant to this article (other than
section fifteen hundred five-a of this article)[, for a portion of the
assessments paid by a taxpayer pursuant to article seventy-five or
section seven thousand seven hundred nine of the insurance law. The
credit shall be determined in accordance with the following provisions]
AS HEREINAFTER PROVIDED.
[(1)] (2) AMOUNT OF CREDIT. The [maximum authorized] AMOUNT OF THE
credit for each taxpayer shall [be determined as provided in] EQUAL THE
AMOUNT SHOWN ON THE CERTIFICATE OF TAX CREDIT, OR THE AMOUNTS SHOWN ON
SUCH CERTIFICATES, ISSUED TO SUCH TAXPAYER PURSUANT TO section seven
thousand seven hundred twelve of the insurance law. WITH RESPECT TO
EACH SUCH CERTIFICATE, THE AMOUNT OF THE CREDIT MUST BE CLAIMED IN THE
TAXABLE YEAR THAT BEGINS IN THE CALENDAR YEAR THAT SUCH CERTIFICATE IS
ISSUED.
[(2) Thirty-three and one-third per centum of the maximum authorized
credit for the second calendar year preceding the taxable year, plus any
amount carried forward under subparagraph (C) of paragraph three of this
subdivision or paragraph four of this subdivision, shall be allowed as a
credit under this subdivision for such taxable year, and thirty-three
and one third per centum of such maximum authorized credit for such
second preceding calendar year, plus any amount carried forward under
subparagraph (C) of this subdivision or paragraph four of this subdivi-
S. 8308 128 A. 8808
sion, shall be allowed in each of the two taxable years following such
taxable year.]
(3) [(A) For each calendar year for which a credit has been authorized
pursuant to section seven thousand seven hundred twelve of the insurance
law, the commissioner of taxation and finance shall determine the total
tax liability of all life insurance corporations under this article,
other than under section fifteen hundred five-a of this article, before
the application of any credits allowed pursuant to this section, for
taxable years beginning in such calendar year. Such total tax liability
shall be published in the state register on or before the thirtieth day
of September of the next succeeding calendar year.
(B) The credit allowed under paragraph two of this subdivision for
each taxpayer shall not exceed the product of (x) and (y) where (x) is a
fraction, the numerator of which is the sum of the gross assessments
paid by the particular taxpayer during the calendar year for which the
credit has been authorized and the denominator of which is the sum of
the gross assessments paid by all companies during such year, both as
shown in the most recent statement of operations furnished by the super-
intendent of financial services under subsection (a) of section seven
thousand seven hundred twelve of the insurance law and both the numera-
tor and denominator being reduced, as appropriate, by any refunds or
reimbursements and (y) is the greater of (i) forty per centum of the
total tax liability published by the commissioner pursuant to subpara-
graph (A) of this paragraph and (ii) forty million dollars.
(C) The amount by which the allowable credit computed without refer-
ence to the limitation contained in subparagraph (B) of this paragraph
exceeds the allowable credit for such taxable year shall be carried
forward as a credit under paragraph two of this subdivision.
(D) With respect to estimated taxes payable under section fifteen
hundred fourteen of this article any increase in estimated taxes due to
the limitation imposed by this paragraph shall be deemed timely paid if
paid on or before the fifteenth day of December next following the date
specified in subparagraph (A) of this paragraph.] CARRYOVER. THE CREDIT
ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE
TAX DUE FOR SUCH YEAR TO LESS THAN THE MINIMUM FIXED BY PARAGRAPH FOUR
OF SUBDIVISION (A) OF SECTION FIFTEEN HUNDRED TWO OF THIS ARTICLE OR
SECTION FIFTEEN HUNDRED TWO-A OF THIS ARTICLE, WHICHEVER IS APPLICABLE.
HOWEVER, IF THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBDIVISION FOR
ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT
NOT DEDUCTIBLE IN SUCH TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOWING
YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR
OR YEARS.
(4) [If for any taxable year the credits allowable under paragraph two
of this subdivision determined without regard to this paragraph exceed
the taxpayer's liability for taxes under this article for the taxable
year after the allowance of all other credits under this section, then
the sum of two hundred fifty dollars and the amount by which such cred-
its under this subdivision exceed such tax liability shall be carried
forward as a credit under paragraph two of this subdivision for the
taxable year next following.] ELIGIBILITY. TO BE ELIGIBLE FOR THE CRED-
IT, THE TAXPAYER SHALL HAVE BEEN ISSUED A CERTIFICATE, OR CERTIFICATES,
OF TAX CREDIT BY THE DEPARTMENT OF FINANCIAL SERVICES PURSUANT TO
SECTION SEVEN THOUSAND SEVEN HUNDRED TWELVE OF THE INSURANCE LAW, EACH
OF WHICH CERTIFICATES SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT MAY
BE CLAIMED AND THE CERTIFICATE DATE. A TAXPAYER THAT IS A PARTNER IN A
PARTNERSHIP, MEMBER OF A LIMITED LIABILITY COMPANY OR SHAREHOLDER IN A
S. 8308 129 A. 8808
SUBCHAPTER S CORPORATION THAT HAS RECEIVED A CERTIFICATE, OR CERTIF-
ICATES, OF TAX CREDIT SHALL BE ALLOWED ITS PRO RATA SHARE OF THE CREDIT
EARNED BY THE PARTNERSHIP, LIMITED LIABILITY COMPANY OR SUBCHAPTER S
CORPORATION.
(5) [No credit allowed pursuant to this subdivision shall reduce the
tax payable by any taxpayer under this article for any taxable year to
an amount less than the minimum tax fixed by paragraph four of subdivi-
sion (a) of section fifteen hundred two of this article or section
fifteen hundred two-a of this article, whichever is applicable.] TAX
RETURN REQUIREMENT. THE TAXPAYER IS REQUIRED TO INCLUDE WITH ITS TAX
RETURN IN THE FORM PRESCRIBED BY THE COMMISSIONER, PROOF OF RECEIPT OF
ITS CERTIFICATE, OR CERTIFICATES, OF TAX CREDIT ISSUED BY THE DEPARTMENT
OF FINANCIAL SERVICES.
(6) INFORMATION SHARING. NOTWITHSTANDING ANY PROVISION OF THIS CHAP-
TER, EMPLOYEES OF THE DEPARTMENT OF FINANCIAL SERVICES AND THE DEPART-
MENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE:
(A) INFORMATION REGARDING THE CREDIT ALLOWED OR CLAIMED PURSUANT TO
THIS SUBDIVISION AND TAXPAYERS THAT ARE CLAIMING THE CREDIT; AND
(B) INFORMATION CONTAINED IN OR DERIVED FROM CREDIT CLAIM FORMS
SUBMITTED TO THE DEPARTMENT. ALL INFORMATION EXCHANGED BETWEEN THE
DEPARTMENT OF FINANCIAL SERVICES AND THE DEPARTMENT SHALL NOT BE SUBJECT
TO PUBLIC DISCLOSURE OR INSPECTION UNDER ARTICLE SIX OF THE PUBLIC OFFI-
CERS LAW.
(7) CREDIT RECAPTURE. IF A CERTIFICATE OF TAX CREDIT ISSUED BY THE
DEPARTMENT OF FINANCIAL SERVICES UNDER SECTION SEVEN THOUSAND SEVEN
HUNDRED TWELVE OF THE INSURANCE LAW IS REVOKED BY SUCH DEPARTMENT, THE
AMOUNT OF CREDIT DESCRIBED IN THIS SUBDIVISION AND CLAIMED BY THE
TAXPAYER PRIOR TO SUCH REVOCATION SHALL BE ADDED BACK TO TAX IN THE
TAXABLE YEAR IN WHICH ANY SUCH REVOCATION BECOMES FINAL. IF AN AMOUNT OF
CREDIT ON ANY SUCH CERTIFICATE OF TAX CREDIT IS MODIFIED BY THE DEPART-
MENT OF FINANCIAL SERVICES, THE DIFFERENCE BETWEEN THE AMOUNT OF CREDIT
DESCRIBED IN THIS SUBDIVISION AND CLAIMED BY THE TAXPAYER PRIOR TO SUCH
MODIFICATION AND THE MODIFIED AMOUNT SHALL BE ADDED BACK TO TAX IN THE
TAXABLE YEAR IN WHICH ANY SUCH MODIFICATION BECOMES FINAL.
(8) NET ASSESSMENTS. NO AMOUNT OF ANY NET ASSESSMENTS PAID BY SUCH
TAXPAYER INCLUDED AS THE BASIS FOR THE CALCULATION OF THE AMOUNT SHOWN
ON ANY SUCH CERTIFICATE SHALL BE THE BASIS FOR ANY OTHER TAX CREDIT
UNDER THIS CHAPTER.
§ 7. Notwithstanding the provisions of sections one through six of
this act, in 2024, for the calendar year 2023, the superintendent of
financial services shall furnish the statement of operations for the
life insurance guaranty corporation and the life and health insurance
company guaranty corporation of New York as provided in subsection (a)
of section 7712 of the insurance law, as such provision of law was in
effect immediately prior to the effective date of this act.
§ 8. Notwithstanding the provisions of sections one through seven of
this act, an insurance company allowed a tax credit pursuant to section
7712 of the insurance law and subdivision (f) of section 1511 of the tax
law, as such provisions of law were in effect immediately prior to the
effective date of this act, shall continue to be allowed the credit
relating to life insurance guaranty corporation assessments under such
subdivision (f), for assessments paid on or before December 31, 2023, as
follows:
(i) any amount of such credit that has not been claimed in a taxable
year beginning before January 1, 2024 shall be allowed as a credit
against the tax imposed pursuant to article 33 of the tax law, other
S. 8308 130 A. 8808
than section 1505-a of such article, in the taxable year beginning on or
after such date; and
(ii) any amount of credit allowed pursuant to the previous paragraph
shall be subject to the carryover provision of paragraph 3 of subdivi-
sion (f) of section 1511 of the tax law, as such subdivision has been
amended by section six of this act.
§ 9. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2024.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through LL of this act shall be
as specifically set forth in the last section of such Parts.
2023-S8308A - Details
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2023-S8308A - Summary
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2024-2025 state fiscal year; extends the effectiveness of certain provisions relating to the financing of mass transportation by certain municipal corporations (Part A); provides for mass transportation payments to the Capital District Transportation District; adds Warren county to such district (Part E)
2023-S8308A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 8308--A A. 8808--A
S E N A T E - A S S E M B L Y
January 17, 2024
___________
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 part PP of chapter 54 of the laws of 2016 amending the
public authorities law and the general municipal law relating to the
New York transit authority and the metropolitan transportation author-
ity, in relation to extending provisions of law relating to certain
tax increment financing provisions (Part A); to amend the public
authorities law, in relation to implementing blue ribbon panel recom-
mendations regarding fare and toll evasion (Part B); to amend the
penal law, in relation to including the intentional use of any toll
highway, parkway, road, bridge or tunnel or any entry into or remain-
ing in a tolled central business district without payment of the
lawful toll or charge as a theft of service; to amend the vehicle and
traffic law, in relation to obstructed or obscured license plates and
the penalty imposed upon the operator of a vehicle with an inten-
tionally altered or obscured license plate while on a toll highway,
bridge or tunnel or in a tolled central business district; to amend
the vehicle and traffic law, in relation to authorizing law enforce-
ment to confiscate license plate coverings; to amend the vehicle and
traffic law, in relation to allowing the commissioner of motor vehi-
cles to restrict registration transactions for vehicles with suspended
or pending suspended registrations for failure to pay tolls unless
sold to a bona fide purchaser; to amend the vehicle and traffic law,
in relation to authorizing vehicle registration suspension for failure
to comply with the removal of materials or substances altering or
obscuring a license plate; and to amend the public authorities law in
relation to authorizing public authorities with bridges, tunnels or
highways under their jurisdiction to enter judgments for unpaid
liabilities for a violation of toll collection regulations and enforce
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12673-02-4
S. 8308--A 2 A. 8808--A
such judgments without court proceedings (Part C); to amend the vehi-
cle and traffic law and the public authorities law, in relation to
deterring fraud in connection with any eligibility process for or use
of toll credits, discounts, or exemptions related to any entry into or
remaining in the tolled central business district or any Triborough
bridge and tunnel authority toll bridge or tunnel (Part D); to amend
part I of chapter 413 of the laws of 1999, relating to providing for
mass transportation payments, in relation to the amount of payments
in the Capital District Transportation District and adding Warren
County to such District (Part E); to amend chapter 751 of the laws of
2005, amending the insurance law and the vehicle and traffic law
relating to establishing the accident prevention course internet tech-
nology pilot program, in relation to the effectiveness thereof (Part
F); to amend part U1 of chapter 62 of the laws of 2003, amending the
vehicle and traffic law and other laws relating to increasing certain
motor vehicle transaction fees, in relation to the effectiveness ther-
eof; and to amend part B of chapter 84 of the laws of 2002, amending
the state finance law relating to the costs of the department of motor
vehicles, in relation to the effectiveness thereof (Part G); to amend
the vehicle and traffic law, in relation to establishing an online
insurance verification system for motor vehicle insurance; and to
repeal certain provisions of such law relating to motor vehicle insur-
ance and funds for a certain pilot database system (Part H); to amend
the vehicle and traffic law, in relation to establishing speed limits
in cities with populations in excess of one million people (Part I);
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 effectiveness thereof (Part J); to amend the transportation law
and the vehicle and traffic law, in relation to enacting the stretch
limousine passenger safety act; and providing for the repeal of
certain provisions upon expiration thereof (Part K); to amend the
executive law, the criminal procedure law, the retirement and social
security law and the tax law, in relation to creating the Waterfront
Commission Act; and to repeal chapter 882 of the laws of 1953 relat-
ing to waterfront employment and air freight industry regulation
(Part L); to amend part DDD of chapter 55 of the laws of 2021 amending
the public authorities law relating to the clean energy resources
development and incentives program, in relation to the effectiveness
thereof (Part M); in relation to authorizing the New York state energy
research and development authority to finance a portion of its
research, development and demonstration, policy and planning, and Fuel
NY program, as well as climate change related expenses of the depart-
ment of environmental conservation from an assessment on gas and elec-
tric corporations (Part N); to amend the public service law, the
eminent domain procedure law, the energy law, the environmental
conservation law, the public authorities law, and the education law,
in relation to transferring the functions of the office of renewable
energy siting to the department of public service and accelerating the
permitting of electric utility transmission facilities; and to repeal
certain provisions of the executive law and the public service law
relating thereto (Part O); to amend the public service law and the
transportation corporations law, in relation to aligning utility regu-
lation with state greenhouse gas emission reduction targets; and to
repeal section 66-b of the public service law relating to continuation
of gas service (Part P); to authorize utility and cable television
assessments that provide funds to the department of health from cable
S. 8308--A 3 A. 8808--A
television assessment revenues and to the department of agriculture
and markets, department of environmental conservation, department of
state, and the office of parks, recreation and historic preservation
from utility assessment revenues; and providing for the repeal of such
provisions upon expiration thereof (Part Q); to amend the agriculture
and markets law, in relation to application fees for the licensing of
weighmasters (Part R); to amend the environmental conservation law, in
relation to authorizing state assistance payments toward climate smart
community projects of up to eighty percent to municipalities that meet
criteria relating to financial hardship or disadvantaged communities
(Part S); to amend the environmental conservation law, in relation to
air quality control program fees; and to repeal certain provisions of
the environmental conservation law and the state finance law relating
thereto (Part T); to amend the public authorities law and the facili-
ties development corporation act, in relation to authorizing the
dormitory authority to provide additional services to state agencies
and local governments for certain projects (Part U); to amend chapter
584 of the laws of 2011, amending the public authorities law relating
to the powers and duties of the dormitory authority of the state of
New York relative to the establishment of subsidiaries for certain
purposes, in relation to the effectiveness thereof (Part V); to amend
the public authorities law, in relation to the Battery Park city
authority (Part W); to amend the economic development law, in relation
to increasing the cap on grants to entrepreneurship assistance centers
(Part X); to amend chapter 261 of the laws of 1988, amending the state
finance law and other laws relating to the New York state infrastruc-
ture trust fund, in relation to the effectiveness thereof (Part Y);
to amend the New York state urban development corporation act,
in relation to extending the authority of the New York state urban
development corporation to administer the empire state economic devel-
opment fund (Part Z); to amend chapter 393 of the laws of 1994, amend-
ing 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 AA); to amend chap-
ter 495 of the laws of 2004, amending the insurance law and the public
health law relating to the New York state health insurance continua-
tion assistance demonstration project, in relation to the effective-
ness thereof (Part BB); to amend the banking law, in relation to the
regulation of buy-now-pay-later lenders (Part CC); to amend the insur-
ance law, in relation to supplemental spousal liability insurance
(Part DD); to amend the insurance law, in relation to cost sharing
for covered prescription insulin drugs (Part EE); to amend the insur-
ance law, in relation to affordable housing (Part FF); to amend the
general business law, in relation to prohibiting the sale of batteries
for micromobility devices (Part GG); to amend the insurance law, in
relation to certain penalties (Part HH); to amend the general business
law, the banking law, and the social services law, in relation to
protecting eligible adults from financial exploitation (Part II); to
amend the general business law, in relation to enacting the "Consumer
Protection Act" (Part JJ); to amend chapter 56 of the laws of 2022
amending the public officers law relating to permitting videoconfer-
encing and remote participation in public meetings under certain
circumstances, in relation to extending the provisions thereof (Part
KK); to amend the insurance law, in relation to reinsurance, distrib-
ution for life insurers, and assessments; and to amend the tax law, in
relation to the credit relating to life and health insurance guaranty
S. 8308--A 4 A. 8808--A
corporation assessments (Part LL); to amend the civil rights law,
in relation to privacy rights involving digitization (Subpart A); to
amend the penal law, in relation to defining the crime of unlawful
dissemination or publication of a fabricated photographic, videograph-
ic, or audio record, and updating the definition of certain crimes to
include digitization (Subpart B); and to amend the election law, in
relation to digitization in political communications (Subpart C)(Part
MM); and to amend the insurance law, in relation to rates for
livery insurance (Part NN);
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
necessary to implement the state transportation, economic development
and environmental conservation budget for the 2024-2025 state fiscal
year. Each component is wholly contained within a Part identified as
Parts A through NN. The effective date for each particular provision
contained within such Part is set forth in the last section of such
Part. Any provision in any section contained within a Part, including
the effective date of the Part, which makes a reference to a section "of
this act", when used in connection with that particular component, shall
be deemed to mean and refer to the corresponding section of the Part in
which it is found. Section three of this act sets forth the general
effective date of this act.
PART A
Section 1. Section 3 of part PP of chapter 54 of the laws of 2016
amending the public authorities law and the general municipal law relat-
ing to the New York transit authority and the metropolitan transporta-
tion authority, as amended by section 1 of part C of chapter 58 of the
laws of 2023, is amended to read as follows:
§ 3. This act shall take effect immediately; provided that the amend-
ments to subdivision 1 of section 119-r of the general municipal law
made by section two of this act shall expire and be deemed repealed
April 1, [2024] 2034, and provided further that such repeal shall not
affect the validity or duration of any contract entered into before that
date pursuant to paragraph f of such subdivision.
§ 2. This act shall take effect immediately.
PART B
Section 1. Subdivision 5-a of section 1204 of the public authorities
law, as amended by chapter 931 of the laws of 1984, is amended to read
as follows:
5-a. To make, amend and repeal rules governing the conduct and safety
of the public as it may deem necessary, convenient or desirable for the
use and operation of the transit facilities under its jurisdiction,
including without limitation rules relating to the protection or mainte-
nance of such facilities, the conduct and safety of the public, the
payment of fares or other lawful charges for the use of such facilities,
the presentation or display of documentation permitting free passage,
reduced fare passage or full fare passage on such facilities and the
protection of the revenue of the authority. Violations of such rules
S. 8308--A 5 A. 8808--A
shall be an offense punishable by a fine of not exceeding twenty-five
dollars or by imprisonment for not longer than ten days, or both, or may
be punishable by the imposition by the transit adjudication bureau
established pursuant to the provisions of this title of a civil penalty
in an amount for each violation not to exceed [one] TWO hundred dollars
(exclusive of SUPPLEMENTAL PENALTIES, interest or costs assessed there-
on), in accordance with a schedule of such penalties as may from time to
time be established by rules of the authority. IF A VIOLATION OF THE
RULES OF THE AUTHORITY RELATING TO THE PAYMENT OF FARES IS THE FIRST
SUCH VIOLATION BY AN INDIVIDUAL, THE VIOLATION MAY BE PUNISHABLE BY AN
OFFICIAL WRITTEN WARNING ISSUED ACCORDING TO AND GOVERNED BY THE RULES
OF THE AUTHORITY IN ALL RESPECTS, PROVIDED THAT SUCH A WARNING ISSUED TO
AN INDIVIDUAL SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN AS A PREDI-
CATE TO THE IMPOSITION BY THE TRANSIT ADJUDICATION BUREAU OF A CIVIL
PENALTY ON SUCH INDIVIDUAL PURSUANT TO THIS SUBDIVISION IN THE EVENT OF
A SUBSEQUENT VIOLATION. Such schedule of penalties may provide for the
imposition of [additional] SUPPLEMENTAL penalties, not to exceed a total
of fifty dollars for each violation, upon the failure of a respondent in
any proceeding commenced with respect to any such violation to make
timely response to or appearance in connection with a notice of
violation of such rule or to any subsequent notice or order issued by
the authority in such proceeding. There shall be no penalty or increment
in fine by virtue of a respondent's timely exercise of his right to a
hearing or appeal. The rules may provide, in addition to any other sanc-
tions, for the confiscation of tokens, tickets, cards or other fare
media that have been forged, counterfeit, improperly altered or trans-
ferred, or otherwise used in a manner inconsistent with such rules.
§ 2. Subdivisions 2, 3, 4, 5, 6, 7 and 10 of section 1209-a of the
public authorities law, subdivisions 2, 4, 5, 6, 7 and 10 as amended by
chapter 379 of the laws of 1992, subdivision 3 and paragraphs b and i of
subdivision 4 as amended by chapter 460 of the laws of 2015, are amended
to read as follows:
2. Hearing officers. The president of the authority shall appoint
hearing officers who shall preside at hearings for the adjudication of
charges of transit OR RAILROAD infractions, as hereinafter defined and
the adjudication of allegations of liability for violations of the rules
and regulations of the triborough bridge and tunnel authority in accord-
ance with section two thousand nine hundred eighty-five of this chapter,
and who, as provided below, may be designated to serve on the appeals
board of the bureau. Every hearing officer shall have been admitted to
the practice of law in this state for a period of at least three years,
and shall be compensated for his OR HER services on a per diem basis
determined by the bureau.
3. Jurisdiction. The bureau shall have, with respect to acts or inci-
dents in or on the transit OR RAILROAD facilities of the authority OR
THE METROPOLITAN TRANSPORTATION AUTHORITY OR A SUBSIDIARY THEREOF
committed by or involving persons who are sixteen years of age or over,
[or with respect to acts or incidents occurring on omnibuses owned or
operated by the metropolitan transportation authority or a subsidiary
thereof,] and with respect to violation of toll collection regulations
of the triborough bridge and tunnel authority as described in section
twenty-nine hundred eighty-five of this chapter, non-exclusive jurisdic-
tion over violations of: (a) the rules which may from time to time be
established by the authority under subdivision five-a of section twelve
hundred four of this chapter; (b) article one hundred thirty-nine of the
health code of the city of New York, as it may be amended from time to
S. 8308--A 6 A. 8808--A
time, relating to public transportation facilities; (c) article four of
the noise control code of the city of New York, as it may be amended
from time to time, insofar as it pertains to sound reproduction devices;
(d) the rules and regulations which may from time to time be established
by the triborough bridge and tunnel authority in accordance with the
provisions of section twenty-nine hundred eighty-five of this chapter;
and (e) rules and regulations which may from time to time be established
by the metropolitan transportation authority or a subsidiary thereof in
accordance with the provisions of section twelve hundred sixty-six of
this chapter. Matters within the jurisdiction of the bureau except
violations of the rules and regulations of the triborough bridge and
tunnel authority shall be known for purposes of this section as transit
OR RAILROAD infractions, AS APPLICABLE. Nothing herein shall be
construed to divest jurisdiction from any court now having jurisdiction
over any criminal charge or traffic infraction relating to any act
committed in a transit or toll facility, or to impair the ability of a
police officer to conduct a lawful search of a person in a transit OR
RAILROAD facility. The criminal court of the city of New York shall
continue to have jurisdiction over any criminal charge or traffic
infraction brought for violation of the rules of the authority, the
triborough bridge and tunnel authority or the metropolitan transporta-
tion authority or a subsidiary thereof, as well as jurisdiction relating
to any act which may constitute a crime or an offense under any law of
the state of New York or any municipality or political subdivision ther-
eof and which may also constitute a violation of such rules. The bureau
shall have concurrent jurisdiction with the environmental control board
and the administrative tribunal of the department of health over the
aforesaid provisions of the health code and noise control code of the
city of New York.
4. General powers. The bureau shall have the following functions,
powers and duties:
a. To accept pleas (whether made in person or by mail) to, and to hear
and determine, charges of transit AND RAILROAD infractions and allega-
tions of civil liability pursuant to section two thousand nine hundred
eighty-five of this chapter within its jurisdiction;
b. To impose civil penalties not to exceed a total of [one] TWO
hundred [fifty] dollars for any transit OR RAILROAD infraction within
its jurisdiction, in accordance with a penalty schedule established by
the authority or the metropolitan transportation authority or a subsid-
iary thereof, as applicable[, except that] (EXCLUSIVE OF SUPPLEMENTAL
PENALTIES, INTEREST OR COSTS ASSESSED THEREON). IF A VIOLATION OF THE
RULES OF THE AUTHORITY OR THE METROPOLITAN TRANSPORTATION AUTHORITY OR A
SUBSIDIARY RELATING TO THE PAYMENT OF FARES IS THE FIRST SUCH VIOLATION
BY AN INDIVIDUAL, THE VIOLATION MAY BE PUNISHABLE BY AN OFFICIAL WRITTEN
WARNING ISSUED ACCORDING TO AND GOVERNED BY THE RULES OF THE AUTHORITY
OR THE METROPOLITAN TRANSPORTATION AUTHORITY OR A SUBSIDIARY THEREOF IN
ALL RESPECTS, PROVIDED THAT THE PURPOSE, EFFECT AND DISSEMINATION OF
RECORDS OF SUCH WARNINGS SHALL BE LIMITED AS SET FORTH IN SUBDIVISION
FIVE-A OF SECTION TWELVE HUNDRED FOUR OF THIS TITLE AND SUBDIVISION FOUR
OF SECTION TWELVE HUNDRED SIXTY-SIX OF THIS ARTICLE. SUCH SCHEDULE OF
PENALTIES MAY PROVIDE FOR THE IMPOSITION OF SUPPLEMENTAL PENALTIES, NOT
TO EXCEED A TOTAL OF FIFTY DOLLARS FOR EACH VIOLATION, UPON THE FAILURE
OF A RESPONDENT IN ANY PROCEEDING COMMENCED WITH RESPECT TO ANY SUCH
INFRACTION TO MAKE TIMELY RESPONSE TO OR APPEARANCE IN CONNECTION WITH A
NOTICE OF VIOLATION OF SUCH RULE OR TO ANY SUBSEQUENT NOTICE OR ORDER
ISSUED BY THE AUTHORITY OR THE METROPOLITAN TRANSPORTATION AUTHORITY OR
S. 8308--A 7 A. 8808--A
A SUBSIDIARY THEREOF IN SUCH PROCEEDING. NOTWITHSTANDING THE FOREGOING,
penalties for violations of the health code of the city of New York
shall be in accordance with the penalties established for such
violations by the board of health of the city of New York, and penalties
for violations of the noise code of the city of New York shall be in
accordance with the penalties established for such violations by law,
and civil penalties for violations of the rules and regulations of the
triborough bridge and tunnel authority shall be in accordance with the
penalties established for such violations by section twenty-nine hundred
eighty-five of this chapter;
c. In its sole discretion, to suspend or forgive penalties or any
portion of penalties imposed on the condition that the respondent volun-
tarily agrees to perform and actually does satisfactorily perform unpaid
services on transit OR RAILROAD facilities as assigned by the authority,
such as, without limitation, cleaning of rolling stock;
d. To adopt, amend and rescind rules and regulations not inconsistent
with any applicable provision of law to carry out the purposes of this
section, including but not limited to rules and regulations prescribing
the internal procedures and organization of the bureau, the manner and
time of entering pleas, the conduct of hearings, and the amount and
manner of payment of penalties;
e. To enter judgments and enforce them, without court proceedings, in
the same manner as the enforcement of money judgments in civil actions,
as provided below;
f. To compile and maintain complete and accurate records relating to
all WARNINGS, charges and dispositions, which records shall be deemed
exempt from disclosure under the freedom of information law as records
compiled for law enforcement purposes, AND PROVIDED THAT, IN THE ABSENCE
OF AN ADDITIONAL VIOLATION, RECORDS OF A WARNING ISSUED TO AN INDIVIDUAL
AS DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE SEALED OR
EXPUNGED AS OF THE DATE THAT IS FIVE YEARS AFTER THE DATE THAT SUCH
WARNING WAS ISSUED;
g. To apply to a court of competent jurisdiction for enforcement of
any decision or order issued by such bureau or of any subpoena issued by
a hearing officer as provided in paragraph d of subdivision seven of
this section;
h. To enter into contracts with other government agencies, with
private organizations, or with individuals to undertake on its behalf
such functions as data processing, debt collections, mailing, and gener-
al administration, as the executive director deems appropriate, except
that the conduct by hearing officers of hearings and of appeals may not
be performed by outside contractors;
i. To accept payment of penalties and to remit same to the authority
or the metropolitan transportation authority or a subsidiary thereof, as
applicable; [and]
j. To adjudicate the liability of motor vehicle owners for violations
of rules and regulations established in accordance with the provisions
of section two thousand nine hundred eighty-five of this chapter[.];
K. IN ITS SOLE DISCRETION, TO FORGIVE PENALTIES OR ANY PORTION OF
PENALTIES IMPOSED ON A RESPONDENT FOR A VIOLATION OF THE RULES OF THE
AUTHORITY OR OF A METROPOLITAN TRANSPORTATION AUTHORITY BUS RELATING TO
THE PAYMENT OF FARES ON THE CONDITION THAT THE RESPONDENT ENROLLS IN THE
FAIR FARES PROGRAM ADMINISTERED BY THE CITY OF NEW YORK AND PROVIDES
PROOF OF SUCH ENROLLMENT; AND
L. IN ITS SOLE DISCRETION, TO ISSUE A FARECARD TO A RESPONDENT FOR USE
ON TRANSIT FACILITIES IN AN AMOUNT NOT TO EXCEED ONE-HALF OF THE PENALTY
S. 8308--A 8 A. 8808--A
AMOUNT IF THE PENALTY WAS IMPOSED ON THE RESPONDENT FOR A VIOLATION OF
THE RULES OF THE AUTHORITY OR A METROPOLITAN TRANSPORTATION AUTHORITY
BUS RELATING TO THE PAYMENT OF FARES AND THE VIOLATION IS THE SECOND
SUCH VIOLATION BY THE RESPONDENT, PROVIDED THAT THE RESPONDENT SHALL
HAVE PAID THE PENALTY IN FULL BY THE DATE DUE FOR SUCH PAYMENT.
5. Notices of violation. The bureau shall prepare and distribute
notices of violation in blank to the transit police and any other person
empowered by law, rule and regulation to serve such notices. The form
and wording of the notice of violation shall be prescribed by the execu-
tive director, and it may be the same as any other notice of violation
or summons form already in use if said form meets the requirements here-
of. The notice of violation may include provisions to record information
which will facilitate the identification and location of respondents,
including but not limited to name, address, telephone numbers, date of
birth, social security number if otherwise permitted by law, place of
employment or school, and name and address of parents or guardian if a
minor. Notices of violation shall be issued only to persons who are
sixteen years of age or over, and shall be served by delivering the
notice within the state to the person to be served. A copy of each
notice of violation served hereunder shall be filed and retained by said
bureau, and shall be deemed a record kept in the ordinary course of
business, and, if sworn to or affirmed, shall be prima facie evidence of
the facts contained therein. Said notice of violation shall contain
information advising the person charged of the manner and the time with-
in which such person may either admit or deny the offense charged in the
notice. Such notice of violation shall also contain a warning to advise
the person charged that failure to plead in the manner and within the
time stated in the notice may result in a default decision and order
being entered against such person, and the imposition of supplemental
penalties as provided in subdivision five-a of section twelve hundred
four OR SUBDIVISION FOUR OF SECTION TWELVE HUNDRED SIXTY-SIX of this
chapter. A notice of violation shall not be deemed to be a notice of
liability issued pursuant to section two thousand nine hundred eighty-
five of this chapter.
6. Defaults. Where a respondent has failed to plead to a notice of
violation or to a notice of liability issued pursuant to section two
thousand nine hundred eighty-five of this chapter within the time
allowed by the rules of said bureau or has failed to appear on a desig-
nated hearing date or a subsequent date following an adjournment, such
failure to plead or appear shall be deemed, for all purposes, to be an
admission of liability and shall be grounds for rendering a default
decision and order imposing a penalty in such amount as may be
prescribed by the authority OR THE METROPOLITAN TRANSPORT AUTHORITY OR A
SUBSIDIARY THEREOF.
7. Hearings. a. (1) A person charged with a transit OR RAILROAD
infraction returnable to the bureau or a person alleged to be liable in
accordance with the provisions of section two thousand nine hundred
eighty-five of this chapter who contests such allegation shall be
advised of the date on or by which he or she must appear to answer the
charge at a hearing. Notification of such hearing date shall be given
either in the notice of violation or in a form, the content of which
shall be prescribed by the executive director or in a manner prescribed
in section two thousand nine hundred eighty-five of this chapter. Any
such notification shall contain a warning to advise the person charged
that failure to appear on or by the date designated, or any subsequent
rescheduled or adjourned date, shall be deemed for all purposes, an
S. 8308--A 9 A. 8808--A
admission of liability, and that a default judgment may be rendered and
penalties may be imposed. Where notification is given in a manner other
than in the notice of violation, the bureau shall deliver such notice to
the person charged, either personally or by registered or certified
mail.
(2) Whenever a person charged with a transit OR RAILROAD infraction or
alleged to be liable in accordance with the provisions of section two
thousand nine hundred eighty-five of this chapter returnable to the
bureau requests an alternate hearing date and is not then in default as
defined in subdivision six of this section, the bureau shall advise such
person personally, or by registered or certified mail, of the alternate
hearing date on or by which he or she must appear to answer the charge
or allegation at a hearing. The form and content of such notice of hear-
ing shall be prescribed by the executive director, and shall contain a
warning to advise the person charged or alleged to be liable that fail-
ure to appear on or by the alternate designated hearing date, or any
subsequent rescheduled or adjourned date, shall be deemed for all
purposes an admission of liability, and that a default judgment may be
rendered and penalties may be imposed.
(3) Whenever a person charged with a transit OR RAILROAD infraction or
alleged to be liable in accordance with the provisions of section two
thousand nine hundred eighty-five of this chapter returnable to the
bureau appears at a hearing and obtains an adjournment of the hearing
pursuant to the rules of the bureau, the bureau shall advise such person
personally, or by registered or certified mail, of the adjourned date on
which he or she must appear to answer the charge or allegation at a
continued hearing. The form and content of such notice of a continued
hearing shall be prescribed by the executive director, and shall contain
a warning to advise the person charged or alleged to be liable that
failure to appear on the adjourned hearing date shall be deemed for all
purposes an admission of liability, and that a default judgment may be
rendered and penalties may be imposed.
b. Every hearing for the adjudication of a charge of a transit OR
RAILROAD infraction or an allegation of liability under section two
thousand nine hundred eighty-five of this chapter hereunder shall be
held before a hearing officer in accordance with the rules and regu-
lations promulgated by the bureau.
c. The hearing officer shall not be bound by the rules of evidence in
the conduct of the hearing, except rules relating to privileged communi-
cations.
d. The hearing officer may, in his or her discretion, or at the
request of the person charged or alleged to be liable on a showing of
good cause and need therefor, issue subpoenas to compel the appearance
of any person to give testimony, and issue subpoenas duces tecum to
compel the production for examination or introduction into evidence of
any book, paper or other thing relevant to the charges.
e. In the case of a refusal to obey a subpoena, the bureau may make
application to the supreme court pursuant to section twenty-three
hundred eight of the civil practice law and rules, for an order requir-
ing such appearance, testimony or production of materials.
f. The bureau shall make and maintain a sound recording or other
record of every hearing.
g. After due consideration of the evidence and arguments, the hearing
officer shall determine whether the charges or allegations have been
established. No charge may be established except upon proof by clear and
convincing evidence except allegations of civil liability for violations
S. 8308--A 10 A. 8808--A
of triborough bridge and tunnel authority rules and regulations will be
established in accordance with the provisions of section two thousand
nine hundred eighty-five of this chapter. Where the charges have not
been established, an order dismissing the charges or allegations shall
be entered. Where a determination is made that a charge or allegation
has been established or if an answer admitting the charge or allegation
has been received, the hearing officer shall set a penalty in accordance
with the penalty schedule established by the authority OR THE METROPOL-
ITAN TRANSPORTATION AUTHORITY OR ITS SUBSIDIARIES, or for allegations of
civil liability in accordance with the provisions of section two thou-
sand nine hundred eighty-five of this chapter and an appropriate order
shall be entered in the records of the bureau. The respondent shall be
given notice of such entry in person or by certified mail. This order
shall constitute the final determination of the hearing officer, and for
purposes of review it shall be deemed to incorporate any intermediate
determinations made by said officer in the course of the proceeding.
When no appeal is filed this order shall be the final order of the
bureau.
10. Funds. All penalties collected pursuant to the provisions of this
section shall be paid to the authority to the credit of a transit crime
fund which the authority shall establish. Any sums in this fund shall be
used to pay for programs selected by the board of the METROPOLITAN
TRANSPORTATION authority, in its discretion, to reduce the incidence of
crimes and infractions on transit AND RAILROAD facilities, or to improve
the enforcement of laws against such crimes and infractions. Such funds
shall be in addition to and not in substitution for any funds provided
by the state or the city of New York for such purposes.
§ 3. Subdivision 4 of section 1266 of the public authorities law, as
amended by chapter 460 of the laws of 2015, is amended to read as
follows:
4. The authority may establish and, in the case of joint service
arrangements, join with others in the establishment of such schedules
and standards of operations and such other rules and regulations includ-
ing but not limited to rules and regulations governing the conduct and
safety of the public as it may deem necessary, convenient or desirable
for the use and operation of any transportation facility and related
services operated by the authority or under contract, lease or other
arrangement, including joint service arrangements, with the authority.
Such rules and regulations governing the conduct and safety of the
public shall be filed with the department of state in the manner
provided by section one hundred two of the executive law. In the case of
any conflict between any such rule or regulation of the authority
governing the conduct or the safety of the public and any local law,
ordinance, rule or regulation, such rule or regulation of the authority
shall prevail. Violation of any such rule or regulation of the authority
OR ANY OF ITS SUBSIDIARIES governing the conduct or the safety of the
public in or upon any facility of the authority OR ANY OF ITS SUBSID-
IARIES shall constitute an offense [and shall be] punishable by a fine
not exceeding fifty dollars or imprisonment for not more than thirty
days or both or may be punishable by the imposition of a civil penalty
by the transit adjudication bureau established pursuant to the
provisions of title nine of this article IN AN AMOUNT FOR EACH VIOLATION
NOT TO EXCEED TWO HUNDRED DOLLARS (EXCLUSIVE OF SUPPLEMENTAL PENALTIES,
INTEREST OR COSTS ASSESSED THEREON), IN ACCORDANCE WITH A SCHEDULE OF
SUCH PENALTIES AS MAY FROM TIME TO TIME BE ESTABLISHED BY RULES OF THE
AUTHORITY OR ITS SUBSIDIARIES. IF A VIOLATION OF RULES OF THE AUTHORITY
S. 8308--A 11 A. 8808--A
OR A SUBSIDIARY RELATING TO THE PAYMENT OF FARES IS THE FIRST SUCH
VIOLATION BY AN INDIVIDUAL, THE VIOLATION MAY BE PUNISHABLE BY AN OFFI-
CIAL WRITTEN WARNING ISSUED ACCORDING TO AND GOVERNED BY THE RULES OF
THE AUTHORITY OR A SUBSIDIARY IN ALL RESPECTS, PROVIDED THAT SUCH A
WARNING ISSUED TO AN INDIVIDUAL SHALL NOT BE USED FOR ANY PURPOSE OTHER
THAN AS A PREDICATE TO THE IMPOSITION BY THE TRANSIT ADJUDICATION BUREAU
OF A CIVIL PENALTY ON SUCH INDIVIDUAL PURSUANT TO THIS SUBDIVISION IN
THE EVENT OF A SUBSEQUENT VIOLATION. SUCH SCHEDULE OF PENALTIES MAY
PROVIDE FOR THE IMPOSITION OF SUPPLEMENTAL PENALTIES, NOT TO EXCEED A
TOTAL OF FIFTY DOLLARS FOR EACH VIOLATION, UPON THE FAILURE OF A
RESPONDENT IN ANY PROCEEDING COMMENCED WITH RESPECT TO ANY SUCH
VIOLATION TO MAKE TIMELY RESPONSE TO OR APPEARANCE IN CONNECTION WITH A
NOTICE OF VIOLATION OF SUCH RULE OR TO ANY SUBSEQUENT NOTICE OR ORDER
ISSUED BY THE AUTHORITY OR A SUBSIDIARY IN SUCH PROCEEDING. THERE SHALL
BE NO PENALTY OR INCREMENT IN FINE BY VIRTUE OF A RESPONDENT'S TIMELY
EXERCISE OF THEIR RIGHT TO A HEARING OR APPEAL. THE RULES MAY PROVIDE,
IN ADDITION TO ANY OTHER SANCTIONS, FOR THE CONFISCATION OF TOKENS,
TICKETS, CARDS OR OTHER FARE MEDIA THAT HAVE BEEN FORGED, COUNTERFEIT,
IMPROPERLY ALTERED OR TRANSFERRED, OR OTHERWISE USED IN A MANNER INCON-
SISTENT WITH SUCH RULES.
§ 4. This act shall take effect immediately.
PART C
Section 1. Subdivision 3 of section 165.15 of the penal law is amended
to read as follows:
3. With intent to obtain railroad, subway, bus, air, taxi or any other
public transportation service OR TO USE ANY TOLL HIGHWAY, PARKWAY, ROAD,
BRIDGE OR TUNNEL OR ENTER INTO OR REMAIN IN A TOLLED CENTRAL BUSINESS
DISTRICT without payment of the lawful charge OR TOLL therefor, or to
avoid payment of the lawful charge OR TOLL for such transportation
service which has been rendered to him OR HER OR FOR SUCH USE OF ANY
TOLL HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL OR FOR SUCH ENTRY INTO OR
REMAINING IN A TOLLED CENTRAL BUSINESS DISTRICT, he OR SHE obtains or
attempts to obtain such service OR TO USE ANY TOLL HIGHWAY, PARKWAY,
ROAD, BRIDGE OR TUNNEL OR ENTER INTO OR REMAIN IN A TOLLED CENTRAL BUSI-
NESS DISTRICT or avoids or attempts to avoid payment therefor by force,
intimidation, stealth, deception or mechanical tampering, or by unjusti-
fiable failure or refusal to pay; or
§ 2. Subdivision 1 of section 402 of the vehicle and traffic law is
amended by adding a new paragraph (c) to read as follows:
(C) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, IT SHALL
BE UNLAWFUL FOR ANY PERSON TO OPERATE, DRIVE OR PARK A MOTOR VEHICLE ON
A TOLL HIGHWAY, BRIDGE AND/OR TUNNEL FACILITY OR ENTER INTO OR REMAIN IN
THE TOLLED CENTRAL BUSINESS DISTRICT DESCRIBED IN SECTION SEVENTEEN
HUNDRED FOUR OF THIS CHAPTER, UNDER THE JURISDICTION OF THE TOLLING
AUTHORITY, IF SUCH NUMBER PLATES ARE COVERED BY GLASS OR ANY PLASTIC
MATERIAL, OR COVERED OR COATED WITH ANY ARTIFICIAL OR SYNTHETIC MATERIAL
OR SUBSTANCE THAT CONCEALS OR OBSCURES SUCH NUMBER PLATES OR THAT
DISTORTS A RECORDED OR PHOTOGRAPHIC IMAGE OF SUCH NUMBER PLATES. THE
VIEW OF SUCH NUMBER PLATES SHALL NOT BE OBSTRUCTED BY ANY PART OF THE
VEHICLE OR BY ANYTHING CARRIED THEREON, EXCEPT FOR A RECEIVER-TRANSMIT-
TER ISSUED BY A PUBLICLY OWNED TOLLING AUTHORITY IN CONNECTION WITH
ELECTRONIC TOLL COLLECTION WHEN SUCH RECEIVER-TRANSMITTER IS AFFIXED TO
THE EXTERIOR OF A VEHICLE IN ACCORDANCE WITH MOUNTING INSTRUCTIONS
PROVIDED BY THE TOLLING AUTHORITY. FOR PURPOSES OF THIS PARAGRAPH,
S. 8308--A 12 A. 8808--A
"TOLLING AUTHORITY" SHALL MEAN EVERY PUBLIC AUTHORITY WHICH OPERATES A
TOLL HIGHWAY, BRIDGE AND/OR TUNNEL OR A CENTRAL BUSINESS DISTRICT TOLL-
ING PROGRAM, AS WELL AS THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, A
BI-STATE AGENCY CREATED BY COMPACT SET FORTH IN CHAPTER ONE HUNDRED
FIFTY-FOUR OF THE LAWS OF NINETEEN HUNDRED TWENTY-ONE, AS AMENDED.
§ 3. Subdivision 7 of section 402 of the vehicle and traffic law, as
added by chapter 648 of the laws of 2006, is amended to read as follows:
7. It shall be unlawful for any person, firm, partnership, associ-
ation, limited liability company or corporation to sell, offer for sale
or distribute any:
(A) artificial or synthetic material or substance for the purpose of
application to a number plate that will, upon application to a number
plate, distort a recorded or photographic image of such number plate; OR
(B) PLATE COVER, MATERIAL OR DEVICE THAT WILL, UPON INSTALLATION ON,
NEAR OR AROUND A NUMBER PLATE, OBSTRUCT OR OBSCURE ALL OR ANY PART OF
THE IDENTIFICATION MATTER OF SUCH NUMBER PLATE.
§ 4. Subdivision 8 of section 402 of the vehicle and traffic law, as
amended by chapter 451 of the laws of 2021, is amended to read as
follows:
8. A violation of this section shall be punishable by a fine of not
less than twenty-five nor more than two hundred dollars, except that:
(A) a violation of subparagraph (ii) or subparagraph (iii) of para-
graph (b) of subdivision one of this section shall be punishable by a
fine of not less than fifty nor more than three hundred dollars; AND
(B) A VIOLATION OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION
SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED NOR MORE THAN
FIVE HUNDRED DOLLARS.
A POLICE OFFICER AS DEFINED IN SECTION ONE HUNDRED THIRTY-TWO OF THIS
CHAPTER ISSUING A NOTICE OF VIOLATION PURSUANT TO THIS SECTION SHALL BE
AUTHORIZED TO SEIZE AND CONFISCATE ANY COVERING AFFIXED OVER THE NUMBER
PLATES WHICH OBSCURES THE ABILITY TO EASILY READ SUCH NUMBER PLATES,
EXCEPT THAT IN THE EVENT OF SUCH SEIZURE AND CONFISCATION A VIOLATION OF
PARAGRAPH (B) OR (C) OF SUBDIVISION ONE OF THIS SECTION SHALL BE PUNISH-
ABLE BY A FINE OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS AND THE OWNER
OF THE VEHICLE TO WHOM SUCH NUMBER PLATES WERE ISSUED SHALL HAVE ONE
WEEK FROM THE DATE SUCH VIOLATION IS ISSUED TO REMOVE, IF NOT DONE BY A
POLICE OFFICER PURSUANT TO THIS SECTION, ANY ARTIFICIAL OR SYNTHETIC
MATERIAL OR SUBSTANCE THAT CONCEALS OR OBSCURES SUCH NUMBER PLATES OR TO
PURCHASE NEW NUMBER PLATES. WHERE A POLICE OFFICER SEIZES OR CONFISCATES
A COVERING AFFIXED TO A NUMBERED PLATE PURSUANT TO THIS SECTION, SUCH
SEIZURE SHALL BE RECORDED ON THE NOTICE OF VIOLATION.
§ 5. Subdivision 5-a of section 401 of the vehicle and traffic law is
amended by adding a new paragraph d to read as follows:
D. IT SHALL BE UNLAWFUL FOR ANY PERSON OTHER THAN A BONA FIDE PURCHAS-
ER OF THE VEHICLE IN AN ARMS-LENGTH TRANSACTION, AS DETERMINED IN
ACCORDANCE WITH THE PROCEDURE BELOW, TO REGISTER, REREGISTER, RENEW,
REPLACE OR TRANSFER THE REGISTRATION, CHANGE THE NAME, ADDRESS OR OTHER
INFORMATION OF THE REGISTERED OWNER, OR CHANGE THE REGISTRATION CLASSI-
FICATION OF ANY VEHICLE WHOSE VEHICLE IDENTIFICATION NUMBER IS ASSOCI-
ATED WITH A VEHICLE WHOSE REGISTRATION HAS BEEN SUSPENDED, OR IS SUBJECT
TO A PENDING REQUEST FROM A TOLLING AUTHORITY TO SUSPEND THE REGISTRA-
TION, UNDER PARAGRAPH D OF SUBDIVISION THREE OF SECTION FIVE HUNDRED TEN
OF THIS CHAPTER AND 15 NYCRR 127.14. THE COMMISSIONER OR THE COMMISSION-
ER'S AGENT MAY IMPOSE A VEHICLE IDENTIFICATION NUMBER BLOCK AND DENY THE
REGISTRATION, REREGISTRATION, RENEWAL, REPLACEMENT OR TRANSFER OF THE
REGISTRATION FOR SUCH VEHICLE AND VEHICLE IDENTIFICATION NUMBER UNTIL
S. 8308--A 13 A. 8808--A
THE TOLLING AUTHORITY ADVISES, IN SUCH FORM AND MANNER AS THE COMMIS-
SIONER SHALL PRESCRIBE, THAT NOTICES OF VIOLATION HAVE BEEN RESPONDED TO
AND ANY UNPAID TOLLS, FEES OR OTHER CHARGES ASSOCIATED WITH THE VEHICLE
AND THE VEHICLE IDENTIFICATION NUMBER HAVE BEEN PAID TO THE TOLLING
AUTHORITY. WHERE AN APPLICATION IS DENIED PURSUANT TO THIS PARAGRAPH,
THE COMMISSIONER MAY, IN THE COMMISSIONER'S DISCRETION, DENY A REGISTRA-
TION, REREGISTRATION, RENEWAL, REPLACEMENT OR TRANSFER OF THE REGISTRA-
TION FOR ANY OTHER MOTOR VEHICLE REGISTERED IN THE NAME OF THE APPLICANT
WHERE THE COMMISSIONER HAS DETERMINED THAT SUCH REGISTRANT'S INTENT HAS
BEEN TO EVADE THE PURPOSES OF THIS PARAGRAPH AND WHERE THE COMMISSIONER
HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH REGISTRATION, REREGISTRA-
TION, RENEWAL, REPLACEMENT OR TRANSFER OF REGISTRATION WILL HAVE THE
EFFECT OF DEFEATING THE PURPOSES OF THIS PARAGRAPH. SUCH VEHICLE IDEN-
TIFICATION NUMBER BLOCK AND DENIAL SHALL ONLY REMAIN IN EFFECT UNTIL THE
TOLLING AUTHORITY ADVISES, IN SUCH FORM AND MANNER AS THE COMMISSIONER
SHALL PRESCRIBE, THAT NOTICES OF VIOLATION HAVE BEEN RESPONDED TO AND
ANY UNPAID TOLLS, FEES OR OTHER CHARGES ASSOCIATED WITH THE VEHICLE AND
THE VEHICLE IDENTIFICATION NUMBER HAVE BEEN PAID TO THE TOLLING AUTHORI-
TY. A BONA FIDE PURCHASER IN AN ARMS-LENGTH TRANSACTION, FOR PURPOSES
OF THIS PARAGRAPH, IS A VEHICLE REGISTRATION APPLICANT WHO PROVIDES A
COPY OF THE SIGNED BILL OF SALE OR OTHER SUCH CONTRACT DOCUMENT COVERING
SUCH VEHICLE TO THE COMMISSIONER OR THE COMMISSIONER'S AGENT, WITH THE
NAME AND ADDRESS OF THE SELLER AND PURCHASER, THE PURCHASE DATE, AND THE
PURCHASE PRICE, CLEARLY LEGIBLE. WHERE THE VEHICLE REGISTRATION APPLI-
CANT COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH, THAT APPLICANT
SHALL BE DEEMED TO BE THE BONA FIDE PURCHASER OF SUCH VEHICLE IN AN
ARMS-LENGTH TRANSACTION FOR PURPOSES OF THIS PARAGRAPH, WHICH VEHICLE
TRANSACTION SHALL NOT BE SUBJECT TO THE DISCRETIONARY VEHICLE IDENTIFI-
CATION NUMBER BLOCK AND DISCRETIONARY REGISTRATION APPLICATION DENIAL
OTHERWISE PROVIDED HEREIN.
§ 6. Section 510 of the vehicle and traffic law is amended by adding a
new subdivision 4-h to read as follows:
4-H. SUSPENSION OF REGISTRATION FOR FAILURE TO COMPLY WITH REMOVING
ANY ARTIFICIAL OR SYNTHETIC MATERIAL OR SUBSTANCE THAT CONCEALS OR
OBSCURES NUMBER PLATES OR THE PURCHASE OF NEW NUMBER PLATES. UPON THE
RECEIPT OF A NOTIFICATION FROM A COURT OR AN ADMINISTRATIVE TRIBUNAL
THAT AN OWNER OF A MOTOR VEHICLE FAILED TO COMPLY WITH SUBDIVISION EIGHT
OF SECTION FOUR HUNDRED TWO OF THIS CHAPTER, THE COMMISSIONER OR HIS OR
HER AGENT MAY SUSPEND THE REGISTRATION OF THE VEHICLE INVOLVED IN THE
VIOLATION AND SUCH SUSPENSION SHALL REMAIN IN EFFECT UNTIL SUCH TIME AS
THE COMMISSIONER IS ADVISED THAT THE OWNER OF SUCH VEHICLE HAS SATISFIED
THE REQUIREMENTS OF SUCH SUBDIVISION.
§ 7. Subdivision 8 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
8. Adjudication of the liability imposed upon owners by this section
shall be by the entity having jurisdiction over violations of the rules
and regulations of the public authority serving the notice of liability
or where authorized by an administrative tribunal and all violations
shall be heard and determined in the county in which the violation is
alleged to have occurred, or in New York city and upon the consent of
both parties, in any county within New York city in which the public
authority operates or maintains a facility, and in the same manner as
charges of other regulatory violations of such public authority or
pursuant to the rules and regulations of such administrative tribunal as
the case may be. A PUBLIC AUTHORITY WITH BRIDGES, TUNNELS OR HIGHWAYS
UNDER ITS JURISDICTION SHALL HAVE THE POWER TO ENTER JUDGMENTS FOR
S. 8308--A 14 A. 8808--A
UNPAID LIABILITIES FOR A VIOLATION OF TOLL COLLECTION REGULATIONS AND
ENFORCE SUCH JUDGMENTS, WITHOUT COURT PROCEEDINGS, IN THE SAME MANNER AS
THE ENFORCEMENT OF MONEY JUDGMENTS IN CIVIL ACTIONS IN ANY COURT OF
COMPETENT JURISDICTION OR ANY OTHER PLACE PROVIDED FOR THE ENTRY OF
CIVIL JUDGMENT WITHIN THE STATE OF NEW YORK.
§ 8. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made on or before such date.
PART D
Section 1. Section 1704-a of the vehicle and traffic law is amended by
adding a new subdivision 5 to read as follows:
5. (A) ANY PERSON WHO, IN CONNECTION WITH ANY ELIGIBILITY PROCESS FOR
OR USE OF TOLL CREDITS, DISCOUNTS, OR EXEMPTIONS, KNOWINGLY MAKES A
FALSE STATEMENT OR FALSIFIES OR PERMITS TO BE FALSIFIED ANY RECORD OR
RECORDS FOR THE PURPOSE OF FRAUDULENTLY OBTAINING A CREDIT, DISCOUNT, OR
EXEMPTION FROM A CENTRAL BUSINESS DISTRICT TOLL, SHALL BE GUILTY OF A
CLASS A MISDEMEANOR.
(B) ANY PERSON WHO VIOLATES PARAGRAPH (A) OF THIS SUBDIVISION AND AS A
RESULT RECEIVES CREDITS, DISCOUNTS, AND/OR EXEMPTIONS FROM CENTRAL BUSI-
NESS DISTRICT TOLLS WITH A TOTAL VALUE IN EXCESS OF ONE THOUSAND DOLLARS
SHALL BE GUILTY OF A CLASS E FELONY.
(C) ANY PERSON WHO VIOLATES PARAGRAPH (A) OF THIS SUBDIVISION AND AS A
RESULT RECEIVES CREDITS, DISCOUNTS, AND/OR EXEMPTIONS FROM CENTRAL BUSI-
NESS DISTRICT TOLLS WITH A TOTAL VALUE IN EXCESS OF THREE THOUSAND
DOLLARS SHALL BE GUILTY OF A CLASS D FELONY.
§ 2. The public authorities law is amended by adding a new section
553-1 to read as follows:
§ 553-L. FRAUDULENTLY OBTAINING CREDIT, DISCOUNT, OR EXEMPTION FROM A
TOLL. 1. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, ANY PERSON
WHO, IN CONNECTION WITH ANY ELIGIBILITY PROCESS FOR OR USE OF TOLL CRED-
ITS, DISCOUNTS, OR EXEMPTIONS, KNOWINGLY MAKES A FALSE STATEMENT OR
FALSIFIES OR PERMITS TO BE FALSIFIED ANY RECORD OR RECORDS FOR THE
PURPOSE OF FRAUDULENTLY OBTAINING A CREDIT, DISCOUNT, OR EXEMPTION FROM
A TOLL CHARGED BY THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY SHALL BE
GUILTY OF A CLASS A MISDEMEANOR.
2. ANY PERSON WHO VIOLATES SUBDIVISION ONE OF THIS SECTION AND, AS A
RESULT, RECEIVES CREDITS, DISCOUNTS, AND/OR EXEMPTIONS FROM TOLLS WITH A
TOTAL VALUE IN EXCESS OF ONE THOUSAND DOLLARS SHALL BE GUILTY OF A CLASS
E FELONY.
3. ANY PERSON WHO VIOLATES SUBDIVISION ONE OF THIS SECTION AND, AS A
RESULT, RECEIVES CREDIT, DISCOUNTS, AND/OR EXEMPTIONS FROM TOLLS WITH A
TOTAL VALUE IN EXCESS OF THREE THOUSAND DOLLARS SHALL BE GUILTY OF A
CLASS D FELONY.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such date.
PART E
Section 1. Section 1 of part I of chapter 413 of the laws of 1999,
relating to providing for mass transportation payments, as amended by
S. 8308--A 15 A. 8808--A
section 1 of part E of chapter 58 of the laws of 2022, is amended to
read as follows:
Section 1. Notwithstanding any other law, rule or regulation to the
contrary, payment of mass transportation operating assistance pursuant
to section 18-b of the transportation law shall be subject to the
provisions contained herein and the amounts made available therefor by
appropriation.
In establishing service and usage formulas for distribution of mass
transportation operating assistance, the commissioner of transportation
may combine and/or take into consideration those formulas used to
distribute mass transportation operating assistance payments authorized
by separate appropriations in order to facilitate program administration
and to ensure an orderly distribution of such funds.
To improve the predictability in the level of funding for those
systems receiving operating assistance payments under service and usage
formulas, the commissioner of transportation is authorized with the
approval of the director of the budget, to provide service payments
based on service and usage statistics of the preceding year.
In the case of a service payment made, pursuant to section 18-b of the
transportation law, to a regional transportation authority on account of
mass transportation services provided to more than one county (consider-
ing the city of New York to be one county), the respective shares of the
matching payments required to be made by a county to any such authority
shall be as follows:
Percentage
of Matching
Local Jurisdiction Payment
--------------------------------------------
In the Metropolitan Commuter
Transportation District:
New York City ................ 6.40
Dutchess ..................... 1.30
Nassau ....................... 39.60
Orange ....................... 0.50
Putnam ....................... 1.30
Rockland ..................... 0.10
Suffolk ...................... 25.70
Westchester .................. 25.10
In the Capital District Trans-
portation District:
Albany ....................... [55.27] 54.05
Rensselaer ................... [22.96] 22.45
Saratoga ..................... [4.04] 3.95
Schenectady .................. [16.26] 15.90
Montgomery ................... [1.47] 1.44
WARREN ....................... 2.21
In the Central New York Re-
gional Transportation Dis-
trict:
Cayuga ....................... 5.11
Onondaga ..................... 75.83
Oswego ....................... 2.85
Oneida ....................... 16.21
In the Rochester-Genesee Re-
gional Transportation Dis-
S. 8308--A 16 A. 8808--A
trict:
Genesee ...................... 1.36
Livingston ................... .90
Monroe ....................... 90.14
Wayne ........................ .98
Wyoming ...................... .51
Seneca ....................... .64
Orleans ...................... .77
Ontario ...................... 4.69
In the Niagara Frontier Trans-
portation District: Erie ......................... 89.20
Niagara ...................... 10.80
Notwithstanding any other inconsistent provisions of section 18-b of
the transportation law or any other law, any moneys provided to a public
benefit corporation constituting a transportation authority or to other
public transportation systems in payment of state operating assistance
or such lesser amount as the authority or public transportation system
shall make application for, shall be paid by the commissioner of trans-
portation to such authority or public transportation system in lieu, and
in full satisfaction, of any amounts which the authority would otherwise
be entitled to receive under section 18-b of the transportation law.
Notwithstanding the reporting date provision of section 17-a of the
transportation law, the reports of each regional transportation authori-
ty and other major public transportation systems receiving mass trans-
portation operating assistance shall be submitted on or before July 15
of each year in the format prescribed by the commissioner of transporta-
tion. Copies of such reports shall also be filed with the chairpersons
of the senate finance committee and the assembly ways and means commit-
tee and the director of the budget. The commissioner of transportation
may withhold future state operating assistance payments to public trans-
portation systems or private operators that do not provide such reports.
Payments may be made in quarterly installments as provided in subdivi-
sion 2 of section 18-b of the transportation law or in such other manner
and at such other times as the commissioner of transportation, with the
approval of the director of the budget, may provide; and where payment
is not made in the manner provided by such subdivision 2, the matching
payments required of any city, county, Indian tribe or intercity bus
company shall be made within 30 days of the payment of state operating
assistance pursuant to this section or on such other basis as may be
agreed upon by the commissioner of transportation, the director of the
budget, and the chief executive officer of such city, county, Indian
tribe or intercity bus company.
The commissioner of transportation shall be required to annually eval-
uate the operating and financial performance of each major public trans-
portation system. Where the commissioner's evaluation process has iden-
tified a problem related to system performance, the commissioner may
request the system to develop plans to address the performance deficien-
cies. The commissioner of transportation may withhold future state oper-
ating assistance payments to public transportation systems or private
operators that do not provide such operating, financial, or other infor-
mation as may be required by the commissioner to conduct the evaluation
process.
Payments shall be made contingent upon compliance with regulations
deemed necessary and appropriate, as prescribed by the commissioner of
transportation and approved by the director of the budget, which shall
S. 8308--A 17 A. 8808--A
promote the economy, efficiency, utility, effectiveness, and coordinated
service delivery of public transportation systems. The chief executive
officer of each public transportation system receiving a payment shall
certify to the commissioner of transportation, in addition to informa-
tion required by section 18-b of the transportation law, such other
information as the commissioner of transportation shall determine is
necessary to determine compliance and carry out the purposes herein.
Counties, municipalities or Indian tribes that propose to allocate
service payments to operators on a basis other than the amount earned by
the service payment formula shall be required to describe the proposed
method of distributing governmental operating aid and submit it one
month prior to the start of the operator's fiscal year to the commis-
sioner of transportation in writing for review and approval prior to the
distribution of state aid. The commissioner of transportation shall only
approve alternate distribution methods which are consistent with the
transportation needs of the people to be served and ensure that the
system of private operators does not exceed established maximum service
payment limits. Copies of such approvals shall be submitted to the
chairpersons of the senate finance and assembly ways and means commit-
tees.
Notwithstanding the provisions of subdivision 4 of section 18-b of the
transportation law, the commissioner of transportation is authorized to
continue to use prior quarter statistics to determine current quarter
payment amounts, as initiated in the April to June quarter of 1981. In
the event that actual revenue passengers and actual total number of
vehicle, nautical or car miles are not available for the preceding quar-
ter, estimated statistics may be used as the basis of payment upon
approval by the commissioner of transportation. In such event, the
succeeding payment shall be adjusted to reflect the difference between
the actual and estimated total number of revenue passengers and vehicle,
nautical or car miles used as the basis of the estimated payment. The
chief executive officer may apply for less aid than the system is eligi-
ble to receive. Each quarterly payment shall be attributable to operat-
ing expenses incurred during the quarter in which it is received, unless
otherwise specified by such commissioner. In the event that a public
transportation system ceases to participate in the program, operating
assistance due for the final quarter that service is provided shall be
based upon the actual total number of revenue passengers and the actual
total number of vehicle, nautical or car miles carried during that quar-
ter.
Payments shall be contingent on compliance with audit requirements
determined by the commissioner of transportation.
In the event that an audit of a public transportation system or
private operator receiving funds discloses the existence of an overpay-
ment of state operating assistance, regardless of whether such an over-
payment results from an audit of revenue passengers and the actual
number of revenue vehicle miles statistics, or an audit of private oper-
ators in cases where more than a reasonable return based on equity or
operating revenues and expenses has resulted, the commissioner of trans-
portation, in addition to recovering the amount of state operating
assistance overpaid, shall also recover interest, as defined by the
department of taxation and finance, on the amount of the overpayment.
Notwithstanding any other law, rule or regulation to the contrary,
whenever the commissioner of transportation is notified by the comp-
troller that the amount of revenues available for payment from an
account is less than the total amount of money for which the public mass
S. 8308--A 18 A. 8808--A
transportation systems are eligible pursuant to the provisions of
section 88-a of the state finance law and any appropriations enacted for
these purposes, the commissioner of transportation shall establish a
maximum payment limit which is proportionally lower than the amounts set
forth in appropriations.
Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
of the state finance law and any other general or special law, payments
may be made in quarterly installments or in such other manner and at
such other times as the commissioner of transportation, with the
approval of the director of the budget may prescribe.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024.
PART F
Section 1. Section 5 of chapter 751 of the laws of 2005, amending the
insurance law and the vehicle and traffic law relating to establishing
the accident prevention course internet technology pilot program, as
amended by section 1 of part O of chapter 58 of the laws of 2022, is
amended to read as follows:
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and be deemed repealed April
1, [2024] 2026; provided that any rules and regulations necessary to
implement the provisions of this act on its effective date are author-
ized and directed to be completed on or before such date.
§ 2. This act shall take effect immediately.
PART G
Section 1. Section 13 of part U1 of chapter 62 of the laws of 2003,
amending the vehicle and traffic law and other laws relating to increas-
ing certain motor vehicle transaction fees, as amended by section 1 of
part P of chapter 58 of the laws of 2022, is amended to read as follows:
§ 13. This act shall take effect immediately; provided however that
sections one through seven of this act, the amendments to subdivision 2
of section 205 of the tax law made by section eight of this act, and
section nine of this act shall expire and be deemed repealed on April 1,
[2024] 2026; provided further, however, that the provisions of section
eleven of this act shall take effect April 1, 2004 and shall expire and
be deemed repealed on April 1, [2024] 2026.
§ 2. Section 2 of part B of chapter 84 of the laws of 2002, amending
the state finance law relating to the costs of the department of motor
vehicles, as amended by section 2 of part P of chapter 58 of the laws of
2022, is amended to read as follows:
§ 2. This act shall take effect April 1, 2002; provided, however, if
this act shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after April 1, 2002; provided further, however, that this act shall
expire and be deemed repealed on April 1, [2024] 2026.
§ 3. This act shall take effect immediately.
PART H
Section 1. Subdivision 1 of section 312-a of the vehicle and traffic
law, as amended by chapter 781 of the laws of 1983, is amended to read
as follows:
S. 8308--A 19 A. 8808--A
1. Upon issuance of an owner's policy of liability insurance or other
financial security required by this chapter, an insurer shall issue
proof of insurance in accordance with the regulations promulgated by the
commissioner [pursuant to paragraph (b) of subdivision two of section
three hundred thirteen of this article].
§ 2. The vehicle and traffic law is amended by adding a new section
312-b to read as follows:
§ 312-B. ONLINE INSURANCE VERIFICATION SYSTEM OF MOTOR VEHICLE INSUR-
ANCE. 1. THE COMMISSIONER MAY ESTABLISH A SYSTEM FOR THE ONLINE VERIFI-
CATION OF INSURANCE. INFORMATION AVAILABLE IN THE ONLINE INSURANCE
VERIFICATION SYSTEM SHALL BE PROVIDED BY MOTOR VEHICLE INSURERS PURSUANT
TO RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER, IF HE OR SHE
DETERMINES ESTABLISHMENT OF SUCH SYSTEM WOULD FURTHER THE PURPOSES OF
THIS ARTICLE AS SET FORTH IN SUBDIVISION TWO OF SECTION THREE HUNDRED
TEN OF THIS ARTICLE.
2. THE ONLINE INSURANCE VERIFICATION SYSTEM SHALL INCLUDE, AT A MINI-
MUM, THE ABILITY TO:
(A) SEND REQUESTS TO INSURERS FOR VERIFICATION OF EVIDENCE OF INSUR-
ANCE VIA WEB SERVICES, THROUGH THE INTERNET, OR A SIMILAR PROPRIETARY OR
COMMON CARRIER ELECTRONIC SYSTEM, AS WELL AS RECEIVE FROM INSURERS
VERIFICATION OF EVIDENCE OF INSURANCE IN A FORM AND MANNER AS DETERMINED
BY THE COMMISSIONER;
(B) INCLUDE APPROPRIATE PROVISIONS TO SECURE DATA AGAINST UNAUTHORIZED
ACCESS;
(C) BE UTILIZED FOR VERIFICATION OF THE EVIDENCE OF MANDATORY LIABIL-
ITY INSURANCE COVERAGE AS PRESCRIBED BY THE LAWS OF THE STATE AND SHALL
BE ACCESSIBLE TO AUTHORIZED PERSONNEL OF THE DEPARTMENT, THE COURTS, LAW
ENFORCEMENT AND OTHER ENTITIES AUTHORIZED BY THE STATE AS PERMITTED BY
ANY STATE OR FEDERAL PRIVACY LAWS, AND THE ONLINE INSURANCE VERIFICATION
SYSTEM SHALL BE INTERFACED, WHEREVER APPROPRIATE, WITH EXISTING OR
FUTURE STATE SYSTEMS, IN A FORM AND MANNER AS DETERMINED BY THE COMMIS-
SIONER;
(D) INCLUDE INFORMATION WHICH SHALL ENABLE THE DEPARTMENT TO MAKE
INQUIRIES TO INSURERS FOR EVIDENCE OF INSURANCE INCLUDING BUT NOT LIMIT-
ED TO VEHICLE IDENTIFICATION NUMBERS AND POLICY NUMBERS; AND
(E) RESPOND TO EACH REQUEST FOR INSURANCE INFORMATION WITHIN AN AMOUNT
OF TIME DETERMINED BY THE COMMISSIONER.
THE ONLINE INSURANCE VERIFICATION SYSTEM SHALL BE CAPABLE OF RESPOND-
ING WITHIN THE TIME ESTABLISHED.
3. THE COMMISSIONER, IN CONJUNCTION WITH THE SUPERINTENDENT OF STATE
POLICE AND LOCAL LAW ENFORCEMENT OFFICIALS, SHALL FORMULATE A MEANS TO
ALLOW THE ONLINE INSURANCE VERIFICATION SYSTEM TO BE EASILY ACCESSIBLE
TO ON-DUTY LAW ENFORCEMENT PERSONNEL IN THE PERFORMANCE OF THEIR OFFI-
CIAL DUTIES FOR THE PURPOSE OF VERIFYING WHETHER AN OPERATOR OF A MOTOR
VEHICLE MAINTAINS PROPER INSURANCE COVERAGE AND TO INCREASE COMPLIANCE
WITH THE MOTOR VEHICLE FINANCIAL SECURITY LAWS UNDER THIS ARTICLE AND
ARTICLE EIGHT OF THIS TITLE.
4. NOTHING IN THIS SECTION SHALL PROHIBIT THE COMMISSIONER FROM
CONTRACTING WITH A PRIVATE SECTOR PROVIDER OR PROVIDERS TO IMPLEMENT THE
REQUIREMENTS OF THIS SECTION OR TO ASSIST IN ESTABLISHING AND MAINTAIN-
ING SUCH SYSTEM IN THE STATE.
5. IF IMPLEMENTED, THE ONLINE INSURANCE VERIFICATION SYSTEM SHALL
UNDERGO AN APPROPRIATE TESTING AND PILOT PERIOD OF NOT LESS THAN ONE
YEAR, AFTER WHICH THE COMMISSIONER MAY CERTIFY THAT SUCH SYSTEM IS FULLY
OPERATIONAL.
S. 8308--A 20 A. 8808--A
§ 3. The vehicle and traffic law is amended by adding a new section
312-c to read as follows:
§ 312-C. INSURER RESPONSIBILITIES FOR THE ONLINE INSURANCE VERIFICA-
TION SYSTEM. 1. INSURERS SHALL PROVIDE ACCESS TO MOTOR VEHICLE INSUR-
ANCE POLICY STATUS INFORMATION AS PROVIDED BY, AND CONSISTENT WITH ANY
TIME FRAMES ESTABLISHED BY, ANY RULES AND REGULATIONS PROMULGATED BY THE
COMMISSIONER.
2. EVERY INSURER THAT IS LICENSED TO ISSUE MOTOR VEHICLE INSURANCE
POLICIES OR IS AUTHORIZED TO DO BUSINESS IN THE STATE SHALL COMPLY WITH
THIS SECTION AND SECTION THREE HUNDRED TWELVE-B OF THIS ARTICLE FOR
VERIFICATION OF EVIDENCE OF VEHICLE INSURANCE FOR EVERY VEHICLE INSURED
BY THAT INSURER IN THE STATE AS REQUIRED BY THE RULES AND REGULATIONS
PROMULGATED BY THE COMMISSIONER.
§ 4. Subdivision 2 and paragraphs (a), (b), (c), (d), (f), (g), (h),
and (i) of subdivision 4 of section 313 of the vehicle and traffic law
are REPEALED.
§ 5. The opening paragraph and paragraph (e) of subdivision 4 of
section 313 of the vehicle and traffic law, as amended by chapter 509 of
the laws of 1998, are amended to read as follows:
Notwithstanding any other provision of this article to the contrary,
the commissioner shall establish a pilot program to maintain an up-to-
date insured vehicle identification database to assist in identifying
uninsured motor vehicles. Such databases shall be implemented by the
department pursuant to standards prescribed by the commissioner or an
agent designated by the commissioner which shall seek technical assist-
ance from affected insurers and the New York Automobile Insurance Plan.
This program shall utilize all information collected pursuant to this
section and shall also include the following elements:
[(e)(1)] (A) Either simultaneously or after the up-dated database
system has been established, the commissioner shall develop a computer
indicator that can be imprinted on a vehicle registration sticker or on
a sticker to be affixed to the insured's license plate. Such indicator
system shall enable law enforcement personnel and other authorized
persons when acting in the course of their official duties to access the
department's database so that such persons can ascertain whether a vehi-
cle is properly insured or not insured;
[(2)] (B) Such computer indicator system shall enable authorized
persons in the performance of their official duties to access informa-
tion such as the registrant's name, vehicle identification number, name
of insurer, current status of insurance, vehicle registration number and
other information that the commissioner deems necessary to implement the
provisions of this section. The commissioner in developing such computer
indicator system shall enable authorized persons in the performance of
their official duties to access only such information that is necessary
to detect uninsured motor vehicles or accomplish other goals clearly
established and authorized by law. Such computer indicator system shall
be designed to protect the personal privacy interests of motorists;
§ 6. Subdivision 3 of section 313 of the vehicle and traffic law, as
amended by chapter 781 of the laws of 1983, is amended to read as
follows:
3. A cancellation or termination for which notice is required to be
filed with the commissioner [pursuant to subdivision two of this
section] shall not be effective with respect to persons other than the
named insured and members of the insured's household until the insurer
has filed a notice thereof with the commissioner or until another insur-
ance policy covering the same risk has been procured, except that a
S. 8308--A 21 A. 8808--A
notice filed with the commissioner, in the format prescribed by the
commissioner[, within the period prescribed in subdivision two of this
section] shall be effective as of the date certified therein, regardless
of whether a suspension order is issued pursuant to section three
hundred eighteen of this article. A receipt from the department stating
that a notice of termination has been filed shall be deemed conclusive
evidence of such filing. An insurer shall cooperate with the commission-
er in attempting to identify persons not in compliance with this article
in cases where the information reported by the insurer does not corre-
spond with records maintained by the department.
§ 7. Paragraph (d) of subdivision 3 of section 317 of the vehicle and
traffic law is REPEALED.
§ 8. This act shall take effect immediately; provided, however,
sections one, four, six, and seven of this act shall take effect if and
when the online insurance verification system is installed and fully
operational pursuant to subdivision 5 of section 312-b of the vehicle
and traffic law, as added by section two of this act, as certified by
the Commissioner of the Department of Motor Vehicles. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such date.
PART I
Section 1. Paragraphs 26 and 27 of subdivision (a) of section 1642 of
the vehicle and traffic law, paragraph 26 as added and paragraph 27 as
amended by chapter 248 of the laws of 2014, are amended to read as
follows:
26. (a) With respect to highways (which term for the purposes of this
paragraph shall include private roads open to public motor vehicle traf-
fic) in such city, other than state highways maintained by the state on
which the department of transportation shall have established higher or
lower speed limits than the statutory fifty-five miles per hour speed
limit as provided in section sixteen hundred twenty of this title, or on
which the department of transportation shall have designated that such
city shall not establish any maximum speed limit as provided in section
sixteen hundred twenty-four of this title, subject to the limitations
imposed by section sixteen hundred eighty-four of this title, establish-
ment of maximum speed limits at which vehicles may proceed within such
city or within designated areas of such city higher or lower than the
fifty-five miles per hour maximum statutory limit. No such speed limit
applicable throughout such city or within designated areas of such city
shall be established at less than [twenty-five] TWENTY miles per hour,
except that school speed limits may be established at no less than
[fifteen] TEN miles per hour [pursuant to] NOTWITHSTANDING the
provisions of section sixteen hundred forty-three of this article.
(b) A city shall not lower OR RAISE a speed limit by more than five
miles per hour pursuant to this paragraph unless such city provides
written notice and an opportunity to comment to the community board or
community boards established pursuant to section twenty-eight hundred of
the New York city charter with jurisdiction over the area in which the
lower OR HIGHER speed limit shall apply. Such notice may be provided by
electronic mail and shall be provided sixty days prior to the establish-
ment of such lower OR HIGHER speed limit.
27. (a) Establishment of maximum speed limits below [twenty-five]
TWENTY miles per hour at which motor vehicles may proceed on or along
S. 8308--A 22 A. 8808--A
designated highways within such city for the explicit purpose of imple-
menting traffic calming measures as such term is defined herein;
provided, however, that no speed limit shall be set below [fifteen] TEN
miles per hour nor shall such speed limit be established where the traf-
fic calming measure to be implemented consists solely of a traffic
control sign. Establishment of such a speed limit shall, where applica-
ble, be in compliance with the provisions of sections sixteen hundred
twenty-four and sixteen hundred eighty-four of this [chapter] TITLE.
Nothing contained herein shall be deemed to alter or affect the estab-
lishment of school speed limits pursuant to the provisions of section
sixteen hundred forty-three of this article, PROVIDED THAT THE SCHOOL
SPEED LIMIT SET FORTH IN PARAGRAPH TWENTY-SIX OF THIS SUBDIVISION SHALL
APPLY IN ANY CITY TO WHICH THIS SECTION IS APPLICABLE. For the purposes
of this paragraph, "traffic calming measures" shall mean any physical
engineering measure or measures that reduce the negative effects of
motor vehicle use, alter driver behavior and improve conditions for
non-motorized street users such as pedestrians and bicyclists.
(b) Any city establishing maximum speed limits below [twenty-five]
TWENTY miles per hour pursuant to clause (i) of this subparagraph shall
submit a report to the governor, the temporary president of the senate
and the speaker of the assembly on or before March first, two thousand
fifteen and biannually thereafter on the results of using traffic calm-
ing measures and speed limits lower than [twenty-five] TWENTY miles per
hour as authorized by this paragraph. This report shall also be made
available to the public by such city on its website. Such report shall
include, but not be limited to the following:
(i) a description of the designated highways where traffic calming
measures and a lower speed limit were established [and];
(ii) a description of the specific traffic calming measures used and
the maximum speed limit established; and
(iii) a comparison of the aggregate type, number, and severity of
accidents reported on streets on which street calming measures and lower
speed limits were implemented in the year preceding the implementation
of such measures and policies and the year following the implementation
of such measures and policies, to the extent this information is main-
tained by any agency of the state or the city.
§ 2. This act shall take effect immediately.
PART J
Section 1. Section 3 of part FF of chapter 55 of the laws of 2017,
relating to motor vehicles equipped with autonomous vehicle technology,
as amended by section 1 of part J of chapter 58 of the laws of 2023, is
amended to read as follows:
§ 3. This act shall take effect April 1, 2017; provided, however, that
section one of this act shall expire and be deemed repealed April 1,
[2024] 2026.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024.
PART K
Section 1. Short title. This act shall be known and may be cited as
the "stretch limousine passenger safety act".
S. 8308--A 23 A. 8808--A
§ 2. Subdivision 9 of section 138 of the transportation law, as
amended by chapter 12 of the laws of 2020, is amended to read as
follows:
9. To maintain and annually update its website to provide information
with regard to each bus operator or motor carrier under subparagraphs
(ii) and (vi) of paragraph a of subdivision two of section one hundred
forty of this article requiring department operating authority that
includes the bus operator's or motor carrier's name, number of
inspections, number of out of service orders, operator identification
number, location and region of operation including place of address,
percentile to which an operator or motor carrier falls with respect to
out of service defects, the number or percentage of out of service
defects where pursuant to the commissioner's regulations no inspection
certificate shall be issued until the defect is repaired and a re-in-
spection is conducted, and the number of serious physical injury or
fatal crashes involving a for-hire vehicle requiring operating authority
pursuant to this article, AND ANY ADDITIONAL PUBLICLY AVAILABLE INFORMA-
TION PROVIDED IN ACCORDANCE WITH THE SAFETY FITNESS STANDARDS ESTAB-
LISHED PURSUANT TO PART THREE HUNDRED EIGHTY-FIVE OF TITLE FORTY-NINE OF
THE CODE OF FEDERAL REGULATIONS.
§ 3. Subparagraph (iii) of paragraph (b) of subdivision 10 of section
138 of the transportation law, as added by chapter 5 of the laws of
2020, is amended to read as follows:
(iii) In consultation and cooperation with the commissioner of motor
vehicles, the commissioner shall report on safety issues reported to
such website, and toll-free hotline and related investigations summariz-
ing (A) the total number of safety issue reports received and the type
of safety issues reported; (B) the total number of safety issue reports
received and the type of safety issues reported where the commissioner
or the commissioner of motor vehicles, as applicable, verified the
information provided; (C) enforcement actions and other responses taken
by the commissioner or the commissioner of motor vehicles, as applica-
ble, to safety issue reports received where the commissioner or the
commissioner of motor vehicles, as applicable, has verified such infor-
mation; and (D) the length of time between the receipt of safety issue
reports from such website, or hotline and enforcement action or other
response by the commissioner or the commissioner of motor vehicles, as
applicable. Such report shall be made publicly available on the depart-
ment's website in a searchable format, [and] shall be published no less
than once annually, AND SHALL COMPARE THE PREVIOUS THREE YEARS OF REPORT
DATA TO THE EXTENT APPLICABLE. Such report may also be included within
the department's annual report submitted pursuant to subdivision thir-
teen of section fourteen of this chapter.
§ 4. Paragraph b of subdivision 9 of section 140 of the transporta-
tion law, as amended by chapter 9 of the laws of 2020, is amended to
read as follows:
b. (i) Whenever [an altered motor vehicle commonly referred to as a
"stretch limousine"] ONE OF THE MOTOR VEHICLES ENUMERATED IN PARAGRAPH A
OF SUBDIVISION TWO OF THIS SECTION has failed an inspection and been
placed out-of-service, the commissioner may direct a police officer or
his or her agent to immediately secure possession of the number plates
of such vehicle and return the same to the commissioner of motor vehi-
cles. The commissioner shall notify the commissioner of motor vehicles
to that effect, and the commissioner of motor vehicles shall thereupon
suspend the registration of such vehicle until such time as the commis-
sioner gives notice that the out-of-service defect has been satisfac-
S. 8308--A 24 A. 8808--A
torily adjusted. Provided, however, that the commissioner shall give
notice and an opportunity to be heard within not more than thirty days
of the suspension. Failure of the holder or of any person possessing
such plates to deliver to the commissioner or his or her agent who
requests the same pursuant to this paragraph shall be a misdemeanor. The
commissioner of motor vehicles shall have the authority to deny a regis-
tration or renewal application to any other person for the same vehicle
where it has been determined that such registrant's intent has been to
evade the purposes of this paragraph and where the commissioner of motor
vehicles has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this para-
graph. The procedure on any such suspension shall be the same as in the
case of a suspension under the vehicle and traffic law. Operation of
such motor vehicle while under suspension as provided in this subdivi-
sion shall constitute a class A misdemeanor AND SHALL BE PUNISHABLE BY A
FINE OF NOT LESS THAN TEN THOUSAND DOLLARS AND ASSESSED TO THE HOLDER OR
OF ANY PERSON POSSESSING SUCH PLATES FOR EACH OFFENSE COMMITTED, IN
ADDITION TO ANY OTHER FINES, PENALTIES OR ACTIONS TAKEN WITH RESPECT TO
SUCH CONDUCT.
(ii) (a) Upon the seizure of number plates pursuant to subparagraph
(i) of this paragraph, if the out-of-service defect is of a type where
pursuant to the commissioner's regulations no inspection certificate
will be issued until the defect is repaired and a re-inspection is
conducted, or is related to its horn, and the commissioner determines
that allowing the [altered] motor vehicle to leave the inspection area
would be contrary to public safety, the commissioner may: (A) remove or
arrange for the removal of, or may direct any police officer to remove
or arrange for the removal of, the [altered] motor vehicle to a non-
public garage or other place of safety where it shall remain impounded,
subject to the provisions of this section; or (B) immobilize or arrange
for the immobilization of the [altered] motor vehicle on premises owned
or under the control of the owner of such [altered] motor vehicle,
subject to the provisions of this section. The [altered] motor vehicle
shall be entered into the New York statewide police information network
as an impounded or immobilized vehicle and the commissioner shall
promptly notify the owner that the [altered] motor vehicle has been
impounded or immobilized and the reason or reasons for such impoundment
or immobilization, and give such owner an opportunity to be heard within
not more than thirty days of the suspension imposed pursuant to subpara-
graph (i) of this paragraph.
(b) A motor vehicle so impounded or immobilized shall be in the custo-
dy of the commissioner and shall not be released unless the commissioner
is satisfied that repairs have been scheduled or been made to satisfac-
torily adjust such vehicle's out-of-service defect or defects and such
vehicle has been re-inspected.
(c) The commissioner shall provide written notice to the owner or
operator of the service repair shop or impoundment lot informing them
that such impounded vehicle shall not be released without the written
approval of the commissioner. Release of such impounded vehicle without
approval by the commissioner shall be punishable by a fine of up to ten
thousand dollars[;].
§ 5. Section 375 of the vehicle and traffic law is amended by adding a
new subdivision 55 to read as follows:
55. STRETCH LIMOUSINE ANTI-INTRUSION PROTECTION. (A) EVERY STRETCH
LIMOUSINE REGISTERED IN THIS STATE SHALL BE EQUIPPED WITH ROLL-OVER
PROTECTION DEVICES SUCH AS CAGES OR PILLARS AND ANTI-INTRUSION BARS FOR
S. 8308--A 25 A. 8808--A
THE PURPOSE OF PROTECTING REAR COMPARTMENT PASSENGERS, WITHIN NO LATER
THAN ONE YEAR OF THE DATE UPON WHICH THE NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION PROMULGATES FINAL REGULATIONS ESTABLISHING STANDARDS FOR
COMMERCIAL ROLL-OVER PROTECTION DEVICES.
(B) FOR THE PURPOSES OF THIS SUBDIVISION "STRETCH LIMOUSINE" SHALL
MEAN AN ALTERED MOTOR VEHICLE HAVING A SEATING CAPACITY OF NINE OR MORE
PASSENGERS, INCLUDING THE DRIVER, COMMONLY REFERRED TO AS A "STRETCH
LIMOUSINE" AND WHICH IS USED IN THE BUSINESS OF TRANSPORTING PASSENGERS
FOR COMPENSATION.
§ 6. Subdivision 2 of section 152 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
2. (A) No person or persons shall engage in intrastate transportation
as a contract carrier of passengers by motor vehicle on any highway in
this state, or hold themselves out by advertising or any other means to
provide such transportation, unless there is in force with respect to
such person or persons a permit issued by the commissioner.
(B) NO SUCH PERMIT SHALL BE ISSUED BY THE COMMISSIONER TO ANY SUCH
PERSON OR PERSONS WHO OPERATE ONE OR MORE STRETCH LIMOUSINES WITHOUT
VERIFICATION THAT EACH AND EVERY STRETCH LIMOUSINE IS EQUIPPED WITH A
WINDOW BREAK TOOL, AN OPERATIONAL FIRE EXTINGUISHER, AND SHALL ENSURE
THAT THE DRIVER AND PASSENGER PARTITIONS CAN BE USED FOR EMERGENCY
VEHICULAR EGRESS IF OTHER FORMS OF EGRESS ARE NOT AVAILABLE SUCH AS A
ROOF HATCH.
(C) FOR THE PURPOSES OF THIS SUBDIVISION:
(I) "STRETCH LIMOUSINE" SHALL MEAN AN ALTERED MOTOR VEHICLE HAVING A
SEATING CAPACITY OF NINE OR MORE PASSENGERS, INCLUDING THE DRIVER,
COMMONLY REFERRED TO AS A "STRETCH LIMOUSINE" AND WHICH IS USED IN THE
BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION; AND
(II) "WINDOW BREAK TOOL" SHALL MEAN A TOOL THAT CAN BE USED TO OPEN
THE WINDOWS OF A STRETCH LIMOUSINE IN THE EVENT OF AN EMERGENCY, WHICH
CAN BE SAFELY STORED WHEN NOT IN USE.
§ 7. Section 375 of the vehicle and traffic law is amended by adding a
new subdivision 56 to read as follows:
56. STRETCH LIMOUSINE AGE AND MILEAGE PARAMETERS. (A) IT SHALL BE
UNLAWFUL TO OPERATE OR CAUSE TO BE OPERATED A STRETCH LIMOUSINE REGIS-
TERED IN THIS STATE ON ANY PUBLIC HIGHWAY OR PRIVATE ROAD OPEN TO PUBLIC
MOTOR VEHICLE TRAFFIC IF THE VEHICLE IS MORE THAN TEN YEARS OLD OR THE
CUMULATIVE MILEAGE REGISTERED ON THE VEHICLE'S ODOMETER EXCEEDS THREE
HUNDRED FIFTY THOUSAND MILES, WHICHEVER OCCURS FIRST.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, "STRETCH LIMOUSINE" SHALL
MEAN AN ALTERED MOTOR VEHICLE HAVING A SEATING CAPACITY OF NINE OR MORE
PASSENGERS, INCLUDING THE DRIVER, COMMONLY REFERRED TO AS A "STRETCH
LIMOUSINE" AND WHICH IS USED IN THE BUSINESS OF TRANSPORTING PASSENGERS
FOR COMPENSATION.
(C) (I) A STRETCH LIMOUSINE WITH AN ODOMETER READING THAT DIFFERS FROM
THE NUMBER OF MILES THE STRETCH LIMOUSINE HAS ACTUALLY TRAVELED OR THAT
HAS HAD A PRIOR HISTORY INVOLVING THE DISCONNECTION OR MALFUNCTIONING OF
AN ODOMETER OR WHICH APPEARS TO THE COMMISSIONER TO HAVE AN INACCURATE
ODOMETER READING BASED ON PRIOR INSPECTION RECORDS, WILL BE ASSIGNED AN
IMPUTED MILEAGE FOR EACH MONTH FROM THE LAST RELIABLE ODOMETER RECORDING
THROUGH THE DATE OF INSPECTION, AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH. A MOTOR CARRIER MAY SEEK REVIEW OF THE DETERMINATION TO
ASSIGN IMPUTED MILEAGE AS PROVIDED PURSUANT TO ARTICLE SIX OF THE TRANS-
PORTATION LAW AND 17 NYCRR PARTS 500 AND 720.
(II) THE IMPUTED MILEAGE SHALL BE CALCULATED BY ADDING THE MILEAGE OF
THE STRETCH LIMOUSINE RECORDED AT THE TWO MOST RECENT STRETCH LIMOUSINE
S. 8308--A 26 A. 8808--A
INSPECTIONS, INCLUDING ROADSIDE INSPECTIONS CONDUCTED BY THE COMMISSION-
ER OF TRANSPORTATION OR DIVISION OF STATE POLICE, WHICHEVER IS MORE
RECENT, AND DIVIDING THAT SUM BY TWENTY-FOUR. THE QUOTIENT IS THE IMPUT-
ED MONTHLY MILEAGE.
(III) UNLESS OTHERWISE PROVIDED BY THE COMMISSIONER OF TRANSPORTATION,
A STRETCH LIMOUSINE MAY NOT BE INTRODUCED TO TRANSPORT PASSENGERS FOR
COMPENSATION OR CONTINUE TRANSPORTING PASSENGERS FOR COMPENSATION IF A
RELIABLE BASELINE ODOMETER READING CANNOT BE ASCERTAINED.
(IV) A MOTOR CARRIER OR OPERATOR WHO KNOWS OR HAS REASON TO BELIEVE
THAT THE ODOMETER READING OF A LIMOUSINE DIFFERS FROM THE NUMBER OF
MILES THE STRETCH LIMOUSINE HAS ACTUALLY TRAVELED SHALL DISCLOSE THAT
STATUS TO THE COMMISSIONER OR THE DEPARTMENT OF TRANSPORTATION IMME-
DIATELY.
§ 8. Section 509-g of the vehicle and traffic law is amended by adding
a new subdivision 7 to read as follows:
7. IN ADDITION TO ANY OTHER PROVISIONS OF THIS SECTION, IN THE EVENT
THE COMMISSIONER REQUIRES THE PROVISION OF LIVE IN-PERSON PRE-TRIP SAFE-
TY BRIEFINGS, ALL MOTOR CARRIERS SHALL REGULARLY REQUIRE EACH DRIVER WHO
OPERATES ALTERED MOTOR VEHICLES COMMONLY REFERRED TO AS "STRETCH LIMOU-
SINES" TO DEMONSTRATE THEIR PROFICIENCY IN PROVIDING PRE-TRIP SAFETY
BRIEFINGS REQUIRED PURSUANT TO SUBDIVISION NINE OF SECTION FIVE HUNDRED
NINE-M OF THIS ARTICLE.
§ 9. Section 509-m of the vehicle and traffic law is amended by adding
a new subdivision 9 to read as follows:
9. (A) ESTABLISH AND REGULARLY UPDATE THE FORM AND CONTENT OF A PRE-
TRIP SAFETY BRIEFING FOR MOTOR CARRIERS THAT OPERATE ALTERED MOTOR VEHI-
CLES COMMONLY REFERRED TO AS "STRETCH LIMOUSINES", WHICH OPERATORS SHALL
PROVIDE TO PASSENGERS PRIOR TO TRANSPORTING ANY PERSONS FOR HIRE IN SUCH
STRETCH LIMOUSINE.
(B) THE COMMISSIONER SHALL COORDINATE WITH THE DEPARTMENT OF TRANSPOR-
TATION AND THE DIVISION OF STATE POLICE IN PREPARING THE FORM AND
CONTENT OF SUCH SAFETY BRIEFING, AND MAY ENGAGE ADDITIONAL ENTITIES OR
INDIVIDUALS HE OR SHE DEEMS APPROPRIATE.
§ 10. Section 401 of the vehicle and traffic law is amended by adding
a new subdivision 24 to read as follows:
24. FOR THE PURPOSES OF THIS SECTION, AN ALTERED VEHICLE, COMMONLY
REFERRED TO AS "STRETCH LIMOUSINES", SHALL MEAN A MOTOR VEHICLE THAT HAS
BEEN ALTERED SO AS TO HAVE AN EXTENDED CHASSIS, A LENGTHENED WHEELBASE,
OR AN ELONGATED SEATING AREA. REGISTRATION PLATES FOR SUCH VEHICLES
SHALL BE OF A TYPE AND DESIGN APPROVED BY THE COMMISSIONER.
§ 11. The vehicle and traffic law is amended by adding a new section
397-d to read as follows:
§ 397-D. FOR-HIRE REBUTTABLE PRESUMPTION. FOR THE PURPOSES OF THIS
TITLE AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THERE SHALL BE A
REBUTTABLE PRESUMPTION THAT ANY ALTERED VEHICLE, COMMONLY REFERRED TO AS
A "STRETCH LIMOUSINE", AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION
FOUR HUNDRED ONE OF THIS CHAPTER, ANY LIMOUSINE, OR ANY MOTOR VEHICLE
THAT IS CAPABLE OF SEATING NINE OR MORE PERSONS INCLUDING THE DRIVER
WHEN IN USE UPON A PUBLIC HIGHWAY, PRIVATE ROAD OPEN TO PUBLIC MOTOR
VEHICLE TRAFFIC, OR ANY PARKING LOT, IS BEING OPERATED IN A FOR-HIRE
CAPACITY.
§ 12. The vehicle and traffic law is amended by adding two new
sections 115-e and 115-f to read as follows:
§ 115-E. FOR-HIRE. THE BUSINESS OF CARRYING OR TRANSPORTING PASSENGERS
FOR DIRECT OR INDIRECT COMPENSATION, EXCEPT THAT SUCH TERM SHALL NOT
APPLY TO ARTICLE FORTY-FOUR-B OF THIS CHAPTER.
S. 8308--A 27 A. 8808--A
§ 115-F. FOR-HIRE VEHICLE. A MOTOR VEHICLE USED IN THE BUSINESS OF
CARRYING OR TRANSPORTING PASSENGERS FOR DIRECT OR INDIRECT COMPENSATION,
EXCEPT THAT SUCH TERM SHALL NOT APPLY TO ARTICLE FORTY-FOUR-B OF THIS
CHAPTER.
§ 13. Severability. If any clause, sentence, subdivision, paragraph,
section or part of this act be adjudged by any court of competent juris-
diction to be invalid, or if any federal agency determines in writing
that this act would render New York state ineligible for the receipt of
federal funds, such judgment or written determination shall not affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, subdivision, paragraph, section or
part thereof directly involved in the controversy in which such judgment
or written determination shall have been rendered.
§ 14. This act shall take effect immediately; provided, however,
sections two, three, four, eight, nine, eleven, and twelve of this act
shall take effect one year after it shall have become a law; provided
further, however, sections seven and ten of this act shall take effect
two years after it shall have become a law; provided further, however,
section six of this act shall take effect on the one hundred eightieth
day after it shall have become a law; provided further, however, that
sections four, five and six of this act shall be deemed repealed if any
federal agency determines in writing that this act would render New York
state ineligible for the receipt of federal funds or any court of compe-
tent jurisdiction finally determines that this act would render New York
state out of compliance with federal law or regulation; provided that
the commissioner of motor vehicles or the commissioner of transportation
shall notify the legislative bill drafting commission upon the occur-
rence of any federal agency determining in writing that this act would
render New York state ineligible for the receipt of federal funds or any
court of competent jurisdiction finally determines that this act would
render New York state out of compliance with federal law or regulation
in order that the commission may maintain an accurate and timely effec-
tive data base of the official text of the laws of the state of New York
in furtherance of effectuating the provisions of section 44 of the
legislative law and section 70-b of the public officers law. Effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.
PART L
Section 1. Chapter 882 of the laws of 1953 relating to waterfront
employment and air freight industry regulation is REPEALED.
§ 2. The executive law is amended by adding a new article 19-I to read
as follows:
ARTICLE 19-I
WATERFRONT COMMISSION ACT
SECTION 534. SHORT TITLE.
534-A. LEGISLATIVE FINDINGS AND DECLARATIONS.
534-B. DEFINITIONS.
534-C. NEW YORK WATERFRONT COMMISSION ESTABLISHED.
534-D. GENERAL POWERS OF THE COMMISSION.
534-E. DESIGNATION AS AGENT OF THE STATE.
534-F. PIER SUPERINTENDENTS AND HIRING AGENTS.
534-G. STEVEDORES.
S. 8308--A 28 A. 8808--A
534-H. PROHIBITION OF PUBLIC LOADING.
534-I. LONGSHOREMEN'S REGISTER.
534-J. LIST OF QUALIFIED LONGSHOREMEN FOR EMPLOYMENT AS CHECK-
ERS.
534-K. REGULARIZATION OF LONGSHOREMEN'S EMPLOYMENT.
534-L. SUSPENSION OR ACCEPTANCE OF APPLICATIONS FOR INCLUSION IN
THE LONGSHOREMEN'S REGISTER; EXCEPTIONS.
534-M. PORT WATCHMEN.
534-N. HEARINGS, DETERMINATIONS AND REVIEW.
534-O. EMPLOYMENT INFORMATION CENTERS.
534-P. IMPLEMENTATION OF TELECOMMUNICATIONS HIRING SYSTEM FOR
LONGSHOREMEN AND CHECKERS; REGISTRATION OF TELECOMMU-
NICATIONS SYSTEM CONTROLLER.
534-Q. CONSTRUCTION OF ACT.
534-R. CERTAIN SOLICITATIONS PROHIBITED; PROHIBITION AGAINST THE
HOLDING OF UNION POSITION BY OFFICERS, AGENTS OR
EMPLOYEES WHO HAVE BEEN CONVICTED OF CERTAIN CRIMES
AND OFFENSES.
534-S. GENERAL VIOLATIONS; PROSECUTIONS; PENALTIES.
534-T. DENIAL OF APPLICATIONS.
534-U. REVOCATION OF LICENSES AND REGISTRATIONS.
534-V. REFUSAL TO ANSWER QUESTION, IMMUNITY; PROSECUTION.
534-W. ANNUAL PREPARATION OF A BUDGET REQUEST AND ASSESSMENTS.
534-X. PAYMENT OF ASSESSMENT.
534-Y. TRANSFER OF OFFICERS, EMPLOYEES.
§ 534. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "WATERFRONT COMMISSION ACT".
§ 534-A. LEGISLATIVE FINDINGS AND DECLARATIONS. 1. THE STATE OF NEW
YORK HEREBY FINDS AND DECLARES THAT:
(A) IN 1953, THE CONDITIONS UNDER WHICH WATERFRONT LABOR WAS EMPLOYED
WITHIN THE PORT OF NEW YORK DISTRICT WERE DEPRESSING AND DEGRADING TO
SUCH LABOR, RESULTING FROM THE LACK OF ANY SYSTEMATIC METHOD OF HIRING,
THE LACK OF ADEQUATE INFORMATION AS TO THE AVAILABILITY OF EMPLOYMENT,
CORRUPT HIRING PRACTICES AND THE FACT THAT PERSONS CONDUCTING SUCH
HIRING WERE FREQUENTLY CRIMINALS AND PERSONS NOTORIOUSLY LACKING IN
MORAL CHARACTER AND INTEGRITY AND NEITHER RESPONSIVE OR RESPONSIBLE TO
THE EMPLOYERS NOR TO THE UNCOERCED WILL OF THE MAJORITY OF THE MEMBERS
OF THE LABOR ORGANIZATIONS OF THE EMPLOYEES; THAT AS A RESULT WATERFRONT
LABORERS SUFFERED FROM IRREGULARITY OF EMPLOYMENT, FEAR AND INSECURITY,
INADEQUATE EARNINGS, AN UNDULY HIGH ACCIDENT RATE, SUBJECTION TO BORROW-
ING AT USURIOUS RATES OF INTEREST, EXPLOITATION AND EXTORTION AS THE
PRICE OF SECURING EMPLOYMENT AND A LOSS OF RESPECT FOR THE LAW; THAT NOT
ONLY DID THERE RESULT A DESTRUCTION OF THE DIGNITY OF AN IMPORTANT
SEGMENT OF AMERICAN LABOR, BUT A DIRECT ENCOURAGEMENT OF CRIME WHICH
IMPOSED A LEVY OF GREATLY INCREASED COSTS ON FOOD, FUEL AND OTHER NECES-
SARIES HANDLED IN AND THROUGH THE PORT OF NEW YORK DISTRICT.
(B) MANY OF THESE EVILS RESULTED NOT ONLY FROM THE CAUSES ABOVE
DESCRIBED BUT FROM THE PRACTICES OF PUBLIC LOADERS AT PIERS AND OTHER
WATERFRONT TERMINALS. SUCH PUBLIC LOADERS SERVED NO VALID ECONOMIC
PURPOSE AND OPERATED AS PARASITES EXACTING A HIGH AND UNWARRANTED TOLL
ON THE FLOW OF COMMERCE IN AND THROUGH THE PORT OF NEW YORK DISTRICT,
AND USED FORCE AND ENGAGED IN DISCRIMINATORY AND COERCIVE PRACTICES
INCLUDING EXTORTION AGAINST PERSONS NOT DESIRING TO EMPLOY THEM. THE
STATES OF NEW YORK AND NEW JERSEY FOUND THAT THE FUNCTION OF LOADING AND
UNLOADING TRUCKS AND OTHER LAND VEHICLES AT PIERS AND OTHER WATERFRONT
TERMINALS SHOULD BE PERFORMED, AS IN EVERY OTHER MAJOR AMERICAN PORT,
S. 8308--A 29 A. 8808--A
WITHOUT THE EVILS AND ABUSES OF THE PUBLIC LOADER SYSTEM, AND BY THE
CARRIERS OF FREIGHT BY WATER, STEVEDORES AND OPERATORS OF SUCH PIERS AND
OTHER WATERFRONT TERMINALS OR THE OPERATORS OF SUCH TRUCKS OR OTHER LAND
VEHICLES.
(C) MANY OF THE ABOVE DESCRIBED EVILS ALSO RESULTED FROM THE LACK OF
REGULATION OF THE OCCUPATION OF STEVEDORES, WHO ENGAGED IN CORRUPT PRAC-
TICES TO INDUCE THEIR HIRE BY CARRIERS OF FREIGHT BY WATER AND TO INDUCE
OFFICERS AND REPRESENTATIVES OF LABOR ORGANIZATIONS TO BETRAY THEIR
TRUST TO THE MEMBERS OF SUCH LABOR ORGANIZATIONS.
(D) THE METHOD OF EMPLOYMENT OF LONGSHOREMEN AND PORT WATCHMEN,
COMMONLY KNOWN AS THE "SHAPE-UP", RESULTED IN VICIOUS AND NOTORIOUS
ABUSES, OF WHICH SUCH EMPLOYEES WERE THE PRINCIPAL VICTIMS. THERE WAS
COMPELLING EVIDENCE THAT THE SHAPE-UP PERMITTED AND ENCOURAGED EXTORTION
FROM EMPLOYEES AS THE PRICE OF SECURING OR RETAINING EMPLOYMENT AND
SUBJECTED SUCH EMPLOYEES TO THREATS OF VIOLENCE, UNWILLING JOINDER IN
UNAUTHORIZED LABOR DISTURBANCES AND CRIMINAL ACTIVITIES ON THE WATER-
FRONT. THE SHAPE-UP RESULTED IN A LOSS OF FUNDAMENTAL RIGHTS AND LIBER-
TIES OF LABOR, IMPAIRED THE ECONOMIC STABILITY OF THE PORT OF NEW YORK
DISTRICT AND WEAKENED LAW ENFORCEMENT THEREIN. THE STATES OF NEW YORK
AND NEW JERSEY FOUND THAT THESE PRACTICES AND CONDITIONS MUST BE ELIMI-
NATED TO PREVENT GRAVE INJURY TO THE WELFARE OF WATERFRONT LABORERS AND
OF THE PEOPLE AT LARGE AND THAT THE ELIMINATION OF THE SHAPE-UP AND THE
ESTABLISHMENT OF A SYSTEM OF EMPLOYMENT INFORMATION CENTERS WERE NECES-
SARY TO A SOLUTION FOR THESE PUBLIC PROBLEMS.
(E) THE TWO STATES FOUND THAT THE OCCUPATIONS OF LONGSHOREMEN, STEVE-
DORES, PIER SUPERINTENDENTS, HIRING AGENTS AND PORT WATCHMEN WERE
AFFECTED WITH A PUBLIC INTEREST REQUIRING THEIR REGULATION AND THAT SUCH
REGULATION WAS DEEMED AN EXERCISE OF THE POLICE POWER OF THE TWO STATES
FOR THE PROTECTION OF THE PUBLIC SAFETY, WELFARE, PROSPERITY, HEALTH,
PEACE AND LIVING CONDITIONS OF THE PEOPLE OF THE TWO STATES. THE WATER-
FRONT COMMISSION OF NEW YORK HARBOR ("BI-STATE COMMISSION") WAS FORMED
THROUGH A CONGRESSIONALLY APPROVED COMPACT TO INVESTIGATE, DETER, COMBAT
AND REMEDY CRIMINAL ACTIVITY AND INFLUENCE IN THE PORT AND TO ENSURE
FAIR HIRING AND EMPLOYMENT PRACTICES SO THAT THE PORT AND REGION COULD
GROW AND PROSPER.
(F) THE BI-STATE COMMISSION WORKED TO BREAK THE CYCLE OF CORRUPTION AT
THE PORT, AND EFFECTUATED TRANSFORMATIVE CHANGES ON THE WATERFRONT. ITS
EFFORTS LED TO THE CONVICTION OF ORGANIZED-CRIME MEMBERS AND ASSOCIATES
FOR MURDER, EXTORTION, DRUG TRAFFICKING, THEFT, RACKETEERING, ILLEGAL
GAMBLING, AND LOANSHARKING, AMONG OTHER CRIMES. IN RECENT YEARS, ITS
INVESTIGATIONS LED TO PROSECUTIONS OF UNION OFFICIALS AND MEMBERS OF THE
TRADITIONAL ORGANIZED CRIME FAMILIES WHICH HAVE BEEN FOUND TO CONTROL OR
EXERT SIGNIFICANT INFLUENCE OVER THE UNION OF DOCKWORKERS AND COMMERCIAL
ACTIVITY ON THE WATERFRONT. THE BI-STATE COMMISSION'S INVESTIGATIONS
ALSO LED TO THE EXCLUSION OR REMOVAL FROM THE PORT WORKFORCE OF INDIVID-
UALS WHO WERE CONVICTED OF SERIOUS CRIMES OR WERE ASSOCIATED WITH ORGAN-
IZED CRIME. IT WORKED TO OVERCOME DISCRIMINATION AND OTHER UNFAIR HIRING
PRACTICES AND CONTINUED TO EXTIRPATE CORRUPTION AND RACKETEERING IN THE
PORT OF NEW YORK DISTRICT UNTIL NEW JERSEY'S WITHDRAWAL FROM THE
BI-STATE COMPACT PURSUANT TO CHAPTER 324 OF THE LAWS OF 2017 OF THE
STATE OF NEW JERSEY.
(G) ALTHOUGH LAW ENFORCEMENT'S EFFORTS AGAINST TRADITIONAL ORGANIZED
CRIME INFLUENCE HAVE BEEN SUCCESSFUL, SUCH INFLUENCE REMAINS A SIGNIF-
ICANT THREAT IN THE NEW YORK METROPOLITAN AREA, PARTICULARLY IN THE
PORT. CONTINUED OVERSIGHT IS ESSENTIAL TO ENSURE FAIR AND NONDISCRIMINA-
TORY HIRING PRACTICES, TO ELIMINATE LABOR RACKETEERING AND THE VICTIMI-
S. 8308--A 30 A. 8808--A
ZATION OF LEGITIMATE UNION MEMBERS AND PORT BUSINESSES, AND TO PREVENT
ORGANIZED CRIME FIGURES FROM DIRECTLY OPERATING AT THE CRITICAL POINTS
OF INTERSTATE AND INTERNATIONAL SHIPPING.
§ 534-B. DEFINITIONS. AS USED IN THIS ARTICLE, ALL REFERENCES TO THE
MASCULINE GENDER SHALL BE DEEMED TO INCLUDE ALL GENDERS. THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "ACT" SHALL MEAN THIS ARTICLE AND RULES OR REGULATIONS LAWFULLY
PROMULGATED THEREUNDER AND SHALL INCLUDE ANY AMENDMENTS OR SUPPLEMENTS
TO THIS ARTICLE TO IMPLEMENT THE PURPOSES THEREOF.
2. "BI-STATE COMMISSION" SHALL MEAN THE WATERFRONT COMMISSION OF NEW
YORK HARBOR ESTABLISHED BY THE STATE OF NEW YORK PURSUANT TO P.L. 1953,
C.882 (NY UNCONSOL. CH.307, S.1) AND BY THE STATE OF NEW JERSEY PURSUANT
TO ITS AGREEMENT THERETO UNDER P.L.1953, C.202 (C.32:23-1 ET SEQ.).
3. "CARRIER OF FREIGHT BY WATER" SHALL MEAN ANY PERSON WHO MAY BE
ENGAGED OR WHO MAY HOLD ONESELF OUT AS WILLING TO BE ENGAGED, WHETHER AS
A COMMON CARRIER, AS A CONTRACT CARRIER OR OTHERWISE (EXCEPT FOR
CARRIAGE OF LIQUID CARGOES IN BULK IN TANK VESSELS DESIGNED FOR USE
EXCLUSIVELY IN SUCH SERVICE OR CARRIAGE BY BARGE OF BULK CARGOES
CONSISTING OF ONLY A SINGLE COMMODITY LOADED OR CARRIED WITHOUT WRAPPERS
OR CONTAINERS AND DELIVERED BY THE CARRIER WITHOUT TRANSPORTATION MARK
OR COUNT) IN THE CARRIAGE OF FREIGHT BY WATER BETWEEN ANY POINT IN THE
PORT OF NEW YORK DISTRICT AND A POINT OUTSIDE SAID DISTRICT.
4. "CONTAINER" SHALL MEAN ANY RECEPTACLE, BOX, CARTON OR CRATE WHICH
IS SPECIFICALLY DESIGNED AND CONSTRUCTED SO THAT IT MAY BE REPEATEDLY
USED FOR THE CARRIAGE OF FREIGHT BY A CARRIER OF FREIGHT BY WATER.
5. "CHECKER" SHALL MEAN A LONGSHOREMAN WHO IS EMPLOYED TO ENGAGE IN
DIRECT AND IMMEDIATE CHECKING OF WATERBORNE FREIGHT OR OF THE CUSTODIAL
ACCOUNTING THEREFOR OR IN THE RECORDING OR TABULATION OF THE HOURS
WORKED AT PIERS OR OTHER WATERFRONT TERMINALS BY NATURAL PERSONS
EMPLOYED BY CARRIERS OF FREIGHT BY WATER OR STEVEDORES.
6. "COMMISSION" SHALL MEAN THE NEW YORK WATERFRONT COMMISSION ESTAB-
LISHED BY SECTION FIVE HUNDRED THIRTY-FOUR-C OF THIS ARTICLE.
7. "CAREER OFFENDER" SHALL MEAN A PERSON WHOSE BEHAVIOR IS PURSUED IN
AN OCCUPATIONAL MANNER OR CONTEXT FOR THE PURPOSE OF ECONOMIC GAIN
UTILIZING SUCH METHODS AS ARE DEEMED CRIMINAL VIOLATIONS AGAINST THE
PUBLIC POLICY OF THE STATE OF NEW YORK.
8. "CAREER OFFENDER CARTEL" SHALL MEAN A NUMBER OF CAREER OFFENDERS
ACTING IN CONCERT, AND MAY INCLUDE WHAT IS COMMONLY REFERRED TO AS AN
ORGANIZED CRIME GROUP.
9. "COURT OF THE UNITED STATES" SHALL MEAN ALL COURTS ENUMERATED IN
SECTION FOUR HUNDRED FIFTY-ONE OF TITLE TWENTY-EIGHT OF THE UNITED
STATES CODE AND THE COURTS-MARTIAL OF THE ARMED FORCES OF THE UNITED
STATES.
10. "FREIGHT" SHALL MEAN FREIGHT WHICH HAS BEEN, OR WILL BE, CARRIED
BY OR CONSIGNED FOR CARRIAGE BY A CARRIER OF FREIGHT BY WATER.
11. "HIRING AGENT" SHALL MEAN ANY NATURAL PERSON, WHO ON BEHALF OF A
CARRIER OF FREIGHT BY WATER OR A STEVEDORE OR ANY OTHER PERSON SHALL
SELECT ANY LONGSHOREMAN FOR EMPLOYMENT.
12. "LONGSHOREMAN" SHALL MEAN: (A) A NATURAL PERSON, OTHER THAN A
HIRING AGENT, WHO IS EMPLOYED FOR WORK AT A PIER OR OTHER WATERFRONT
TERMINAL, EITHER BY A CARRIER OF FREIGHT BY WATER OR BY A STEVEDORE TO:
(1) PHYSICALLY MOVE WATERBORNE FREIGHT ON VESSELS BERTHED AT PIERS, ON
PIERS OR AT OTHER WATERFRONT TERMINALS; OR
(2) ENGAGE IN DIRECT AND IMMEDIATE CHECKING OF ANY SUCH FREIGHT OR OF
THE CUSTODIAL ACCOUNTING THEREFOR OR IN THE RECORDING OR TABULATION OF
S. 8308--A 31 A. 8808--A
THE HOURS WORKED AT PIERS OR OTHER WATERFRONT TERMINALS BY NATURAL
PERSONS EMPLOYED BY CARRIERS OF FREIGHT BY WATER OR STEVEDORES; OR
(3) SUPERVISE DIRECTLY AND IMMEDIATELY OTHERS WHO ARE EMPLOYED AS IN
SUBPARAGRAPH ONE OF THIS PARAGRAPH; OR
(4) PHYSICALLY PERFORM LABOR OR SERVICES INCIDENTAL TO THE MOVEMENT OF
WATERBORNE FREIGHT ON VESSELS BERTHED AT PIERS, ON PIERS OR AT OTHER
WATERFRONT TERMINALS, INCLUDING, BUT NOT LIMITED TO, CARGO REPAIRMEN,
COOPERS, GENERAL MAINTENANCE MEN, MECHANICAL AND MISCELLANEOUS WORKERS,
HORSE AND CATTLE FITTERS, GRAIN CEILERS AND MARINE CARPENTERS; OR
(B) A NATURAL PERSON, OTHER THAN A HIRING AGENT, WHO IS EMPLOYED FOR
WORK AT A PIER OR OTHER WATERFRONT TERMINAL BY ANY PERSON TO:
(1) PHYSICALLY MOVE WATERBORNE FREIGHT TO OR FROM A BARGE, LIGHTER OR
RAILROAD CAR FOR TRANSFER TO OR FROM A VESSEL OF A CARRIER OF FREIGHT BY
WATER WHICH IS, SHALL BE, OR SHALL HAVE BEEN BERTHED AT THE SAME PIER OR
OTHER WATERFRONT TERMINAL; OR
(2) PERFORM LABOR OR SERVICES INVOLVING, OR INCIDENTAL TO, THE MOVE-
MENT OF FREIGHT AT A WATERFRONT TERMINAL AS DEFINED IN SUBDIVISION
FIFTEEN OF THIS SECTION.
13. "LONGSHOREMEN'S REGISTER" SHALL MEAN THE REGISTER OF ELIGIBLE
LONGSHOREMEN COMPILED AND MAINTAINED BY THE COMMISSION PURSUANT TO
SECTION FIVE HUNDRED THIRTY-FOUR-I OF THIS ARTICLE.
14. "MARINE TERMINAL" SHALL MEAN AN AREA WHICH INCLUDES PIERS, WHICH
IS USED PRIMARILY FOR THE MOVING, WAREHOUSING, DISTRIBUTING OR PACKING
OF WATERBORNE FREIGHT OR FREIGHT TO OR FROM SUCH PIERS, AND WHICH,
INCLUSIVE OF SUCH PIERS, IS UNDER COMMON OWNERSHIP OR CONTROL.
15. "OTHER WATERFRONT TERMINAL" SHALL INCLUDE:
(A) ANY WAREHOUSE, DEPOT OR OTHER TERMINAL (OTHER THAN A PIER) WHICH
IS LOCATED WITHIN ONE THOUSAND YARDS OF ANY PIER IN THE PORT OF NEW YORK
DISTRICT IN THIS STATE AND WHICH IS USED FOR WATERBORNE FREIGHT IN WHOLE
OR SUBSTANTIAL PART; OR
(B) ANY WAREHOUSE, DEPOT OR OTHER TERMINAL (OTHER THAN A PIER), WHETH-
ER ENCLOSED OR OPEN, WHICH IS LOCATED IN A MARINE TERMINAL IN THE PORT
OF NEW YORK DISTRICT IN THIS STATE AND ANY PART OF WHICH IS USED BY ANY
PERSON TO PERFORM LABOR OR SERVICES INVOLVING, OR INCIDENTAL TO, THE
MOVEMENT OF WATERBORNE FREIGHT OR FREIGHT.
16. "PERSON" SHALL MEAN NOT ONLY A NATURAL PERSON BUT ALSO ANY PART-
NERSHIP, JOINT VENTURE, ASSOCIATION, CORPORATION OR ANY OTHER LEGAL
ENTITY BUT SHALL NOT INCLUDE THE UNITED STATES, ANY STATE OR TERRITORY
THEREOF OR ANY DEPARTMENT, DIVISION, BOARD, COMMISSION OR AUTHORITY OF
ONE OR MORE OF THE FOREGOING.
17. "PIER" SHALL INCLUDE ANY WHARF, PIER, DOCK OR QUAY.
18. "PIER SUPERINTENDENT" SHALL MEAN ANY NATURAL PERSON OTHER THAN A
LONGSHOREMAN WHO IS EMPLOYED FOR WORK AT A PIER OR OTHER WATERFRONT
TERMINAL BY A CARRIER OF FREIGHT BY WATER OR A STEVEDORE AND WHOSE WORK
AT SUCH PIER OR OTHER WATERFRONT TERMINAL INCLUDES THE SUPERVISION,
DIRECTLY OR INDIRECTLY, OF THE WORK OF LONGSHOREMEN.
19. "PORT OF NEW YORK DISTRICT" SHALL MEAN THE DISTRICT CREATED BY
ARTICLE II OF THE COMPACT DATED APRIL THIRTIETH, NINETEEN HUNDRED TWEN-
TY-ONE, BETWEEN THE STATES OF NEW YORK AND NEW JERSEY, AUTHORIZED BY
CHAPTER ONE HUNDRED FIFTY-FOUR OF THE LAWS OF NEW YORK OF NINETEEN
HUNDRED TWENTY-ONE AND CHAPTER ONE HUNDRED FIFTY-ONE OF THE LAWS OF NEW
JERSEY OF NINETEEN HUNDRED TWENTY-ONE.
20. "PORT WATCHMAN" SHALL INCLUDE ANY WATCHMAN, GATEMAN, ROUNDSMAN,
DETECTIVE, GUARD, GUARDIAN OR PROTECTOR OF PROPERTY EMPLOYED BY THE
OPERATOR OF ANY PIER OR OTHER WATERFRONT TERMINAL OR BY A CARRIER OF
S. 8308--A 32 A. 8808--A
FREIGHT BY WATER TO PERFORM SERVICES IN SUCH CAPACITY ON ANY PIER OR
OTHER WATERFRONT TERMINAL.
21. THE TERM "SELECT ANY LONGSHOREMAN FOR EMPLOYMENT" IN THE DEFI-
NITION OF A HIRING AGENT IN THIS SECTION SHALL INCLUDE SELECTION OF A
PERSON FOR THE COMMENCEMENT OR CONTINUATION OF EMPLOYMENT AS A LONG-
SHOREMAN, OR THE DENIAL OR TERMINATION OF EMPLOYMENT AS A LONGSHOREMAN.
22. "STEVEDORE" SHALL MEAN:
(A) A CONTRACTOR (NOT INCLUDING AN EMPLOYEE) ENGAGED FOR COMPENSATION
PURSUANT TO A CONTRACT OR ARRANGEMENT WITH A CARRIER OF FREIGHT BY
WATER, IN MOVING WATERBORNE FREIGHT CARRIED OR CONSIGNED FOR CARRIAGE BY
SUCH CARRIER ON VESSELS OF SUCH CARRIER BERTHED AT PIERS, ON PIERS AT
WHICH SUCH VESSELS ARE BERTHED OR AT OTHER WATERFRONT TERMINALS; OR
(B) A CONTRACTOR ENGAGED FOR COMPENSATION PURSUANT TO A CONTRACT OR
ARRANGEMENT WITH THE UNITED STATES, ANY STATE OR TERRITORY THEREOF, OR
ANY DEPARTMENT, DIVISION, BOARD, COMMISSION OR AUTHORITY OF ONE OR MORE
OF THE FOREGOING, IN MOVING FREIGHT CARRIED OR CONSIGNED FOR CARRIAGE
BETWEEN ANY POINT IN THE PORT OF NEW YORK DISTRICT AND A POINT OUTSIDE
SAID DISTRICT ON VESSELS OF SUCH A PUBLIC AGENCY BERTHED AT PIERS, ON
PIERS AT WHICH SUCH VESSELS ARE BERTHED OR AT OTHER WATERFRONT TERMI-
NALS; OR
(C) A CONTRACTOR (NOT INCLUDING AN EMPLOYEE) ENGAGED FOR COMPENSATION
PURSUANT TO A CONTRACT OR ARRANGEMENT WITH ANY PERSON TO PERFORM LABOR
OR SERVICES INCIDENTAL TO THE MOVEMENT OF WATERBORNE FREIGHT ON VESSELS
BERTHED AT PIERS, ON PIERS OR AT OTHER WATERFRONT TERMINALS, INCLUDING,
BUT NOT LIMITED TO, CARGO STORAGE, CARGO REPAIRING, COOPERING, GENERAL
MAINTENANCE, MECHANICAL AND MISCELLANEOUS WORK, HORSE AND CATTLE
FITTING, GRAIN CEILING, AND MARINE CARPENTRY; OR
(D) A CONTRACTOR (NOT INCLUDING AN EMPLOYEE) ENGAGED FOR COMPENSATION
PURSUANT TO A CONTRACT OR ARRANGEMENT WITH ANY OTHER PERSON TO PERFORM
LABOR OR SERVICES INVOLVING, OR INCIDENTAL TO, THE MOVEMENT OF FREIGHT
INTO OR OUT OF CONTAINERS (WHICH HAVE BEEN OR WHICH WILL BE CARRIED BY A
CARRIER OF FREIGHT BY WATER) ON VESSELS BERTHED AT PIERS, ON PIERS OR AT
OTHER WATERFRONT TERMINALS.
23. "TERRORIST GROUP" SHALL MEAN A GROUP ASSOCIATED, AFFILIATED OR
FUNDED IN WHOLE OR IN PART BY A TERRORIST ORGANIZATION DESIGNATED BY THE
SECRETARY OF STATE IN ACCORDANCE WITH SECTION TWO HUNDRED NINETEEN OF
THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED FROM TIME TO TIME, OR
ANY OTHER ORGANIZATION WHICH ASSISTS, FUNDS OR ENGAGES IN ACTS OF
TERRORISM AS DEFINED IN THE LAWS OF THE UNITED STATES, OR OF THE STATE
OF NEW YORK, INCLUDING, BUT NOT LIMITED TO, SUBDIVISION ONE OF SECTION
490.05 OF THE PENAL LAW.
24. "WATERBORNE FREIGHT" SHALL MEAN FREIGHT CARRIED BY OR CONSIGNED
FOR CARRIAGE BY CARRIERS OF FREIGHT BY WATER, AND SHALL ALSO INCLUDE
FREIGHT DESCRIBED IN SUBDIVISION FIFTEEN AND PARAGRAPHS (B) AND (D) OF
SUBDIVISION TWENTY-TWO OF THIS SECTION, AND SHIPS' STORES, BAGGAGE AND
MAIL CARRIED BY OR CONSIGNED FOR CARRIAGE BY CARRIERS OF FREIGHT BY
WATER.
25. "WITNESS" SHALL MEAN ANY PERSON WHOSE TESTIMONY IS DESIRED IN ANY
INVESTIGATION, INTERVIEW OR OTHER PROCEEDING CONDUCTED BY THE COMMISSION
PURSUANT TO THE PROVISIONS OF SECTION FIVE HUNDRED THIRTY-FOUR OF THIS
ARTICLE.
§ 534-C. NEW YORK WATERFRONT COMMISSION ESTABLISHED. 1. THERE IS HERE-
BY CREATED THE NEW YORK WATERFRONT COMMISSION, WHICH SHALL BE IN THE
EXECUTIVE DEPARTMENT OF THIS STATE AND MAY REQUEST, RECEIVE, AND UTILIZE
FACILITIES, RESOURCES AND DATA OF ANY DEPARTMENT, DIVISION, BOARD,
BUREAU, COMMISSION, AGENCY OR PUBLIC AUTHORITY OF THE STATE OR ANY POLI-
S. 8308--A 33 A. 8808--A
TICAL SUBDIVISION THEREOF AS IT MAY REASONABLY REQUEST TO CARRY OUT
PROPERLY ITS POWERS AND DUTIES.
2. THE COMMISSION SHALL CONSIST OF THE COMMISSIONER APPOINTED BY THE
GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, AND SHALL RECEIVE
COMPENSATION TO BE FIXED BY THE GOVERNOR OF THIS STATE. THE TERM OF
OFFICE OF SUCH COMMISSIONER SHALL BE FOR THREE YEARS; PROVIDED, HOWEVER,
THAT A COMMISSIONER SERVING ON THE BI-STATE COMMISSION AT THE TIME OF
ITS DISSOLUTION ON THE SEVENTEENTH OF JULY TWO THOUSAND TWENTY-THREE WHO
WAS APPOINTED BY THE GOVERNOR OF NEW YORK TO SUCH POSITION, MAY SERVE AS
ACTING COMMISSIONER OF THE NEW YORK WATERFRONT COMMISSION UNTIL SUCH
TIME AS A COMMISSIONER IS APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND
CONSENT OF THE SENATE, PURSUANT TO THIS SUBDIVISION. A COMMISSIONER
SHALL HOLD OFFICE UNTIL THAT COMMISSIONER'S SUCCESSOR HAS BEEN APPOINTED
AND QUALIFIED. VACANCIES IN OFFICE SHALL BE FILLED FOR THE BALANCE OF
THE UNEXPIRED TERM IN THE SAME MANNER AS ORIGINAL APPOINTMENTS.
3. A COMMISSIONER MAY, BY WRITTEN INSTRUMENT FILED IN THE OFFICE OF
THE COMMISSION, DESIGNATE ANY OFFICER OR EMPLOYEE OF THE COMMISSION TO
ACT IN THAT COMMISSIONER'S PLACE. A VACANCY IN THE OFFICE OF A COMMIS-
SIONER SHALL NOT IMPAIR SUCH DESIGNATION UNTIL THE VACANCY SHALL HAVE
BEEN FILLED.
§ 534-D. GENERAL POWERS OF THE COMMISSION. IN ADDITION TO THE POWERS
AND DUTIES ELSEWHERE PRESCRIBED HEREIN, THE COMMISSION SHALL HAVE THE
POWER:
1. TO SUE AND BE SUED.
2. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE.
3. TO ACQUIRE, HOLD AND DISPOSE OF REAL AND PERSONAL PROPERTY BY GIFT,
PURCHASE, LEASE, LICENSE OR OTHER SIMILAR MANNER, FOR ITS CORPORATE
PURPOSES.
4. TO DETERMINE THE LOCATION, SIZE AND SUITABILITY OF ACCOMMODATIONS
NECESSARY AND DESIRABLE FOR THE ESTABLISHMENT AND MAINTENANCE OF THE
EMPLOYMENT INFORMATION CENTERS PROVIDED IN SECTION FIVE HUNDRED THIRTY-
FOUR-O OF THIS ARTICLE AND FOR ADMINISTRATIVE OFFICES FOR THE COMMIS-
SION.
5. TO ADMINISTER AND ENFORCE THE PROVISIONS OF THIS ACT.
6. TO PROMULGATE AND ENFORCE SUCH RULES AND REGULATIONS AS THE COMMIS-
SION MAY DEEM NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ACT OR TO
PREVENT THE CIRCUMVENTION OR EVASION THEREOF. AS USED IN THIS ACT,
"REGULATIONS" INCLUDE THOSE RULES AND REGULATIONS OF THE BI-STATE
COMMISSION WHICH SHALL CONTINUE IN EFFECT AS THE RULES AND REGULATIONS
OF THE COMMISSION UNTIL AMENDED, SUPPLEMENTED, OR RESCINDED BY THE
COMMISSION PURSUANT TO THE STATE ADMINISTRATIVE PROCEDURE ACT. PREVI-
OUSLY PROMULGATED REGULATIONS INCONSISTENT WITH THE PROVISIONS OF THIS
ACT SHALL BE DEEMED VOID.
7. TO APPOINT SUCH OFFICERS, AGENTS AND EMPLOYEES AS IT MAY DEEM
NECESSARY, PRESCRIBE THEIR POWERS, DUTIES AND QUALIFICATIONS AND FIX
THEIR COMPENSATION AND RETAIN AND EMPLOY COUNSEL AND PRIVATE CONSULTANTS
ON A CONTRACT BASIS OR OTHERWISE.
8. BY ITS COMMISSIONER AND ITS PROPERLY DESIGNATED OFFICERS, AGENTS
AND EMPLOYEES, TO ADMINISTER OATHS AND ISSUE SUBPOENAS TO COMPEL THE
ATTENDANCE OF WITNESSES AND THE GIVING OF TESTIMONY AND THE PRODUCTION
OF OTHER EVIDENCE.
9. TO HAVE FOR ITS COMMISSIONER AND ITS PROPERLY DESIGNATED OFFICERS,
AGENTS AND EMPLOYEES, FULL AND FREE ACCESS, INGRESS AND EGRESS TO AND
FROM ALL VESSELS, PIERS AND OTHER WATERFRONT TERMINALS OR OTHER PLACES
IN THE PORT OF NEW YORK DISTRICT IN THIS STATE, FOR THE PURPOSES OF
MAKING INSPECTION OR ENFORCING THE PROVISIONS OF THIS ACT; AND NO PERSON
S. 8308--A 34 A. 8808--A
SHALL OBSTRUCT OR IN ANY WAY INTERFERE WITH ANY SUCH COMMISSIONER, OFFI-
CER, EMPLOYEE OR AGENT IN THE MAKING OF SUCH INSPECTION, OR IN THE
ENFORCEMENT OF THE PROVISIONS OF THIS ACT OR IN THE PERFORMANCE OF ANY
OTHER POWER OR DUTY UNDER THIS ACT.
10. TO RECOVER POSSESSION OF ANY SUSPENDED OR REVOKED LICENSE ISSUED
UNDER THIS ACT.
11. TO MAKE INVESTIGATIONS, COLLECT AND COMPILE INFORMATION CONCERNING
WATERFRONT PRACTICES GENERALLY WITHIN THE PORT OF NEW YORK DISTRICT IN
THIS STATE AND UPON ALL MATTERS RELATING TO THE ACCOMPLISHMENT OF THE
OBJECTIVES OF THIS ACT.
12. TO ADVISE AND CONSULT WITH REPRESENTATIVES OF LABOR AND INDUSTRY
AND WITH PUBLIC OFFICIALS AND AGENCIES CONCERNED WITH THE EFFECTUATION
OF THE PURPOSES OF THIS ACT, UPON ALL MATTERS WHICH THE COMMISSION MAY
DESIRE, INCLUDING BUT NOT LIMITED TO THE FORM AND SUBSTANCE OF RULES AND
REGULATIONS, THE ADMINISTRATION OF THE ACT, MAINTENANCE OF THE
LONGSHOREMEN'S REGISTER, AND ISSUANCE AND REVOCATION OF LICENSES.
13. TO MAKE ANNUAL AND OTHER REPORTS TO THE GOVERNOR AND LEGISLATURE
CONTAINING RECOMMENDATIONS FOR THE IMPROVEMENT OF THE CONDITIONS OF
WATERFRONT LABOR WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE, FOR
THE ALLEVIATION OF THE EVILS DESCRIBED IN SECTION FIVE HUNDRED THIRTY-
FOUR-A OF THIS ARTICLE AND FOR THE EFFECTUATION OF THE PURPOSES OF THIS
ACT.
14. TO COOPERATE WITH AND RECEIVE FROM ANY DEPARTMENT, DIVISION,
BUREAU, BOARD, COMMISSION, OR AGENCY OF THIS STATE, OR OF ANY COUNTY OR
MUNICIPALITY THEREOF, SUCH ASSISTANCE AND DATA AS WILL ENABLE IT PROPER-
LY TO CARRY OUT ITS POWERS AND DUTIES HEREUNDER; AND TO REQUEST ANY SUCH
DEPARTMENT, DIVISION, BUREAU, BOARD, COMMISSION, OR AGENCY, WITH THE
CONSENT THEREOF, TO EXECUTE SUCH OF ITS FUNCTIONS AND POWERS, AS THE
PUBLIC INTEREST MAY REQUIRE.
15. TO DESIGNATE OFFICERS, EMPLOYEES AND AGENTS WHO MAY EXERCISE THE
POWERS AND DUTIES OF THE COMMISSION EXCEPT THE POWER TO MAKE RULES AND
REGULATIONS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE OFFICERS,
EMPLOYEES AND AGENTS OF THE COMMISSION ESTABLISHED BY THIS ACT MAY BE
APPOINTED OR EMPLOYED WITHOUT REGARD TO THEIR STATE OF RESIDENCE.
16. TO ISSUE TEMPORARY PERMITS AND PERMIT TEMPORARY REGISTRATIONS
UNDER SUCH TERMS AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE WHICH
SHALL BE VALID FOR A PERIOD TO BE FIXED BY THE COMMISSION NOT IN EXCESS
OF SIX MONTHS.
17. TO REQUIRE ANY APPLICANT FOR A LICENSE OR REGISTRATION OR ANY
PROSPECTIVE LICENSEE TO FURNISH SUCH FACTS AND EVIDENCE AS THE COMMIS-
SION MAY DEEM APPROPRIATE TO ENABLE IT TO ASCERTAIN WHETHER THE LICENSE
OR REGISTRATION SHOULD BE GRANTED.
18. IN ANY CASE IN WHICH THE COMMISSION HAS THE POWER TO REVOKE OR
SUSPEND ANY STEVEDORE LICENSE THE COMMISSION SHALL ALSO HAVE THE POWER
TO IMPOSE AS AN ALTERNATIVE TO SUCH REVOCATION OR SUSPENSION, A PENALTY,
WHICH THE LICENSEE MAY ELECT TO PAY TO THE COMMISSION IN LIEU OF THE
REVOCATION OR SUSPENSION. THE MAXIMUM PENALTY SHALL BE FIVE THOUSAND
DOLLARS FOR EACH SEPARATE OFFENSE. THE COMMISSION MAY, FOR GOOD CAUSE
SHOWN, ABATE ALL OR PART OF SUCH PENALTY.
19. TO DESIGNATE ANY OFFICER, AGENT OR EMPLOYEE OF THE COMMISSION TO
BE AN INVESTIGATOR WHO SHALL BE VESTED WITH ALL THE POWERS OF A PEACE OR
POLICE OFFICER OF THE STATE OF NEW YORK.
20. TO CONFER IMMUNITY, IN THE MANNER PRESCRIBED BY SUBDIVISION ONE OF
SECTION FIVE HUNDRED THIRTY-FOUR-V OF THIS ARTICLE.
21. TO REQUIRE ANY APPLICANT FOR REGISTRATION AS A LONGSHOREMAN, ANY
APPLICANT FOR REGISTRATION AS A CHECKER OR ANY APPLICANT FOR REGISTRA-
S. 8308--A 35 A. 8808--A
TION AS A TELECOMMUNICATIONS SYSTEM CONTROLLER AND ANY PERSON WHO IS
SPONSORED FOR A LICENSE AS A PIER SUPERINTENDENT OR HIRING AGENT, ANY
PERSON WHO IS AN INDIVIDUAL OWNER OF AN APPLICANT STEVEDORE OR ANY
PERSONS WHO ARE INDIVIDUAL PARTNERS OF AN APPLICANT STEVEDORE, OR ANY
OFFICERS, DIRECTORS OR STOCKHOLDERS OWNING FIVE PERCENT OR MORE OF ANY
OF THE STOCK OF AN APPLICANT CORPORATE STEVEDORE OR ANY APPLICANT FOR A
LICENSE AS A PORT WATCHMAN OR ANY OTHER CATEGORY OF APPLICANT FOR REGIS-
TRATION OR LICENSING WITHIN THE COMMISSION'S JURISDICTION TO BE FINGER-
PRINTED BY THE COMMISSION AT THE COST AND EXPENSE OF THE APPLICANT.
22. TO EXCHANGE FINGERPRINT DATA WITH AND RECEIVE STATE CRIMINAL
HISTORY RECORD INFORMATION FROM THE DIVISION OF CRIMINAL JUSTICE
SERVICES AND FEDERAL CRIMINAL HISTORY RECORD INFORMATION FROM THE FEDER-
AL BUREAU OF INVESTIGATION FOR USE IN MAKING THE DETERMINATIONS REQUIRED
BY THIS ACT.
23. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, TO
REQUIRE ANY APPLICANT FOR EMPLOYMENT OR EMPLOYEE OF THE COMMISSION TO BE
FINGERPRINTED AND TO EXCHANGE FINGERPRINT DATA WITH AND RECEIVE STATE
CRIMINAL HISTORY RECORD INFORMATION FROM THE DIVISION OF CRIMINAL
JUSTICE SERVICES AND FEDERAL CRIMINAL HISTORY INFORMATION FROM THE
FEDERAL BUREAU OF INVESTIGATION FOR USE IN THE HIRING OR RETENTION OF
SUCH PERSON.
24. TO COOPERATE WITH A SIMILAR ENTITY ESTABLISHED IN THE STATE OF NEW
JERSEY, TO EXCHANGE INFORMATION ON ANY MATTER PERTINENT TO THE PURPOSES
OF THIS ACT, AND TO ENTER INTO RECIPROCAL AGREEMENTS FOR THE ACCOMPLISH-
MENT OF SUCH PURPOSES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING OBJEC-
TIVES:
(A) TO GIVE RECIPROCAL EFFECT TO ANY REVOCATION, SUSPENSION OR REPRI-
MAND WITH RESPECT TO ANY LICENSEE, AND ANY REPRIMAND OR REMOVAL FROM A
LONGSHOREMEN'S REGISTER;
(B) TO PROVIDE THAT ANY ACT OR OMISSION BY A LICENSEE OR REGISTRANT IN
EITHER STATE WHICH WOULD BE A BASIS FOR DISCIPLINARY ACTION AGAINST SUCH
LICENSEE OR REGISTRANT IF IT OCCURRED IN THE STATE IN WHICH THE LICENSE
WAS ISSUED OR THE PERSON REGISTERED SHALL BE THE BASIS FOR DISCIPLINARY
ACTION IN BOTH STATES; AND
(C) TO PROVIDE THAT LONGSHOREMEN REGISTERED IN EITHER STATE, WHO
PERFORM WORK OR WHO APPLY FOR WORK AT AN EMPLOYMENT INFORMATION CENTER
WITHIN THE OTHER STATE, SHALL BE DEEMED TO HAVE PERFORMED WORK OR TO
HAVE APPLIED FOR WORK IN THE STATE IN WHICH THEY ARE REGISTERED.
§ 534-E. DESIGNATION AS AGENT OF THE STATE. 1. THE COMMISSION IS HERE-
BY DESIGNATED ON ITS OWN BEHALF OR AS AGENT OF THE STATE OF NEW YORK, AS
PROVIDED BY THE ACT OF CONGRESS OF THE UNITED STATES, EFFECTIVE JUNE
SIXTH, ONE THOUSAND NINE HUNDRED AND THIRTY-THREE, ENTITLED "AN ACT TO
PROVIDE FOR THE ESTABLISHMENT OF A NATIONAL EMPLOYMENT SYSTEM AND FOR
CO-OPERATION WITH THE STATES IN THE PROMOTION OF SUCH SYSTEM AND FOR
OTHER PURPOSES," AS AMENDED, FOR THE PURPOSE OF OBTAINING SUCH BENEFITS
OF SUCH ACT OF CONGRESS AS ARE NECESSARY OR APPROPRIATE TO THE ESTAB-
LISHMENT AND OPERATION OF EMPLOYMENT INFORMATION CENTERS AUTHORIZED BY
SECTION ONE OF THIS ACT.
2. THE COMMISSION SHALL HAVE ALL POWERS NECESSARY TO COOPERATE WITH
APPROPRIATE OFFICERS OR AGENCIES OF THIS STATE OR THE UNITED STATES, TO
TAKE SUCH STEPS, TO FORMULATE SUCH PLANS, AND TO EXECUTE SUCH PROJECTS
(INCLUDING BUT NOT LIMITED TO THE ESTABLISHMENT AND OPERATION OF EMPLOY-
MENT INFORMATION CENTERS) AS MAY BE NECESSARY TO OBTAIN SUCH BENEFITS
FOR THE OPERATIONS OF THE COMMISSION IN ACCOMPLISHING THE PURPOSES OF
THIS ACT.
S. 8308--A 36 A. 8808--A
3. ANY OFFICER OR AGENCY DESIGNATED BY THIS STATE PURSUANT TO SAID ACT
OF JUNE SIXTH, NINETEEN HUNDRED THIRTY-THREE, AS AMENDED, IS AUTHORIZED
AND EMPOWERED, UPON THE REQUEST OF THE COMMISSION AND SUBJECT TO ITS
DIRECTION, TO EXERCISE THE POWERS AND DUTIES CONFERRED UPON THE COMMIS-
SION BY THE PROVISIONS OF THIS SECTION.
§ 534-F. PIER SUPERINTENDENTS AND HIRING AGENTS. 1. NO PERSON SHALL
ACT AS A PIER SUPERINTENDENT OR AS A HIRING AGENT WITHIN THE PORT OF NEW
YORK DISTRICT IN THIS STATE WITHOUT FIRST HAVING OBTAINED FROM THE
COMMISSION OR PREVIOUSLY, FROM THE BI-STATE COMMISSION, A LICENSE TO ACT
AS SUCH PIER SUPERINTENDENT OR HIRING AGENT, AS THE CASE MAY BE, AND NO
PERSON SHALL EMPLOY OR ENGAGE ANOTHER PERSON TO ACT AS A PIER SUPER-
INTENDENT OR HIRING AGENT WHO IS NOT SO LICENSED.
2. A LICENSE TO ACT AS A PIER SUPERINTENDENT OR HIRING AGENT SHALL BE
ISSUED ONLY UPON THE WRITTEN APPLICATION, UNDER OATH, OF THE PERSON
PROPOSING TO EMPLOY OR ENGAGE ANOTHER PERSON TO ACT AS SUCH PIER SUPER-
INTENDENT OR HIRING AGENT, VERIFIED BY THE PROSPECTIVE LICENSEE AS TO
THE MATTERS CONCERNING THAT PERSON, AND SHALL STATE THE FOLLOWING:
(A) THE FULL NAME AND BUSINESS ADDRESS OF THE APPLICANT;
(B) THE FULL NAME, RESIDENCE, BUSINESS ADDRESS (IF ANY), PLACE AND
DATE OF BIRTH AND SOCIAL SECURITY NUMBER OF THE PROSPECTIVE LICENSEE;
(C) THE PRESENT AND PREVIOUS OCCUPATIONS OF THE PROSPECTIVE LICENSEE,
INCLUDING THE PLACES WHERE THE PERSON WAS EMPLOYED AND THE NAMES OF THE
PERSON'S EMPLOYERS;
(D) SUCH FURTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE COMMIS-
SION TO ASCERTAIN THE CHARACTER, INTEGRITY AND IDENTITY OF THE PROSPEC-
TIVE LICENSEE; AND
(E) THAT IF A LICENSE IS ISSUED TO THE PROSPECTIVE LICENSEE, THE
APPLICANT WILL EMPLOY SUCH LICENSEE AS PIER SUPERINTENDENT OR HIRING
AGENT, AS THE CASE MAY BE.
3. NO SUCH LICENSE SHALL BE GRANTED:
(A) UNLESS THE COMMISSION SHALL BE SATISFIED THAT THE PROSPECTIVE
LICENSEE POSSESSES GOOD CHARACTER AND INTEGRITY;
(B) IF THE PROSPECTIVE LICENSEE HAS, WITHOUT SUBSEQUENT PARDON, BEEN
CONVICTED BY A COURT OF THE UNITED STATES, OR ANY STATE OR TERRITORY
THEREOF, OF THE COMMISSION OF, OR THE ATTEMPT OR CONSPIRACY TO COMMIT,
TREASON, MURDER, MANSLAUGHTER OR ANY CRIME PUNISHABLE BY DEATH OR IMPRI-
SONMENT FOR A TERM EXCEEDING ONE YEAR OR ANY OF THE FOLLOWING MISDEMEA-
NORS OR OFFENSES: ILLEGALLY USING, CARRYING OR POSSESSING A PISTOL OR
OTHER DANGEROUS WEAPON; MAKING OR POSSESSING BURGLAR'S INSTRUMENTS;
BUYING OR RECEIVING STOLEN PROPERTY; UNLAWFUL ENTRY OF A BUILDING;
AIDING AN ESCAPE FROM PRISON; UNLAWFULLY POSSESSING, POSSESSING WITH
INTENT TO DISTRIBUTE, SALE OR DISTRIBUTION OF A CONTROLLED DANGEROUS
SUBSTANCE (CONTROLLED SUBSTANCE) OR A CONTROLLED DANGEROUS SUBSTANCE
ANALOG; AND VIOLATION OF THIS ACT. ANY SUCH PROSPECTIVE LICENSEE INELI-
GIBLE FOR A LICENSE BY REASON OF ANY SUCH CONVICTION MAY SUBMIT SATIS-
FACTORY EVIDENCE TO THE COMMISSION THAT SUCH PERSON HAS FOR A PERIOD OF
NOT LESS THAN FIVE YEARS, MEASURED AS HEREINAFTER PROVIDED, AND UP TO
THE TIME OF APPLICATION, SO ACTED IN A MANNER AS TO WARRANT THE GRANT OF
SUCH LICENSE, IN WHICH EVENT THE COMMISSION MAY, IN ITS DISCRETION,
ISSUE AN ORDER REMOVING SUCH INELIGIBILITY. THE AFORESAID PERIOD OF FIVE
YEARS SHALL BE MEASURED EITHER FROM THE DATE OF PAYMENT OF ANY FINE
IMPOSED UPON SUCH PERSON OR THE SUSPENSION OF SENTENCE OR FROM THE DATE
OF THE PERSON'S UNREVOKED RELEASE FROM CUSTODY BY PAROLE, COMMUTATION OR
TERMINATION OF SENTENCE;
(C) IF THE PROSPECTIVE LICENSEE KNOWINGLY OR WILLFULLY ADVOCATES THE
DESIRABILITY OF OVERTHROWING OR DESTROYING THE GOVERNMENT OF THE UNITED
S. 8308--A 37 A. 8808--A
STATES BY FORCE OR VIOLENCE OR SHALL BE A MEMBER OF A GROUP WHICH ADVO-
CATES SUCH DESIRABILITY, KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH
ADVOCACY.
4. WHEN THE APPLICATION SHALL HAVE BEEN EXAMINED AND SUCH FURTHER
INQUIRY AND INVESTIGATION MADE AS THE COMMISSION SHALL DEEM PROPER AND
WHEN THE COMMISSION SHALL BE SATISFIED THEREFROM THAT THE PROSPECTIVE
LICENSEE POSSESSES THE QUALIFICATIONS AND REQUIREMENTS PRESCRIBED IN
THIS SECTION, THE COMMISSION SHALL ISSUE AND DELIVER TO THE PROSPECTIVE
LICENSEE A LICENSE TO ACT AS PIER SUPERINTENDENT OR HIRING AGENT FOR THE
APPLICANT, AS THE CASE MAY BE, AND SHALL INFORM THE APPLICANT OF THIS
ACTION. THE COMMISSION MAY ISSUE A TEMPORARY PERMIT TO ANY PROSPECTIVE
LICENSEE FOR A LICENSE UNDER THE PROVISIONS OF THIS ARTICLE PENDING
FINAL ACTION ON AN APPLICATION MADE FOR SUCH A LICENSE. ANY SUCH PERMIT
SHALL BE VALID FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
5. NO PERSON SHALL BE LICENSED TO ACT AS A PIER SUPERINTENDENT OR
HIRING AGENT FOR MORE THAN ONE EMPLOYER, EXCEPT AT A SINGLE PIER OR
OTHER WATERFRONT TERMINAL, BUT NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO LIMIT IN ANY WAY THE NUMBER OF PIER SUPERINTENDENTS OR
HIRING AGENTS ANY EMPLOYER MAY EMPLOY.
6. A LICENSE GRANTED PURSUANT TO THIS SECTION SHALL CONTINUE THROUGH
THE DURATION OF THE LICENSEE'S EMPLOYMENT BY THE EMPLOYER WHO SHALL HAVE
APPLIED FOR THE PERSON'S LICENSE.
7. ANY LICENSE ISSUED PURSUANT TO THIS SECTION MAY BE REVOKED OR
SUSPENDED FOR SUCH PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST
OR THE LICENSEE THEREUNDER MAY BE REPRIMANDED FOR ANY OF THE FOLLOWING
OFFENSES:
(A) CONVICTION OF A CRIME OR ACT BY THE LICENSEE OR OTHER CAUSE WHICH
WOULD REQUIRE OR PERMIT THE PERSON'S DISQUALIFICATION FROM RECEIVING A
LICENSE UPON ORIGINAL APPLICATION;
(B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING THE LICENSE, OR IN
THE CONDUCT OF THE LICENSED ACTIVITY;
(C) VIOLATION OF ANY OF THE PROVISIONS OF THIS ACT;
(D) UNLAWFULLY POSSESSING, POSSESSION WITH INTENT TO DISTRIBUTE, SALE
OR DISTRIBUTION OF A CONTROLLED DANGEROUS SUBSTANCE (CONTROLLED
SUBSTANCE) OR A CONTROLLED DANGEROUS SUBSTANCE ANALOG (CONTROLLED
SUBSTANCE ANALOG);
(E) EMPLOYING, HIRING OR PROCURING ANY PERSON IN VIOLATION OF THIS ACT
OR INDUCING OR OTHERWISE AIDING OR ABETTING ANY PERSON TO VIOLATE THE
TERMS OF THIS ACT;
(F) PAYING, GIVING, CAUSING TO BE PAID OR GIVEN OR OFFERING TO PAY OR
GIVE TO ANY PERSON ANY VALUABLE CONSIDERATION TO INDUCE SUCH OTHER
PERSON TO VIOLATE ANY PROVISION OF THIS ACT OR TO INDUCE ANY PUBLIC
OFFICER, AGENT OR EMPLOYEE TO FAIL TO PERFORM THE PERSON'S DUTY HERE-
UNDER;
(G) CONSORTING WITH KNOWN CRIMINALS FOR AN UNLAWFUL PURPOSE;
(H) TRANSFER OR SURRENDER OF POSSESSION OF THE LICENSE TO ANY PERSON
EITHER TEMPORARILY OR PERMANENTLY WITHOUT SATISFACTORY EXPLANATION;
(I) FALSE IMPERSONATION OF ANOTHER LICENSEE UNDER THIS ACT;
(J) RECEIPT OR SOLICITATION OF ANYTHING OF VALUE FROM ANY PERSON OTHER
THAN THE LICENSEE'S EMPLOYER AS CONSIDERATION FOR THE SELECTION OR
RETENTION FOR EMPLOYMENT OF ANY LONGSHOREMAN;
(K) COERCION OF A LONGSHOREMAN BY THREAT OF DISCRIMINATION OR VIOLENCE
OR ECONOMIC REPRISAL, TO MAKE PURCHASES FROM OR TO UTILIZE THE SERVICES
OF ANY PERSON;
(L) LENDING ANY MONEY TO OR BORROWING ANY MONEY FROM A LONGSHOREMAN
FOR WHICH THERE IS A CHARGE OF INTEREST OR OTHER CONSIDERATION; AND
S. 8308--A 38 A. 8808--A
(M) MEMBERSHIP IN A LABOR ORGANIZATION WHICH REPRESENTS LONGSHOREMEN
OR PORT WATCHMEN; BUT NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIB-
IT PIER SUPERINTENDENTS OR HIRING AGENTS FROM BEING REPRESENTED BY A
LABOR ORGANIZATION OR ORGANIZATIONS WHICH DO NOT ALSO REPRESENT LONG-
SHOREMEN OR PORT WATCHMEN. THE AMERICAN FEDERATION OF LABOR AND CONGRESS
OF INDUSTRIAL ORGANIZATIONS AND ANY OTHER SIMILAR FEDERATION, CONGRESS
OR OTHER ORGANIZATION OF NATIONAL OR INTERNATIONAL OCCUPATIONAL OR
INDUSTRIAL LABOR ORGANIZATIONS SHALL NOT BE CONSIDERED AN ORGANIZATION
WHICH REPRESENTS LONGSHOREMEN OR PORT WATCHMEN WITHIN THE MEANING OF
THIS SECTION ALTHOUGH ONE OF THE FEDERATED OR CONSTITUENT LABOR ORGAN-
IZATIONS THEREOF MAY REPRESENT LONGSHOREMEN OR PORT WATCHMEN.
8. ANY APPLICANT FOR PIER SUPERINTENDENT OR HIRING AGENT INELIGIBLE
FOR A LICENSE BY REASON OF THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVI-
SION THREE OF SECTION FIVE HUNDRED THIRTY-FOUR-F OF THIS ARTICLE MAY
PETITION FOR AND THE COMMISSION MAY ISSUE AN ORDER REMOVING THE INELIGI-
BILITY. A PETITION FOR AN ORDER TO REMOVE INELIGIBILITY MAY BE MADE TO
THE COMMISSION BEFORE OR AFTER THE HEARING REQUIRED BY SECTION FIVE
HUNDRED THIRTY-FOUR-N OF THIS ARTICLE.
§ 534-G. STEVEDORES. 1. NO PERSON SHALL ACT AS A STEVEDORE WITHIN THE
PORT OF NEW YORK DISTRICT IN THIS STATE WITHOUT HAVING FIRST OBTAINED A
LICENSE FROM THE COMMISSION OR PREVIOUSLY, FROM THE BI-STATE COMMISSION,
AND NO PERSON SHALL EMPLOY A STEVEDORE TO PERFORM SERVICES AS SUCH WITH-
IN THE PORT OF NEW YORK DISTRICT IN THIS STATE UNLESS THE STEVEDORE IS
SO LICENSED.
2. ANY PERSON INTENDING TO ACT AS A STEVEDORE WITHIN THE PORT OF NEW
YORK DISTRICT IN THIS STATE SHALL FILE IN THE OFFICE OF THE COMMISSION A
WRITTEN APPLICATION FOR A LICENSE TO ENGAGE IN SUCH OCCUPATION, DULY
SIGNED AND VERIFIED AS FOLLOWS:
(A) IF THE APPLICANT IS A NATURAL PERSON, THE APPLICATION SHALL BE
SIGNED AND VERIFIED BY SUCH PERSON AND IF THE APPLICANT IS A PARTNER-
SHIP, THE APPLICATION SHALL BE SIGNED AND VERIFIED BY EACH NATURAL
PERSON COMPOSING OR INTENDING TO COMPOSE SUCH PARTNERSHIP. THE APPLICA-
TION SHALL STATE THE FULL NAME, AGE, RESIDENCE, BUSINESS ADDRESS, IF
ANY, PRESENT AND PREVIOUS OCCUPATIONS OF EACH NATURAL PERSON SO SIGNING
THE SAME, AND ANY OTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE
COMMISSION TO ASCERTAIN THE CHARACTER, INTEGRITY AND IDENTITY OF EACH
NATURAL PERSON SO SIGNING SUCH APPLICATION.
(B) IF THE APPLICANT IS A CORPORATION, THE APPLICATION SHALL BE SIGNED
AND VERIFIED BY THE PRESIDENT, SECRETARY AND TREASURER THEREOF, AND
SHALL SPECIFY THE NAME OF THE CORPORATION, THE DATE AND PLACE OF ITS
INCORPORATION, THE LOCATION OF ITS PRINCIPAL PLACE OF BUSINESS, THE
NAMES AND ADDRESSES OF, AND THE AMOUNT OF THE STOCK HELD BY STOCKHOLDERS
OWNING FIVE PERCENT OR MORE OF ANY OF THE STOCK THEREOF, AND OF ALL
OFFICERS, INCLUDING ALL MEMBERS OF THE BOARD OF DIRECTORS. THE REQUIRE-
MENTS OF PARAGRAPH (A) OF THIS SUBDIVISION AS TO A NATURAL PERSON WHO IS
A MEMBER OF A PARTNERSHIP, AND SUCH REQUIREMENTS AS MAY BE SPECIFIED IN
RULES AND REGULATIONS PROMULGATED BY THE COMMISSION, SHALL APPLY TO EACH
SUCH OFFICER OR STOCKHOLDER AND THEIR SUCCESSORS IN OFFICE OR INTEREST.
(C) IN THE EVENT OF THE DEATH, RESIGNATION OR REMOVAL OF ANY OFFICER,
AND IN THE EVENT OF ANY CHANGE IN THE LIST OF STOCKHOLDERS WHO SHALL OWN
FIVE PERCENT OR MORE OF THE STOCK OF THE CORPORATION, THE SECRETARY OF
SUCH CORPORATION SHALL FORTHWITH GIVE NOTICE OF THAT FACT IN WRITING TO
THE COMMISSION CERTIFIED BY SAID SECRETARY.
3. NO SUCH LICENSE SHALL BE GRANTED:
(A) IF ANY PERSON WHOSE SIGNATURE OR NAME APPEARS IN THE APPLICATION
IS NOT THE REAL PARTY IN INTEREST REQUIRED BY SUBDIVISION TWO OF THIS
S. 8308--A 39 A. 8808--A
SECTION TO SIGN OR TO BE IDENTIFIED IN THE APPLICATION OR IF THE PERSON
SO SIGNING OR NAMED IN THE APPLICATION IS AN UNDISCLOSED AGENT OR TRUS-
TEE FOR ANY SUCH REAL PARTY IN INTEREST;
(B) UNLESS THE COMMISSION SHALL BE SATISFIED THAT THE APPLICANT AND
ALL MEMBERS, OFFICERS AND STOCKHOLDERS REQUIRED BY SUBDIVISION TWO OF
THIS SECTION TO SIGN OR BE IDENTIFIED IN THE APPLICATION FOR LICENSE
POSSESS GOOD CHARACTER AND INTEGRITY;
(C) UNLESS THE APPLICANT IS EITHER A NATURAL PERSON, PARTNERSHIP OR
CORPORATION;
(D) UNLESS THE APPLICANT SHALL BE A PARTY TO A CONTRACT THEN IN FORCE
OR WHICH WILL TAKE EFFECT UPON THE ISSUANCE OF A LICENSE, WITH A CARRIER
OF FREIGHT BY WATER FOR THE LOADING AND UNLOADING BY THE APPLICANT OF
ONE OR MORE VESSELS OF SUCH CARRIER AT A PIER WITHIN THE PORT OF NEW
YORK DISTRICT IN THIS STATE;
(E) IF THE APPLICANT OR ANY MEMBER, OFFICER OR STOCKHOLDER REQUIRED BY
SUBDIVISION TWO OF THIS SECTION TO SIGN OR BE IDENTIFIED IN THE APPLICA-
TION FOR LICENSE HAS, WITHOUT SUBSEQUENT PARDON, BEEN CONVICTED BY A
COURT OF THE UNITED STATES OR ANY STATE OR TERRITORY THEREOF OF THE
COMMISSION OF, OR THE ATTEMPT OR CONSPIRACY TO COMMIT, TREASON, MURDER,
MANSLAUGHTER OR ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT FOR A TERM
EXCEEDING ONE YEAR OR ANY OF THE MISDEMEANORS OR OFFENSES DESCRIBED IN
PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-FOUR-F
OF THIS ARTICLE. ANY APPLICANT INELIGIBLE FOR A LICENSE BY REASON OF
ANY SUCH CONVICTION MAY SUBMIT SATISFACTORY EVIDENCE TO THE COMMISSION
THAT THE PERSON WHOSE CONVICTION WAS THE BASIS OF INELIGIBILITY HAS FOR
A PERIOD OF NOT LESS THAN FIVE YEARS, MEASURED AS HEREINAFTER PROVIDED
AND UP TO THE TIME OF APPLICATION, SO ACTED IN A MANNER AS TO WARRANT
THE GRANT OF SUCH LICENSE, IN WHICH EVENT THE COMMISSION MAY, IN ITS
DISCRETION ISSUE AN ORDER REMOVING SUCH INELIGIBILITY. THE AFORESAID
PERIOD OF FIVE YEARS SHALL BE MEASURED EITHER FROM THE DATE OF PAYMENT
OF ANY FINE IMPOSED UPON SUCH PERSON OR THE SUSPENSION OF SENTENCE OR
FROM THE DATE OF THE PERSON'S UNREVOKED RELEASE FROM CUSTODY BY PAROLE,
COMMUTATION OR TERMINATION OF THE PERSON'S SENTENCE;
(F) IF THE APPLICANT HAS PAID, GIVEN, CAUSED TO HAVE BEEN PAID OR
GIVEN OR OFFERED TO PAY OR GIVE TO ANY OFFICER OR EMPLOYEE OF ANY CARRI-
ER OF FREIGHT BY WATER ANY VALUABLE CONSIDERATION FOR AN IMPROPER OR
UNLAWFUL PURPOSE OR TO INDUCE SUCH PERSON TO PROCURE THE EMPLOYMENT OF
THE APPLICANT BY SUCH CARRIER FOR THE PERFORMANCE OF STEVEDORING
SERVICES;
(G) IF THE APPLICANT HAS PAID, GIVEN, CAUSED TO BE PAID OR GIVEN OR
OFFERED TO PAY OR GIVE TO ANY OFFICER OR REPRESENTATIVE OF A LABOR
ORGANIZATION ANY VALUABLE CONSIDERATION FOR AN IMPROPER OR UNLAWFUL
PURPOSE OR TO INDUCE SUCH OFFICER OR REPRESENTATIVE TO SUBORDINATE THE
INTERESTS OF SUCH LABOR ORGANIZATION OR ITS MEMBERS IN THE MANAGEMENT OF
THE AFFAIRS OF SUCH LABOR ORGANIZATION TO THE INTERESTS OF THE APPLI-
CANT.
(H) IF THE APPLICANT HAS PAID, GIVEN, CAUSED TO HAVE BEEN PAID OR
GIVEN OR OFFERED TO PAY OR GIVE TO ANY AGENT OF ANY CARRIER OF FREIGHT
BY WATER ANY VALUABLE CONSIDERATION FOR AN IMPROPER OR UNLAWFUL PURPOSE
OR, WITHOUT THE KNOWLEDGE AND CONSENT OF SUCH CARRIER, TO INDUCE SUCH
AGENT TO PROCURE THE EMPLOYMENT OF THE APPLICANT BY SUCH CARRIER OR ITS
AGENT FOR THE PERFORMANCE OF STEVEDORING SERVICES.
4. WHEN THE APPLICATION SHALL HAVE BEEN EXAMINED AND SUCH FURTHER
INQUIRY AND INVESTIGATION MADE AS THE COMMISSION SHALL DEEM PROPER AND
WHEN THE COMMISSION SHALL BE SATISFIED THEREFROM THAT THE APPLICANT
POSSESSES THE QUALIFICATIONS AND REQUIREMENTS PRESCRIBED IN THIS
S. 8308--A 40 A. 8808--A
SECTION, THE COMMISSION SHALL ISSUE AND DELIVER A LICENSE TO SUCH APPLI-
CANT. THE COMMISSION MAY ISSUE A TEMPORARY PERMIT TO ANY APPLICANT FOR
A LICENSE UNDER THE PROVISIONS OF THIS SECTION PENDING FINAL ACTION ON
AN APPLICATION MADE FOR SUCH A LICENSE. ANY SUCH PERMIT SHALL BE VALID
FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
5. A STEVEDORE'S LICENSE GRANTED PURSUANT TO THIS SECTION SHALL BE FOR
A TERM OF FIVE YEARS OR FRACTION OF SUCH FIVE YEAR PERIOD, AND SHALL
EXPIRE ON THE FIRST DAY OF DECEMBER. IN THE EVENT OF THE DEATH OF THE
LICENSEE, IF A NATURAL PERSON, OR ITS TERMINATION OR DISSOLUTION BY
REASON OF A DEATH OF A PARTNER, IF A PARTNERSHIP, OR IF THE LICENSEE
SHALL CEASE TO BE A PARTY TO ANY CONTRACT OF THE TYPE REQUIRED BY PARA-
GRAPH (D) OF SUBDIVISION THREE OF THIS SECTION, THE LICENSE SHALL TERMI-
NATE NINETY DAYS AFTER SUCH EVENT OR UPON ITS EXPIRATION DATE, WHICHEVER
SHALL BE SOONER. A LICENSE MAY BE RENEWED BY THE COMMISSION FOR SUCCES-
SIVE FIVE YEAR PERIODS UPON FULFILLING THE SAME REQUIREMENTS AS ARE SET
FORTH IN THIS SECTION FOR AN ORIGINAL APPLICATION FOR A STEVEDORE'S
LICENSE.
6. ANY LICENSE ISSUED PURSUANT TO THIS SECTION MAY BE REVOKED OR
SUSPENDED FOR SUCH PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST
OR THE LICENSEE THEREUNDER MAY BE REPRIMANDED FOR ANY OF THE FOLLOWING
OFFENSES ON THE PART OF THE LICENSEE OR OF ANY PERSON REQUIRED BY SUBDI-
VISION TWO OF THIS SECTION TO SIGN OR BE IDENTIFIED IN AN ORIGINAL
APPLICATION FOR A LICENSE:
(A) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT OR REQUIRE
DISQUALIFICATION OF THE LICENSEE FROM RECEIVING A LICENSE UPON ORIGINAL
APPLICATION;
(B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING THE LICENSE OR IN
THE CONDUCT OF THE LICENSED ACTIVITY;
(C) FAILURE BY THE LICENSEE TO MAINTAIN A COMPLETE SET OF BOOKS AND
RECORDS CONTAINING A TRUE AND ACCURATE ACCOUNT OF THE LICENSEE'S
RECEIPTS AND DISBURSEMENTS ARISING OUT OF THE LICENSEE'S ACTIVITIES
WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE;
(D) FAILURE TO KEEP SAID BOOKS AND RECORDS AVAILABLE DURING BUSINESS
HOURS FOR INSPECTION BY THE COMMISSION AND ITS DULY DESIGNATED REPRESEN-
TATIVES UNTIL THE EXPIRATION OF THE FIFTH CALENDAR YEAR FOLLOWING THE
CALENDAR YEAR DURING WHICH OCCURRED THE TRANSACTIONS RECORDED THEREIN;
(E) ANY OTHER OFFENSE DESCRIBED IN PARAGRAPHS (C), (D), (E), (F), (G),
(H) AND (I) OF SUBDIVISION SEVEN OF SECTION FIVE HUNDRED THIRTY-FOUR-F
OF THIS ARTICLE.
§ 534-H. PROHIBITION OF PUBLIC LOADING. 1. IT IS UNLAWFUL FOR ANY
PERSON TO LOAD OR UNLOAD WATERBORNE FREIGHT ONTO OR FROM VEHICLES OTHER
THAN RAILROAD CARS AT PIERS OR AT OTHER WATERFRONT TERMINALS WITHIN THE
PORT OF NEW YORK DISTRICT IN THIS STATE, FOR A FEE OR OTHER COMPEN-
SATION, OTHER THAN THE FOLLOWING PERSONS AND THEIR EMPLOYEES:
(A) CARRIERS OF FREIGHT BY WATER, BUT ONLY AT PIERS AT WHICH THEIR
VESSELS ARE BERTHED;
(B) OTHER CARRIERS OF FREIGHT (INCLUDING BUT NOT LIMITED TO RAILROADS
AND TRUCKERS), BUT ONLY IN CONNECTION WITH FREIGHT TRANSPORTED OR TO BE
TRANSPORTED BY SUCH CARRIERS;
(C) OPERATORS OF PIERS OR OTHER WATERFRONT TERMINALS (INCLUDING RAIL-
ROADS, TRUCK TERMINAL OPERATORS, WAREHOUSEMEN AND OTHER PERSONS), BUT
ONLY AT PIERS OR OTHER WATERFRONT TERMINALS OPERATED BY THEM;
(D) SHIPPERS OR CONSIGNEES OF FREIGHT, BUT ONLY IN CONNECTION WITH
FREIGHT SHIPPED BY SUCH SHIPPER OR CONSIGNED TO SUCH CONSIGNEE;
(E) STEVEDORES LICENSED UNDER SECTION FIVE HUNDRED THIRTY-FOUR-G OF
THIS ARTICLE, WHETHER OR NOT SUCH WATERBORNE FREIGHT HAS BEEN OR IS TO
S. 8308--A 41 A. 8808--A
BE TRANSPORTED BY A CARRIER OF FREIGHT BY WATER WITH WHICH SUCH STEVE-
DORE SHALL HAVE A CONTRACT OF THE TYPE PRESCRIBED BY PARAGRAPH (D) OF
SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-FOUR-G OF THIS ARTICLE.
2. NOTHING IN THIS SECTION CONTAINED SHALL BE DEEMED TO PERMIT ANY
SUCH LOADING OR UNLOADING OF ANY WATERBORNE FREIGHT AT ANY PLACE BY ANY
SUCH PERSON BY MEANS OF ANY INDEPENDENT CONTRACTOR, OR ANY OTHER AGENT
OTHER THAN AN EMPLOYEE, UNLESS SUCH INDEPENDENT CONTRACTOR IS A PERSON
PERMITTED BY THIS SECTION TO LOAD OR UNLOAD SUCH FREIGHT AT SUCH PLACE
IN THE PERSON'S OWN RIGHT.
§ 534-I. LONGSHOREMEN'S REGISTER. 1. THE COMMISSION SHALL MAINTAIN A
LONGSHOREMEN'S REGISTER IN WHICH SHALL BE INCLUDED ALL QUALIFIED LONG-
SHOREMEN ELIGIBLE, AS PROVIDED, FOR EMPLOYMENT AS SUCH IN THE PORT OF
NEW YORK DISTRICT IN THIS STATE. NO PERSON SHALL ACT AS A LONGSHOREMAN
WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE UNLESS AT THE TIME
SUCH PERSON IS INCLUDED IN THE LONGSHOREMEN'S REGISTER, AND NO PERSON
SHALL EMPLOY ANOTHER TO WORK AS A LONGSHOREMAN WITHIN THE PORT OF NEW
YORK DISTRICT IN THIS STATE UNLESS AT THE TIME SUCH OTHER PERSON IS
INCLUDED IN THE LONGSHOREMEN'S REGISTER.
2. ANY PERSON APPLYING FOR INCLUSION IN THE LONGSHOREMEN'S REGISTER
SHALL FILE AT SUCH PLACE AND IN SUCH MANNER AS THE COMMISSION SHALL
DESIGNATE A WRITTEN STATEMENT, SIGNED AND VERIFIED BY SUCH PERSON,
SETTING FORTH THE PERSON'S FULL NAME, RESIDENCE ADDRESS, SOCIAL SECURI-
TY NUMBER, AND SUCH FURTHER FACTS AND EVIDENCE AS THE COMMISSION MAY
PRESCRIBE TO ESTABLISH THE IDENTITY OF SUCH PERSON AND THE PERSON'S
CRIMINAL RECORD, IF ANY.
3. THE COMMISSION MAY IN ITS DISCRETION DENY APPLICATION FOR INCLUSION
IN THE LONGSHOREMEN'S REGISTER BY A PERSON:
(A) WHO HAS BEEN CONVICTED BY A COURT OF THE UNITED STATES OR ANY
STATE OR TERRITORY THEREOF, WITHOUT SUBSEQUENT PARDON, OF TREASON,
MURDER, MANSLAUGHTER OR OF ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT
FOR A TERM EXCEEDING ONE YEAR OR OF ANY OF THE MISDEMEANORS OR OFFENSES
DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED
THIRTY-FOUR-F OF THIS ARTICLE OR OF ATTEMPT OR CONSPIRACY TO COMMIT ANY
OF SUCH CRIMES;
(B) WHO KNOWINGLY OR WILLINGLY ADVOCATES THE DESIRABILITY OF OVER-
THROWING OR DESTROYING THE GOVERNMENT OF THE UNITED STATES BY FORCE OR
VIOLENCE OR WHO SHALL BE A MEMBER OF A GROUP WHICH ADVOCATES SUCH DESIR-
ABILITY KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH ADVOCACY;
(C) WHOSE PRESENCE AT THE PIERS OR OTHER WATERFRONT TERMINALS IN THE
PORT OF NEW YORK DISTRICT IN THIS STATE IS FOUND BY THE COMMISSION ON
THE BASIS OF THE FACTS AND EVIDENCE BEFORE IT, TO CONSTITUTE A DANGER TO
THE PUBLIC PEACE OR SAFETY.
4. UNLESS THE COMMISSION SHALL DETERMINE TO EXCLUDE THE APPLICANT FROM
THE LONGSHOREMEN'S REGISTER ON A GROUND SET FORTH IN SUBDIVISION THREE
OF THIS SECTION IT SHALL INCLUDE SUCH PERSON IN THE LONGSHOREMEN'S
REGISTER. THE COMMISSION MAY PERMIT TEMPORARY REGISTRATION OF ANY
APPLICANT UNDER THE PROVISIONS OF THIS SECTION PENDING FINAL ACTION ON
AN APPLICATION MADE FOR SUCH REGISTRATION. ANY SUCH TEMPORARY REGISTRA-
TION SHALL BE VALID FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
5. THE COMMISSION SHALL HAVE POWER TO REPRIMAND ANY LONGSHOREMAN
REGISTERED UNDER THIS SECTION OR TO REMOVE THAT PERSON FROM THE
LONGSHOREMEN'S REGISTER FOR SUCH PERIOD AS IT DEEMS IN THE PUBLIC INTER-
EST FOR ANY OF ANY FOLLOWING OFFENSES:
(A) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT DISQUALI-
FICATION OF SUCH PERSON FROM INCLUSION IN THE LONGSHOREMEN'S REGISTER
UPON ORIGINAL APPLICATION;
S. 8308--A 42 A. 8808--A
(B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING INCLUSION IN THE
LONGSHOREMEN'S REGISTER;
(C) TRANSFER OR SURRENDER OF POSSESSION TO ANY PERSON EITHER TEMPORAR-
ILY OR PERMANENTLY OF ANY CARD OR OTHER MEANS OF IDENTIFICATION ISSUED
BY THE COMMISSION AS EVIDENCE OF INCLUSION IN THE LONGSHOREMEN'S REGIS-
TER, WITHOUT SATISFACTORY EXPLANATION;
(D) FALSE IMPERSONATION OF ANOTHER LONGSHOREMAN REGISTERED UNDER THIS
SECTION OR OF ANOTHER PERSON LICENSED UNDER THIS ACT;
(E) WILLFUL COMMISSION OF OR WILLFUL ATTEMPT TO COMMIT AT OR ON A
WATERFRONT TERMINAL OR ADJACENT HIGHWAY ANY ACT OF PHYSICAL INJURY TO
ANY OTHER PERSON OR OF WILLFUL DAMAGE TO OR MISAPPROPRIATION OF ANY
OTHER PERSON'S PROPERTY, UNLESS JUSTIFIED OR EXCUSED BY LAW; AND
(F) ANY OTHER OFFENSE DESCRIBED IN PARAGRAPHS (C), (D), (E), AND (F)
OF SUBDIVISION SEVEN OF SECTION FIVE HUNDRED THIRTY-FOUR-F OF THIS ARTI-
CLE.
6. WHENEVER, AS A RESULT OF LEGISLATIVE AMENDMENTS TO THIS ACT OR OF A
RULING BY THE COMMISSION, REGISTRATION AS A LONGSHOREMAN IS REQUIRED FOR
ANY PERSON TO CONTINUE EMPLOYMENT, SUCH PERSON SHALL BE REGISTERED AS A
LONGSHOREMAN WITHOUT REGARD TO THE PROVISIONS OF SECTION FIVE HUNDRED
THIRTY-FOUR-K OF THIS ARTICLE, PROVIDED, HOWEVER, THAT SUCH PERSON
SATISFIES ALL THE OTHER REQUIREMENTS OF THIS ACT FOR REGISTRATION AS A
LONGSHOREMAN.
7. THE COMMISSION SHALL HAVE THE RIGHT TO RECOVER POSSESSION OF ANY
CARD OR OTHER MEANS OF IDENTIFICATION ISSUED AS EVIDENCE OF INCLUSION IN
THE LONGSHOREMEN'S REGISTER IF THE HOLDER THEREOF HAS BEEN REMOVED FROM
THE LONGSHOREMEN'S REGISTER.
8. NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT IN
ANY WAY ANY RIGHTS OF LABOR RESERVED BY SECTION FIVE HUNDRED THIRTY-
FOUR-Q OF THIS ARTICLE.
§ 534-J. LIST OF QUALIFIED LONGSHOREMEN FOR EMPLOYMENT AS CHECKERS. 1.
THE COMMISSION SHALL MAINTAIN WITHIN THE LONGSHOREMEN'S REGISTER A LIST
OF ALL QUALIFIED LONGSHOREMEN ELIGIBLE, AS PROVIDED IN THIS SECTION, FOR
EMPLOYMENT AS CHECKERS IN THE PORT OF NEW YORK DISTRICT IN THIS STATE.
NO PERSON SHALL ACT AS A CHECKER WITHIN THE PORT OF NEW YORK DISTRICT IN
THIS STATE UNLESS AT THE TIME SUCH PERSON IS INCLUDED IN THE
LONGSHOREMEN'S REGISTER AS A CHECKER, AND NO PERSON SHALL EMPLOY ANOTHER
TO WORK AS A CHECKER WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE
UNLESS AT THE TIME SUCH OTHER PERSON IS INCLUDED IN THE LONGSHOREMEN'S
REGISTER AS A CHECKER.
2. ANY PERSON APPLYING FOR INCLUSION IN THE LONGSHOREMEN'S REGISTER AS
A CHECKER SHALL FILE AT ANY SUCH PLACE AND IN SUCH MANNER AS THE COMMIS-
SION SHALL DESIGNATE A WRITTEN STATEMENT, SIGNED AND VERIFIED BY SUCH
PERSON, SETTING FORTH THE FOLLOWING:
(A) THE FULL NAME, RESIDENCE, PLACE AND DATE OF BIRTH AND SOCIAL SECU-
RITY NUMBER OF THE APPLICANT;
(B) THE PRESENT AND PREVIOUS OCCUPATIONS OF THE APPLICANT, INCLUDING
THE PLACES WHERE SUCH PERSON WAS EMPLOYED AND THE NAMES OF THAT PERSON'S
EMPLOYERS;
(C) SUCH FURTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE COMMIS-
SION TO ASCERTAIN THE CHARACTER, INTEGRITY AND IDENTITY OF THE APPLI-
CANT.
3. NO PERSON SHALL BE INCLUDED IN THE LONGSHOREMEN'S REGISTER AS A
CHECKER:
(A) UNLESS THE COMMISSION SHALL BE SATISFIED THAT THE APPLICANT
POSSESSES GOOD CHARACTER AND INTEGRITY;
S. 8308--A 43 A. 8808--A
(B) IF THE APPLICANT HAS, WITHOUT SUBSEQUENT PARDON, BEEN CONVICTED
BY A COURT OF THE UNITED STATES OR ANY STATE OR TERRITORY THEREOF, OF
THE COMMISSION OF, OR THE ATTEMPT OR CONSPIRACY TO COMMIT, TREASON,
MURDER, MANSLAUGHTER OR ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT
FOR A TERM EXCEEDING ONE YEAR OR ANY OF THE FOLLOWING MISDEMEANORS OR
OFFENSES: ILLEGALLY USING, CARRYING OR POSSESSING A PISTOL OR ANOTHER
DANGEROUS WEAPON; MAKING OR POSSESSING BURGLAR'S INSTRUMENTS; BUYING OR
RECEIVING STOLEN PROPERTY; UNLAWFUL ENTRY OF A BUILDING; AIDING AN
ESCAPE FROM PRISON; UNLAWFULLY POSSESSING, POSSESSING WITH INTENT TO
DISTRIBUTE, SALE OR DISTRIBUTION OF A CONTROLLED DANGEROUS SUBSTANCE
(CONTROLLED SUBSTANCE) OR A CONTROLLED DANGEROUS SUBSTANCE ANALOG
(CONTROLLED SUBSTANCE ANALOG); PETTY LARCENY, WHERE THE EVIDENCE SHOWS
THE PROPERTY WAS STOLEN FROM A VESSEL, PIER OR OTHER WATERFRONT TERMI-
NAL; AND VIOLATION OF THE ACT. ANY SUCH APPLICANT INELIGIBLE FOR INCLU-
SION IN THE LONGSHOREMEN'S REGISTER AS A CHECKER BY REASON OF ANY SUCH
CONVICTION MAY SUBMIT SATISFACTORY EVIDENCE TO THE COMMISSION THAT THE
PERSON HAS FOR A PERIOD OF NOT LESS THAN FIVE YEARS, MEASURED AS
PROVIDED IN THIS SECTION, AND UP TO THE TIME OF APPLICATION, SO ACTED
IN A MANNER AS TO WARRANT INCLUSION IN THE LONGSHOREMEN'S REGISTER AS A
CHECKER, IN WHICH EVENT THE COMMISSION MAY, IN ITS DISCRETION, ISSUE AN
ORDER REMOVING SUCH INELIGIBILITY. THE AFORESAID PERIOD OF FIVE YEARS
SHALL BE MEASURED EITHER FROM THE DATE OF PAYMENT OF ANY FINE IMPOSED
UPON SUCH PERSON OR THE SUSPENSION OF SENTENCE OR FROM THE DATE OF SUCH
PERSON'S UNREVOKED RELEASE FROM CUSTODY BY PAROLE, COMMUTATION OR
TERMINATION OF SUCH PERSON'S SENTENCE;
(C) IF THE APPLICANT KNOWINGLY OR WILLFULLY ADVOCATES THE DESIRABILITY
OF OVERTHROWING OR DESTROYING THE GOVERNMENT OF THE UNITED STATES BY
FORCE OR VIOLENCE OR SHALL BE A MEMBER OF A GROUP WHICH ADVOCATES SUCH
DESIRABILITY, KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH ADVOCACY.
4. WHEN THE APPLICATION SHALL HAVE BEEN EXAMINED AND SUCH FURTHER
INQUIRY AND INVESTIGATION MADE AS THE COMMISSION SHALL DEEM PROPER AND
WHEN THE COMMISSION SHALL BE SATISFIED THEREFROM THAT THE APPLICANT
POSSESSES THE QUALIFICATIONS AND REQUIREMENTS PRESCRIBED BY THIS
SECTION, THE COMMISSION SHALL INCLUDE THE APPLICANT IN THE
LONGSHOREMEN'S REGISTER AS A CHECKER. THE COMMISSION MAY PERMIT TEMPO-
RARY REGISTRATION AS A CHECKER TO ANY APPLICANT UNDER THIS SECTION PEND-
ING FINAL ACTION ON AN APPLICATION MADE FOR SUCH REGISTRATION, UNDER
SUCH TERMS AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE, WHICH SHALL
BE VALID FOR A PERIOD TO BE FIXED BY THE COMMISSION, NOT IN EXCESS OF
SIX MONTHS.
5. THE COMMISSION SHALL HAVE POWER TO REPRIMAND ANY CHECKER REGISTERED
UNDER THIS SECTION OR TO REMOVE SUCH PERSON FROM THE LONGSHOREMEN'S
REGISTER AS A CHECKER FOR SUCH PERIOD OF TIME AS IT DEEMS IN THE PUBLIC
INTEREST FOR ANY OF THE FOLLOWING OFFENSES:
(A) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT DISQUALI-
FICATION OF SUCH PERSON FROM INCLUSION IN THE LONGSHOREMEN'S REGISTER AS
A CHECKER UPON ORIGINAL APPLICATION;
(B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING INCLUSION IN THE
LONGSHOREMEN'S REGISTER AS A CHECKER OR IN THE CONDUCT OF THE REGISTERED
ACTIVITY;
(C) VIOLATION OF ANY OF THE PROVISIONS OF THIS ACT;
(D) UNLAWFULLY POSSESSING, POSSESSION WITH INTENT TO DISTRIBUTE, SALE
OR DISTRIBUTION OF A CONTROLLED DANGEROUS SUBSTANCE (CONTROLLED
SUBSTANCE), OR A CONTROLLED DANGEROUS SUBSTANCE ANALOG (CONTROLLED
SUBSTANCE ANALOG);
S. 8308--A 44 A. 8808--A
(E) INDUCING OR OTHERWISE AIDING OR ABETTING ANY PERSON TO VIOLATE THE
TERMS OF THIS ACT;
(F) PAYING, GIVING, CAUSING TO BE PAID OR GIVEN OR OFFERING TO PAY OR
GIVE TO ANY PERSON ANY VALUABLE CONSIDERATION TO INDUCE SUCH OTHER
PERSON TO VIOLATE ANY PROVISION OF THIS ACT OR TO INDUCE ANY PUBLIC
OFFICER, AGENT OR EMPLOYEE TO FAIL TO PERFORM THE PERSON'S DUTY UNDER
THIS ACT;
(G) CONSORTING WITH KNOWN CRIMINALS FOR AN UNLAWFUL PURPOSE;
(H) TRANSFER OR SURRENDER OF POSSESSION TO ANY PERSON EITHER TEMPORAR-
ILY OR PERMANENTLY OF ANY CARD OR OTHER MEANS OF IDENTIFICATION ISSUED
BY THE COMMISSION AS EVIDENCE OF INCLUSION IN THE LONGSHOREMEN'S REGIS-
TER WITHOUT SATISFACTORY EXPLANATION;
(I) FALSE IMPERSONATION OF ANOTHER LONGSHOREMAN OR OF ANOTHER PERSON
LICENSED UNDER THIS ACT.
6. THE COMMISSION SHALL HAVE THE RIGHT TO RECOVER POSSESSION OF ANY
CARD OR OTHER MEANS OF IDENTIFICATION ISSUED AS EVIDENCE OF INCLUSION IN
THE LONGSHOREMEN'S REGISTER AS A CHECKER IN THE EVENT THAT THE HOLDER
THEREOF HAS BEEN REMOVED FROM THE LONGSHOREMEN'S REGISTER AS A CHECKER.
7. ANY APPLICANT INELIGIBLE FOR INCLUSION IN THE LONGSHOREMEN'S REGIS-
TER AS A CHECKER BY REASON OF THE PROVISIONS OF PARAGRAPH (B) OF SUBDI-
VISION THREE OF THIS SECTION MAY PETITION FOR AND THE COMMISSION MAY
ISSUE AN ORDER REMOVING THE INELIGIBILITY. A PETITION FOR AN ORDER TO
REMOVE INELIGIBILITY MAY BE MADE TO THE COMMISSION BEFORE OR AFTER THE
HEARING REQUIRED BY SECTION FIVE HUNDRED THIRTY-FOUR-N OF THIS ARTICLE.
8. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO LIMIT IN
ANY WAY ANY RIGHTS OF LABOR RESERVED BY SECTION FIVE HUNDRED THIRTY-
FOUR-Q OF THIS ARTICLE.
§ 534-K. REGULARIZATION OF LONGSHOREMEN'S EMPLOYMENT. 1. THE COMMIS-
SION SHALL, AT REGULAR INTERVALS, REMOVE FROM THE LONGSHOREMEN'S REGIS-
TER ANY PERSON WHO SHALL HAVE BEEN REGISTERED FOR AT LEAST NINE MONTHS
AND WHO SHALL HAVE FAILED DURING THE PRECEDING SIX CALENDAR MONTHS
EITHER TO HAVE WORKED AS A LONGSHOREMAN IN THE PORT OF NEW YORK DISTRICT
OR TO HAVE APPLIED FOR EMPLOYMENT AS A LONGSHOREMAN AT AN EMPLOYMENT
INFORMATION CENTER IN THE PORT OF NEW YORK DISTRICT FOR SUCH MINIMUM
NUMBER OF DAYS AS SHALL HAVE BEEN ESTABLISHED BY THE COMMISSION PURSUANT
TO SUBDIVISION TWO OF THIS SECTION.
2. ON OR BEFORE EACH SUCCEEDING FIRST DAY OF JUNE OR DECEMBER, THE
COMMISSION SHALL, FOR THE PURPOSES OF SUBDIVISION ONE OF THIS SECTION,
ESTABLISH FOR THE SIX-MONTH PERIOD BEGINNING ON EACH SUCH DATE A MINIMUM
NUMBER OF DAYS AND THE DISTRIBUTION OF SUCH DAYS DURING SUCH PERIOD.
3. IN ESTABLISHING ANY SUCH MINIMUM NUMBER OF DAYS OR PERIOD, THE
COMMISSION SHALL OBSERVE THE FOLLOWING STANDARDS:
(A) TO ENCOURAGE AS FAR AS PRACTICABLE THE REGULARIZATION OF THE
EMPLOYMENT OF LONGSHOREMEN;
(B) TO BRING THE NUMBER OF ELIGIBLE LONGSHOREMEN MORE CLOSELY INTO
BALANCE WITH THE DEMAND FOR LONGSHOREMEN'S SERVICES WITHIN THE PORT OF
NEW YORK DISTRICT IN THIS STATE WITHOUT REDUCING THE NUMBER OF ELIGIBLE
LONGSHOREMEN BELOW THAT NECESSARY TO MEET THE REQUIREMENTS OF LONGSHORE-
MEN IN THE PORT OF NEW YORK DISTRICT IN THIS STATE;
(C) TO ELIMINATE OPPRESSIVE AND EVIL HIRING PRACTICES AFFECTING LONG-
SHOREMEN AND WATERBORNE COMMERCE IN THE PORT OF NEW YORK DISTRICT IN
THIS STATE; AND
(D) TO ELIMINATE UNLAWFUL PRACTICES INJURIOUS TO WATERFRONT LABOR.
4. A LONGSHOREMAN WHO HAS BEEN REMOVED FROM THE LONGSHOREMEN'S REGIS-
TER PURSUANT TO THIS SECTION MAY SEEK REINSTATEMENT UPON FULFILLING THE
SAME REQUIREMENTS AS FOR INITIAL INCLUSION IN THE LONGSHOREMEN'S REGIS-
S. 8308--A 45 A. 8808--A
TER, BUT NOT BEFORE THE EXPIRATION OF ONE YEAR FROM THE DATE OF REMOVAL,
EXCEPT THAT IMMEDIATE REINSTATEMENT SHALL BE MADE UPON PROPER SHOWING
THAT THE REGISTRANT'S FAILURE TO WORK OR APPLY FOR WORK THE MINIMUM
NUMBER OF DAYS ABOVE DESCRIBED WAS CAUSED BY THE FACT THAT THE REGIS-
TRANT WAS ENGAGED IN THE MILITARY SERVICE OF THE UNITED STATES OR WAS
INCAPACITATED BY ILL HEALTH, PHYSICAL INJURY, OR OTHER GOOD CAUSE.
5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE COMMISSION
SHALL AT ANY TIME HAVE THE POWER TO REGISTER LONGSHOREMEN ON A TEMPORARY
BASIS TO MEET SPECIAL OR EMERGENCY NEEDS.
6. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, THE COMMIS-
SION SHALL HAVE THE POWER TO REMOVE FROM THE LONGSHOREMEN'S REGISTER ANY
PERSON (INCLUDING THOSE PERSONS REGISTERED AS LONGSHOREMEN FOR LESS THAN
NINE MONTHS) WHO SHALL HAVE FAILED TO HAVE WORKED AS A LONGSHOREMAN IN
THE PORT OF NEW YORK DISTRICT FOR SUCH MINIMUM NUMBER OF DAYS DURING A
PERIOD OF TIME AS SHALL HAVE BEEN ESTABLISHED BY THE COMMISSION. IN
ADMINISTERING THIS SECTION, THE COMMISSION, IN ITS DISCRETION, MAY COUNT
APPLICATIONS FOR EMPLOYMENT AS A LONGSHOREMAN AT AN EMPLOYMENT INFORMA-
TION CENTER ESTABLISHED UNDER SECTION FIVE HUNDRED THIRTY-FOUR-O OF THIS
ARTICLE AS CONSTITUTING ACTUAL WORK AS A LONGSHOREMAN, PROVIDED, HOWEV-
ER, THAT THE COMMISSION SHALL COUNT AS ACTUAL WORK THE COMPENSATION
RECEIVED BY ANY LONGSHOREMAN PURSUANT TO THE GUARANTEED WAGE PROVISIONS
OF ANY COLLECTIVE BARGAINING AGREEMENT RELATING TO LONGSHOREMEN. PRIOR
TO THE COMMENCEMENT OF ANY PERIOD OF TIME ESTABLISHED BY THE COMMISSION
PURSUANT TO THIS SECTION, THE COMMISSION SHALL ESTABLISH FOR SUCH PERIOD
THE MINIMUM NUMBER OF DAYS OF WORK REQUIRED AND THE DISTRIBUTION OF SUCH
DAYS DURING SUCH PERIOD AND SHALL ALSO DETERMINE WHETHER OR NOT APPLICA-
TION FOR EMPLOYMENT AS A LONGSHOREMAN SHALL BE COUNTED AS CONSTITUTING
ACTUAL WORK AS A LONGSHOREMAN. THE COMMISSION MAY CLASSIFY LONGSHOREMEN
ACCORDING TO LENGTH OF SERVICE AS A LONGSHOREMAN AND SUCH OTHER CRITERIA
AS MAY BE REASONABLE AND NECESSARY TO CARRY OUT THE PROVISIONS OF THIS
ACT. THE COMMISSION SHALL HAVE THE POWER TO VARY THE REQUIREMENTS OF
THIS SECTION WITH RESPECT TO THEIR APPLICATION TO THE VARIOUS CLASSI-
FICATIONS OF LONGSHOREMEN. IN ADMINISTERING THIS SECTION, THE COMMISSION
SHALL OBSERVE THE STANDARDS SET FORTH IN SECTION FIVE HUNDRED THIRTY-
FOUR-L OF THIS ARTICLE. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
MODIFY, LIMIT OR RESTRICT IN ANY WAY ANY OF THE RIGHTS PROTECTED BY
SECTION FIVE HUNDRED THIRTY-FOUR-Q OF THIS ARTICLE.
§ 534-L. SUSPENSION OR ACCEPTANCE OF APPLICATIONS FOR INCLUSION IN THE
LONGSHOREMEN'S REGISTER; EXCEPTIONS. 1. THE COMMISSION SHALL SUSPEND THE
ACCEPTANCE OF APPLICATIONS FOR INCLUSION IN THE LONGSHOREMEN'S REGISTER
UPON THE EFFECTIVE DATE OF THE ACT. THE COMMISSION SHALL THEREAFTER HAVE
THE POWER TO MAKE DETERMINATIONS TO SUSPEND THE ACCEPTANCE OF APPLICA-
TIONS FOR INCLUSION IN THE LONGSHOREMEN'S REGISTER FOR SUCH PERIODS OF
TIME AS THE COMMISSION MAY FROM TIME TO TIME ESTABLISH AND, AFTER ANY
SUCH PERIOD OF SUSPENSION, THE COMMISSION SHALL HAVE THE POWER TO MAKE
DETERMINATIONS TO ACCEPT APPLICATIONS FOR SUCH PERIOD OF TIME AS THE
COMMISSION MAY ESTABLISH OR IN SUCH NUMBER AS THE COMMISSION MAY DETER-
MINE, OR BOTH. SUCH DETERMINATIONS TO SUSPEND OR ACCEPT APPLICATIONS
SHALL BE MADE BY THE COMMISSION: (A) ON ITS OWN INITIATIVE; OR (B) UPON
THE JOINT RECOMMENDATION IN WRITING OF STEVEDORES AND OTHER EMPLOYERS OF
LONGSHOREMEN IN THE PORT OF NEW YORK DISTRICT IN THIS STATE, ACTING
THROUGH THEIR REPRESENTATIVE FOR THE PURPOSE OF COLLECTIVE BARGAINING
WITH A LABOR ORGANIZATION REPRESENTING SUCH LONGSHOREMEN IN SUCH
DISTRICT AND SUCH LABOR ORGANIZATION; OR (C) UPON THE PETITION IN WRIT-
ING OF A STEVEDORE OR ANOTHER EMPLOYER OF LONGSHOREMEN IN THE PORT OF
NEW YORK DISTRICT IN THIS STATE WHICH DOES NOT HAVE A REPRESENTATIVE FOR
S. 8308--A 46 A. 8808--A
THE PURPOSE OF COLLECTIVE BARGAINING WITH A LABOR ORGANIZATION REPRES-
ENTING SUCH LONGSHOREMEN. THE COMMISSION SHALL HAVE THE POWER TO ACCEPT
OR REJECT SUCH JOINT RECOMMENDATION OR PETITION. ALL JOINT RECOMMENDA-
TIONS OR PETITIONS FILED FOR THE ACCEPTANCE OF APPLICATIONS WITH THE
COMMISSION FOR INCLUSION IN THE LONGSHOREMEN'S REGISTER SHALL INCLUDE:
(I) THE NUMBER OF EMPLOYEES REQUESTED;
(II) THE CATEGORY OR CATEGORIES OF EMPLOYEES REQUESTED;
(III) A DETAILED STATEMENT SETTING FORTH THE REASONS FOR SUCH JOINT
RECOMMENDATION OR PETITION;
(IV) IN CASES WHERE A JOINT RECOMMENDATION IS MADE UNDER THIS SECTION,
THE COLLECTIVE BARGAINING REPRESENTATIVE OF STEVEDORES AND OTHER EMPLOY-
ERS OF LONGSHOREMEN IN THE PORT OF NEW YORK DISTRICT IN THIS STATE AND
THE LABOR ORGANIZATION REPRESENTING SUCH LONGSHOREMEN SHALL PROVIDE THE
ALLOCATION OF THE NUMBER OF PERSONS TO BE SPONSORED BY EACH EMPLOYER OF
LONGSHOREMEN IN THE PORT OF NEW YORK DISTRICT IN THIS STATE; AND
(V) ANY OTHER INFORMATION REQUESTED BY THE COMMISSION.
2. IN ADMINISTERING THE PROVISIONS OF THIS SECTION, THE COMMISSION
SHALL OBSERVE THE FOLLOWING STANDARDS:
(A) TO ENCOURAGE AS FAR AS PRACTICABLE THE REGULARIZATION OF THE
EMPLOYMENT OF LONGSHOREMEN;
(B) TO BRING THE NUMBER OF ELIGIBLE LONGSHOREMEN INTO BALANCE WITH THE
DEMAND FOR LONGSHOREMEN'S SERVICES WITHIN THE PORT OF NEW YORK DISTRICT
IN THIS STATE WITHOUT REDUCING THE NUMBER OF ELIGIBLE LONGSHOREMEN BELOW
THAT NECESSARY TO MEET THE REQUIREMENTS OF LONGSHOREMEN IN THE PORT OF
NEW YORK DISTRICT IN THIS STATE;
(C) TO ENCOURAGE THE MOBILITY AND FULL UTILIZATION OF THE EXISTING
WORK FORCE OF LONGSHOREMEN;
(D) TO PROTECT THE JOB SECURITY OF THE EXISTING WORK FORCE OF LONG-
SHOREMEN BY CONSIDERING THE WAGES AND EMPLOYMENT BENEFITS OF PROSPECTIVE
REGISTRANTS;
(E) TO ELIMINATE OPPRESSIVE AND EVIL HIRING PRACTICES INJURIOUS TO
WATERFRONT LABOR AND WATERBORNE COMMERCE IN THE PORT OF NEW YORK
DISTRICT IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THOSE OPPRESSIVE
AND EVIL HIRING PRACTICES THAT MAY RESULT FROM EITHER A SURPLUS OR SHOR-
TAGE OF WATERFRONT LABOR;
(F) TO CONSIDER THE EFFECT OF TECHNOLOGICAL CHANGE AND AUTOMATION AND
SUCH OTHER ECONOMIC DATA AND FACTS AS ARE RELEVANT TO A PROPER DETERMI-
NATION; AND
(G) TO PROTECT THE PUBLIC INTEREST OF THE PORT OF NEW YORK DISTRICT IN
THIS STATE.
3. (A) IN OBSERVING THE FOREGOING STANDARDS AND BEFORE DETERMINING TO
SUSPEND OR ACCEPT APPLICATIONS FOR INCLUSION IN THE LONGSHOREMEN'S
REGISTER, THE COMMISSION SHALL CONSULT WITH AND CONSIDER THE VIEWS OF,
INCLUDING ANY STATISTICAL DATA OR OTHER FACTUAL INFORMATION CONCERNING
THE SIZE OF THE LONGSHOREMEN'S REGISTER SUBMITTED BY, CARRIERS OF
FREIGHT BY WATER, STEVEDORES, WATERFRONT TERMINAL OWNERS AND OPERATORS,
ANY LABOR ORGANIZATION REPRESENTING EMPLOYEES REGISTERED BY THE COMMIS-
SION, AND ANY OTHER PERSON WHOSE INTERESTS MAY BE AFFECTED BY THE SIZE
OF THE LONGSHOREMEN'S REGISTER.
(B) ANY JOINT RECOMMENDATION OR PETITION GRANTED HEREUNDER SHALL BE
SUBJECT TO SUCH TERMS AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE.
4. ANY DETERMINATION BY THE COMMISSION PURSUANT TO THIS SECTION TO
SUSPEND OR ACCEPT APPLICATIONS FOR INCLUSION IN THE LONGSHOREMEN'S
REGISTER SHALL BE MADE UPON A RECORD, SHALL NOT BECOME EFFECTIVE UNTIL
FIVE DAYS AFTER NOTICE THEREOF TO THE COLLECTIVE BARGAINING REPRESEN-
TATIVE OF STEVEDORES AND OTHER EMPLOYERS OF LONGSHOREMEN IN THE PORT OF
S. 8308--A 47 A. 8808--A
NEW YORK DISTRICT IN THIS STATE AND TO THE LABOR ORGANIZATION REPRESENT-
ING SUCH LONGSHOREMEN AND/OR THE PETITIONING STEVEDORE OR OTHER EMPLOYER
OF LONGSHOREMEN IN THE PORT OF NEW YORK DISTRICT IN THIS STATE AND SHALL
BE SUBJECT TO JUDICIAL REVIEW FOR BEING ARBITRARY, CAPRICIOUS, AND AN
ABUSE OF DISCRETION IN A PROCEEDING JOINTLY INSTITUTED BY SUCH REPRESEN-
TATIVE AND SUCH LABOR ORGANIZATION AND/OR BY THE PETITIONING STEVEDORE
OR OTHER EMPLOYER OF LONGSHOREMEN IN THE PORT OF NEW YORK DISTRICT IN
THIS STATE. SUCH JUDICIAL REVIEW PROCEEDING MAY BE INSTITUTED IN THE
MANNER PROVIDED BY THE LAW OF THIS STATE FOR REVIEW OF THE FINAL DECI-
SION OR ACTION OF ADMINISTRATIVE AGENCIES OF THIS STATE, PROVIDED,
HOWEVER, THAT SUCH PROCEEDING SHALL BE DECIDED DIRECTLY BY THE APPELLATE
DIVISION AS THE COURT OF FIRST INSTANCE (TO WHICH THE PROCEEDING SHALL
BE TRANSFERRED BY ORDER OF TRANSFER BY THE SUPREME COURT IN THE STATE OF
NEW YORK BY NOTICE OF APPEAL FROM THE COMMISSION'S DETERMINATION) AND
PROVIDED FURTHER THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW IN THIS
STATE NO COURT SHALL HAVE POWER TO STAY THE COMMISSION'S DETERMINATION
PRIOR TO FINAL JUDICIAL DECISION FOR MORE THAN FIFTEEN DAYS. IN THE
EVENT THAT THE COURT ENTERS A FINAL ORDER SETTING ASIDE THE DETERMI-
NATION BY THE COMMISSION TO ACCEPT APPLICATIONS FOR INCLUSION IN THE
LONGSHOREMEN'S REGISTER, THE REGISTRATION OF ANY LONGSHOREMEN INCLUDED
IN THE LONGSHOREMEN'S REGISTER AS A RESULT OF SUCH DETERMINATION BY THE
COMMISSION SHALL BE CANCELLED.
5. THIS SECTION SHALL APPLY, NOTWITHSTANDING ANY OTHER PROVISION OF
THIS ACT, PROVIDED HOWEVER, SUCH SECTION SHALL NOT IN ANY WAY LIMIT OR
RESTRICT THE PROVISIONS OF THIS SUBDIVISION EMPOWERING THE COMMISSION TO
REGISTER LONGSHOREMEN ON A TEMPORARY BASIS TO MEET SPECIAL OR EMERGENCY
NEEDS OR THE PROVISIONS OF SUBDIVISION FOUR OF SECTION FIVE HUNDRED
THIRTY-FOUR-K OF THIS ARTICLE RELATING TO THE IMMEDIATE REINSTATEMENT OF
PERSONS REMOVED FROM THE LONGSHOREMEN'S REGISTER PURSUANT TO THIS
SECTION.
6. UPON THE GRANTING OF ANY JOINT RECOMMENDATION OR PETITION UNDER
THIS SECTION FOR THE ACCEPTANCE OF APPLICATIONS FOR INCLUSION IN THE
LONGSHOREMEN'S REGISTER, THE COMMISSION SHALL ACCEPT APPLICATIONS UPON
WRITTEN SPONSORSHIP FROM THE PROSPECTIVE EMPLOYER OF LONGSHOREMEN. THE
SPONSORING EMPLOYER SHALL FURNISH THE COMMISSION WITH THE NAME, ADDRESS
AND SUCH OTHER IDENTIFYING OR CATEGORY INFORMATION AS THE COMMISSION MAY
PRESCRIBE FOR ANY PERSON SO SPONSORED. THE SPONSORING EMPLOYER SHALL
CERTIFY THAT THE SELECTION OF THE PERSONS SO SPONSORED WAS MADE IN A
FAIR AND NON-DISCRIMINATORY BASIS IN ACCORDANCE WITH THE REQUIREMENTS OF
THE LAWS OF THE UNITED STATES AND THE STATE OF NEW YORK DEALING WITH
EQUAL EMPLOYMENT OPPORTUNITIES. NOTWITHSTANDING ANY OF THE FOREGOING,
WHERE THE COMMISSION DETERMINES TO ACCEPT APPLICATIONS FOR INCLUSION IN
THE LONGSHOREMEN'S REGISTER ON ITS OWN INITIATIVE, SUCH ACCEPTANCE SHALL
BE ACCOMPLISHED IN SUCH MANNER DEEMED APPROPRIATE BY THE COMMISSION.
7. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE COMMISSION
MAY INCLUDE IN THE LONGSHOREMEN'S REGISTER UNDER SUCH TERMS AND CONDI-
TIONS AS THE COMMISSION MAY PRESCRIBE:
(A) A PERSON ISSUED REGISTRATION ON A TEMPORARY BASIS TO MEET SPECIAL
OR EMERGENCY NEEDS WHO IS STILL SO REGISTERED BY THE COMMISSION; AND
(B) A PERSON DEFINED AS A LONGSHOREMAN IN SUBPARAGRAPH FOUR OF PARA-
GRAPH (A), OR PARAGRAPH (B) OF SUBDIVISION TWELVE OF SECTION FIVE
HUNDRED THIRTY-FOUR-B OF THIS ARTICLE WHO IS EMPLOYED BY A STEVEDORE
DEFINED IN PARAGRAPH (C) OR (D) OF SUBDIVISION TWENTY-TWO OF SECTION
FIVE HUNDRED THIRTY-FOUR-B OF THIS ARTICLE AND WHOSE EMPLOYMENT IS NOT
SUBJECT TO THE GUARANTEED ANNUAL INCOME PROVISIONS OF ANY COLLECTIVE
BARGAINING AGREEMENT RELATING TO LONGSHOREMEN.
S. 8308--A 48 A. 8808--A
8. THE COMMISSION MAY INCLUDE IN THE LONGSHOREMEN'S REGISTER, UNDER
SUCH TERMS AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE, PERSONS
ISSUED REGISTRATION ON A TEMPORARY BASIS AS A LONGSHOREMAN OR A CHECKER
TO MEET SPECIAL OR EMERGENCY NEEDS AND WHO ARE STILL SO REGISTERED BY
THE COMMISSION UPON THE ENACTMENT OF THIS ACT.
9. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO MODIFY, LIMIT OR
RESTRICT IN ANY WAY ANY OF THE RIGHTS PROTECTED BY SECTION FIVE HUNDRED
THIRTY-FOUR-Q OF THIS ARTICLE.
§ 534-M. PORT WATCHMEN. 1. NO PERSON SHALL ACT AS A PORT WATCHMAN
WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE WITHOUT FIRST HAVING
OBTAINED A LICENSE FROM THE COMMISSION OR PREVIOUSLY, FROM THE BI-STATE
COMMISSION, AND NO PERSON SHALL EMPLOY A PORT WATCHMAN WHO IS NOT SO
LICENSED.
2. A LICENSE TO ACT AS A PORT WATCHMAN SHALL BE ISSUED ONLY UPON WRIT-
TEN APPLICATION, DULY VERIFIED, WHICH SHALL STATE THE FOLLOWING:
(A) THE FULL NAME, RESIDENCE, BUSINESS ADDRESS (IF ANY), PLACE AND
DATE OF BIRTH AND SOCIAL SECURITY NUMBER OF THE APPLICANT;
(B) THE PRESENT AND PREVIOUS OCCUPATIONS OF THE APPLICANT, INCLUDING
THE PLACES WHERE THE PERSON WAS EMPLOYED AND THE NAMES OF THE PERSON'S
EMPLOYERS;
(C) THE CITIZENSHIP OF THE APPLICANT AND, IF THE PERSON IS A NATURAL-
IZED CITIZEN OF THE UNITED STATES, THE COURT AND DATE OF NATURALIZATION;
AND
(D) SUCH FURTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE COMMIS-
SION TO ASCERTAIN THE CHARACTER, INTEGRITY AND IDENTITY OF THE APPLI-
CANT.
3. NO SUCH LICENSE SHALL BE GRANTED:
(A) UNLESS THE COMMISSION SHALL BE SATISFIED THAT THE APPLICANT
POSSESSES GOOD CHARACTER AND INTEGRITY;
(B) IF THE APPLICANT HAS, WITHOUT SUBSEQUENT PARDON, BEEN CONVICTED BY
A COURT OF THE UNITED STATES OR OF ANY STATE OR TERRITORY THEREOF OF THE
COMMISSION OF, OR THE ATTEMPT OR CONSPIRACY TO COMMIT, TREASON, MURDER,
MANSLAUGHTER OR ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT FOR A TERM
EXCEEDING ONE YEAR OR ANY OF THE MISDEMEANORS OR OFFENSES DESCRIBED IN
PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-FOUR-F
OF THIS ARTICLE;
(C) UNLESS THE APPLICANT SHALL MEET SUCH REASONABLE STANDARDS OF PHYS-
ICAL AND MENTAL FITNESS FOR THE DISCHARGE OF A PORT WATCHMEN'S DUTIES AS
MAY FROM TIME TO TIME BE ESTABLISHED BY THE COMMISSION;
(D) IF THE APPLICANT SHALL BE A MEMBER OF ANY LABOR ORGANIZATION WHICH
REPRESENTS LONGSHOREMEN OR PIER SUPERINTENDENTS OR HIRING AGENTS; BUT
NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIBIT PORT WATCHMEN FROM
BEING REPRESENTED BY A LABOR ORGANIZATION OR ORGANIZATIONS WHICH DO NOT
ALSO REPRESENT LONGSHOREMEN OR PIER SUPERINTENDENTS OR HIRING AGENTS.
THE AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZA-
TIONS AND ANY OTHER SIMILAR FEDERATION, CONGRESS OR OTHER ORGANIZATION
OF NATIONAL OR INTERNATIONAL OCCUPATIONAL OR INDUSTRIAL LABOR ORGANIZA-
TIONS SHALL NOT BE CONSIDERED AN ORGANIZATION WHICH REPRESENTS LONG-
SHOREMEN OR PIER SUPERINTENDENTS OR HIRING AGENTS WITHIN THE MEANING OF
THIS SECTION ALTHOUGH ONE OF THE FEDERATED OR CONSTITUENT LABOR ORGAN-
IZATIONS THEREOF MAY REPRESENT LONGSHOREMEN OR PIER SUPERINTENDENTS OR
HIRING AGENTS;
(E) IF THE APPLICANT KNOWINGLY OR WILLFULLY ADVOCATES THE DESIRABILITY
OF OVERTHROWING OR DESTROYING THE GOVERNMENT OF THE UNITED STATES BY
FORCE OR VIOLENCE OR SHALL BE A MEMBER OF A GROUP WHICH ADVOCATES SUCH
DESIRABILITY, KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH ADVOCACY.
S. 8308--A 49 A. 8808--A
4. WHEN THE APPLICATION SHALL HAVE BEEN EXAMINED AND SUCH FURTHER
INQUIRY AND INVESTIGATION MADE AS THE COMMISSION SHALL DEEM PROPER AND
WHEN THE COMMISSION SHALL BE SATISFIED THEREFROM THAT THE APPLICANT
POSSESSES THE QUALIFICATIONS AND REQUIREMENTS PRESCRIBED BY THIS SECTION
AND REGULATIONS ISSUED PURSUANT THERETO, THE COMMISSION SHALL ISSUE AND
DELIVER A LICENSE TO THE APPLICANT. THE COMMISSION MAY ISSUE A TEMPORARY
PERMIT TO ANY APPLICANT FOR A LICENSE UNDER THE PROVISIONS OF THIS
SECTION PENDING FINAL ACTION ON AN APPLICATION MADE FOR SUCH A LICENSE.
ANY SUCH PERMIT SHALL BE VALID FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
5. A LICENSE GRANTED PURSUANT TO THIS SECTION SHALL CONTINUE FOR A
TERM OF THREE YEARS. A LICENSE MAY BE RENEWED BY THE COMMISSION FOR
SUCCESSIVE THREE-YEAR PERIODS UPON FULFILLING THE SAME REQUIREMENTS AS
SET FORTH IN THIS SECTION FOR AN ORIGINAL APPLICATION.
6. NOTWITHSTANDING ANY PROVISION SET FORTH IN THIS SECTION, A LICENSE
TO ACT AS A PORT WATCHMAN SHALL CONTINUE AND NEED NOT BE RENEWED,
PROVIDED THE LICENSEE SHALL, AS REQUIRED BY THE COMMISSION:
(A) SUBMIT TO A MEDICAL EXAMINATION AND MEET THE PHYSICAL AND MENTAL
FITNESS STANDARDS ESTABLISHED BY THE COMMISSION PURSUANT TO PARAGRAPH
(C) OF SUBDIVISION THREE OF THIS SECTION;
(B) COMPLETE A REFRESHER COURSE OF TRAINING; AND
(C) SUBMIT SUPPLEMENTARY PERSONAL HISTORY INFORMATION.
7. ANY LICENSE ISSUED PURSUANT TO THIS SECTION MAY BE REVOKED OR
SUSPENDED FOR SUCH PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST
OR THE LICENSEE THEREUNDER MAY BE REPRIMANDED FOR ANY OF THE FOLLOWING
OFFENSES:
(A) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT OR REQUIRE
THE PERSON'S DISQUALIFICATION FROM RECEIVING A LICENSE UPON ORIGINAL
APPLICATION;
(B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING THE LICENSE; AND
(C) ANY OTHER OFFENSE DESCRIBED IN PARAGRAPHS (C), (D), (E), (F), (G),
(H), AND (I) OF SUBDIVISION SEVEN OF SECTION FIVE HUNDRED THIRTY-FOUR-F
OF THIS ARTICLE.
8. THE COMMISSION SHALL, AT REGULAR INTERVALS, CANCEL THE LICENSE OR
TEMPORARY PERMIT OF A PORT WATCHMAN WHO SHALL HAVE FAILED DURING THE
PRECEDING TWELVE MONTHS TO HAVE WORKED AS A PORT WATCHMAN IN THE PORT OF
NEW YORK DISTRICT A MINIMUM NUMBER OF HOURS AS SHALL HAVE BEEN ESTAB-
LISHED BY THE COMMISSION, EXCEPT THAT IMMEDIATE RESTORATION OF SUCH
LICENSE OR TEMPORARY PERMIT SHALL BE MADE UPON PROPER SHOWING THAT THE
FAILURE TO SO WORK WAS CAUSED BY THE FACT THAT THE LICENSEE OR PERMITTEE
WAS ENGAGED IN THE MILITARY SERVICE OF THE UNITED STATES OR WAS INCAPAC-
ITATED BY ILL HEALTH, PHYSICAL INJURY OR OTHER GOOD CAUSE.
9. ANY APPLICANT FOR PORT WATCHMAN INELIGIBLE FOR A LICENSE BY REASON
OF THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION
MAY PETITION FOR AND THE COMMISSION MAY ISSUE AN ORDER REMOVING THE
INELIGIBILITY. A PETITION FOR AN ORDER TO REMOVE INELIGIBILITY MAY BE
MADE TO THE COMMISSION BEFORE OR AFTER THE HEARING REQUIRED BY SECTION
FIVE HUNDRED THIRTY-FOUR-N OF THIS ARTICLE.
§ 534-N. HEARINGS, DETERMINATIONS AND REVIEW. 1. THE COMMISSION SHALL
NOT DENY ANY APPLICATION FOR A LICENSE OR REGISTRATION WITHOUT GIVING
THE APPLICANT OR PROSPECTIVE LICENSEE REASONABLE PRIOR NOTICE AND AN
OPPORTUNITY TO BE HEARD BY THE COMMISSION.
2. ANY APPLICATION FOR A LICENSE OR FOR INCLUSION IN THE
LONGSHOREMEN'S REGISTER, AND ANY LICENSE ISSUED OR REGISTRATION MADE,
MAY BE DENIED, REVOKED, OR SUSPENDED ONLY IN THE MANNER PRESCRIBED IN
THIS SECTION.
S. 8308--A 50 A. 8808--A
3. THE COMMISSION MAY ON ITS OWN INITIATIVE OR ON COMPLAINT OF ANY
PERSON, INCLUDING ANY PUBLIC OFFICIAL OR AGENCY, INSTITUTE PROCEEDINGS
TO REVOKE OR SUSPEND ANY LICENSE OR REGISTRATION AFTER A HEARING AT
WHICH THE LICENSEE OR REGISTRANT AND ANY PERSON MAKING SUCH COMPLAINT
SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD, PROVIDED THAT ANY ORDER OF
THE COMMISSION REVOKING OR SUSPENDING ANY LICENSE OR REGISTRATION SHALL
NOT BECOME EFFECTIVE UNTIL FIFTEEN DAYS SUBSEQUENT TO THE SERVING OF
NOTICE THEREOF UPON THE LICENSEE OR REGISTRANT UNLESS IN THE OPINION OF
THE COMMISSION THE CONTINUANCE OF THE LICENSE OR REGISTRATION FOR SUCH
PERIOD WOULD BE INIMICAL TO THE PUBLIC PEACE OR SAFETY. SUCH HEARINGS
SHALL BE HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY BE PRESCRIBED
BY THE RULES OF THE COMMISSION, BUT SUCH NOTICE SHALL BE OF NOT LESS
THAN TEN DAYS AND SHALL STATE THE NATURE OF THE COMPLAINT.
4. PENDING THE DETERMINATION OF SUCH HEARING PURSUANT TO SUBDIVISION
THREE OF THIS SECTION, THE COMMISSION MAY TEMPORARILY SUSPEND A PERMIT,
LICENSE OR REGISTRATION UNTIL FURTHER ORDER OF THE COMMISSION IF IN THE
OPINION OF THE COMMISSION THE CONTINUANCE OF THE PERMIT, LICENSE OR
REGISTRATION FOR SUCH PERIOD IS INIMICAL TO THE PUBLIC PEACE OR SAFETY.
(A) THE COMMISSION MAY TEMPORARILY SUSPEND A PERMIT, LICENSE OR REGIS-
TRATION PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION UNTIL FURTHER
ORDER OF THE COMMISSION OR FINAL DISPOSITION OF THE UNDERLYING CASE,
ONLY WHERE THE PERMITTEE, LICENSEE OR REGISTRANT HAS BEEN INDICTED FOR,
OR OTHERWISE CHARGED WITH, A CRIME WHICH IS EQUIVALENT TO A FELONY IN
THE STATE OF NEW YORK OR ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT
FOR A TERM EXCEEDING ONE YEAR OR ONLY WHERE THE PERMITTEE OR LICENSEE IS
A PORT WATCHMAN WHO IS CHARGED BY THE COMMISSION PURSUANT TO THIS
SECTION WITH MISAPPROPRIATING ANY OTHER PERSON'S PROPERTY AT OR ON A
PIER OR OTHER WATERFRONT TERMINAL.
(B) IN THE CASE OF A PERMITTEE, LICENSEE OR REGISTRANT WHO HAS BEEN
INDICTED FOR, OR OTHERWISE CHARGED WITH, A CRIME, THE TEMPORARY SUSPEN-
SION SHALL TERMINATE IMMEDIATELY UPON ACQUITTAL OR UPON DISMISSAL OF THE
CRIMINAL CHARGE, UNLESS IN THE OPINION OF THE COMMISSION THE CONTINUANCE
OF ANY SUCH PERMIT, LICENSE OR REGISTRATION IS INIMICAL TO THE PUBLIC
PEACE OR SAFETY.
(C) A PERSON WHOSE PERMIT, LICENSE OR REGISTRATION HAS BEEN TEMPORAR-
ILY SUSPENDED MAY, AT ANY TIME, DEMAND THAT THE COMMISSION CONDUCT A
HEARING AS PROVIDED FOR IN THIS SECTION. WITHIN SIXTY DAYS OF SUCH
DEMAND, THE COMMISSION SHALL COMMENCE THE HEARING AND, WITHIN THIRTY
DAYS OF RECEIPT OF THE ADMINISTRATIVE JUDGE'S REPORT AND RECOMMENDATION,
THE COMMISSION SHALL RENDER A FINAL DETERMINATION THEREON; PROVIDED,
HOWEVER, THAT THESE TIME REQUIREMENTS, SHALL NOT APPLY FOR ANY PERIOD OF
DELAY CAUSED OR REQUESTED BY THE PERMITTEE, LICENSEE OR REGISTRANT. UPON
FAILURE OF THE COMMISSION TO COMMENCE A HEARING OR RENDER A DETERMI-
NATION WITHIN THE TIME LIMITS PRESCRIBED HEREIN, THE TEMPORARY SUSPEN-
SION OF THE LICENSEE OR REGISTRANT SHALL IMMEDIATELY TERMINATE. NOTWITH-
STANDING ANY OTHER PROVISION OF THIS SUBDIVISION, IF A FEDERAL, STATE,
OR LOCAL LAW ENFORCEMENT AGENCY OR PROSECUTOR'S OFFICE SHALL REQUEST THE
SUSPENSION OR DEFERMENT OF ANY HEARING ON THE GROUND THAT SUCH A HEARING
WOULD OBSTRUCT OR PREJUDICE AN INVESTIGATION OR PROSECUTION, THE COMMIS-
SION MAY IN ITS DISCRETION, POSTPONE OR DEFER SUCH HEARING FOR A TIME
CERTAIN OR INDEFINITELY. ANY ACTION BY THE COMMISSION TO POSTPONE A
HEARING SHALL BE SUBJECT TO IMMEDIATE JUDICIAL REVIEW AS PROVIDED IN
SUBDIVISION SEVEN OF THIS SECTION.
(D) THE COMMISSION MAY IN ADDITION, WITHIN ITS DISCRETION, BAR ANY
PERMITTEE, LICENSEE OR REGISTRANT WHOSE LICENSE OR REGISTRATION HAS BEEN
SUSPENDED PURSUANT TO THIS SECTION, FROM ANY EMPLOYMENT BY A LICENSED
S. 8308--A 51 A. 8808--A
STEVEDORE OR A CARRIER OF FREIGHT BY WATER DURING THE PERIOD OF SUCH
SUSPENSION, IF THE ALLEGED CRIME THAT FORMS THE BASIS OF SUCH SUSPENSION
INVOLVES THE POSSESSION WITH INTENT TO DISTRIBUTE, SALE, OR DISTRIBUTION
OF A CONTROLLED DANGEROUS SUBSTANCE (CONTROLLED SUBSTANCE), OR
CONTROLLED DANGEROUS SUBSTANCE ANALOG (CONTROLLED SUBSTANCE ANALOG),
RACKETEERING OR THEFT FROM A PIER OR WATERFRONT TERMINAL.
5. THE COMMISSION, OR SUCH OFFICER, EMPLOYEE OR AGENT OF THE COMMIS-
SION AS MAY BE DESIGNATED BY THE COMMISSION FOR SUCH PURPOSE, SHALL HAVE
THE POWER TO ISSUE SUBPOENAS TO COMPEL THE ATTENDANCE OF WITNESSES AND
THE GIVING OF TESTIMONY OR PRODUCTION OF OTHER EVIDENCE AND TO ADMINIS-
TER OATHS IN CONNECTION WITH ANY SUCH HEARING. IT SHALL BE THE DUTY OF
THE COMMISSION OR OF ANY OFFICER, EMPLOYEE OR AGENT OF THE COMMISSION
DESIGNATED BY THE COMMISSION FOR SUCH PURPOSE TO ISSUE SUBPOENAS AT THE
REQUEST OF AND UPON BEHALF OF THE LICENSEE, REGISTRANT OR APPLICANT.
THE COMMISSION OR SUCH PERSON CONDUCTING THE HEARING SHALL NOT BE BOUND
BY COMMON LAW OR STATUTORY RULES OF EVIDENCE OR BY TECHNICAL OR FORMAL
RULES OF PROCEDURE IN THE CONDUCT OF SUCH HEARING.
6. UPON THE CONCLUSION OF THE HEARING, THE COMMISSION SHALL TAKE SUCH
ACTION UPON SUCH FINDINGS AND DETERMINATION AS IT DEEMS PROPER AND SHALL
EXECUTE AN ORDER CARRYING SUCH FINDINGS INTO EFFECT. THE ACTION IN THE
CASE OF AN APPLICATION FOR A LICENSE OR REGISTRATION SHALL BE THE GRANT-
ING OR DENIAL THEREOF. THE ACTION IN THE CASE OF A LICENSEE SHALL BE
REVOCATION OF THE LICENSE OR SUSPENSION THEREOF FOR A FIXED PERIOD OR
REPRIMAND OR A DISMISSAL OF THE CHARGES. THE ACTION IN THE CASE OF A
REGISTERED LONGSHOREMAN SHALL BE DISMISSAL OF THE CHARGES, REPRIMAND OR
REMOVAL FROM THE LONGSHOREMEN'S REGISTER FOR A FIXED PERIOD OR PERMA-
NENTLY.
7. THE ACTION OF THE COMMISSION IN DENYING ANY APPLICATION FOR A
LICENSE OR IN REFUSING TO INCLUDE ANY PERSON IN THE LONGSHOREMEN'S
REGISTER UNDER THIS ACT OR IN SUSPENDING OR REVOKING SUCH LICENSE OR
REMOVING ANY PERSON FROM THE LONGSHOREMEN'S REGISTER OR IN REPRIMANDING
A LICENSEE OR REGISTRANT SHALL BE SUBJECT TO JUDICIAL REVIEW BY A
PROCEEDING INSTITUTED IN THIS STATE AT THE INSTANCE OF THE APPLICANT,
LICENSEE OR REGISTRANT IN THE MANNER PROVIDED BY STATE LAW FOR REVIEW OF
THE FINAL DECISION OR ACTION OF AN AGENCY OF THIS STATE PROVIDED, HOWEV-
ER, THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW THE COURT SHALL HAVE
POWER TO STAY FOR NOT MORE THAN THIRTY DAYS AN ORDER OF THE COMMISSION
SUSPENDING OR REVOKING A LICENSE OR REMOVING A LONGSHOREMAN FROM THE
LONGSHOREMEN'S REGISTER.
8. AT HEARINGS CONDUCTED BY THE COMMISSION PURSUANT TO THIS SECTION,
APPLICANTS, PROSPECTIVE LICENSEES, LICENSEES AND REGISTRANTS SHALL HAVE
THE RIGHT TO BE ACCOMPANIED AND REPRESENTED BY COUNSEL.
9. AFTER THE CONCLUSION OF A HEARING BUT PRIOR TO THE MAKING OF AN
ORDER BY THE COMMISSION, A HEARING MAY, UPON PETITION AND IN THE
DISCRETION OF THE HEARING OFFICER, BE REOPENED FOR THE PRESENTATION OF
ADDITIONAL EVIDENCE. SUCH PETITION TO REOPEN THE HEARING SHALL STATE IN
DETAIL THE NATURE OF THE ADDITIONAL EVIDENCE, TOGETHER WITH THE REASONS
FOR THE FAILURE TO SUBMIT SUCH EVIDENCE PRIOR TO THE CONCLUSION OF THE
HEARING. THE COMMISSION MAY UPON ITS OWN MOTION AND UPON REASONABLE
NOTICE REOPEN A HEARING FOR THE PRESENTATION OF ADDITIONAL EVIDENCE.
UPON PETITION, AFTER THE MAKING OF AN ORDER OF THE COMMISSION, REHEARING
MAY BE GRANTED IN THE DISCRETION OF THE COMMISSION. SUCH A PETITION FOR
REHEARING SHALL STATE IN DETAIL THE GROUNDS UPON WHICH THE PETITION IS
BASED AND SHALL SEPARATELY SET FORTH EACH ERROR OF LAW AND FACT ALLEGED
TO HAVE BEEN MADE BY THE COMMISSION IN ITS DETERMINATION, TOGETHER WITH
THE FACTS AND ARGUMENTS IN SUPPORT THEREOF. SUCH PETITION SHALL BE FILED
S. 8308--A 52 A. 8808--A
WITH THE COMMISSION NOT LATER THAN THIRTY DAYS AFTER SERVICE OF SUCH
ORDER, UNLESS THE COMMISSION FOR GOOD CAUSE SHOWN SHALL OTHERWISE
DIRECT. THE COMMISSION MAY UPON ITS OWN MOTION GRANT A REHEARING AFTER
THE MAKING OF AN ORDER.
§ 534-O. EMPLOYMENT INFORMATION CENTERS. 1. THE COMMISSION SHALL
ESTABLISH AND MAINTAIN ONE OR MORE EMPLOYMENT INFORMATION CENTERS WITHIN
THE PORT OF NEW YORK DISTRICT IN THIS STATE AT SUCH LOCATIONS AS IT MAY
DETERMINE. NO PERSON SHALL, DIRECTLY OR INDIRECTLY, HIRE ANY PERSON FOR
WORK AS A LONGSHOREMAN OR PORT WATCHMAN WITHIN THE PORT OF NEW YORK
DISTRICT IN THIS STATE, EXCEPT THROUGH SUCH PARTICULAR EMPLOYMENT INFOR-
MATION CENTER OR CENTERS AS MAY BE PRESCRIBED BY THE COMMISSION. NO
PERSON SHALL ACCEPT ANY EMPLOYMENT AS A LONGSHOREMAN OR PORT WATCHMAN
WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE, EXCEPT THROUGH SUCH
AN EMPLOYMENT INFORMATION CENTER. AT EACH SUCH EMPLOYMENT INFORMATION
CENTER THE COMMISSION SHALL KEEP AND EXHIBIT THE LONGSHOREMEN'S REGISTER
AND ANY OTHER RECORDS IT SHALL DETERMINE TO THE END THAT LONGSHOREMEN
AND PORT WATCHMEN SHALL HAVE THE MAXIMUM INFORMATION AS TO AVAILABLE
EMPLOYMENT AS SUCH AT ANY TIME WITHIN THE PORT OF NEW YORK DISTRICT IN
THIS STATE AND TO THE END THAT EMPLOYERS SHALL HAVE AN ADEQUATE OPPORTU-
NITY TO FILL THEIR REQUIREMENTS OF REGISTERED LONGSHOREMEN AND PORT
WATCHMEN AT ALL TIMES.
2. EVERY EMPLOYER OF LONGSHOREMEN OR PORT WATCHMEN WITHIN THE PORT OF
NEW YORK DISTRICT IN THIS STATE SHALL FURNISH SUCH INFORMATION AS MAY BE
REQUIRED BY THE RULES AND REGULATIONS PRESCRIBED BY THE COMMISSION WITH
REGARD TO THE NAME OF EACH PERSON HIRED AS A LONGSHOREMAN OR PORT WATCH-
MAN, THE TIME AND PLACE OF HIRING, THE TIME, PLACE AND HOURS OF WORK,
AND THE COMPENSATION THEREFOR.
§ 534-P. IMPLEMENTATION OF TELECOMMUNICATIONS HIRING SYSTEM FOR LONG-
SHOREMEN AND CHECKERS; REGISTRATION OF TELECOMMUNICATIONS SYSTEM
CONTROLLER. 1. THE COMMISSION MAY DESIGNATE ONE OF THE EMPLOYMENT INFOR-
MATION CENTERS IT IS AUTHORIZED TO ESTABLISH AND MAINTAIN UNDER SECTION
FIVE HUNDRED THIRTY-FOUR-O OF THIS ARTICLE FOR THE IMPLEMENTATION OF A
TELECOMMUNICATIONS HIRING SYSTEM THROUGH WHICH LONGSHOREMEN AND CHECKERS
MAY BE HIRED AND ACCEPT EMPLOYMENT WITHOUT ANY PERSONAL APPEARANCE AT
SAID CENTER. ANY SUCH TELECOMMUNICATIONS HIRING SYSTEM SHALL INCORPO-
RATE HIRING AND SENIORITY AGREEMENTS BETWEEN THE EMPLOYERS OF LONGSHORE-
MEN AND CHECKERS AND THE LABOR ORGANIZATION REPRESENTING LONGSHOREMEN
AND CHECKERS IN THE PORT OF NEW YORK DISTRICT IN THIS STATE, PROVIDED
SAID AGREEMENTS ARE NOT IN CONFLICT WITH THE PROVISIONS OF THE ARTICLE.
2. THE COMMISSION SHALL PERMIT EMPLOYEES OF THE ASSOCIATION REPRESENT-
ING EMPLOYERS OF LONGSHOREMEN AND CHECKERS AND OF THE LABOR ORGANIZATION
REPRESENTING LONGSHOREMEN AND CHECKERS IN THE PORT OF NEW YORK DISTRICT
IN THIS STATE, OR OF A JOINT BOARD OF SUCH ASSOCIATION AND LABOR ORGAN-
IZATION, TO PARTICIPATE IN THE OPERATION OF SAID TELECOMMUNICATIONS
HIRING SYSTEM, PROVIDED THAT ANY SUCH EMPLOYEE IS REGISTERED BY THE
COMMISSION AS A "TELECOMMUNICATIONS SYSTEM CONTROLLER" IN ACCORDANCE
WITH THE PROVISIONS, STANDARDS AND GROUNDS SET FORTH IN THE ACT WITH
RESPECT TO THE REGISTRATION OF CHECKERS. NO PERSON SHALL ACT AS A
"TELECOMMUNICATIONS SYSTEM CONTROLLER" UNLESS THAT PERSON IS SO REGIS-
TERED. ANY APPLICATION FOR SUCH REGISTRATION AND ANY REGISTRATION MADE
OR ISSUED MAY BE DENIED, REVOKED, OR SUSPENDED, AS THE CASE MAY BE, ONLY
IN THE MANNER PRESCRIBED IN SECTION FIVE HUNDRED THIRTY-FOUR-N OF THIS
ARTICLE. ANY AND ALL SUCH PARTICIPATION IN THE OPERATION OF SAID TELE-
COMMUNICATIONS HIRING SYSTEM SHALL BE MONITORED BY THE COMMISSION.
3. ANY AND ALL RECORDS, DOCUMENTS, TAPES, DISCS AND OTHER DATA
COMPILED, COLLECTED OR MAINTAINED BY SAID ASSOCIATION OF EMPLOYERS,
S. 8308--A 53 A. 8808--A
LABOR ORGANIZATION AND JOINT BOARD OF SUCH ASSOCIATION AND LABOR ORGAN-
IZATION PERTAINING TO THE TELECOMMUNICATIONS HIRING SYSTEM SHALL BE
AVAILABLE FOR INSPECTION, INVESTIGATION AND DUPLICATION BY THE COMMIS-
SION.
§ 534-Q. CONSTRUCTION OF ACT. 1. THIS ACT IS NOT DESIGNED AND SHALL
NOT BE CONSTRUED TO LIMIT IN ANY WAY ANY RIGHTS GRANTED OR DERIVED FROM
ANY OTHER STATUTE OR ANY RULE OF LAW FOR EMPLOYEES TO ORGANIZE IN LABOR
ORGANIZATIONS, TO BARGAIN COLLECTIVELY AND TO ACT IN ANY OTHER WAY INDI-
VIDUALLY, COLLECTIVELY, AND THROUGH LABOR ORGANIZATIONS OR OTHER REPRE-
SENTATIVES OF THEIR OWN CHOOSING. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, NOTHING CONTAINED IN THIS ACT SHALL BE CONSTRUED TO LIMIT
IN ANY WAY THE RIGHT OF EMPLOYEES TO STRIKE.
2. THIS ACT IS NOT DESIGNED AND SHALL NOT BE CONSTRUED TO LIMIT IN ANY
WAY ANY RIGHTS OF LONGSHOREMEN, HIRING AGENTS, PIER SUPERINTENDENTS OR
PORT WATCHMEN OR THEIR EMPLOYERS TO BARGAIN COLLECTIVELY AND AGREE UPON
ANY METHOD FOR THE SELECTION OF SUCH EMPLOYEES BY WAY OF SENIORITY,
EXPERIENCE, REGULAR GANGS OR OTHERWISE, PROVIDED THAT SUCH EMPLOYEES
SHALL BE LICENSED OR REGISTERED HEREUNDER AND SUCH LONGSHOREMEN AND PORT
WATCHMEN SHALL BE HIRED ONLY THROUGH THE EMPLOYMENT INFORMATION CENTERS
ESTABLISHED HEREUNDER AND THAT ALL OTHER PROVISIONS OF THIS ACT BE
OBSERVED.
§ 534-R. CERTAIN SOLICITATIONS PROHIBITED; PROHIBITION AGAINST THE
HOLDING OF UNION POSITION BY OFFICERS, AGENTS OR EMPLOYEES WHO HAVE BEEN
CONVICTED OF CERTAIN CRIMES AND OFFENSES. 1. NO PERSON SHALL SOLICIT,
COLLECT OR RECEIVE ANY DUES, ASSESSMENTS, LEVIES, FINES OR CONTRIB-
UTIONS, OR OTHER CHARGES WITHIN THE STATE FOR OR ON BEHALF OF ANY LABOR
ORGANIZATION WHICH REPRESENTS EMPLOYEES REGISTERED OR LICENSED PURSUANT
TO THE PROVISIONS OF THIS ARTICLE OR WHICH DERIVES ITS CHARTER FROM A
LABOR ORGANIZATION REPRESENTING ONE HUNDRED OR MORE OF SUCH REGISTERED
OR LICENSED EMPLOYEES, IF ANY OFFICER, AGENT OR EMPLOYEE OF SUCH LABOR
ORGANIZATION, OR OF A WELFARE FUND OR TRUST ADMINISTERED PARTIALLY OR
ENTIRELY BY SUCH LABOR ORGANIZATION OR BY TRUSTEES OR OTHER PERSONS
DESIGNATED BY SUCH LABOR ORGANIZATION, HAS BEEN CONVICTED BY A COURT OF
THE UNITED STATES, OR ANY STATE OR TERRITORY THEREOF, OF A FELONY, ANY
MISDEMEANOR INVOLVING MORAL TURPITUDE OR ANY CRIME OR OFFENSE ENUMERATED
IN PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-
FOUR-J OF THIS ARTICLE, UNLESS SUCH PERSON HAS BEEN SUBSEQUENTLY
PARDONED THEREFOR BY THE GOVERNOR OR OTHER APPROPRIATE AUTHORITY OF THE
STATE OR JURISDICTION IN WHICH SUCH CONVICTION WAS HAD OR HAS RECEIVED A
CERTIFICATE OF GOOD CONDUCT FROM THE BOARD OF PAROLE PURSUANT TO THE
PROVISIONS OF THE EXECUTIVE LAW TO REMOVE THE DISABILITY. NO PERSON SO
CONVICTED SHALL SERVE AS AN OFFICER, AGENT OR EMPLOYEE OF SUCH LABOR
ORGANIZATION, WELFARE FUND OR TRUST UNLESS SUCH PERSON HAS BEEN SO
PARDONED OR HAS RECEIVED A CERTIFICATE OF GOOD CONDUCT. NO PERSON,
INCLUDING SUCH LABOR ORGANIZATION, WELFARE FUND OR TRUST, SHALL KNOWING-
LY PERMIT SUCH CONVICTED PERSON TO ASSUME OR HOLD ANY OFFICE, AGENCY, OR
EMPLOYMENT IN VIOLATION OF THIS SECTION.
2. AS USED IN THIS SECTION, THE TERM "LABOR ORGANIZATION" SHALL MEAN
AND INCLUDE ANY ORGANIZATION WHICH EXISTS AND IS CONSTITUTED FOR THE
PURPOSE IN WHOLE OR IN PART OF COLLECTIVE BARGAINING, OR OF DEALING WITH
EMPLOYERS CONCERNING GRIEVANCES, TERMS AND CONDITIONS OF EMPLOYMENT, OR
OF OTHER MUTUAL AID OR PROTECTION; BUT IT SHALL NOT INCLUDE A FEDER-
ATION OR CONGRESS OF LABOR ORGANIZATIONS ORGANIZED ON A NATIONAL OR
INTERNATIONAL BASIS EVEN THOUGH ONE OF ITS CONSTITUENT LABOR ORGANIZA-
TIONS MAY REPRESENT PERSONS SO REGISTERED OR LICENSED.
S. 8308--A 54 A. 8808--A
3. ANY PERSON WHO SHALL VIOLATE THIS SECTION SHALL BE GUILTY OF A
MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS
OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR OR BOTH.
4. IF UPON APPLICATION TO THE COMMISSION BY AN EMPLOYEE WHO HAS BEEN
CONVICTED OF A CRIME OR OFFENSE SPECIFIED IN SUBDIVISION ONE OF THIS
SECTION THE COMMISSION, IN ITS DISCRETION, DETERMINES IN AN ORDER THAT
IT WOULD NOT BE CONTRARY TO THE PURPOSES AND OBJECTIVES OF THIS ACT FOR
SUCH EMPLOYEE TO WORK IN A PARTICULAR EMPLOYMENT FOR A LABOR ORGANIZA-
TION, WELFARE FUND OR TRUST WITHIN THE MEANING OF SUBDIVISION TWO OF
THIS SECTION, THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION SHALL
NOT APPLY TO THE PARTICULAR EMPLOYMENT OF SUCH EMPLOYEE WITH RESPECT TO
SUCH CONVICTION OR CONVICTIONS AS ARE SPECIFIED IN THE COMMISSION'S
ORDER. THIS SECTION IS APPLICABLE ONLY TO THOSE EMPLOYEES WHO FOR WAGES
OR SALARY PERFORM MANUAL, MECHANICAL, OR PHYSICAL WORK OF A ROUTINE OR
CLERICAL NATURE AT THE PREMISES OF THE LABOR ORGANIZATION, WELFARE FUND
OR TRUST BY WHICH THEY ARE EMPLOYED.
5. NO PERSON WHO HAS BEEN CONVICTED OF A CRIME OR OFFENSE SPECIFIED IN
SUBDIVISION ONE OF THIS SECTION SHALL DIRECTLY OR INDIRECTLY SERVE AS AN
OFFICER, AGENT OR EMPLOYEE OF A LABOR ORGANIZATION, WELFARE FUND OR
TRUST UNLESS SUCH PERSON HAS BEEN SUBSEQUENTLY PARDONED FOR SUCH CRIME
OR OFFENSE BY THE GOVERNOR OR OTHER APPROPRIATE AUTHORITY OF THE STATE
OR JURISDICTION IN WHICH SUCH CONVICTION WAS HAD OR HAS RECEIVED A
CERTIFICATE OF GOOD CONDUCT OR OTHER RELIEF FROM DISABILITIES ARISING
FROM THE FACT OF CONVICTION FROM A BOARD OF PAROLE OR SIMILAR AUTHORITY
OR HAS RECEIVED PURSUANT TO SUBDIVISION ONE OF THIS SECTION AN ORDER OF
EXCEPTION FROM THE COMMISSION. NO PERSON, INCLUDING A LABOR ORGANIZA-
TION, WELFARE FUND OR TRUST WITHIN THE MEANING OF SUBDIVISION ONE OF
THIS SECTION, SHALL KNOWINGLY PERMIT ANY OTHER PERSON TO ASSUME OR HOLD
ANY OFFICE, AGENCY OR EMPLOYMENT IN VIOLATION OF THIS SECTION.
6. THE COMMISSION MAY MAINTAIN A CIVIL ACTION AGAINST ANY PERSON,
LABOR ORGANIZATION, WELFARE FUND OR TRUST OR OFFICERS THEREOF TO COMPEL
COMPLIANCE WITH THIS SECTION, OR TO PREVENT ANY VIOLATIONS, THE AIDING
AND ABETTING THEREOF, OR ANY ATTEMPT OR CONSPIRACY TO VIOLATE THIS
SECTION, EITHER BY MANDAMUS, INJUNCTION OR ACTION OR PROCEEDING IN LIEU
OF PREROGATIVE WRIT AND UPON A PROPER SHOWING A TEMPORARY RESTRAINING
ORDER OR OTHER APPROPRIATE TEMPORARY ORDER SHALL BE GRANTED EX PARTE AND
WITHOUT BOND PENDING FINAL HEARING AND DETERMINATION. NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO MODIFY, LIMIT OR RESTRICT IN ANY WAY THE
PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
§ 534-S. GENERAL VIOLATIONS; PROSECUTIONS; PENALTIES. 1. THE FAILURE
OF ANY WITNESS, WHEN DULY SUBPOENAED TO ATTEND, GIVE TESTIMONY OR
PRODUCE OTHER EVIDENCE, WHETHER OR NOT AT A HEARING, SHALL BE PUNISHABLE
BY THE SUPREME COURT IN NEW YORK IN THE SAME MANNER AS SAID FAILURE IS
PUNISHABLE BY SUCH COURT IN A CASE THEREIN PENDING.
2. ANY PERSON WHO, HAVING BEEN DULY SWORN OR AFFIRMED AS A WITNESS IN
ANY SUCH HEARING, SHALL WILLFULLY GIVE FALSE TESTIMONY OR WHO SHALL
WILLFULLY MAKE OR FILE ANY FALSE OR FRAUDULENT REPORT OR STATEMENT
REQUIRED BY THIS ARTICLE TO BE MADE OR FILED UNDER OATH, SHALL BE GUILTY
OF A MISDEMEANOR, PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND
DOLLARS OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR OR BOTH.
3. ANY PERSON WHO, HAVING BEEN DULY SWORN OR AFFIRMED AS A WITNESS IN
ANY INVESTIGATION, INTERVIEW OR OTHER PROCEEDING CONDUCTED BY THE
COMMISSION PURSUANT TO THE PROVISIONS OF THIS ARTICLE, SHALL WILLFULLY
GIVE FALSE TESTIMONY SHALL BE GUILTY OF A MISDEMEANOR, PUNISHABLE BY A
FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE
THAN ONE YEAR OR BOTH.
S. 8308--A 55 A. 8808--A
4. THE COMMISSION MAY MAINTAIN A CIVIL ACTION ON BEHALF OF THE STATE
AGAINST ANY PERSON WHO VIOLATES OR ATTEMPTS OR CONSPIRES TO VIOLATE THIS
SECTION OR WHO FAILS, OMITS, OR NEGLECTS TO OBEY, OBSERVE, OR COMPLY
WITH ANY ORDER OR DIRECTION OF THE COMMISSION, TO RECOVER A JUDGMENT FOR
A MONEY PENALTY NOT EXCEEDING FIVE HUNDRED DOLLARS FOR EACH AND EVERY
OFFENSE. EVERY VIOLATION OF ANY SUCH PROVISION, ORDER OR DIRECTION,
SHALL BE A SEPARATE AND DISTINCT OFFENSE, AND, IN CASE OF A CONTINUING
VIOLATION, EVERY DAY'S CONTINUANCE SHALL BE AND BE DEEMED TO BE A SEPA-
RATE AND DISTINCT OFFENSE. ANY SUCH ACTION MAY BE COMPROMISED OR
DISCONTINUED ON APPLICATION OF THE COMMISSION UPON SUCH TERMS AS THE
COURT MAY APPROVE AND A JUDGMENT MAY BE RENDERED FOR AN AMOUNT LESS THAN
THE AMOUNT DEMANDED IN THE COMPLAINT AS JUSTICE MAY REQUIRE.
5. THE COMMISSION MAY MAINTAIN A CIVIL ACTION AGAINST ANY PERSON TO
COMPEL COMPLIANCE WITH ANY OF THE PROVISIONS OF THIS ACT OR TO PREVENT
VIOLATIONS, ATTEMPTS OR CONSPIRACIES TO VIOLATE ANY SUCH PROVISIONS, OR
INTERFERENCE, ATTEMPTS OR CONSPIRACIES TO INTERFERE WITH OR IMPEDE THE
ENFORCEMENT OF ANY SUCH PROVISIONS OR THE EXERCISE PERFORMANCE OF ANY
POWER OR DUTY THEREUNDER, EITHER BY MANDAMUS, INJUNCTION OR ACTION OR
PROCEEDING IN LIEU OF PREROGATIVE WRIT.
6. ANY PERSON WHO VIOLATES OR ATTEMPTS OR CONSPIRES TO VIOLATE ANY
OTHER PROVISION OF THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR,
PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY IMPRI-
SONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
7. ANY PERSON WHO INTERFERES WITH OR IMPEDES THE ORDERLY REGISTRATION
OF LONGSHOREMEN PURSUANT TO THIS ACT OR WHO CONSPIRES TO OR ATTEMPTS TO
INTERFERE WITH OR IMPEDE SUCH REGISTRATION SHALL BE GUILTY OF A MISDE-
MEANOR, PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY
IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
8. ANY PERSON WHO DIRECTLY OR INDIRECTLY INFLICTS OR THREATENS TO
INFLICT ANY INJURY, DAMAGE, HARM OR LOSS OR IN ANY OTHER MANNER PRAC-
TICES INTIMIDATION UPON OR AGAINST ANY PERSON IN ORDER TO INDUCE OR
COMPEL SUCH PERSON OR ANY OTHER PERSON TO REFRAIN FROM REGISTERING
PURSUANT TO THIS ACT SHALL BE GUILTY OF A MISDEMEANOR, PUNISHABLE BY A
FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY IMPRISONMENT FOR NOT
MORE THAN ONE YEAR, OR BOTH.
9. ANY PERSON WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THIS ARTICLE
OR OF SECTION FIVE HUNDRED THIRTY-FOUR-X OF THIS ARTICLE FOR WHICH NO
OTHER PENALTY IS PRESCRIBED SHALL BE GUILTY OF A MISDEMEANOR, PUNISHA-
BLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY IMPRISONMENT
FOR NOT MORE THAN ONE YEAR, OR BOTH.
10. NO PERSON SHALL, WITHOUT A SATISFACTORY EXPLANATION, LOITER UPON
ANY VESSEL, DOCK, WHARF, PIER, BULKHEAD, TERMINAL, WAREHOUSE, OR OTHER
WATERFRONT FACILITY OR WITHIN FIVE HUNDRED FEET THEREOF IN THAT PORTION
OF THE PORT OF NEW YORK DISTRICT WITHIN THE STATE OF NEW YORK.
11. ANY PERSON WHO, WITHOUT JUSTIFICATION OR EXCUSE IN LAW, DIRECTLY
OR INDIRECTLY INTIMIDATES OR INFLICTS ANY INJURY, DAMAGE, HARM, LOSS OR
ECONOMIC REPRISAL UPON ANY PERSON LICENSED OR REGISTERED BY THE COMMIS-
SION, OR ANY OTHER PERSON, OR ATTEMPTS, CONSPIRES OR THREATENS SO TO
DO, IN ORDER TO INTERFERE WITH, IMPEDE OR INFLUENCE SUCH LICENSED OR
REGISTERED PERSON IN THE PERFORMANCE OR DISCHARGE OF THE PERSON'S DUTIES
OR OBLIGATIONS SHALL BE PUNISHABLE AS PROVIDED IN SUBDIVISION THREE OF
SECTION FIVE HUNDRED THIRTY-FOUR-R OF THIS ARTICLE.
12. IN ANY PROSECUTION UNDER THIS ACT, IT SHALL BE SUFFICIENT TO PROVE
ONLY A SINGLE ACT OR A SINGLE HOLDING OUT OR ATTEMPT PROHIBITED BY LAW,
WITHOUT HAVING TO PROVE A GENERAL COURSE OF CONDUCT, IN ORDER TO PROVE A
VIOLATION.
S. 8308--A 56 A. 8808--A
§ 534-T. DENIAL OF APPLICATIONS. IN ADDITION TO THE GROUNDS ELSEWHERE
SET FORTH IN THIS ARTICLE, THE COMMISSION MAY DENY AN APPLICATION FOR A
LICENSE OR REGISTRATION FOR ANY OF THE FOLLOWING:
1. CONVICTION BY A COURT OF THE UNITED STATES OR ANY STATE OR TERRITO-
RY THEREOF OF COERCION;
2. CONVICTION BY ANY SUCH COURT, AFTER HAVING BEEN PREVIOUSLY
CONVICTED BY ANY SUCH COURT OF ANY CRIME OR OF THE OFFENSES SET FORTH IN
THIS ARTICLE, OF A MISDEMEANOR OR ANY OF THE FOLLOWING OFFENSES:
ASSAULT, MALICIOUS INJURY TO PROPERTY, MALICIOUS MISCHIEF, UNLAWFUL
TAKING OF A MOTOR VEHICLE, CORRUPTION OF EMPLOYEES OR POSSESSION OF
LOTTERY OR NUMBER SLIPS;
3. FRAUD, DECEIT OR MISREPRESENTATION IN CONNECTION WITH ANY APPLICA-
TION OR PETITION SUBMITTED TO, OR ANY INTERVIEW, HEARING OR PROCEEDING
CONDUCTED BY THE COMMISSION;
4. VIOLATION OF ANY PROVISION OF THIS ACT OR COMMISSION OF ANY OFFENSE
UNDER THIS ARTICLE;
5. REFUSAL ON THE PART OF ANY APPLICANT, OR PROSPECTIVE LICENSEE, OR
OF ANY MEMBER, OFFICER OR STOCKHOLDER REQUIRED BY SUBDIVISION TWO OF
SECTION FIVE HUNDRED THIRTY-FOUR-G OF THIS ARTICLE TO SIGN OR BE IDENTI-
FIED IN AN APPLICATION FOR A STEVEDORE LICENSE, TO ANSWER ANY MATERIAL
QUESTION OR PRODUCE ANY MATERIAL EVIDENCE IN CONNECTION WITH THE
PERSON'S APPLICATION OR ANY APPLICATION MADE ON THE PERSON'S BEHALF FOR
A LICENSE OR REGISTRATION PURSUANT TO THIS ARTICLE;
6. ASSOCIATION WITH A PERSON WHO HAS BEEN IDENTIFIED BY A FEDERAL,
STATE, OR LOCAL LAW ENFORCEMENT AGENCY AS A MEMBER OR ASSOCIATE OF AN
ORGANIZED CRIME GROUP, A TERRORIST GROUP, OR A CAREER OFFENDER CARTEL,
OR WHO IS A CAREER OFFENDER, UNDER CIRCUMSTANCES WHERE SUCH ASSOCIATION
CREATES A REASONABLE BELIEF THAT THE PARTICIPATION OF THE APPLICANT IN
ANY ACTIVITY REQUIRED TO BE LICENSED UNDER THIS ARTICLE WOULD BE INIMI-
CAL TO THE POLICIES OF THIS ARTICLE; OR
7. CONVICTION OF A RACKETEERING ACTIVITY OR KNOWING ASSOCIATION WITH A
PERSON WHO HAS BEEN CONVICTED OF A RACKETEERING ACTIVITY BY A COURT OF
THE UNITED STATES OR ANY STATE OR TERRITORY THEREOF UNDER CIRCUMSTANCES
WHERE SUCH ASSOCIATION CREATES A REASONABLE BELIEF THAT THE PARTIC-
IPATION OF THE APPLICANT IN ANY ACTIVITY REQUIRED TO BE LICENSED UNDER
THIS ARTICLE WOULD BE INIMICAL TO THE POLICIES OF THIS ARTICLE.
§ 534-U. REVOCATION OF LICENSES AND REGISTRATIONS. IN ADDITION TO THE
GROUNDS ELSEWHERE SET FORTH IN THIS ARTICLE, ANY LICENSE OR REGISTRATION
ISSUED OR MADE PURSUANT THERETO MAY BE REVOKED OR SUSPENDED FOR SUCH
PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST OR THE LICENSEE OR
REGISTRANT MAY BE REPRIMANDED, FOR:
1. CONVICTION OF ANY CRIME OR OFFENSE IN RELATION TO GAMBLING, BOOK-
MAKING, POOL SELLING, LOTTERIES OR SIMILAR CRIMES OR OFFENSES IF THE
CRIME OR OFFENSE WAS COMMITTED AT OR ON A PIER OR OTHER WATERFRONT
TERMINAL OR WITHIN FIVE HUNDRED FEET THEREOF;
2. WILLFUL COMMISSION OF, OR WILLFUL ATTEMPT TO COMMIT AT OR ON A
WATERFRONT TERMINAL OR ADJACENT HIGHWAY, ANY ACT OF PHYSICAL INJURY TO
ANY OTHER PERSON OR OF WILLFUL DAMAGE TO OR MISAPPROPRIATION OF ANY
OTHER PERSON'S PROPERTY, UNLESS JUSTIFIED OR EXCUSED BY LAW;
3. RECEIPT OR SOLICITATION OF ANYTHING OF VALUE FROM ANY PERSON OTHER
THAN A LICENSEE'S OR REGISTRANT'S EMPLOYER AS CONSIDERATION FOR THE
SELECTION OR RETENTION FOR EMPLOYMENT OF SUCH LICENSEE OR REGISTRANT;
4. COERCION OF A LICENSEE OR REGISTRANT BY THREAT OF DISCRIMINATION OR
VIOLENCE OR ECONOMIC REPRISAL, TO MAKE PURCHASES FROM OR TO UTILIZE THE
SERVICES OF ANY PERSON;
S. 8308--A 57 A. 8808--A
5. REFUSAL TO ANSWER ANY MATERIAL QUESTION OR PRODUCE ANY EVIDENCE
LAWFULLY REQUIRED TO BE ANSWERED OR PRODUCED AT ANY INVESTIGATION,
INTERVIEW OR OTHER PROCEEDING CONDUCTED BY THE COMMISSION PURSUANT TO
THE PROVISIONS OF THIS ACT, OR, IF SUCH REFUSAL IS ACCOMPANIED BY A
VALID PLEA OF PRIVILEGE AGAINST SELF-INCRIMINATION, REFUSAL TO OBEY AN
ORDER TO ANSWER SUCH QUESTION OR PRODUCE SUCH EVIDENCE MADE BY THE
COMMISSION PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OF SECTION FIVE
HUNDRED THIRTY-FOUR-V OF THIS ARTICLE;
6. ASSOCIATION WITH A PERSON WHO HAS BEEN IDENTIFIED BY A FEDERAL,
STATE, OR LOCAL LAW ENFORCEMENT AGENCY AS A MEMBER OR ASSOCIATE OF AN
ORGANIZED CRIME GROUP, A TERRORIST GROUP, OR A CAREER OFFENDER CARTEL,
OR WHO IS A CAREER OFFENDER, UNDER CIRCUMSTANCES WHERE SUCH ASSOCIATION
CREATES A REASONABLE BELIEF THAT THE PARTICIPATION OF THE APPLICANT IN
ANY ACTIVITY REQUIRED TO BE LICENSED UNDER THIS ACT WOULD BE INIMICAL TO
THE POLICIES OF THIS ARTICLE; OR
7. CONVICTION OF A RACKETEERING ACTIVITY OR KNOWING ASSOCIATION WITH A
PERSON WHO HAS BEEN CONVICTED OF A RACKETEERING ACTIVITY BY A COURT OF
THE UNITED STATES OR ANY STATE OR TERRITORY THEREOF UNDER CIRCUMSTANCES
WHERE SUCH ASSOCIATION CREATES A REASONABLE BELIEF THAT THE PARTIC-
IPATION OF THE APPLICANT IN ANY ACTIVITY REQUIRED TO BE LICENSED UNDER
THIS ACT WOULD BE INIMICAL TO THE POLICIES OF THIS ARTICLE.
§ 534-V. REFUSAL TO ANSWER QUESTION, IMMUNITY; PROSECUTION. 1. IN ANY
INVESTIGATION, INTERVIEW OR OTHER PROCEEDING CONDUCTED UNDER OATH BY THE
COMMISSION OR ANY DULY AUTHORIZED OFFICER, EMPLOYEE OR AGENT THEREOF, IF
A PERSON REFUSES TO ANSWER A QUESTION OR PRODUCE EVIDENCE OF ANY OTHER
KIND ON THE GROUND THAT THE PERSON MAY BE INCRIMINATED THEREBY, AND,
NOTWITHSTANDING SUCH REFUSAL, AN ORDER IS MADE UPON TWENTY-FOUR HOURS'
PRIOR WRITTEN NOTICE TO THE ATTORNEY GENERAL OF THE STATE OF NEW YORK,
AND TO THE APPROPRIATE DISTRICT ATTORNEY OR PROSECUTOR HAVING AN OFFI-
CIAL INTEREST THEREIN, BY THE COMMISSIONER OR BY THE COMMISSIONER'S
DESIGNEES APPOINTED PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF
SECTION FIVE HUNDRED THIRTY-FOUR-C OF THIS ARTICLE, THAT SUCH PERSON
ANSWER THE QUESTION OR PRODUCE THE EVIDENCE, SUCH PERSON SHALL COMPLY
WITH THE ORDER. IF SUCH PERSON COMPLIES WITH THE ORDER, AND IF, BUT FOR
THIS SUBDIVISION, WOULD HAVE BEEN PRIVILEGED TO WITHHOLD THE ANSWER
GIVEN OR THE EVIDENCE PRODUCED BY THE PERSON, THEN IMMUNITY SHALL BE
CONFERRED UPON THE PERSON, AS PROVIDED FOR IN THIS SECTION. "IMMUNITY"
AS USED IN THIS SUBDIVISION MEANS THAT SUCH PERSON SHALL NOT BE PROSE-
CUTED OR SUBJECTED TO ANY PENALTY OR FORFEITURE FOR OR ON ACCOUNT OF ANY
TRANSACTION, MATTER OR THING CONCERNING WHICH, IN ACCORDANCE WITH THE
ORDER BY THE COMMISSION OR THE COMMISSIONER'S DESIGNEES APPOINTED PURSU-
ANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION FIVE HUNDRED THIR-
TY-FOUR-C OF THIS ARTICLE, SUCH PERSON GAVE ANSWER OR PRODUCED EVIDENCE,
AND THAT NO SUCH ANSWER GIVEN OR EVIDENCE PRODUCED SHALL BE RECEIVED
AGAINST THE PERSON UPON ANY CRIMINAL PROCEEDING. BUT THE PERSON MAY
NEVERTHELESS BE PROSECUTED OR SUBJECTED TO PENALTY OR FORFEITURE FOR ANY
PERJURY OR CONTEMPT COMMITTED IN ANSWERING, OR FAILING TO ANSWER, OR IN
PRODUCING OR FAILING TO PRODUCE EVIDENCE, IN ACCORDANCE WITH THE ORDER,
AND ANY SUCH ANSWER GIVEN OR EVIDENCE PRODUCED SHALL BE ADMISSIBLE
AGAINST THE PERSON UPON ANY CRIMINAL PROCEEDING CONCERNING SUCH PERJURY
OR CONTEMPT. IMMUNITY SHALL NOT BE CONFERRED UPON ANY PERSON EXCEPT IN
ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION. IF, AFTER COMPLI-
ANCE WITH THE PROVISIONS OF THIS SUBDIVISION, A PERSON IS ORDERED TO
ANSWER A QUESTION OR PRODUCE EVIDENCE OF ANY OTHER KIND AND COMPLIES
WITH SUCH ORDER, AND IT IS THEREAFTER DETERMINED THAT THE ATTORNEY
GENERAL OR APPROPRIATE DISTRICT ATTORNEY OR PROSECUTOR HAVING AN OFFI-
S. 8308--A 58 A. 8808--A
CIAL INTEREST THEREIN NOT NOTIFIED, SUCH FAILURE OR NEGLECT SHALL NOT
DEPRIVE SUCH PERSON OF ANY IMMUNITY OTHERWISE PROPERLY CONFERRED UPON
THE PERSON.
2. IF A PERSON, IN OBEDIENCE TO A SUBPOENA DIRECTING THE PERSON TO
ATTEND AND TESTIFY, COMES INTO THIS STATE FROM ANOTHER STATE, THE PERSON
SHALL NOT, WHILE IN THIS STATE PURSUANT TO SUCH SUBPOENA, BE SUBJECT TO
ARREST OR THE SERVICE OF PROCESS, CIVIL OR CRIMINAL, IN CONNECTION WITH
MATTERS WHICH AROSE BEFORE THE PERSON'S ENTRANCE INTO THIS STATE UNDER
THE SUBPOENA.
§ 534-W. ANNUAL PREPARATION OF A BUDGET REQUEST AND ASSESSMENTS. 1.
THE COMMISSION SHALL ANNUALLY SUBMIT A BUDGET REQUEST, WHICH SHALL BE
SUBMITTED TO THE DIRECTOR OF THE BUDGET IN SUCH FORM AS THE DIRECTOR MAY
REQUIRE.
2. AFTER TAKING INTO ACCOUNT SUCH FUNDS AS MAY BE AVAILABLE, THE
BALANCE OF THE COMMISSION'S BUDGETED EXPENSES SHALL BE ASSESSED UPON
EMPLOYERS OF PERSONS REGISTERED OR LICENSED UNDER THIS ACT. EACH SUCH
EMPLOYER SHALL PAY AN ASSESSMENT COMPUTED UPON THE GROSS PAYROLL
PAYMENTS MADE BY SUCH EMPLOYER TO LONGSHOREMEN, PIER SUPERINTENDENTS,
HIRING AGENTS AND PORT WATCHMEN FOR WORK OR LABOR PERFORMED WITHIN THE
PORT OF NEW YORK DISTRICT IN THIS STATE, AT A RATE, NOT IN EXCESS OF TWO
PER CENT, COMPUTED BY THE COMMISSION IN THE FOLLOWING MANNER: THE
COMMISSION SHALL ANNUALLY ESTIMATE THE GROSS PAYROLL PAYMENTS TO BE MADE
BY EMPLOYERS SUBJECT TO ASSESSMENT AND SHALL COMPUTE A RATE THEREON
WHICH WILL YIELD REVENUES SUFFICIENT TO FINANCE THE COMMISSION'S BUDGET
FOR EACH YEAR. SUCH BUDGET TO BE ASSESSED UPON EMPLOYERS MAY INCLUDE A
REASONABLE AMOUNT NOT TO EXCEED TEN PERCENT OF THE TOTAL OF ALL OTHER
ITEMS OF EXPENDITURE CONTAINED THEREIN, WHICH SHALL BE ALLOCATED TO AN
APPLICABLE FUND BALANCE TO BE HELD IN THE COMMISSION'S EMPLOYERS ASSESS-
MENT ACCOUNT.
3. THE COMMISSION MAY PROVIDE BY REGULATION FOR THE COLLECTION AND
AUDITING OF ASSESSMENTS. SUCH ASSESSMENTS SHALL BE PAYABLE PURSUANT TO
SUCH PROVISIONS FOR ADMINISTRATION, COLLECTION AND ENFORCEMENT AS THE
STATE MAY PROVIDE BY LEGISLATION. IN ADDITION TO ANY OTHER SANCTION
PROVIDED BY LAW, THE COMMISSION MAY REVOKE OR SUSPEND ANY LICENSE HELD
BY ANY PERSON UNDER THIS ARTICLE, OR THE PERSON'S PRIVILEGE OF EMPLOYING
PERSONS REGISTERED OR LICENSED HEREUNDER, FOR NON-PAYMENT OF ANY ASSESS-
MENT WHEN DUE.
4. THE ASSESSMENT PURSUANT TO THIS SECTION SHALL BE IN LIEU OF ANY
OTHER CHARGE FOR THE ISSUANCE OF LICENSES TO STEVEDORES, PIER SUPER-
INTENDENTS, HIRING AGENTS AND PIER WATCHMEN OR FOR THE REGISTRATION OF
LONGSHOREMEN OR THE USE OF AN EMPLOYMENT INFORMATION CENTER. THE
COMMISSION SHALL ESTABLISH REASONABLE PROCEDURES FOR THE CONSIDERATION
OF PROTESTS BY AFFECTED EMPLOYERS CONCERNING THE ESTIMATES AND COMPUTA-
TION OF THE RATE OF ASSESSMENT.
§ 534-X. PAYMENT OF ASSESSMENT. 1. EVERY PERSON SUBJECT TO THE
PAYMENT OF ANY ASSESSMENT UNDER THE PROVISIONS OF SECTION FIVE HUNDRED
THIRTY-FOUR-W OF THIS ARTICLE SHALL FILE ON OR BEFORE THE FIFTEENTH DAY
OF THE FIRST MONTH OF EACH CALENDAR QUARTER-YEAR A SEPARATE RETURN,
TOGETHER WITH THE PAYMENT OF THE ASSESSMENT DUE, FOR THE PRECEDING
CALENDAR QUARTER-YEAR DURING WHICH ANY PAYROLL PAYMENTS WERE MADE TO
LONGSHOREMEN, PIER SUPERINTENDENTS, HIRING AGENTS OR PORT WATCHMEN FOR
WORK PERFORMED AS SUCH WITHIN THE PORT OF NEW YORK DISTRICT IN THIS
STATE. RETURNS COVERING THE AMOUNT OF ASSESSMENT PAYABLE SHALL BE FILED
WITH THE COMMISSION ON FORMS TO BE FURNISHED FOR SUCH PURPOSE AND SHALL
CONTAIN SUCH DATA, INFORMATION OR MATTER AS THE COMMISSION MAY REQUIRE
TO BE INCLUDED THEREIN. THE COMMISSION MAY GRANT A REASONABLE EXTENSION
S. 8308--A 59 A. 8808--A
OF TIME FOR FILING RETURNS, OR FOR THE PAYMENT OF ASSESSMENT, WHENEVER
GOOD CAUSE EXISTS. EVERY RETURN SHALL HAVE ANNEXED THERETO A CERTIF-
ICATION TO THE EFFECT THAT THE STATEMENTS CONTAINED THEREIN ARE TRUE.
2. EVERY PERSON SUBJECT TO THE PAYMENT OF ASSESSMENT HEREUNDER SHALL
KEEP AN ACCURATE RECORD OF THAT PERSON'S EMPLOYMENT OF LONGSHOREMEN,
PIER SUPERINTENDENTS, HIRING AGENTS OR PORT WATCHMEN, WHICH SHALL SHOW
THE AMOUNT OF COMPENSATION PAID AND SUCH OTHER INFORMATION AS THE
COMMISSION MAY REQUIRE. SUCH RECORDS SHALL BE PRESERVED FOR A PERIOD OF
THREE YEARS AND BE OPEN FOR INSPECTION AT REASONABLE TIMES. THE COMMIS-
SION MAY CONSENT TO THE DESTRUCTION OF ANY SUCH RECORDS AT ANY TIME
AFTER SAID PERIOD OR MAY REQUIRE THAT THEY BE KEPT LONGER, BUT NOT IN
EXCESS OF SIX YEARS.
3. (A) THE COMMISSION SHALL AUDIT AND DETERMINE THE AMOUNT OF ASSESS-
MENT DUE FROM THE RETURN FILED AND SUCH OTHER INFORMATION AS IS AVAIL-
ABLE TO IT. WHENEVER A DEFICIENCY IN PAYMENT OF THE ASSESSMENT IS
DETERMINED THE COMMISSION SHALL GIVE NOTICE OF ANY SUCH DETERMINATION TO
THE PERSON LIABLE THEREFOR. SUCH DETERMINATION SHALL FINALLY AND CONCLU-
SIVELY FIX THE AMOUNT DUE, UNLESS THE PERSON AGAINST WHOM IT IS ASSESSED
SHALL, WITHIN THIRTY DAYS AFTER THE GIVING OF NOTICE OF SUCH DETERMI-
NATION, APPLY IN WRITING TO THE COMMISSION FOR A HEARING, OR UNLESS THE
COMMISSION ON ITS OWN MOTION SHALL REDUCE THE SAME. AFTER SUCH HEARING,
THE COMMISSION SHALL GIVE NOTICE OF ITS DECISION TO THE PERSON LIABLE
THEREFOR. A DETERMINATION OF THE COMMISSION UNDER THIS SECTION SHALL BE
SUBJECT TO JUDICIAL REVIEW, IF APPLICATION FOR SUCH REVIEW IS MADE WITH-
IN THIRTY DAYS AFTER THE GIVING OF NOTICE OF SUCH DECISION. ANY DETER-
MINATION UNDER THIS SECTION SHALL BE MADE WITHIN FIVE YEARS FROM THE
TIME THE RETURN WAS FILED AND IF NO RETURN WAS FILED SUCH DETERMINATION
MAY BE MADE AT ANY TIME.
(B) ANY NOTICE AUTHORIZED OR REQUIRED UNDER THIS SECTION MAY BE GIVEN
BY MAILING THE SAME TO THE PERSON FOR WHOM IT IS INTENDED AT THE LAST
ADDRESS GIVEN BY THAT PERSON TO THE COMMISSION, OR IN THE LAST RETURN
FILED BY THAT PERSON WITH THE COMMISSION UNDER THIS SECTION, OR, IF NO
RETURN HAS BEEN FILED THEN TO SUCH ADDRESS AS MAY BE OBTAINABLE. THE
MAILING OF SUCH NOTICE SHALL BE PRESUMPTIVE EVIDENCE OF THE RECEIPT OF
SAME BY THE PERSON TO WHOM ADDRESSED. ANY PERIOD OF TIME, WHICH IS
DETERMINED ACCORDING TO THE PROVISIONS OF THIS SECTION, FOR THE GIVING
OF NOTICE SHALL COMMENCE TO RUN FROM THE DATE OF MAILING OF SUCH NOTICE.
4. WHENEVER ANY PERSON SHALL FAIL TO PAY, WITHIN THE TIME LIMITED
HEREIN, ANY ASSESSMENT WHICH THE PERSON IS REQUIRED TO PAY TO THE
COMMISSION UNDER THE PROVISIONS OF THIS SECTION THE COMMISSION MAY
ENFORCE PAYMENT OF SUCH FEE BY CIVIL ACTION FOR THE AMOUNT OF SUCH
ASSESSMENT WITH INTEREST AND PENALTIES.
5. THE EMPLOYMENT BY A NONRESIDENT OF A LONGSHOREMAN, OR A LICENSED
PIER SUPERINTENDENT, HIRING AGENT OR PORT WATCHMAN IN THIS STATE OR THE
DESIGNATION BY A NONRESIDENT OF A LONGSHOREMAN, PIER SUPERINTENDENT,
HIRING AGENT OR PORT WATCHMAN TO PERFORM WORK IN THIS STATE SHALL BE
DEEMED EQUIVALENT TO AN APPOINTMENT BY SUCH NONRESIDENT OF THE SECRETARY
OF STATE TO BE THE NONRESIDENT'S TRUE AND LAWFUL ATTORNEY UPON WHOM MAY
BE SERVED THE PROCESS IN ANY ACTION OR PROCEEDING AGAINST THE NONRESI-
DENT GROWING OUT OF ANY LIABILITY FOR ASSESSMENTS, PENALTIES OR INTER-
EST, AND A CONSENT THAT ANY SUCH PROCESS AGAINST THE NONRESIDENT WHICH
IS SO SERVED SHALL BE OF THE SAME LEGAL FORCE AND VALIDITY AS IF SERVED
PERSONALLY WITHIN THE STATE AND WITHIN THE TERRITORIAL JURISDICTION OF
THE COURT FROM WHICH THE PROCESS ISSUES. SERVICE OF PROCESS WITHIN THIS
STATE SHALL BE MADE BY EITHER:
S. 8308--A 60 A. 8808--A
(A) PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY OF STATE
DUPLICATE COPIES THEREOF AT THE OFFICE OF THE DEPARTMENT OF STATE, IN
WHICH EVENT THE SECRETARY OF STATE SHALL FORTHWITH SEND BY REGISTERED
MAIL ONE OF SUCH COPIES TO THE PERSON AT THE LAST ADDRESS DESIGNATED BY
THE PERSON TO THE COMMISSION FOR ANY PURPOSE UNDER THIS SECTION OR IN
THE LAST RETURN FILED BY THE PERSON UNDER THIS SECTION WITH THE COMMIS-
SION OR AS SHOWN ON THE RECORDS OF THE COMMISSION, OR IF NO RETURN HAS
BEEN FILED, AT THE PERSON'S LAST KNOWN OFFICE ADDRESS WITHIN OR OUTSIDE
OF THE STATE; OR
(B) PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY OF STATE A
COPY THEREOF AT THE OFFICE OF THE DEPARTMENT OF STATE AND BY DELIVERING
A COPY THEREOF TO THE PERSON, PERSONALLY OUTSIDE OF THE STATE. PROOF OF
SUCH PERSONAL SERVICE OUTSIDE OF THE STATE SHALL BE FILED WITH THE
CLERK OF THE COURT IN WHICH THE PROCESS IS PENDING WITHIN THIRTY DAYS
AFTER SUCH SERVICE AND SUCH SERVICE SHALL BE COMPLETE TEN DAYS AFTER
PROOF THEREOF IS FILED.
6. WHENEVER THE COMMISSION SHALL DETERMINE THAT ANY MONEYS RECEIVED AS
ASSESSMENTS WERE PAID IN ERROR, IT MAY CAUSE THE SAME TO BE REFUNDED,
PROVIDED AN APPLICATION THEREFOR IS FILED WITH THE COMMISSION WITHIN TWO
YEARS FROM THE TIME THE ERRONEOUS PAYMENT WAS MADE.
7. IN ADDITION TO ANY OTHER POWERS AUTHORIZED HEREUNDER, THE COMMIS-
SION SHALL HAVE POWER TO PROMULGATE REASONABLE RULES AND REGULATIONS TO
EFFECTUATE THE PURPOSES OF THIS SECTION.
8. ANY PERSON WHO SHALL WILLFULLY FAIL TO PAY ANY ASSESSMENT DUE HERE-
UNDER, SHALL BE ASSESSED INTEREST AT A RATE OF ONE PERCENT PER MONTH ON
THE AMOUNT DUE AND UNPAID AND PENALTIES OF FIVE PERCENT OF THE AMOUNT
DUE FOR EACH THIRTY DAYS OR PART THEREOF THAT THE ASSESSMENT REMAINS
UNPAID. THE COMMISSION, MAY, FOR GOOD CAUSE SHOWN, ABATE ALL OR PART OF
SUCH PENALTY.
9. ANY PERSON WHO SHALL WILLFULLY FURNISH FALSE OR FRAUDULENT INFORMA-
TION OR SHALL WILLFULLY FAIL TO FURNISH PERTINENT INFORMATION, AS
REQUIRED, WITH RESPECT TO THE AMOUNT OF ASSESSMENT DUE, SHALL BE GUILTY
OF A MISDEMEANOR, PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND
DOLLARS, OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
10. ALL FUNDS OF THE COMMISSION RECEIVED AS PAYMENT OF ANY ASSESSMENT
OR PENALTY UNDER THIS SECTION SHALL BE DEPOSITED WITH THE COMPTROLLER.
THE COMPTROLLER MAY REQUIRE THAT ALL SUCH DEPOSITS BE SECURED BY OBLI-
GATIONS OF THE UNITED STATES OR OF THE STATE OF NEW YORK OF A MARKET
VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF THE DEPOSITS, AND ALL BANKS
AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SUCH SECURITY FOR SUCH
DEPOSITS.
11. THE COMMISSION SHALL REIMBURSE THE STATE FOR ANY FUNDS ADVANCED TO
THE COMMISSION EXCLUSIVE OF SUMS APPROPRIATED PURSUANT TO SECTION FIVE
HUNDRED THIRTY-FOUR-W OF THIS ARTICLE.
§ 534-Y. TRANSFER OF OFFICERS, EMPLOYEES. 1. ANY OFFICER OR EMPLOYEE
IN THE STATE, COUNTY OR MUNICIPAL CIVIL SERVICE IN EITHER STATE WHO
SHALL TRANSFER TO SERVICE WITH THE COMMISSION MAY BE GIVEN ONE OR MORE
LEAVES OF ABSENCE WITHOUT PAY AND MAY, BEFORE THE EXPIRATION OF
SUCH LEAVE OR LEAVES OF ABSENCE, AND WITHOUT FURTHER EXAMINATION OR
QUALIFICATION, RETURN TO THE PERSON'S FORMER POSITION OR BE CERTIFIED
BY THE APPROPRIATE CIVIL SERVICE AGENCY FOR RETRANSFER TO A COMPA-
RABLE POSITION IN SUCH STATE, COUNTY, OR MUNICIPAL CIVIL SERVICE IF
SUCH A POSITION IS THEN AVAILABLE.
2. THE COMMISSION MAY, BY AGREEMENT WITH ANY FEDERAL AGENCY FROM WHICH
ANY OFFICER OR EMPLOYEE MAY TRANSFER TO SERVICE WITH THE COMMISSION,
S. 8308--A 61 A. 8808--A
MAKE SIMILAR PROVISION FOR THE RETRANSFER OF SUCH OFFICER OR EMPLOYEE TO
SUCH FEDERAL AGENCY.
3. ANY OFFICER OR EMPLOYEE IN THE STATE, COUNTY OR MUNICIPAL SERVICE
IN NEW YORK STATE WHO SHALL TRANSFER TO SERVICE WITH THE COMMISSION AND
WHO IS A MEMBER OF THE NEW YORK STATE AND LOCAL RETIREMENT SYSTEM,
SHALL CONTINUE TO HAVE ALL RIGHTS, PRIVILEGES, OBLIGATIONS AND STATUS
WITH RESPECT TO SUCH SYSTEM AS PROVIDED UNDER THE NEW YORK RETIREMENT
AND SOCIAL SECURITY LAW.
§ 3. Paragraphs (h) and (k) of subdivision 34 of section 1.20 of the
criminal procedure law, as amended by chapter 187 of the laws of 2023,
are amended to read as follows:
(h) An investigator employed by THE NEW YORK WATERFRONT COMMISSION OR
a commission created by an interstate compact[, or by section six of
chapter eight hundred eighty-two of the laws of nineteen hundred fifty-
three, constituting the waterfront commission act, as amended,] who is,
to a substantial extent, engaged in the enforcement of the criminal laws
of this state;
(k) A sworn officer of THE NEW YORK WATERFRONT COMMISSION OR a police
force of a public authority created by an interstate compact[, or by
section six of chapter eight hundred eighty-two of the laws of nineteen
hundred fifty-three, constituting the waterfront commission act, as
amended,] where such force is certified in accordance with paragraph (d)
of subdivision one of section eight hundred forty-six-h of the executive
law;
§ 4. Subdivision 34 of section 2.10 of the criminal procedure law, as
added by chapter 843 of the laws of 1980, is amended to read as follows:
34. NEW YORK Waterfront [and airport] investigators, pursuant to
[subdivision four of section ninety-nine hundred six of the unconsol-
idated laws] ARTICLE NINETEEN-I OF THE EXECUTIVE LAW; provided, however,
that nothing in this subdivision shall be deemed to authorize such offi-
cer to carry, possess, repair or dispose of a firearm unless the appro-
priate license therefor has been issued pursuant to section 400.00 of
the penal law.
§ 5. Paragraph k of subdivision 11 of section 302 of the retirement
and social security law, as added by chapter 187 of the laws of 2023, is
amended to read as follows:
k. Service as an investigator or sworn officer of the NEW YORK WATER-
FRONT COMMISSION OR THE waterfront commission of New York harbor [or the
commission created by section six of chapter eight hundred eighty-two of
the laws of nineteen hundred fifty-three, constituting the waterfront
commission act, as amended].
§ 6. Subdivision a and subparagraph (ii) of paragraph 1 of subdivision
c section 381-b of the retirement and social security law, as amended by
chapter 187 of the laws of 2023, are amended to read as follows:
a. Membership. Every member or officer of the division of state police
in the executive department who enters or re-enters service in the divi-
sion on or after April first, nineteen hundred sixty-nine, and every
investigator or sworn officer employed by the commission created by
section six of chapter eight hundred eighty-two of the laws of nineteen
hundred fifty-three, constituting the waterfront commission act, as
amended, on or after July first, two thousand twenty-three, AND EVERY
INVESTIGATOR OR SWORN OFFICER EMPLOYED BY THE NEW YORK WATERFRONT
COMMISSION IN THE EXECUTIVE DEPARTMENT shall be covered by the
provisions of this section, and every member or officer of the division
of state police in the executive department in such service on such date
may elect to be covered by the provisions of this section by filing an
S. 8308--A 62 A. 8808--A
election therefor with the comptroller on or before March thirty-first,
nineteen hundred seventy-two. To be effective, such election must be
duly executed and acknowledged on a form prepared by the comptroller for
that purpose.
(ii) for service rendered as an investigator or sworn officer of the
waterfront commission of New York harbor, FOR SERVICE RENDERED AS AN
INVESTIGATOR OR SWORN OFFICER OF THE NEW YORK WATERFRONT COMMISSION,
[and] for service rendered as an investigator-trainee of the waterfront
commission of New York harbor, AND FOR SERVICE RENDERED AS AN INVESTIGA-
TOR-TRAINEE OF THE NEW YORK WATERFRONT COMMISSION, that was creditable
under subdivision w of section three hundred eighty-four-d of this arti-
cle; and
§ 7. Subdivision w of section 384-d of the retirement and social secu-
rity law, as added by chapter 407 of the laws of 2000, is amended to
read as follows:
w. Notwithstanding any other provision of law to the contrary, any
member of the New York state and local police and fire retirement system
who was a member of the New York state and local employees' retirement
system while employed as an investigator-trainee, Waterfront Commission
of New York Harbor OR THE NEW YORK WATERFRONT COMMISSION, which [is] ARE
not deemed to be police service, who [is] ARE employed by the NEW YORK
Waterfront Commission [of New York Harbor], which is an employer elect-
ing to participate in the optional twenty year retirement plan pursuant
to this section shall be deemed to have provided police service while so
employed by the Waterfront Commission of New York Harbor OR THE NEW YORK
WATERFRONT COMMISSION and shall receive creditable service in the New
York state and local police and fire retirement system for prior credit-
able service in the New York state and local employees' retirement
system earned while employed as an investigator-trainee and shall have
the period of such prior service credit counted as police service for
the purpose of determining the amount of their pension and retirement
allowance and period of service needed for retirement.
§ 8. Paragraph (c) of subdivision 1 of section 5 of the tax law, as
amended by chapter 170 of the laws of 1994, is amended to read as
follows:
(c) "Covered agency" shall mean the state of New York, any county of
the state of New York, any department, board, bureau, commission, divi-
sion, office, council or agency of the state or any such county, a
public authority, a public benefit corporation, the port authority of
New York and New Jersey or the waterfront commission of New York harbor.
When a county is wholly included within a city, then the term "county"
shall be read to include the city. "COVERED AGENCY" SHALL ALSO INCLUDE
THE NEW YORK WATERFRONT COMMISSION.
§ 9. Paragraph 8 of subdivision c of section 1105 of the tax law, as
added by chapter 190 of the laws of 1990, is amended to read as follows:
(8) Protective and detective services, including, but not limited to,
all services provided by or through alarm or protective systems of every
nature, including, but not limited to, protection against burglary,
theft, fire, water damage or any malfunction of industrial processes or
any other malfunction of or damage to property or injury to persons,
detective agencies, armored car services and guard, patrol and watchman
services of every nature other than the performance of such services by
a port watchman licensed by the NEW YORK WATERFRONT COMMISSION OR THE
waterfront commission of New York harbor, whether or not tangible
personal property is transferred in conjunction therewith.
§ 10. This act shall take effect June 30, 2024.
S. 8308--A 63 A. 8808--A
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would create the New York Waterfront Commission and revise
the Retirement and Social Security Law to make permanent the changes of
Chapter 187 Laws of 2023, which added the titles of investigator and
sworn officer employed by the Waterfront Commission Act, to the defi-
nition of membership in Section 381-b including making such service
creditable under RSSL §381-b, and further expand creditable service to
include service as an investigator-trainee.
If this bill is enacted during the 2024 Legislative Session, we do not
anticipate any additional cost to the State of New York or the partic-
ipating employers in the New York State and Local Police and Fire
Retirement System.
To the extent that new members gain coverage under Section 381-b of
the RSSL, we anticipate a contribution of 26.4% of salary paid to newly
eligible members for the fiscal year ending March 31, 2025. In future
years, this cost will vary but is expected to average 20.6% of salary
annually.
The exact number of current members as well as future members who
could be affected by this legislation cannot be readily determined.
Summary of relevant resources:
Membership data as of March 31, 2023 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2023 actuari-
al valuation. Distributions and other statistics can be found in the
2023 Report of the Actuary and the 2023 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2023
Annual Report to the Comptroller on Actuarial Assumptions, and the
Codes, Rules and Regulations of the State of New York: Audit and
Control.
The Market Assets and GASB Disclosures are found in the March 31, 2023
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated January 13, 2024, and intended for use only
during the 2024 Legislative Session, is Fiscal Note No. 2024-082,
prepared by the Actuary for the New York State and Local Retirement
System.
PART M
Section 1. Section 2 of part DDD of chapter 55 of the laws of 2021
amending the public authorities law relating to the clean energy
resources development and incentives program, is amended to read as
follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed [three years after such date] APRIL 19, 2030; provided
however, that the amendments to section 1902 of the public authorities
law made by section one of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.
§ 2. This act shall take effect immediately.
PART N
S. 8308--A 64 A. 8808--A
Section 1. Expenditures of moneys by the New York state energy
research and development authority for services and expenses of the
energy research, development and demonstration program, including
grants, the energy policy and planning program, and the Fuel NY program
shall be subject to the provisions of this section. Notwithstanding the
provisions of subdivision 4-a of section 18-a of the public service law,
all moneys committed or expended in an amount not to exceed $28,725,000
shall be reimbursed by assessment against gas corporations, as defined
in subdivision 11 of section 2 of the public service law and electric
corporations as defined in subdivision 13 of section 2 of the public
service law, where such gas corporations and electric corporations have
gross revenues from intrastate utility operations in excess of $500,000
in the preceding calendar year, and the total amount assessed shall be
allocated to each electric corporation and gas corporation in proportion
to its intrastate electricity and gas revenues in the calendar year
2022. Such amounts shall be excluded from the general assessment
provisions of subdivision 2 of section 18-a of the public service law.
The chair of the public service commission shall bill such gas and/or
electric corporations for such amounts on or before August 10, 2024 and
such amounts shall be paid to the New York state energy research and
development authority on or before September 10, 2024. Upon receipt,
the New York state energy research and development authority shall
deposit such funds in the energy research and development operating fund
established pursuant to section 1859 of the public authorities law. The
New York state energy research and development authority is authorized
and directed to: (1) transfer up to $4 million to the state general fund
for climate change related services and expenses of the department of
environmental conservation from the funds received; and (2) commencing
in 2016, provide to the chair of the public service commission and the
director of the budget and the chairs and secretaries of the legislative
fiscal committees, on or before August first of each year, an itemized
record, certified by the president and chief executive officer of the
authority, or his or her designee, detailing any and all expenditures
and commitments ascribable to moneys received as a result of this
assessment by the chair of the department of public service pursuant to
section 18-a of the public service law. This itemized record shall
include an itemized breakdown of the programs being funded by this
section and the amount committed to each program. The authority shall
not commit for any expenditure, any moneys derived from the assessment
provided for in this section, until the chair of such authority shall
have submitted, and the director of the budget shall have approved, a
comprehensive financial plan encompassing all moneys available to and
all anticipated commitments and expenditures by such authority from any
source for the operations of such authority. Copies of the approved
comprehensive financial plan shall be immediately submitted by the chair
to the chairs and secretaries of the legislative fiscal committees. Any
such amount not committed by such authority to contracts or contracts to
be awarded or otherwise expended by the authority during the fiscal year
shall be refunded by such authority on a pro-rata basis to such gas
and/or electric corporations, in a manner to be determined by the
department of public service, and any refund amounts must be explicitly
lined out in the itemized record described above.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024.
PART O
S. 8308--A 65 A. 8808--A
Section 1. Short title, legislative findings and declaration. This act
shall be known and may be cited as the "renewable action through project
interconnection and deployment (RAPID) act." The legislature hereby
finds and declares that:
1. To timely achieve the renewable energy and greenhouse gas reduction
targets established pursuant to the climate leadership and community
protection act ("CLCPA"), while contemporaneously maintaining the reli-
ability of the state's electric transmission system, action is needed to
consolidate and expedite the environmental review and permitting of
major renewable energy facilities and major electric utility trans-
mission facilities.
2. Since enactment of the CLCPA, it has become apparent that the
State's bulk and local transmission facilities need to be significantly
upgraded to deliver renewable energy to load. These significant
upgrades in the bulk and local transmission system must be undertaken in
an expedited timeframe consistent with the timeframe to achieve the
CLCPA targets.
3. In the context of achieving the CLCPA targets, a public policy
purpose would be served and the interests of the people of the state of
New York would be advanced by transferring the Office of Renewable Ener-
gy Siting ("ORES"), currently under the auspices of the Department of
State, to the Department of Public Service ("DPS") and providing such
office with additional responsibilities for the review and permitting of
major electric transmission facilities as set forth in this act.
4. The legislature finds that such a transfer would combine the long-
standing expertise of DPS related to transmission siting, planning and
compliance with environmental and reliability standards with ORES's
expertise related to the siting of renewable energy resources and, in so
doing, create synergies, and otherwise provide for more efficient siting
of major renewable energy and transmission facilities.
§ 2. Section 94-c of the executive law is REPEALED.
§ 3. Transfer of Office of Renewable Energy Siting. ORES, an office
established in the Department of State by the Accelerated Renewable
Energy Growth and Community Benefit Act, enacted under part JJJ of chap-
ter 58 of the laws of 2020, is hereby transferred to and established
within the DPS, and shall continue to have all existing functions,
powers, duties and obligations of ORES together with the new additional
functions, powers, duties and obligations set forth in this act.
§ 4. Continuity of existing functions, powers, duties and obli-
gations. All of the existing functions, powers, obligations, and duties
granted to ORES by section 94-c of the executive law now repealed, are
hereby transferred, and shall be deemed to and held to constitute the
continuation of such functions, powers, duties and obligations of ORES,
and not a different agency, authority, department or office. All appli-
cations pending before ORES on the effective date of this act shall be
considered and treated as applications filed pursuant to this act as of
the date of filing of such applications.
§ 5. Transfer of employees. 1. Upon the transfer of such functions,
powers, duties and obligations pursuant to this act, provision shall be
made for the transfer of all employees of ORES situated within the
department of state into DPS pursuant to subdivision 2 of section 70 of
the civil service law. Employees so transferred shall be transferred
without further examination or qualification to the same or similar
titles, shall remain in the same collective bargaining units and shall
retain their respective civil service classifications, status and rights
S. 8308--A 66 A. 8808--A
pursuant to their collective bargaining units and collective bargaining
agreements.
2. All employees hired after the effective date of this section
shall, consistent with the provisions of article 14 of the civil service
law, be classified in the same bargaining units. Employees other than
management or confidential persons as defined in article 14 of the civil
service law serving positions in newly created titles shall be assigned
to the appropriate bargaining unit. Nothing contained herein shall be
construed to affect:
(a) the rights of employees pursuant to a collective bargaining agree-
ment; or
(b) the representational relationships among employee organizations or
the bargaining relationships between the state and an employee organiza-
tion.
§ 6. Transfer of records. All records, including but not limited to,
books, papers, and property of ORES shall be transferred and delivered
to DPS.
§ 7. Transfer and continuation of regulations; conforming changes.
Notwithstanding any inconsistent provision of the state administrative
procedure act: all rules and regulations of ORES adopted at 19 NYCRR
part 900 in force at the time of the transfer of ORES to DPS shall
continue in full force and effect as rules and regulations of the
department until duly modified or abrogated by such department; 19 NYCRR
part 900 shall be and hereby is transferred to 16 NYCRR part XXX, with
such conforming changes as shall be required to reflect the transfer and
relocation of ORES to DPS as provided in this act, without the need for
additional proceedings under the state administrative procedure act, and
shall continue in full force and effect; and notwithstanding article 8
of the environmental conservation law and its implementing regulations,
the transfer of 19 NYCRR part 900 to 16 NYCRR part XXX as provided in
this section shall be excluded from review for all purposes under the
state environmental quality review act, and shall not be subject to
review or otherwise actionable under article 78 of the civil practice
law and rules.
§ 8. Promulgation of rules and regulations. Notwithstanding any incon-
sistent provision of the state administrative procedure act, the ORES in
consultation with DPS shall be authorized to promulgate regulations on
an emergency basis to ensure the implementation of this act absent any
finding of an emergency.
§ 9. Subdivisions 3, 4 and 13 of section 2 of the public service law,
subdivisions 3 and 4 as amended by chapter 843 of the laws of 1981 and
subdivision 13 as amended by chapter 375 of the laws of 2022, are
amended and a new subdivision 2-e is added to read as follows:
2-E. THE TERM "MAJOR RENEWABLE ENERGY FACILITY," WHEN USED IN THIS
CHAPTER, MEANS ANY RENEWABLE ENERGY SYSTEM, AS SUCH TERM IS DEFINED IN
SECTION SIXTY-SIX-P OF THIS CHAPTER, WITH A NAMEPLATE GENERATING CAPACI-
TY OF TWENTY-FIVE THOUSAND KILOWATTS OR MORE, AND ANY CO-LOCATED SYSTEM
STORING ENERGY GENERATED FROM SUCH A RENEWABLE ENERGY SYSTEM PRIOR TO
DELIVERING IT TO THE BULK TRANSMISSION SYSTEM, INCLUDING ALL ASSOCIATED
APPURTENANCES TO ELECTRIC PLANTS, INCLUDING ELECTRIC TRANSMISSION FACIL-
ITIES LESS THAN TEN MILES IN LENGTH IN ORDER TO PROVIDE ACCESS TO LOAD
AND TO INTEGRATE SUCH FACILITIES INTO THE STATE'S BULK ELECTRIC TRANS-
MISSION SYSTEM.
3. The term "corporation," when used in this chapter, includes a
corporation, company, association and joint-stock association other than
a corporation, company, association or joint stock association generat-
S. 8308--A 67 A. 8808--A
ing electricity, shaft horsepower, useful thermal energy or gas solely
from one or more co-generation, small hydro or alternate energy
production facilities or distributing electricity, shaft horsepower,
useful thermal energy or gas solely from one or more of such facilities
to users located at or near a project site; PROVIDED, HOWEVER, THAT
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE TERM
"CORPORATION" INCLUDES THE HOLDER OF A CERTIFICATE OR PERMIT ISSUED
UNDER ARTICLE EIGHT OF THIS CHAPTER, OR A PREDECESSOR STATUTE THERETO,
FOR A MAJOR RENEWABLE ENERGY FACILITY WITH AN ELECTRIC GENERATING CAPAC-
ITY BETWEEN TWENTY-FIVE AND EIGHTY MEGAWATTS OR THAT OTHERWISE OPTS INTO
ARTICLE EIGHT OF THIS CHAPTER FOR PURPOSES OF ENFORCEMENT UNDER SECTIONS
TWENTY-FIVE AND TWENTY-SIX OF THIS ARTICLE.
4. The word "person," when used in this chapter, includes an individ-
ual, firm or co-partnership other than an individual, firm or co-part-
nership generating electricity, shaft horsepower, useful thermal energy
or gas solely from one or more co-generation, small hydro or alternate
energy production facilities or distributing electricity, shaft horse-
power, useful thermal energy or gas solely from one or more of such
facilities to users located at or near a project site; provided, howev-
er, that an individual, firm or co-partnership generating or distribut-
ing electricity or gas solely from one or more co-generation, small
hydro or alternate energy production facilities shall nevertheless be
considered a person for purposes of commission jurisdiction under arti-
cle seven of this chapter; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, THE TERM "PERSON" INCLUDES THE
HOLDER OF A CERTIFICATE OR PERMIT ISSUED UNDER ARTICLE EIGHT OF THIS
CHAPTER, OR A PREDECESSOR STATUTE THERETO, FOR A MAJOR RENEWABLE ENERGY
FACILITY WITH AN ELECTRIC GENERATING CAPACITY BETWEEN TWENTY-FIVE AND
EIGHTY MEGAWATTS OR THAT OTHERWISE OPTS INTO ARTICLE EIGHT OF THIS CHAP-
TER FOR PURPOSES OF ENFORCEMENT UNDER SECTIONS TWENTY-FIVE AND TWENTY-
SIX OF THIS ARTICLE.
13. The term "electric corporation," when used in this chapter,
includes every corporation, company, association, joint-stock associ-
ation, partnership and person, their lessees, trustees or receivers
appointed by any court whatsoever (other than a railroad or street rail-
road corporation generating electricity solely for railroad or street
railroad purposes or for the use of its tenants and not for sale to
others) owning, operating or managing any electric plant or thermal
energy network except where electricity or thermal energy is generated
or distributed by the producer solely on or through private property for
railroad or street railroad purposes or for its own use or the use of
its tenants and not for sale to others; or except where electricity is
generated by the producer solely from one or more co-generation, small
hydro or alternate energy production facilities or distributed solely
from one or more of such facilities to users located at or near a
project site; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, THE TERM "ELECTRIC CORPORATION"
INCLUDES THE HOLDER OF A CERTIFICATE OR PERMIT ISSUED UNDER ARTICLE
EIGHT OF THIS CHAPTER, OR A PREDECESSOR STATUTE THERETO, FOR A MAJOR
RENEWABLE ENERGY FACILITY WITH AN ELECTRIC GENERATING CAPACITY BETWEEN
TWENTY-FIVE AND EIGHTY MEGAWATTS OR THAT OTHERWISE OPTS INTO ARTICLE
EIGHT OF THIS CHAPTER FOR PURPOSES OF ENFORCEMENT UNDER SECTIONS TWEN-
TY-FIVE AND TWENTY-SIX OF THIS ARTICLE.
§ 10. The public service law is amended by adding a new section 3-c to
read as follows:
S. 8308--A 68 A. 8808--A
§ 3-C. OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION.
1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "EXECUTIVE DIRECTOR" OR "DIRECTOR" SHALL MEAN THE EXECUTIVE DIREC-
TOR OF THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION.
(B) "ORES" AND "OFFICE" SHALL MEAN THE OFFICE OF RENEWABLE ENERGY
SITING AND ELECTRIC TRANSMISSION ESTABLISHED PURSUANT TO THIS SECTION.
(C) "SITING PERMIT" SHALL MEAN THE MAJOR RENEWABLE ENERGY FACILITY
SITING PERMIT OR MAJOR ELECTRIC TRANSMISSION FACILITY PERMIT ISSUED BY
THE EXECUTIVE DIRECTOR PURSUANT TO ARTICLE EIGHT OF THIS CHAPTER, AND
THE RULES AND REGULATIONS PROMULGATED BY ORES.
2. GENERAL POWERS AND RESPONSIBILITIES. (A) THERE IS HEREBY ESTAB-
LISHED IN THE DEPARTMENT AN OFFICE OF RENEWABLE ENERGY SITING AND ELEC-
TRIC TRANSMISSION.
(B) ORES SHALL ACCEPT APPLICATIONS AND EVALUATE, ISSUE, AMEND, AND
APPROVE THE ASSIGNMENT AND/OR TRANSFER OF SITING PERMITS PURSUANT TO
ARTICLE EIGHT OF THIS CHAPTER. ORES SHALL EXERCISE ITS AUTHORITY BY AND
THROUGH THE EXECUTIVE DIRECTOR.
(C) ORES, BY AND THROUGH THE EXECUTIVE DIRECTOR, SHALL BE AUTHORIZED
TO CONDUCT HEARINGS AND DISPUTE RESOLUTION PROCEEDINGS, ISSUE PERMITS,
AND ADOPT SUCH RULES, REGULATIONS AND PROCEDURES AS MAY BE NECESSARY,
CONVENIENT, OR DESIRABLE TO EFFECTUATE THE PURPOSES OF THIS SECTION AND
ARTICLE EIGHT OF THIS CHAPTER.
(D) ORES SHALL, AMONG OTHER THINGS, CONTINUE UNIMPEDED THE WORK OF THE
OFFICE OF RENEWABLE ENERGY SITING ESTABLISHED UNDER THE FORMER SECTION
NINETY-FOUR-C OF THE EXECUTIVE LAW. ALL PERMITS ISSUED BY THE FORMER
OFFICE OF RENEWABLE ENERGY SITING, ESTABLISHED PURSUANT TO FORMER
SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW, AND ALL CERTIFICATES OF
ENVIRONMENTAL COMPATIBILITY AND PUBLIC NEED ISSUED BY THE COMMISSION
PURSUANT TO ARTICLE SEVEN OF THIS CHAPTER SHALL BE CONSIDERED FOR ALL
LEGAL PURPOSES TO BE PERMITS ISSUED BY ORES.
(E) ALL FINAL SITING PERMITS ISSUED BY ORES OR HERETOFORE ISSUED BY
THE OFFICE OF RENEWABLE ENERGY SITING ESTABLISHED PURSUANT TO THE FORMER
SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW ARE HEREBY ENFORCEABLE BY
ORES AND THE DEPARTMENT PURSUANT TO SECTION TWENTY-FIVE AND SECTION
TWENTY-SIX OF THIS ARTICLE AS IF ISSUED BY THE COMMISSION, EXCEPT THAT
SUCH PERMITS ISSUED TO COMBINATION GAS AND ELECTRIC CORPORATIONS ARE
ALSO ENFORCEABLE BY ORES AND THE DEPARTMENT PURSUANT TO SECTION TWENTY-
FIVE-A OF THIS ARTICLE.
(F) AT THE REQUEST OF ORES, ALL OTHER STATE AGENCIES AND AUTHORITIES
ARE HEREBY AUTHORIZED TO PROVIDE SUPPORT AND RENDER SERVICES TO THE
OFFICE WITHIN THEIR RESPECTIVE FUNCTIONS.
§ 11. Articles 8 of the public service law, as added by chapter 708 of
the laws of 1978 and as added by chapter 385 of the laws of 1972, are
REPEALED and a new article 8 is added to read as follows:
ARTICLE VIII
SITING OF RENEWABLE ENERGY AND ELECTRIC TRANSMISSION SITING
SECTION 136. PURPOSE.
137. DEFINITIONS.
138. GENERAL PROVISIONS RELATED TO ESTABLISHING STANDARDS
RELATED TO SITING.
139. APPLICABILITY.
140. APPLICATION AND NOTICE.
S. 8308--A 69 A. 8808--A
141. POWERS OF MUNICIPALITIES AND STATE AGENCIES AND AUTHORI-
TIES; SCOPE.
142. FEES; LOCAL AGENCY ACCOUNT.
143. JUDICIAL REVIEW.
144. FARMLAND PROTECTION WORKING GROUP.
§ 136. PURPOSE. IT IS THE PURPOSE OF THIS ARTICLE TO CONSOLIDATE THE
ENVIRONMENTAL REVIEW, PERMITTING, AND SITING IN THIS STATE OF MAJOR
RENEWABLE ENERGY FACILITIES AND MAJOR ELECTRIC TRANSMISSION FACILITIES
SUBJECT TO THIS ARTICLE, AND TO PROVIDE ORES AS A SINGLE FORUM FOR THE
COORDINATED AND TIMELY REVIEW OF SUCH PROJECTS TO MEET THE STATE'S
RENEWABLE ENERGY GOALS AND ENSURE THE RELIABILITY OF THE ELECTRIC TRANS-
MISSION SYSTEM, WHILE ALSO ENSURING THE PROTECTION OF THE ENVIRONMENT
AND CONSIDERATION OF ALL PERTINENT SOCIAL, ECONOMIC AND ENVIRONMENTAL
FACTORS IN THE DECISION TO PERMIT SUCH PROJECTS AS MORE SPECIFICALLY
PROVIDED IN THIS ARTICLE.
§ 137. DEFINITIONS. WHERE USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "CLCPA TARGETS" SHALL MEAN THE PUBLIC POLICIES ESTABLISHED IN THE
CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT ENACTED IN CHAPTER ONE
HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, INCLUDING BUT NOT
LIMITED TO THE REQUIREMENT THAT A MINIMUM OF SEVENTY PERCENT OF THE
STATEWIDE ELECTRIC GENERATION BE PRODUCED BY RENEWABLE ENERGY SYSTEMS BY
TWO THOUSAND THIRTY, THAT BY THE YEAR TWO THOUSAND FORTY THE STATEWIDE
ELECTRICAL DEMAND SYSTEM WILL GENERATE ZERO EMISSIONS, AND THE PROCURE-
MENT OF AT LEAST NINE GIGAWATTS OF OFFSHORE WIND ELECTRICITY GENERATION
BY TWO THOUSAND THIRTY-FIVE, SIX GIGAWATTS OF PHOTOVOLTAIC SOLAR GENER-
ATION BY TWO THOUSAND TWENTY-FIVE AND TO SUPPORT THREE GIGAWATTS OF
STATEWIDE ENERGY STORAGE CAPACITY BY TWO THOUSAND THIRTY.
2. "DORMANT ELECTRIC GENERATING SITE" SHALL MEAN A SITE AT WHICH ONE
OR MORE ELECTRIC GENERATING FACILITIES PRODUCED ELECTRICITY BUT HAS
PERMANENTLY CEASED OPERATING.
3. "MAJOR ELECTRIC TRANSMISSION FACILITY" MEANS AN ELECTRIC TRANS-
MISSION LINE OF A DESIGN CAPACITY OF ONE HUNDRED TWENTY-FIVE KILOVOLTS
OR MORE EXTENDING A DISTANCE OF ONE MILE OR MORE, OR OF ONE HUNDRED
KILOVOLTS OR MORE AND LESS THAN ONE HUNDRED TWENTY-FIVE KILOVOLTS,
EXTENDING A DISTANCE OF TEN MILES OR MORE, INCLUDING ASSOCIATED EQUIP-
MENT, BUT SHALL NOT INCLUDE ANY SUCH TRANSMISSION LINE LOCATED WHOLLY
UNDERGROUND IN A CITY WITH A POPULATION IN EXCESS OF ONE HUNDRED TWEN-
TY-FIVE THOUSAND OR A PRIMARY TRANSMISSION LINE APPROVED BY THE FEDERAL
ENERGY REGULATORY COMMISSION IN CONNECTION WITH A HYDRO-ELECTRIC FACILI-
TY.
4. "MAJOR RENEWABLE ENERGY FACILITY" MEANS ANY RENEWABLE ENERGY
SYSTEM, AS SUCH TERM IS DEFINED IN SECTION SIXTY-SIX-P OF THIS CHAP-
TER, WITH A NAMEPLATE GENERATING CAPACITY OF TWENTY-FIVE THOUSAND KILO-
WATTS OR MORE, AND ANY CO-LOCATED SYSTEM STORING ENERGY GENERATED FROM
SUCH A RENEWABLE ENERGY SYSTEM PRIOR TO DELIVERING IT TO THE BULK
TRANSMISSION SYSTEM, INCLUDING ALL ASSOCIATED APPURTENANCES TO ELECTRIC
PLANTS, INCLUDING ELECTRIC TRANSMISSION FACILITIES LESS THAN TEN MILES
IN LENGTH IN ORDER TO PROVIDE ACCESS TO LOAD AND TO INTEGRATE SUCH
FACILITIES INTO THE STATE'S BULK ELECTRIC TRANSMISSION SYSTEM.
5. "LANDOWNER" MEANS THE HOLDER OF ANY RIGHT, TITLE, OR INTEREST IN
REAL PROPERTY SUBJECT TO A PROPOSED SITE OR RIGHT OF WAY AS IDENTIFIED
FROM THE MOST RECENT TAX ROLL OF THE APPROPRIATE MUNICIPALITY.
6. "LOCAL AGENCY" MEANS ANY LOCAL AGENCY, BOARD, DISTRICT, COMMISSION
OR GOVERNING BODY, INCLUDING ANY CITY, COUNTY, AND OTHER POLITICAL
SUBDIVISION OF THE STATE.
S. 8308--A 70 A. 8808--A
7. "LOCAL AGENCY ACCOUNT" OR "ACCOUNT" SHALL MEAN THE ACCOUNT ESTAB-
LISHED PURSUANT TO SECTION ONE HUNDRED FORTY-TWO OF THIS SECTION.
8. "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN, OR VILLAGE.
9. "RIGHT-OF-WAY" SHALL MEAN:
(A) REAL PROPERTY THAT IS USED OR AUTHORIZED TO BE USED FOR ELECTRIC
UTILITY PURPOSES; OR
(B) REAL PROPERTY OWNED OR CONTROLLED BY OR UNDER THE JURISDICTION OF
THE STATE, A DISTRIBUTION UTILITY, OR A STATE PUBLIC AUTHORITY INCLUDING
BY MEANS OF OWNERSHIP, LEASE OR EASEMENT, THAT IS USED OR AUTHORIZED TO
BE USED FOR TRANSPORTATION OR CANAL PURPOSES.
10. "ORES" SHALL MEAN THE OFFICE OF RENEWABLE ENERGY SITING AND ELEC-
TRIC TRANSMISSION ESTABLISHED PURSUANT TO SECTION THREE-C OF THIS CHAP-
TER.
11. "EXECUTIVE DIRECTOR" OR "DIRECTOR" SHALL MEAN THE EXECUTIVE DIREC-
TOR OF THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION.
12. "SITING PERMIT" SHALL MEAN THE MAJOR RENEWABLE ENERGY FACILITY
SITING PERMIT OR MAJOR ELECTRIC TRANSMISSION FACILITY PERMIT ISSUED BY
THE EXECUTIVE DIRECTOR PURSUANT TO THIS ARTICLE, AND THE RULES AND REGU-
LATIONS PROMULGATED BY ORES.
§ 138. GENERAL PROVISIONS RELATED TO ESTABLISHING STANDARDS RELATED TO
SITING. 1. (A) ORES SHALL BE AUTHORIZED TO ESTABLISH AND AMEND A SET OF
UNIFORM STANDARDS AND CONDITIONS FOR THE SITING, DESIGN, CONSTRUCTION
AND OPERATION OF EACH TYPE OF MAJOR RENEWABLE ENERGY FACILITY SUBJECT TO
THIS ARTICLE RELEVANT TO ISSUES THAT ARE COMMON FOR PARTICULAR CLASSES
AND CATEGORIES OF MAJOR RENEWABLE ENERGY FACILITIES, IN CONSULTATION
WITH OTHER OFFICES WITHIN THE DEPARTMENT, THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY, THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, THE DEPARTMENT OF AGRICULTURE AND MARKETS, AND OTHER RELE-
VANT STATE AGENCIES AND AUTHORITIES WITH SUBJECT MATTER EXPERTISE.
(B) THE UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT TO THIS
SUBDIVISION SHALL BE DESIGNED TO AVOID OR MINIMIZE, TO THE MAXIMUM
EXTENT PRACTICABLE, ANY POTENTIAL SIGNIFICANT ADVERSE ENVIRONMENTAL
IMPACTS RELATED TO THE SITING, DESIGN, CONSTRUCTION AND OPERATION OF A
MAJOR RENEWABLE ENERGY FACILITY. SUCH UNIFORM STANDARDS AND CONDITIONS
SHALL APPLY TO THOSE ENVIRONMENTAL IMPACTS ORES DETERMINES ARE COMMON TO
EACH TYPE OF MAJOR RENEWABLE ENERGY FACILITY.
(C) IN ITS REVIEW OF AN APPLICATION FOR A PERMIT TO DEVELOP A MAJOR-
RENEWABLE ENERGY FACILITY, ORES, IN CONSULTATION WITH THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, SHALL IDENTIFY THOSE SITE-SPECIFIC ADVERSE
ENVIRONMENTAL IMPACTS, IF ANY, THAT MAY BE CAUSED OR CONTRIBUTED TO BY A
SPECIFIC PROPOSED MAJOR RENEWABLE ENERGY FACILITY AND ARE UNABLE TO BE
ADDRESSED BY THE UNIFORM STANDARDS AND CONDITIONS. ORES SHALL DRAFT IN
CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SITE-SPE-
CIFIC PERMIT TERMS AND CONDITIONS FOR SUCH IMPACTS, INCLUDING PROVISIONS
FOR THE AVOIDANCE OR MITIGATION THEREOF, TAKING INTO ACCOUNT THE CLCPA
TARGETS AND THE ENVIRONMENTAL BENEFITS OF THE PROPOSED MAJOR RENEWABLE
ENERGY FACILITY; PROVIDED, HOWEVER, THAT ORES SHALL REQUIRE THAT THE
APPLICATION OF UNIFORM STANDARDS AND CONDITIONS AND SITE-SPECIFIC CONDI-
TIONS SHALL ACHIEVE A NET CONSERVATION BENEFIT TO ANY IMPACTED ENDAN-
GERED AND THREATENED SPECIES.
2. (A) WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS SECTION,
ORES SHALL, IN CONSULTATION WITH OTHER OFFICES WITHIN THE DEPARTMENT,
THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF AGRICULTURE
AND MARKETS, AND OTHER AGENCIES WITH SUBJECT MATTER EXPERTISE, ESTABLISH
A SET OF UNIFORM STANDARDS AND CONDITIONS FOR THE SITING, DESIGN,
S. 8308--A 71 A. 8808--A
CONSTRUCTION, AND OPERATION OF MAJOR ELECTRIC TRANSMISSION FACILITIES
SUBJECT TO THIS ARTICLE RELEVANT TO ISSUES THAT ARE COMMON TO SUCH
PROJECTS.
(B) THE UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT TO THIS
ARTICLE SHALL BE DESIGNED TO AVOID OR MINIMIZE, TO THE MAXIMUM EXTENT
PRACTICABLE, ANY POTENTIAL SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS
RELATED TO THE SITING, DESIGN, CONSTRUCTION, AND OPERATION OF A MAJOR
ELECTRIC TRANSMISSION FACILITY. SUCH UNIFORM STANDARDS AND CONDITIONS
SHALL APPLY TO THOSE ENVIRONMENTAL IMPACTS ORES DETERMINES ARE COMMON TO
ELECTRIC TRANSMISSION FACILITIES.
(C) IN ITS REVIEW OF AN APPLICATION FOR A PERMIT TO DEVELOP A MAJOR
ELECTRIC TRANSMISSION FACILITY, ORES, IN CONSULTATION WITH THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION, SHALL IDENTIFY THOSE ADVERSE SITE-
SPECIFIC ENVIRONMENTAL IMPACTS, IF ANY, THAT MAY BE CAUSED OR CONTRIB-
UTED TO BY A SPECIFIC PROPOSED MAJOR ELECTRIC TRANSMISSION FACILITY AND
ARE UNABLE TO BE ADDRESSED BY THE UNIFORM STANDARDS AND CONDITIONS. ORES
SHALL DRAFT IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSER-
VATION SITE-SPECIFIC PERMIT TERMS AND CONDITIONS FOR SUCH IMPACTS,
INCLUDING PROVISIONS FOR THE AVOIDANCE OR MITIGATION THEREOF, TAKING
INTO ACCOUNT THE CLCPA TARGETS, THE ENVIRONMENTAL BENEFITS OF, AND
PUBLIC NEED FOR THE PROPOSED MAJOR ELECTRIC TRANSMISSION FACILITY;
PROVIDED, HOWEVER, THAT ORES SHALL REQUIRE THAT THE APPLICATION OF
UNIFORM STANDARDS AND CONDITIONS AND SITE-SPECIFIC CONDITIONS SHALL
ACHIEVE A NET CONSERVATION BENEFIT TO ANY IMPACTED ENDANGERED AND
THREATENED SPECIES.
(D) UPON THE ESTABLISHMENT OF UNIFORM STANDARDS AND CONDITIONS
REQUIRED BY THIS SECTION AND THE PROMULGATION OF REGULATIONS SPECIFYING
THE CONTENT OF AN APPLICATION FOR A SITING PERMIT FOR A MAJOR ELECTRIC
TRANSMISSION FACILITY, AN APPLICATION FOR SUCH SITING PERMIT FOR A MAJOR
ELECTRIC TRANSMISSION FACILITY SHALL ONLY BE MADE PURSUANT TO THIS ARTI-
CLE.
3. TO THE EXTENT THAT ADVERSE ENVIRONMENTAL IMPACTS ARE NOT COMPLETELY
ADDRESSED BY UNIFORM STANDARDS AND CONDITIONS AND SITE-SPECIFIC PERMIT
CONDITIONS PROPOSED BY ORES, AND ORES DETERMINES THAT MITIGATION OF SUCH
IMPACTS MAY BE ACHIEVED BY OFF-SITE MITIGATION, ORES MAY REQUIRE PAYMENT
OF A FEE BY THE APPLICANT TO ACHIEVE SUCH OFF-SITE MITIGATION. IF ORES
DETERMINES, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSER-
VATION, THAT MITIGATION OF IMPACTS TO ENDANGERED OR THREATENED SPECIES
THAT ACHIEVES A NET CONSERVATION BENEFIT CAN BE ACHIEVED BY OFF-SITE
MITIGATION, THE AMOUNT TO BE PAID FOR SUCH OFF-SITE MITIGATION SHALL BE
SET FORTH IN THE FINAL SITING PERMIT. ORES MAY REQUIRE PAYMENT OF FUNDS
SUFFICIENT TO IMPLEMENT SUCH OFF-SITE MITIGATION INTO THE ENDANGERED AND
THREATENED SPECIES MITIGATION FUND ESTABLISHED PURSUANT TO SECTION NINE-
TY-NINE-HH OF THE STATE FINANCE LAW.
4. ORES SHALL IDENTIFY THE BASIS OF THE PUBLIC NEED FOR A MAJOR ELEC-
TRIC TRANSMISSION FACILITY AND SHALL GRANT PERMITS TO SUCH PROJECTS THAT
DEMONSTRATE A QUALIFIED PUBLIC NEED, SO LONG AS THE ADVERSE ENVIRON-
MENTAL IMPACTS OF THE FACILITY ARE IDENTIFIED AND ADDRESSED BY THE
UNIFORM STANDARDS AND CONDITIONS PROMULGATED PURSUANT TO THIS ARTICLE
AND ANY SITE-SPECIFIC PERMIT CONDITIONS APPLIED TO THE FACILITY, OR
OTHERWISE MITIGATED AS PROVIDED IN THIS ARTICLE.
5. ORES, IN CONSULTATION WITH THE DEPARTMENT, SHALL PROMULGATE RULES
AND REGULATIONS WITH RESPECT TO ALL NECESSARY REQUIREMENTS TO IMPLEMENT
THE SITING PERMIT PROGRAM ESTABLISHED IN THIS ARTICLE AND PROMULGATE
MODIFICATIONS TO SUCH RULES AND REGULATIONS AS IT DEEMS NECESSARY;
PROVIDED THAT ORES SHALL PROMULGATE REGULATIONS REQUIRING THE SERVICE OF
S. 8308--A 72 A. 8808--A
APPLICATIONS ON AFFECTED MUNICIPALITIES AND POLITICAL SUBDIVISIONS
SIMULTANEOUSLY WITH SUBMISSION OF AN APPLICATION.
§ 139. APPLICABILITY. 1. NO PERSON SHALL COMMENCE THE PREPARATION OF A
SITE FOR, OR BEGIN THE CONSTRUCTION OF, A MAJOR RENEWABLE ENERGY FACILI-
TY IN THE STATE, OR INCREASE THE CAPACITY OF AN EXISTING MAJOR RENEWABLE
ENERGY FACILITY, WITHOUT HAVING FIRST OBTAINED A SITING PERMIT PURSUANT
TO THIS ARTICLE. EXCEPT AS PROVIDED IN PARAGRAPH (D) OF SUBDIVISION FIVE
OF THIS SECTION, ON AND AFTER EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE
OF THIS ARTICLE, NO PERSON SHALL COMMENCE THE PREPARATION OF A SITE FOR,
OR BEGIN CONSTRUCTION OF, A MAJOR ELECTRIC TRANSMISSION FACILITY IN THE
STATE WITHOUT HAVING FIRST OBTAINED A SITING PERMIT ISSUED WITH RESPECT
TO SUCH FACILITY PURSUANT TO THIS ARTICLE. ANY MAJOR RENEWABLE ENERGY
FACILITY OR MAJOR ELECTRIC TRANSMISSION FACILITY SUBJECT TO THIS ARTICLE
WITH RESPECT TO WHICH A SITING PERMIT IS ISSUED SHALL NOT THEREAFTER BE
BUILT, MAINTAINED, OR OPERATED EXCEPT IN CONFORMITY WITH SUCH SITING
PERMIT AND ANY TERMS, LIMITATIONS, OR CONDITIONS CONTAINED THEREIN,
PROVIDED THAT NOTHING IN THIS SUBDIVISION SHALL EXEMPT SUCH FACILITY
FROM COMPLIANCE WITH FEDERAL LAWS AND REGULATIONS.
2. A SITING PERMIT ISSUED BY ORES MAY BE TRANSFERRED OR ASSIGNED,
SUBJECT TO THE PRIOR WRITTEN APPROVAL OF THE OFFICE, TO A PERSON THAT
AGREES TO COMPLY WITH THE TERMS, LIMITATIONS AND CONDITIONS CONTAINED IN
SUCH SITING PERMIT.
3. ORES OR A PERMITTEE MAY INITIATE AN AMENDMENT TO A SITING PERMIT
UNDER THIS SECTION. AN AMENDMENT INITIATED BY ORES OR PERMITTEE THAT IS
LIKELY TO RESULT IN ANY MATERIAL INCREASE IN ANY ADVERSE ENVIRONMENTAL
IMPACT OR INVOLVES A SUBSTANTIAL CHANGE TO THE TERMS OR CONDITIONS OF A
SITING PERMIT SHALL COMPLY WITH THE PUBLIC NOTICE AND HEARING REQUIRE-
MENTS OF THIS SECTION.
4. ANY HEARINGS OR DISPUTE RESOLUTION PROCEEDINGS INITIATED UNDER THIS
SECTION OR PURSUANT TO RULES OR REGULATIONS PROMULGATED PURSUANT TO THIS
SECTION MAY BE CONDUCTED BY THE EXECUTIVE DIRECTOR OF ORES OR ANY PERSON
TO WHOM THE EXECUTIVE DIRECTOR SHALL DELEGATE THE POWER AND AUTHORITY TO
CONDUCT SUCH HEARINGS OR PROCEEDINGS IN THE NAME OF ORES AT ANY TIME AND
PLACE.
5. THIS SECTION SHALL NOT APPLY:
(A) TO ANY MAJOR ELECTRIC TRANSMISSION FACILITY OVER WHICH ANY AGENCY
OR DEPARTMENT OF THE FEDERAL GOVERNMENT HAS EXCLUSIVE JURISDICTION, OR
HAS JURISDICTION CONCURRENT WITH THAT OF THE STATE AND HAS EXERCISED
SUCH JURISDICTION, TO THE EXCLUSION OF REGULATION OF THE FACILITY BY THE
STATE; PROVIDED, HOWEVER, NOTHING HEREIN SHALL BE CONSTRUED TO EXPAND
FEDERAL JURISDICTION;
(B) TO NORMAL REPAIRS, MAINTENANCE, REPLACEMENTS, NON-MATERIAL MODIFI-
CATIONS AND IMPROVEMENTS OF A MAJOR RENEWABLE ENERGY FACILITY OR MAJOR
ELECTRIC TRANSMISSION FACILITY SUBJECT TO THIS ARTICLE, WHENEVER BUILT,
WHICH ARE PERFORMED IN THE ORDINARY COURSE OF BUSINESS AND WHICH DO NOT
CONSTITUTE A VIOLATION OF ANY APPLICABLE EXISTING PERMIT;
(C) TO A MAJOR RENEWABLE ENERGY FACILITY IF, ON OR BEFORE THE EFFEC-
TIVE DATE OF THIS ARTICLE, AN APPLICATION HAS BEEN MADE OR GRANTED FOR A
LICENSE, PERMIT, CERTIFICATE, CONSENT OR APPROVAL FROM ANY FEDERAL,
STATE OR LOCAL COMMISSION, AGENCY, BOARD OR REGULATORY BODY; AND
(D) TO A MAJOR ELECTRIC TRANSMISSION FACILITY FOR WHICH AN APPLICATION
PURSUANT TO ARTICLE SEVEN OF THIS CHAPTER AND ITS IMPLEMENTING REGU-
LATIONS IS SUBMITTED ON OR BEFORE THE ESTABLISHMENT OF THE UNIFORM STAN-
DARDS AND CONDITIONS REQUIRED PURSUANT TO SUBDIVISION TWO OF SECTION ONE
HUNDRED THIRTY-EIGHT OF THIS ARTICLE.
S. 8308--A 73 A. 8808--A
6. AFTER THE EFFECTIVE DATE OF THIS ARTICLE, ANY PERSON INTENDING TO
CONSTRUCT A MAJOR ELECTRIC TRANSMISSION FACILITY EXCLUDED FROM THIS
SECTION PURSUANT TO PARAGRAPH (D) OF SUBDIVISION FIVE OF THIS SECTION
MAY ELECT TO BECOME SUBJECT TO THE PROVISIONS OF THIS SECTION BY FILING
AN APPLICATION FOR A SITING PERMIT PURSUANT TO THE REGULATIONS OF ORES
GOVERNING SUCH APPLICATIONS.
§ 140. APPLICATION AND NOTICE. 1. (A) NOTWITHSTANDING ANY LAW TO THE
CONTRARY, ORES SHALL, WITHIN SIXTY DAYS OF ITS RECEIPT OF AN APPLICATION
FOR A SITING PERMIT WITH RESPECT TO A MAJOR RENEWABLE ENERGY FACILITY
SUBJECT TO THIS ARTICLE DETERMINE WHETHER THE APPLICATION IS COMPLETE
AND NOTIFY THE APPLICANT OF ITS DETERMINATION. IF ORES DOES NOT DEEM THE
APPLICATION COMPLETE, ORES SHALL SET FORTH IN WRITING DELIVERED TO THE
APPLICANT THE REASONS WHY IT HAS DETERMINED THE APPLICATION TO BE INCOM-
PLETE. IF ORES FAILS TO MAKE A DETERMINATION WITHIN THE FOREGOING
SIXTY-DAY TIME PERIOD, THE APPLICATION SHALL BE DEEMED COMPLETE;
PROVIDED, HOWEVER, THAT THE APPLICANT MAY CONSENT TO AN EXTENSION OF THE
SIXTY-DAY TIME PERIOD FOR DETERMINING APPLICATION COMPLETENESS.
PROVIDED, FURTHER, THAT NO APPLICATION MAY BE COMPLETE WITHOUT PROOF OF
CONSULTATION WITH THE MUNICIPALITY OR POLITICAL SUBDIVISION WHERE THE
PROJECT IS PROPOSED TO BE LOCATED, OR AN AGENCY THEREOF, PRIOR TO
SUBMISSION OF AN APPLICATION TO ORES, RELATED TO PROCEDURAL AND SUBSTAN-
TIVE REQUIREMENTS OF LOCAL LAW.
(B) NO LATER THAN SIXTY DAYS FOLLOWING THE DATE UPON WHICH AN APPLICA-
TION HAS BEEN DEEMED COMPLETE, AND FOLLOWING CONSULTATION WITH ANY RELE-
VANT STATE AGENCY OR AUTHORITY, ORES SHALL PUBLISH FOR PUBLIC COMMENT
DRAFT PERMIT CONDITIONS PREPARED BY THE OFFICE, WHICH COMMENT PERIOD
SHALL BE FOR A MINIMUM OF SIXTY DAYS FROM PUBLIC NOTICE THEREOF, OR
NOTICE OF INTENT TO DENY WITH REASONS THEREOF. SUCH PUBLIC NOTICE SHALL
INCLUDE, BUT SHALL NOT BE LIMITED TO: (I) WRITTEN NOTICE TO THE MUNICI-
PALITIES OR POLITICAL SUBDIVISIONS IN WHICH SUCH PROJECT IS PROPOSED TO
BE LOCATED; (II) PUBLICATION IN A NEWSPAPER OR IN ELECTRONIC FORM,
HAVING GENERAL CIRCULATION IN SUCH MUNICIPALITIES OR POLITICAL SUBDIVI-
SIONS; AND (III) POSTING THE NOTICE ON THE OFFICE'S AND THE DEPARTMENT'S
WEBSITE.
(C) FOR ANY MUNICIPALITY, POLITICAL SUBDIVISION OR AN AGENCY THEREOF
THAT HAS RECEIVED NOTICE OF THE FILING OF AN APPLICATION, PURSUANT TO
REGULATIONS PROMULGATED IN ACCORDANCE WITH THIS ARTICLE, THE MUNICI-
PALITY OR POLITICAL SUBDIVISION OR AGENCY THEREOF SHALL WITHIN THE TIME-
FRAMES ESTABLISHED BY THIS SUBDIVISION SUBMIT A STATEMENT TO ORES INDI-
CATING WHETHER THE PROPOSED PROJECT IS DESIGNED TO BE SITED, CONSTRUCTED
AND OPERATED IN COMPLIANCE WITH APPLICABLE LOCAL LAWS AND REGULATIONS,
IF ANY, CONCERNING THE ENVIRONMENT, OR PUBLIC HEALTH AND SAFETY. IN THE
EVENT THAT A MUNICIPALITY, POLITICAL SUBDIVISION OR AN AGENCY THEREOF
SUBMITS A STATEMENT TO ORES THAT THE PROPOSED PROJECT IS NOT DESIGNED TO
BE SITED, CONSTRUCTED OR OPERATED IN COMPLIANCE WITH LOCAL LAWS AND
REGULATIONS AND ORES DETERMINES NOT TO HOLD AN ADJUDICATORY HEARING ON
THE APPLICATION, ORES SHALL HOLD A NON-ADJUDICATORY PUBLIC HEARING IN OR
NEAR ONE OR MORE OF THE AFFECTED MUNICIPALITIES OR POLITICAL SUBDIVI-
SIONS.
2. (A) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ORES SHALL, WITHIN ONE
HUNDRED TWENTY DAYS AFTER ITS RECEIPT OF AN APPLICATION FOR A SITING
PERMIT WITH RESPECT TO A MAJOR ELECTRIC TRANSMISSION FACILITY, DETERMINE
WHETHER THE APPLICATION IS COMPLETE AND NOTIFY THE APPLICANT OF ITS
DETERMINATION. IF ORES DOES NOT DEEM THE APPLICATION COMPLETE, IT SHALL
SET FORTH IN WRITING DELIVERED TO THE APPLICANT THE REASONS WHY IT HAS
DETERMINED THE APPLICATION TO BE INCOMPLETE. IF ORES FAILS TO MAKE A
S. 8308--A 74 A. 8808--A
DETERMINATION WITHIN THE FOREGOING ONE HUNDRED TWENTY DAY TIME PERIOD,
THE APPLICATION SHALL BE DEEMED COMPLETE; PROVIDED, HOWEVER, THAT THE
APPLICANT MAY CONSENT TO AN EXTENSION OF THE ONE HUNDRED TWENTY DAY TIME
PERIOD FOR DETERMINING APPLICATION COMPLETENESS. PROVIDED, FURTHER,
THAT NO APPLICATION MAY BE COMPLETE WITHOUT PROOF OF CONSULTATION WITH
THE MUNICIPALITY OR POLITICAL SUBDIVISION WHERE THE PROJECT IS PROPOSED
TO BE LOCATED, OR AN AGENCY THEREOF, PRIOR TO SUBMISSION OF AN APPLICA-
TION TO ORES, RELATED TO PROCEDURAL AND SUBSTANTIVE REQUIREMENTS OF
LOCAL LAW.
(B) IN ADDITION TO ADDRESSING UNIFORM STANDARDS AND CONDITIONS, THE
APPLICATION FOR A SITING PERMIT WITH RESPECT TO A MAJOR ELECTRIC TRANS-
MISSION FACILITY SHALL INCLUDE, IN SUCH FORM AS ORES MAY PRESCRIBE, THE
FOLLOWING INFORMATION: (I) THE LOCATION OF THE SITE OR RIGHT-OF-WAY;
(II) A DESCRIPTION OF THE TRANSMISSION FACILITY TO BE BUILT THEREON;
(III) A SUMMARY OF ANY STUDIES WHICH HAVE BEEN MADE OF THE ENVIRONMENTAL
IMPACT OF THE PROJECT, AND A DESCRIPTION OF SUCH STUDIES; (IV) A STATE-
MENT EXPLAINING THE PUBLIC NEED FOR THE FACILITY; (V) COPIES OF ANY
STUDIES OF THE ELECTRICAL PERFORMANCE AND SYSTEM IMPACTS OF THE FACILITY
PERFORMED BY THE STATE GRID OPERATOR PURSUANT TO ITS TARIFF; AND (VI)
SUCH OTHER INFORMATION AS THE APPLICANT MAY CONSIDER RELEVANT OR ORES
MAY BY REGULATION REQUIRE.
(C) TO THE GREATEST EXTENT PRACTICABLE, EACH LANDOWNER OF LAND ON
WHICH ANY PORTION OF SUCH PROPOSED FACILITY IS TO BE LOCATED SHALL BE
SERVED BY FIRST CLASS MAIL WITH A NOTICE THAT SUCH LANDOWNER'S PROPERTY
MAY BE IMPACTED BY A PROJECT AND AN EXPLANATION OF HOW TO FILE WITH ORES
A NOTICE OF INTENT TO BE A PARTY IN THE PERMIT APPLICATION PROCEEDINGS
AND THE TIMEFRAME FOR FILING SUCH APPLICATION.
(D) NO LATER THAN SIXTY DAYS FOLLOWING THE DATE UPON WHICH AN APPLICA-
TION HAS BEEN DEEMED COMPLETE, AND FOLLOWING CONSULTATION WITH ANY RELE-
VANT STATE AGENCY OR AUTHORITY, ORES SHALL PUBLISH FOR PUBLIC COMMENT
DRAFT PERMIT CONDITIONS PREPARED BY THE OFFICE, WHICH COMMENT PERIOD
SHALL BE FOR A MINIMUM OF SIXTY DAYS FROM PUBLIC NOTICE THEREOF. SUCH
PUBLIC NOTICE SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO: (I) WRITTEN
NOTICE TO THE MUNICIPALITIES AND POLITICAL SUBDIVISIONS, IN WHICH THE
MAJOR ELECTRIC UTILITY TRANSMISSION IS PROPOSED TO BE LOCATED AND TO
LANDOWNERS NOTIFIED OF THE APPLICATION PURSUANT TO PARAGRAPH (C) OF THIS
SUBDIVISION; (II) PUBLICATION IN A NEWSPAPER OR IN ELECTRONIC FORM,
HAVING GENERAL CIRCULATION IN SUCH MUNICIPALITIES OR POLITICAL SUBDIVI-
SIONS; AND (III) POSTING ON THE OFFICE'S AND THE DEPARTMENT'S WEBSITE.
3. FOR ANY MUNICIPALITY, POLITICAL SUBDIVISION OR AN AGENCY THEREOF
THAT HAS RECEIVED NOTICE OF THE FILING OF AN APPLICATION, PURSUANT TO
REGULATIONS PROMULGATED IN ACCORDANCE WITH THIS SECTION OR OTHERWISE IN
EFFECT ON THE EFFECTIVE DATE OF THIS ARTICLE, THE MUNICIPALITY OR POLI-
TICAL SUBDIVISION OR AGENCY THEREOF SHALL WITHIN THE TIMEFRAMES ESTAB-
LISHED BY THIS ACT SUBMIT A STATEMENT TO ORES INDICATING WHETHER THE
PROPOSED FACILITY IS DESIGNED TO BE SITED, CONSTRUCTED AND OPERATED IN
COMPLIANCE WITH APPLICABLE LOCAL LAWS AND REGULATIONS, IF ANY, CONCERN-
ING THE ENVIRONMENT, OR PUBLIC HEALTH AND SAFETY. IN THE EVENT THAT A
MUNICIPALITY, POLITICAL SUBDIVISION OR AN AGENCY THEREOF SUBMITS A
STATEMENT TO ORES THAT THE PROPOSED FACILITY IS NOT DESIGNED TO BE
SITED, CONSTRUCTED OR OPERATED IN COMPLIANCE WITH LOCAL LAWS AND REGU-
LATIONS AND ORES DETERMINES NOT TO HOLD AN ADJUDICATORY HEARING ON THE
APPLICATION, ORES SHALL HOLD A NON-ADJUDICATORY PUBLIC HEARING IN THE
AFFECTED MUNICIPALITY OR POLITICAL SUBDIVISION.
4. IF PUBLIC COMMENTS ON A DRAFT PERMIT CONDITION PUBLISHED BY ORES
PURSUANT TO THIS SECTION, INCLUDING COMMENTS PROVIDED BY A MUNICIPALITY
S. 8308--A 75 A. 8808--A
OR POLITICAL SUBDIVISION OR AGENCY THEREOF, LANDOWNERS, OR MEMBERS OF
THE PUBLIC, RAISE A SUBSTANTIVE AND SIGNIFICANT ISSUE, AS DEFINED IN
REGULATIONS ADOPTED PURSUANT TO THIS ARTICLE, THAT REQUIRES ADJUDI-
CATION, ORES SHALL PROMPTLY FIX A DATE FOR AN ADJUDICATORY HEARING TO
HEAR ARGUMENTS AND CONSIDER EVIDENCE WITH RESPECT THERETO; PROVIDED,
HOWEVER, THAT WITH RESPECT TO AN APPLICATION FOR A SITING PERMIT FOR A
MAJOR ELECTRIC TRANSMISSION FACILITY, ANY PORTION OF WHICH IS TO BE
LOCATED ON THE LAND OF A LANDOWNER FOR WHICH THE APPLICANT LACKS A
RIGHT-OF-WAY AGREEMENT, ORES SHALL PROVIDE SUCH LANDOWNER WITH AN OPPOR-
TUNITY TO CHALLENGE THE EXPLANATION FOR THE PUBLIC NEED GIVEN IN SUCH
APPLICATION.
5. FOLLOWING THE EXPIRATION OF THE PUBLIC COMMENT PERIOD SET FORTH IN
THIS SECTION, AND FOLLOWING THE CONCLUSION OF A HEARING UNDERTAKEN
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, ORES SHALL, IN THE CASE OF
A PUBLIC COMMENT PERIOD, ISSUE A WRITTEN SUMMARY OF PUBLIC COMMENTS AND
AN ASSESSMENT OF COMMENTS RECEIVED, AND IN THE CASE OF AN ADJUDICATORY
HEARING, THE EXECUTIVE OFFICER OR ANY PERSON TO WHOM THE EXECUTIVE
DIRECTOR HAS DELEGATED SUCH AUTHORITY SHALL ISSUE A FINAL WRITTEN HEAR-
ING REPORT. A FINAL SITING PERMIT MAY ONLY BE ISSUED IF ORES MAKES A
FINDING THAT THE PROPOSED PROJECT, TOGETHER WITH ANY APPLICABLE UNIFORM
AND SITE-SPECIFIC STANDARDS AND CONDITIONS, WOULD COMPLY WITH APPLICABLE
LAWS AND REGULATIONS. IN MAKING A FINAL SITING PERMIT DETERMINATION WITH
RESPECT TO A MAJOR RENEWABLE ENERGY FACILITY OR A MAJOR ELECTRIC TRANS-
MISSION FACILITY, ORES MAY ELECT NOT TO APPLY, IN WHOLE OR IN PART, ANY
LOCAL LAW OR ORDINANCE THAT WOULD OTHERWISE BE APPLICABLE IF IT MAKES A
FINDING THAT, AS APPLIED TO THE PROPOSED FACILITY, IT IS UNREASONABLY
BURDENSOME IN VIEW OF THE CLCPA TARGETS, THE ENVIRONMENTAL BENEFITS, AND
IN THE CASE OF A TRANSMISSION FACILITY, THE PUBLIC NEED FOR THE PROPOSED
PROJECT.
6. NOTWITHSTANDING ANY OTHER DEADLINE MADE APPLICABLE BY THIS SECTION,
ORES SHALL MAKE A FINAL DECISION ON A SITING PERMIT WITHIN ONE YEAR FROM
THE DATE THE APPLICATION WAS DEEMED COMPLETE, OR WITHIN SIX MONTHS FROM
THE DATE THE APPLICATION WAS DEEMED COMPLETE IF SUCH APPLICATION RELATES
TO A MAJOR RENEWABLE ENERGY FACILITY THAT IS PROPOSED TO BE SITED ON AN
EXISTING OR ABANDONED COMMERCIAL USE, INCLUDING WITHOUT LIMITATION,
BROWNFIELDS, LANDFILLS, FORMER COMMERCIAL OR INDUSTRIAL SITES, DORMANT
ELECTRIC GENERATING SITES, AND ABANDONED OR OTHERWISE UNDERUTILIZED
SITES, AS FURTHER DEFINED BY THE REGULATIONS PROMULGATED BY OR IN EFFECT
UNDER THIS ARTICLE. UNLESS ORES AND THE APPLICANT HAVE AGREED TO AN
EXTENSION AND IF A FINAL SITING PERMIT DECISION HAS NOT BEEN MADE BY
ORES WITHIN SUCH TIME PERIOD, THEN SUCH SITING PERMIT SHALL BE DEEMED TO
HAVE BEEN AUTOMATICALLY GRANTED FOR ALL PURPOSES SET FORTH IN THIS ARTI-
CLE AND ALL UNIFORM CONDITIONS OR SITE SPECIFIC PERMIT CONDITIONS ISSUED
FOR PUBLIC COMMENT SHALL CONSTITUTE ENFORCEABLE PROVISIONS OF THE SITING
PERMIT; PROVIDED, HOWEVER, THAT WITH RESPECT TO A FINAL SITING PERMIT
DECISION RELATED TO A MAJOR ELECTRIC TRANSMISSION FACILITY, ANY PORTION
OF WHICH IS TO BE LOCATED ON THE LAND OF A LANDOWNER FOR WHICH THE
APPLICANT LACKS AN EXISTING RIGHT-OF-WAY AGREEMENT, NO SUCH PERMIT MAY
BE AUTOMATICALLY GRANTED. THE FINAL SITING PERMIT RELATED TO A MAJOR
RENEWABLE ENERGY FACILITY SHALL INCLUDE A PROVISION REQUIRING THE
PERMITTEE TO PROVIDE A HOST COMMUNITY BENEFIT, WHICH MAY BE A HOST
COMMUNITY BENEFIT AS DETERMINED BY THE COMMISSION PURSUANT TO SECTION
EIGHT OF PART JJJ OF CHAPTER FIFTY-EIGHT OF THE LAWS OF TWO THOUSAND
TWENTY OR SUCH OTHER PROJECT AS DETERMINED BY ORES OR AS SUBSEQUENTLY
AGREED TO BETWEEN THE APPLICANT AND THE HOST COMMUNITY.
S. 8308--A 76 A. 8808--A
7. ORES, IN CONSULTATION WITH THE DEPARTMENT, MAY EXEMPT FROM THE
REQUIREMENTS OF THIS ARTICLE APPLICATIONS FOR A MAJOR ELECTRIC TRANS-
MISSION FACILITY THAT WOULD BE CONSTRUCTED SUBSTANTIALLY WITHIN EXISTING
RIGHTS-OF-WAY.
§ 141. POWERS OF MUNICIPALITIES AND STATE AGENCIES AND AUTHORITIES;
SCOPE. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING WITHOUT
LIMITATION ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ARTI-
CLE SEVEN OF THIS CHAPTER, NO OTHER STATE AGENCY, DEPARTMENT OR AUTHORI-
TY, OR ANY MUNICIPALITY OR POLITICAL SUBDIVISION OR ANY AGENCY THEREOF
MAY, EXCEPT AS EXPRESSLY AUTHORIZED UNDER THIS ARTICLE OR THE RULES AND
REGULATIONS PROMULGATED UNDER THIS ARTICLE, REQUIRE ANY APPROVAL,
CONSENT, PERMIT, CERTIFICATE, CONTRACT, AGREEMENT, OR OTHER CONDITION
FOR THE DEVELOPMENT, DESIGN, CONSTRUCTION, OPERATION, OR DECOMMISSIONING
OF A MAJOR RENEWABLE ENERGY FACILITY OR A MAJOR ELECTRIC TRANSMISSION
FACILITY WITH RESPECT TO WHICH AN APPLICATION FOR A SITING PERMIT HAS
BEEN FILED, PROVIDED IN THE CASE OF A MUNICIPALITY, POLITICAL SUBDIVI-
SION OR AN AGENCY THEREOF, SUCH ENTITY HAS RECEIVED NOTICE OF THE FILING
OF THE APPLICATION THEREFOR. NOTWITHSTANDING THE FOREGOING, THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION SHALL BE THE PERMITTING AGENCY FOR
PERMITS ISSUED PURSUANT TO FEDERALLY DELEGATED OR FEDERALLY APPROVED
PROGRAMS.
2. THIS SECTION SHALL NOT IMPAIR OR ABROGATE ANY FEDERAL, STATE OR
LOCAL LABOR LAWS OR ANY OTHERWISE APPLICABLE STATE LAW FOR THE
PROTECTION OF EMPLOYEES ENGAGED IN THE CONSTRUCTION AND OPERATION OF A
MAJOR RENEWABLE ENERGY FACILITY OR MAJOR ELECTRIC TRANSMISSION FACILITY.
3. ORES AND THE DEPARTMENT SHALL MONITOR, ENFORCE AND ADMINISTER
COMPLIANCE WITH ANY TERMS AND CONDITIONS SET FORTH IN A SITING PERMIT
ISSUED PURSUANT TO THIS ARTICLE AND IN DOING SO MAY USE AND RELY ON
AUTHORITY OTHERWISE AVAILABLE UNDER THIS CHAPTER.
§ 142. FEES; LOCAL AGENCY ACCOUNT. 1. EACH APPLICATION FOR A SITING
PERMIT SHALL BE ACCOMPANIED BY A FEE IN AN AMOUNT EQUAL TO THE FOLLOW-
ING:
(A) FOR A MAJOR RENEWABLE ENERGY FACILITY, ONE THOUSAND DOLLARS FOR
EACH THOUSAND KILOWATTS OF CAPACITY OF THE PROPOSED MAJOR RENEWABLE
ENERGY FACILITY;
(B) FOR A MAJOR ELECTRIC TRANSMISSION FACILITY OF ONE HUNDRED TWENTY-
FIVE KILOVOLTS OR MORE EXTENDING A DISTANCE OF OVER ONE HUNDRED MILES,
FOUR HUNDRED FIFTY THOUSAND DOLLARS;
(C) FOR A MAJOR ELECTRIC TRANSMISSION FACILITY OF ONE HUNDRED TWENTY-
FIVE KILOVOLTS OR MORE EXTENDING A DISTANCE OF OVER FIFTY MILES TO ONE
HUNDRED MILES, THREE HUNDRED FIFTY THOUSAND DOLLARS;
(D) FOR A MAJOR ELECTRIC TRANSMISSION FACILITY REQUIRING A NEW RIGHT-
OF-WAY AND ONE HUNDRED TWENTY-FIVE KILOVOLTS OR MORE EXTENDING A
DISTANCE OF TEN MILES TO FIFTY MILES, ONE HUNDRED THOUSAND DOLLARS; AND
(E) FOR A MAJOR ELECTRIC TRANSMISSION FACILITY UTILIZING AN EXISTING
RIGHT-OF-WAY AND ONE HUNDRED TWENTY-FIVE KILOVOLTS OR MORE EXTENDING A
DISTANCE OF TEN MILES TO FIFTY MILES, FIFTY THOUSAND DOLLARS.
2. SUCH FEE IS TO BE DEPOSITED IN AN ACCOUNT TO BE KNOWN AS THE LOCAL
AGENCY ACCOUNT ESTABLISHED FOR THE BENEFIT OF LOCAL AGENCIES AND COMMU-
NITY INTERVENORS BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY AND MAINTAINED IN A SEGREGATED ACCOUNT IN THE CUSTODY OF THE
COMMISSIONER OF TAXATION AND FINANCE. ORES, IN CONSULTATION WITH THE
DEPARTMENT, MAY UPDATE THE FEE PERIODICALLY SOLELY TO ACCOUNT FOR
INFLATION. THE PROCEEDS OF SUCH ACCOUNT SHALL BE DISBURSED BY THE
OFFICE, IN ACCORDANCE WITH ELIGIBILITY AND PROCEDURES ESTABLISHED BY THE
RULES AND REGULATIONS PROMULGATED BY ORES OR THE DEPARTMENT PURSUANT TO
S. 8308--A 77 A. 8808--A
THIS ARTICLE OR IN EFFECT AS OF THE EFFECTIVE DATE OF THIS ARTICLE, FOR
THE PARTICIPATION OF LOCAL AGENCIES AND COMMUNITY INTERVENORS IN PUBLIC
COMMENT PERIODS OR HEARING PROCEDURES ESTABLISHED BY THIS ARTICLE,
INCLUDING THE RULES AND REGULATIONS PROMULGATED HERETO; PROVIDED THAT
FEES MUST BE DISBURSED FOR MUNICIPALITIES, POLITICAL SUBDIVISIONS OR AN
AGENCY THEREOF, TO DETERMINE WHETHER A PROPOSED PROJECT IS DESIGNED TO
BE SITED, CONSTRUCTED AND OPERATED IN COMPLIANCE WITH THE APPLICABLE
LOCAL LAWS AND REGULATIONS.
3. ALL FUNDS SO HELD BY THE NEW YORK STATE ENERGY RESEARCH AND DEVEL-
OPMENT AUTHORITY SHALL BE SUBJECT TO AN ANNUAL INDEPENDENT AUDIT AS PART
OF SUCH AUTHORITY'S AUDITED FINANCIAL STATEMENTS, AND SUCH AUTHORITY
SHALL PREPARE AN ANNUAL REPORT SUMMARIZING ACCOUNT BALANCES AND ACTIV-
ITIES FOR EACH FISCAL YEAR ENDING MARCH THIRTY-FIRST AND PROVIDE SUCH
REPORT TO THE OFFICE NO LATER THAN NINETY DAYS AFTER COMMENCEMENT OF
SUCH FISCAL YEAR AND POST ON THE AUTHORITY'S WEBSITE.
4. TO THE EXTENT AN APPLICANT SUBMITTED INTERVENOR FUNDS PURSUANT TO
ARTICLES SEVEN OR TEN OF THIS CHAPTER AND HAS NOW FILED AN APPLICATION
FOR A SITING PERMIT PURSUANT TO THIS ARTICLE, ANY AMOUNTS HELD IN AN
INTERVENOR ACCOUNT ESTABLISHED PURSUANT TO ARTICLES SEVEN AND TEN OF
THIS CHAPTER FOR THAT PROJECT SHALL BE APPLIED TO THE INTERVENOR ACCOUNT
ESTABLISHED BY THIS SECTION.
5. IN ADDITION TO THE FEES ESTABLISHED PURSUANT TO THIS SECTION, ORES
OR THE DEPARTMENT, PURSUANT TO REGULATIONS ADOPTED PURSUANT TO THIS
ARTICLE, MAY ASSESS A FEE FOR THE PURPOSE OF RECOVERING COSTS INCURRED
BY THE OFFICE; PROVIDED, HOWEVER, THAT PUBLIC UTILITIES THAT ARE SUBJECT
TO SECTION EIGHTEEN-A OF THIS CHAPTER SHALL NOT BE ASSESSED A FEE FOR
SUCH COSTS.
6. IN ADDITION TO THE FEES ESTABLISHED PURSUANT TO THIS SECTION, ORES
OR THE DEPARTMENT, PURSUANT TO REGULATIONS ADOPTED PURSUANT TO THIS
ARTICLE, MAY ASSESS A FEE FOR THE PURPOSE OF RECOVERING COSTS INCURRED
BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY
PURSUANT TO TITLE NINE-C OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES
LAW; PROVIDED, HOWEVER, THAT PUBLIC UTILITIES THAT ARE SUBJECT TO
SECTION EIGHTEEN-A OF THIS CHAPTER SHALL NOT BE ASSESSED A FEE FOR SUCH
COSTS.
§ 143. JUDICIAL REVIEW. 1. ANY PARTY AGGRIEVED BY THE ISSUANCE OR
DENIAL OF A SITING PERMIT UNDER THIS ARTICLE MAY SEEK JUDICIAL REVIEW OF
SUCH DECISION AS PROVIDED IN THIS SECTION.
2. A JUDICIAL PROCEEDING SHALL BE BROUGHT IN THE THIRD DEPARTMENT OF
THE APPELLATE DIVISION OF THE SUPREME COURT OF THE STATE OF NEW YORK.
SUCH PROCEEDING SHALL BE INITIATED BY THE FILING OF A PETITION IN SUCH
COURT WITHIN NINETY DAYS AFTER THE ISSUANCE OF A FINAL DECISION BY ORES
TOGETHER WITH PROOF OF SERVICE OF A DEMAND ON ORES TO FILE WITH SAID
COURT A COPY OF A WRITTEN TRANSCRIPT OF THE RECORD OF THE PROCEEDING AND
A COPY OF ORES'S DECISION AND OPINION. ORES'S COPY OF SAID TRANSCRIPT,
DECISION AND OPINION, SHALL BE AVAILABLE AT ALL REASONABLE TIMES TO ALL
PARTIES FOR EXAMINATION WITHOUT COST. UPON RECEIPT OF SUCH PETITION AND
DEMAND ORES SHALL FORTHWITH DELIVER TO THE COURT A COPY OF THE RECORD
AND A COPY OF ORES'S DECISION AND OPINION. THEREUPON, THE COURT SHALL
HAVE JURISDICTION OF THE PROCEEDING AND SHALL HAVE THE POWER TO GRANT
SUCH RELIEF AS IT DEEMS JUST AND PROPER, AND TO MAKE AND ENTER AN ORDER
ENFORCING, MODIFYING AND ENFORCING AS SO MODIFIED, REMANDING FOR FURTHER
SPECIFIC EVIDENCE OR FINDINGS OR SETTING ASIDE IN WHOLE OR IN PART SUCH
DECISION. THE APPEAL SHALL BE HEARD ON THE RECORD, WITHOUT REQUIREMENT
OF REPRODUCTION, AND UPON BRIEFS TO THE COURT. THE FINDINGS OF FACT ON
WHICH SUCH DECISION IS BASED SHALL BE CONCLUSIVE IF SUPPORTED BY
S. 8308--A 78 A. 8808--A
SUBSTANTIAL EVIDENCE ON THE RECORD CONSIDERED AS A WHOLE AND MATTERS OF
JUDICIAL NOTICE SET FORTH IN THE OPINION. THE JURISDICTION OF THE APPEL-
LATE DIVISION OF THE SUPREME COURT SHALL BE EXCLUSIVE AND ITS JUDGMENT
AND ORDER SHALL BE FINAL, SUBJECT TO REVIEW BY THE COURT OF APPEALS IN
THE SAME MANNER AND FORM AND WITH THE SAME EFFECT AS PROVIDED FOR
APPEALS IN A SPECIAL PROCEEDING. ALL SUCH PROCEEDINGS SHALL BE HEARD AND
DETERMINED BY THE APPELLATE DIVISION OF THE SUPREME COURT AND BY THE
COURT OF APPEALS AS EXPEDITIOUSLY AS POSSIBLE AND WITH LAWFUL PRECEDENCE
OVER ALL OTHER MATTERS.
3. THE GROUNDS FOR AND SCOPE OF REVIEW OF THE COURT SHALL BE LIMITED
TO WHETHER THE DECISION AND OPINION OF ORES ARE:
(A) IN CONFORMITY WITH THE CONSTITUTION, LAWS AND REGULATIONS OF THE
STATE AND THE UNITED STATES;
(B) SUPPORTED BY SUBSTANTIAL EVIDENCE IN THE RECORD AND MATTERS OF
JUDICIAL NOTICE PROPERLY CONSIDERED AND APPLIED IN THE OPINION;
(C) WITHIN THE STATUTORY JURISDICTION OR AUTHORITY OF ORES AND THE
DEPARTMENT;
(D) MADE IN ACCORDANCE WITH PROCEDURES SET FORTH IN THIS SECTION OR
ESTABLISHED BY RULE OR REGULATION PURSUANT TO THIS ARTICLE;
(E) ARBITRARY, CAPRICIOUS OR AN ABUSE OF DISCRETION; OR
(F) MADE PURSUANT TO A PROCESS THAT AFFORDED MEANINGFUL INVOLVEMENT OF
CITIZENS AFFECTED BY THE FACILITY OR PROJECT REGARDLESS OF AGE, RACE,
COLOR, NATIONAL ORIGIN AND INCOME.
4. EXCEPT AS HEREIN PROVIDED ARTICLE SEVENTY-EIGHT OF THE CIVIL PRAC-
TICE LAW AND RULES SHALL APPLY TO APPEALS TAKEN HEREUNDER.
§ 144. FARMLAND PROTECTION WORKING GROUP. 1. THERE IS HEREBY CREATED
IN THE EXECUTIVE DEPARTMENT A FARMLAND PROTECTION WORKING GROUP CONSIST-
ING OF APPROPRIATE STAKEHOLDERS, INCLUDING BUT NOT LIMITED TO:
(A) THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE AND MARKETS;
(B) THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION;
(C) THE EXECUTIVE DIRECTOR OF ORES;
(D) THE CHIEF EXECUTIVE OFFICER OF THE DEPARTMENT OF PUBLIC SERVICE;
(E) THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY;
(F) LOCAL GOVERNMENT OFFICIALS OR REPRESENTATIVES FROM MUNICIPAL
ORGANIZATIONS REPRESENTING TOWNS, VILLAGES, AND COUNTIES; AND
(G) REPRESENTATIVES FROM AT LEAST TWO COUNTY AGRICULTURAL AND FARMLAND
PROTECTION BOARDS.
2. THE WORKING GROUP SHALL, NO LATER THAN ONE YEAR AFTER THE EFFECTIVE
DATE OF THIS SECTION, RECOMMEND STRATEGIES TO ENCOURAGE AND FACILITATE
INPUT FROM MUNICIPALITIES IN THE SITING PROCESS AND TO DEVELOP RECOMMEN-
DATIONS THAT INCLUDE APPROACHES TO RECOGNIZE THE VALUE OF VIABLE AGRI-
CULTURAL LAND AND METHODS TO MINIMIZE ADVERSE IMPACTS TO ANY SUCH LAND
RESULTING FROM THE SITING OF MAJOR RENEWABLE ENERGY FACILITIES.
3. THE WORKING GROUP, ON CALL OF THE COMMISSIONER OF THE DEPARTMENT OF
AGRICULTURE AND MARKETS, SHALL MEET AT LEAST THREE TIMES EACH YEAR AND
AT SUCH OTHER TIMES AS MAY BE NECESSARY.
§ 12. The public service law is amended by adding a new section 174 to
read as follows:
§ 174. MAJOR STEAM ELECTRIC GENERATING FACILITIES CERTIFICATES. ANY
CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY AND PUBLIC NEED ISSUED TO A
MAJOR STEAM ELECTRIC GENERATING FACILITY UNDER THE FORMER ARTICLE EIGHT
OF THIS CHAPTER SHALL BE TREATED FOR PURPOSES OF COMPLIANCE AND ENFORCE-
MENT AS IF SUCH CERTIFICATE WAS ISSUED UNDER ARTICLE TEN OF THIS CHAP-
TER.
S. 8308--A 79 A. 8808--A
§ 13. Subdivision (B) of section 206 of the eminent domain procedure
law is amended to read as follows:
(B) pursuant to article VII [or article VIII] of the public service
law it obtained a certificate of environmental compatibility and public
need OR PURSUANT TO ARTICLE VIII OF THE PUBLIC SERVICE LAW IT OBTAINED A
SITING PERMIT WITH RESPECT TO A MAJOR ELECTRIC TRANSMISSION FACILITY or;
§ 14. Subparagraph (g) of paragraph 3 of subdivision (B) of section
402 of the eminent domain procedure law is amended to read as follows:
(g) if the property is to be used for the construction of a major
utility transmission facility, as defined in section one hundred twenty
of the public service law[, or major steam electric generating facility
as defined in section one hundred forty of such law] with respect to
which a certificate of environmental compatibility and public need has
been issued under such law, a statement that such certificate relating
to such property has been issued and is in force, OR IF THE PROPERTY IS
TO BE USED FOR THE CONSTRUCTION OF A MAJOR ELECTRIC TRANSMISSION FACIL-
ITY, AS DEFINED UNDER ARTICLE EIGHT OF THE PUBLIC SERVICE LAW, WITH
RESPECT TO WHICH A SITING PERMIT HAS BEEN ISSUED UNDER SUCH LAW, A
STATEMENT THAT SUCH PERMIT RELATING TO SUCH PROPERTY HAS BEEN ISSUED AND
IS IN FORCE.
§ 15. Subdivision 7 of section 6-106 of the energy law, as added by
chapter 433 of the laws of 2009, is amended to read as follows:
7. Any person who participated in the state energy planning proceeding
or any person who sought an amendment of the state energy plan pursuant
to subdivision six of this section, may obtain, pursuant to article
seventy-eight of the civil practice law and rules, judicial review of
the board's decision adopting a plan, or any amendment thereto, or of
the board's decision not to amend such plan pursuant to subdivision six
of this section. Any such special proceeding shall be brought in the
appellate division of the supreme court of the state of New York for the
third judicial department. Such proceeding shall be initiated by the
filing of a petition in such court within thirty days after the issuance
of a decision by the board. The proceeding shall have a lawful prefer-
ence over any other matter, shall be heard on an expedited basis and
shall be completed in all respects, including any subsequent appeal,
within one hundred eighty days of the filing of the petition. Where more
than one such petition is filed, the court may provide for consolidation
of the proceedings. Notwithstanding the provisions of [article] ARTICLES
seven AND EIGHT of the public service law, the procedure set forth in
this section shall constitute the exclusive means for seeking judicial
review of any element of the plan.
§ 16. Paragraph (b) of subdivision 5 of section 8-0111 of the environ-
mental conservation law, as amended by section 1 of part BBB of chapter
55 of the laws of 2021, is amended to read as follows:
(b) Actions subject to the provisions requiring a certificate of envi-
ronmental compatibility and public need in articles seven[,] AND ten
[and the former article eight] of the public service law or requiring a
siting permit under [section ninety-four-c of the executive law] ARTICLE
EIGHT OF THE PUBLIC SERVICE LAW; or
§ 17. Paragraph (d) of subdivision 2 of section 49-0307 of the envi-
ronmental conservation law, as added by chapter 292 of the laws of 1984,
is amended to read as follows:
(d) where land subject to a conservation easement or an interest in
such land is required for a major utility transmission facility which
has received a certificate of environmental compatibility and public
need pursuant to article seven of the public service law [or is required
S. 8308--A 80 A. 8808--A
for a major steam electric generating facility which has received a
certificate of environmental compatibility and public need pursuant to
article eight of the public service law] OR A MAJOR ELECTRIC TRANS-
MISSION FACILITY WHICH HAS RECEIVED A SITING PERMIT PURSUANT TO ARTICLE
EIGHT OF THE PUBLIC SERVICE LAW, upon the filing of such certificate OR
PERMIT in a manner prescribed for recording a conveyance of real proper-
ty pursuant to section two hundred ninety-one of the real property law
or any other applicable provision of law.
§ 18. Paragraph (e) of subdivision 3 of section 49-0307 of the envi-
ronmental conservation law, as amended by chapter 388 of the laws of
2011, is amended to read as follows:
(e) where land subject to a conservation easement or an interest in
such land is required for a major utility transmission facility which
has received a certificate of environmental compatibility and public
need pursuant to article seven of the public service law [or is required
for a major steam electric generating facility which has received a
certificate of environmental compatibility and public need pursuant to
the former article eight of the public service law], A MAJOR ELECTRIC
TRANSMISSION FACILITY WHICH HAS RECEIVED A SITING PERMIT PURSUANT TO
ARTICLE EIGHT OF THE PUBLIC SERVICE LAW, or a major electric generating
facility or repowering project which has received a certificate of envi-
ronmental compatibility and public need pursuant to article ten of the
public service law, upon the filing of such certificate OR PERMIT in a
manner prescribed for recording a conveyance of real property pursuant
to section two hundred ninety-one of the real property law or any other
applicable provision of law, provided that such certificate OR PERMIT
contains a finding that the public interest in the conservation and
protection of the natural resources, open spaces and scenic beauty of
the Adirondack or Catskill parks has been considered.
§ 19. Paragraph (p) of subdivision 27-a of section 1005 of the public
authorities law, as added by section 1 of part QQ of chapter 56 of the
laws of 2023, is amended to read as follows:
(p) Nothing in this subdivision or subdivision twenty-seven-b of this
section, shall be construed as exempting the authority, its subsid-
iaries, or any renewable energy generating projects undertaken pursuant
to this section from the requirements of [section ninety-four-c of the
executive law] ARTICLE EIGHT OF THE PUBLIC SERVICE LAW respecting any
renewable energy system developed by the authority or an authority
subsidiary after the effective date of this subdivision that meets the
definition of "major renewable energy facility" as defined in [section
ninety-four-c of the executive law and section eight of part JJJ of
chapter fifty-eight of the laws of two thousand twenty] ARTICLE EIGHT OF
THE PUBLIC SERVICE LAW, as it relates to host community benefits, and
section 11-0535-c of the environmental conservation law as it relates to
an endangered and threatened species mitigation bank fund.
§ 20. Section 1014 of the public authorities law, as amended by chap-
ter 388 of the laws of 2011, is amended to read as follows:
§ 1014. Public service law not applicable to authority; inconsistent
provisions in other acts superseded. The rates, services and practices
relating to the generation, transmission, distribution and sale by the
authority, of power to be generated from the projects authorized by this
title shall not be subject to the provisions of the public service law
nor to regulation by, nor the jurisdiction of the department of public
service. Except to the extent article seven of the public service law
applies to the siting and operation of a major utility transmission
facility as defined therein, ARTICLE EIGHT OF THE PUBLIC SERVICE LAW
S. 8308--A 81 A. 8808--A
APPLIES TO THE SITING AND OPERATION OF A MAJOR ELECTRIC TRANSMISSION
FACILITY AS DEFINED THEREIN, and article ten of the public service law
applies to the siting of a major electric generating facility as defined
therein, and except to the extent section eighteen-a of the public
service law provides for assessment of the authority for certain costs
relating thereto, the provisions of the public service law and of the
environmental conservation law and every other law relating to the
department of public service or the public service commission or to the
environmental conservation department or to the functions, powers or
duties assigned to the division of water power and control by chapter
six hundred nineteen of the laws of nineteen hundred twenty-six, shall
so far as is necessary to make this title effective in accordance with
its terms and purposes be deemed to be superseded, and wherever any
provision of law shall be found in conflict with the provisions of this
title or inconsistent with the purposes thereof, it shall be deemed to
be superseded, modified or repealed as the case may require.
§ 21. Subdivision 1 of section 1020-s of the public authorities law,
as amended by chapter 681 of the laws of 2021, is amended to read as
follows:
1. The rates, services and practices relating to the electricity
generated by facilities owned or operated by the authority shall not be
subject to the provisions of the public service law or to regulation by,
or the jurisdiction of, the public service commission, except to the
extent (a) article seven of the public service law applies to the siting
and operation of a major utility transmission facility as defined there-
in, (b) ARTICLE EIGHT OF THE PUBLIC SERVICE LAW APPLIES TO THE SITING
AND OPERATION OF A MAJOR ELECTRIC TRANSMISSION FACILITY AS DEFINED THER-
EIN, (C) article ten of such law applies to the siting of a generating
facility as defined therein, [(c)] (D) section eighteen-a of such law
provides for assessment for certain costs, property or operations, [(d)]
(E) to the extent that the department of public service reviews and
makes recommendations with respect to the operations and provision of
services of, and rates and budgets established by, the authority pursu-
ant to section three-b of such law, [(e)] (F) that section seventy-four
of the public service law applies to qualified energy storage systems
within the authority's jurisdiction, and [(f)] (G) that section seven-
ty-four-b of the public service law applies to Long Island community
choice aggregation programs.
§ 22. Paragraph (b) of subdivision 1 of section 1020-ii of the public
authorities law, as amended by chapter 201 of the laws of 2019, is
amended to read as follows:
(b) "utility transmission facility" means any electric transmission
line operating at sixty-five kilovolts or higher in the service area,
including associated equipment. It shall not include any transmission
line which is an in-kind replacement or which is located wholly under-
ground. This section also shall not apply to any major [utility] ELEC-
TRIC transmission facility subject to the jurisdiction of article seven
of the public service law; and
§ 23. Paragraph c of subdivision 8 of section 1020-c of the public
authorities law, as amended by chapter 388 of the laws of 2011, is
amended to read as follows:
c. Article [seven] EIGHT of the public service law shall apply to the
authority's siting and operation of a major ELECTRIC transmission facil-
ity as therein defined and article ten of the public service law shall
apply to the authority's siting and operation of a major electric gener-
ating facility as therein defined.
S. 8308--A 82 A. 8808--A
§ 24. Subdivision 4 of section 18-a of the public service law, as
amended by chapter 447 of the laws of 1972, is amended to read as
follows:
4. In the case of the power authority of the state of New York, the
[chairman] CHAIRPERSON of the department shall ascertain from time to
time, but not less than once in each fiscal year, all direct and indi-
rect costs of investigating requests by the power authority of the state
of New York to establish new, major [utility] ELECTRIC transmission
facilities [as defined in article seven of this chapter] AND MAJOR
RENEWABLE ENERGY FACILITIES or to establish new, major [steam] electric
generating facilities [as defined in article eight of this chapter]. The
[chairman] CHAIRPERSON shall for each such investigation assess such
costs against the power authority of the state of New York. Bills for
such an investigation may be rendered from time to time, but not less
than once in each fiscal year, and the amount of such bills shall be
paid by the power authority of the state of New York to the department
within thirty days from the date of rendition.
§ 25. Subdivision 2 of section 160 of the public service law, as added
by chapter 388 of the laws of 2011, is amended to read as follows:
2. "Major electric generating facility" means an electric generating
facility with a nameplate generating capacity of twenty-five thousand
kilowatts or more, including interconnection electric transmission lines
THAT ARE NOT SUBJECT TO REVIEW UNDER ARTICLE EIGHT OF THIS CHAPTER and
fuel gas transmission lines that are not subject to review under article
seven of this chapter.
§ 26. Paragraph (e) of subdivision 4 of section 162 of the public
service law, as added by section 3 of part JJJ of chapter 58 of the laws
of 2020, is amended to read as follows:
(e) To a major renewable energy facility as such term is defined in
[section ninety-four-c of the executive law] SECTION EIGHT OF THIS CHAP-
TER; provided, however, that any person intending to construct a major
renewable energy facility, that has a draft pre-application public
involvement program plan pursuant to section one hundred sixty-three of
this article and the regulations implementing this article, which is
pending with the siting board as of the effective date of this paragraph
may remain subject to the provisions of this article or, may, by written
notice to the secretary of the commission, elect to become subject to
the provisions of [section ninety-four-c of the executive law] ARTICLE
EIGHT OF THIS CHAPTER.
§ 27. Subdivision 3 of section 11-103 of the energy law, as amended by
chapter 374 of the laws of 2022, is amended to read as follows:
3. Notwithstanding any other provision of law, the state fire
prevention and building code council in accordance with the mandate
under this article shall have exclusive authority among state agencies
to promulgate a construction code incorporating energy conservation
features and clean energy features applicable to the construction of any
building, including but not limited to greenhouse gas reduction. Any
other code, rule or regulation heretofore promulgated or enacted by any
other state agency, incorporating specific energy conservation and clean
energy requirements applicable to the construction of any building,
shall be superseded by the code promulgated pursuant to this section.
Notwithstanding the foregoing, nothing in this section shall be deemed
to expand the powers of the council to include matters that are exclu-
sively within the statutory jurisdiction of the public service commis-
sion, the department of environmental conservation, [the office of
renewable energy siting] or another state entity.
S. 8308--A 83 A. 8808--A
§ 28. Paragraph (d) of subdivision 27-a of section 1005 of the public
authorities law, as added by section 1 of part QQ of chapter 56 of the
laws of 2023, is amended to read as follows:
(d) No later than one hundred eighty days after the effective date of
this subdivision, and annually thereafter, the authority shall confer
with the New York state energy research and development authority, [the
office of renewable energy siting,] the department of public service,
climate and resiliency experts, labor organizations, and environmental
justice and community organizations concerning the state's progress on
meeting the renewable energy goals established by the climate leadership
and community protection act. When exercising the authority provided for
in paragraph (a) of this subdivision, the information developed through
such conferral shall be used to identify projects to help ensure that
the state meets its goals under the climate leadership and community
protection act. Any conferral provided for in this paragraph shall
include consideration of the timing of projects in the interconnection
queue of the federally designated electric bulk system operator for New
York state, taking into account both capacity factors or planned
projects and the interconnection queue's historical completion rate. A
report on the information developed through such conferral shall be
published and made accessible on the website of the authority.
§ 29. Subparagraph (i) of paragraph (e) of subdivision 27-a of section
1005 of the public authorities law, as added by section 1 of part QQ of
chapter 56 of the laws of 2023, is amended to read as follows:
(i) Beginning in two thousand twenty-five, and biennially thereafter
until two thousand thirty-three, the authority, in consultation with the
New York state energy research and development authority, [the office of
renewable energy siting,] the department of public service, and the
federally designated electric bulk system operator for New York state,
shall develop and publish biennially a renewable energy generation stra-
tegic plan ("strategic plan") that identifies the renewable energy
generating priorities based on the provisions of paragraph (a) of this
subdivision for the two-year period covered by the plan as further
provided for in this paragraph.
§ 30. Subdivision l of section 7208 of the education law, as amended
by section 15 of part A of chapter 173 of the laws of 2013, is amended
to read as follows:
l. The practice of engineering or land surveying, or using the title
"engineer" or "surveyor" (i) exclusively as an officer or employee of a
public service corporation by rendering to such corporation such
services in connection with its lines and property which are subject to
supervision with respect to the safety and security thereof by the
public service commission of this state, the interstate commerce commis-
sion or other federal regulatory body and so long as such person is thus
actually and exclusively employed and no longer[, or]; (ii) exclusively
as an officer or employee of the Long Island power authority or its
service provider, as defined under section three-b of the public service
law, by rendering to such authority or provider such services in
connection with its lines and property which are located in such author-
ity's service area and so long as such person is thus actually and
exclusively employed and no longer; OR (III) EXCLUSIVELY AS AN OFFICER
OR EMPLOYEE OF THE DEPARTMENT OF PUBLIC SERVICE BY RENDERING TO SUCH
DEPARTMENT SUCH SERVICES IN CONNECTION WITH REVIEWING THE DESIGN,
CONSTRUCTION AND OPERATION OF UTILITY INFRASTRUCTURE AND SO LONG AS SUCH
PERSON IS THUS ACTUALLY AND EXCLUSIVELY EMPLOYED AND NO LONGER;
S. 8308--A 84 A. 8808--A
§ 31. The public service commission shall commence a proceeding within
ninety days of the effective date of this act to consider metrics
related to the timely interconnection of distributed generation
resources into the distribution system owned by an electric corporation,
as well as negative revenue adjustments related to such metrics.
§ 32. This act shall take effect immediately; provided that the amend-
ments to paragraph (e) of subdivision 4 of section 162 of the public
service law made by section twenty-six of this act shall not affect the
repeal of such paragraph and shall be deemed repealed therewith.
PART P
Section 1. Short title. This act shall be known and may be cited as
the "affordable gas transition act".
§ 2. Legislative findings. The legislature finds and declares that:
1. The public service law (the "PSL") establishes the public service
commission ("commission") and department of public service ("depart-
ment") and charges them to ensure that New York residents have safe and
reliable access to energy at rates that are just and reasonable. These
bedrock principles have persisted and guided commission decisions even
as policy priorities and the technologies relied upon by regulated util-
ities and their customers have changed.
2. The climate leadership and community protection act (the "CLCPA")
requires significant greenhouse gas emission reductions from all sectors
of New York's economy and directs state agencies and authorities to
prioritize equity for the communities and workers most directly affected
as they pursue those reductions.
3. Buildings account for approximately one-third of the greenhouse gas
emissions in New York state and produce local air pollution, with
significant adverse health impacts. Reducing the greenhouse gas emis-
sions and local air pollution emitted from New York's buildings, espe-
cially in disadvantaged communities, is necessary to comply with the
CLCPA.
4. Consumers' growing adoption of new electric technologies for space
heating, water heating, cooking, and other functions will increasingly
require responsive changes on the part of electric and gas corporations.
The trend toward electrification is expected to eventually pose a funda-
mental challenge to gas corporations' longstanding business model and,
in particular, make it difficult for gas corporations to recover the
full costs of their extensive infrastructure networks from consumers.
5. To enable the commission to plan effectively for a changing legal
and technological landscape, New York must update how it regulates the
service provided by gas corporations. Appropriate statutory updates will
enable alignment between energy infrastructure investments, changing
technological options and consumer preferences, and the two thousand
thirty and two thousand fifty greenhouse gas emission reduction mandates
in article seventy-five of the environmental conservation law. Without
such updates, it will become increasingly difficult to ensure all New
Yorkers have access to the energy they need for heating, cooling, and
powering the buildings in which they live and work at just and reason-
able rates.
6. The New York State public service law requires utilities to expand
natural gas infrastructure in response to requests from consumers, even
when the foreseeable costs of such expansion promise to become unmanage-
able, and alternatives would be more cost-effective. In this way, the
public service law constrains the commission and department from ensur-
S. 8308--A 85 A. 8808--A
ing that utilities respond appropriately to a changing marketplace and
the CLCPA's emission reduction requirements.
a. Statutorily mandated utility system extension allowances shift the
significant costs of new customer hookups to existing customers, creat-
ing strong incentives to expand reliance on natural gas and the infras-
tructure that delivers it while obscuring the costs of such expansion to
all stakeholders.
b. Citing their obligation under the public service law, gas corpo-
rations in New York continue investing in the expansion of gas infras-
tructure despite the risk of that infrastructure becoming a stranded
asset. These investments are made at the expense of alternative
solutions available to utility customers today.
c. Gas corporations' obligation to serve, codified in the public
service law, is a major obstacle to development of neighborhood-scale
building decarbonization projects that would help align energy system
investments with the two thousand thirty and two thousand fifty green-
house gas emission reduction mandates in article seventy-five of the
environmental conservation law in a manner that mitigates costs for all
utility customers and ensures a just transition for impacted workers.
7. Now that multiple liquified natural gas export terminals have inte-
grated domestic sources of natural gas into the international market,
New Yorkers that rely on natural gas may face generally higher fuel
prices and greater price volatility. Decarbonizing buildings, investing
in energy efficiency, and developing renewable sources of electricity
will all yield greater energy security and savings for New York energy
consumers.
8. Thus, it is the intent of the legislature to enact the affordable
gas transition act for the following purposes:
a. to ensure that regulation and oversight of gas utilities pursuant
to the public service law will provide for the timely and strategic
management of the gas system in light of changing technologies and
consumer preferences, greenhouse gas emission reduction requirements,
the need to keep energy affordable for all consumers, and the need to
ensure a just transition for affected communities and workers;
b. to provide the commission with statutory authority and direction to
align its regulations and gas and electric corporations' planning
efforts with ongoing changes in technology and consumer preferences as
well as the CLCPA's requirements;
c. to end statutorily mandated incentives for the expansion of fossil
fuel infrastructure while maintaining the equitable provision of elec-
tric service for efficient heating, cooling, cooking, hot water, and
other uses;
d. to address barriers to the provision of affordable access to elec-
tricity for heating and cooling for low-income and moderate-income
consumers; and
e. to clarify that municipal building codes regulating on-site emis-
sions are not preempted under New York state law.
9. This legislation does not establish a ban on the use of gas. It is
neither the intent nor would it be the effect of this legislation to
require the immediate transition of any existing gas customer to alter-
native heating and cooling services.
§ 3. Subdivision 1 of section 4 of the public service law, as amended
by chapter 594 of the laws of 2021, is amended to read as follows:
1. There shall be in the department of public service a public service
commission, which shall possess the powers and duties hereinafter speci-
fied, and also all powers necessary or proper to enable it to carry out
S. 8308--A 86 A. 8808--A
the purposes of this chapter AND TO ENABLE ACHIEVEMENT OF THE CLIMATE
JUSTICE AND EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE OF THE
ENVIRONMENTAL CONSERVATION LAW. The commission shall consist of five
members, to be appointed by the governor, by and with the advice and
consent of the senate. A commissioner shall be designated as [chairman]
CHAIRPERSON of the commission by the governor to serve in such capacity
at the pleasure of the governor or until [his] THEIR term as commission-
er expires whichever first occurs. At least one commissioner shall have
experience in utility consumer advocacy. No more than three commission-
ers may be members of the same political party unless, pursuant to
action taken under subdivision two of this section, the number of
commissioners shall exceed five, and in such event no more than four
commissioners may be members of the same political party.
§ 4. Paragraph b of subdivision 1 and subdivision 2 of section 5 of
the public service law, paragraph b of subdivision 1 as amended and
subdivision 2 as added by chapter 155 of the laws of 1970, are amended
to read as follows:
b. To the manufacture, conveying, transportation, sale or distribution
of gas (natural or manufactured or mixture of both) and electricity for
light, heat, COOLING, or power, to gas plants and to electric plants and
to the persons or corporations owning, leasing or operating the same.
2. The commission shall encourage all persons and corporations subject
to its jurisdiction to formulate and carry out long-range programs,
individually or cooperatively, for the performance of their public
service responsibilities, INCLUDING THE ACHIEVEMENT OF THE CLIMATE
JUSTICE AND EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE OF THE
ENVIRONMENTAL CONSERVATION LAW, with economy, efficiency, and care for
the public safety, the preservation of environmental values and the
conservation of natural resources.
§ 5. Section 30 of the public service law, as amended by chapter 686
of the laws of 2002, is amended to read as follows:
§ 30. Residential gas, electric and steam service policy. 1. This
article shall apply to the provision of all or any part of the gas,
electric or steam service provided to any residential customer by any
gas, electric or steam and municipalities corporation or municipality.
It is hereby declared to be the policy of this state that the continued
provision of [all or any part of such gas,] electric and steam service
to all residential customers without unreasonable qualifications or
lengthy delays is necessary for the preservation of the health and
general welfare, IS CONSISTENT WITH THE ACHIEVEMENT OF THE STATE'S
CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE
OF THE ENVIRONMENTAL CONSERVATION LAW, and is in the public interest.
IT IS FURTHER THE POLICY OF THIS STATE THAT GAS SERVICE FOR EXISTING
RESIDENTIAL CUSTOMERS MUST BE PROVIDED IN A MANNER THAT IS SAFE AND
ADEQUATE, NOT UNJUSTLY DISCRIMINATORY OR UNDULY PREFERENTIAL, AND IN ALL
RESPECTS JUST AND REASONABLE, WHILE PROVIDING FOR AN ORDERLY GAS SYSTEM
TRANSITION TO ACHIEVE CONSISTENCY WITH THE CLIMATE JUSTICE AND EMISSION
REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSER-
VATION LAW, PRIORITIZING LOW-TO-MODERATE INCOME CUSTOMERS AND DISADVAN-
TAGED COMMUNITIES AS DEFINED IN ARTICLE SEVENTY-FIVE OF THE ENVIRON-
MENTAL CONSERVATION LAW, AND ENCOURAGING NEIGHBORHOOD-SCALE TRANSITIONS.
2. THE COMMISSION SHALL REGULATE FOR THE CONTINUED PROVISION OF GAS
SERVICE TO ALL EXISTING RESIDENTIAL CUSTOMERS WHO CHOOSE TO CONTINUE
SERVICE, UNLESS SUCH SERVICE IS DISCONTINUED PURSUANT TO A PROGRAM
APPROVED BY THE COMMISSION. THE COMMISSION SHALL ONLY APPROVE PROGRAMS
THAT ENSURE AFFECTED CUSTOMERS RETAIN CONTINUOUS ACCESS TO SAFE, RELI-
S. 8308--A 87 A. 8808--A
ABLE, AND AFFORDABLE ENERGY SERVICES AND CAN SECURE ADEQUATE SUBSTITUTES
FOR GAS-FIRED SPACE HEATING, WATER HEATING, AND COOKING APPLIANCES PRIOR
TO THE DISCONTINUANCE OF GAS SERVICE.
§ 6. Subdivisions 1, 3 and 4 of section 31 of the public service law,
as added by chapter 713 of the laws of 1981, are amended and a new
subdivision 4-a is added to read as follows:
1. Every gas corporation, electric corporation or municipality shall
provide residential service upon the oral or written request of an
applicant, provided that ANY RESIDENTIAL GAS SERVICE SHALL ONLY BE
PROVIDED IN ACCORDANCE WITH SECTION THIRTY OF THIS ARTICLE, AND PROVIDED
FURTHER THAT the commission may require that requests for service be in
writing under circumstances as it deems necessary and proper as set
forth by regulation, and provided further that the applicant:
(a) makes full payment for residential utility service provided to a
prior account in [his] THE APPLICANT'S name; or
(b) agrees to make payments under a deferred payment plan of any
amounts due for service to a prior account in [his] THE APPLICANT'S name
and makes a down payment based on criteria to be established by the
commission. No such down payment shall exceed one-half of any money due
from an applicant for residential utility service, or three months aver-
age billing, whichever is less; or
(c) is a recipient of public assistance, supplemental security income
or additional state payments pursuant to the social services law, or is
an applicant for such assistance, income or payments, and the utility
corporation or the municipality receives payment from, or is notified of
the applicant's eligibility for utility payments by the social services
official of the social services district in which such person resides
for amounts due for service to a prior account in the applicant's name,
together with guarantee of future payments to the extent authorized by
the social services law; AND
(D) RECEIVES CLEAR, TIMELY INFORMATION FROM THE GAS CORPORATION, ELEC-
TRIC CORPORATION, OR MUNICIPALITY, WRITTEN IN PLAIN LANGUAGE ON INCEN-
TIVES AND OPPORTUNITIES FOR INSTALLING ENERGY-EFFICIENT ELECTRIC HEATING
AND COOLING TECHNOLOGIES, WEATHERIZATION, DEMAND-SIDE MANAGEMENT, AND
DISTRIBUTED ENERGY RESOURCE PROGRAMS.
(E) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT EXIST-
ING GAS CUSTOMERS, IN ACCORDANCE WITH SECTION THIRTY OF THIS ARTICLE AND
SUBJECT TO ANY OTHER REGULATIONS IMPLEMENTED BY THE COMMISSION, FROM
RECONNECTING TO THE GAS CORPORATION'S SYSTEM FOLLOWING A GAS INTER-
RUPTION DUE TO EMERGENCY REPAIRS OR REMEDIATION OF LEAKING EQUIPMENT.
3. Subject to the requirements of subdivisions four, FOUR-A, and five
of this section, AND IN ACCORDANCE WITH SECTION THIRTY OF THIS ARTICLE,
whenever a residential customer moves to a new residence within the
service territory of the same utility corporation or municipality, [he]
THE APPLICANT shall be eligible to receive service at the new residence
and such service shall be considered a continuation of service [in all
respects], with any deferred payment agreement honored, and with all
rights of such customer and such utility corporation provided by this
article unimpaired.
4. In the case of any application for service to a building which is
not supplied with electricity [or gas], a utility corporation or munici-
pality shall be obligated to provide ELECTRIC service to such a build-
ing, provided however, that the commission may require applicants for
service to buildings located in excess of one hundred feet from [gas or]
electric transmission lines to pay or agree in writing to pay material
S. 8308--A 88 A. 8808--A
and installation costs relating to the applicant's proportion of the
[pipe,] conduit, duct or wire, or other facilities to be installed.
4-A. IN THE CASE OF ANY APPLICATION FOR GAS SERVICE TO A BUILDING
WHICH IS NOT SUPPLIED WITH GAS, A UTILITY CORPORATION OR MUNICIPALITY
SHALL PROVIDE GAS SERVICE TO SUCH A BUILDING AS AUTHORIZED BY THE
COMMISSION, PROVIDED HOWEVER, THAT THE COMMISSION MAY REQUIRE APPLICANTS
FOR GAS SERVICE TO BUILDINGS TO PAY OR AGREE IN WRITING TO PAY MATERIAL
AND INSTALLATION COSTS RELATING TO ALL OR A PORTION OF THE PIPE OR OTHER
FACILITIES TO BE INSTALLED TO ENABLE SERVICE TO THE APPLICANT.
§ 7. Section 12 of the transportation corporations law, as separately
amended by chapters 713 and 895 of the laws of 1981, is amended to read
as follows:
§ 12. [Gas and electricity] ELECTRICITY must be supplied on applica-
tion. Except in the case of an application for residential utility
service pursuant to article two of the public service law, upon written
application of the owner or occupant of any building within one hundred
feet of any [main of a gas corporation or gas and electric corporation,
or a] line of an electric corporation or gas and electric corporation,
appropriate to the service requested, and payment by [him] THE APPLICANT
of all money due from [him] THE APPLICANT to the corporation, it shall
supply [gas or] electricity as may be required for [lighting] such
building, notwithstanding there be rent or compensation in arrears for
gas or electricity supplied, or for meter, wire, pipe or fittings
furnished, to a former occupant thereof, unless such owner or occupant
shall have undertaken or agreed with the former occupant to pay or to
exonerate [him] THEM from the payment of such arrears, and shall refuse
or neglect to pay the same; and if for the space of ten days after such
application, and the deposit of a reasonable sum [as provided in the
next section], if required, the corporation shall refuse or neglect to
supply [gas or electric light] ELECTRICITY as required, such corporation
shall forfeit and pay to the applicant the sum of ten dollars, and the
further sum of five dollars for every day thereafter during which such
refusal or neglect shall continue; provided that no such corporation
shall be required to lay service [pipes or] wires for the purpose of
supplying [gas or electric light] ELECTRICITY to any applicant where the
ground in which such [pipe or] wire is required to be laid shall be
frozen, or shall otherwise present serious obstacles to laying the same;
nor unless the applicant, if required, shall deposit in advance with the
corporation a sum of money sufficient to pay the cost of [his propor-
tion] THE APPLICANT'S PORTION of the [pipe,] conduit, duct or wire
required to be installed, and the expense of the installation of such
portion.
§ 8. The transportation corporations law is amended by adding a new
section 13 to read as follows:
§ 13. GAS MUST BE SUPPLIED IN ACCORDANCE WITH PUBLIC SERVICE COMMIS-
SION RULES AND REGULATIONS. EXCEPT IN THE CASE OF AN APPLICATION FOR
RESIDENTIAL UTILITY SERVICE PURSUANT TO ARTICLE TWO OF THE PUBLIC
SERVICE LAW, UPON WRITTEN APPLICATION OF THE OWNER OR OCCUPANT OF ANY
BUILDING WITHIN ONE HUNDRED FEET OF ANY MAIN OF A GAS CORPORATION OR GAS
AND ELECTRIC CORPORATION APPROPRIATE TO THE SERVICE REQUESTED, AND
PAYMENT BY THE APPLICANT OF ALL MONEY DUE FROM THE APPLICANT TO THE
CORPORATION, IT SHALL SUPPLY GAS FOR SUCH BUILDING AS AUTHORIZED BY THE
COMMISSION, NOTWITHSTANDING THERE BE RENT OR COMPENSATION IN ARREARS FOR
GAS SUPPLIED, OR FOR METER, PIPE OR FITTINGS FURNISHED, TO A FORMER
OCCUPANT THEREOF, UNLESS SUCH OWNER OR OCCUPANT SHALL HAVE UNDERTAKEN OR
AGREED WITH THE FORMER OCCUPANT TO PAY OR TO EXONERATE THEM FROM THE
S. 8308--A 89 A. 8808--A
PAYMENT OF SUCH ARREARS, AND SHALL REFUSE OR NEGLECT TO PAY THE SAME;
AND IF FOR THE SPACE OF TEN DAYS AFTER SUCH APPLICATION, AND THE DEPOSIT
OF A REASONABLE SUM, IF REQUIRED, THE CORPORATION SHALL REFUSE OR
NEGLECT TO SUPPLY GAS AS REQUIRED PURSUANT TO PUBLIC SERVICE COMMISSION
RULES AND REGULATIONS, SUCH CORPORATION SHALL FORFEIT AND PAY TO THE
APPLICANT THE SUM OF TEN DOLLARS, AND THE FURTHER SUM OF FIVE DOLLARS
FOR EVERY DAY THEREAFTER DURING WHICH SUCH REFUSAL OR NEGLECT SHALL
CONTINUE; PROVIDED THAT NO SUCH CORPORATION SHALL BE REQUIRED TO LAY
SERVICE PIPES FOR THE PURPOSE OF SUPPLYING GAS TO ANY APPLICANT WHERE
THE GROUND IN WHICH SUCH PIPE IS REQUIRED TO BE LAID SHALL BE FROZEN, OR
SHALL OTHERWISE PRESENT SERIOUS OBSTACLES TO LAYING THE SAME; NOR UNLESS
THE APPLICANT, IF REQUIRED, SHALL DEPOSIT IN ADVANCE WITH THE CORPO-
RATION A SUM OF MONEY SUFFICIENT TO PAY THE MATERIAL AND INSTALLATION
COSTS RELATING TO ALL OR A PORTION OF THE PIPE OR OTHER FACILITIES TO BE
INSTALLED TO ENABLE SERVICE TO THE APPLICANT.
§ 9. Subdivision 2 of section 66 of the public service law, as amended
by chapter 877 of the laws of 1953, is amended and two new subdivisions
2-b and 12-e are added to read as follows:
2. Investigate and ascertain, from time to time, the quality of gas
supplied by persons, corporations and municipalities; examine or inves-
tigate the methods employed by such persons, corporations and munici-
palities in manufacturing, distributing and supplying gas or electricity
for light, heat, COOLING, or power and in transmitting the same, and
have power to order such reasonable improvements as will best promote
the public interest, preserve the public health and protect those using
such gas or electricity and those employed in the manufacture and
distribution thereof, and have power to order reasonable improvements
and extensions of the works, wires, poles, lines, conduits, ducts and
other reasonable devices, apparatus and property of gas corporations,
electric corporations and municipalities; and have power after an inves-
tigation and a hearing to order any corporation having authority under
any general or special law or under any charter or franchise, to lay
down, erect or maintain wires, pipes, conduits, ducts or other fixtures
in, over or under the streets, highways and public places of any munici-
pality for the purpose of supplying, selling or distributing natural
gas, to augment its supply of natural gas, whenever the commission deems
necessary and whenever artificial gas can be reasonably obtained, by
acquiring by purchase, manufacture or otherwise a supply thereof to be
mixed with such natural gas, in order to render adequate service to the
customers of such corporation or to maintain a proper and uniform pres-
sure; and have power after an investigation and a hearing to order any
corporation having authority under any general or special law or under
any charter or franchise, to lay down, erect or maintain wires, pipes,
conduits, ducts or other fixtures in, over or under the streets, high-
ways and public places of any municipality for the purpose of supplying,
selling or distributing artificial gas, to augment its supply of artifi-
cial gas, whenever the commission deems necessary and whenever natural
gas can be reasonably obtained, by acquiring by purchase or otherwise a
supply thereof to be mixed with such artificial gas, in order to render
adequate service to the customers of such corporation or to maintain a
proper and uniform pressure; and to fix such rate for the supplying of
mixed gas as shall secure to such corporation a fair return; and may
order the curtailment or discontinuance of the use of natural gas for
manufacturing or industrial purposes, for periods aggregating not to
exceed four months in any calendar year, if it is established to the
satisfaction of the commission that the supply of natural gas is not
S. 8308--A 90 A. 8808--A
adequate to meet the reasonable demands of domestic consumption [and may
prohibit the use of natural gas in wasteful devices and practices].
2-B. HAVE POWER TO PROHIBIT THE USE OF NATURAL GAS IN WASTEFUL DEVICES
AND PRACTICES, AND TO ORDER THE CURTAILMENT OR DISCONTINUANCE OF THE USE
OF ALL OR PORTIONS OF THE WORKS, PIPES, AND OTHER GAS PLANT OF A GAS
CORPORATION, WHERE THE COMMISSION HAS DETERMINED THAT SUCH CURTAILMENT
OR DISCONTINUANCE IS REASONABLY REQUIRED TO IMPLEMENT STATE ENERGY POLI-
CY, PROVIDED THAT SUCH CURTAILMENT OR DISCONTINUANCE SHALL BE CONSISTENT
WITH A COMMISSION-APPROVED PROGRAM TO ACHIEVE CONSISTENCY WITH THE
CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE
OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING THE OPPORTUNITY FOR
RECOVERY OF THE GAS CORPORATION'S INVESTMENT IN SUCH SYSTEM AT JUST AND
REASONABLE RATES.
12-E. THE COMMISSION SHALL REVIEW THE CAPITAL CONSTRUCTION PLAN OF
EACH GAS CORPORATION AND ESTABLISH A PROCESS TO EXAMINE FEASIBLE ALTER-
NATIVES TO SUCH CONSTRUCTION IN ORDER TO ALIGN WITH THE CLIMATE JUSTICE
AND EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE OF THE ENVIRON-
MENTAL CONSERVATION LAW. THE COMMISSION MAY REQUIRE PARTICIPATION IN
SUCH PROCESS BY EACH ELECTRIC CORPORATION WITH A SERVICE AREA OVERLAP-
PING THE SERVICE AREA OF THE GAS CORPORATION.
§ 10. Section 66-a of the public service law, as added by chapter 7 of
the laws of 1948, subdivision 1 as amended and subdivision 3 as added by
chapter 582 of the laws of 1975, subdivision 2 as amended by chapter 722
of the laws of 1977, is amended to read as follows:
§ 66-a. Conservation of gas, declaration of policy, delegation of
power. 1. It is hereby declared to be the policy of this state that
when there develops in any area a situation under which a gas corpo-
ration supplying gas to such area is unable to meet the reasonable needs
of its consumers and of persons or corporations applying for new or
additional gas service, the available supply of gas shall be allocated
among the customers of such gas corporation, in such manner as may be
necessary to protect public health and safety and to avoid undue hard-
ship, PARTICULARLY FOR LOW-TO-MODERATE INCOME RESIDENTIAL CUSTOMERS,
ELECTRIC GENERATION NEEDED FOR ELECTRIC SYSTEM RELIABILITY, AND CUSTOM-
ERS WITH HARD-TO-ELECTRIFY INDUSTRIAL AND COMMERCIAL USES, pursuant to
rules and regulations as may be adopted by the commission, and that to
carry out this declared policy the jurisdiction of the public service
commission should be clarified.
2. Notwithstanding the provisions of any statute or any franchise held
by a gas corporation, the commission shall have power, upon the finding
that CONTINUED GAS SERVICE IS NOT CONSISTENT WITH THE ACHIEVEMENT OF THE
CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE
OF THE ENVIRONMENTAL CONSERVATION LAW, OR THAT there exists such a shor-
tage of gas in any area in the state, that the gas corporation supplying
such area is unable and will be unable to secure or produce sufficient
gas to meet the reasonable needs of its customers and of persons or
corporations applying for new or additional gas service, to require such
corporation to immediately discontinue the supplying of gas to addi-
tional customers or of supplying additional service to present custom-
ers, for such purpose or purposes as may be designated by the commis-
sion, or to customers using gas for a purpose prohibited by the
commission pursuant to this act, and that upon the finding that the
supply of gas available is and will be insufficient to supply the
demands of all consumers receiving service, to require such gas corpo-
ration to curtail or discontinue service to any or all classes of
customers of such gas corporation. In imposing such a direction or
S. 8308--A 91 A. 8808--A
requirement, the commission shall give consideration first to existing
domestic uses and uses deemed to be necessary by the commission to
protect public health and safety and to avoid undue hardship [and shall
be limited to the period of the emergency provided that the gas corpo-
ration affected shall make such restriction, curtailing or discontin-
uance applicable to all customers or applicants for service in a like
class. If the commission determines that good cause exists for supplying
service to additional customers or for supplying additional service to
some existing customers, notwithstanding the curtailment or discontin-
uance of service to other existing customers, it shall, to the extent
feasible, allocate gas with equal priority to new or additional domestic
uses of gas and commercial or industrial processes which require gas
because there is no practical substitute for it in such proportion as
the commission determines to be reasonable. Provided that the commis-
sion shall be permitted, after public hearing, to authorize any natural
gas produced from lands under the waters of Lake Erie to be used for
process or feedstock requirements]. The commission is authorized to
adopt such rules, regulations and orders as are necessary or appropriate
to carry out these delegated powers.
3. In carrying out the delegated powers provided for in this section,
the commission shall, to the extent practicable, determine and establish
gas conservation measures or standards, INCLUDING ENERGY-EFFICIENT ELEC-
TRIFICATION OF GAS END USES. The commission may require compliance with
such measures or standards as a condition of receiving service.
4. THE COMMISSION SHALL DETERMINE CONDITIONS UNDER WHICH NEW OR ADDI-
TIONAL GAS SERVICE IS WARRANTED NOTWITHSTANDING THE NEED TO CONSERVE
RESOURCES FOR SERVICE TO EXISTING GAS CUSTOMERS. SUCH DETERMINATION
SHALL BE CONSISTENT WITH THE ACHIEVEMENT OF THE CLIMATE JUSTICE AND
EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL
CONSERVATION LAW, AND MAY TAKE INTO ACCOUNT FACTORS INCLUDING ECONOMIC
DEVELOPMENT, IMPACTS ON NEW AND EXISTING CUSTOMERS INCLUDING LOW-TO-MOD-
ERATE INCOME CUSTOMERS, IMPACTS ON SYSTEM SAFETY AND ADEQUACY, EQUITY
TOWARD EXISTING CUSTOMERS WITH LIMITED CONVERSION ALTERNATIVES, AND THE
FEASIBILITY OF NEIGHBORHOOD-SCALE ALTERNATIVES TO USAGE OF FUELS WITH
HIGH LIFE-CYCLE GREENHOUSE GAS EMISSIONS AND ON-SITE CO-POLLUTANT EMIS-
SIONS, INCLUDING THERMAL ENERGY NETWORKS.
§ 11. Section 66-b of the public service law is REPEALED.
§ 12. The public service law is amended by adding a new section 66-w
to read as follows:
§ 66-W. EXPANSION OF GAS PLANT INTO NEW AREAS. EXCEPT AS PROVIDED IN
THIS SECTION, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER,
AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, NO GAS CORPO-
RATION SHALL COMMENCE CONSTRUCTION OF A NEW GAS PLANT THAT WOULD EXPAND
THE AVAILABILITY OF SERVICE INTO GEOGRAPHIC AREAS WHERE GAS SERVICE WAS
NOT AVAILABLE PRIOR TO THAT DATE AS DEFINED BY THE APPLICABLE UTILITY'S
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY APPROVED BY THE COMMIS-
SION. THE COMMISSION MAY AUTHORIZE EXCEPTIONS ON A CASE-BY-CASE BASIS,
PROVIDED THAT THE COMMISSION FINDS THAT SUCH CONSTRUCTION SERVES THE
PUBLIC INTEREST OR ALTERNATIVES TO GAS SERVICE ARE EITHER NOT TECHNICAL-
LY FEASIBLE OR PROHIBITIVELY EXPENSIVE.
§ 13. Severability clause. The provisions of this act shall be severa-
ble and if the application of any clause, sentence, paragraph, subdivi-
sion, section, or part thereof to any person or circumstance shall be
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair, or invalidate the appli-
cation of any such clause, sentence, paragraph, subdivision, section,
S. 8308--A 92 A. 8808--A
part or remainder thereof, as the case may be, to any other person,
circumstance, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
§ 14. This act shall take effect immediately.
PART Q
Section 1. Expenditures of moneys appropriated to the department of
agriculture and markets from the special revenue funds-other/state oper-
ations, miscellaneous special revenue fund-339, public service account
shall be subject to the provisions of this section. Notwithstanding any
other provision of law to the contrary, direct and indirect expenses
relating to the department of agriculture and markets' participation in
general ratemaking proceedings pursuant to section 65 of the public
service law or certification proceedings pursuant to article 7 or 10 of
the public service law, shall be deemed expenses of the department of
public service within the meaning of section 18-a of the public service
law. No later than August 15th annually, the commissioner of the depart-
ment of agriculture and markets shall submit an accounting of such
expenses, including, but not limited to, expenses in the prior state
fiscal year for personal and non-personal services and fringe benefits,
to the chair of the public service commission for the chair's review
pursuant to the provisions of section 18-a of the public service law.
§ 2. Expenditures of moneys appropriated to the department of state
from the special revenue funds-other/state operations, miscellaneous
special revenue fund-339, public service account shall be subject to the
provisions of this section. Notwithstanding any other provision of law
to the contrary, direct and indirect expenses relating to the activities
of the department of state's utility intervention unit pursuant to
subdivision 4 of section 94-a of the executive law, including, but not
limited to participation in general ratemaking proceedings pursuant to
section 65 of the public service law or certification proceedings pursu-
ant to article 7 or 10 of the public service law, and expenses related
to the activities of the major renewable energy development program
established by section 94-c of the executive law, shall be deemed
expenses of the department of public service within the meaning of
section 18-a of the public service law. No later than August 15th annu-
ally, the secretary of state shall submit an accounting of such
expenses, including, but not limited to, expenses in the prior state
fiscal year for personal and non-personal services and fringe benefits,
to the chair of the public service commission for the chair's review
pursuant to the provisions of section 18-a of the public service law.
§ 3. Expenditures of moneys appropriated to the office of parks,
recreation and historic preservation from the special revenue funds-
other/state operations, miscellaneous special revenue fund-339, public
service account shall be subject to the provisions of this section.
Notwithstanding any other provision of law to the contrary, direct and
indirect expenses relating to the office of parks, recreation and
historic preservation's participation in general ratemaking proceedings
pursuant to section 65 of the public service law or certification
proceedings pursuant to article 7 or 10 of the public service law, shall
be deemed expenses of the department of public service within the mean-
ing of section 18-a of the public service law. No later than August 15th
annually, the commissioner of the office of parks, recreation and
S. 8308--A 93 A. 8808--A
historic preservation shall submit an accounting of such expenses,
including, but not limited to, expenses in the prior state fiscal year
for personal and non-personal services and fringe benefits, to the chair
of the public service commission for the chair's review pursuant to the
provisions of section 18-a of the public service law.
§ 4. Expenditures of moneys appropriated to the department of environ-
mental conservation from the special revenue funds-other/state oper-
ations, environmental conservation special revenue fund-301, utility
environmental regulation account shall be subject to the provisions of
this section. Notwithstanding any other provision of law to the contra-
ry, direct and indirect expenses relating to the department of environ-
mental conservation's participation in state energy policy proceedings,
or certification proceedings pursuant to article 7 or 10 of the public
service law, shall be deemed expenses of the department of public
service within the meaning of section 18-a of the public service law. No
later than August 15th annually, the commissioner of the department of
environmental conservation shall submit an accounting of such expenses,
including, but not limited to, expenses in the prior state fiscal year
for personal and non-personal services and fringe benefits, to the chair
of the public service commission for the chair's review pursuant to the
provisions of section 18-a of the public service law.
§ 5. Notwithstanding any other law, rule or regulation to the contra-
ry, expenses of the department of health public service education
program incurred pursuant to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service. No later than August 15th
annually, the commissioner of the department of health shall submit an
accounting of expenses in the prior state fiscal year to the chair of
the public service commission for the chair's review pursuant to the
provisions of section 217 of the public service law.
§ 6. Any expense deemed to be expenses of the department of public
service pursuant to sections one through four of this act shall not be
recovered through assessments imposed upon telephone corporations as
defined in subdivision 17 of section 2 of the public service law.
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024 and shall
expire and be deemed repealed April 1, 2029.
PART R
Section 1. Subdivision 2 of section 195 of the agriculture and markets
law, as amended by section 2 of part D of chapter 82 of the laws of
2002, is amended to read as follows:
2. Upon application, a weighmaster's license may be issued by the
commissioner to an employee of a person, firm, partnership or corpo-
ration whose business requires, by contract or otherwise, that materials
or commodities manufactured, produced, distributed, sold or handled by
such person, firm, partnership or corporation be weighed by a licensed
weighmaster; or such license may be issued to an individual engaged in
the weighing of materials or commodities. The applicant shall furnish
satisfactory evidence of good character and of ability to weigh accu-
rately and to make correct weight tickets. [He] THE APPLICANT shall
also furnish evidence that [he] SUCH APPLICANT owns, leases or has
access to a stationary scale within the state suitable for weighing the
materials or commodities to be weighed by [him] THE APPLICANT or that
[he] THE APPLICANT is regularly employed by a person, firm, partnership
S. 8308--A 94 A. 8808--A
or corporation who owns, leases or has access to such a scale which has
been tested and sealed by the weights and measures official charged with
such duty. The applicant shall pay [a fee of fifteen dollars] AN APPRO-
PRIATE FEE COMMENSURATE WITH COSTS AS ESTABLISHED BY REGULATION. A
license shall be for a period not exceeding three years and may be
renewed in the discretion of the commissioner upon payment of the fee
aforesaid. Such license shall be kept at the place where the weighmaster
is engaged in weighing and shall be open to inspection. An application
may be denied or a license may be revoked by the commissioner, after a
hearing upon due notice to the applicant or licensee, for dishonesty,
incompetency, inaccuracy or a violation of the provisions of this arti-
cle or the rules and regulations adopted pursuant thereto.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART S
Section 1. Subdivision 3 of section 54-1511 of the environmental
conservation law, as added by section 5 of part U of chapter 58 of the
laws of 2016, is amended to read as follows:
3. State assistance payments shall not exceed fifty percent of the
project cost or two million dollars, whichever is less, PROVIDED HOWEVER
IF A MUNICIPALITY MEETS CRITERIA ESTABLISHED BY THE DEPARTMENT RELATING
TO EITHER FINANCIAL HARDSHIP OR DISADVANTAGED COMMUNITIES PURSUANT TO
SECTION 75-0101 OF THIS CHAPTER, THE COMMISSIONER MAY AUTHORIZE STATE
ASSISTANCE PAYMENTS OF UP TO EIGHTY PERCENT OF THE PROJECT COST OR TWO
MILLION DOLLARS, WHICHEVER IS LESS. Such costs are subject to final
computation and determination by the commissioner upon completion of the
project, and shall not exceed the maximum eligible cost set forth in the
contract.
§ 2. This act shall take effect immediately.
PART T
Section 1. Section 72-0302 of the environmental conservation law, as
amended by chapter 608 of the laws of 1993, the opening paragraph of
subdivision 1 and the closing paragraph as amended by chapter 432 of the
laws of 1997, and paragraph (e) of subdivision 1 as amended and para-
graphs (f) and (g) of subdivision 1 as relettered by chapter 170 of the
laws of 1994, is amended to read as follows:
§ 72-0302. State air quality control fees.
1. All persons, except those required to pay a fee under section
72-0303 of this [article] TITLE, who are required to obtain a permit,
[certificate] REGISTRATION or OTHER OPERATING approval pursuant to the
state air quality control program AND THE RULES AND REGULATIONS ADOPTED
BY THE DEPARTMENT HEREUNDER shall submit to the department [a per emis-
sion point] AN ANNUAL fee in an amount established as follows:
a. [$11,000.00 for a stationary combustion installation having a maxi-
mum operating heat input equal to or greater than fifty million British
thermal units per hour as stated on the most recent application for a
permit to construct or application for a certificate to operate and
which emits or has the potential to emit equal to or greater than any
one of the following:
S. 8308--A 95 A. 8808--A
(i) one hundred tons per year of oxides of nitrogen, or if located in
a severe ozone nonattainment area, twenty-five tons per year; or
(ii) one hundred tons per year of sulfur dioxide; or
(iii) one hundred tons per year of particulates] $5,000.00 FOR EACH
STATE FACILITY PERMIT.
b. [$2,000.00 for all stationary combustion installations which are
not included under paragraph a of this subdivision and which have a
maximum operating heat input greater than fifty million British thermal
units per hour as stated on the most recent application for a certif-
icate to operate] $500.00 FOR EACH REGISTRATION OR OTHER OPERATING
APPROVAL.
[c. $100.00 for a stationary combustion installation having a maximum
operating heat input less than fifty million British thermal units per
hour as stated on the most recent application for a certificate to oper-
ate.
d. $2,000.00 for a process air contamination source for an annual
emission rate equal to or greater than twenty-five tons per year of any
one of the following: sulfur dioxide, nitrogen dioxide, total particu-
lates, carbon monoxide, total volatile organic compounds and other
specific air contaminants. The annual emission rate shall be the actual
annual emission rate as stated on the most recent application for a
permit to construct or application for a certificate to operate. In the
event that hours of operation have not been specified on the applica-
tions then maximum possible hours of operation (8760 hours) will be used
to calculate actual annual emissions.
e. $160.00 for a process air contamination source, except a gasoline
dispencing site, for an annual emission rate less than twenty-five tons
per year of any one of the following: sulfur dioxide, nitrogen dioxide,
total particulates, carbon monoxide, total volatile organic compounds
and other specific air contaminants. The annual emission rate shall be
the actual annual emission rate as applied for on the most recent appli-
cation for a permit to construct or application for a certificate to
operate. In the event that hours of operation have not been specified on
the applications then maximum possible hours of operation (8760 hours)
will be used to calculate actual annual emissions.
f. $2,000.00 for an incinerator capable of charging two thousand
pounds of refuse per hour or greater. The charging capacity will be
established in accordance with the application for the most recent
permit to construct or application for a certificate to operate the
incinerator source and will be calculated on an emission point basis.
g. $160.00 for an incinerator with a maximum design charge rate of
less than two thousand pounds of refuse per hour. The charging capacity
will be established in accordance with the application for the most
recent permit to construct or application for a certificate to operate
the incinerator source and will be calculated on an emission point
basis.]
Provided, however, that where a city or county is delegated the
authority to administer the state air quality control program, or any
portion thereof, pursuant to paragraph p of subdivision two of section
3-0301 of this chapter and such city or county collects a fee in
connection with the issuance of a permit, [certificate] REGISTRATION or
OTHER OPERATING approval [for a combustion installation, incinerator or
process air contamination source] PURSUANT TO THE STATE AIR QUALITY
CONTROL PROGRAM AND THE RULES AND REGULATIONS ADOPTED BY THE DEPARTMENT
HEREUNDER, no additional liability for fees under this section shall
S. 8308--A 96 A. 8808--A
accrue for the particular combustion installation, incinerator or proc-
ess air contamination source that is subject to the delegation.
§ 2. Subdivisions 1, 3 and 5 of section 72-0303 of the environmental
conservation law, subdivisions 1 and 3 as amended by section 1 of part D
of chapter 413 of the laws of 1999, the opening paragraph of subdivision
1 as amended by section 1 of part Y of chapter 58 of the laws of 2015
and subdivision 5 as added by chapter 608 of the laws of 1993, are
amended to read as follows:
1. Commencing January first, two thousand [fifteen] TWENTY-SEVEN and
every year thereafter, all sources of regulated air contaminants identi-
fied pursuant to subdivision one of section 19-0311 of this chapter
shall submit to the department an annual base fee of [two] TEN thousand
[five hundred] dollars PER FACILITY. This base fee shall be in addition
to the fees listed below. Commencing January first, [nineteen hundred
ninety-four] TWO THOUSAND TWENTY-SEVEN and every year thereafter, all
sources of regulated air contaminants identified pursuant to subdivision
one of section 19-0311 of this chapter shall submit to the department an
annual fee not to exceed [the] TWO HUNDRED FORTY-FIVE DOLLARS per ton
[fees described below. The per ton fee is assessed on each ton of emis-
sions up to seven thousand tons annually of each regulated air contam-
inant as follows: sixty dollars per ton for facilities with total emis-
sions less than one thousand tons annually; seventy dollars per ton for
facilities with total emissions of one thousand or more but less than
two thousand tons annually; eighty dollars per ton for facilities with
total emissions of two thousand or more but less than five thousand tons
annually; and ninety dollars per ton for facilities with total] OF emis-
sions of [five thousand or more tons annually] REGULATED AIR CONTAM-
INANTS. Such [fee] FEES shall be sufficient to support an appropriation
approved by the legislature for the direct and indirect costs associated
with the operating permit program established in section 19-0311 of this
chapter. Such [fee] FEES shall be established by the department and
shall be calculated by dividing the amount of the current year appropri-
ation from the operating permit program account of the clean air fund by
the total tons of emissions of regulated air contaminants, INCLUDING
HAZARDOUS AIR POLLUTANTS, that are subject to the operating permit
program fees from sources subject to the operating permit program pursu-
ant to section 19-0311 of this chapter [up to seven thousand tons annu-
ally of each regulated air contaminant from each source]; provided that,
in making such calculation, the department shall adjust their calcu-
lation to account for any deficit or surplus in the operating permit
program account of the clean air fund established pursuant to section
ninety-seven-oo of the state finance law[; any loan repayment from the
mobile source account of the clean air fund established pursuant to
section ninety-seven-oo of the state finance law;] and the rate of
collection by the department of the bills issued for the [fee] FEES for
the prior year.
Notwithstanding the provisions of the state administrative procedure
act, such calculation and [fee] FEES shall be established as a rule by
publication in the Environmental Notice Bulletin no later than thirty
days after the budget bills making appropriations for the support of
government are enacted or July first, whichever is later, of the year
such [fee] FEES will be effective. In no event shall the [fee] FEES
established herein be any greater than the maximum fee identified pursu-
ant to this section.
3. Effective January first, [nineteen hundred ninety-seven through
December thirty-first, nineteen hundred ninety-eight] TWO THOUSAND TWEN-
S. 8308--A 97 A. 8808--A
TY-SEVEN AND EACH YEAR THEREAFTER, and notwithstanding the requirements
of the state administrative procedure act, [the cap of twenty-five
dollars] EACH per ton FEE shall increase by the percentage, if any, by
which the consumer price index exceeds the consumer price index for the
[calendar] PRIOR CALENDAR year [nineteen hundred eighty-nine].
a. The consumer price index for any PRIOR calendar year is the average
of the consumer price index for all urban consumers published by the
United States department of labor, as of the close of the twelve-month
period ending on August thirty-first of each calendar year.
b. The [revision of the] DEPARTMENT SHALL USE THE MOST RECENT consumer
price index [for the calendar year nineteen hundred eighty-nine shall be
used in the event] PUBLISHED BY the department of labor [revises its
method of determining the consumer price index].
5. Any regulated air contaminant subject to the fees imposed pursuant
to this section which qualifies as both a volatile organic compound and
a hazardous air pollutant regulated pursuant to section 7412 of the Act
shall not be counted under both categories AND SHALL ONLY BE COUNTED AS
A HAZARDOUS AIR POLLUTANT for the purpose of assessing fees.
§ 3. Subdivision 7 of section 72-0303 of the environmental conserva-
tion law is REPEALED.
§ 4. Subdivisions 8, 9 and 10 of section 72-0303 of the environmental
conservation law are renumbered subdivisions 7, 8 and 9.
§ 5. Paragraph c of subdivision 2 of section 97-oo of the state
finance law, as added by chapter 608 of the laws of 1993, is REPEALED.
§ 6. The environmental conservation law is amended by adding a new
section 19-0328 to read as follows:
§ 19-0328. FEE PROGRAMS.
1. IN ORDER TO COMPLY WITH THE STATUTORY MANDATES OF THE ACT, THE
DEPARTMENT MAY IMPLEMENT NEW OR REVISE EXISTING REGULATORY OR PERMITTING
FEE PROGRAMS, INCLUDING BUT NOT LIMITED TO THE PROGRAMS ESTABLISHED BY
TITLE V AND SECTION 7511D OF THE ACT.
2. SUCH FEE SHALL BE CALCULATED BASED UPON TON OF VOLATILE ORGANIC
COMPOUND, OXIDES OF NITROGEN, OR OTHER REGULATED AIR CONTAMINANT EMITTED
AS SET FORTH IN THE ACT, THIS ARTICLE OR OTHERWISE PURSUANT TO REGU-
LATION ESTABLISHED BY THE DEPARTMENT.
3. THE DEPARTMENT MAY FURTHER ESTABLISH BY RULE OR RULES ADDITIONAL
PROCEDURES FOR ASSESSMENT OF AND COLLECTION OF SUCH FEES.
§ 7. This act shall take effect immediately; provided, however, that
sections one, three, four, five, and six of this act shall take effect
January 1, 2025; and provided further, however, that section two of this
act shall take effect January 1, 2027.
PART U
Section 1. Paragraph (b) of subdivision 2 of section 1676 of the
public authorities law is amended by adding a new undesignated paragraph
to read as follows:
ANY STATE AGENCY, COUNTY, CITY, TOWN, AND VILLAGE, WHERE SUCH ENTITY
IS UNDERTAKING A PROJECT FUNDED IN WHOLE, OR IN PART, BY THE NEW YORK
STATE ENVIRONMENTAL BOND ACT OF 2022; OR FUNDED IN WHOLE OR IN PART BY
THE FEDERAL GOVERNMENT THROUGH THE AMERICAN RESCUE PLAN ACT OF 2021, THE
INFRASTRUCTURE INVESTMENT AND JOBS ACT OF 2021, AND THE INFLATION
REDUCTION ACT OF 2022.
§ 2. Subdivision 1 of section 1680 of the public authorities law is
amended by adding a new undesignated paragraph to read as follows:
S. 8308--A 98 A. 8808--A
ANY STATE AGENCY, COUNTY, CITY, TOWN, AND VILLAGE, WHERE SUCH ENTITY
IS UNDERTAKING A PROJECT FUNDED IN WHOLE, OR IN PART, BY THE NEW YORK
STATE ENVIRONMENTAL BOND ACT OF 2022; OR FUNDED IN WHOLE OR IN PART BY
THE FEDERAL GOVERNMENT THROUGH THE AMERICAN RESCUE PLAN ACT OF 2021, THE
INFRASTRUCTURE INVESTMENT AND JOBS ACT OF 2021, AND THE INFLATION
REDUCTION ACT OF 2022.
§ 3. Paragraph (b) of subdivision 2 of section 1676 of the public
authorities law is amended by adding a new undesignated paragraph to
read as follows:
ANY MUNICIPAL CORPORATION, SUBDIVISION, DEPARTMENT OR AGENCY THEREOF,
FIRE DISTRICT, SPECIAL DISTRICT, LOCAL AGENCY, INDUSTRIAL DEVELOPMENT
AGENCY, OR LOCAL DEVELOPMENT CORPORATION, RECEIVING LOANS OR GRANTS
AWARDED PURSUANT TO: (I) THE DOWNTOWN REVITALIZATION PROGRAM ADMINIS-
TERED BY THE DEPARTMENT OF STATE AND THE DIVISION OF HOUSING AND COMMU-
NITY RENEWAL FOR TRANSFORMATIVE HOUSING, ECONOMIC DEVELOPMENT, TRANSPOR-
TATION, AND COMMUNITY PROJECTS, FOR THE PLANNING, DESIGN, CONSTRUCTION,
RECONSTRUCTION, IMPROVEMENT, RENOVATION, DEVELOPMENT, EXPANSION,
FURNISHING, AND EQUIPPING OF SUCH TRANSFORMATIVE HOUSING, ECONOMIC
DEVELOPMENT, TRANSPORTATION AND COMMUNITY PROJECTS FOR WHICH THE RECIPI-
ENT RECEIVED SUCH LOANS OR GRANTS; AND (II) THE NY FORWARD GRANT PROGRAM
ADMINISTERED BY THE DEPARTMENT OF STATE RELATED TO ECONOMIC DEVELOPMENT,
TRANSPORTATION AND COMMUNITY PROJECTS, FOR THE PLANNING, DESIGN,
CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, RENOVATION, DEVELOPMENT,
EXPANSION, FURNISHING, AND EQUIPPING OF SUCH ECONOMIC DEVELOPMENT,
TRANSPORTATION AND COMMUNITY PROJECTS FOR WHICH THE RECIPIENT WAS
AWARDED SUCH GRANT.
§ 4. Subdivision 1 of section 1680 of the public authorities law is
amended by adding a new undesignated paragraph to read as follows:
ANY MUNICIPAL CORPORATION, SUBDIVISION, DEPARTMENT OR AGENCY THEREOF,
FIRE DISTRICT, SPECIAL DISTRICT, LOCAL AGENCY, INDUSTRIAL DEVELOPMENT
AGENCY, OR LOCAL DEVELOPMENT CORPORATION, RECEIVING LOANS OR GRANTS
AWARDED PURSUANT TO: (I) THE DOWNTOWN REVITALIZATION PROGRAM ADMINIS-
TERED BY THE DEPARTMENT OF STATE AND THE DIVISION OF HOUSING AND COMMU-
NITY RENEWAL FOR TRANSFORMATIVE HOUSING, ECONOMIC DEVELOPMENT, TRANSPOR-
TATION, AND COMMUNITY PROJECTS, FOR THE PLANNING, DESIGN, CONSTRUCTION,
RECONSTRUCTION, IMPROVEMENT, RENOVATION, DEVELOPMENT, EXPANSION,
FURNISHING, AND EQUIPPING OF SUCH TRANSFORMATIVE HOUSING, ECONOMIC
DEVELOPMENT, TRANSPORTATION AND COMMUNITY PROJECTS FOR WHICH THE RECIPI-
ENT RECEIVED SUCH LOANS OR GRANTS; AND (II) THE NY FORWARD GRANT PROGRAM
ADMINISTERED BY THE DEPARTMENT OF STATE RELATED TO ECONOMIC DEVELOPMENT,
TRANSPORTATION AND COMMUNITY PROJECTS, FOR THE PLANNING, DESIGN,
CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, RENOVATION, DEVELOPMENT,
EXPANSION, FURNISHING, AND EQUIPPING OF SUCH ECONOMIC DEVELOPMENT,
TRANSPORTATION AND COMMUNITY PROJECTS FOR WHICH THE RECIPIENT WAS
AWARDED SUCH GRANT.
§ 5. Subdivision 13-a of section 3 of chapter 359 of the laws of 1968,
constituting the facilities development corporation act, as added by
section 1 of chapter 968 of the laws of 1981, is amended to read as
follows:
13-a. "Municipal building" shall mean [a] ANY building, STRUCTURE, OR
IMPROVEMENT, INCLUDING, WITHOUT LIMITATION, INFRASTRUCTURE IMPROVEMENTS,
including grading or improvement of the site, furnishings, equipment and
utility services in conjunction with such [a building, to be principally
used for the administrative offices of a municipality or for the storage
or repair of maintenance equipment] PROJECT. Nothing herein shall be
construed to prevent the corporation from entering into an agreement for
S. 8308--A 99 A. 8808--A
the design and construction of a local correctional facility in combina-
tion with a municipal building.
§ 6. This act shall take effect immediately.
PART V
Section 1. Section 2 of chapter 584 of the laws of 2011, amending the
public authorities law relating to the powers and duties of the dormito-
ry authority of the state of New York relative to the establishment of
subsidiaries for certain purposes, as amended by section 1 of part DD of
chapter 58 of the laws of 2022, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed on July 1, [2024] 2027; provided however, that the expi-
ration of this act shall not impair or otherwise affect any of the
powers, duties, responsibilities, functions, rights or liabilities of
any subsidiary duly created pursuant to subdivision twenty-five of
section 1678 of the public authorities law prior to such expiration.
§ 2. This act shall take effect immediately.
PART W
Section 1. Paragraph (f) of subdivision 1 of section 1977-a of the
public authorities law, as amended by section 1 of part EE of chapter 58
of the laws of 2023, is amended to read as follows:
(f) Additional authorizations. For the purpose of financing capital
costs in connection with a program of infrastructure construction,
improvements and other capital expenditures for the project area, the
authority may, in addition to the authorizations contained elsewhere in
this title, borrow money by issuing bonds and notes in an aggregate
principal amount not exceeding [one billion five hundred million
dollars] TWO BILLION FIVE HUNDRED MILLION DOLLARS, plus a principal
amount of bonds or notes issued (i) to fund any related debt service
reserve fund, (ii) to provide capitalized interest, and (iii) to provide
for fees and other charges and expenses including any underwriters'
discounts, related to the issuance of such bonds or notes, all as deter-
mined by the authority, excluding bonds and notes issued to refund
outstanding bonds and notes issued pursuant to this section.
§ 2. This act shall take effect immediately.
PART X
Section 1. Subdivision 6 of section 211 of the economic development
law, as amended by chapter 294 of the laws of 2019, is amended to read
as follows:
6. Grants made pursuant to this section shall be subject to the
following limitations:
(a) no grant shall be made to any one or any consortium of career
education agencies and not-for-profit corporations in excess of [one
hundred seventy-five] TWO HUNDRED FIFTY thousand dollars; and
(b) each grant shall be disbursed for payment of the cost of services
and expenses of the program director, the instructors of the participat-
ing career education agency or not-for-profit corporation, the faculty
and support personnel thereof and any other person in the service of
providing instruction and counseling in furtherance of the program.
§ 2. This act shall take effect immediately.
S. 8308--A 100 A. 8808--A
PART Y
Section 1. The opening paragraph of subdivision (h) of section 121 of
chapter 261 of the laws of 1988, amending the state finance law and
other laws relating to the New York state infrastructure trust fund, as
amended by chapter 96 of the laws of 2019, is amended to read as
follows:
The provisions of sections sixty-two through sixty-six of this act
shall expire and be deemed repealed on December thirty-first, two thou-
sand [twenty-four] TWENTY-NINE, except that:
§ 2. This act shall take effect immediately.
PART Z
Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174
of the laws of 1968 constituting the New York state urban development
corporation act, as amended by section 1 of part JJ of chapter 58 of the
laws of 2023, is amended to read as follows:
3. The provisions of this section shall expire, notwithstanding any
inconsistent provision of subdivision 4 of section 469 of chapter 309 of
the laws of 1996 or of any other law, on July 1, [2024] 2027.
§ 2. This act shall take effect immediately.
PART AA
Section 1. Section 2 of 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, as
amended by section 1 of part GG of chapter 58 of the laws of 2023, is
amended to read as follows:
§ 2. This act shall take effect immediately provided, however, that
section one of this act shall expire on July 1, [2024] 2027, at which
time the provisions of subdivision 26 of section 5 of the New York state
urban development corporation act shall be deemed repealed; provided,
however, that neither the expiration nor the repeal of such subdivision
as provided for herein shall be deemed to affect or impair in any manner
any loan made pursuant to the authority of such subdivision prior to
such expiration and repeal.
§ 2. This act shall take effect immediately.
PART BB
Section 1. Section 4 of chapter 495 of the laws of 2004, amending the
insurance law and the public health law relating to the New York state
health insurance continuation assistance demonstration project, as
amended by section 1 of part U of chapter 58 of the laws of 2023, is
amended to read as follows:
§ 4. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that this act shall remain in
effect until July 1, [2024] 2025 when upon such date the provisions of
this act shall expire and be deemed repealed; provided, further, that a
displaced worker shall be eligible for continuation assistance retroac-
tive to July 1, 2004.
§ 2. This act shall take effect immediately.
PART CC
S. 8308--A 101 A. 8808--A
Section 1. The banking law is amended by adding a new article 14-B to
read as follows:
ARTICLE XIV-B
BUY-NOW-PAY-LATER LENDERS
SECTION 735. SHORT TITLE.
736. DEFINITIONS.
737. LICENSE.
738. CONDITIONS PRECEDENT TO ISSUING A LICENSE; PROCEDURE WHERE
APPLICATION IS DENIED.
739. LICENSE PROVISIONS AND POSTING.
740. APPLICATION FOR ACQUISITION OF CONTROL OF BUY-NOW-PAY-LATER
LENDER BY PURCHASE OF STOCK.
741. GROUND FOR REVOCATION OR SUSPENSION OF LICENSE; PROCEDURE.
742. SUPERINTENDENT AUTHORIZED TO EXAMINE.
743. LICENSEE'S BOOKS AND RECORDS; REPORTS.
744. ACTS PROHIBITED.
745. LIMITATION ON CHARGES ON BUY-NOW-PAY-LATER LOANS.
746. CONSUMER PROTECTIONS.
747. AUTHORITY OF SUPERINTENDENT.
748. PENALTIES.
749. SEVERABILITY.
§ 735. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "BUY NOW PAY LATER ACT".
§ 736. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "CONSUMER" MEANS AN INDIVIDUAL WHO IS A RESIDENT OF THE STATE OF
NEW YORK.
2. "BUY-NOW-PAY-LATER LOAN" MEANS CREDIT PROVIDED TO A CONSUMER IN
CONNECTION WITH SUCH CONSUMER'S PARTICULAR PURCHASE OF GOODS AND/OR
SERVICES, OTHER THAN A MOTOR VEHICLE AS DEFINED UNDER SECTION ONE
HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW.
3. "BUY-NOW-PAY-LATER LENDER" MEANS A PERSON WHO OFFERS BUY-NOW-PAY-
LATER LOANS IN THIS STATE. FOR PURPOSES OF THE PRECEDING SENTENCE,
"OFFER" MEANS OFFERING TO MAKE A BUY-NOW-PAY-LATER LOAN BY EXTENDING
CREDIT DIRECTLY TO A CONSUMER OR OPERATING A PLATFORM, SOFTWARE OR
SYSTEM WITH WHICH A CONSUMER INTERACTS AND THE PRIMARY PURPOSE OF WHICH
IS TO ALLOW THIRD PARTIES TO OFFER BUY-NOW-PAY-LATER LOANS, OR BOTH. A
PERSON WHO SELLS GOODS OR SERVICES TO A CONSUMER AND EXTENDS CREDIT TO
SUCH CONSUMER IN CONNECTION WITH SUCH CONSUMER'S PARTICULAR PURCHASE OF
SUCH GOODS AND/OR SERVICES SHALL NOT BE CONSIDERED A BUY-NOW-PAY-LATER
LENDER WITH RESPECT TO SUCH TRANSACTIONS. A PERSON SHALL NOT BE CONSID-
ERED A BUY-NOW-PAY-LATER LENDER ON THE BASIS OF ISOLATED, INCIDENTAL OR
OCCASIONAL TRANSACTIONS WHICH OTHERWISE MEET THE DEFINITIONS OF THIS
SECTION.
4. "EXEMPT ORGANIZATION" MEANS ANY BANKING ORGANIZATION OR FOREIGN
BANKING CORPORATION LICENSED BY THE SUPERINTENDENT OR THE COMPTROLLER OF
THE CURRENCY TO TRANSACT BUSINESS IN THIS STATE, NATIONAL BANK, FEDERAL
SAVINGS BANK, FEDERAL SAVINGS AND LOAN ASSOCIATION, OR FEDERAL CREDIT
UNION. SUBJECT TO SUCH REGULATIONS AS MAY BE PROMULGATED BY THE SUPER-
INTENDENT, "EXEMPT ORGANIZATION" MAY ALSO INCLUDE ANY SUBSIDIARY OF SUCH
ENTITIES.
5. "LICENSEE" MEANS A PERSON WHO HAS BEEN ISSUED A LICENSE PURSUANT TO
THIS ARTICLE.
S. 8308--A 102 A. 8808--A
6. "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, CORPORATION, ASSOCIATION
OR ANY OTHER BUSINESS ORGANIZATION.
§ 737. LICENSE. 1. NO PERSON OR OTHER ENTITY, EXCEPT AN EXEMPT ORGAN-
IZATION AS DEFINED IN THIS ARTICLE, SHALL ACT AS A BUY-NOW-PAY-LATER
LENDER WITHOUT FIRST OBTAINING A LICENSE FROM THE SUPERINTENDENT.
2. AN APPLICATION FOR A LICENSE SHALL BE IN WRITING, UNDER OATH, AND
IN THE FORM AND CONTAINING SUCH INFORMATION AS THE SUPERINTENDENT MAY
REQUIRE.
3. AT THE TIME OF FILING AN APPLICATION FOR A LICENSE, THE APPLICANT
SHALL PAY TO THE SUPERINTENDENT A FEE AS PRESCRIBED PURSUANT TO SECTION
EIGHTEEN-A OF THIS CHAPTER.
4. A LICENSE GRANTED PURSUANT TO THIS ARTICLE SHALL BE VALID UNLESS
REVOKED OR SUSPENDED BY THE SUPERINTENDENT OR UNLESS SURRENDERED BY THE
LICENSEE AND ACCEPTED BY THE SUPERINTENDENT.
5. IN CONNECTION WITH AN APPLICATION FOR A LICENSE, THE APPLICANT
SHALL SUBMIT AN AFFIDAVIT OF FINANCIAL SOLVENCY NOTING SUCH CAPITALIZA-
TION REQUIREMENTS AND ACCESS TO SUCH CREDIT AS MAY BE PRESCRIBED BY THE
REGULATIONS OF THE SUPERINTENDENT.
§ 738. CONDITIONS PRECEDENT TO ISSUING A LICENSE; PROCEDURE WHERE
APPLICATION IS DENIED. 1. AFTER THE FILING OF AN APPLICATION FOR A
LICENSE ACCOMPANIED BY PAYMENT OF THE FEE PURSUANT TO SUBDIVISION THREE
OF SECTION SEVEN HUNDRED THIRTY-SEVEN OF THIS ARTICLE, IT SHALL BE
SUBSTANTIVELY REVIEWED. AFTER THE APPLICATION IS DEEMED SUFFICIENT AND
COMPLETE, IF THE SUPERINTENDENT FINDS THAT THE FINANCIAL RESPONSIBILITY,
INCLUDING MEETING ANY CAPITAL REQUIREMENTS AS ESTABLISHED PURSUANT TO
SUBDIVISION THREE OF THIS SECTION, EXPERIENCE, CHARACTER AND GENERAL
FITNESS OF THE APPLICANT OR ANY PERSON ASSOCIATED WITH THE APPLICANT ARE
SUCH AS TO COMMAND THE CONFIDENCE OF THE COMMUNITY AND TO WARRANT THE
BELIEF THAT THE BUSINESS WILL BE CONDUCTED HONESTLY, FAIRLY AND EFFI-
CIENTLY WITHIN THE PURPOSES AND INTENT OF THIS ARTICLE, THE SUPERINTEN-
DENT SHALL ISSUE THE LICENSE. FOR THE PURPOSE OF THIS SUBDIVISION, THE
APPLICANT SHALL BE DEEMED TO INCLUDE ALL THE MEMBERS OF THE APPLICANT IF
IT IS A PARTNERSHIP OR UNINCORPORATED ASSOCIATION OR ORGANIZATION, AND
ALL THE STOCKHOLDERS, OFFICERS AND DIRECTORS OF THE APPLICANT IF IT IS A
CORPORATION.
2. IF THE SUPERINTENDENT REFUSES TO ISSUE A LICENSE, THE SUPERINTEN-
DENT SHALL NOTIFY THE APPLICANT OF THE DENIAL AND RETAIN THE FEE PAID
PURSUANT TO SUBDIVISION THREE OF SECTION SEVEN HUNDRED THIRTY-SEVEN OF
THIS ARTICLE.
3. THE SUPERINTENDENT MAY ISSUE REGULATIONS SETTING CAPITAL REQUIRE-
MENTS TO ENSURE THE SOLVENCY AND FINANCIAL INTEGRITY OF LICENSEES AND
THEIR ONGOING OPERATIONS, TAKING INTO ACCOUNT THE RISKS, VOLUME OF BUSI-
NESS, COMPLEXITY, AND OTHER RELEVANT FACTORS REGARDING SUCH LICENSEES.
FURTHER, THE SUPERINTENDENT MAY ISSUE RULES AND REGULATIONS PRESCRIBING
A METHODOLOGY TO CALCULATE CAPITAL REQUIREMENTS WITH RESPECT TO LICEN-
SEES OR CATEGORIES THEREOF.
§ 739. LICENSE PROVISIONS AND POSTING. 1. A LICENSE ISSUED UNDER THIS
ARTICLE SHALL STATE THE NAME AND ADDRESS OF THE LICENSEE, AND IF THE
LICENSEE BE A CO-PARTNERSHIP OR ASSOCIATION, THE NAMES OF THE MEMBERS
THEREOF, AND IF A CORPORATION THE DATE AND PLACE OF ITS INCORPORATION.
2. SUCH LICENSE SHALL BE KEPT CONSPICUOUSLY POSTED ON THE MOBILE
APPLICATION, WEBSITE, OR OTHER CONSUMER INTERFACE OF THE LICENSEE, AS
WELL AS LISTED IN THE TERMS AND CONDITIONS OF ANY BUY-NOW-PAY-LATER LOAN
OFFERED OR ENTERED INTO BY THE LICENSEE. THE SUPERINTENDENT MAY PROVIDE
BY REGULATION AN ALTERNATIVE FORM OF NOTICE OF LICENSURE.
S. 8308--A 103 A. 8808--A
3. A LICENSE ISSUED UNDER THIS ARTICLE SHALL NOT BE TRANSFERABLE OR
ASSIGNABLE.
§ 740. APPLICATION FOR ACQUISITION OF CONTROL OF BUY-NOW-PAY-LATER
LENDER BY PURCHASE OF STOCK. 1. IT SHALL BE UNLAWFUL EXCEPT WITH THE
PRIOR APPROVAL OF THE SUPERINTENDENT FOR ANY ACTION TO BE TAKEN WHICH
RESULTS IN A CHANGE OF CONTROL OF THE BUSINESS OF A LICENSEE. PRIOR TO
ANY CHANGE OF CONTROL, THE PERSON DESIROUS OF ACQUIRING CONTROL OF THE
BUSINESS OF A LICENSEE SHALL MAKE WRITTEN APPLICATION TO THE SUPERINTEN-
DENT AND PAY AN INVESTIGATION FEE AS PRESCRIBED PURSUANT TO SECTION
EIGHTEEN-A OF THIS CHAPTER TO THE SUPERINTENDENT. THE APPLICATION SHALL
CONTAIN SUCH INFORMATION AS THE SUPERINTENDENT, BY REGULATION, MAY
PRESCRIBE AS NECESSARY OR APPROPRIATE FOR THE PURPOSE OF MAKING THE
DETERMINATION REQUIRED BY SUBDIVISION TWO OF THIS SECTION.
2. THE SUPERINTENDENT SHALL APPROVE OR DISAPPROVE THE PROPOSED CHANGE
OF CONTROL OF A LICENSEE IN ACCORDANCE WITH THE PROVISIONS OF SECTION
SEVEN HUNDRED THIRTY-EIGHT OF THIS ARTICLE.
3. FOR A PERIOD OF SIX MONTHS FROM THE DATE OF QUALIFICATION THEREOF
AND FOR SUCH ADDITIONAL PERIOD OF TIME AS THE SUPERINTENDENT MAY
PRESCRIBE, IN WRITING, THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF
THIS SECTION SHALL NOT APPLY TO A TRANSFER OF CONTROL BY OPERATION OF
LAW TO THE LEGAL REPRESENTATIVE, AS HEREINAFTER DEFINED, OF ONE WHO HAS
CONTROL OF A LICENSEE. THEREAFTER, SUCH LEGAL REPRESENTATIVE SHALL
COMPLY WITH THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION.
THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION SHALL BE
APPLICABLE TO AN APPLICATION MADE UNDER SUCH SECTION BY A LEGAL REPRE-
SENTATIVE.
4. THE TERM "LEGAL REPRESENTATIVE," FOR THE PURPOSES OF THIS SECTION,
SHALL MEAN ONE DULY APPOINTED BY A COURT OF COMPETENT JURISDICTION TO
ACT AS EXECUTOR, ADMINISTRATOR, TRUSTEE, COMMITTEE, CONSERVATOR OR
RECEIVER, INCLUDING ONE WHO SUCCEEDS A LEGAL REPRESENTATIVE AND ONE
ACTING IN AN ANCILLARY CAPACITY THERETO IN ACCORDANCE WITH THE
PROVISIONS OF SUCH COURT APPOINTMENT.
5. AS USED IN THIS SECTION, THE TERM "CONTROL" MEANS THE POSSESSION,
DIRECTLY OR INDIRECTLY, OF THE POWER TO DIRECT OR CAUSE THE DIRECTION OF
THE MANAGEMENT AND POLICIES OF A LICENSEE, WHETHER THROUGH THE OWNERSHIP
OF VOTING STOCK OF SUCH LICENSEE, THE OWNERSHIP OF VOTING STOCK OF ANY
PERSON WHICH POSSESSES SUCH POWER OR OTHERWISE. CONTROL SHALL BE
PRESUMED TO EXIST IF ANY PERSON, DIRECTLY OR INDIRECTLY, OWNS, CONTROLS
OR HOLDS WITH POWER TO VOTE TEN PER CENTUM OR MORE OF THE VOTING STOCK
OF ANY LICENSEE OR OF ANY PERSON WHICH OWNS, CONTROLS OR HOLDS WITH
POWER TO VOTE TEN PER CENTUM OR MORE OF THE VOTING STOCK OF ANY LICEN-
SEE, BUT NO PERSON SHALL BE DEEMED TO CONTROL A LICENSEE SOLELY BY
REASON OF BEING AN OFFICER OR DIRECTOR OF SUCH LICENSEE OR PERSON. THE
SUPERINTENDENT MAY IN THE SUPERINTENDENT'S DISCRETION, UPON THE APPLICA-
TION OF A LICENSEE OR ANY PERSON WHO, DIRECTLY OR INDIRECTLY, OWNS,
CONTROLS OR HOLDS WITH POWER TO VOTE OR SEEKS TO OWN, CONTROL OR HOLD
WITH POWER TO VOTE ANY VOTING STOCK OF SUCH LICENSEE, DETERMINE WHETHER
OR NOT THE OWNERSHIP, CONTROL OR HOLDING OF SUCH VOTING STOCK CONSTI-
TUTES OR WOULD CONSTITUTE CONTROL OF SUCH LICENSEE FOR PURPOSES OF THIS
SECTION.
§ 741. GROUND FOR REVOCATION OR SUSPENSION OF LICENSE; PROCEDURE. 1. A
LICENSE GRANTED PURSUANT TO THIS SECTION SHALL BE REVOKED OR SUSPENDED
BY THE SUPERINTENDENT UPON A FINDING THAT:
(A) THE LICENSEE HAS VIOLATED ANY APPLICABLE LAW OR REGULATION;
S. 8308--A 104 A. 8808--A
(B) ANY FACT OR CONDITION EXISTS WHICH, IF IT HAD EXISTED AT THE TIME
OF THE ORIGINAL APPLICATION FOR SUCH LICENSE, CLEARLY WOULD HAVE
WARRANTED THE SUPERINTENDENT'S REFUSAL TO ISSUE SUCH LICENSE; OR
(C) THE LICENSEE HAS FAILED TO PAY ANY SUM OF MONEY LAWFULLY DEMANDED
BY THE SUPERINTENDENT OR TO COMPLY WITH ANY DEMAND, RULING OR REQUIRE-
MENT OF THE SUPERINTENDENT.
2. ANY LICENSEE MAY SURRENDER ANY LICENSE BY DELIVERING TO THE SUPER-
INTENDENT WRITTEN NOTICE THAT THE LICENSEE THEREBY SURRENDERS SUCH
LICENSE. SUCH SURRENDER SHALL BE EFFECTIVE UPON ITS ACCEPTANCE BY THE
SUPERINTENDENT, AND SHALL NOT AFFECT SUCH LICENSEE'S CIVIL OR CRIMINAL
LIABILITY FOR ACTS COMMITTED PRIOR TO SUCH SURRENDER.
3. EVERY LICENSE ISSUED HEREUNDER SHALL REMAIN IN FORCE AND EFFECT
UNTIL THE SAME SHALL HAVE BEEN SURRENDERED, REVOKED OR SUSPENDED, IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, BUT THE SUPERINTENDENT
SHALL HAVE AUTHORITY TO REINSTATE SUSPENDED LICENSES OR TO ISSUE A NEW
LICENSE TO A LICENSEE WHOSE LICENSE HAS BEEN REVOKED IF NO FACT OR
CONDITION THEN EXISTS WHICH CLEARLY WOULD HAVE WARRANTED THE SUPERINTEN-
DENT'S REFUSAL TO ISSUE SUCH LICENSE.
4. WHENEVER THE SUPERINTENDENT SHALL REVOKE OR SUSPEND A LICENSE
ISSUED PURSUANT TO THIS ARTICLE, THE SUPERINTENDENT SHALL FORTHWITH
EXECUTE A WRITTEN ORDER TO THAT EFFECT, WHICH ORDER MAY BE REVIEWED IN
THE MANNER PROVIDED BY ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW
AND RULES. SUCH SPECIAL PROCEEDING FOR REVIEW AS AUTHORIZED BY THIS
SECTION MUST BE COMMENCED WITHIN THIRTY DAYS FROM THE DATE OF SUCH ORDER
OF SUSPENSION OR REVOCATION.
5. THE SUPERINTENDENT MAY, FOR GOOD CAUSE, WITHOUT NOTICE AND A HEAR-
ING, SUSPEND ANY LICENSE ISSUED PURSUANT TO THIS ARTICLE FOR A PERIOD
NOT EXCEEDING THIRTY DAYS, PENDING INVESTIGATION. "GOOD CAUSE," AS USED
IN THIS SUBDIVISION, SHALL EXIST ONLY WHEN THE LICENSEE HAS ENGAGED IN
OR IS LIKELY TO ENGAGE IN A PRACTICE PROHIBITED BY THIS ARTICLE OR THE
REGULATIONS PROMULGATED THEREUNDER OR ENGAGES IN DISHONEST OR INEQUITA-
BLE PRACTICES WHICH MAY CAUSE SUBSTANTIAL HARM TO THE PUBLIC.
§ 742. SUPERINTENDENT AUTHORIZED TO EXAMINE. 1. THE SUPERINTENDENT
SHALL HAVE THE POWER TO MAKE SUCH INVESTIGATIONS AS THE SUPERINTENDENT
SHALL DEEM NECESSARY TO DETERMINE WHETHER ANY BUY-NOW-PAY-LATER LENDER
OR ANY OTHER PERSON HAS VIOLATED ANY OF THE PROVISIONS OF THIS ARTICLE
OR ANY OTHER APPLICABLE LAW, OR WHETHER ANY LICENSEE HAS CONDUCTED
ITSELF IN SUCH MANNER AS WOULD JUSTIFY THE REVOCATION OF ITS LICENSE,
AND TO THE EXTENT NECESSARY THEREFOR, THE SUPERINTENDENT MAY REQUIRE THE
ATTENDANCE OF AND EXAMINE ANY PERSON UNDER OATH, AND SHALL HAVE THE
POWER TO COMPEL THE PRODUCTION OF ALL RELEVANT BOOKS, RECORDS, ACCOUNTS,
AND DOCUMENTS.
2. THE SUPERINTENDENT SHALL HAVE THE POWER TO MAKE SUCH EXAMINATIONS
OF THE BOOKS, RECORDS, ACCOUNTS AND DOCUMENTS USED IN THE BUSINESS OF
ANY LICENSEE AS THE SUPERINTENDENT SHALL DEEM NECESSARY TO DETERMINE
WHETHER ANY SUCH LICENSEE HAS VIOLATED ANY OF THE PROVISIONS OF THIS
CHAPTER OR ANY OTHER APPLICABLE LAW OR TO SECURE INFORMATION LAWFULLY
REQUIRED BY THE SUPERINTENDENT.
§ 743. LICENSEE'S BOOKS AND RECORDS; REPORTS. 1. A BUY-NOW-PAY-LATER
LENDER SHALL KEEP AND USE IN ITS BUSINESS SUCH BOOKS, ACCOUNTS AND
RECORDS AS WILL ENABLE THE SUPERINTENDENT TO DETERMINE WHETHER SUCH
BUY-NOW-PAY-LATER LENDER IS COMPLYING WITH THE PROVISIONS OF THIS ARTI-
CLE AND WITH THE RULES AND REGULATIONS LAWFULLY MADE BY THE SUPERINTEN-
DENT HEREUNDER. EVERY BUY-NOW-PAY-LATER LENDER SHALL PRESERVE SUCH
BOOKS, ACCOUNTS AND RECORDS FOR AT LEAST SIX YEARS AFTER MAKING THE
FINAL ENTRY IN RESPECT TO ANY BUY-NOW-PAY-LATER LOAN RECORDED THEREIN;
S. 8308--A 105 A. 8808--A
PROVIDED, HOWEVER, THE PRESERVATION OF PHOTOGRAPHIC OR DIGITAL REPROD-
UCTIONS THEREOF OR RECORDS IN PHOTOGRAPHIC OR DIGITAL FORM SHALL CONSTI-
TUTE COMPLIANCE WITH THIS REQUIREMENT.
2. BY A DATE TO BE SET BY THE SUPERINTENDENT, EACH LICENSEE SHALL
ANNUALLY FILE A REPORT WITH THE SUPERINTENDENT GIVING SUCH INFORMATION
AS THE SUPERINTENDENT MAY REQUIRE CONCERNING THE LICENSEE'S BUSINESS AND
OPERATIONS DURING THE PRECEDING CALENDAR YEAR WITHIN THE STATE UNDER THE
AUTHORITY OF THIS ARTICLE. SUCH REPORT SHALL BE SUBSCRIBED AND AFFIRMED
AS TRUE BY THE LICENSEE UNDER THE PENALTIES OF PERJURY AND BE IN THE
FORM PRESCRIBED BY THE SUPERINTENDENT. IN ADDITION TO SUCH ANNUAL
REPORTS, THE SUPERINTENDENT MAY REQUIRE OF LICENSEES SUCH ADDITIONAL
REGULAR OR SPECIAL REPORTS AS THE SUPERINTENDENT MAY DEEM NECESSARY TO
THE PROPER SUPERVISION OF LICENSEES UNDER THIS ARTICLE. SUCH ADDITIONAL
REPORTS SHALL BE IN THE FORM PRESCRIBED BY THE SUPERINTENDENT AND SHALL
BE SUBSCRIBED AND AFFIRMED AS TRUE UNDER THE PENALTIES OF PERJURY.
§ 744. ACTS PROHIBITED. 1. NO BUY-NOW-PAY-LATER LENDER SHALL TAKE OR
CAUSE TO BE TAKEN ANY CONFESSION OF JUDGMENT OR ANY POWER OF ATTORNEY TO
CONFESS JUDGMENT OR TO APPEAR FOR THE CONSUMER IN A JUDICIAL PROCEEDING.
2. NO BUY-NOW-PAY-LATER LENDER SHALL MAKE OR CAUSE TO BE MADE AN
ADVERTISEMENT FOR A BUY-NOW-PAY-LATER LOAN THAT IS FALSE, MISLEADING, OR
DECEPTIVE.
§ 745. LIMITATION ON CHARGES ON BUY-NOW-PAY-LATER LOANS. NO BUY-NOW-
PAY-LATER LENDER SHALL DIRECTLY OR INDIRECTLY CHARGE, CONTRACT FOR, OR
RECEIVE ANY INTEREST, DISCOUNT, OR CONSIDERATION UPON A BUY-NOW-PAY-LA-
TER LOAN GREATER THAN THE RATE PERMITTED BY SECTION 5-501 OF THE GENERAL
OBLIGATIONS LAW.
§ 746. CONSUMER PROTECTIONS. 1. DISCLOSURES. A BUY-NOW-PAY-LATER LEND-
ER SHALL DISCLOSE OR CAUSE TO BE DISCLOSED TO CONSUMERS THE TERMS OF
BUY-NOW-PAY-LATER LOANS, INCLUDING THE COST, SUCH AS INTEREST AND FEES,
REPAYMENT SCHEDULE, AND OTHER MATERIAL CONDITIONS, IN A CLEAR AND
CONSPICUOUS MANNER.
2. ABILITY TO REPAY. SUBJECT TO REGULATIONS TO BE PROMULGATED BY THE
SUPERINTENDENT, A BUY-NOW-PAY-LATER LENDER SHALL, BEFORE PROVIDING OR
CAUSING TO BE PROVIDED A BUY-NOW-PAY-LATER LOAN TO A CONSUMER, MAKE, OR
CAUSE TO BE MADE, A REASONABLE DETERMINATION THAT SUCH CONSUMER HAS THE
ABILITY TO REPAY THE BUY-NOW-PAY-LATER LOAN.
3. CREDIT REPORTING. A BUY-NOW-PAY-LATER LENDER SHALL MAINTAIN OR
CAUSE TO BE MAINTAINED POLICIES AND PROCEDURES FOR MAINTAINING ACCURATE
DATA THAT MAY BE REPORTED TO CREDIT REPORTING AGENCIES. THE SUPERINTEN-
DENT MAY ISSUE REGULATIONS REQUIRING THAT BUY-NOW-PAY-LATER LENDERS
REPORT OR CAUSE TO BE REPORTED DATA ON BUY-NOW-PAY-LATER LOANS TO
CONSUMER REPORTING AGENCIES, REQUIRING THAT SUCH REPORTING OCCUR IN A
PARTICULAR MANNER, OR PROHIBITING SUCH REPORTING.
4. RETURNS, REFUNDS AND CREDITS. A BUY-NOW-PAY-LATER LENDER SHALL
HANDLE OR CAUSE TO BE HANDLED RETURNS OF AND REFUNDS AND CREDITS FOR
GOODS OR SERVICES PURCHASED IN CONNECTION WITH A BUY-NOW-PAY-LATER LOAN
IN A MANNER THAT IS FAIR, TRANSPARENT, AND NOT UNDULY BURDENSOME TO
CONSUMERS. A BUY-NOW-PAY-LATER LENDER SHALL MAINTAIN OR CAUSE TO BE
MAINTAINED POLICIES AND PROCEDURES REGARDING SUCH HANDLING OF RETURNS,
REFUNDS, AND CREDITS. A BUY-NOW-PAY-LATER LENDER SHALL DISCLOSE OR CAUSE
TO BE DISCLOSED TO CONSUMERS IN A CLEAR AND CONSPICUOUS MANNER THE PROC-
ESS BY WHICH THEY CAN RETURN AND OBTAIN REFUNDS OR CREDITS FOR GOODS OR
SERVICES THEY HAVE PURCHASED WITH A BUY-NOW-PAY-LATER LOAN.
5. CONSUMER DISPUTES. A BUY-NOW-PAY-LATER LENDER SHALL RESOLVE OR
CAUSE TO BE RESOLVED DISPUTES IN A MANNER THAT IS FAIR AND TRANSPARENT
TO CONSUMERS. A BUY-NOW-PAY-LATER LENDER SHALL CREATE OR CAUSE TO BE
S. 8308--A 106 A. 8808--A
CREATED A READILY AVAILABLE AND PROMINENTLY DISCLOSED METHOD FOR CONSUM-
ERS TO BRING A DISPUTE TO THE BUY-NOW-PAY-LATER LENDER. A BUY-NOW-PAY-
LATER LENDER SHALL MAINTAIN POLICIES AND PROCEDURES FOR HANDLING CONSUM-
ER DISPUTES.
6. PENALTIES AND FEES. NO BUY-NOW-PAY-LATER LENDER SHALL CHARGE OR
CAUSE TO BE CHARGED TO A CONSUMER AN UNFAIR, ABUSIVE, OR EXCESSIVE
PENALTY OR FEE IN CONNECTION WITH A BUY-NOW-PAY-LATER LOAN. FOR PURPOSES
OF THIS SUBSECTION: (A) UNFAIR SHALL MEAN CAUSING SUBSTANTIAL INJURY TO
CONSUMERS THAT IS NOT REASONABLY AVOIDABLE BY CONSUMERS, WHERE SUCH
SUBSTANTIAL INJURY IS NOT OUTWEIGHED BY COUNTERVAILING BENEFITS TO
CONSUMERS OR TO COMPETITION; (B) ABUSIVE SHALL MEAN MATERIALLY INTERFER-
ING WITH THE ABILITY OF A CONSUMER TO UNDERSTAND A TERM OR CONDITION OF
A CONSUMER FINANCIAL PRODUCT OR SERVICE; OR TAKING UNREASONABLE ADVAN-
TAGE OF (I) A LACK OF UNDERSTANDING ON THE PART OF THE CONSUMER OF THE
MATERIAL RISKS, COSTS, OR CONDITIONS OF THE PRODUCT OR SERVICE; (II) THE
INABILITY OF THE CONSUMER TO PROTECT THE INTERESTS OF THE CONSUMER IN
SELECTING OR USING A CONSUMER FINANCIAL PRODUCT OR SERVICE; OR (III) THE
REASONABLE RELIANCE BY THE CONSUMER ON A BUY-NOW-PAY-LATER LENDER TO ACT
IN THE INTERESTS OF THE CONSUMER; AND (C) EXCESSIVE SHALL MEAN GREATER
THAN IS REASONABLY NECESSARY, CONSIDERING THE COST INCURRED BY THE BUY-
NOW-PAY-LATER LENDER IN PROVIDING ANY SERVICES ASSOCIATED WITH SUCH
PENALTY OR FEE, THE COMPETITIVE POSITION OF THE BUY-NOW-PAY-LATER LEND-
ER, AND THE MAINTENANCE OF A SAFE AND SOUND BUY-NOW-PAY-LATER LENDER
THAT PROTECTS THE PUBLIC INTEREST.
7. USE OF CONSUMER DATA. A BUY-NOW-PAY-LATER LENDER SHALL CLEARLY AND
CONSPICUOUSLY DISCLOSE OR CAUSE TO BE DISCLOSED TO A CONSUMER TO WHICH
IT PROVIDES A LOAN HOW SUCH CONSUMER'S DATA MAY BE USED BY THE BUY-NOW-
PAY-LATER LENDER AND PROVIDE THE CONSUMER THE OPPORTUNITY TO PROVIDE OR
WITHDRAW CONSENT TO SUCH USE. THE SUPERINTENDENT, IN THEIR DISCRETION,
MAY BY REGULATION PROHIBIT CERTAIN USES OF CONSUMER DATA IF SUCH USE
POSES AN UNDUE RISK TO CONSUMERS.
8. UNAUTHORIZED USE. THE SUPERINTENDENT MAY ISSUE RULES AND REGU-
LATIONS REGARDING TREATMENT OF UNAUTHORIZED USE, SO THAT CONSUMERS ARE
LIABLE FOR USE OF BUY-NOW-PAY-LATER LOANS IN THEIR NAME ONLY UNDER
CIRCUMSTANCES WHERE SUCH LIABILITY WOULD BE FAIR AND REASONABLE.
9. VOID BUY-NOW-PAY-LATER LOANS. ANY BUY-NOW-PAY-LATER LOAN MADE BY A
PERSON NOT LICENSED UNDER THIS ARTICLE, OTHER THAN AN EXEMPT ORGANIZA-
TION, SHALL BE VOID, AND SUCH PERSON SHALL HAVE NO RIGHT TO COLLECT OR
RECEIVE ANY PRINCIPAL, INTEREST OR CHARGE WHATSOEVER.
§ 747. AUTHORITY OF SUPERINTENDENT. THE SUPERINTENDENT IS AUTHORIZED
TO PROMULGATE SUCH GENERAL RULES AND REGULATIONS AS MAY BE APPROPRIATE,
IN THEIR SOLE DISCRETION, TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE,
PROTECT CONSUMERS, AND ENSURE THE SOLVENCY AND FINANCIAL INTEGRITY OF
BUY-NOW-PAY-LATER LENDERS. THE SUPERINTENDENT IS FURTHER AUTHORIZED TO
MAKE SUCH SPECIFIC RULINGS, DEMANDS, AND FINDINGS AS MAY BE NECESSARY
FOR THE PROPER CONDUCT OF THE BUSINESS AUTHORIZED AND LICENSED UNDER AND
FOR THE ENFORCEMENT OF THIS ARTICLE, IN ADDITION HERETO AND NOT INCON-
SISTENT HEREWITH.
§ 748. PENALTIES. 1. ANY PERSON, INCLUDING ANY MEMBER, OFFICER, DIREC-
TOR OR EMPLOYEE OF A BUY-NOW-PAY-LATER LENDER, WHO VIOLATES OR PARTIC-
IPATES IN THE VIOLATION OF SECTION SEVEN HUNDRED THIRTY-SEVEN OF THIS
ARTICLE, OR WHO KNOWINGLY MAKES ANY INCORRECT STATEMENT OF A MATERIAL
FACT IN ANY APPLICATION, REPORT OR STATEMENT FILED PURSUANT TO THIS
ARTICLE, OR WHO KNOWINGLY OMITS TO STATE ANY MATERIAL FACT NECESSARY TO
GIVE THE SUPERINTENDENT ANY INFORMATION LAWFULLY REQUIRED BY THE SUPER-
INTENDENT OR REFUSES TO PERMIT ANY LAWFUL INVESTIGATION OR EXAMINATION,
S. 8308--A 107 A. 8808--A
SHALL BE GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, SHALL BE FINED
NOT MORE THAN FIVE HUNDRED DOLLARS OR IMPRISONED FOR NOT MORE THAN SIX
MONTHS OR BOTH, IN THE DISCRETION OF THE COURT.
2. WITHOUT LIMITING ANY POWER GRANTED TO THE SUPERINTENDENT UNDER ANY
OTHER PROVISION OF THIS CHAPTER, THE SUPERINTENDENT MAY, IN A PROCEEDING
AFTER NOTICE AND A HEARING REQUIRE A BUY-NOW-PAY-LATER LENDER, WHETHER
OR NOT A LICENSEE, TO PAY TO THE PEOPLE OF THIS STATE A PENALTY FOR ANY
VIOLATION OF THIS CHAPTER, ANY REGULATION PROMULGATED THEREUNDER, ANY
FINAL OR TEMPORARY ORDER ISSUED PURSUANT TO SECTION THIRTY-NINE OF THIS
CHAPTER, ANY CONDITION IMPOSED IN WRITING BY THE SUPERINTENDENT IN
CONNECTION WITH THE GRANT OF ANY APPLICATION OR REQUEST, OR ANY WRITTEN
AGREEMENT ENTERED INTO WITH THE SUPERINTENDENT, AND FOR KNOWINGLY MAKING
ANY INCORRECT STATEMENT OF A MATERIAL FACT IN ANY APPLICATION, REPORT OR
STATEMENT FILED PURSUANT TO THIS ARTICLE, OR KNOWINGLY OMITTING TO STATE
ANY MATERIAL FACT NECESSARY TO GIVE THE SUPERINTENDENT ANY INFORMATION
LAWFULLY REQUIRED BY THE SUPERINTENDENT OR REFUSING TO PERMIT ANY LAWFUL
INVESTIGATION OR EXAMINATION. AS TO ANY BUY-NOW-PAY-LATER LENDER THAT IS
NOT A LICENSEE OR AN EXEMPT ORGANIZATION, THE SUPERINTENDENT IS AUTHOR-
IZED TO IMPOSE A PENALTY IN THE SAME AMOUNT AUTHORIZED IN SECTION
FORTY-FOUR OF THIS CHAPTER FOR A VIOLATION OF THIS CHAPTER BY ANY PERSON
LICENSED, CERTIFIED, REGISTERED, AUTHORIZED, CHARTERED, ACCREDITED,
INCORPORATED OR OTHERWISE APPROVED BY THE SUPERINTENDENT PURSUANT TO
THIS CHAPTER.
3. NO BUY-NOW-PAY-LATER LENDER SHALL MAKE, DIRECTLY OR INDIRECTLY,
ORALLY OR IN WRITING, OR BY ANY METHOD, PRACTICE OR DEVICE, A REPRESEN-
TATION THAT SUCH BUY-NOW-PAY-LATER LENDER IS LICENSED UNDER THE BANKING
LAW EXCEPT THAT A LICENSEE UNDER THIS CHAPTER MAY MAKE A REPRESENTATION
THAT THE LICENSEE IS LICENSED AS A BUY-NOW-PAY-LATER LENDER UNDER THIS
CHAPTER.
§ 749. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE APPLICA-
TION THEREOF TO ANY PERSON OR CIRCUMSTANCES IS HELD TO BE INVALID, SUCH
INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS
ARTICLE WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR
APPLICATION, AND TO THIS END THE PROVISIONS OF THIS ARTICLE ARE SEVERA-
BLE.
§ 2. Subdivision 1 of section 36 of the banking law, as amended by
chapter 146 of the laws of 1961, is amended to read as follows:
1. The superintendent shall have the power to examine every banking
organization, every bank holding company and any non-banking subsidiary
thereof (as such terms "bank holding company" and "non-banking subsid-
iary" are defined in article three-A of this chapter) and every licensed
lender AND LICENSED BUY-NOW-PAY-LATER LENDER at any time prior to its
dissolution whenever in his judgment such examination is necessary or
advisable.
§ 3. Subdivision 10 of section 36 of the banking law, as amended by
section 2 of part L of chapter 58 of the laws of 2019, is amended to
read as follows:
10. All reports of examinations and investigations, correspondence and
memoranda concerning or arising out of such examination and investi-
gations, including any duly authenticated copy or copies thereof in the
possession of any banking organization, bank holding company or any
subsidiary thereof (as such terms "bank holding company" and "subsid-
iary" are defined in article three-A of this chapter), any corporation
or any other entity affiliated with a banking organization within the
meaning of subdivision six of this section and any non-banking subsid-
iary of a corporation or any other entity which is an affiliate of a
S. 8308--A 108 A. 8808--A
banking organization within the meaning of subdivision six-a of this
section, foreign banking corporation, licensed lender, LICENSED BUY-NOW-
PAY-LATER LENDER, licensed casher of checks, licensed mortgage banker,
registered mortgage broker, licensed mortgage loan originator, licensed
sales finance company, registered mortgage loan servicer, licensed
student loan servicer, licensed insurance premium finance agency,
licensed transmitter of money, licensed budget planner, any other person
or entity subject to supervision under this chapter, or the department,
shall be confidential communications, shall not be subject to subpoena
and shall not be made public unless, in the judgment of the superinten-
dent, the ends of justice and the public advantage will be subserved by
the publication thereof, in which event the superintendent may publish
or authorize the publication of a copy of any such report or any part
thereof in such manner as may be deemed proper or unless such laws
specifically authorize such disclosure. For the purposes of this subdi-
vision, "reports of examinations and investigations, and any correspond-
ence and memoranda concerning or arising out of such examinations and
investigations", includes any such materials of a bank, insurance or
securities regulatory agency or any unit of the federal government or
that of this state any other state or that of any foreign government
which are considered confidential by such agency or unit and which are
in the possession of the department or which are otherwise confidential
materials that have been shared by the department with any such agency
or unit and are in the possession of such agency or unit.
§ 4. Subdivisions 3 and 5 of section 37 of the banking law, as amended
by chapter 360 of the laws of 1984, are amended to read as follows:
3. In addition to any reports expressly required by this chapter to be
made, the superintendent may require any banking organization, licensed
lender, LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks,
licensed mortgage banker, foreign banking corporation licensed by the
superintendent to do business in this state, bank holding company and
any non-banking subsidiary thereof, corporate affiliate of a corporate
banking organization within the meaning of subdivision six of section
thirty-six of this article and any non-banking subsidiary of a corpo-
ration which is an affiliate of a corporate banking organization within
the meaning of subdivision six-a of section thirty-six of this article
to make special reports to him at such times as he may prescribe.
5. The superintendent may extend at his discretion the time within
which a banking organization, foreign banking corporation licensed by
the superintendent to do business in this state, bank holding company or
any non-banking subsidiary thereof, licensed casher of checks, licensed
mortgage banker, private banker, LICENSED BUY-NOW-PAY-LATER LENDER or
licensed lender is required to make and file any report to the super-
intendent.
§ 5. Section 39 of the banking law, as amended by section 3 of part L
of chapter 58 of the laws of 2019, is amended to read as follows:
§ 39. Orders of superintendent. 1. To appear and explain an apparent
violation. Whenever it shall appear to the superintendent that any bank-
ing organization, bank holding company, registered mortgage broker,
licensed mortgage banker, licensed student loan servicer, registered
mortgage loan servicer, licensed mortgage loan originator, licensed
lender, LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks,
licensed sales finance company, licensed insurance premium finance agen-
cy, licensed transmitter of money, licensed budget planner, out-of-state
state bank that maintains a branch or branches or representative or
other offices in this state, or foreign banking corporation licensed by
S. 8308--A 109 A. 8808--A
the superintendent to do business or maintain a representative office in
this state has violated any law or regulation, he or she may, in his or
her discretion, issue an order describing such apparent violation and
requiring such banking organization, bank holding company, registered
mortgage broker, licensed mortgage banker, licensed student loan servi-
cer, licensed mortgage loan originator, licensed lender, LICENSED BUY-
NOW-PAY-LATER LENDER, licensed casher of checks, licensed sales finance
company, licensed insurance premium finance agency, licensed transmitter
of money, licensed budget planner, out-of-state state bank that main-
tains a branch or branches or representative or other offices in this
state, or foreign banking corporation to appear before him or her, at a
time and place fixed in said order, to present an explanation of such
apparent violation.
2. To discontinue unauthorized or unsafe and unsound practices. When-
ever it shall appear to the superintendent that any banking organiza-
tion, bank holding company, registered mortgage broker, licensed mort-
gage banker, licensed student loan servicer, registered mortgage loan
servicer, licensed mortgage loan originator, licensed lender, LICENSED
BUY-NOW-PAY-LATER LENDER, licensed casher of checks, licensed sales
finance company, licensed insurance premium finance agency, licensed
transmitter of money, licensed budget planner, out-of-state state bank
that maintains a branch or branches or representative or other offices
in this state, or foreign banking corporation licensed by the super-
intendent to do business in this state is conducting business in an
unauthorized or unsafe and unsound manner, he or she may, in his or her
discretion, issue an order directing the discontinuance of such unau-
thorized or unsafe and unsound practices, and fixing a time and place at
which such banking organization, bank holding company, registered mort-
gage broker, licensed mortgage banker, licensed student loan servicer,
registered mortgage loan servicer, licensed mortgage loan originator,
licensed lender, LICENSED BUY-NOW-PAY-LATER LICENSED, licensed casher of
checks, licensed sales finance company, licensed insurance premium
finance agency, licensed transmitter of money, licensed budget planner,
out-of-state state bank that maintains a branch or branches or represen-
tative or other offices in this state, or foreign banking corporation
may voluntarily appear before him or her to present any explanation in
defense of the practices directed in said order to be discontinued.
3. To make good impairment of capital or to ensure compliance with
financial requirements. Whenever it shall appear to the superintendent
that the capital or capital stock of any banking organization, bank
holding company or any subsidiary thereof which is organized, licensed
or registered pursuant to this chapter, is impaired, or the financial
requirements imposed by subdivision one of section two hundred two-b of
this chapter or any regulation of the superintendent on any branch or
agency of a foreign banking corporation or the financial requirements
imposed by this chapter or any regulation of the superintendent on any
licensed lender, LICENSED BUY-NOW-PAY-LATER LENDER, registered mortgage
broker, licensed mortgage banker, licensed student loan servicer,
licensed casher of checks, licensed sales finance company, licensed
insurance premium finance agency, licensed transmitter of money,
licensed budget planner or private banker are not satisfied, the super-
intendent may, in the superintendent's discretion, issue an order
directing that such banking organization, bank holding company, branch
or agency of a foreign banking corporation, registered mortgage broker,
licensed mortgage banker, licensed student loan servicer, licensed lend-
er, LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks,
S. 8308--A 110 A. 8808--A
licensed sales finance company, licensed insurance premium finance agen-
cy, licensed transmitter of money, licensed budget planner, or private
banker make good such deficiency forthwith or within a time specified in
such order.
4. To make good encroachments on reserves. Whenever it shall appear to
the superintendent that either the total reserves or reserves on hand of
any banking organization, branch or agency of a foreign banking corpo-
ration are below the amount required by or pursuant to this chapter or
any other applicable provision of law or regulation to be maintained, or
that such banking organization, branch or agency of a foreign banking
corporation is not keeping its reserves on hand as required by this
chapter or any other applicable provision of law or regulation, he or
she may, in his or her discretion, issue an order directing that such
banking organization, branch or agency of a foreign banking corporation
make good such reserves forthwith or within a time specified in such
order, or that it keep its reserves on hand as required by this chapter.
5. To keep books and accounts as prescribed. Whenever it shall appear
to the superintendent that any banking organization, bank holding compa-
ny, registered mortgage broker, licensed mortgage banker, licensed
student loan servicer, registered mortgage loan servicer, licensed mort-
gage loan originator, licensed lender, LICENSED BUY-NOW-PAY-LATER LEND-
ER, licensed casher of checks, licensed sales finance company, licensed
insurance premium finance agency, licensed transmitter of money,
licensed budget planner, agency or branch of a foreign banking corpo-
ration licensed by the superintendent to do business in this state, does
not keep its books and accounts in such manner as to enable him or her
to readily ascertain its true condition, he or she may, in his or her
discretion, issue an order requiring such banking organization, bank
holding company, registered mortgage broker, licensed mortgage banker,
licensed student loan servicer, registered mortgage loan servicer,
licensed mortgage loan originator, licensed lender, LICENSED BUY-NOW-
PAY-LATER LENDER, licensed casher of checks, licensed sales finance
company, licensed insurance premium finance agency, licensed transmitter
of money, licensed budget planner, or foreign banking corporation, or
the officers or agents thereof, or any of them, to open and keep such
books or accounts as he or she may, in his or her discretion, determine
and prescribe for the purpose of keeping accurate and convenient records
of its transactions and accounts.
6. As used in this section, "bank holding company" shall have the same
meaning as that term is defined in section one hundred forty-one of this
chapter.
§ 6. Subdivision 1 of section 42 of the banking law, as amended by
chapter 65 of the laws of 1948, is amended to read as follows:
1. The name and the location of the principal office of every proposed
corporation, private banker, licensed lender, LICENSED BUY-NOW-PAY-LATER
LENDER and licensed casher of checks, the organization certificate,
private banker's certificate or application for license of which has
been filed for examination, and the date of such filing.
§ 7. Subdivision 2 of section 42 of the banking law, as amended by
chapter 553 of the laws of 1960, is amended to read as follows:
2. The name and location of every licensed lender, LICENSED BUY-NOW-
PAY-LATER LENDER and licensed casher of checks, and the name, location,
amount of capital stock or permanent capital and amount of surplus of
every corporation and private banker and the minimum assets required of
every branch of a foreign banking corporation authorized to commence
business, and the date of authorization or licensing.
S. 8308--A 111 A. 8808--A
§ 8. Subdivision 3 of section 42 of the banking law, as amended by
chapter 553 of the laws of 1960, is amended to read as follows:
3. The name of every proposed corporation, private banker, branch of a
foreign banking corporation, licensed lender, LICENSED BUY-NOW-PAY-LATER
LENDER and licensed casher of checks to which a certificate of authori-
zation or a license has been refused and the date of notice of refusal.
§ 9. Subdivision 4 of section 42 of the banking law, as amended by
chapter 60 of the laws of 1957, is amended to read as follows:
4. The name and location of every private banker, licensed lender,
licensed casher of checks, sales finance company, LICENSED BUY-NOW-PAY-
LATER LENDER and foreign corporation the authorization certificate or
license of which has been revoked, and the date of such revocation.
§ 10. Subdivision 5 of section 42 of the banking law, as amended by
chapter 249 of the laws of 1968, is amended to read as follows:
5. The name of every banking organization, licensed lender, licensed
casher of checks, LICENSED BUY-NOW-PAY-LATER LENDER and foreign corpo-
ration which has applied for leave to change its place or one of its
places of business and the places from and to which the change is
proposed to be made; the name of every banking organization which has
applied to change the designation of its principal office to a branch
office and to change the designation of one of its branch offices to its
principal office, and the location of the principal office which is
proposed to be redesignated as a branch office and of the branch office
which is proposed to be redesignated as the principal office.
§ 11. Subdivision 6 of section 42 of the banking law, as amended by
chapter 249 of the laws of 1968, is amended to read as follows:
6. The name of every banking organization, licensed lender, licensed
casher of checks, LICENSED BUY-NOW-PAY-LATER LENDER and foreign corpo-
ration authorized to change its place or one of its places of business
and the date when and the places from and to which the change is author-
ized to be made; the name of every banking organization authorized to
change the designation of its principal office to a branch office and to
change the designation of a branch office to its principal office, the
location of the redesignated principal office and of the redesignated
branch office, and the date of such change.
§ 12. Paragraph (a) of subdivision 1 of section 44 of the banking law,
as amended by section 4 of part L of chapter 58 of the laws of 2019, is
amended to read as follows:
(a) Without limiting any power granted to the superintendent under any
other provision of this chapter, the superintendent may, in a proceeding
after notice and a hearing, require any safe deposit company, licensed
lender, LICENSED BUY-NOW-PAY-LATER LENDER licensed casher of checks,
licensed sales finance company, licensed insurance premium finance agen-
cy, licensed transmitter of money, licensed mortgage banker, licensed
student loan servicer, registered mortgage broker, licensed mortgage
loan originator, registered mortgage loan servicer or licensed budget
planner to pay to the people of this state a penalty for any violation
of this chapter, any regulation promulgated thereunder, any final or
temporary order issued pursuant to section thirty-nine of this article,
any condition imposed in writing by the superintendent in connection
with the grant of any application or request, or any written agreement
entered into with the superintendent.
§ 13. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of
any rule or regulation authorized to be made by the superintendent
S. 8308--A 112 A. 8808--A
pursuant to this act is authorized to be made and completed on or before
such effective date.
PART DD
Section 1. Subsection (g) of section 3420 of the insurance law, as
amended by chapter 735 of the laws of 2022, is amended to read as
follows:
(g) (1) Except as otherwise provided in paragraph two of this
subsection, no policy or contract shall be deemed to insure against any
liability of an insured because of death of or injuries to [his or her]
THE INSURED'S spouse or because of injury to, or destruction of property
of [his or her] THE INSURED'S spouse unless express provision relating
specifically thereto is included in the policy. This exclusion shall
apply only where the injured spouse, to be entitled to recover, must
prove the culpable conduct of the insured spouse.
(2) (A) [Every] (I) UPON PAYMENT OF A REASONABLE PREMIUM ESTABLISHED
IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER, AN insurer
issuing or delivering any policy that satisfies the requirements of
article six of the vehicle and traffic law AND IS SUBJECT TO SECTION
THREE THOUSAND FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE shall provide
coverage in such A policy ISSUED TO A FIRST NAMED INSURED WHO HAS INDI-
CATED THAT SUCH INSURED HAS A SPOUSE ON THE INSURANCE APPLICATION,
against liability of an insured because of death of or injuries to [his
or her] THE INSURED'S spouse up to the liability insurance limits
provided under such policy even where the injured spouse, to be entitled
to recover, must prove the culpable conduct of the insured spouse,
unless [the] A FIRST NAMED insured elects, in writing and in such form
as the superintendent determines, to decline and refuse such coverage in
[his or her] THE FIRST NAMED INSURED'S policy. Such insurance coverage
shall be known as "supplemental spousal liability insurance".
(II) UPON WRITTEN REQUEST OF AN INSURED, AND UPON PAYMENT OF A REASON-
ABLE PREMIUM ESTABLISHED IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS
CHAPTER, AN INSURER ISSUING OR DELIVERING ANY POLICY THAT SATISFIES THE
REQUIREMENTS OF ARTICLE SIX OF THE VEHICLE AND TRAFFIC LAW, OTHER THAN
AS SPECIFIED IN CLAUSE (I) OF THIS SUBPARAGRAPH, SHALL PROVIDE COVERAGE
IN SUCH A POLICY AGAINST LIABILITY OF AN INSURED BECAUSE OF DEATH OF OR
INJURIES TO THE INSURED'S SPOUSE UP TO THE LIABILITY INSURANCE LIMITS
PROVIDED UNDER SUCH POLICY EVEN WHERE THE INJURED SPOUSE, TO BE ENTITLED
TO RECOVER, MUST PROVE THE CULPABLE CONDUCT OF THE INSURED SPOUSE.
(B) Upon issuance[, renewal or amendment] of a motor vehicle liability
policy that satisfies the requirements of article six of the vehicle and
traffic law AND IS SUBJECT TO SECTION THREE THOUSAND FOUR HUNDRED TWEN-
TY-FIVE OF THIS ARTICLE, the insurer shall notify [the] A FIRST NAMED
insured WHO HAS INDICATED THAT SUCH INSURED HAS A SPOUSE ON THE INSUR-
ANCE APPLICATION, in writing, that such policy shall include supple-
mental spousal liability insurance unless [the] A FIRST NAMED insured
declines and refuses such insurance, in writing and in such form as
shall be determined by the superintendent. Such notification shall be
contained on the front of the premium notice in boldface type and
include a concise statement that [supplementary] SUPPLEMENTAL spousal
coverage is provided unless declined by [the] A FIRST NAMED insured, an
explanation of such coverage, and the insurer's premium for such cover-
age.
(C) A NOTIFICATION OF THE AVAILABILITY OF SUPPLEMENTAL SPOUSAL LIABIL-
ITY INSURANCE SHALL BE PROVIDED UPON POLICY ISSUANCE, OTHER THAN FOR THE
S. 8308--A 113 A. 8808--A
POLICIES TO WHICH THE NOTIFICATION REQUIREMENT IN SUBPARAGRAPH (B) OF
THIS PARAGRAPH APPLIES, AND AT LEAST ONCE A YEAR FOR ALL MOTOR VEHICLE
LIABILITY POLICIES THAT SATISFY THE REQUIREMENTS OF ARTICLE SIX OF THE
VEHICLE AND TRAFFIC LAW, WHERE THE POLICY DOES NOT ALREADY PROVIDE
SUPPLEMENTAL SPOUSAL LIABILITY INSURANCE. SUCH NOTICE SHALL BE
CONTAINED ON THE FRONT OF THE PREMIUM NOTICE IN BOLDFACE TYPE AND
INCLUDE A CONCISE STATEMENT THAT SUPPLEMENTAL SPOUSAL LIABILITY COVERAGE
IS AVAILABLE, AN EXPLANATION OF SUCH COVERAGE, AND THE INSURER'S PREMIUM
FOR SUCH COVERAGE.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however that the amendments to
subsection (g) of section 3420 of the insurance law made by section one
of this act shall be subject to the expiration and reversion of such
subsection pursuant to section 2 of chapter 735 of the laws of 2022, as
amended.
PART EE
Section 1. Subparagraph (B) of paragraph 15-a of subsection (i) of
section 3216 of the insurance law, as amended by section 1 of part DDD
of chapter 56 of the laws of 2020, is amended to read as follows:
(B) Such coverage may be subject to annual deductibles and coinsurance
as may be deemed appropriate by the superintendent and as are consistent
with those established for other benefits within a given policy;
provided, however, [the total amount] that [a covered person is required
to pay out of pocket for] covered prescription insulin drugs shall [be
capped at an amount not to exceed one hundred dollars per thirty-day
supply, regardless of the amount or type of insulin needed to fill such
covered person's prescription and regardless of the insured's] NOT BE
SUBJECT TO A deductible, copayment, coinsurance or any other cost shar-
ing requirement.
§ 2. Subparagraph (B) of paragraph 7 of subsection (k) of section 3221
of the insurance law, as amended by section 2 of part DDD of chapter 56
of the laws of 2020, is amended to read as follows:
(B) Such coverage may be subject to annual deductibles and coinsurance
as may be deemed appropriate by the superintendent and as are consistent
with those established for other benefits within a given policy;
provided, however, [the total amount] that [a covered person is required
to pay out of pocket for] covered prescription insulin drugs shall [be
capped at an amount not to exceed one hundred dollars per thirty-day
supply, regardless of the amount or type of insulin needed to fill such
covered person's prescription and regardless of the insured's] NOT BE
SUBJECT TO A deductible, copayment, coinsurance or any other cost shar-
ing requirement.
§ 3. Paragraph 2 of subsection (u) of section 4303 of the insurance
law, as amended by section 3 of part DDD of chapter 56 of the laws of
2020, is amended to read as follows:
(2) Such coverage may be subject to annual deductibles and coinsurance
as may be deemed appropriate by the superintendent and as are consistent
with those established for other benefits within a given policy;
provided, however, [the total amount] that [a covered person is required
to pay out of pocket for] covered prescription insulin drugs shall [be
capped at an amount not to exceed one hundred dollars per thirty-day
supply, regardless of the amount or type of insulin needed to fill such
covered person's prescription and regardless of the insured's] NOT BE
S. 8308--A 114 A. 8808--A
SUBJECT TO A deductible, copayment, coinsurance or any other cost shar-
ing requirement.
§ 4. This act shall take effect January 1, 2025 and shall apply to
any policy or contract issued, renewed, modified, altered, or amended on
or after such date.
PART FF
Section 1. The insurance law is amended by adding a new section 3423
to read as follows:
§ 3423. AFFORDABLE HOUSING UNDERWRITING AND RATING. (A) AN INSURER
THAT ISSUES OR DELIVERS IN THIS STATE INSURANCE COVERING LOSS OF OR
DAMAGE TO REAL PROPERTY CONTAINING UNITS USED FOR RESIDENTIAL PURPOSES
SHALL NOT INQUIRE ABOUT ON AN APPLICATION, NOR SHALL AN INSURER CANCEL,
REFUSE TO ISSUE, REFUSE TO RENEW, OR INCREASE THE PREMIUM OF A POLICY
BASED ON, THE FOLLOWING:
(1) THE LEVEL OR SOURCE OF INCOME OF AN INDIVIDUAL OR GROUP OF INDI-
VIDUALS RESIDING OR INTENDING TO RESIDE UPON THE PROPERTY TO BE INSURED,
IF THE INDIVIDUAL OR GROUP OF INDIVIDUALS IS NOT THE OWNER OF THE REAL
PROPERTY;
(2) THE REAL PROPERTY CONTAINING ANY RESIDENTIAL DWELLING UNITS THAT
MUST BE AFFORDABLE TO RESIDENTS AT A SPECIFIC INCOME LEVEL PURSUANT TO
STATUTE, REGULATIONS, RESTRICTIVE DECLARATION, OR PURSUANT TO A REGULA-
TORY AGREEMENT WITH A STATE OR LOCAL GOVERNMENT ENTITY; OR
(3) THE REAL PROPERTY OWNER OR THE RESIDENTS THEREIN RECEIVING GOVERN-
MENT HOUSING SUBSIDIES, INCLUDING THE RECEIPT OF FEDERAL VOUCHERS ISSUED
UNDER SECTION EIGHT OF THE UNITED STATES HOUSING ACT OF 1937 (42 U.S.C.
§ 1437F).
(B) NOTHING IN THIS SECTION SHALL PROHIBIT AN INSURER FROM REFUSING TO
ACCEPT AN APPLICATION FOR, CANCELING, REFUSING TO ISSUE, REFUSING TO
RENEW, OR INCREASING THE PREMIUM OF, AN INSURANCE POLICY AS A RESULT OF
UNDERWRITING OR RATING FACTORS, EXCEPT AS SPECIFIED IN SUBSECTION (A) OF
THIS SECTION OR AS OTHERWISE PROHIBITED BY THIS CHAPTER OR ANY OTHER
LAW.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
PART GG
Section 1. The general business law is amended by adding a new article
28-G to read as follows:
ARTICLE 28-G
BATTERIES FOR MICROMOBILITY DEVICES
SECTION 495. DEFINITIONS.
496. SALE OF LITHIUM-ION BATTERIES AND SECOND-USE LITHIUM-ION
BATTERIES.
§ 495. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "LITHIUM-ION BATTERY" MEANS A STORAGE BATTERY IN WHICH AN ELEC-
TRICAL CURRENT IS GENERATED BY LITHIUM IONS EMBEDDED IN A CARBON
GRAPHITE OR NICKEL METAL-OXIDE SUBSTRATE PLACED IN A HIGH-VISCOSITY
CARBONATE MIXTURE OR GELLED POLYMER ELECTROLYTE.
2. "SECOND-USE LITHIUM-ION BATTERY" MEANS A LITHIUM-ION BATTERY THAT
HAS BEEN ASSEMBLED, REFURBISHED, REPAIRED, REPURPOSED OR RECONDITIONED
USING CELLS REMOVED FROM USED BATTERIES.
S. 8308--A 115 A. 8808--A
3. "MICROMOBILITY DEVICE" MEANS AN ELECTRIC SCOOTER AS DEFINED IN
SECTION ONE HUNDRED FOURTEEN-E OF THE VEHICLE AND TRAFFIC LAW OR OTHER
PERSONAL MOBILITY DEVICE POWERED BY A LITHIUM-ION OR OTHER STORAGE
BATTERY. THE TERM "MICROMOBILITY DEVICE" DOES NOT INCLUDE BICYCLES WITH
ELECTRIC ASSIST AS DEFINED IN SECTION ONE HUNDRED TWO-C OF THE VEHICLE
AND TRAFFIC LAW, WHEELCHAIRS OR OTHER MOBILITY DEVICES DESIGNED FOR USE
BY PERSONS WITH DISABILITIES, OR ANY VEHICLE THAT IS CAPABLE OF BEING
REGISTERED WITH THE DEPARTMENT OF MOTOR VEHICLES.
4. "ACCREDITED TESTING LABORATORY" MEANS A NATIONALLY RECOGNIZED TEST-
ING LABORATORY AS RECOGNIZED BY THE FEDERAL OCCUPATIONAL SAFETY AND
HEALTH ADMINISTRATION OR AN INDEPENDENT LABORATORY THAT HAS BEEN CERTI-
FIED BY AN ACCREDITING BODY TO ISO 17025 OR ISO 17065.
§ 496. SALE OF LITHIUM-ION BATTERIES AND SECOND-USE LITHIUM-ION
BATTERIES. 1. (A) NO PERSON SHALL DISTRIBUTE, ASSEMBLE, RECONDITION,
SELL OR OFFER FOR SALE A LITHIUM-ION BATTERY OR A SECOND-USE LITHIUM-ION
BATTERY INTENDED FOR USE IN A BICYCLE WITH ELECTRIC ASSIST AS DEFINED IN
SECTION ONE HUNDRED TWO-C OF THE VEHICLE AND TRAFFIC LAW UNLESS THE
LITHIUM-ION BATTERY OR SECOND-USE LITHIUM-ION BATTERY HAS BEEN CERTIFIED
BY AN ACCREDITED TESTING LABORATORY FOR COMPLIANCE WITH A BATTERY STAND-
ARD REFERENCED IN UL 2849, UL 2271 OR EN 15194, OR SUCH OTHER SAFETY
STANDARD APPROVED BY THE DEPARTMENT OF STATE PURSUANT TO REGULATION, AND
LABELED ACCORDINGLY.
(B) NO PERSON SHALL DISTRIBUTE, ASSEMBLE, RECONDITION, SELL OR OFFER
FOR SALE A LITHIUM-ION BATTERY OR A SECOND-USE LITHIUM-ION BATTERY
INTENDED FOR USE IN A MICROMOBILITY DEVICE UNLESS THE LITHIUM-ION
BATTERY OR SECOND-USE LITHIUM-ION BATTERY HAS BEEN CERTIFIED BY AN
ACCREDITED TESTING LABORATORY FOR COMPLIANCE WITH UL 2271 OR UL 2272, OR
SUCH OTHER SAFETY STANDARD APPROVED BY THE DEPARTMENT OF STATE PURSUANT
TO REGULATION, AND LABELED ACCORDINGLY.
2. A PERSON WHO VIOLATES SUBDIVISION ONE OF THIS SECTION IS LIABLE FOR
A CIVIL PENALTY AS FOLLOWS:
(A) FOR THE FIRST VIOLATION, A CIVIL PENALTY OF TWO HUNDRED DOLLARS;
AND
(B) FOR EACH SUBSEQUENT VIOLATION ISSUED FOR THE SAME OFFENSE WITHIN
TWO YEARS OF THE DATE OF A FIRST VIOLATION, A CIVIL PENALTY OF NOT MORE
THAN ONE THOUSAND DOLLARS.
3. EACH FAILURE TO COMPLY WITH SUBDIVISION ONE OF THIS SECTION WITH
RESPECT TO EACH SEPARATE LITHIUM-ION BATTERY OR SECOND-USE LITHIUM-ION
BATTERY CONSTITUTES A SEPARATE VIOLATION.
4. THE DISTRICT ATTORNEY, COUNTY ATTORNEY, AND THE CORPORATION COUNSEL
SHALL HAVE CONCURRENT AUTHORITY TO SEEK THE RELIEF IN THIS SECTION, AND
ALL CIVIL PENALTIES OBTAINED IN ANY SUCH ACTION SHALL BE RETAINED BY
SUCH MUNICIPALITY OR COUNTY.
5. THE DEPARTMENT OF STATE MAY PROMULGATE RULES AND REGULATIONS THAT
PROVIDE FOR ANY ADDITIONAL ACCEPTABLE SAFETY STANDARD RELATING TO A
LITHIUM-ION BATTERY OR SECOND-USE LITHIUM-ION BATTERY.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
PART HH
Section 1. Paragraph 1 of subsection (c) of section 109 of the insur-
ance law, as amended by section 1 of subpart B of part AA of chapter 57
of the laws of 2022, is amended to read as follows:
(1) (A) If the superintendent finds after notice and hearing that any
authorized insurer, representative of the insurer, licensed insurance
S. 8308--A 116 A. 8808--A
agent, licensed insurance broker, licensed adjuster, or any other person
or entity licensed, certified, registered, or authorized pursuant to
this chapter, has willfully violated the provisions of this chapter or
any regulation promulgated thereunder or with respect to accident and
health insurance, any provision of titles one or two of division BB of
the Consolidated Appropriations Act of 2021 (Pub. L. No. 116-260), as
may be amended from time-to-time, and any regulations promulgated there-
under, then the superintendent may order the person or entity to pay to
the people of this state a penalty in a sum not exceeding one thousand
dollars for each offense.
(B) IF THE SUPERINTENDENT FINDS AFTER NOTICE AND HEARING THAT ANY
AUTHORIZED INSURER OR REPRESENTATIVE THEREOF HAS WILLFULLY VIOLATED ANY
MENTAL HEALTH OR SUBSTANCE USE DISORDER PROVISION OF THIS CHAPTER OR ANY
REGULATION PROMULGATED THEREUNDER, OR THE FEDERAL PAUL WELLSTONE AND
PETE DOMENICI MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT OF 2008 (29
U.S.C. § 1185A) OR ANY REGULATION PROMULGATED THEREUNDER, THEN THE
SUPERINTENDENT MAY ORDER THE AUTHORIZED INSURER OR REPRESENTATIVE THERE-
OF TO PAY TO THE PEOPLE OF THIS STATE A PENALTY IN A SUM NOT EXCEEDING
TWO THOUSAND DOLLARS FOR EACH OFFENSE.
§ 2. This act shall take effect immediately.
PART II
Section 1. The general business law is amended by adding a new section
352-m to read as follows:
§ 352-M. PROTECTING ELIGIBLE ADULTS FROM EXPLOITATION. 1. DEFINITIONS.
AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
(A) "ADULT PROTECTIVE SERVICES" MEANS THE DIVISION OF THE NEW YORK
CITY HUMAN RESOURCES ADMINISTRATION AND EACH COUNTY AGENCY RESPONSIBLE
FOR PROVIDING ADULT PROTECTIVE SERVICES PURSUANT TO SECTION FOUR HUNDRED
SEVENTY-THREE OF THE SOCIAL SERVICES LAW.
(B) "FINANCIAL EXPLOITATION" MEANS: (I) THE IMPROPER USE OF AN ELIGI-
BLE ADULT'S FUNDS, PROPERTY, INCOME OR ASSETS; OR (II) ANY ACT OR OMIS-
SION BY A PERSON, INCLUDING THROUGH THE USE OF A POWER OF ATTORNEY,
GUARDIANSHIP OR ANY OTHER AUTHORITY REGARDING AN ELIGIBLE ADULT TO: (A)
OBTAIN CONTROL, THROUGH DECEPTION, INTIMIDATION, THREATS OR UNDUE INFLU-
ENCE OVER THE ELIGIBLE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY; OR
(B) CONVERT THE ELIGIBLE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY.
(C) "LAW ENFORCEMENT AGENCY" MEANS ANY AGENCY, WHICH IS EMPOWERED BY
LAW TO MAKE AN ARREST FOR A FELONY, AND ANY AGENCY WHICH IS AUTHORIZED
BY LAW TO PROSECUTE A FELONY AND INCLUDING ANY POLICE OFFICER AS DEFINED
BY SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW
AND ANY PROSECUTOR.
(D) "TRANSACTION HOLD" MEANS A DELAY IN THE COMPLETION OF ONE OR MORE
FINANCIAL TRANSACTIONS PENDING AN INVESTIGATION BY A BROKER-DEALER,
INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL, ADULT PROTECTIVE SERVICES,
OR A LAW ENFORCEMENT AGENCY.
(E) "ELIGIBLE ADULT" MEANS AN INDIVIDUAL WHO IS: SIXTY-FIVE YEARS OF
AGE OR OLDER; OR AT LEAST THE AGE OF EIGHTEEN AND WHO, BECAUSE OF MENTAL
OR PHYSICAL IMPAIRMENT, IS UNABLE TO MANAGE THEIR OWN RESOURCES OR
PROTECT THEMSELVES FROM FINANCIAL EXPLOITATION WITHOUT ASSISTANCE FROM
OTHERS.
2. NOTIFICATION. IF A BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED
INDIVIDUAL REASONABLY BELIEVES FINANCIAL EXPLOITATION OF AN ELIGIBLE
ADULT HAS OCCURRED, HAS BEEN ATTEMPTED, OR IS BEING ATTEMPTED, SUCH
S. 8308--A 117 A. 8808--A
BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL MAY PROMPTLY
NOTIFY THE ADULT PROTECTIVE SERVICES AND LAW ENFORCEMENT.
3. APPLICATION OF TRANSACTION HOLD. (A) IF AN EMPLOYEE OF A BROKER-
DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL REASONABLY BELIEVES
THAT FINANCIAL EXPLOITATION OF AN ELIGIBLE ADULT MAY HAVE OCCURRED, MAY
HAVE BEEN ATTEMPTED, OR IS BEING ATTEMPTED, THEN SUCH BROKER-DEALER,
INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL MAY PLACE A TRANSACTION HOLD
ON SUCH TRANSACTION.
(B) A BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL SHALL
APPLY A TRANSACTION HOLD TO A TRANSACTION IF ADULT PROTECTIVE SERVICES
OR A LAW ENFORCEMENT AGENCY NOTIFIES SUCH BROKER-DEALER, INVESTMENT
ADVISER, OR QUALIFIED INDIVIDUAL THAT IT REASONABLY BELIEVES THAT THE
TRANSACTION IS THE SUBJECT OF OR RELATED TO FINANCIAL EXPLOITATION OF AN
ELIGIBLE ADULT.
(C) A BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL THAT
APPLIES A TRANSACTION HOLD SHALL: (I) PROVIDE NOTICE OF SUCH HOLD, IN
WRITING, TO ALL PARTIES AUTHORIZED TO TRANSACT BUSINESS ON THE ACCOUNT
THAT IS THE SUBJECT OF A TRANSACTION HOLD, AS WELL AS ANY DESIGNATED
THIRD PARTY, NO LATER THAN ONE BUSINESS DAY AFTER THE APPLICATION OF THE
TRANSACTION HOLD; (II) IF THE TRANSACTION HOLD HAS BEEN APPLIED PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION, NO LATER THAN ONE BUSINESS DAY
AFTER APPLICATION OF THE TRANSACTION HOLD, REPORT THE TRANSACTION HOLD,
INCLUDING THE BASIS FOR THE BROKER-DEALER, INVESTMENT ADVISER, OR QUALI-
FIED INDIVIDUAL'S BELIEF THAT THE TRANSACTION IS THE SUBJECT OF OR
RELATED TO FINANCIAL EXPLOITATION OF AN ELIGIBLE ADULT TO ADULT PROTEC-
TIVE SERVICES IN ITS DISTRICT AND TO A LAW ENFORCEMENT AGENCY; AND (III)
AT THE REQUEST OF ADULT PROTECTIVE SERVICES OR A LAW ENFORCEMENT AGENCY,
PROVIDE ANY INFORMATION AND DOCUMENTS RELATING TO THE TRANSACTION HOLD
WITHIN THREE BUSINESS DAYS AFTER THE REQUEST FOR SUCH INFORMATION OR
DOCUMENTS.
4. DURATION OF TRANSACTION HOLD. A TRANSACTION HOLD SHALL EXPIRE
FIFTEEN BUSINESS DAYS AFTER ITS APPLICATION EXCEPT THAT (I) A TRANS-
ACTION HOLD SHALL BE EXTENDED FOR NO MORE THAN TWENTY-FIVE ADDITIONAL
BUSINESS DAYS UPON REQUEST FROM ADULT PROTECTIVE SERVICES OR A LAW
ENFORCEMENT AGENCY; (II) AT ANY TIME, A BROKER-DEALER, INVESTMENT ADVIS-
ER, OR QUALIFIED INDIVIDUAL SHALL RELEASE A TRANSACTION HOLD NOT MORE
THAN ONE BUSINESS DAY AFTER SUCH BROKER-DEALER, INVESTMENT ADVISER, OR
QUALIFIED INDIVIDUAL RECEIVES NOTICE FROM ADULT PROTECTIVE SERVICES OR
THE LAW ENFORCEMENT AGENCY THAT REQUESTED THE TRANSACTION HOLD OR TO
WHICH THE BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL
REPORTED THE TRANSACTION HOLD, THAT SUCH AGENCY DOES NOT HAVE OR NO
LONGER HAS A REASONABLE BASIS TO BELIEVE THAT THE HELD TRANSACTION IS
THE SUBJECT OF OR RELATED TO FINANCIAL EXPLOITATION; (III) IF A BROKER-
DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL NO LONGER REASONABLY
BELIEVES THAT A TRANSACTION IS THE SUBJECT OF OR RELATED TO FINANCIAL
EXPLOITATION, IT MAY RELEASE A TRANSACTION HOLD APPLIED TO THAT TRANS-
ACTION, PROVIDED THAT ADULT PROTECTIVE SERVICES OR THE LAW ENFORCEMENT
AGENCY, THE BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL
HAS NOTIFIED OF SUCH HOLD PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (C)
OF SUBDIVISION THREE OF THIS SECTION DOES NOT OBJECT; (IV) A TRANSACTION
HOLD MAY BE EXTENDED IN ACCORDANCE WITH AN ORDER ISSUED BY A COURT OF
COMPETENT JURISDICTION; AND (V) A TRANSACTION HOLD MAY BE TERMINATED AT
ANY TIME PURSUANT TO AN ORDER ISSUED BY A COURT OF COMPETENT JURISDIC-
TION.
5. RECORDS. A BROKER-DEALER OR INVESTMENT ADVISER SHALL PROVIDE ACCESS
TO OR COPIES OF RECORDS THAT ARE RELEVANT TO THE SUSPECTED OR ATTEMPTED
S. 8308--A 118 A. 8808--A
FINANCIAL EXPLOITATION OF AN ELIGIBLE ADULT TO LAW ENFORCEMENT, EITHER
AS PART OF A NOTIFICATION OR IF IT IS NECESSARY OR APPROPRIATE IN THE
PUBLIC INTEREST AND FOR THE PROTECTION OF THE ELIGIBLE ADULT. THE
RECORDS MAY INCLUDE HISTORICAL RECORDS AS WELL AS RECORDS RELATING TO
THE MOST RECENT TRANSACTIONS THAT MAY COMPRISE FINANCIAL EXPLOITATION OF
AN ELIGIBLE ADULT. ALL RECORDS MADE AVAILABLE TO LAW ENFORCEMENT SHALL
BE CONSIDERED CONFIDENTIAL RECORDS AND SHALL NOT BE AVAILABLE FOR EXAM-
INATION BY THE PUBLIC.
6. IMMUNITY. A BROKER-DEALER, INVESTMENT ADVISER, OR A QUALIFIED INDI-
VIDUAL SHALL BE IMMUNE FROM CRIMINAL, CIVIL, AND ADMINISTRATIVE LIABIL-
ITY FOR GOOD FAITH ACTIONS IN RELATION TO THE APPLICATION OF THIS
SECTION, INCLUDING ANY GOOD FAITH DETERMINATION TO APPLY OR NOT APPLY A
TRANSACTION HOLD TO A TRANSACTION. NOTWITHSTANDING THE FOREGOING, SUCH
IMMUNITY SHALL NOT APPLY TO A DETERMINATION NOT TO IMPOSE A TRANSACTION
HOLD WHEN THE BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL
ENGAGES IN INTENTIONAL MISCONDUCT IN MAKING THE DETERMINATION, OR IF THE
DETERMINATION RESULTS FROM A CONFLICT OF INTEREST.
§ 2. The banking law is amended by adding a new section 4-d to read as
follows:
§ 4-D. PROTECTING ELIGIBLE ADULTS FROM FINANCIAL EXPLOITATION. 1.
DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "ADULT PROTECTIVE SERVICES" MEANS THE DIVISION OF THE NEW YORK
CITY HUMAN RESOURCES ADMINISTRATION AND EACH COUNTY AGENCY RESPONSIBLE
FOR PROVIDING ADULT PROTECTIVE SERVICES PURSUANT TO SECTION FOUR HUNDRED
SEVENTY-THREE OF THE SOCIAL SERVICES LAW.
(B) "BANKING INSTITUTION" MEANS ANY BANK, TRUST COMPANY, SAVINGS BANK,
SAVINGS AND LOAN ASSOCIATION, CREDIT UNION OR BRANCH OF A FOREIGN BANK-
ING CORPORATION THAT IS CHARTERED, ORGANIZED OR LICENSED UNDER THE LAWS
OF THIS STATE OR ANY OTHER STATE OR THE UNITED STATES, AND, IN THE ORDI-
NARY COURSE OF BUSINESS TAKES DEPOSIT ACCOUNTS IN THIS STATE.
(C) "FINANCIAL EXPLOITATION" MEANS: (I) THE IMPROPER USE OF AN ELIGI-
BLE ADULT'S FUNDS, PROPERTY, INCOME OR ASSETS; OR (II) ANY ACT OR OMIS-
SION BY A PERSON, INCLUDING THROUGH THE USE OF A POWER OF ATTORNEY,
GUARDIANSHIP OR ANY OTHER AUTHORITY REGARDING AN ELIGIBLE ADULT TO: (A)
OBTAIN CONTROL, THROUGH DECEPTION, INTIMIDATION, THREATS OR UNDUE INFLU-
ENCE OVER THE ELIGIBLE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY; OR
(B) CONVERT THE ELIGIBLE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY.
(D) "LAW ENFORCEMENT AGENCY" MEANS ANY AGENCY, WHICH IS EMPOWERED BY
LAW TO MAKE AN ARREST FOR A FELONY, AND ANY AGENCY WHICH IS AUTHORIZED
BY LAW TO PROSECUTE A FELONY AND INCLUDING ANY POLICE OFFICER AS DEFINED
BY SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW
AND ANY PROSECUTOR.
(E) "TRANSACTION HOLD" MEANS A DELAY IN THE COMPLETION OF ONE OR MORE
FINANCIAL TRANSACTIONS PENDING AN INVESTIGATION BY A BANKING INSTITU-
TION, ADULT PROTECTIVE SERVICES, OR A LAW ENFORCEMENT AGENCY.
(F) "ELIGIBLE ADULT" MEANS AN INDIVIDUAL WHO IS: SIXTY-FIVE YEARS OF
AGE OR OLDER; OR AT LEAST THE AGE OF EIGHTEEN AND WHO, BECAUSE OF MENTAL
OR PHYSICAL IMPAIRMENT, IS UNABLE TO MANAGE THEIR OWN RESOURCES OR
PROTECT THEMSELVES FROM FINANCIAL EXPLOITATION WITHOUT ASSISTANCE FROM
OTHERS.
2. APPLICATION OF TRANSACTION HOLD. (A) IF AN EMPLOYEE OF A BANKING
INSTITUTION REASONABLY BELIEVES THAT A FINANCIAL EXPLOITATION OF AN
ELIGIBLE ADULT MAY HAVE OCCURRED, MAY HAVE BEEN ATTEMPTED, OR IS BEING
ATTEMPTED, THEN THE BANKING INSTITUTION MAY PLACE A TRANSACTION HOLD ON
SUCH TRANSACTION.
S. 8308--A 119 A. 8808--A
(B) A BANKING INSTITUTION SHALL APPLY A TRANSACTION HOLD TO A TRANS-
ACTION IF ADULT PROTECTIVE SERVICES OR A LAW ENFORCEMENT AGENCY NOTIFIES
THE BANKING INSTITUTION THAT IT REASONABLY BELIEVES THAT THE TRANSACTION
IS THE SUBJECT OF OR RELATED TO FINANCIAL EXPLOITATION OF AN ELIGIBLE
ADULT.
(C) A BANKING INSTITUTION THAT APPLIES A TRANSACTION HOLD SHALL: (I)
PROVIDE NOTICE OF SUCH HOLD, IN WRITING, TO ALL PARTIES AUTHORIZED TO
TRANSACT BUSINESS ON THE ACCOUNT THAT IS THE SUBJECT OF A TRANSACTION
HOLD, AS WELL ANY DESIGNATED THIRD PARTY, NO LATER THAN ONE BUSINESS DAY
AFTER THE APPLICATION OF THE TRANSACTION HOLD; (II) IF THE TRANSACTION
HOLD HAS BEEN APPLIED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, NO
LATER THAN ONE BUSINESS DAY AFTER APPLICATION OF THE TRANSACTION HOLD,
REPORT THE TRANSACTION HOLD, INCLUDING THE BASIS FOR THE BANKING INSTI-
TUTION'S BELIEF THAT THE TRANSACTION IS THE SUBJECT OF OR RELATED TO
FINANCIAL EXPLOITATION OF AN ELIGIBLE ADULT TO ADULT PROTECTIVE SERVICES
IN ITS DISTRICT AND TO A LAW ENFORCEMENT AGENCY; AND (III) AT THE
REQUEST OF ADULT PROTECTIVE SERVICES OR A LAW ENFORCEMENT AGENCY,
PROVIDE ANY INFORMATION AND DOCUMENTS RELATING TO THE TRANSACTION HOLD
WITHIN THREE BUSINESS DAYS AFTER THE REQUEST FOR SUCH INFORMATION OR
DOCUMENTS.
3. NOTIFICATION. IF A BANKING INSTITUTION REASONABLY BELIEVES FINAN-
CIAL EXPLOITATION OF AN ELIGIBLE ADULT HAS OCCURRED, HAS BEEN ATTEMPTED,
OR IS BEING ATTEMPTED, THE BANKING INSTITUTION MAY PROMPTLY NOTIFY THE
ADULT PROTECTIVE SERVICES AND LAW ENFORCEMENT.
4. DURATION OF TRANSACTION HOLD. A TRANSACTION HOLD SHALL EXPIRE
FIFTEEN BUSINESS DAYS AFTER ITS APPLICATION EXCEPT THAT (I) A TRANS-
ACTION HOLD SHALL BE EXTENDED FOR NO MORE THAN TWENTY-FIVE ADDITIONAL
BUSINESS DAYS UPON REQUEST FROM ADULT PROTECTIVE SERVICES OR A LAW
ENFORCEMENT AGENCY; (II) AT ANY TIME, A BANKING INSTITUTION SHALL
RELEASE A TRANSACTION HOLD NOT MORE THAN ONE BUSINESS DAY AFTER SUCH
BANKING INSTITUTION RECEIVES NOTICE FROM ADULT PROTECTIVE SERVICES OR
THE LAW ENFORCEMENT AGENCY THAT REQUESTED THE TRANSACTION HOLD OR TO
WHICH THE BANKING INSTITUTION REPORTED THE TRANSACTION HOLD, THAT SUCH
AGENCY DOES NOT HAVE OR NO LONGER HAS A REASONABLE BASIS TO BELIEVE THAT
THE HELD TRANSACTION IS THE SUBJECT OF OR RELATED TO FINANCIAL EXPLOITA-
TION; (III) IF A BANKING INSTITUTION NO LONGER REASONABLY BELIEVES THAT
A TRANSACTION IS THE SUBJECT OF OR RELATED TO FINANCIAL EXPLOITATION, IT
MAY RELEASE A TRANSACTION HOLD APPLIED TO THAT TRANSACTION, PROVIDED
THAT ADULT PROTECTIVE SERVICES OR THE LAW ENFORCEMENT AGENCY THE BANKING
INSTITUTION HAS NOTIFIED OF SUCH HOLD PURSUANT TO SUBPARAGRAPH (I) OF
PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION DOES NOT OBJECT; (IV) A
TRANSACTION HOLD MAY BE EXTENDED IN ACCORDANCE WITH AN ORDER ISSUED BY A
COURT OF COMPETENT JURISDICTION; AND (V) A TRANSACTION HOLD MAY BE
TERMINATED AT ANY TIME PURSUANT TO AN ORDER ISSUED BY A COURT OF COMPE-
TENT JURISDICTION.
5. REGULATIONS. THE SUPERINTENDENT MAY PROMULGATE REGULATIONS TO
EFFECTUATE THE PURPOSES OF THIS SECTION, INCLUDING SETTING FORTH FACTORS
THAT A BANKING INSTITUTION MAY CONSIDER IN DETERMINING WHETHER TO APPLY
A TRANSACTION HOLD TO A TRANSACTION PURSUANT TO PARAGRAPH (A) OF SUBDI-
VISION TWO OF THIS SECTION, THE FORM AND MANNER OF ANY NOTIFICATION
MANDATED BY SUBDIVISION TWO OF THIS SECTION, AND THE IMPLEMENTATION OF
TRAINING PROGRAMS FOR BANKING INSTITUTION STAFF RELATING TO RECOGNIZING
FINANCIAL EXPLOITATION.
6. IMMUNITY. A BANKING INSTITUTION OR AN EMPLOYEE OF A BANKING INSTI-
TUTION SHALL BE IMMUNE FROM CRIMINAL, CIVIL, AND ADMINISTRATIVE LIABIL-
ITY FOR GOOD FAITH ACTIONS IN RELATION TO THE APPLICATION OF THIS
S. 8308--A 120 A. 8808--A
SECTION, INCLUDING ANY GOOD FAITH DETERMINATION TO APPLY OR NOT APPLY A
TRANSACTION HOLD TO A TRANSACTION. NOTWITHSTANDING THE FOREGOING, SUCH
IMMUNITY SHALL NOT APPLY TO A DETERMINATION NOT TO IMPOSE A TRANSACTION
HOLD WHEN THE BANKING INSTITUTION OR EMPLOYEE ENGAGES IN INTENTIONAL
MISCONDUCT IN MAKING THE DETERMINATION, OR IF THE DETERMINATION RESULTS
FROM A CONFLICT OF INTEREST.
§ 3. Section 473 of the social services law is amended by adding a new
subdivision 5-a to read as follows:
5-A. WHENEVER A SOCIAL SERVICES OFFICIAL, OR HIS OR HER DESIGNEE
AUTHORIZED OR REQUIRED TO DETERMINE THE NEED FOR, OR TO PROVIDE OR
ARRANGE FOR THE PROVISION OF PROTECTIVE SERVICES TO ADULTS IN ACCORDANCE
WITH THE PROVISIONS OF THIS TITLE HAS A REASON TO BELIEVE THAT FINANCIAL
EXPLOITATION OF AN ELIGIBLE ADULT HAS OCCURRED, HAS BEEN ATTEMPTED, OR
IS BEING ATTEMPTED, THE SOCIAL SERVICES OFFICIAL OR HIS OR HER DESIGNEE
MUST REPORT THIS INFORMATION TO THE APPROPRIATE LAW ENFORCEMENT AGENCY
AND NOTIFY ANY FINANCIAL OR BANKING INSTITUTIONS INVOLVED IN THE RELE-
VANT FINANCIAL TRANSACTIONS OF THE NEED TO APPLY A TRANSACTION HOLD.
§ 4. Paragraph (g) of subdivision 6 of section 473 of the social
services law, as amended by chapter 395 of the laws of 1995, is amended
to read as follows:
(g) "Financial exploitation" means:
(I) THE improper use of an adult's funds, property, INCOME or
[resources by another individual, including but not limited to, fraud,
false pretenses, embezzlement, conspiracy, forgery, falsifying records,
coerced property transfers or denial of access to assets] ASSETS; OR
(II) ANY ACT OR OMISSION BY A PERSON, INCLUDING THROUGH THE USE OF A
POWER OF ATTORNEY, GUARDIANSHIP OR ANY OTHER AUTHORITY REGARDING AN
ADULT TO: (A) OBTAIN CONTROL, THROUGH DECEPTION, INTIMIDATION, THREATS
OR UNDUE INFLUENCE OVER THE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY;
OR (B) CONVERT THE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART JJ
Section 1. This act shall be known and may be cited as the "Consumer
Protection Act (CPA)".
§ 2. Section 349 of the general business law, as added by chapter 43
of the laws of 1970, subdivision (h) as amended by chapter 157 of the
laws of 1984, and subdivision (j) as added by section 6 of part HH of
chapter 55 of the laws of 2014, is amended to read as follows:
§ 349. [Deceptive acts] UNFAIR, DECEPTIVE AND ABUSIVE ACTS and prac-
tices unlawful. (a) [Deceptive] UNFAIR, DECEPTIVE OR ABUSIVE acts or
practices in the conduct of any business, trade or commerce or in the
furnishing of any service in this state are hereby declared unlawful.
(1) FOR THE PURPOSES OF THIS SECTION, AN ACT OR PRACTICE IS UNFAIR
WHEN IT CAUSES OR IS LIKELY TO CAUSE SUBSTANTIAL INJURY, THE INJURY IS
NOT REASONABLY AVOIDABLE, AND THE INJURY IS NOT OUTWEIGHED BY COUNTER-
VAILING BENEFITS TO CONSUMERS OR COMPETITION.
(2) FOR THE PURPOSES OF THIS SECTION, AN ACT OR PRACTICE IS ABUSIVE
WHEN:
(I) IT MATERIALLY INTERFERES WITH THE ABILITY OF A PERSON TO UNDER-
STAND A TERM OR CONDITION OF A PRODUCT OR SERVICE; OR
(II) TAKES UNREASONABLE ADVANTAGE OF:
(A) A PERSON'S LACK OF UNDERSTANDING OF THE MATERIAL RISKS, COSTS, OR
CONDITIONS OF THE PRODUCT OR SERVICE; OR
S. 8308--A 121 A. 8808--A
(B) A PERSON'S INABILITY TO PROTECT THEIR INTERESTS IN SELECTING OR
USING A PRODUCT OR SERVICE.
(b) Whenever the attorney general shall believe from evidence satis-
factory to [him] THEM that any person, firm, corporation or association
or agent or employee thereof has engaged in or is about to engage in any
of the acts or practices stated to be [unlawful he] UNFAIR, DECEPTIVE OR
ABUSIVE, THEY may bring an action in the name and on behalf of the
people of the state of New York to enjoin such unlawful acts or prac-
tices and to obtain restitution of any moneys or property obtained
directly or indirectly by any such unlawful acts or practices. In such
action preliminary relief may be granted under article sixty-three of
the civil practice law and rules. SUCH ACTIONS MAY BE BROUGHT REGARDLESS
OF WHETHER OR NOT THE UNDERLYING VIOLATION IS DIRECTED AT INDIVIDUALS
OR BUSINESSES OR INVOLVES THE OFFERING OF GOODS, SERVICES, OR PROPERTY
FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES.
(c) Before any violation of this section is sought to be enjoined, the
attorney general shall be required to give the person against whom such
proceeding is contemplated notice by certified mail and an opportunity
to show in writing within five business days after receipt of notice why
proceedings should not be instituted against [him] THEM, unless the
attorney general shall find, in any case in which [he seeks] THEY SEEK
preliminary relief, that to give such notice and opportunity is not in
the public interest.
(d) In any such action it shall be a complete defense that the act or
practice is, or if in interstate commerce would be, subject to and
complies with the rules and regulations of, and the statutes adminis-
tered by, the federal trade commission or any official department, divi-
sion, commission or agency of the United States as such rules, regu-
lations or statutes are interpreted by the federal trade commission or
such department, division, commission or agency or the federal courts.
(e) Nothing in this section shall apply to any television or radio
broadcasting station or to any publisher or printer of a newspaper,
magazine or other form of printed advertising, who broadcasts,
publishes, or prints the advertisement.
(f) In connection with any proposed proceeding under this section, the
attorney general is authorized to take proof and make a determination of
the relevant facts, and to issue subpoenas in accordance with the civil
practice law and rules.
(g) This section shall apply to all UNFAIR, deceptive OR ABUSIVE acts
or practices declared to be unlawful, whether or not subject to any
other law of this state, and shall not supersede, amend or repeal any
other law of this state under which the attorney general is authorized
to take any action or conduct any inquiry.
(h) In addition to the right of action granted to the attorney general
pursuant to this section, any person who has been injured by reason of
any violation of this section may bring an action in [his] THEIR own
name to enjoin such [unlawful] UNFAIR, DECEPTIVE, OR ABUSIVE act or
practice, an action to recover [his] THEIR actual damages or [fifty] ONE
THOUSAND dollars, whichever is greater, or both such actions. SUCH
ACTIONS MAY BE BROUGHT REGARDLESS OF WHETHER OR NOT THE UNDERLYING
VIOLATION INVOLVES THE OFFERING OF GOODS, SERVICES OR PROPERTY FOR
PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. The court may, in its
discretion, increase the award of damages to an amount not to exceed
three times the actual damages up to one thousand dollars, if the court
finds the defendant willfully or knowingly violated this section. The
S. 8308--A 122 A. 8808--A
court [may] SHALL award reasonable attorney's fees AND COSTS to a
prevailing plaintiff.
(I) (1) AT LEAST THIRTY DAYS PRIOR TO THE COMMENCEMENT OF AN ACTION
FOR MONETARY DAMAGES EXCEEDING FIVE HUNDRED DOLLARS PURSUANT TO SUBDIVI-
SION (H) OF THIS SECTION OR WITHIN THIRTY DAYS OF AMENDING A COMPLAINT
TO SEEK MONETARY DAMAGES EXCEEDING FIVE HUNDRED DOLLARS PURSUANT TO
SUBDIVISION (H) OF THIS SECTION, THE CONSUMER SHALL DO THE FOLLOWING:
(A) NOTIFY THE PERSON ALLEGED TO HAVE COMMITTED UNFAIR, DECEPTIVE OR
ABUSIVE ACTS OR PRACTICES IN VIOLATION OF THIS SECTION OF THE PARTICULAR
ALLEGED VIOLATIONS OF THIS SECTION, INCLUDING A REASONABLY SPECIFIC
DESCRIPTION REGARDING THE TIME, PLACE AND NATURE OF THE ALLEGATIONS; AND
(B) DEMAND THAT SUCH PERSON CORRECT, REPAIR, REPLACE, OR OTHERWISE
RECTIFY THE ALLEGED VIOLATION OR VIOLATIONS OF THIS SECTION WITH SUFFI-
CIENT SPECIFICITY TO PERMIT A REASONABLE PERSON TO RESPOND TO SUCH
DEMAND.
(2) THE DEMAND MADE PURSUANT TO THIS SUBDIVISION SHALL BE IN WRITING
AND SHALL BE SENT BY CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT
REQUESTED, TO THE PLACE WHERE THE TRANSACTION OCCURRED OR TO THE
PERSON'S PRINCIPAL PLACE OF BUSINESS, IF KNOWN. EVIDENCE DEMONSTRATING
THAT NOTICE, HOWEVER MADE, WAS ACTUALLY RECEIVED BY THE PERSON IS SUFFI-
CIENT TO DEMONSTRATE COMPLIANCE WITH THIS PARAGRAPH.
(3) NO ACTION FOR MONETARY DAMAGES GREATER THAN FIVE HUNDRED DOLLARS
MAY BE MAINTAINED UNDER THIS SECTION IF AN APPROPRIATE CORRECTION,
REPAIR, REPLACEMENT, OR OTHER REMEDY HAS BEEN PROVIDED BY THE PERSON
ALLEGED TO HAVE COMMITTED UNFAIR, DECEPTIVE OR ABUSIVE ACTS OR PRACTICES
IN VIOLATION OF THIS SECTION TO THE CONSUMER WITHIN THIRTY DAYS OF
RECEIPT BY SUCH PERSON OF THE NOTICE.
(4) NO ACTION FOR MONETARY DAMAGES MAY BE MAINTAINED UNDER ARTICLE
NINE OF THE CIVIL PRACTICE LAW AND RULES AGAINST A PERSON ALLEGED TO
HAVE COMMITTED UNFAIR, DECEPTIVE OR ABUSIVE ACTS OR PRACTICES IN
VIOLATION OF THIS SECTION UPON A SHOWING BY SUCH PERSON THAT THEY HAVE:
(A) IDENTIFIED ALL CONSUMERS SIMILARLY SITUATED OR HAVE MADE REASON-
ABLE EFFORTS TO IDENTIFY SUCH OTHER CONSUMERS;
(B) NOTIFIED ALL SUCH SIMILARLY SITUATED CONSUMERS SO IDENTIFIED THAT
UPON THEIR REQUEST, SUCH PERSON SHALL MAKE THE APPROPRIATE CORRECTION,
REPAIR, REPLACEMENT, OR OTHER REMEDY OF THE GOODS OR SERVICES;
(C) CORRECTED, REPAIRED, REPLACED, OR PROVIDED ANY OTHER REMEDY
REQUESTED BY THE CONSUMERS WITHIN A REASONABLE TIME FRAME; AND
(D) CEASED FROM ENGAGING IN, OR IF IMMEDIATE CESSATION IS IMPOSSIBLE
OR UNREASONABLY EXPENSIVE UNDER THE CIRCUMSTANCES, THE PERSON WILL,
WITHIN A REASONABLE TIME, CEASE TO ENGAGE IN, THE UNFAIR, DECEPTIVE OR
ABUSIVE ACTS OR PRACTICES.
(5) ACTIONS SEEKING INJUNCTIVE RELIEF ONLY MAY BE COMMENCED WITHOUT
COMPLIANCE WITH THIS SUBDIVISION.
(6) ATTEMPTS OR EFFORTS TO COMPLY WITH THIS SECTION BY A PERSON
RECEIVING A DEMAND SHALL BE CONSTRUED AS AN OFFER TO COMPROMISE UNDER
SECTION FORTY-FIVE HUNDRED FORTY-SEVEN OF THE CIVIL PRACTICE LAW AND
RULES AND SHALL BE INADMISSIBLE AS EVIDENCE. FURTHERMORE, ATTEMPTS OR
EFFORTS TO COMPLY WITH A DEMAND SHALL NOT BE CONSIDERED AN ADMISSION OF
ENGAGING IN AN ACT OR PRACTICE DECLARED UNLAWFUL BY THIS SECTION.
EVIDENCE OF COMPLIANCE OR ATTEMPTS OR EFFORTS TO COMPLY WITH THIS
SECTION MAY BE INTRODUCED BY A DEFENDANT OR PERSON ALLEGED TO HAVE
COMMITTED UNFAIR, DECEPTIVE OR ABUSIVE ACTS OR PRACTICES IN VIOLATION OF
THIS SECTION FOR THE PURPOSE OF ESTABLISHING GOOD FAITH OR TO SHOW
COMPLIANCE WITH THIS SECTION.
S. 8308--A 123 A. 8808--A
(j) Notwithstanding any law to the contrary, all monies recovered or
obtained under this article by a state agency or state official or
employee acting in their official capacity shall be subject to subdivi-
sion eleven of section four of the state finance law.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law.
PART KK
Section 1. Section 4 of Part WW of chapter 56 of the laws of 2022
amending the public officers law relating to permitting videoconferenc-
ing and remote participation in public meetings under certain circum-
stances, is amended to read as follows:
§ 4. This act shall take effect immediately and shall expire and be
deemed repealed July 1, [2024] 2026.
§ 2. This act shall take effect immediately.
PART LL
Section 1. Paragraph 2 of subsection (f) of section 1308 of the insur-
ance law, as amended by section 2 of chapter 802 of the laws of 1985, is
amended to read as follows:
(2) Any domestic life insurance company proposing to assume by rein-
surance all or any part of the business in force, other than portions of
individual risks, of any domestic, foreign or alien life insurance
company, fraternal benefit society or other organization having
outstanding policies or certificates of life insurance or accident and
health insurance or annuity contracts shall make written application to
the superintendent for permission to do so. If after due consideration
the superintendent is satisfied that the proposed reinsurance will not
prejudice the interests of the policyholders of either the applicant or
the companies [which] THAT are members of The Life Insurance Guaranty
Corporation or of The Life AND HEALTH Insurance Company Guaranty Corpo-
ration of New York, [he] THE SUPERINTENDENT shall grant the permission.
§ 2. Paragraph 1 of subsection (a) of section 7434 of the insurance
law, as amended by chapter 134 of the laws of 1999, is amended to read
as follows:
(1) Upon the recommendation of the superintendent, and under the
direction of the court, distribution payments shall be made in a manner
that will assure the proper recognition of priorities and a reasonable
balance between the expeditious completion of the liquidation and the
protection of unliquidated and undetermined claims. The priority of
distribution of claims from an insolvent [property/casualty] insurer
OTHER THAN A LIFE INSURER in any proceeding subject to this article
shall be in accordance with the order in which each class of claims is
set forth in this paragraph and as provided in this paragraph. Every
claim in each class shall be paid in full or adequate funds retained for
such payment before the members of the next class receive any payment.
No subclasses shall be established within any class. No claim by a
shareholder, policyholder or other creditor shall be permitted to
circumvent the priority classes through the use of equitable remedies.
The order of distribution of claims shall be:
[(i)] (A) Class one. Claims with respect to the actual and necessary
costs and expenses of administration, incurred by the liquidator, reha-
bilitator or conservator under this article.
S. 8308--A 124 A. 8808--A
[(ii)] (B) Class two. All claims under policies including such claims
of the federal or any state or local government for losses incurred,
third party claims, claims for unearned premiums, and all claims of a
security fund, guaranty association or the equivalent except claims
arising under reinsurance contracts.
[(iii)] (C) Class three. Claims of the federal government except those
under class two above.
[(iv)] (D) Class four. Claims for wages owing to employees of an
insurer against whom a proceeding under this article is commenced for
services rendered within one year before commencement of the proceeding,
not exceeding one thousand two hundred dollars to each employee, and
claims for unemployment insurance contributions required by article
eighteen of the labor law. Such priority shall be in lieu of any other
similar priority which may be authorized by law.
[(v)] (E) Class five. Claims of state and local governments except
those under class two above.
[(vi)] (F) Class six. Claims of general creditors including, but not
limited to, claims arising under reinsurance contracts.
[(vii)] (G) Class seven. Claims filed late or any other claims other
than claims under class eight or class nine below.
[(viii)] H) Class eight. Claims for advanced or borrowed funds made
pursuant to section one thousand three hundred seven of this chapter.
[(ix)] (I) Class nine. Claims of shareholders or other owners in their
capacity as shareholders.
§ 3. Paragraphs 1 and 4 of subsection (a) of section 7435 of the
insurance law, as added by chapter 802 of the laws of 1985, are amended
to read as follows:
(1) Class one. Claims with respect to the actual and necessary costs
and expenses of administration, incurred by the liquidator, rehabilita-
tor, conservator or ancillary rehabilitator under this article, or by
The Life Insurance Guaranty Corporation or The Life AND HEALTH Insurance
Company Guaranty Corporation of New York, and claims described in
subsection (d) of section seven thousand seven hundred thirteen of this
chapter.
(4) Class four. All claims under insurance policies, annuity contracts
and funding agreements, and all claims of The Life AND HEALTH Insurance
Company Guaranty Corporation of New York or any other guaranty corpo-
ration or association of this state or another jurisdiction, other than
[(i)] claims provided for in paragraph one of this subsection[,] and
[(ii)] claims for interest.
§ 4. Paragraph 2 of subsection (c) of section 7709 of the insurance
law, as amended by section 10 of subpart D of part Y of chapter 57 of
the laws of 2023, is amended to read as follows:
(2) The amount of any class B or class C assessment, except for
assessments related to long-term care insurance, shall be allocated for
assessment purposes among the accounts in the proportion that the premi-
ums received by the impaired or insolvent insurer on the policies or
contracts covered by each account for the last calendar year preceding
the assessment in which the impaired or insolvent insurer received
premiums bears to the premiums received by such insurer for such calen-
dar year on all covered policies. The amount of any class B or class C
assessment for long-term care insurance written by the impaired or
insolvent insurer shall be allocated according to a methodology included
in the plan of operation and approved by the superintendent. The meth-
odology shall provide for fifty percent of the assessment to be allo-
cated to health insurance company member insurers and fifty percent to
S. 8308--A 125 A. 8808--A
be allocated to life insurance company member insurers; provided, howev-
er, that a property/casualty insurer that writes health insurance shall
be considered a health insurance company member for this purpose. Class
B and class C assessments against member insurers for each account shall
be in the proportion that the premiums received on business in this
state by each assessed member insurer on policies covered by each
account for the three calendar years preceding the assessment bears to
such premiums received on business in this state for such calendar years
by all assessed member insurers. CLASS B AND CLASS C ASSESSMENTS
AGAINST MEMBER INSURERS FOR THE HEALTH INSURANCE ACCOUNT SHALL BE
FURTHER REDUCED FOR NOT-FOR-PROFIT MEMBER INSURERS PURSUANT TO A METHOD-
OLOGY INCLUDED IN THE PLAN OF OPERATION AND APPROVED BY THE SUPERINTEN-
DENT.
§ 5. Section 7712 of the insurance law, as added by chapter 802 of the
laws of 1985, subsection (a) as amended by section 11 of subpart D of
part Y of chapter 57 of the laws of 2023, is amended to read as follows:
§ 7712. Credits for assessments paid. (a) The superintendent shall
annually[, within six months following the close of each calendar year,
furnish to the commissioner of taxation and finance and the director of
the division of the budget a statement of operations for the life insur-
ance guaranty corporation and the life and health insurance company
guaranty corporation of New York. Such statement shall show the assess-
ments, less any refunds or reimbursements thereof, paid by each insur-
ance company pursuant to the provisions of article seventy-five or]
ISSUE A CERTIFICATE OF TAX CREDIT FOR NET CLASS A ASSESSMENTS PAID, AND
A SEPARATE CERTIFICATE OF TAX CREDIT FOR TOTAL NET CLASS B AND CLASS C
ASSESSMENTS PAID, AS SUCH ASSESSMENTS ARE DESCRIBED IN section seven
thousand seven hundred nine of this article, [for the purposes of meet-
ing the requirements of this chapter. Each statement, starting with the
statement furnished in the year nineteen hundred eighty-six and ending
with the statement furnished in the year two thousand, shall show the
annual activity for every year commencing from nineteen hundred eighty-
five through the most recently completed year. Each statement furnished
in each year after the year two thousand shall reflect such assessments
paid during the preceding fifteen calendar years. The superintendent
shall also furnish a copy of such statement to each such] TO AN insur-
ance company THAT IS REQUIRED TO FILE A TAX RETURN PURSUANT TO ARTICLE
THIRTY-THREE OF THE TAX LAW. FOR THE PURPOSES OF THIS SECTION, AN
INSURANCE COMPANY'S "NET CLASS A ASSESSMENTS PAID" SHALL MEAN ITS GROSS
CLASS A ASSESSMENTS PAID PURSUANT TO THE PROVISIONS OF ARTICLE SEVENTY-
FIVE OR SECTION SEVEN THOUSAND SEVEN HUNDRED NINE OF THIS ARTICLE, LESS
ANY REFUNDS, RECOVERIES, OR REIMBURSEMENTS, AND AN INSURANCE COMPANY'S
"TOTAL NET CLASS B AND CLASS C ASSESSMENTS PAID" SHALL MEAN ITS GROSS
CLASS B AND CLASS C ASSESSMENTS PAID PURSUANT TO THE PROVISIONS OF ARTI-
CLE SEVENTY-FIVE OR SECTION SEVEN THOUSAND SEVEN HUNDRED NINE OF THIS
ARTICLE, LESS ANY REFUNDS, RECOVERIES, OR REIMBURSEMENTS.
(b) The [maximum authorized] CERTIFICATES OF TAX credit [for each
company in respect of the assessments paid during the most recent calen-
dar year covered by such statement] shall [be] SET FORTH THE AMOUNT OF
TAX CREDIT AN INSURANCE COMPANY MAY CLAIM as follows:
(1) [if the sum of the net assessments paid by all companies in the
period reported on in the statement of operations required to be
furnished by the superintendent pursuant to the provisions of subsection
(a) of this section is less than one hundred million dollars, no such
credits shall be authorized] FOR NET CLASS A ASSESSMENTS, THE ELIGIBLE
S. 8308--A 126 A. 8808--A
CREDIT AMOUNT SHALL BE EQUAL TO THE PRODUCT OF EIGHTY PER CENTUM AND THE
COMPANY'S NET CLASS A ASSESSMENTS PAID; AND
(2) [(A) if the sum of such net assessments exceeds one hundred
million dollars, the maximum authorized credit for each company with
respect to net assessments paid by such company in any year shall be the
excess, if any, of (i) over (ii), where (i) is the sum of such company's
tentative cross-over year credit and its tentative credits for subse-
quent years, both as determined pursuant to subparagraphs (B) and (C) of
this paragraph, and (ii) is the sum of the maximum credits theretofore
authorized for the years covered by such statement, to and including the
most recently completed year, determined with reference to the periods
covered by all prior such statements.
(B) Such company's tentative cross-over year credit shall be eighty
per centum of the product of (i) and (ii), where (i) is the sum of
assessments paid by such company during the cross-over year, and (ii) is
a fraction, the numerator of which is the excess over one hundred
million dollars of the sum of net assessments paid by all companies
during such period and the denominator of which is the sum of net
assessments paid by such companies during the cross-over year. For
purposes of this paragraph, the cross-over year is the first year during
the period covered by such statement in which the net assessments paid
by all companies during such period exceeded one hundred million dollars
in whole or in part.
(C) Such company's tentative credit for each year subsequent to the
cross-over year shall be eighty per centum of the net assessments paid
by such company during such year.
(3) For the purposes of this section, net assessments means gross
assessments, less any recoveries or reimbursements, paid during the
period covered by the most recent statement of operations furnished by
the superintendent pursuant to the provisions of subsection (a) of this
section] FOR TOTAL NET CLASS B AND CLASS C ASSESSMENTS, THE ELIGIBLE
CREDIT AMOUNT SHALL BE EQUAL TO THE PRODUCT OF EIGHTY PER CENTUM AND THE
COMPANY'S TOTAL NET CLASS B AND CLASS C ASSESSMENTS PAID, SUBJECT TO
SUBSECTION (C) OF THIS SECTION.
(C)(1) THE AGGREGATE AMOUNT OF TAX CREDITS PURSUANT TO THIS SECTION
FOR TOTAL NET CLASS B AND CLASS C ASSESSMENTS IN EACH CALENDAR YEAR
SHALL NOT EXCEED ONE HUNDRED FIFTY MILLION DOLLARS. THE AGGREGATE TAX
CREDIT AMOUNT SHALL BE ALLOCATED ANNUALLY BY THE SUPERINTENDENT ON A PRO
RATA BASIS TO EACH COMPANY REQUIRED TO FILE A TAX RETURN PURSUANT TO
ARTICLE THIRTY-THREE OF THE TAX LAW.
(2) THE SUPERINTENDENT SHALL ALLOCATE ANY TAX CREDIT AMOUNT THAT
EXCEEDS THE ANNUAL CREDIT CAP OF ONE HUNDRED FIFTY MILLION DOLLARS TO
THE FOLLOWING CALENDAR YEAR AND INCLUDE SUCH AMOUNT WITHIN THE CALCU-
LATION OF THE ELIGIBLE CREDIT AMOUNT SUBJECT TO THE AGGREGATE CREDIT
AMOUNT FOR THE SUCCEEDING CALENDAR YEAR BY THE SUPERINTENDENT.
(3) FOR COMPANIES ISSUED A CERTIFICATE OF TAX CREDIT FOR TOTAL NET
CLASS B AND CLASS C ASSESSMENTS, SUCH ANNUAL CERTIFICATE SHALL SET FORTH
AN AMOUNT EQUAL TO THIRTY-THREE AND ONE-THIRD PER CENTUM OF THE AMOUNT
CALCULATED UNDER SUBSECTION (B) OF THIS SECTION AND ALLOCATED PURSUANT
TO PARAGRAPH ONE OF THIS SUBSECTION. THE AMOUNT ON THE CERTIFICATE OF
TAX CREDIT SHALL BE ELIGIBLE TO BE CLAIMED IN THE TAXABLE YEAR THAT
BEGINS IN THE CALENDAR YEAR THAT SUCH CERTIFICATE IS ISSUED. THIRTY-
THREE AND ONE-THIRD PER CENTUM OF SUCH AMOUNT SHALL BE ELIGIBLE TO BE
CLAIMED IN EACH OF THE TWO TAXABLE YEARS FOLLOWING SUCH TAXABLE YEAR.
(D)(1) THE SUPERINTENDENT SHALL, IN CONSULTATION WITH THE COMMISSIONER
OF TAXATION AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT FOR NET
S. 8308--A 127 A. 8808--A
CLASS A ASSESSMENTS, AND A CERTIFICATE OF TAX CREDIT FOR TOTAL NET CLASS
B AND CLASS C ASSESSMENTS. EACH CERTIFICATE SHALL CONTAIN SUCH INFORMA-
TION AS REQUIRED BY THE COMMISSIONER OF TAXATION AND FINANCE, INCLUDING
A CERTIFICATE DATE.
(2) THE SUPERINTENDENT SHALL SOLELY DETERMINE THE TAX CREDIT ELIGIBIL-
ITY OF ANY INSURANCE COMPANY AND SHALL REVOKE ANY CERTIFICATE OF TAX
CREDIT ISSUED TO AN INSURANCE COMPANY THAT NO LONGER QUALIFIES FOR A TAX
CREDIT. THE SUPERINTENDENT SHALL MODIFY THE AMOUNT OF THE CREDIT SHOWN
ON ANY SUCH CERTIFICATE IF THE SUPERINTENDENT DETERMINES THAT THE AMOUNT
CERTIFIED UNDER SUBSECTION (B) OF THIS SECTION WAS NOT COMPUTED PROPERLY
PURSUANT TO THIS SECTION.
(3) TO BE ISSUED A CERTIFICATE OF TAX CREDIT BY THE SUPERINTENDENT,
EACH INSURANCE COMPANY SHALL:
(A) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE
INSURANCE COMPANY'S TAX INFORMATION RELEVANT TO THE ADMINISTRATION OF
THIS SECTION WITH THE SUPERINTENDENT. HOWEVER, ANY INFORMATION SHARED
WITH THE SUPERINTENDENT AS A RESULT OF THIS SECTION SHALL NOT BE AVAIL-
ABLE FOR PUBLIC DISCLOSURE OR INSPECTION UNDER ARTICLE SIX OF THE PUBLIC
OFFICERS LAW;
(B) ALLOW THE SUPERINTENDENT AND THE CORPORATION ACCESS TO ANY AND ALL
BOOKS AND RECORDS THE SUPERINTENDENT OR CORPORATION MAY REQUIRE TO MONI-
TOR COMPLIANCE WITH THIS SECTION; AND
(C) AGREE TO PROVIDE ANY ADDITIONAL INFORMATION REQUIRED BY THE SUPER-
INTENDENT RELEVANT TO THIS SECTION.
§ 6. Subdivision (f) of section 1511 of the tax law, as amended by
chapter 803 of the laws of 1985, paragraph 1 as amended by chapter 217
of the laws 2012, subparagraph (B) of paragraph 3 as further amended by
section 104 of part A of chapter 62 of the laws of 2011 and paragraph 5
as amended by section 9 of part H3 of chapter 62 of the laws of 2003, is
amended to read as follows:
(f) Credit relating to life AND HEALTH insurance guaranty corporation
assessments. [A] (1) ALLOWANCE OF CREDIT. FOR TAXABLE YEARS BEGINNING
ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, A credit shall be
allowed against the tax imposed pursuant to this article (other than
section fifteen hundred five-a of this article)[, for a portion of the
assessments paid by a taxpayer pursuant to article seventy-five or
section seven thousand seven hundred nine of the insurance law. The
credit shall be determined in accordance with the following provisions]
AS HEREINAFTER PROVIDED.
[(1)] (2) AMOUNT OF CREDIT. The [maximum authorized] AMOUNT OF THE
credit for each taxpayer shall [be determined as provided in] EQUAL THE
AMOUNT SHOWN ON THE CERTIFICATE OF TAX CREDIT, OR THE AMOUNTS SHOWN ON
SUCH CERTIFICATES, ISSUED TO SUCH TAXPAYER PURSUANT TO section seven
thousand seven hundred twelve of the insurance law. WITH RESPECT TO
EACH SUCH CERTIFICATE, THE AMOUNT OF THE CREDIT MUST BE CLAIMED IN THE
TAXABLE YEAR THAT BEGINS IN THE CALENDAR YEAR THAT SUCH CERTIFICATE IS
ISSUED.
[(2) Thirty-three and one-third per centum of the maximum authorized
credit for the second calendar year preceding the taxable year, plus any
amount carried forward under subparagraph (C) of paragraph three of this
subdivision or paragraph four of this subdivision, shall be allowed as a
credit under this subdivision for such taxable year, and thirty-three
and one third per centum of such maximum authorized credit for such
second preceding calendar year, plus any amount carried forward under
subparagraph (C) of this subdivision or paragraph four of this subdivi-
S. 8308--A 128 A. 8808--A
sion, shall be allowed in each of the two taxable years following such
taxable year.]
(3) [(A) For each calendar year for which a credit has been authorized
pursuant to section seven thousand seven hundred twelve of the insurance
law, the commissioner of taxation and finance shall determine the total
tax liability of all life insurance corporations under this article,
other than under section fifteen hundred five-a of this article, before
the application of any credits allowed pursuant to this section, for
taxable years beginning in such calendar year. Such total tax liability
shall be published in the state register on or before the thirtieth day
of September of the next succeeding calendar year.
(B) The credit allowed under paragraph two of this subdivision for
each taxpayer shall not exceed the product of (x) and (y) where (x) is a
fraction, the numerator of which is the sum of the gross assessments
paid by the particular taxpayer during the calendar year for which the
credit has been authorized and the denominator of which is the sum of
the gross assessments paid by all companies during such year, both as
shown in the most recent statement of operations furnished by the super-
intendent of financial services under subsection (a) of section seven
thousand seven hundred twelve of the insurance law and both the numera-
tor and denominator being reduced, as appropriate, by any refunds or
reimbursements and (y) is the greater of (i) forty per centum of the
total tax liability published by the commissioner pursuant to subpara-
graph (A) of this paragraph and (ii) forty million dollars.
(C) The amount by which the allowable credit computed without refer-
ence to the limitation contained in subparagraph (B) of this paragraph
exceeds the allowable credit for such taxable year shall be carried
forward as a credit under paragraph two of this subdivision.
(D) With respect to estimated taxes payable under section fifteen
hundred fourteen of this article any increase in estimated taxes due to
the limitation imposed by this paragraph shall be deemed timely paid if
paid on or before the fifteenth day of December next following the date
specified in subparagraph (A) of this paragraph.] CARRYOVER. THE CREDIT
ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE
TAX DUE FOR SUCH YEAR TO LESS THAN THE MINIMUM FIXED BY PARAGRAPH FOUR
OF SUBDIVISION (A) OF SECTION FIFTEEN HUNDRED TWO OF THIS ARTICLE OR
SECTION FIFTEEN HUNDRED TWO-A OF THIS ARTICLE, WHICHEVER IS APPLICABLE.
HOWEVER, IF THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBDIVISION FOR
ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT
NOT DEDUCTIBLE IN SUCH TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOWING
YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR
OR YEARS.
(4) [If for any taxable year the credits allowable under paragraph two
of this subdivision determined without regard to this paragraph exceed
the taxpayer's liability for taxes under this article for the taxable
year after the allowance of all other credits under this section, then
the sum of two hundred fifty dollars and the amount by which such cred-
its under this subdivision exceed such tax liability shall be carried
forward as a credit under paragraph two of this subdivision for the
taxable year next following.] ELIGIBILITY. TO BE ELIGIBLE FOR THE CRED-
IT, THE TAXPAYER SHALL HAVE BEEN ISSUED A CERTIFICATE, OR CERTIFICATES,
OF TAX CREDIT BY THE DEPARTMENT OF FINANCIAL SERVICES PURSUANT TO
SECTION SEVEN THOUSAND SEVEN HUNDRED TWELVE OF THE INSURANCE LAW, EACH
OF WHICH CERTIFICATES SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT MAY
BE CLAIMED AND THE CERTIFICATE DATE. A TAXPAYER THAT IS A PARTNER IN A
PARTNERSHIP, MEMBER OF A LIMITED LIABILITY COMPANY OR SHAREHOLDER IN A
S. 8308--A 129 A. 8808--A
SUBCHAPTER S CORPORATION THAT HAS RECEIVED A CERTIFICATE, OR CERTIF-
ICATES, OF TAX CREDIT SHALL BE ALLOWED ITS PRO RATA SHARE OF THE CREDIT
EARNED BY THE PARTNERSHIP, LIMITED LIABILITY COMPANY OR SUBCHAPTER S
CORPORATION.
(5) [No credit allowed pursuant to this subdivision shall reduce the
tax payable by any taxpayer under this article for any taxable year to
an amount less than the minimum tax fixed by paragraph four of subdivi-
sion (a) of section fifteen hundred two of this article or section
fifteen hundred two-a of this article, whichever is applicable.] TAX
RETURN REQUIREMENT. THE TAXPAYER IS REQUIRED TO INCLUDE WITH ITS TAX
RETURN IN THE FORM PRESCRIBED BY THE COMMISSIONER, PROOF OF RECEIPT OF
ITS CERTIFICATE, OR CERTIFICATES, OF TAX CREDIT ISSUED BY THE DEPARTMENT
OF FINANCIAL SERVICES.
(6) INFORMATION SHARING. NOTWITHSTANDING ANY PROVISION OF THIS CHAP-
TER, EMPLOYEES OF THE DEPARTMENT OF FINANCIAL SERVICES AND THE DEPART-
MENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE:
(A) INFORMATION REGARDING THE CREDIT ALLOWED OR CLAIMED PURSUANT TO
THIS SUBDIVISION AND TAXPAYERS THAT ARE CLAIMING THE CREDIT; AND
(B) INFORMATION CONTAINED IN OR DERIVED FROM CREDIT CLAIM FORMS
SUBMITTED TO THE DEPARTMENT. ALL INFORMATION EXCHANGED BETWEEN THE
DEPARTMENT OF FINANCIAL SERVICES AND THE DEPARTMENT SHALL NOT BE SUBJECT
TO PUBLIC DISCLOSURE OR INSPECTION UNDER ARTICLE SIX OF THE PUBLIC OFFI-
CERS LAW.
(7) CREDIT RECAPTURE. IF A CERTIFICATE OF TAX CREDIT ISSUED BY THE
DEPARTMENT OF FINANCIAL SERVICES UNDER SECTION SEVEN THOUSAND SEVEN
HUNDRED TWELVE OF THE INSURANCE LAW IS REVOKED BY SUCH DEPARTMENT, THE
AMOUNT OF CREDIT DESCRIBED IN THIS SUBDIVISION AND CLAIMED BY THE
TAXPAYER PRIOR TO SUCH REVOCATION SHALL BE ADDED BACK TO TAX IN THE
TAXABLE YEAR IN WHICH ANY SUCH REVOCATION BECOMES FINAL. IF AN AMOUNT OF
CREDIT ON ANY SUCH CERTIFICATE OF TAX CREDIT IS MODIFIED BY THE DEPART-
MENT OF FINANCIAL SERVICES, THE DIFFERENCE BETWEEN THE AMOUNT OF CREDIT
DESCRIBED IN THIS SUBDIVISION AND CLAIMED BY THE TAXPAYER PRIOR TO SUCH
MODIFICATION AND THE MODIFIED AMOUNT SHALL BE ADDED BACK TO TAX IN THE
TAXABLE YEAR IN WHICH ANY SUCH MODIFICATION BECOMES FINAL.
(8) NET ASSESSMENTS. NO AMOUNT OF ANY NET ASSESSMENTS PAID BY SUCH
TAXPAYER INCLUDED AS THE BASIS FOR THE CALCULATION OF THE AMOUNT SHOWN
ON ANY SUCH CERTIFICATE SHALL BE THE BASIS FOR ANY OTHER TAX CREDIT
UNDER THIS CHAPTER.
§ 7. Notwithstanding the provisions of sections one through six of
this act, in 2024, for the calendar year 2023, the superintendent of
financial services shall furnish the statement of operations for the
life insurance guaranty corporation and the life and health insurance
company guaranty corporation of New York as provided in subsection (a)
of section 7712 of the insurance law, as such provision of law was in
effect immediately prior to the effective date of this act.
§ 8. Notwithstanding the provisions of sections one through seven of
this act, an insurance company allowed a tax credit pursuant to section
7712 of the insurance law and subdivision (f) of section 1511 of the tax
law, as such provisions of law were in effect immediately prior to the
effective date of this act, shall continue to be allowed the credit
relating to life insurance guaranty corporation assessments under such
subdivision (f), for assessments paid on or before December 31, 2023, as
follows:
(i) any amount of such credit that has not been claimed in a taxable
year beginning before January 1, 2024 shall be allowed as a credit
against the tax imposed pursuant to article 33 of the tax law, other
S. 8308--A 130 A. 8808--A
than section 1505-a of such article, in the taxable year beginning on or
after such date; and
(ii) any amount of credit allowed pursuant to the previous paragraph
shall be subject to the carryover provision of paragraph 3 of subdivi-
sion (f) of section 1511 of the tax law, as such subdivision has been
amended by section six of this act.
§ 9. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2024.
PART MM
Section 1. Short title. This act shall be known and may be cited as
the "artificial intelligence deceptive practices act".
§ 2. This act enacts into law major components of legislation neces-
sary to implement the artificial intelligence deceptive practices act.
Each component is wholly contained within a Subpart identified as
Subparts A through C. The effective date for each particular provision
contained within such Subpart is set forth in the last section of such
Subpart. Any provision in any section contained within a Subpart,
including the effective date of the Subpart, which makes a reference to
a section "of this act", when used in connection with that particular
component, shall be deemed to mean and refer to the corresponding
section of the Subpart in which it is found. Section four of this act
sets forth the general effective date of this act.
SUBPART A
Section 1. Section 50 of the civil rights law is amended to read as
follows:
§ 50. Right of privacy. A person, firm or corporation that uses for
advertising purposes, or for the purposes of trade, the name, portrait
[or], picture, LIKENESS, OR VOICE of any living person without having
first obtained the written consent of such person, or if a minor of [his
or her] SUCH MINOR'S parent or guardian, is guilty of a misdemeanor.
§ 2. Section 51 of the civil rights law, as amended by chapter 674 of
the laws of 1995, is amended to read as follows:
§ 51. Action for injunction and for damages. Any person whose name,
portrait, picture, LIKENESS or voice is used within this state for
advertising purposes or for the purposes of trade without the written
consent first obtained as above provided may maintain an equitable
action in the supreme court of this state against the person, firm or
corporation so using [his] SUCH PERSON'S name, portrait, picture, LIKE-
NESS or voice, to prevent and restrain the use thereof; and may also sue
and recover damages for any injuries sustained by reason of such use and
if the defendant shall have knowingly used such person's name, portrait,
picture, LIKENESS or voice in such manner as is forbidden or declared to
be unlawful by section fifty of this article, the jury, in its
discretion, may award exemplary damages. But nothing contained in this
article shall be so construed as to prevent any person, firm or corpo-
ration from selling or otherwise transferring any material containing
such name, portrait, picture, LIKENESS or voice in whatever medium to
any user of such name, portrait, picture, LIKENESS or voice, or to any
third party for sale or transfer directly or indirectly to such a user,
for use in a manner lawful under this article; nothing contained in this
article shall be so construed as to prevent any person, firm or corpo-
ration, practicing the profession of photography, from exhibiting in or
S. 8308--A 131 A. 8808--A
about [his or its] THEIR establishment specimens of the work of such
establishment, unless the same is continued by such person, firm or
corporation after written notice objecting thereto has been given by the
person portrayed; and nothing contained in this article shall be so
construed as to prevent any person, firm or corporation from using the
name, portrait, picture, LIKENESS or voice of any manufacturer or dealer
in connection with the goods, wares and merchandise manufactured,
produced or dealt in by [him] SUCH MANUFACTURER OR DEALER which [he has]
THEY HAVE sold or disposed of with such name, portrait, picture, LIKE-
NESS or voice used in connection therewith; or from using the name,
portrait, picture, LIKENESS or voice of any author, composer or artist
in connection with [his] THEIR literary, musical or artistic productions
which [he has] THEY HAVE sold or disposed of with such name, portrait,
picture, LIKENESS or voice used in connection therewith. Nothing
contained in this section shall be construed to prohibit the copyright
owner of a sound recording from disposing of, dealing in, licensing or
selling that sound recording to any party, if the right to dispose of,
deal in, license or sell such sound recording has been conferred by
contract or other written document by such living person or the holder
of such right. Nothing contained in the foregoing sentence shall be
deemed to abrogate or otherwise limit any rights or remedies otherwise
conferred by federal law or state law.
§ 3. The opening paragraph of subdivision 1 and subdivisions 4 and 5
of section 52-b of the civil rights law, as added by chapter 109 of the
laws of 2019, are amended and a new subdivision 11 is added to read as
follows:
Any person depicted in a still or video image, INCLUDING AN IMAGE
CREATED OR ALTERED BY DIGITIZATION, regardless of whether or not the
original still or video image was consensually obtained, shall have a
cause of action against an individual who, for the purpose of harassing,
annoying or alarming such person, disseminated or published, or threat-
ened to disseminate or publish, such still or video image, where such
image:
4. Any person depicted in a still or video image, INCLUDING AN IMAGE
CREATED OR ALTERED BY DIGITIZATION, that depicts an unclothed or exposed
intimate part of such person, or such person engaging in sexual conduct
as defined in subdivision ten of section 130.00 of the penal law with
another person, which is disseminated or published without the consent
of such person and where such person had a reasonable expectation that
the image would remain private, may maintain an action or special
proceeding for a court order to require any website that is subject to
personal jurisdiction under subdivision five of this section to perma-
nently remove such still or video image; any such court order granted
pursuant to this subdivision may direct removal only as to images that
are reasonably within such website's control.
5. a. Any website that hosts or transmits a still or video image,
INCLUDING AN IMAGE CREATED OR ALTERED BY DIGITIZATION, viewable in this
state, taken under circumstances where the person depicted had a reason-
able expectation that the image would remain private, which depicts:
(i) an unclothed or exposed intimate part, as defined in section
245.15 of the penal law, of a resident of this state; or
(ii) a resident of this state engaging in sexual conduct as defined in
subdivision ten of section 130.00 of the penal law with another person;
and
b. Such still or video image is hosted or transmitted without the
consent of such resident of this state, shall be subject to personal
S. 8308--A 132 A. 8808--A
jurisdiction in a civil action in this state to the maximum extent
permitted under the United States constitution and federal law.
11. FOR PURPOSES OF THIS SECTION, "DIGITIZATION" MEANS THE USE OF
SOFTWARE, MACHINE LEARNING, ARTIFICIAL INTELLIGENCE, OR ANY OTHER COMPU-
TER-GENERATED OR TECHNOLOGICAL MEANS, INCLUDING ADAPTING, MODIFYING,
MANIPULATING, OR ALTERING A REALISTIC DEPICTION.
§ 4. Paragraph b of subdivision 1 of section 52-c of the civil rights
law, as added by chapter 304 of the laws of 2020, is amended to read as
follows:
b. "digitization" means to realistically depict the nude body parts of
another human being as the nude body parts of the depicted individual,
computer-generated nude body parts as the nude body parts of the
depicted individual or the depicted individual engaging in sexual
conduct, as defined in subdivision ten of section 130.00 of the penal
law, in which the depicted individual did not engage. "DIGITIZATION"
MAY ALSO MEAN THE USE OF SOFTWARE, MACHINE LEARNING, ARTIFICIAL INTELLI-
GENCE, OR ANY OTHER COMPUTER-GENERATED OR TECHNOLOGICAL MEANS, INCLUDING
ADAPTING, MODIFYING, MANIPULATING, OR ALTERING A REALISTIC DEPICTION.
§ 5. The civil rights law is amended by adding a new section 50-h to
read as follows:
§ 50-H. PRIVATE RIGHT OF ACTION FOR FALSE LIGHT INVASION OF PRIVACY.
1. FOR THE PURPOSES OF THIS SECTION:
A. "DEPICTED INDIVIDUAL" MEANS AN INDIVIDUAL WHOSE PICTURE, PORTRAIT
OR VOICE APPEARS IN DIGITALLY-ALTERED MATERIAL IN A REALISTIC MANNER.
B. "ACTOR" MEANS A HUMAN BEING OR A LEGAL ENTITY.
C. "INDIVIDUAL" MEANS A NATURAL INDIVIDUAL.
D. "DIGITIZATION" MEANS THE USE OF SOFTWARE, MACHINE LEARNING, ARTIFI-
CIAL INTELLIGENCE, OR ANY OTHER COMPUTER-GENERATED OR TECHNOLOGICAL
MEANS, INCLUDING ADAPTING, MODIFYING, MANIPULATING, OR ALTERING A REAL-
ISTIC DEPICTION.
E. "DIGITALLY-ALTERED MATERIAL" MEANS ANY AUDIO OR VISUAL MEDIA,
INCLUDING ANY PHOTOGRAPH, FILM, VIDEOTAPE, AUDIO RECORDING OR SIMILAR
MEDIUM THAT HAS BEEN CREATED OR ALTERED IN A REALISTIC MANNER USING
DIGITIZATION.
2. A. A DEPICTED INDIVIDUAL SHALL HAVE A CAUSE OF ACTION AGAINST AN
ACTOR WHO DISCLOSES, DISSEMINATES, OR PUBLISHES DIGITALLY-ALTERED MATE-
RIAL THAT CONTAINS A FALSE STATEMENT OR REPRESENTATION WHICH PLACES SUCH
INDIVIDUAL IN A FALSE LIGHT, IF:
I. THE FALSE LIGHT IN WHICH THE DEPICTED INDIVIDUAL WAS PLACED WOULD
BE HIGHLY OFFENSIVE TO A REASONABLE PERSON; AND
II. (A) WHERE THE DEPICTED INDIVIDUAL IS A PRIVATE PERSON, THE ACTOR
KNEW OR IN THE EXERCISE OF REASONABLE CARE SHOULD HAVE KNOWN OF THE
FALSITY OF SUCH DIGITALLY-ALTERED MATERIAL; OR (B) WHERE THE DEPICTED
INDIVIDUAL IS A PUBLIC FIGURE, THE ACTOR HAD KNOWLEDGE OF OR ACTED WITH
RECKLESS DISREGARD AS TO THE FALSITY OF SUCH DIGITALLY-ALTERED MATERIAL.
B. IT SHALL NOT BE A DEFENSE TO AN ACTION UNDER THIS SECTION THAT
THERE IS A DISCLAIMER THAT THE DIGITALLY-ALTERED MATERIAL THAT PLACES
THE DEPICTED INDIVIDUAL IN A FALSE LIGHT WAS UNAUTHORIZED OR THAT THE
DEPICTED INDIVIDUAL DID NOT PARTICIPATE IN THE CREATION OR DEVELOPMENT
OF THE DIGITALLY-ALTERED MATERIAL.
3. A CAUSE OF ACTION UNDER THIS SECTION SHALL BE COMMENCED THE LATER
OF EITHER:
A. THREE YEARS AFTER THE DISCLOSURE, DISSEMINATION OR PUBLICATION OF
THE DIGITALLY-ALTERED MATERIAL THAT PLACES THE DEPICTED INDIVIDUAL IN A
FALSE LIGHT;
S. 8308--A 133 A. 8808--A
B. ONE YEAR FROM THE DATE A PERSON DISCOVERS, OR REASONABLY SHOULD
HAVE DISCOVERED, THE DISCLOSURE, DISSEMINATION OR PUBLICATION OF SUCH
DIGITALLY-ALTERED MATERIAL THAT PLACES THE DEPICTED INDIVIDUAL IN A
FALSE LIGHT.
4. IN ANY ACTION COMMENCED PURSUANT TO THIS SECTION, THE FINDER OF
FACT, IN ITS DISCRETION, MAY AWARD INJUNCTIVE RELIEF, PUNITIVE DAMAGES,
COMPENSATORY DAMAGES AND REASONABLE COURT COSTS AND ATTORNEYS' FEES.
5. NOTHING IN THIS SECTION SHALL BE READ TO REQUIRE A PRIOR CRIMINAL
COMPLAINT, PROSECUTION OR CONVICTION TO ESTABLISH THE ELEMENTS OF THE
CAUSE OF ACTION PROVIDED FOR IN THIS SECTION.
6. THE PROVISIONS OF THIS SECTION INCLUDING THE REMEDIES ARE IN ADDI-
TION TO, AND SHALL NOT SUPERSEDE, ANY OTHER RIGHTS OR REMEDIES AVAILABLE
IN LAW OR EQUITY.
7. IF ANY PROVISION OF THIS SECTION OR ITS APPLICATION TO ANY PERSON
OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER
PROVISIONS OR APPLICATIONS OF THIS SECTION WHICH CAN BE GIVEN EFFECT
WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS END THE
PROVISIONS OF THIS SECTION ARE SEVERABLE.
8. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT, OR TO ENLARGE,
THE PROTECTIONS THAT 47 U.S.C. § 230 CONFERS ON AN INTERACTIVE COMPUTER
SERVICE FOR CONTENT PROVIDED BY ANOTHER INFORMATION CONTENT PROVIDER, AS
SUCH TERMS ARE DEFINED IN 47 U.S.C. § 230.
§ 6. This act shall take effect immediately.
SUBPART B
Section 1. Section 10.00 of the penal law is amended by adding a new
subdivision 23 to read as follows:
23. "DIGITIZATION" MEANS THE USE OF SOFTWARE, MACHINE LEARNING, ARTI-
FICIAL INTELLIGENCE, OR ANY OTHER COMPUTER-GENERATED OR TECHNOLOGICAL
MEANS, INCLUDING ADAPTING, MODIFYING, MANIPULATING, OR ALTERING A REAL-
ISTIC DEPICTION.
§ 2. The penal law is amended by adding a new section 15.30 to read as
follows:
§ 15.30 EFFECT OF USE OF DIGITIZATION UPON LIABILITY.
A PERSON IS NOT RELIEVED OF CRIMINAL LIABILITY FOR CONDUCT BECAUSE IT
INVOLVES THE USE OF DIGITIZATION, REGARDLESS OF WHETHER THE MATERIAL
CREATED OR ALTERED BY DIGITIZATION INDICATES THROUGH A LABEL OR SOME
OTHER FORM OF INFORMATION PUBLISHED THAT DIGITIZATION WAS USED. EVIDENCE
OF USE OF DIGITIZATION MAY BE OFFERED WHENEVER IT IS RELEVANT TO ESTAB-
LISH OR NEGATIVE THE CRIME CHARGED.
§ 3. Section 245.15 of the penal law, as added by chapter 109 of the
laws of 2019, subdivisions 1 and 2 as amended by chapter 513 of the laws
of 2023, is amended to read as follows:
§ 245.15 Unlawful dissemination or publication of an intimate image OR
AUDIO RECORD.
1. A person is guilty of unlawful dissemination or publication of an
intimate image OR AUDIO RECORD when:
(a) (I) with intent to cause harm to the emotional, financial or phys-
ical welfare of another person, they intentionally disseminate or
publish a still or video image depicting such other person with one or
more intimate parts exposed or engaging in OBSCENE OR sexual conduct
[with another person], including an image created or altered by digiti-
zation, where such person may reasonably be identified from the still or
video image itself or from information displayed in connection with the
still or video image; and
S. 8308--A 134 A. 8808--A
[(b)] (II) the actor knew or reasonably should have known that the
person depicted did not consent to such dissemination or publication,
including the dissemination or publication of an image taken with the
consent of the person depicted when such person had a reasonable expec-
tation that the image would remain private, regardless of whether the
actor was present when such image was taken[.]; OR
(B) (I) WITH INTENT TO CAUSE HARM TO THE EMOTIONAL, FINANCIAL OR PHYS-
ICAL WELFARE OF ANOTHER PERSON, THEY INTENTIONALLY DISSEMINATE OR
PUBLISH AN AUDIO RECORD DEPICTING SUCH OTHER PERSON ENGAGING IN SEXUAL
OR OBSCENE CONDUCT, INCLUDING AN AUDIO RECORD CREATED OR ALTERED BY
DIGITIZATION, WHERE SUCH PERSON MAY REASONABLY BE IDENTIFIED FROM THE
AUDIO RECORD ITSELF OR FROM INFORMATION DISPLAYED IN CONNECTION WITH THE
AUDIO RECORD; AND
(II) THE ACTOR KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE PERSON
DEPICTED DID NOT CONSENT TO SUCH DISSEMINATION OR PUBLICATION, INCLUDING
THE DISSEMINATION OR PUBLICATION OF AN AUDIO RECORD TAKEN WITH THE
CONSENT OF THE PERSON DEPICTED WHEN SUCH PERSON HAD A REASONABLE EXPEC-
TATION THAT THE AUDIO RECORD WOULD REMAIN PRIVATE, REGARDLESS OF WHETHER
THE ACTOR WAS PRESENT WHEN SUCH AUDIO RECORD WAS TAKEN.
2. For purposes of this section the following terms shall have the
following meanings:
(a) "intimate part" means the naked genitals, pubic area, anus or
female nipple of the person;
(b) "disseminate" and "publish" shall have the same meaning as defined
in section 250.40 of this title;
(c) "sexual conduct" shall have the same meaning as defined in subdi-
vision ten of section 130.00 of this chapter; and
(d) ["digitization" shall mean to alter an image in a realistic manner
utilizing an image or images of a person, other than the person
depicted, or computer generated images] "OBSCENE" SHALL HAVE THE SAME
MEANING AS DEFINED IN SECTION 235.00 OF THIS PART.
3. This section shall not apply to the following:
(a) the reporting of unlawful conduct;
(b) dissemination or publication of an intimate image OR AUDIO RECORD
made during lawful and common practices of law enforcement, legal
proceedings or medical treatment;
(c) images AND AUDIO RECORDS involving voluntary exposure in a public
or commercial setting; or
(d) dissemination or publication of an intimate image OR AUDIO RECORD
made for a legitimate public purpose.
4. Nothing in this section shall be construed to limit, or to enlarge,
the protections that 47 U.S.C § 230 confers on an interactive computer
service for content provided by another information content provider, as
such terms are defined in 47 U.S.C. § 230.
Unlawful dissemination or publication of an intimate image OR AUDIO
RECORD is a class A misdemeanor.
§ 4. Section 135.60 of the penal law, as amended by section 1 of part
NN of chapter 55 of the laws of 2018, the opening paragraph as amended
by chapter 484 of the laws of 2021, subdivision 10 as added by chapter
447 of the laws of 2021, is amended to read as follows:
§ 135.60 Coercion in the third degree.
A person is guilty of coercion in the third degree when [he or she]
SUCH PERSON compels or induces a person to engage in conduct which the
latter has a legal right to abstain from engaging in, or to abstain from
engaging in conduct in which [he or she] SUCH LATTER PERSON has a legal
right to engage, or compels or induces a person to join a group, organ-
S. 8308--A 135 A. 8808--A
ization or criminal enterprise which such latter person has a right to
abstain from joining, or compels or induces a person to produce, dissem-
inate, or otherwise display an image or images OR AUDIO RECORD OR
RECORDS depicting nudity of such person [or], depicting such person
engaged in sexual conduct as defined in subdivisions two and three of
section 235.20 of this chapter, OR DEPICTING SUCH OTHER PERSON ENGAGED
IN CONDUCT THAT IS OBSCENE AS DEFINED IN SECTION 235.00 OF THIS PART,
INCLUDING WHEN SUCH MATERIAL IS CREATED OR ALTERED BY DIGITIZATION, by
means of instilling in [him or her] SUCH OTHER PERSON a fear that, if
the demand is not complied with, the actor or another will:
1. Cause physical injury to a person; or
2. Cause damage to property; or
3. Engage in other conduct constituting a crime; or
4. Accuse some person of a crime or cause criminal charges to be
instituted against [him or her] SUCH PERSON; or
5. Expose a secret or publicize an asserted fact, whether true or
false, tending to subject some person to hatred, contempt or ridicule;
or
6. Cause a strike, boycott or other collective labor group action
injurious to some person's business; except that such a threat shall not
be deemed coercive when the act or omission compelled is for the benefit
of the group in whose interest the actor purports to act; or
7. Testify or provide information or withhold testimony or information
with respect to another's legal claim or defense; or
8. Use or abuse [his or her] THEIR position as a public servant by
performing some act within or related to [his or her] THEIR official
duties, or by failing or refusing to perform an official duty, in such
manner as to affect some person adversely; or
9. Perform any other act which would not in itself materially benefit
the actor but which is calculated to harm another person materially with
respect to [his or her] THEIR health, safety, business, calling, career,
financial condition, reputation or personal relationships.
10. Report [his or her] THE PERSON'S immigration status or suspected
immigration status.
Coercion in the third degree is a class A misdemeanor.
§ 5. Section 190.25 of the penal law, the section heading, opening
paragraph and closing paragraph as amended by chapter 27 of the laws of
1980, subdivisions 3 and 4 as amended and subdivision 5 as added by
chapter 739 of the laws of 2021, is amended to read as follows:
§ 190.25 Criminal impersonation in the second degree.
A person is guilty of criminal impersonation in the second degree when
[he] THE PERSON:
1. Impersonates another and does an act in such assumed character with
intent to obtain a benefit or to injure or defraud another; or
2. Pretends to be a representative of some person or organization and
does an act in such pretended capacity with intent to obtain a benefit
or to injure or defraud another; or
3. (a) Pretends to be a public servant, or wears or displays without
authority any uniform, badge, insignia or facsimile thereof by which
such public servant is lawfully distinguished, or falsely expresses by
[his] words or actions that [he] SUCH PERSON is a public servant or is
acting with approval or authority of a public agency or department; and
(b) so acts with intent to induce another to submit to such pretended
official authority, to solicit funds or to otherwise cause another to
act in reliance upon that pretense; or
S. 8308--A 136 A. 8808--A
4. Impersonates another by communication by internet website or elec-
tronic means with intent to obtain a benefit or injure or defraud anoth-
er, or by such communication pretends to be a public servant in order to
induce another to submit to such authority or act in reliance on such
pretense; or
5. Impersonates another person, without such other person's permis-
sion, by using the other person's electronic signature with intent to
obtain a benefit or injure or defraud the other person or another
person. For the purposes of this subdivision, electronic signature shall
have the same meaning as set forth in subdivision three of section three
hundred two of the state technology law.
AS USED IN THIS SECTION, "IMPERSONATE" AND "PRETEND" SHALL INCLUDE,
BUT NOT BE LIMITED TO, INSTANCES INVOLVING THE USE OF DIGITIZATION.
Criminal impersonation in the second degree is a class A misdemeanor.
§ 6. Section 190.26 of the penal law, as amended by chapter 2 of the
laws of 1998, subdivision 1 as amended by chapter 434 of the laws of
2008, is amended to read as follows:
§ 190.26 Criminal impersonation in the first degree.
A person is guilty of criminal impersonation in the first degree when
[he] THE PERSON:
1. Pretends to be a police officer or a federal law enforcement offi-
cer as enumerated in section 2.15 of the criminal procedure law, or
wears or displays without authority, any uniform, badge or other insig-
nia or facsimile thereof, by which such police officer or federal law
enforcement officer is lawfully distinguished or expresses by [his or
her] words or actions that [he or she] SUCH PERSON is acting with the
approval or authority of any police department or acting as a federal
law enforcement officer with the approval of any agency that employs
federal law enforcement officers as enumerated in section 2.15 of the
criminal procedure law; and
2. So acts with intent to induce another to submit to such pretended
official authority or otherwise to act in reliance upon said pretense
and in the course of such pretense commits or attempts to commit a felo-
ny; or
3. Pretending to be a duly licensed physician or other person author-
ized to issue a prescription for any drug or any instrument or device
used in the taking or administering of drugs for which a prescription is
required by law, communicates to a pharmacist an oral prescription which
is required to be reduced to writing pursuant to section thirty-three
hundred thirty-two of the public health law.
AS USED IN THIS SECTION, "PRETEND" SHALL INCLUDE, BUT NOT BE LIMITED
TO, INSTANCES INVOLVING THE USE OF DIGITIZATION.
Criminal impersonation in the first degree is a class E felony.
§ 7. The opening paragraph of section 190.78 of the penal law, as
added by chapter 619 of the laws of 2002, is amended to read as follows:
A person is guilty of identity theft in the third degree when [he or
she] SUCH PERSON knowingly and with intent to defraud assumes the iden-
tity of another person, INCLUDING WITH THE USE OF DIGITIZATION, by
presenting [himself or herself] THEMSELF as that other person, or by
acting as that other person or by using personal identifying information
of that other person, and thereby:
§ 8. The opening paragraph of section 190.79 of the penal law, as
added by chapter 619 of the laws of 2002, is amended to read as follows:
A person is guilty of [identify] IDENTITY theft in the second degree
when [he or she] SUCH PERSON knowingly and with intent to defraud
assumes the identity of another person, INCLUDING WITH THE USE OF DIGI-
S. 8308--A 137 A. 8808--A
TIZATION, by presenting [himself or herself] THEMSELF as that other
person, or by acting as that other person or by using personal identify-
ing information of that other person, and thereby:
§ 9. The opening paragraph of section 190.80 of the penal law, as
added by chapter 619 of the laws of 2002, is amended to read as follows:
A person is guilty of identity theft in the first degree when [he or
she] SUCH PERSON knowingly and with intent to defraud assumes the iden-
tity of another person, INCLUDING WITH THE USE OF DIGITIZATION, by
presenting [himself or herself] THEMSELF as that other person, or by
acting as that other person or by using personal identifying information
of that other person, and thereby:
§ 10. The opening paragraph of section 190.80-a of the penal law, as
added by chapter 226 of the laws of 2008, is amended to read as follows:
A person is guilty of aggravated identity theft when [he or she] SUCH
PERSON knowingly and with intent to defraud assumes the identity of
another person, INCLUDING WITH THE USE OF DIGITIZATION, by presenting
[himself or herself] THEMSELF as that other person, or by acting as that
other person or by using personal identifying information of that other
person, and knows that such person is a member of the armed forces, and
knows that such member is presently deployed outside of the continental
United States and:
§ 11. The penal law is amended by adding a new section 245.20 to read
as follows:
§ 245.20 UNLAWFUL DISSEMINATION OR PUBLICATION OF A FABRICATED PHOTO-
GRAPHIC, VIDEOGRAPHIC, OR AUDIO RECORD.
1. A PERSON IS GUILTY OF UNLAWFUL DISSEMINATION OR PUBLICATION OF A
FABRICATED PHOTOGRAPHIC, VIDEOGRAPHIC, OR AUDIO RECORD WHEN, WITH INTENT
TO CAUSE HARM TO THE LIBERTY OR EMOTIONAL, SOCIAL, FINANCIAL OR PHYSICAL
WELFARE OF AN IDENTIFIABLE PERSON OR PERSONS, THE ACTOR INTENTIONALLY
CREATES OR CAUSES TO BE CREATED A FABRICATED RECORD OF SUCH PERSON OR
PERSONS AND DISSEMINATES OR PUBLISHES SUCH RECORD OF SUCH PERSON OR
PERSONS WITHOUT SUCH PERSON OR PERSONS' CONSENT.
2. FOR PURPOSES OF THIS SECTION:
(A) "IDENTIFIABLE" SHALL MEAN THE ABILITY TO DISCERN AN INDIVIDUAL'S
IDENTITY EITHER THROUGH THE FABRICATED RECORD ITSELF OR FROM INFORMATION
DISPLAYED IN CONNECTION WITH THE FABRICATED RECORD;
(B) "FABRICATED PHOTOGRAPHIC, VIDEOGRAPHIC, OR AUDIO RECORD" OR
"FABRICATED RECORD" SHALL MEAN A STILL IMAGE, VIDEO OR AUDIO RECORD
THAT:
(I) EXHIBITS A HIGH LEVEL OF AUTHENTICITY OR CONVINCING APPEARANCE
THAT IS VISUALLY OR AUDIBLY INDISTINGUISHABLE FROM REALITY;
(II) IS EITHER MANIPULATED OR ENTIRELY ARTIFICIAL, INCLUDING BUT NOT
LIMITED TO, MANIPULATION THROUGH DIGITIZATION; AND
(III) DEPICTS A SCENARIO THAT DID NOT ACTUALLY OCCUR OR THAT HAS BEEN
ALTERED IN A SIGNIFICANT WAY FROM HOW IT ACTUALLY OCCURRED; AND
(C) "DISSEMINATE" AND "PUBLISH" SHALL HAVE THE SAME MEANINGS AS
DEFINED IN SECTION 250.40 OF THIS TITLE.
3. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:
(A) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD BY A PERSON
WHO DID NOT CREATE THE FABRICATED RECORD OR CAUSE THE FABRICATED RECORD
TO BE CREATED, WHETHER OR NOT SUCH PERSON IS AWARE OF THE AUTHENTICITY
OF THE RECORD;
(B) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD THAT WAS
CREATED DURING THE LAWFUL AND COMMON PRACTICES OF LAW ENFORCEMENT, LEGAL
PROCEEDINGS OR MEDICAL TREATMENT WHERE THE RECORD IS NOT DISSEMINATED OR
PUBLISHED WITH THE INTENT TO MISREPRESENT ITS AUTHENTICITY;
S. 8308--A 138 A. 8808--A
(C) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD THAT WAS
CREATED FOR THE PURPOSE OF POLITICAL OR SOCIAL COMMENTARY, PARODY,
SATIRE, OR ARTISTIC EXPRESSION THAT IS NOT DISSEMINATED OR PUBLISHED
WITH THE INTENT TO MISREPRESENT ITS AUTHENTICITY;
(D) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD THAT WAS
CREATED FOR THE PURPOSE OF NEWS REPORTING WHERE THE RECORD IS NOT
DISSEMINATED OR PUBLISHED WITH THE INTENT TO MISREPRESENT ITS AUTHENTIC-
ITY;
(E) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD THAT WAS
CREATED WHERE THE PERSON REASONABLY BELIEVES THAT THE DISSEMINATION OR
PUBLICATION OF THE RECORD IS NECESSARY TO PROTECT THEMSELVES FROM SERI-
OUS BODILY INJURY OR DEATH;
(F) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD THAT WAS
CREATED FOR THE PURPOSE OF HISTORICAL REENACTMENT OR PRESERVATION,
DIGITAL RESTORATION OR PRESERVATION OF CULTURAL HERITAGE WHERE THE
RECORD IS NOT DISSEMINATED OR PUBLISHED WITH THE INTENT TO MISREPRESENT
ITS AUTHENTICITY;
(G) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD THAT WAS
CREATED FOR THE PURPOSE OF TRAINING OR EDUCATION, PROVIDED HOWEVER THAT
SUCH TRAINING OR EDUCATION SHALL NOT INCLUDE THE TRAINING OR EDUCATION
OF A PERSON OR PERSONS TO ENGAGE IN UNLAWFUL ACTIVITIES;
(H) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD THAT WAS
CREATED FOR THE PURPOSE OF MEMORIALIZING A DECEASED PERSON;
(I) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD THAT WAS
CREATED FOR THE PURPOSE OF LAWFUL SCIENTIFIC, ACADEMIC, OR TECHNOLOGICAL
RESEARCH OR DEVELOPMENT WHERE THE RECORD IS NOT DISSEMINATED OR
PUBLISHED WITH THE INTENT TO MISREPRESENT ITS AUTHENTICITY; AND
(J) INITIAL DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD BY THE
PLATFORM OR SERVICE, PROVIDED THAT THE FABRICATED RECORD WAS NOT CREATED
BY AN INDIVIDUAL WHO IS DIRECTLY AFFILIATED WITH THE PLATFORM OR
SERVICE.
4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT, OR TO ENLARGE,
THE PROTECTIONS THAT 47 U.S.C. § 230 CONFERS ON AN INTERACTIVE COMPUTER
SERVICE FOR CONTENT PROVIDED BY ANOTHER INFORMATION CONTENT PROVIDER, AS
SUCH TERMS ARE DEFINED IN 47 U.S.C. § 230.
UNLAWFUL DISSEMINATION OR PUBLICATION OF A FABRICATED PHOTOGRAPHIC,
VIDEOGRAPHIC, OR AUDIO RECORD IS A CLASS A MISDEMEANOR.
§ 12. Section 263.10 of the penal law, as amended by chapter 1 of the
laws of 2000, is amended to read as follows:
§ 263.10 Promoting an obscene sexual performance by a child.
A person is guilty of promoting an obscene sexual performance by a
child when, knowing the character and content thereof, [he] SUCH PERSON
produces, directs or promotes any obscene performance which includes
sexual conduct by a child less than seventeen years of age, INCLUDING A
PERFORMANCE CREATED OR ALTERED BY DIGITIZATION.
Promoting an obscene sexual performance by a child is a class D felo-
ny.
§ 13. Section 263.11 of the penal law, as amended by chapter 456 of
the laws of 2012, is amended to read as follows:
§ 263.11 Possessing an obscene sexual performance by a child.
A person is guilty of possessing an obscene sexual performance by a
child when, knowing the character and content thereof, [he] SUCH PERSON
knowingly has in [his] SUCH PERSON'S possession or control, or knowingly
accesses with intent to view, any obscene performance which includes
sexual conduct by a child less than sixteen years of age, INCLUDING A
PERFORMANCE CREATED OR ALTERED BY DIGITIZATION.
S. 8308--A 139 A. 8808--A
Possessing an obscene sexual performance by a child is a class E felo-
ny.
§ 14. Section 263.15 of the penal law, as amended by chapter 1 of the
laws of 2000, is amended to read as follows:
§ 263.15 Promoting a sexual performance by a child.
A person is guilty of promoting a sexual performance by a child when,
knowing the character and content thereof, [he] SUCH PERSON produces,
directs or promotes any performance which includes sexual conduct by a
child less than seventeen years of age, INCLUDING A PERFORMANCE CREATED
OR ALTERED BY DIGITIZATION.
Promoting a sexual performance by a child is a class D felony.
§ 15. Section 263.16 of the penal law, as amended by chapter 456 of
the laws of 2012, is amended to read as follows:
§ 263.16 Possessing a sexual performance by a child.
A person is guilty of possessing a sexual performance by a child when,
knowing the character and content thereof, [he] SUCH PERSON knowingly
has in [his] SUCH PERSON'S possession or control, or knowingly accesses
with intent to view, any performance which includes sexual conduct by a
child less than sixteen years of age, INCLUDING A PERFORMANCE CREATED OR
ALTERED BY DIGITIZATION.
Possessing a sexual performance by a child is a class E felony.
§ 16. This act shall take effect on the ninetieth day after it shall
have become a law.
SUBPART C
Section 1. Section 14-106 of the election law is amended by adding a
new subdivision 5 to read as follows:
5. (A) FOR PURPOSES OF THIS SUBDIVISION:
(I) "DIGITIZATION" MEANS USE OF SOFTWARE, MACHINE LEARNING, ARTIFICIAL
INTELLIGENCE, OR ANY OTHER COMPUTER-GENERATED OR TECHNOLOGICAL MEANS,
INCLUDING ADAPTING, MODIFYING, MANIPULATING, OR ALTERING A REALISTIC
DEPICTION.
(II) "DECEPTIVE MEDIA" MEANS ANY VIDEO RECORDING, MOTION PICTURE,
FILM, AUDIO RECORDING, ELECTRONIC IMAGE, PHOTOGRAPH, TEXT, OR ANY TECH-
NOLOGICAL REPRESENTATION OF SPEECH OR CONDUCT FULLY OR PARTIALLY CREATED
OR MODIFIED THROUGH DIGITIZATION THAT:
(1) EXHIBITS A HIGH LEVEL OF AUTHENTICITY OR CONVINCING APPEARANCE
THAT IS VISUALLY OR AUDIBLY INDISTINGUISHABLE FROM REALITY; AND
(2) DEPICTS A SCENARIO THAT DID NOT ACTUALLY OCCUR OR THAT HAS BEEN
ALTERED IN A SIGNIFICANT WAY FROM HOW THEY ACTUALLY OCCURRED.
(B) (I) A PERSON, FIRM, ASSOCIATION, CORPORATION, CAMPAIGN, COMMITTEE,
OR ORGANIZATION THAT WITH THE INTENT TO UNDULY INFLUENCE THE OUTCOME OF
AN ELECTION OR DECEIVE A VOTER, KNOWINGLY DISTRIBUTES OR PUBLISHES WITH-
IN SIXTY DAYS OF AN ELECTION ANY POLITICAL COMMUNICATION THAT WAS
PRODUCED BY OR INCLUDES DIGITIZED DECEPTIVE MEDIA SHALL BE REQUIRED TO
DISCLOSE THE USE OF SUCH DIGITIZATION.
(II) (1) FOR VISUAL MEDIA THE DISCLOSURE SHALL BE PRINTED OR TYPED IN
AN APPROPRIATE LEGIBLE FONT SIZE CONSISTENT WITH OTHER TEXT APPEARING IN
THE VISUAL MEDIA AND IN THE SAME LANGUAGE USED ON THE COMMUNICATION TO
READ AS FOLLOWS: "THIS POLITICAL COMMUNICATION WAS CREATED WITH THE
ASSISTANCE OF DIGITIZATION".
(2) FOR COMMUNICATION THAT IS AUDITORY, SUCH AS RADIO OR AUTOMATED
TELEPHONE CALLS, CLEARLY SPEAKING THE STATEMENT AT THE BEGINNING OF THE
AUDIO IN THE SAME LANGUAGE USED IN THE COMMUNICATION SATISFIES THE
REQUIREMENTS OF CLAUSE ONE OF THIS SUBPARAGRAPH.
S. 8308--A 140 A. 8808--A
(III) THIS PARAGRAPH SHALL NOT APPLY TO THE FOLLOWING:
(1) DECEPTIVE MEDIA THAT CONSTITUTES SATIRE OR PARODY;
(2) DECEPTIVE MEDIA CREATED FOR THE PURPOSES OF NEWS REPORTING; OR
(3) INITIAL DISSEMINATION BY A PLATFORM OR SERVICE INCLUDING, BUT NOT
LIMITED TO, A WEBSITE, REGULARLY PUBLISHED NEWSPAPER, OR MAGAZINE.
(C)(I) A REGISTERED VOTER MAY SEEK INJUNCTIVE OR OTHER EQUITABLE
RELIEF PROHIBITING THE DISTRIBUTION, PUBLICATION, OR BROADCASTING OF ANY
DECEPTIVE MEDIA IN VIOLATION OF THIS SUBDIVISION. AN ACTION UNDER THIS
PARAGRAPH SHALL BE INITIATED BY FILING AN APPLICATION FOR ORDER TO SHOW
CAUSE IN THE SUPREME COURT WHERE THE VOTER RESIDES.
(II) A CANDIDATE WHOSE VOICE OR LIKENESS APPEARS IN DECEPTIVE MEDIA IN
VIOLATION OF THIS SUBDIVISION MAY SEEK INJUNCTIVE RELIEF OR OTHER EQUI-
TABLE RELIEF PROHIBITING THE DISTRIBUTION, PUBLICATION OR BROADCASTING
OF ANY DECEPTIVE MEDIA IN VIOLATION OF THIS SUBDIVISION. AN ACTION UNDER
THIS PARAGRAPH SHALL BE INITIATED BY FILING AN APPLICATION FOR AN ORDER
TO SHOW CAUSE IN THE SUPREME COURT WHERE THE DECEPTIVE MEDIA AT ISSUE
COULD DECEIVE AND INFLUENCE ELECTORS IN AN UPCOMING ELECTION.
(III) THIS PARAGRAPH SHALL NOT BE CONSTRUED TO LIMIT OR PRECLUDE A
PLAINTIFF FROM PURSUING OR RECOVERING ANY OTHER AVAILABLE REMEDY.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, subpart or part of this act shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall not
affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivi-
sion, section, subpart or part thereof directly involved in the contro-
versy in which such judgment shall have been rendered. It is hereby
declared to be the intent of the legislature that this act would have
been enacted even if such invalid provisions had not been included here-
in.
§ 4. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through C of this act shall
be as specifically set forth in the last section of such Subparts.
PART NN
Section 1. Section 2328 of the insurance law, as amended by chapter
182 of the laws of 2023, is amended to read as follows:
§ 2328. Certain motor vehicle insurance rates; prior approval. [For
the periods February first, nineteen hundred seventy-four through August
second, two thousand one, and the effective date of the
property/casualty insurance availability act through June thirtieth, two
thousand twenty-six, no] NO changes in rates, rating plans, rating rules
and rate manuals applicable to motor vehicle insurance, including
no-fault coverages under article fifty-one of this chapter, shall be
made effective until approved by the superintendent, notwithstanding any
inconsistent provisions of this article[; provided, however, that chang-
es in such rates, rating plans, rating rules and rate manuals may be
made effective without such approval if the rates that result from such
changes are no higher than the insurer's rates last approved by the
superintendent]. This section shall apply only to policies covering
losses or liabilities arising out of ownership of a motor vehicle used
principally for the transportation of persons for hire, including a bus
or a school bus as defined in sections one hundred four and one hundred
forty-two of the vehicle and traffic law.
S. 8308--A 141 A. 8808--A
§ 2. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through NN of this act shall be
as specifically set forth in the last section of such Parts.
2023-S8308B - Details
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2023-S8308B - Summary
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2024-2025 state fiscal year; extends the effectiveness of certain provisions relating to the financing of mass transportation by certain municipal corporations (Part A); provides for mass transportation payments to the Capital District Transportation District; adds Warren county to such district (Part E)
2023-S8308B - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8308--B
I N S E N A T E
January 17, 2024
___________
A BUDGET BILL, submitted by the Governor pursuant to article 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 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend part PP of chapter 54 of the laws of 2016 amending the
public authorities law and the general municipal law relating to the
New York transit authority and the metropolitan transportation author-
ity, in relation to extending provisions of law relating to certain
tax increment financing provisions (Part A); intentionally omitted
(Part B); to amend the public authorities law, in relation to enacting
the "toll payer protection act"; to amend the vehicle and traffic law,
in relation to penalties for concealing and obscuring license plates;
and providing for the repeal of certain provisions upon expiration
thereof (Part C); intentionally omitted (Part D); to amend part I of
chapter 413 of the laws of 1999, relating to providing for mass trans-
portation payments, in relation to the amount of payments in the
Capital District Transportation District and adding Warren County to
such District (Part E); to amend chapter 751 of the laws of 2005,
amending the insurance law and the vehicle and traffic law relating to
establishing the accident prevention course internet technology pilot
program, in relation to the effectiveness thereof (Part F); to amend
part U1 of chapter 62 of the laws of 2003, amending the vehicle and
traffic law and other laws relating to increasing certain motor vehi-
cle transaction fees, in relation to the effectiveness thereof; and to
amend part B of chapter 84 of the laws of 2002, amending the state
finance law relating to the costs of the department of motor vehicles,
in relation to the effectiveness thereof (Part G); to amend the vehi-
cle and traffic law, in relation to establishing an online insurance
verification system for motor vehicle insurance; and to repeal certain
provisions of such law relating to motor vehicle insurance and funds
for a certain pilot database system (Part H); to amend the vehicle and
traffic law, in relation to establishing speed limits in cities with
populations in excess of one million people (Part I); 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 effectiveness
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12673-03-4
S. 8308--B 2
thereof (Part J); to amend chapter 3 of the laws of 2020 relating to
establishing the stretch limousine passenger safety task force, in
relation to extending the provisions thereof (Subpart A); to amend the
vehicle and traffic law, in relation to pre-trip safety briefings for
drivers of stretch limousines (Subpart B); to amend the vehicle and
traffic law, in relation to stretch limousine roll-over and anti-in-
trusion protection; and providing for the repeal of such provisions
upon expiration thereof (Subpart C); to amend the transportation law
and the vehicle and traffic law, in relation to penalties for
violations of provisions related to stretch limousines (Subpart D); to
amend the transportation law, in relation to requiring the department
of transportation to provide information regarding federal safety
fitness standards for certain motor carriers (Subpart E); to amend the
vehicle and traffic law, in relation to additional equipment require-
ments for stretch limousines; and providing for the repeal of such
provisions upon expiration thereof (Subpart F); and to amend the vehi-
cle and traffic law, in relation to stretch limousine age and mileage
parameters (Subpart G) (Part K); to amend part EEE of chapter 58 of
the laws of 2023, amending the waterfront commission act relating to
the waterfront commission of New York harbor, in relation to the
effectiveness thereof (Part L); to amend part DDD of chapter 55 of the
laws of 2021 amending the public authorities law relating to the
clean energy resources development and incentives program, in relation
to the effectiveness thereof; and to amend the public authorities law,
in relation to exempting certain viable agricultural land from being
designated as suitable for a build-ready site (Part M); intentionally
omitted (Part N); to amend the public service law, the eminent domain
procedure law, the energy law, the environmental conservation law, the
public authorities law, and the education law, in relation to trans-
ferring the functions of the office of renewable energy siting to the
department of public service and accelerating the permitting of elec-
tric utility transmission facilities; and to repeal certain provisions
of the executive law and the public service law relating thereto (Part
O); to amend the public service law, the public authorities law, the
transportation corporations law and the labor law, in relation to
aligning utility regulation with state climate justice and emission
reduction targets; to repeal section 66-b of the public service law
relating to continuation of gas service; and to repeal section 66-g of
the public service law relating to the sale of indigenous natural gas
for generation of electricity (Part P); to authorize utility and cable
television assessments that provide funds to the department of health
from cable television assessment revenues and to the department of
agriculture and markets, department of environmental conservation,
department of state, and the office of parks, recreation and historic
preservation from utility assessment revenues; and providing for the
repeal of such provisions upon expiration thereof (Part Q); to amend
the agriculture and markets law, in relation to application fees for
the licensing of weighmasters (Part R); to amend the environmental
conservation law, in relation to authorizing state assistance payments
toward climate smart community projects of up to eighty percent to
municipalities that meet criteria relating to financial hardship or
disadvantaged communities (Part S); to amend the environmental conser-
vation law, in relation to air quality control program fees; and to
repeal certain provisions of the environmental conservation law and
the state finance law relating thereto (Part T); intentionally omitted
(Part U); intentionally omitted (Part V); intentionally omitted (Part
S. 8308--B 3
W); intentionally omitted (Part X); to amend chapter 261 of the laws
of 1988, amending the state finance law and other laws relating to
the New York state infrastructure trust fund, in relation to the
effectiveness thereof (Part Y); intentionally omitted (Part Z);
intentionally omitted (Part AA); to amend chapter 495 of the laws of
2004, amending the insurance law and the public health law relating to
the New York state health insurance continuation assistance demon-
stration project, in relation to the effectiveness thereof (Part BB);
intentionally omitted (Part CC); to amend the insurance law, in
relation to supplemental spousal liability insurance (Part DD); to
amend the insurance law, in relation to cost sharing for covered
prescription insulin drugs (Part EE); to amend the insurance law, in
relation to affordable housing (Part FF); intentionally omitted (Part
GG); to amend the insurance law, in relation to certain penalties
(Part HH); intentionally omitted (Part II); to amend the general busi-
ness law, agriculture and markets law, and the public health law, in
relation to enacting the "Consumer and Small business Protection Act"
(Part JJ); to amend the public officers law, in relation to lowering
quorum requirements for meetings of community boards held by videocon-
ferencing in cities with a population of one million or more; and to
amend part WW of chapter 56 of the laws of 2022 amending the public
officers law relating to permitting videoconferencing and remote
participation in public meetings under certain circumstances, in
relation to the effectiveness thereof (Part KK); to amend the insur-
ance law, in relation to reinsurance, distribution for life insurers,
and assessments; and to amend the tax law, in relation to the credit
relating to life and health insurance guaranty corporation assessments
(Part LL); intentionally omitted (Part MM); to amend the insurance
law, in relation to rates for livery insurance (Part NN); to repeal
subdivision 6 of section 51 of the public authorities law, relating to
voting by members of the New York state authorities control board
(Part OO); to amend the public authorities law, in relation to estab-
lishing a local authorities searchable subsidy and economic develop-
ment benefits database; to amend the general municipal law, in
relation to the obligations of certain industrial development agen-
cies; and to amend the not-for-profit corporation law, in relation
to the status of certain local development corporations (Subpart A);
to amend the not-for-profit corporation law and the public authorities
law, in relation to the applicability of open meetings and freedom of
information laws to certain not-for-profit corporations (Subpart B);
to amend the general municipal law, in relation to allowing for the
examination of industrial development agencies and not-for-profit
corporations by county comptrollers (Subpart C); and to amend the
public authorities law and the not-for-profit corporation law, in
relation to reviews by the authorities budget office and granting the
authorities budget office the authority to commence an action or
special proceeding to annul the corporate existence or dissolve a
corporation that has acted beyond its capacity or power or to restrain
it from carrying on unauthorized activities (Subpart D) (Part PP); to
amend the environmental conservation law, in relation to establishing
the position of Catskill park coordinator within the department of
environmental conservation (Part QQ); to amend the executive law, in
relation to establishing the office of flooding prevention and miti-
gation (Part RR); to amend the environmental conservation law, in
relation to establishing the climate change adaptation cost recovery
program; and to amend the state finance law, in relation to establish-
S. 8308--B 4
ing the climate change adaptation fund (Part SS); to amend the New
York state urban development corporation act, in relation to intern-
ships for the regional economic development partnership program (Part
TT); to amend chapter 537 of the laws of 1976, relating to paid, free
and reduced price breakfast for eligible pupils in certain school
districts, in relation to purchases of food products from New York
state farmers, growers, producers or processors (Part UU); to amend
the public authorities law, in relation to directing the Metropolitan
Transportation Authority to expand the Fair Fares NYC program to
include travel on the Long Island Rail Road or Metro-North Railroad
within the city of New York (Subpart A); to amend the public authori-
ties law, in relation to directing the Long Island Rail Road and
Metro-North Railroad to offer a weekly ticket at a reduced rate,
including free transfers to Metropolitan Transportation Authority
subway and bus service, for trips within the city of New York (Subpart
B); and to amend the public authorities law, in relation to directing
the Long Island Rail Road and Metro-North Railroad to implement a half
fare rate program for certain eligible individuals during morning peak
fare time periods across the Metropolitan Transportation Authority's
commuter rail system (Subpart C)(Part VV); to amend the transportation
law, in relation to the purchase of zero-emission buses; to amend the
public authorities law and the general municipal law, in relation to
the procurement of electric-powered buses, vehicles or other related
equipment; and to amend the public service law, in relation to infras-
tructure and capacity related to charging of electric buses and a
tariff for zero-emission bus charging (Part WW); to amend the environ-
mental conservation law and the state finance law, in relation to
enacting the "harmful algal bloom monitoring and prevention act" (Part
XX); to amend the insurance law, in relation to establishing a captive
insurance program for commuter vans, black cars, ambulettes and para-
transit vehicles, and small school buses (Part YY); to amend the tax
law and the state finance law, in relation to imposing a supplemental
state assessment fee on transportation network company prearranged
trips that originate in the state outside the metropolitan commuter
transportation district (Part ZZ); to amend the environmental conser-
vation law and the state finance law, in relation to the disposition
of certain fees and penalties (Part AAA); to amend the highway law, in
relation to designating South Park Avenue and part of Ridge Road in
the city of Lackawanna as a state highway (Part BBB); to amend the
public service law, the environmental conservation law and the state
finance law, in relation to reporting requirements and audits of
private water companies (Part CCC); establishing a commission to
determine what benefits a public bank or network of public banks owned
by the state of New York or by a public authority constituted by the
state of New York can provide; and providing for the repeal of such
provisions upon expiration thereof (Part DDD); to amend the vehicle
and traffic law, in relation to establishing scramble crosswalks lead-
ing to and from school buildings during times of student arrival and
dismissal (Part EEE); to amend the canal law, in relation to directing
the canal corporation to create a chart to identify, map and model
normal and flood water flows in the Oswego river basin and the Mohawk
river basin (Part FFF); to amend the vehicle and traffic law and the
administrative code of the city of New York, in relation to the
contents, and adjudication, of notices of violation returnable to a
parking violations bureau, and to an increase in the fine for commer-
cial vehicles that park on residential streets overnight (Part GGG);
S. 8308--B 5
to amend the New York state urban development corporation act and the
tax law, in relation to enacting the "cannabis farmer rescue and
relief act"; and providing for the repeal of certain provisions upon
expiration thereof (Part HHH); and to amend the environmental conser-
vation law, in relation to establishing the safe water infrastructure
action program (Part III)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
necessary to implement the state transportation, economic development
and environmental conservation budget for the 2024-2025 state fiscal
year. Each component is wholly contained within a Part identified as
Parts A through III. The effective date for each particular provision
contained within such Part is set forth in the last section of such
Part. Any provision in any section contained within a Part, including
the effective date of the Part, which makes a reference to a section "of
this act", when used in connection with that particular component, shall
be deemed to mean and refer to the corresponding section of the Part in
which it is found. Section three of this act sets forth the general
effective date of this act.
PART A
Section 1. Section 3 of part PP of chapter 54 of the laws of 2016
amending the public authorities law and the general municipal law relat-
ing to the New York transit authority and the metropolitan transporta-
tion authority, as amended by section 1 of part C of chapter 58 of the
laws of 2023, is amended to read as follows:
§ 3. This act shall take effect immediately; provided that the amend-
ments to subdivision 1 of section 119-r of the general municipal law
made by section two of this act shall expire and be deemed repealed
April 1, [2024] 2025, and provided further that such repeal shall not
affect the validity or duration of any contract entered into before that
date pursuant to paragraph f of such subdivision.
§ 2. This act shall take effect immediately.
PART B
Intentionally Omitted
PART C
Section 1. This act shall be known and may be cited as the "toll payer
protection act".
§ 2. Section 2985 of the public authorities law is designated to be in
title 11-A of article 9 and a new title heading is added to read as
follows:
TOLL COLLECTIONS
§ 3. The public authorities law is amended by adding a new section
2985-a to read as follows:
S. 8308--B 6
§ 2985-A. TOLLS BY MAIL. 1. APPLICABILITY. THIS SECTION SHALL APPLY TO
THE TOLLS BY MAIL PROGRAM AND SHALL NOT APPLY TO THE PAYMENT OF TOLLS BY
MEANS OF AN ELECTRONIC TOLL DEVICE THAT TRANSMITS INFORMATION THROUGH AN
ELECTRONIC TOLL COLLECTION SYSTEM AS DEFINED IN SUBDIVISION TWELVE OF
SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE OF THIS TITLE.
2. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "CASHLESS TOLLING FACILITY" SHALL MEAN A TOLL HIGHWAY, BRIDGE OR
TUNNEL FACILITY THAT DOES NOT PROVIDE FOR THE IMMEDIATE ON-SITE PAYMENT
IN CASH OF A TOLL OWED FOR THE USE OF SUCH FACILITY.
(B) "CASHLESS TOLLING MONITORING SYSTEM" SHALL MEAN A VEHICLE SENSOR
WHICH AUTOMATICALLY PRODUCES A RECORDED IMAGE OF A VEHICLE AND LICENSE
PLATE AT THE TIME IT IS USED OR OPERATED AT A CASHLESS TOLLING FACILITY
AND WHOSE OWNER HAS INCURRED AN OBLIGATION TO PAY A TOLL THROUGH THE
CASHLESS TOLLING PROGRAM.
(C) "DEBT COLLECTION AGENCY" SHALL MEAN A PERSON, FIRM OR CORPORATION
ENGAGED IN BUSINESS, THE PRINCIPAL PURPOSE OF WHICH IS TO REGULARLY
COLLECT OR ATTEMPT TO COLLECT DEBTS OWED OR DUE OR ASSERTED TO BE OWED
OR DUE TO ANOTHER AND SHALL ALSO INCLUDE A BUYER OF DELINQUENT DEBT WHO
SEEKS TO COLLECT SUCH DEBT EITHER DIRECTLY OR THROUGH THE SERVICES OF
ANOTHER BY, INCLUDING BUT NOT LIMITED TO, INITIATING OR USING LEGAL
PROCESSES OR OTHER MEANS TO COLLECT OR ATTEMPT TO COLLECT SUCH DEBT.
(D) "ELECTRONIC MEANS OF COMMUNICATION" SHALL INCLUDE BUT NOT BE
LIMITED TO ELECTRONIC MAIL AND TEXT MESSAGING.
(E) "ELECTRONIC TOLL COLLECTION SYSTEM" SHALL MEAN A SYSTEM OF
COLLECTING TOLLS OR CHARGES WHICH IS CAPABLE OF CHARGING AN ACCOUNT
HOLDER THE APPROPRIATE TOLL OR CHARGE BY TRANSMISSION OF INFORMATION
FROM AN OPERABLE ELECTRONIC DEVICE ON A MOTOR VEHICLE TO THE TOLL LANE,
WHICH INFORMATION IS USED TO CHARGE THE ACCOUNT THE APPROPRIATE TOLL OR
CHARGE.
(F) "LESSEE" SHALL MEAN ANY PERSON, CORPORATION, FIRM, PARTNERSHIP,
AGENCY, ASSOCIATION, OR ORGANIZATION THAT RENTS, LEASES OR CONTRACTS FOR
THE USE OF ONE OR MORE VEHICLES AND HAS EXCLUSIVE USE THEREOF FOR ANY
PERIOD OF TIME.
(G) "LESSOR" SHALL MEAN ANY PERSON, CORPORATION, FIRM, PARTNERSHIP,
AGENCY, ASSOCIATION, OR ORGANIZATION ENGAGED IN THE BUSINESS OF RENTING
OR LEASING VEHICLES TO ANY LESSEE UNDER A RENTAL AGREEMENT, LEASE OR
OTHERWISE WHEREIN SUCH LESSEE HAS THE EXCLUSIVE USE OF SUCH VEHICLE FOR
ANY PERIOD OF TIME.
(H) "NOTICE OF VIOLATION" SHALL MEAN A NOTICE SENT TO AN OWNER NOTIFY-
ING SUCH OWNER THAT A TOLL INCURRED AT A CASHLESS TOLLING FACILITY BY
THE OWNER HAS NOT BEEN PAID AT THE PLACE AND TIME AND IN THE MANNER
ESTABLISHED FOR COLLECTION OF SUCH TOLL IN THE TOLL BILL.
(I) "OPERABLE ELECTRONIC DEVICE" SHALL MEAN AN ELECTRONIC DEVICE THAT
SUCCESSFULLY TRANSMITS INFORMATION THROUGH AN ELECTRONIC TOLL COLLECTION
SYSTEM.
(J) "OWNER" SHALL MEAN ANY PERSON, CORPORATION, PARTNERSHIP, FIRM,
AGENCY, ASSOCIATION, LESSOR OR ORGANIZATION WHO, AT THE TIME OF INCUR-
RING AN OBLIGATION TO PAY A TOLL AT A CASHLESS TOLLING FACILITY, AND
WITH RESPECT TO THE VEHICLE IDENTIFIED IN THE NOTICE OF TOLL DUE: (I) IS
THE BENEFICIAL OR EQUITABLE OWNER OF SUCH VEHICLE; OR (II) HAS TITLE TO
SUCH VEHICLE; OR (III) IS THE REGISTRANT OR CO-REGISTRANT OF SUCH VEHI-
CLE WHICH IS REGISTERED WITH THE DEPARTMENT OF MOTOR VEHICLES OF THIS
STATE OR ANY OTHER STATE, TERRITORY, DISTRICT, PROVINCE, NATION OR OTHER
JURISDICTION; OR (IV) IS SUBJECT TO THE LIMITATIONS SET FORTH IN SUBDI-
VISION TEN OF SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE OF THIS TITLE,
S. 8308--B 7
USES SUCH VEHICLE IN ITS VEHICLE RENTING AND/OR LEASING BUSINESS; OR (V)
IS A PERSON ENTITLED TO THE USE AND POSSESSION OF A VEHICLE SUBJECT TO A
SECURITY INTEREST IN ANOTHER PERSON.
(K) "PENALTY" SHALL MEAN ANY LATE PAYMENT FEES, CHARGES, OR MONETARY
PENALTIES IMPOSED BY A PUBLIC AUTHORITY, EXCLUSIVE OF ANY TOLL OR TOLLS
INCURRED AT THE CASHLESS TOLLING FACILITY, FOR FAILURE TO TIMELY PAY AN
OBLIGATION TO PAY A TOLL.
(L) "TOLL BILL" SHALL MEAN A NOTICE SENT TO AN OWNER NOTIFYING SUCH
OWNER THAT THE OWNER'S VEHICLE HAS BEEN USED OR OPERATED AT A CASHLESS
TOLLING FACILITY, CROSSED A CASHLESS TOLLING MONITORING SYSTEM WITHOUT
AN OPERABLE ELECTRONIC DEVICE AND HAS INCURRED AN OBLIGATION TO PAY A
TOLL.
(M) "TOLLS BY MAIL PROGRAM" SHALL MEAN ANY PROGRAM OPERATED BY OR ON
BEHALF OF A PUBLIC AUTHORITY TO IDENTIFY VEHICLES THAT CROSS THROUGH A
CASHLESS TOLLING FACILITY WITHOUT AN OPERABLE ELECTRONIC DEVICE AND TO
SEND A TOLL BILL OR NOTICE OF VIOLATION TO THE OWNER OF THE VEHICLE.
(N) "VIOLATION" SHALL MEAN THE FAILURE OF THE OWNER TO TIMELY RESPOND
TO A TOLL BILL.
3. AUTHORIZATION FOR CASHLESS TOLLING. (A) NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, EVERY PUBLIC AUTHORITY THAT OPERATES A TOLL HIGHWAY,
BRIDGE AND/OR TUNNEL FACILITY AND IS AUTHORIZED PURSUANT TO SECTION
TWENTY-NINE HUNDRED EIGHTY-FIVE OF THIS TITLE TO PROMULGATE TOLL
COLLECTION REGULATIONS AND TO IMPOSE MONETARY LIABILITY FOR FAILURE TO
COMPLY WITH SUCH REGULATIONS IS HEREBY AUTHORIZED AND EMPOWERED TO OPER-
ATE A DEMONSTRATION PROGRAM FOR UTILIZATION OF CASHLESS TOLLING FACILI-
TIES, CASHLESS TOLLING MONITORING SYSTEMS, AND A TOLLS BY MAIL PROGRAM
AND TO IMPOSE MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE
TO COMPLY WITH THE TOLL COLLECTION REGULATIONS OF SUCH PUBLIC AUTHORITY
SO LONG AS EACH PUBLIC AUTHORITY COMPLIES WITH THE PROVISIONS OF THIS
SECTION. SUCH PUBLIC AUTHORITY SHALL PROMULGATE REGULATIONS ESTABLISHING
A DEMONSTRATION PROGRAM FOR THE UTILIZATION OF CASHLESS TOLLING FACILI-
TIES, CASHLESS TOLLING MONITORING SYSTEMS, AND A TOLLS BY MAIL PROGRAM
THAT COMPLY WITH THE PROVISIONS OF THIS SECTION. SUCH REGULATIONS MAY
IMPOSE MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE TO
COMPLY WITH SUCH REGULATIONS. NO PUBLIC AUTHORITY SHALL OWN, OPERATE OR
OTHERWISE FACILITATE A CASHLESS TOLLING FACILITY, CASHLESS TOLLING MONI-
TORING SYSTEM, OR TOLLS BY MAIL PROGRAM WITHOUT FIRST PROMULGATING REGU-
LATIONS PURSUANT TO AND IN COMPLIANCE WITH THIS SECTION.
(B) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
ENSURE, TO THE EXTENT PRACTICABLE, THAT RECORDED IMAGES PRODUCED BY SUCH
CASHLESS TOLLING MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDEN-
TIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF A VEHICLE. HOWEVER,
NO TOLL BILL OR NOTICE OF VIOLATION ISSUED PURSUANT TO THIS SECTION
SHALL BE INVALID SOLELY BECAUSE A RECORDED IMAGE ALLOWS FOR THE IDEN-
TIFICATION OF THE CONTENTS OF A VEHICLE, PROVIDED THAT SUCH PUBLIC
AUTHORITY HAS MADE A REASONABLE EFFORT TO COMPLY WITH THE PROVISIONS OF
THIS PARAGRAPH.
(C) EVERY PUBLIC AUTHORITY THAT OPERATES A CASHLESS TOLLING FACILITY
SHALL UNDERTAKE A PUBLIC AWARENESS CAMPAIGN REGARDING THE USE OF AND
PROCESS INVOLVED WITH THE PAYMENT OF TOLLS AT CASHLESS TOLLING FACILI-
TIES. EACH PUBLIC AUTHORITY SHALL PROVIDE SUFFICIENT METHODS FOR OWNERS
TO OBTAIN AN OPERABLE ELECTRONIC DEVICE FOR THE ELECTRONIC TOLL
COLLECTION SYSTEM, INCLUDING MAKING SUCH DEVICES AVAILABLE AT ALL REST
AREAS OWNED OR OPERATED BY EACH AUTHORITY.
(D) EVERY PUBLIC AUTHORITY THAT OPERATES A CASHLESS TOLLING FACILITY
SHALL MAINTAIN A WEBSITE AND TOLL-FREE PHONE NUMBER FOR ANY PERSON TO
S. 8308--B 8
OBTAIN CURRENT INFORMATION ON ANY OUTSTANDING TOLLS AND SHALL IMPLEMENT
A SYSTEM TO NOTIFY THOSE OWNERS WHO SO REQUEST BY ELECTRONIC MEANS OF
COMMUNICATION ABOUT TOLLS AS THEY ARE INCURRED. SUCH WEBSITE AND PHONE
NUMBER SHALL BE PRINTED ON ANY TOLL BILL OR NOTICE OF VIOLATION.
4. OWNER LIABILITY. (A) WITHIN THE JURISDICTION OF EVERY PUBLIC
AUTHORITY WHICH HAS PROMULGATED REGULATIONS PURSUANT TO SUBDIVISION
THREE OF THIS SECTION: (I) THE OWNER SHALL INCUR AN OBLIGATION TO PAY A
TOLL WHEN THE OWNER'S VEHICLE CROSSES THROUGH A CASHLESS TOLLING FACILI-
TY PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH
THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, AND SUCH OBLIGATION IS
EVIDENCED BY INFORMATION OBTAINED FROM THE CASHLESS TOLLING MONITORING
SYSTEM; OR (II) THE OWNER OF A VEHICLE SHALL INCUR AN OBLIGATION TO PAY
A TOLL WHEN SUCH VEHICLE CROSSES A CASHLESS TOLLING FACILITY WITHOUT AN
OPERABLE ELECTRONIC DEVICE AND IS IDENTIFIED BY A CASHLESS TOLLING MONI-
TORING SYSTEM.
(B) THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A CIVIL PENALTY IMPOSED
PURSUANT TO THIS SECTION IF SUCH OWNER INCURRED AN OBLIGATION TO PAY A
TOLL AND FAILS TO TIMELY PAY OR RESPOND TO SUCH TOLL IN THE MANNER SET
FORTH IN THE TOLL BILL IN ACCORDANCE WITH THIS SECTION AND SHALL BE
LIABLE FOR PENALTIES IN ACCORDANCE WITH THE PENALTIES SET FORTH HEREIN.
PROVIDED, HOWEVER, NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY
IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE HAS
BEEN CONVICTED OF A VIOLATION OF TOLL COLLECTION REGULATIONS FOR THE
SAME INCIDENT.
5. TOLL BILLS AND NOTICES OF VIOLATION. (A) TOLL BILL. THE PUBLIC
AUTHORITY SHALL WITHIN THIRTY DAYS OF AN OWNER INCURRING AN OBLIGATION
TO PAY A TOLL SEND A TOLL BILL BY FIRST-CLASS MAIL TO SUCH OWNER. (I)
WITHIN THIRTY DAYS OF THE MAILING OF THE TOLL BILL THE OWNER SHALL (A)
PAY THE TOLL, WITHOUT LIABILITY FOR ANY PENALTY, OR (B) CONTEST SUCH
TOLL BILL. (II) THE TOLL BILL SHALL INCLUDE: (A) THE DATE, TIME,
LOCATION, LICENSE PLATE NUMBER AND VEHICLE REGISTRATION FOR EACH TOLL;
(B) THE TOTAL AMOUNT OF THE TOLL DUE; (C) THE DATE BY WHICH THE TOLL
MUST BE PAID; (D) THE ADDRESS FOR RECEIPT OF PAYMENT AND METHODS OF
PAYMENT FOR SUCH TOLL BILL; (E) THE PROCEDURE FOR CONTESTING ANY TOLL;
(F) INFORMATION RELATED TO THE FAILURE TO TIMELY PAY OR RESPOND TO A
TOLL BILL; (G) THE WEBSITE ADDRESS OR HYPERLINK FOR THE OWNER TO ACCESS
TIME-STAMPED PHOTOGRAPHS OR FOOTAGE OF EACH TOLL INCURRED; AND (H) ANY
OTHER INFORMATION REQUIRED BY LAW OR BY THE AUTHORITY. IF AN AUTHORITY
FAILS TO SEND A TOLL BILL AS SET FORTH IN THIS SECTION, THE OWNER SHALL
NOT BE LIABLE FOR PAYMENT OF THE TOLLS, OR ANY PENALTY.
(B) SECOND TOLL BILL. IF AN OWNER FAILS TO RESPOND TO A TOLL BILL
WITHIN THIRTY DAYS OF THE MAILING OF SUCH TOLL BILL, THE PUBLIC AUTHORI-
TY SHALL SEND A SECOND TOLL BILL BY FIRST-CLASS MAIL WITHIN THIRTY DAYS
OF THE DATE THE OWNER WAS REQUIRED TO RESPOND TO SUCH TOLL BILL. SUCH
SECOND TOLL BILL MAY INCLUDE A PENALTY FOR LATE PAYMENT, WHICH SHALL NOT
EXCEED FIVE DOLLARS AND SHALL INCLUDE ALL OF THE INFORMATION REQUIRED
FOR A TOLL BILL PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION. WITHIN
THIRTY DAYS OF THE MAILING OF THE SECOND TOLL BILL THE OWNER SHALL (I)
PAY THE ASSESSED TOLL AND ANY PENALTY PROVIDED IN SUCH NOTICE, OR (II)
CONTEST TOLL BILL.
(C) NOTICE OF VIOLATION. IF AN OWNER FAILS TO RESPOND TO A SECOND TOLL
BILL WITHIN THIRTY DAYS OF THE MAILING OF SUCH SECOND TOLL BILL, THE
PUBLIC AUTHORITY SHALL SEND BY FIRST-CLASS MAIL A NOTICE OF VIOLATION
WITHIN THIRTY DAYS OF THE DATE THE OWNER WAS REQUIRED TO RESPOND TO SUCH
SECOND TOLL BILL. (I) THE NOTICE OF VIOLATION SHALL INCLUDE: (A) THE
DATE, TIME, LOCATION, LICENSE PLATE NUMBER AND VEHICLE REGISTRATION FOR
S. 8308--B 9
EACH TOLL; (B) THE ASSESSED TOLL AND THE TOTAL AMOUNT OF ALL OUTSTANDING
TOLLS AND PENALTIES AS AUTHORIZED BY THIS SECTION; (C) THE DATE BY WHICH
PAYMENT OF SUCH AMOUNTS ARE DUE; (D) THE ADDRESS FOR RECEIPT OF PAYMENT
AND METHODS OF PAYMENT FOR THE AMOUNTS DUE; (E) THE PROCEDURE FOR
CONTESTING ANY SUCH AMOUNTS; (F) INFORMATION RELATED TO THE FAILURE TO
TIMELY PAY OR RESPOND TO A NOTICE OF VIOLATION; (G) THE WEBSITE ADDRESS
OR HYPERLINK FOR THE OWNER TO ACCESS TIME-STAMPED PHOTOGRAPHS OR FOOTAGE
OF EACH TOLL INCURRED; AND (H) ANY OTHER INFORMATION REQUIRED BY LAW OR
BY THE AUTHORITY. THE NOTICE OF VIOLATION MAY INCLUDE A PENALTY WHICH
SHALL BE TWENTY-FIVE DOLLARS OR TWO TIMES THE TOLL EVADED, WHICHEVER IS
GREATER. IF THE AUTHORITY FAILS TO SEND A TIMELY NOTICE OF VIOLATION AS
SET FORTH IN THIS SECTION, THE OWNER SHALL NOT BE LIABLE FOR PAYMENT OF
THE ALLEGED TOLLS OR ANY PENALTY. (II) THE OWNER SHALL HAVE THIRTY DAYS
FROM THE DATE SUCH NOTICE OF VIOLATION WAS SENT TO (A) PAY THE ASSESSED
TOLL AND PENALTIES, OR (B) CONTEST THE NOTICE. IF AN OWNER FAILS TO
RESPOND TO THE NOTICE OF VIOLATION, THE OWNER SHALL BE LIABLE FOR THE
ASSESSED TOLL AND ANY PENALTY AS PROVIDED IN SUCH NOTICE.
(D) ELECTRONIC NOTICE. ANY TOLL BILL REQUIRED BY THIS SECTION TO BE
SENT BY FIRST-CLASS MAIL MAY INSTEAD BE SENT BY ELECTRONIC MEANS OF
COMMUNICATION UPON THE AFFIRMATIVE CONSENT OF THE OWNER IN A FORM
PRESCRIBED BY THE AUTHORITY. PROVIDED THAT, NOTWITHSTANDING THIS SUBDI-
VISION, A TOLL BILL SENT BY ELECTRONIC MEANS OF COMMUNICATION SHALL BE
SENT WITHIN SEVENTY-TWO HOURS OF AN OWNER INCURRING AN OBLIGATION TO PAY
A TOLL. ANY NOTICE OF VIOLATION REQUIRED BY THIS SECTION TO BE SENT BY
FIRST-CLASS MAIL MAY IN ADDITION TO FIRST-CLASS MAIL BE SENT BY ELEC-
TRONIC MEANS OF COMMUNICATION UPON THE AFFIRMATIVE CONSENT OF THE OWNER
IN A FORM PRESCRIBED BY THE AUTHORITY. A MANUAL OR AUTOMATIC RECORD OF
ELECTRONIC COMMUNICATIONS PREPARED IN THE ORDINARY COURSE OF BUSINESS
SHALL BE SUFFICIENT RECORD OF ELECTRONIC NOTICE. ANY AFFIRMATIVE CONSENT
TO RECEIVE A TOLL BILL OR NOTICE OF VIOLATION BY ELECTRONIC MEANS SHALL
BE REVOCABLE BY THE OWNER AT ANY TIME WITH NOTICE TO THE PUBLIC AUTHORI-
TY OR ITS AGENT AND SHALL AUTOMATICALLY BE DEEMED REVOKED IF THE AUTHOR-
ITY OR ITS AGENT IS UNABLE TO DELIVER TWO CONSECUTIVE NOTICES BY ELEC-
TRONIC MEANS OF COMMUNICATION.
6. PROCEDURE TO CONTEST. (A) EVERY PUBLIC AUTHORITY THAT OPERATES A
CASHLESS TOLLING FACILITY, CASHLESS TOLLING MONITORING SYSTEM, AND TOLLS
BY MAIL PROGRAM SHALL PROMULGATE REGULATIONS ESTABLISHING A PROCEDURE BY
WHICH A PERSON ALLEGED TO BE LIABLE FOR THE PAYMENT OF A TOLL OR A
VIOLATION MAY (I) CONTEST SUCH ALLEGED LIABILITY, (II) SUBMIT THE
CONTEST TO A HEARING, AND (III) HAVE THE RIGHT TO APPEAL.
(B) EVERY TOLL BILL AND NOTICE OF VIOLATION SHALL ON ITS FACE ADVISE
THE OWNER OF THE MANNER AND THE TIME IN WHICH TO CONTEST THE TOLL OR ANY
VIOLATION AND ALSO CONTAIN A WARNING THAT FAILURE TO CONTEST IN THE
MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABILITY AND
THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
7. ADJUDICATION OF LIABILITY. ADJUDICATION OF AN OWNER'S LIABILITY
SHALL BE BY THE ENTITY HAVING JURISDICTION OVER THE CASHLESS TOLLING
FACILITY OR, WHERE AUTHORIZED, BY AN ADMINISTRATIVE TRIBUNAL; AND ALL
SUCH LIABILITY DETERMINATIONS SHALL BE HEARD AND DETERMINED EITHER: (A)
IN THE COUNTY IN WHICH THE OBLIGATION TO PAY A TOLL THROUGH THE CASHLESS
TOLLING PROGRAM WAS ALLEGED TO OCCUR, OR (B) WHERE THE TOLL IS ALLEGED
TO HAVE BEEN INCURRED IN NEW YORK CITY AND, UPON THE CONSENT OF BOTH
PARTIES, IN ANY COUNTY WITHIN NEW YORK CITY IN WHICH THE PUBLIC AUTHORI-
TY OPERATES OR MAINTAINS A CASHLESS TOLLING FACILITY. SUCH ADJUDICATIONS
SHALL BE HEARD AND DETERMINED IN THE SAME MANNER AS CHARGES OF OTHER
S. 8308--B 10
REGULATORY VIOLATIONS OF SUCH PUBLIC AUTHORITY OR PURSUANT TO THE RULES
AND REGULATIONS OF SUCH ADMINISTRATIVE TRIBUNAL AS THE CASE MAY BE.
8. EVIDENCE OF OBLIGATION TO PAY A TOLL OR VIOLATION. (A) A CERTIF-
ICATE SWORN TO OR AFFIRMED BY AN AGENT OF THE PUBLIC AUTHORITY WHICH
CHARGED THAT A LIABILITY FOR AN OBLIGATION TO PAY A TOLL OR A VIOLATION
HAS BEEN INCURRED, OR A FACSIMILE THEREOF BASED UPON INSPECTION OF
RECORDED IMAGES PRODUCED BY A CASHLESS TOLLING MONITORING SYSTEM SHALL
BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN AND SHALL BE
ADMISSIBLE IN ANY PROCEEDING CHARGING A LIABILITY FOR A TOLL OR A
VIOLATION PURSUANT TO THIS SECTION.
(B) ANY SUCH RECORDED IMAGES AND CERTIFICATE EVIDENCING SUCH LIABILITY
SHALL BE AVAILABLE TO THE OWNER UPON REQUEST FOR INSPECTION AND ADMIS-
SION INTO EVIDENCE IN ANY PROCEEDING TO ADJUDICATE SUCH LIABILITY.
(C) ANY LIABILITY IMPOSED PURSUANT TO THIS SECTION SHALL BE BASED UPON
A PREPONDERANCE OF EVIDENCE AS SUBMITTED.
9. DEFENSES. IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF LIABILITY
FOR A TOLL AND/OR VIOLATION THAT:
(A) THE VEHICLE WAS NOT USED OR OPERATED IN VIOLATION OF THIS SECTION
OR THE REGULATIONS PROMULGATED HEREUNDER;
(B) THE VEHICLE WAS USED OR OPERATED WITHOUT THE PERMISSION OF THE
OWNER, EXPRESS OR IMPLIED;
(C) THE RECIPIENT OF A TOLL BILL OR NOTICE OF VIOLATION WAS NOT THE
OWNER OF THE VEHICLE AT THE TIME THE OBLIGATION TO PAY THE TOLL
OCCURRED;
(D) THE VEHICLE HAD BEEN STOLEN PRIOR TO THE TIME THE OBLIGATION WAS
INCURRED AND WAS NOT IN THE POSSESSION OF THE OWNER AT THE TIME THE
OBLIGATION WAS INCURRED. FOR THE PURPOSES OF ASSERTING THIS DEFENSE, IT
SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE
STOLEN VEHICLE IS SUBMITTED TO THE PUBLIC AUTHORITY, COURT OR OTHER
ENTITY HAVING JURISDICTION;
(E) THE VEHICLE HAD BEEN LEASED AT THE TIME THE OBLIGATION WAS
INCURRED. FOR THE PURPOSE OF ASSERTING THIS DEFENSE, IT SHALL BE SUFFI-
CIENT THAT A COPY OF THE RENTAL LEASE OR OTHER CONTRACT DOCUMENT COVER-
ING THE VEHICLE ON THE DATE AND TIME THE TOLL WAS INCURRED IS SUBMITTED
TO THE PUBLIC AUTHORITY, COURT OR OTHER ENTITY HAVING JURISDICTION WITH-
IN THIRTY DAYS OF THE LESSOR RECEIVING THE ORIGINAL TOLL BILL OR NOTICE
OF VIOLATION. SUCH DOCUMENT SHALL INCLUDE THE NAME AND ADDRESS OF THE
LESSEE. FAILURE TO TIMELY SUBMIT SUCH INFORMATION SHALL CONSTITUTE A
WAIVER OF THIS DEFENSE. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF
THIS SECTION, THE LESSEE SHALL BE DEEMED TO BE THE OWNER OF THE VEHICLE
FOR PURPOSES OF THIS SECTION AND SHALL BE SUBJECT TO LIABILITY PURSUANT
TO THIS SECTION, PROVIDED THAT THE AUTHORITY MAILS A TOLL BILL TO THE
LESSEE WITHIN TEN DAYS AFTER THE COURT OR OTHER ENTITY HAVING JURISDIC-
TION, DEEMS THE LESSEE TO BE THE OWNER.
10. FINDING OF VIOLATION. (A) ANY LIABILITY IMPOSED PURSUANT TO THIS
SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR AND SHALL NOT BE
MADE PART OF THE MOTOR VEHICLE OPERATING RECORD, MAINTAINED BY THE
COMMISSIONER OF MOTOR VEHICLES PURSUANT TO THE VEHICLE AND TRAFFIC LAW,
OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED
FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE
COVERAGE.
(B) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, ORDER, RULE OR
REGULATION TO THE CONTRARY, NO REGISTRATION OF ANY NON-COMMERCIAL MOTOR
VEHICLE MAY BE SUSPENDED, REVOKED OR DENIED RENEWAL RESULTING FROM AN
OBLIGATION TO PAY A TOLL AT A CASHLESS TOLLING FACILITY AS DESCRIBED IN
THIS SECTION AND THE COMMISSIONER OF MOTOR VEHICLES SHALL NOT SUSPEND,
S. 8308--B 11
REVOKE OR DENY RENEWAL OF THE REGISTRATION OF A NON-COMMERCIAL MOTOR
VEHICLE RESULTING FROM AN OBLIGATION TO PAY A TOLL AT A CASHLESS TOLLING
FACILITY AS DESCRIBED IN THIS SECTION UNLESS SUCH OWNER IS FOUND LIABLE
FOR FAILURE TO PAY OR RESPOND TO FIVE OR MORE NOTICES OF UNRELATED TOLL
BILLS OR IS LIABLE FOR NO LESS THAN ONE HUNDRED FIFTY DOLLARS IN
OUTSTANDING TOLL BILLS WITHIN AN EIGHTEEN MONTH PERIOD.
11. INDEMNIFICATION. ANY OWNER WHO IS FOUND LIABLE PURSUANT TO THIS
SECTION WHO WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME THE OBLI-
GATION TO PAY THE TOLL WAS INCURRED MAY MAINTAIN AN ACTION FOR INDEMNI-
FICATION AGAINST THE OPERATOR.
12. DATA PROTECTION. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
ALL IMAGES, VIDEOS AND OTHER RECORDED IMAGES COLLECTED BY THE AUTHORITY
PURSUANT TO THIS SECTION SHALL BE FOR THE EXCLUSIVE USE OF SUCH AUTHORI-
TY IN THE DISCHARGE OF ITS DUTIES UNDER THIS SECTION AND SHALL NOT BE
OPEN TO THE PUBLIC NOR BE USED IN ANY COURT IN ANY ACTION OR PROCEEDING
PENDING THEREIN UNLESS SUCH ACTION OR PROCEEDING RELATES TO THE IMPOSI-
TION OF OR INDEMNIFICATION FOR LIABILITY PURSUANT TO THIS SECTION.
(B) THE AUTHORITY, INCLUDING ANY SUBSIDIARY OR CONTRACTOR INVOLVED IN
IMPLEMENTING OR OPERATING AN ELECTRONIC TOLL COLLECTION SYSTEM OR TOLLS
BY MAIL PROGRAM, SHALL NOT SELL, DISTRIBUTE OR MAKE AVAILABLE IN ANY
WAY, THE NAMES AND ADDRESSES OF ANY OWNER THAT PARTICIPATES IN THE TOLLS
BY MAIL PROGRAM, PROVIDED THAT THE FOREGOING RESTRICTION SHALL NOT BE
DEEMED TO PRECLUDE THE EXCHANGE OF SUCH INFORMATION BETWEEN ANY ENTITIES
WITH JURISDICTION OVER OR OPERATING OF A CASHLESS TOLLING FACILITY FOR
THE PURPOSE OF ADMINISTERING SUCH TOLLS BY MAIL PROGRAM.
13. DISPLAY OF TOLL CHARGES. ANY TOLL THAT WILL BE CHARGED FOR THE
USAGE OF ANY BRIDGE, TUNNEL, ROAD, OR ANY OTHER ENTITY BY A PASSENGER
MOTOR VEHICLE SHALL BE DISPLAYED CONSPICUOUSLY AND PROMINENTLY ON
SIGNAGE OF A REASONABLE SIZE IN A MANNER REASONABLY CALCULATED TO
PROVIDE AMPLE AND ADEQUATE NOTICE.
14. DEBT COLLECTION. (A) ON OR AFTER THE EFFECTIVE DATE OF THIS
SECTION, NO PUBLIC AUTHORITY WHICH OPERATES A CASHLESS TOLLING FACILITY
SHALL SELL OR TRANSFER ANY DEBT OWED TO THE PUBLIC AUTHORITY BY AN OWNER
FOR A VIOLATION OF TOLL COLLECTION REGULATIONS TO A DEBT COLLECTION
AGENCY UNLESS ONE YEAR HAS PASSED FROM THE DATE THE OWNER WAS FOUND
LIABLE FOR THE VIOLATION OF TOLL COLLECTION REGULATIONS ASSOCIATED WITH
SUCH DEBT, OR THE OWNER HAS A TOTAL DEBT OWED TO THE PUBLIC AUTHORITY OF
FIVE HUNDRED DOLLARS OR MORE. THE AUTHORITY SHALL NOT SELL OR TRANSFER
ANY DEBT TO A DEBT COLLECTION AGENCY UNLESS SUCH AUTHORITY HAS FIRST
OBTAINED A DEFAULT JUDGMENT IN A COURT OR ADMINISTRATIVE TRIBUNAL WITH
JURISDICTION OVER THE ASSESSED TOLL.
(B) A NOTICE SHALL BE SENT BY FIRST-CLASS MAIL ADVISING THE OWNER THAT
THE DEBT DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE SOLD OR
TRANSFERRED BY THE AUTHORITY TO A DEBT COLLECTION AGENCY ON A SPECIFIED
DATE NO LESS THAN THIRTY DAYS PRIOR TO SUCH SALE OR TRANSFER.
15. INSTALLMENT PAYMENT PLAN. EVERY PUBLIC AUTHORITY THAT OPERATES A
CASHLESS TOLLING FACILITY, CASHLESS TOLLING MONITORING SYSTEM, AND TOLLS
BY MAIL PROGRAM SHALL PROMULGATE RULES AND REGULATIONS THAT ESTABLISH AN
INSTALLMENT PAYMENT PLAN FOR THE PAYMENT OF ANY TOLL AND PENALTY
INCURRED AT A CASHLESS TOLLING FACILITY. INFORMATION RELATED TO SUCH
PLAN SHALL BE INCLUDED IN ANY TOLL BILL AND ANY NOTICE OF VIOLATION AND
SHALL BE DISPLAYED CONSPICUOUSLY ON THE AUTHORITIES' WEBSITES. EACH
OWNER, AT THEIR ELECTION, MAY PARTICIPATE IN SUCH PLAN. THE PUBLIC
AUTHORITY SHALL NOT CHARGE ANY ADDITIONAL FEES OR PENALTIES FOR ENROLL-
MENT IN A PAYMENT PLAN.
S. 8308--B 12
16. ANNUAL REPORT. EVERY PUBLIC AUTHORITY THAT ADOPTS A DEMONSTRATION
PROGRAM PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL SUBMIT AN
ANNUAL REPORT ON THE TOLLS BY MAIL PROGRAM TO THE GOVERNOR, THE TEMPO-
RARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY AND POST ON
ITS WEBSITE ON OR BEFORE THE FIRST DAY OF JUNE SUCCEEDING THE EFFECTIVE
DATE OF THIS SECTION AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN
WHICH THE DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT SHALL INCLUDE,
BUT NOT BE LIMITED TO:
(A) THE LOCATIONS WHERE VEHICLE SENSORS FOR CASHLESS TOLLING MONITOR-
ING SYSTEMS WERE USED;
(B) THE AGGREGATE NUMBER OF TOLLS PAID AT THE LOCATIONS WHERE CASHLESS
TOLLING FACILITIES WERE USED, INCLUDING BOTH THROUGH THE USE OF AN OPER-
ABLE ELECTRONIC DEVICE AND THROUGH THE TOLLS BY MAIL PROGRAM;
(C) THE NUMBER OF OWNERS THAT PAID THEIR TOLL THROUGH THE TOLLS BY
MAIL PROGRAM;
(D) THE NUMBER OF OWNERS THAT PAID THEIR TOLL UPON RECEIPT OF THE
FIRST TOLL BILL;
(E) THE NUMBER OF OWNERS THAT PAID THEIR TOLL UPON RECEIPT OF THE
SECOND TOLL BILL;
(F) THE NUMBER OF OWNERS THAT WERE CHARGED A FIVE DOLLAR FEE FOR LATE
PAYMENT AND THE AGGREGATE AMOUNT OF FEES FOR LATE PAYMENT COLLECTED BY
THE AUTHORITY;
(G) THE NUMBER OF OWNERS THAT WERE CHARGED A PENALTY, THE AMOUNT OF
THE PENALTY CHARGED TO OWNERS AND THE AGGREGATE AMOUNT OF PENALTIES
COLLECTED BY THE AUTHORITY;
(H) THE NUMBER OF OWNERS THAT DISPUTED THE TOLL BILL, THE NUMBER OF
OWNERS THAT SUCCESSFULLY DISPUTED SUCH TOLL BILL AND AN ITEMIZED BREAK-
DOWN OF THE REASONS FOR SUCCESSFULLY DISPUTED TOLLS;
(I) THE NUMBER OF OWNERS THAT DISPUTED THE NOTICE OF VIOLATION AND THE
NUMBER OF OWNERS THAT SUCCESSFULLY DISPUTED SUCH NOTICE OF VIOLATION;
(J) THE NUMBER OF OWNERS THAT PAID THEIR TOLL UPON RECEIPT OF THE
NOTICE OF VIOLATION;
(K) THE AGGREGATE AMOUNT OF PENALTIES CHARGED TO OWNERS;
(L) A COPY OF ALL REGULATIONS THE REPORTING AUTHORITY PROMULGATED
PURSUANT TO THIS SECTION;
(M) THE NUMBER OF TOLLS ADJUDICATED BY EVERY PUBLIC AUTHORITY AND
COURT, INCLUDING ANY APPEAL OF SUCH ADJUDICATIONS, AND THE RESULTS OF
ALL ADJUDICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR TOLLS
RECORDED BY SUCH SYSTEMS;
(N) THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH AUTHORITY FROM SUCH
ADJUDICATIONS;
(O) EXPENSES INCURRED BY SUCH AUTHORITY IN CONNECTION WITH THE TOLLS
BY MAIL PROGRAM;
(P) THE NATURE OF THE ADJUDICATION PROCESS AND ITS RESULTS; AND
(Q) THE NUMBER OF OWNERS WHOSE TOLL BILLS AND VIOLATION NOTICES WERE
RETURNED TO THE PUBLIC AUTHORITY AS UNDELIVERABLE.
§ 4. a. Within 90 days of the effective date of this act, the Tribor-
ough Bridge and Tunnel Authority organized pursuant to section 552 of
the public authorities law shall implement an amnesty program for non-
commercial motor vehicles owned by persons who, with respect to any toll
obligation incurred on or after November 1, 2016 and before May 1, 2022
at a cashless tolling facility operated by the authority, owe tolls,
fines, fees, or penalties exceeding the schedule established pursuant to
section 2985-a of the public authorities law; have been referred to a
debt collection agency; or (3) have had their vehicle registration
suspended. Such amnesty program shall be at least eight weeks in dura-
S. 8308--B 13
tion and shall provide that upon an owner's payment or contesting the
outstanding toll balance during the amnesty period the authority shall
waive all fees, fines, and penalties associated with the outstanding
toll balance, and the authority shall advise the commissioner of motor
vehicles, in such form and manner that such commissioner shall have
prescribed, that such person has responded and any registration suspen-
sion shall be rescinded.
b. The Triborough Bridge and Tunnel Authority shall undertake a public
awareness campaign for such amnesty program, maintain a public website
for any person to obtain information on any outstanding tolls and no
later than 30 days preceding the commencement of the amnesty period,
notify by first-class mail all persons with outstanding toll balances of
their eligibility for the amnesty program. The authority shall provide
for sufficient methods to pay the outstanding toll balances, including
but not limited to, by phone, by mail, or through the internet.
§ 5. Subdivision 8 of section 402 of the vehicle and traffic law, as
amended by chapter 451 of the laws of 2021, is amended and a new section
402-b is added to read as follows:
8. A violation of this section shall be punishable by a fine of not
less than twenty-five nor more than two hundred dollars, except that a
violation of subparagraph (ii) or subparagraph (iii) of paragraph (b) of
subdivision one of this section shall be punishable by a fine of not
less than fifty nor more than three hundred dollars AND SHALL BE SUBJECT
TO THE PROVISIONS OF SECTION FOUR HUNDRED TWO-B OF THIS ARTICLE AND
SUBDIVISION FOUR-H OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER.
§ 402-B. OBSCURED AND OBSTRUCTED LICENSE PLATES; SEIZURE AND REMOVAL
PROCEDURES. 1. (A) UPON MAKING AN ARREST OR UPON ISSUING A SUMMONS OR AN
APPEARANCE TICKET FOR A VIOLATION OF SUBPARAGRAPH (II) OR SUBPARAGRAPH
(III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF
THIS ARTICLE COMMITTED IN THEIR PRESENCE, AN OFFICER MAY REMOVE OR
ARRANGE FOR THE REMOVAL OF ANY COVERING OR COATING WITH ANY ARTIFICIAL
OR SYNTHETIC MATERIAL OR SUBSTANCE AFFIXED OVER THE NUMBER PLATES
WHICH CONCEALS OR OBSCURES THE ABILITY TO EASILY READ SUCH NUMBER PLATES
OR THAT DISTORTS OR OBSTRUCTS A RECORDED OR PHOTOGRAPHIC IMAGE. THE
OWNER OF THE VEHICLE WHO SUCH NUMBER PLATES WERE ISSUED TO SHALL HAVE
ONE WEEK FROM THE DATE SUCH VIOLATION IS ISSUED TO REMOVE ANY ARTIFICIAL
OR SYNTHETIC MATERIAL OR SUBSTANCE THAT CONCEALS OR OBSCURES SUCH
NUMBER PLATES OR TO PURCHASE NEW NUMBER PLATES. A SUMMONS SHALL NOT BE
ISSUED IF, IN THE DISCRETION AND AT THE REQUEST OF SUCH OFFICER, THE
DEFECT IS CORRECTED IN THE PRESENCE OF SUCH OFFICER. THE REFUSAL OF A
POLICE OFFICER TO PERMIT THE REPAIR OF ANY DEFECT IN THEIR PRESENCE
SHALL NOT BE REVIEWABLE, AND SHALL NOT BE A DEFENSE TO ANY VIOLATION
CHARGED IN A SUMMONS ISSUED PURSUANT TO THE PROVISIONS OF THIS SECTION.
(B) ANY COMPLAINT ISSUED FOR ANY VIOLATION OF SUBPARAGRAPH (II) OR
SUBPARAGRAPH (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR
HUNDRED TWO OF THIS ARTICLE IN WHICH THE COATING OR COVERING WAS NOT
SEIZED MAY BE DISMISSED BY THE COURT BEFORE WHICH THE SUMMONS IS RETURN-
ABLE IF THE VIOLATION AS SET FORTH IN THE SUMMONS IS CORRECTED NOT LATER
THAN ONE-HALF HOUR AFTER SUNSET ON THE FIRST FULL BUSINESS DAY AFTER THE
ISSUANCE OF THE SUMMONS AND PROOF OF SUCH CORRECTION IS SUBMITTED TO THE
COURT. FOR THE PURPOSES OF THIS SUBDIVISION, "BUSINESS DAY" SHALL MEAN
ANY CALENDAR DAY EXCEPT SATURDAY AND SUNDAY, OR THE FOLLOWING BUSINESS
HOLIDAYS: NEW YEAR'S DAY, WASHINGTON'S BIRTHDAY, MEMORIAL DAY, INDEPEND-
ENCE DAY, LABOR DAY, COLUMBUS DAY, VETERANS' DAY, THANKSGIVING DAY, AND
CHRISTMAS DAY.
2. FOR PURPOSES OF THIS SECTION:
S. 8308--B 14
(A) THE TERM "OWNER" SHALL MEAN AN OWNER AS DEFINED IN SECTION ONE
HUNDRED TWENTY-EIGHT AND IN SUBDIVISION THREE OF SECTION THREE HUNDRED
EIGHTY-EIGHT OF THIS CHAPTER.
(B) THE TERM "TERMINATION OF THE PROCEEDING" SHALL MEAN THE EARLIEST
OF (I) THIRTY-ONE DAYS FOLLOWING THE IMPOSITION OF SENTENCE; OR (II) THE
DATE OF ACQUITTAL OF A PERSON ARRESTED FOR AN OFFENSE OR DATE OF
DISMISSAL OF A COMPLAINT; OR (III) WHERE LEAVE TO FILE NEW CHARGES OR TO
RESUBMIT THE CASE IS REQUIRED AND HAS NOT BEEN GRANTED, THIRTY-ONE DAYS
FOLLOWING THE DISMISSAL OF THE LAST ACCUSATORY INSTRUMENT FILED IN THE
CASE, OR, IF APPLICABLE, UPON EXPIRATION OF THE TIME GRANTED BY THE
COURT OR TRIBUNAL OR PERMITTED BY STATUTE FOR FILING NEW CHARGES OR
RESUBMITTING THE CASE; OR (IV) WHERE LEAVE TO FILE NEW CHARGES OR TO
RESUBMIT THE CASE IS NOT REQUIRED, THIRTY-ONE DAYS FOLLOWING THE
DISMISSAL OF THE LAST ACCUSATORY INSTRUMENT FILED IN THE CASE, OR, IF
APPLICABLE, UPON EXPIRATION OF THE TIME GRANTED BY THE COURT OR PERMIT-
TED BY STATUTE FOR FILING NEW CHARGES OR RESUBMITTING THE CASE; OR (V)
THE DATE WHEN, PRIOR TO THE FILING OF AN ACCUSATORY INSTRUMENT AGAINST A
PERSON CHARGED WITH A VIOLATION OF SUBPARAGRAPH (II) OR SUBPARAGRAPH
(III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF
THIS ARTICLE, THE PROSECUTING AUTHORITY ELECTS NOT TO PROSECUTE SUCH
PERSON.
3. ANY COVERING OR COATING WITH ANY ARTIFICIAL OR SYNTHETIC MATERIAL
OR SUBSTANCE AFFIXED OVER THE NUMBER PLATES WHICH CONCEALS OR OBSCURES
THE ABILITY TO EASILY READ SUCH NUMBER PLATES OR THAT DISTORTS OR
OBSTRUCTS A RECORDED OR PHOTOGRAPHIC IMAGE WHICH HAS BEEN OR IS BEING
USED IN VIOLATION OF SUBPARAGRAPH (II) OR SUBPARAGRAPH (III) OF PARA-
GRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF THIS ARTICLE
MAY BE SEIZED BY ANY PEACE OFFICER, ACTING PURSUANT TO HIS OR HER
SPECIAL DUTIES, OR POLICE OFFICER, AND FORFEITED AS HEREINAFTER PROVIDED
IN THIS SECTION.
4. ANY COVERING OR COATING WITH ANY ARTIFICIAL OR SYNTHETIC MATERIAL
OR SUBSTANCE AFFIXED OVER THE NUMBER PLATES WHICH CONCEALS OR OBSCURES
THE ABILITY TO EASILY READ SUCH NUMBER PLATES OR THAT DISTORTS OR
OBSTRUCTS A RECORDED OR PHOTOGRAPHIC IMAGE MAY BE SEIZED UPON SERVICE OF
A NOTICE OF VIOLATION UPON THE OWNER OR OPERATOR OF A VEHICLE. THE
SEIZED COVERING OR COATING SHALL BE DELIVERED BY THE OFFICER HAVING MADE
THE SEIZURE TO THE CUSTODY OF THE DISTRICT ATTORNEY OF THE COUNTY WHERE-
IN THE SEIZURE WAS MADE, EXCEPT THAT IN THE CITIES OF NEW YORK, YONKERS,
ROCHESTER AND BUFFALO THE SEIZED COVERING OR COATING SHALL BE DELIVERED
TO THE CUSTODY OF THE POLICE DEPARTMENT OF SUCH CITIES AND SUCH COVERING
OR COATING SEIZED BY A MEMBER OR MEMBERS OF THE STATE POLICE SHALL BE
DELIVERED TO THE CUSTODY OF THE SUPERINTENDENT OF STATE POLICE, TOGETHER
WITH A REPORT OF ALL THE FACTS AND CIRCUMSTANCES OF THE SEIZURE. WITHIN
ONE BUSINESS DAY AFTER THE SEIZURE, NOTICE OF SUCH VIOLATION AND A COPY
OF THE NOTICE OF VIOLATION SHALL BE MAILED TO THE OWNER OF THE MOTOR
VEHICLE ON WHICH THE COVERING OR COATING WAS AFFIXED AT THE ADDRESS FOR
SUCH OWNER SET FORTH IN THE RECORDS MAINTAINED BY THE DEPARTMENT OF
MOTOR VEHICLES OR, FOR VEHICLES NOT REGISTERED IN NEW YORK STATE, SUCH
EQUIVALENT RECORD IN SUCH STATE OF REGISTRATION.
5. (A) THE ATTORNEY GENERAL, IN SEIZURES BY MEMBERS OF THE STATE
POLICE, OR THE DISTRICT ATTORNEY OF THE COUNTY WHEREIN THE SEIZURE IS
MADE IF ELSEWHERE THAN IN THE CITIES OF NEW YORK, YONKERS, ROCHESTER OR
BUFFALO, OR WHERE THE SEIZURE IS MADE IN SUCH CITIES THE CORPORATION
COUNSEL OF THE CITY, SHALL INQUIRE INTO THE FACTS OF THE SEIZURE SO
REPORTED TO THEM. IF IT APPEARS THAT THERE IS A BASIS FOR THE COMMENCE-
MENT AND PROSECUTION OF A CRIME OR TRAFFIC INFRACTION PURSUANT TO THIS
S. 8308--B 15
SECTION, THE COVERING OR COATING WHICH IS THE SUBJECT OF SUCH
PROCEEDINGS SHALL REMAIN IN THE CUSTODY OF SUCH DISTRICT ATTORNEY,
POLICE DEPARTMENT OR SUPERINTENDENT OF STATE POLICE, AS APPLICABLE,
PENDING THE FINAL DETERMINATION OF SUCH PROCEEDINGS.
(B) TO THE EXTENT APPLICABLE, THE PROCEDURES OF ARTICLE THIRTEEN-A OF
THE CIVIL PRACTICE LAW AND RULES SHALL GOVERN PROCEEDINGS AND ACTIONS
UNDER THIS SECTION.
6. NOTICE OF THE SEIZURE OF THE COVERING OR COATING SHALL BE SERVED BY
PERSONAL SERVICE PURSUANT TO THE CIVIL PRACTICE LAW AND RULES UPON ALL
OWNERS OF THE SEIZED MOTOR VEHICLE LISTED IN THE RECORDS MAINTAINED BY
THE DEPARTMENT, OR FOR VEHICLES NOT REGISTERED IN NEW YORK STATE, IN THE
RECORDS MAINTAINED BY THE STATE OF REGISTRATION.
7. NO ACTION UNDER THIS SECTION FOR WRONGFUL SEIZURE SHALL BE INSTI-
TUTED UNLESS SUCH ACTION IS COMMENCED WITHIN TWO YEARS AFTER THE TIME
WHEN THE COATING OR COVERING WAS SEIZED.
8. THE MUNICIPAL POLICE TRAINING COUNCIL AS ESTABLISHED PURSUANT TO
ARTICLE THIRTY-FIVE OF THE EXECUTIVE LAW, AND THE SUPERINTENDENT OF
STATE POLICE, MAY DEVELOP, MAINTAIN AND DISSEMINATE, A MODEL LAW
ENFORCEMENT PROPERTY DISPOSAL POLICY SETTING FORTH RECOMMENDED POLICIES
AND PROCEDURES REGARDING DISPOSAL OF COATINGS OR COVERINGS SEIZED PURSU-
ANT TO THIS SECTION.
§ 6. Subdivision 7 of section 402 of the vehicle and traffic law, as
added by chapter 648 of the laws of 2006, is amended to read as follows:
7. It shall be unlawful for any person, firm, partnership, associ-
ation, limited liability company or corporation to sell, offer for sale
or distribute (A) any artificial or synthetic material or substance for
the purpose of application to a number plate that will, upon application
to a number plate, distort a recorded or photographic image of such
number plate, (B) ANY MATERIAL FOR USE TO INTENTIONALLY VIOLATE PARA-
GRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, OR (C) A MATERIAL
PURPORTED TO BE A NUMBER PLATE BUT WHICH HAS NOT BEEN ISSUED BY THE
COMMISSIONER OR THE EQUIVALENT OFFICIAL FROM ANOTHER STATE, TERRITORY,
OR COUNTRY.
§ 7. Section 510 of the vehicle and traffic law is amended by adding a
new subdivision 4-h to read as follows:
4-H. SUSPENSION OF REGISTRATION FOR FAILURE TO COMPLY WITH REMOVING
ANY ARTIFICIAL OR SYNTHETIC MATERIAL OR SUBSTANCE THAT CONCEALS OR
OBSCURES NUMBER PLATES OR THE PURCHASE OF NEW NUMBER PLATES. UPON THE
RECEIPT OF A NOTIFICATION FROM A COURT OR AN ADMINISTRATIVE TRIBUNAL
THAT AN OWNER OF A MOTOR VEHICLE FAILED TO COMPLY WITH THE PROVISIONS OF
SECTION FOUR HUNDRED TWO-B OF THIS CHAPTER OR WAS CONVICTED OF AN
OFFENSE INVOLVING USE OF A MATERIAL PURPORTED TO BE A NUMBER PLATE THAT
WAS NOT ISSUED BY THE COMMISSIONER OR THE EQUIVALENT OFFICIAL FROM
ANOTHER STATE, TERRITORY, OR COUNTRY, THE COMMISSIONER OR SUCH COMMIS-
SIONER'S AGENT SHALL SUSPEND THE REGISTRATION OF THE VEHICLE INVOLVED IN
THE VIOLATION AND SUCH SUSPENSION SHALL REMAIN IN EFFECT UNTIL SUCH TIME
AS THE COMMISSIONER IS ADVISED THAT THE OWNER OF SUCH VEHICLE HAS SATIS-
FIED THE REQUIREMENTS OF SUCH SECTION.
§ 8. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however that sections two, three,
five and seven of this act shall expire 5 years after such effective
date when upon such date such provisions of such sections shall be
deemed repealed. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
S. 8308--B 16
PART D
Intentionally Omitted
PART E
Section 1. Section 1 of part I of chapter 413 of the laws of 1999,
relating to providing for mass transportation payments, as amended by
section 1 of part E of chapter 58 of the laws of 2022, is amended to
read as follows:
Section 1. Notwithstanding any other law, rule or regulation to the
contrary, payment of mass transportation operating assistance pursuant
to section 18-b of the transportation law shall be subject to the
provisions contained herein and the amounts made available therefor by
appropriation.
In establishing service and usage formulas for distribution of mass
transportation operating assistance, the commissioner of transportation
may combine and/or take into consideration those formulas used to
distribute mass transportation operating assistance payments authorized
by separate appropriations in order to facilitate program administration
and to ensure an orderly distribution of such funds.
To improve the predictability in the level of funding for those
systems receiving operating assistance payments under service and usage
formulas, the commissioner of transportation is authorized with the
approval of the director of the budget, to provide service payments
based on service and usage statistics of the preceding year.
In the case of a service payment made, pursuant to section 18-b of the
transportation law, to a regional transportation authority on account of
mass transportation services provided to more than one county (consider-
ing the city of New York to be one county), the respective shares of the
matching payments required to be made by a county to any such authority
shall be as follows:
Percentage
of Matching
Local Jurisdiction Payment
--------------------------------------------
In the Metropolitan Commuter
Transportation District:
New York City ................ 6.40
Dutchess ..................... 1.30
Nassau ....................... 39.60
Orange ....................... 0.50
Putnam ....................... 1.30
Rockland ..................... 0.10
Suffolk ...................... 25.70
Westchester .................. 25.10
In the Capital District Trans-
portation District:
Albany ....................... [55.27] 54.05
Rensselaer ................... [22.96] 22.45
Saratoga ..................... [4.04] 3.95
Schenectady .................. [16.26] 15.90
Montgomery ................... [1.47] 1.44
WARREN ....................... 2.21
S. 8308--B 17
In the Central New York Re-
gional Transportation Dis-
trict:
Cayuga ....................... 5.11
Onondaga ..................... 75.83
Oswego ....................... 2.85
Oneida ....................... 16.21
In the Rochester-Genesee Re-
gional Transportation Dis-
trict:
Genesee ...................... 1.36
Livingston ................... .90
Monroe ....................... 90.14
Wayne ........................ .98
Wyoming ...................... .51
Seneca ....................... .64
Orleans ...................... .77
Ontario ...................... 4.69
In the Niagara Frontier Trans-
portation District: Erie ......................... 89.20
Niagara ...................... 10.80
Notwithstanding any other inconsistent provisions of section 18-b of
the transportation law or any other law, any moneys provided to a public
benefit corporation constituting a transportation authority or to other
public transportation systems in payment of state operating assistance
or such lesser amount as the authority or public transportation system
shall make application for, shall be paid by the commissioner of trans-
portation to such authority or public transportation system in lieu, and
in full satisfaction, of any amounts which the authority would otherwise
be entitled to receive under section 18-b of the transportation law.
Notwithstanding the reporting date provision of section 17-a of the
transportation law, the reports of each regional transportation authori-
ty and other major public transportation systems receiving mass trans-
portation operating assistance shall be submitted on or before July 15
of each year in the format prescribed by the commissioner of transporta-
tion. Copies of such reports shall also be filed with the chairpersons
of the senate finance committee and the assembly ways and means commit-
tee and the director of the budget. The commissioner of transportation
may withhold future state operating assistance payments to public trans-
portation systems or private operators that do not provide such reports.
Payments may be made in quarterly installments as provided in subdivi-
sion 2 of section 18-b of the transportation law or in such other manner
and at such other times as the commissioner of transportation, with the
approval of the director of the budget, may provide; and where payment
is not made in the manner provided by such subdivision 2, the matching
payments required of any city, county, Indian tribe or intercity bus
company shall be made within 30 days of the payment of state operating
assistance pursuant to this section or on such other basis as may be
agreed upon by the commissioner of transportation, the director of the
budget, and the chief executive officer of such city, county, Indian
tribe or intercity bus company.
The commissioner of transportation shall be required to annually eval-
uate the operating and financial performance of each major public trans-
portation system. Where the commissioner's evaluation process has iden-
tified a problem related to system performance, the commissioner may
S. 8308--B 18
request the system to develop plans to address the performance deficien-
cies. The commissioner of transportation may withhold future state oper-
ating assistance payments to public transportation systems or private
operators that do not provide such operating, financial, or other infor-
mation as may be required by the commissioner to conduct the evaluation
process.
Payments shall be made contingent upon compliance with regulations
deemed necessary and appropriate, as prescribed by the commissioner of
transportation and approved by the director of the budget, which shall
promote the economy, efficiency, utility, effectiveness, and coordinated
service delivery of public transportation systems. The chief executive
officer of each public transportation system receiving a payment shall
certify to the commissioner of transportation, in addition to informa-
tion required by section 18-b of the transportation law, such other
information as the commissioner of transportation shall determine is
necessary to determine compliance and carry out the purposes herein.
Counties, municipalities or Indian tribes that propose to allocate
service payments to operators on a basis other than the amount earned by
the service payment formula shall be required to describe the proposed
method of distributing governmental operating aid and submit it one
month prior to the start of the operator's fiscal year to the commis-
sioner of transportation in writing for review and approval prior to the
distribution of state aid. The commissioner of transportation shall only
approve alternate distribution methods which are consistent with the
transportation needs of the people to be served and ensure that the
system of private operators does not exceed established maximum service
payment limits. Copies of such approvals shall be submitted to the
chairpersons of the senate finance and assembly ways and means commit-
tees.
Notwithstanding the provisions of subdivision 4 of section 18-b of the
transportation law, the commissioner of transportation is authorized to
continue to use prior quarter statistics to determine current quarter
payment amounts, as initiated in the April to June quarter of 1981. In
the event that actual revenue passengers and actual total number of
vehicle, nautical or car miles are not available for the preceding quar-
ter, estimated statistics may be used as the basis of payment upon
approval by the commissioner of transportation. In such event, the
succeeding payment shall be adjusted to reflect the difference between
the actual and estimated total number of revenue passengers and vehicle,
nautical or car miles used as the basis of the estimated payment. The
chief executive officer may apply for less aid than the system is eligi-
ble to receive. Each quarterly payment shall be attributable to operat-
ing expenses incurred during the quarter in which it is received, unless
otherwise specified by such commissioner. In the event that a public
transportation system ceases to participate in the program, operating
assistance due for the final quarter that service is provided shall be
based upon the actual total number of revenue passengers and the actual
total number of vehicle, nautical or car miles carried during that quar-
ter.
Payments shall be contingent on compliance with audit requirements
determined by the commissioner of transportation.
In the event that an audit of a public transportation system or
private operator receiving funds discloses the existence of an overpay-
ment of state operating assistance, regardless of whether such an over-
payment results from an audit of revenue passengers and the actual
number of revenue vehicle miles statistics, or an audit of private oper-
S. 8308--B 19
ators in cases where more than a reasonable return based on equity or
operating revenues and expenses has resulted, the commissioner of trans-
portation, in addition to recovering the amount of state operating
assistance overpaid, shall also recover interest, as defined by the
department of taxation and finance, on the amount of the overpayment.
Notwithstanding any other law, rule or regulation to the contrary,
whenever the commissioner of transportation is notified by the comp-
troller that the amount of revenues available for payment from an
account is less than the total amount of money for which the public mass
transportation systems are eligible pursuant to the provisions of
section 88-a of the state finance law and any appropriations enacted for
these purposes, the commissioner of transportation shall establish a
maximum payment limit which is proportionally lower than the amounts set
forth in appropriations.
Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
of the state finance law and any other general or special law, payments
may be made in quarterly installments or in such other manner and at
such other times as the commissioner of transportation, with the
approval of the director of the budget may prescribe.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024.
PART F
Section 1. Section 5 of chapter 751 of the laws of 2005, amending the
insurance law and the vehicle and traffic law relating to establishing
the accident prevention course internet technology pilot program, as
amended by section 1 of part O of chapter 58 of the laws of 2022, is
amended to read as follows:
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and be deemed repealed April
1, [2024] 2026; provided that any rules and regulations necessary to
implement the provisions of this act on its effective date are author-
ized and directed to be completed on or before such date.
§ 2. This act shall take effect immediately.
PART G
Section 1. Section 13 of part U1 of chapter 62 of the laws of 2003,
amending the vehicle and traffic law and other laws relating to increas-
ing certain motor vehicle transaction fees, as amended by section 1 of
part P of chapter 58 of the laws of 2022, is amended to read as follows:
§ 13. This act shall take effect immediately; provided however that
sections one through seven of this act, the amendments to subdivision 2
of section 205 of the tax law made by section eight of this act, and
section nine of this act shall expire and be deemed repealed on April 1,
[2024] 2026; provided further, however, that the provisions of section
eleven of this act shall take effect April 1, 2004 and shall expire and
be deemed repealed on April 1, [2024] 2026.
§ 2. Section 2 of part B of chapter 84 of the laws of 2002, amending
the state finance law relating to the costs of the department of motor
vehicles, as amended by section 2 of part P of chapter 58 of the laws of
2022, is amended to read as follows:
§ 2. This act shall take effect April 1, 2002; provided, however, if
this act shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
S. 8308--B 20
after April 1, 2002; provided further, however, that this act shall
expire and be deemed repealed on April 1, [2024] 2026.
§ 3. This act shall take effect immediately.
PART H
Section 1. Subdivision 1 of section 312-a of the vehicle and traffic
law, as amended by chapter 781 of the laws of 1983, is amended to read
as follows:
1. Upon issuance of an owner's policy of liability insurance or other
financial security required by this chapter, an insurer shall issue
proof of insurance in accordance with the regulations promulgated by the
commissioner [pursuant to paragraph (b) of subdivision two of section
three hundred thirteen of this article].
§ 2. The vehicle and traffic law is amended by adding a new section
312-b to read as follows:
§ 312-B. ONLINE INSURANCE VERIFICATION SYSTEM OF MOTOR VEHICLE INSUR-
ANCE. 1. THE COMMISSIONER MAY ESTABLISH A SYSTEM FOR THE ONLINE VERIFI-
CATION OF INSURANCE. INFORMATION AVAILABLE IN THE ONLINE INSURANCE
VERIFICATION SYSTEM SHALL BE PROVIDED BY MOTOR VEHICLE INSURERS PURSUANT
TO RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER, IF HE OR SHE
DETERMINES ESTABLISHMENT OF SUCH SYSTEM WOULD FURTHER THE PURPOSES OF
THIS ARTICLE AS SET FORTH IN SUBDIVISION TWO OF SECTION THREE HUNDRED
TEN OF THIS ARTICLE.
2. THE ONLINE INSURANCE VERIFICATION SYSTEM SHALL INCLUDE, AT A MINI-
MUM, THE ABILITY TO:
(A) SEND REQUESTS TO INSURERS FOR VERIFICATION OF EVIDENCE OF INSUR-
ANCE VIA WEB SERVICES, THROUGH THE INTERNET, OR A SIMILAR PROPRIETARY OR
COMMON CARRIER ELECTRONIC SYSTEM, AS WELL AS RECEIVE FROM INSURERS
VERIFICATION OF EVIDENCE OF INSURANCE IN A FORM AND MANNER AS DETERMINED
BY THE COMMISSIONER;
(B) INCLUDE APPROPRIATE PROVISIONS TO SECURE DATA AGAINST UNAUTHORIZED
ACCESS;
(C) BE UTILIZED FOR VERIFICATION OF THE EVIDENCE OF MANDATORY LIABIL-
ITY INSURANCE COVERAGE AS PRESCRIBED BY THE LAWS OF THE STATE AND SHALL
BE ACCESSIBLE TO AUTHORIZED PERSONNEL OF THE DEPARTMENT, THE COURTS, LAW
ENFORCEMENT AND OTHER ENTITIES AUTHORIZED BY THE STATE AS PERMITTED BY
ANY STATE OR FEDERAL PRIVACY LAWS, AND THE ONLINE INSURANCE VERIFICATION
SYSTEM SHALL BE INTERFACED, WHEREVER APPROPRIATE, WITH EXISTING OR
FUTURE STATE SYSTEMS, IN A FORM AND MANNER AS DETERMINED BY THE COMMIS-
SIONER;
(D) INCLUDE INFORMATION WHICH SHALL ENABLE THE DEPARTMENT TO MAKE
INQUIRIES TO INSURERS FOR EVIDENCE OF INSURANCE INCLUDING BUT NOT LIMIT-
ED TO VEHICLE IDENTIFICATION NUMBERS AND POLICY NUMBERS; AND
(E) RESPOND TO EACH REQUEST FOR INSURANCE INFORMATION WITHIN AN AMOUNT
OF TIME DETERMINED BY THE COMMISSIONER.
THE ONLINE INSURANCE VERIFICATION SYSTEM SHALL BE CAPABLE OF RESPOND-
ING WITHIN THE TIME ESTABLISHED.
3. THE COMMISSIONER, IN CONJUNCTION WITH THE SUPERINTENDENT OF STATE
POLICE AND LOCAL LAW ENFORCEMENT OFFICIALS, SHALL FORMULATE A MEANS TO
ALLOW THE ONLINE INSURANCE VERIFICATION SYSTEM TO BE EASILY ACCESSIBLE
TO ON-DUTY LAW ENFORCEMENT PERSONNEL IN THE PERFORMANCE OF THEIR OFFI-
CIAL DUTIES FOR THE PURPOSE OF VERIFYING WHETHER AN OPERATOR OF A MOTOR
VEHICLE MAINTAINS PROPER INSURANCE COVERAGE AND TO INCREASE COMPLIANCE
WITH THE MOTOR VEHICLE FINANCIAL SECURITY LAWS UNDER THIS ARTICLE AND
ARTICLE EIGHT OF THIS TITLE.
S. 8308--B 21
4. NOTHING IN THIS SECTION SHALL PROHIBIT THE COMMISSIONER FROM
CONTRACTING WITH A PRIVATE SECTOR PROVIDER OR PROVIDERS TO IMPLEMENT THE
REQUIREMENTS OF THIS SECTION OR TO ASSIST IN ESTABLISHING AND MAINTAIN-
ING SUCH SYSTEM IN THE STATE.
5. IF IMPLEMENTED, THE ONLINE INSURANCE VERIFICATION SYSTEM SHALL
UNDERGO AN APPROPRIATE TESTING AND PILOT PERIOD OF NOT LESS THAN ONE
YEAR, AFTER WHICH THE COMMISSIONER MAY CERTIFY THAT SUCH SYSTEM IS FULLY
OPERATIONAL.
§ 3. The vehicle and traffic law is amended by adding a new section
312-c to read as follows:
§ 312-C. INSURER RESPONSIBILITIES FOR THE ONLINE INSURANCE VERIFICA-
TION SYSTEM. 1. INSURERS SHALL PROVIDE ACCESS TO MOTOR VEHICLE INSUR-
ANCE POLICY STATUS INFORMATION AS PROVIDED BY, AND CONSISTENT WITH ANY
TIME FRAMES ESTABLISHED BY, ANY RULES AND REGULATIONS PROMULGATED BY THE
COMMISSIONER.
2. EVERY INSURER THAT IS LICENSED TO ISSUE MOTOR VEHICLE INSURANCE
POLICIES OR IS AUTHORIZED TO DO BUSINESS IN THE STATE SHALL COMPLY WITH
THIS SECTION AND SECTION THREE HUNDRED TWELVE-B OF THIS ARTICLE FOR
VERIFICATION OF EVIDENCE OF VEHICLE INSURANCE FOR EVERY VEHICLE INSURED
BY THAT INSURER IN THE STATE AS REQUIRED BY THE RULES AND REGULATIONS
PROMULGATED BY THE COMMISSIONER.
§ 4. Subdivision 2 and paragraphs (a), (b), (c), (d), (f), (g), (h),
and (i) of subdivision 4 of section 313 of the vehicle and traffic law
are REPEALED.
§ 5. The opening paragraph and paragraph (e) of subdivision 4 of
section 313 of the vehicle and traffic law, as amended by chapter 509 of
the laws of 1998, are amended to read as follows:
Notwithstanding any other provision of this article to the contrary,
the commissioner shall establish a pilot program to maintain an up-to-
date insured vehicle identification database to assist in identifying
uninsured motor vehicles. Such databases shall be implemented by the
department pursuant to standards prescribed by the commissioner or an
agent designated by the commissioner which shall seek technical assist-
ance from affected insurers and the New York Automobile Insurance Plan.
This program shall utilize all information collected pursuant to this
section and shall also include the following elements:
[(e)(1)] (A) Either simultaneously or after the up-dated database
system has been established, the commissioner shall develop a computer
indicator that can be imprinted on a vehicle registration sticker or on
a sticker to be affixed to the insured's license plate. Such indicator
system shall enable law enforcement personnel and other authorized
persons when acting in the course of their official duties to access the
department's database so that such persons can ascertain whether a vehi-
cle is properly insured or not insured;
[(2)] (B) Such computer indicator system shall enable authorized
persons in the performance of their official duties to access informa-
tion such as the registrant's name, vehicle identification number, name
of insurer, current status of insurance, vehicle registration number and
other information that the commissioner deems necessary to implement the
provisions of this section. The commissioner in developing such computer
indicator system shall enable authorized persons in the performance of
their official duties to access only such information that is necessary
to detect uninsured motor vehicles or accomplish other goals clearly
established and authorized by law. Such computer indicator system shall
be designed to protect the personal privacy interests of motorists;
S. 8308--B 22
§ 6. Subdivision 3 of section 313 of the vehicle and traffic law, as
amended by chapter 781 of the laws of 1983, is amended to read as
follows:
3. A cancellation or termination for which notice is required to be
filed with the commissioner [pursuant to subdivision two of this
section] shall not be effective with respect to persons other than the
named insured and members of the insured's household until the insurer
has filed a notice thereof with the commissioner or until another insur-
ance policy covering the same risk has been procured, except that a
notice filed with the commissioner, in the format prescribed by the
commissioner[, within the period prescribed in subdivision two of this
section] shall be effective as of the date certified therein, regardless
of whether a suspension order is issued pursuant to section three
hundred eighteen of this article. A receipt from the department stating
that a notice of termination has been filed shall be deemed conclusive
evidence of such filing. An insurer shall cooperate with the commission-
er in attempting to identify persons not in compliance with this article
in cases where the information reported by the insurer does not corre-
spond with records maintained by the department.
§ 7. Paragraph (d) of subdivision 3 of section 317 of the vehicle and
traffic law is REPEALED.
§ 8. This act shall take effect immediately; provided, however,
sections one, four, six, and seven of this act shall take effect if and
when the online insurance verification system is installed and fully
operational pursuant to subdivision 5 of section 312-b of the vehicle
and traffic law, as added by section two of this act, as certified by
the Commissioner of the Department of Motor Vehicles. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such date.
PART I
Section 1. Short title. This act shall be known and may be cited as
"Sammy's law".
§ 2. Paragraphs 26 and 27 of subdivision (a) of section 1642 of the
vehicle and traffic law, paragraph 26 as added and paragraph 27 as
amended by chapter 248 of the laws of 2014, are amended to read as
follows:
26. (a) With respect to highways (which term for the purposes of this
paragraph shall include private roads open to public motor vehicle traf-
fic) in such city, other than state highways maintained by the state on
which the department of transportation shall have established higher or
lower speed limits than the statutory fifty-five miles per hour speed
limit as provided in section sixteen hundred twenty of this title, or on
which the department of transportation shall have designated that such
city shall not establish any maximum speed limit as provided in section
sixteen hundred twenty-four of this title, subject to the limitations
imposed by section sixteen hundred eighty-four of this title, establish-
ment of maximum speed limits at which vehicles may proceed within such
city or within designated areas of such city higher or lower than the
fifty-five miles per hour maximum statutory limit. [No] EXCEPT FOR HIGH-
WAYS THAT CONSIST OF THREE OR MORE THROUGH TRAVEL LANES IN THE SAME
DIRECTION, NO such speed limit applicable throughout such city or within
designated areas of such city shall be established at less than [twen-
ty-five] TWENTY miles per hour, [except] PROVIDED THAT THIS EXCEPTION
S. 8308--B 23
SHALL NOT APPLY IN A COUNTY WITH A POPULATION OF NO LESS THAN ONE
MILLION SIX HUNDRED NINETY-FOUR THOUSAND AND NO MORE THAN ONE MILLION
SIX HUNDRED NINETY-FIVE THOUSAND AS OF THE TWO THOUSAND TWENTY DECENNIAL
CENSUS, AND PROVIDED, FURTHER, that school speed limits may be estab-
lished at no less than fifteen miles per hour pursuant to the provisions
of section sixteen hundred forty-three of this article.
(b) A city shall not lower OR RAISE a speed limit [by more than five
miles per hour] pursuant to this paragraph unless such city provides
written notice and an opportunity to comment to the community board or
community boards established pursuant to section twenty-eight hundred of
the New York city charter with jurisdiction over the area in which the
lower OR HIGHER speed limit shall apply. Such notice may be provided by
electronic mail and shall be provided sixty days prior to the establish-
ment of such lower OR HIGHER speed limit.
27. (a) Establishment of maximum speed limits below [twenty-five]
TWENTY miles per hour at which motor vehicles may proceed on or along
designated highways within such city for the explicit purpose of imple-
menting traffic calming measures as such term is defined herein;
provided, however, that no speed limit shall be set below [fifteen] TEN
miles per hour nor shall such speed limit be established where the traf-
fic calming measure to be implemented consists solely of a traffic
control sign. Establishment of such a speed limit shall, where applica-
ble, be in compliance with the provisions of sections sixteen hundred
twenty-four and sixteen hundred eighty-four of this [chapter] TITLE.
Nothing contained herein shall be deemed to alter or affect the estab-
lishment of school speed limits pursuant to the provisions of section
sixteen hundred forty-three of this article. For the purposes of this
paragraph, "traffic calming measures" shall mean any physical engineer-
ing measure or measures that reduce the negative effects of motor vehi-
cle use, alter driver behavior and improve conditions for non-motorized
street users such as pedestrians and bicyclists.
(b) Any city establishing maximum speed limits below [twenty-five]
TWENTY miles per hour pursuant to clause (i) of this subparagraph shall
submit a report to the governor, the temporary president of the senate
and the speaker of the assembly on or before March first, two thousand
fifteen and biannually thereafter on the results of using traffic calm-
ing measures and speed limits lower than [twenty-five] TWENTY miles per
hour as authorized by this paragraph. This report shall also be made
available to the public by such city on its website. Such report shall
include, but not be limited to the following:
(i) a description of the designated highways where traffic calming
measures and a lower speed limit were established [and];
(ii) a description of the specific traffic calming measures used and
the maximum speed limit established [and];
(iii) AN EXPLANATION OF THE REASONS FOR SETTING LOWER SPEED LIMITS,
HOW THOSE LOWER SPEED LIMITS COMPLY WITH ENGINEERING STANDARDS, AND HOW
THEY WILL ENSURE THAT MOTOR VEHICLES CAN OPERATE AT SAFE SPEEDS IN A
MANNER THAT OPTIMIZES ALL ROAD USERS' SAFETY AND CONVENIENCE; AND
(IV) a comparison of the aggregate type, number, and severity of acci-
dents reported on streets on which street calming measures and lower
speed limits were implemented in the year preceding the implementation
of such measures and policies and the year following the implementation
of such measures and policies, to the extent this information is main-
tained by any agency of the state or the city.
§ 3. 1. For the purpose of informing and educating persons who operate
motor vehicles in this state:
S. 8308--B 24
(a) Any law enforcement official authorized to issue appearance tick-
ets pursuant to the vehicle and traffic law may, during the six-month
period beginning on the effective date of this act, stop motor vehicles
and issue verbal warnings to persons who are in violation of the maximum
speed limits lowered by section two of this act, and who are traveling
at a speed of less than fifteen miles per hour over such maximum speed
limits.
(b) Any municipality authorized to issue appearance tickets by mail
where a jurisdiction has installed a photo speed monitoring system
pursuant to the vehicle and traffic law may, during the six-month period
beginning on the effective date of this act, issue written warnings to
persons who are in violation of the maximum speed limits lowered by
section two of this act, and who are traveling at a speed of less than
15 miles per hour over such maximum speed limits.
2. The department of transportation for the city of New York shall
implement an education campaign which shall, at a minimum:
(a) Alert drivers to the passage of this act;
(b) Educate drivers of the dangers of speeding, including the known
increases of fatalities and serious injuries in crashes involving a
vehicle traveling over 20 miles per hour; and
(c) Educate drivers of the dangers of crashes involving pedestrians.
3. The department of transportation for the city of New York shall
install additional signage around school zones that notifies drivers of
the speed limit.
§ 4. This act shall take effect on the sixtieth day after it shall
have become a law.
PART J
Section 1. Section 3 of part FF of chapter 55 of the laws of 2017,
relating to motor vehicles equipped with autonomous vehicle technology,
as amended by section 1 of part J of chapter 58 of the laws of 2023, is
amended to read as follows:
§ 3. This act shall take effect April 1, 2017; provided, however, that
section one of this act shall expire and be deemed repealed April 1,
[2024] 2029.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024.
PART K
Section 1. This part enacts into law components of legislation relat-
ing to stretch limousine safety. Each component is wholly contained
within a Subpart identified as Subparts A through G. The effective date
for each particular provision contained within such Subpart is set forth
in the last section of such Subpart. Any provision in any section
contained within a Subpart, including the effective date of the Subpart,
which makes a reference to a section "of this act", when used in
connection with that particular component, shall be deemed to mean and
refer to the corresponding section of the Subpart in which it is found.
Section three of this part sets forth the general effective date of this
part.
SUBPART A
S. 8308--B 25
Section 1. Subdivision 8 of section 1 and section 2 of chapter 3 of
the laws of 2020 relating to establishing the stretch limousine passen-
ger safety task force, as amended by chapter 177 of the laws of 2022,
are amended to read as follows:
8. The task force shall, on or before October 1, 2022, issue a final
report and recommendations to the governor, the temporary president of
the senate, and the speaker of the assembly; PROVIDED THAT THE TASK
FORCE SHALL CONTINUE TO HOLD PUBLIC HEARINGS AND MEETINGS AS NECESSARY
TO REVIEW THE ACTIONS TAKEN BY THE STATE TO IMPLEMENT THE RECOMMENDA-
TIONS OF SUCH FINAL REPORT AND SHALL PUBLISH A REPORT OF ITS FINDINGS ON
OR BEFORE APRIL 15, 2025.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law and shall expire and be deemed repealed [May 31, 2023]
DECEMBER 31, 2025.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after November 1, 2021;
provided, however, that the amendments to subdivision 8 of section 1 of
chapter 3 of the laws of 2020 relating to establishing the stretch
limousine passenger safety task force, made by section one of this act
shall not affect the expiration of such chapter and shall be deemed
repealed therewith.
SUBPART B
Section 1. Section 509-g of the vehicle and traffic law is amended by
adding a new subdivision 7 to read as follows:
7. IN ADDITION TO ANY OTHER PROVISIONS OF THIS SECTION, IN THE EVENT
THE COMMISSIONER REQUIRES THE PROVISION OF LIVE IN-PERSON PRE-TRIP SAFE-
TY BRIEFINGS, ALL MOTOR CARRIERS SHALL REGULARLY REQUIRE EACH DRIVER WHO
OPERATES ALTERED MOTOR VEHICLES COMMONLY REFERRED TO AS "STRETCH LIMOU-
SINES" TO DEMONSTRATE THEIR PROFICIENCY IN PROVIDING PRE-TRIP SAFETY
BRIEFINGS REQUIRED PURSUANT TO SUBDIVISION NINE OF SECTION FIVE HUNDRED
NINE-M OF THIS ARTICLE.
§ 2. Section 509-m of the vehicle and traffic law is amended by adding
a new subdivision 9 to read as follows:
9. (A) ESTABLISH AND REGULARLY UPDATE THE FORM AND CONTENT OF A PRE-
TRIP SAFETY BRIEFING FOR MOTOR CARRIERS THAT OPERATE ALTERED MOTOR VEHI-
CLES COMMONLY REFERRED TO AS "STRETCH LIMOUSINES", WHICH OPERATORS SHALL
PROVIDE TO PASSENGERS PRIOR TO TRANSPORTING ANY PERSONS FOR HIRE IN SUCH
STRETCH LIMOUSINE.
(B) THE COMMISSIONER SHALL COORDINATE WITH THE DEPARTMENT OF TRANSPOR-
TATION AND THE DIVISION OF STATE POLICE IN PREPARING THE FORM AND
CONTENT OF SUCH SAFETY BRIEFING, AND MAY ENGAGE ADDITIONAL ENTITIES OR
INDIVIDUALS THE COMMISSIONER DEEMS APPROPRIATE.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
SUBPART C
Section 1. Section 375 of the vehicle and traffic law is amended by
adding a new subdivision 55 to read as follows:
55. STRETCH LIMOUSINE ANTI-INTRUSION PROTECTION. (A) IT SHALL BE
UNLAWFUL TO OPERATE OR CAUSE TO BE OPERATED A STRETCH LIMOUSINE REGIS-
S. 8308--B 26
TERED IN THIS STATE ON ANY PUBLIC HIGHWAY OR PRIVATE ROAD OPEN TO PUBLIC
MOTOR VEHICLE TRAFFIC UNLESS SUCH VEHICLE IS EQUIPPED WITH ROLL-OVER
PROTECTION DEVICES SUCH AS CAGES OR PILLARS AND ANTI-INTRUSION BARS FOR
THE PURPOSE OF PROTECTING REAR COMPARTMENT PASSENGERS, WHICH SHALL
CONFORM TO STANDARDS PRESCRIBED BY THE COMMISSIONER OF TRANSPORTATION IN
CONSULTATION WITH THE COMMISSIONER.
(B) FOR THE PURPOSES OF THIS SUBDIVISION:
(I) "STRETCH LIMOUSINE" SHALL MEAN AN ALTERED MOTOR VEHICLE HAVING A
SEATING CAPACITY OF NINE OR MORE PASSENGERS, INCLUDING THE DRIVER,
COMMONLY REFERRED TO AS A "STRETCH LIMOUSINE" AND WHICH IS USED IN THE
BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION.
(II) "STRETCH LIMOUSINE" SHALL EXCLUDE A HISTORICAL MOTOR VEHICLE OR
ANY OTHER MOTOR VEHICLE WHICH IS OWNED AND OPERATED AS AN EXHIBITION
PIECE OR COLLECTOR'S ITEM, AND IS USED FOR PARTICIPATION IN CLUB ACTIV-
ITIES, EXHIBITS, TOURS, PARADES, OCCASIONAL TRANSPORTATION AND SIMILAR
USES, BUT NOT USED IN THE BUSINESS OF TRANSPORTING PASSENGERS FOR
COMPENSATION.
§ 2. Severability. If any clause, sentence, subdivision, paragraph,
section or part of this act be adjudged by any court of competent juris-
diction to be invalid, or if any federal agency determines in writing
that this act would render New York state ineligible for the receipt of
federal funds, such judgment or written determination shall not affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, subdivision, paragraph, section or
part thereof directly involved in the controversy in which such judgment
or written determination shall have been rendered.
§ 3. This act shall take effect two years after it shall have become a
law. Provided, however, that this act shall be deemed repealed if any
federal agency determines in writing that this act would render New York
state ineligible for the receipt of federal funds or any court of compe-
tent jurisdiction finally determines that this act would render New York
state out of compliance with federal law or regulation. The commissioner
of motor vehicles or the commissioner of transportation shall notify the
legislative bill drafting commission upon the occurrence of any federal
agency determining in writing that this act would render New York state
ineligible for the receipt of federal funds or any court of competent
jurisdiction finally determines that this act would render New York
state out of compliance with federal law or regulation in order that the
commission may maintain an accurate and timely effective data base of
the official text of the laws of the state of New York in furtherance of
effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.
SUBPART D
Section 1. Subparagraph (i) of paragraph b of subdivision 9 of section
140 of the transportation law, as amended by chapter 9 of the laws of
2020, is amended to read as follows:
(i) Whenever an altered motor vehicle commonly referred to as a
"stretch limousine" has failed an inspection and been placed out-of-ser-
vice, the commissioner may direct a police officer or [his or her] AN
agent OF SUCH COMMISSIONER to immediately secure possession of the
number plates of such vehicle and return the same to the commissioner of
S. 8308--B 27
motor vehicles. The commissioner shall notify the commissioner of motor
vehicles to that effect, and the commissioner of motor vehicles shall
thereupon suspend the registration of such vehicle until such time as
the commissioner gives notice that the out-of-service defect has been
satisfactorily adjusted. Provided, however, that the commissioner shall
give notice and an opportunity to be heard within not more than thirty
days of the suspension. Failure of the holder or of any person possess-
ing such plates to deliver to the commissioner or [his or her] THEIR
agent who requests the same pursuant to this paragraph shall be a misde-
meanor. The commissioner of motor vehicles shall have the authority to
deny a registration or renewal application to any other person for the
same vehicle where it has been determined that such registrant's intent
has been to evade the purposes of this paragraph and where the commis-
sioner of motor vehicles has reasonable grounds to believe that such
registration or renewal will have the effect of defeating the purposes
of this paragraph. The procedure on any such suspension shall be the
same as in the case of a suspension under the vehicle and traffic law.
Operation of such motor vehicle while under suspension as provided in
this subdivision shall constitute a class A misdemeanor. OPERATING SUCH
MOTOR VEHICLE WHILE UNDER SUSPENSION AS PROVIDED IN THIS SUBDIVISION
SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN TEN THOUSAND DOLLARS AND
ASSESSED TO THE HOLDER OR OF ANY PERSON POSSESSING SUCH PLATES FOR EACH
OFFENSE COMMITTED, IN ADDITION TO ANY OTHER FINES, PENALTIES OR ACTIONS
TAKEN WITH RESPECT TO SUCH CONDUCT.
§ 2. The vehicle and traffic law is amended by adding a new section
511-e to read as follows:
§ 511-E. SEIZURE AND REDEMPTION OF UNLAWFULLY OPERATED AND UNSAFE
COMMERCIAL MOTOR VEHICLES. 1. UPON DETERMINING THAT A COMMERCIAL MOTOR
VEHICLE IS OPERATING WITH AN OUT-OF-SERVICE DEFECT THAT IS OF A TYPE
WHERE PURSUANT TO THE DEPARTMENT OF TRANSPORTATION'S REGULATIONS NO
INSPECTION WOULD BE ISSUED UNTIL THE DEFECT IS REPAIRED AND A RE-INSPEC-
TION IS CONDUCTED, OR IS RELATED TO ITS HORN, AND AN OFFICER, IN CONSUL-
TATION WITH THE DEPARTMENT OF TRANSPORTATION, DETERMINES THAT ALLOWING
THE COMMERCIAL MOTOR VEHICLE TO CONTINUE OPERATING WOULD BE CONTRARY TO
PUBLIC SAFETY, SUCH OFFICER MAY REMOVE OR ARRANGE FOR THE REMOVAL OF THE
VEHICLE TO A GARAGE, AUTOMOBILE POUND, OR OTHER PLACE OF SAFETY WHERE IT
SHALL REMAIN IMPOUNDED, SUBJECT TO THE PROVISIONS OF THIS SECTION. THE
VEHICLE SHALL BE ENTERED INTO THE NEW YORK STATEWIDE POLICE INFORMATION
NETWORK AS AN IMPOUNDED VEHICLE AND THE IMPOUNDING POLICE DEPARTMENT
SHALL PROMPTLY NOTIFY THE OWNER AND THE LOCAL AUTHORITY THAT THE VEHICLE
HAS BEEN IMPOUNDED.
2. A COMMERCIAL MOTOR VEHICLE SO IMPOUNDED SHALL BE IN THE CUSTODY OF
THE LOCAL AUTHORITY AND SHALL NOT BE RELEASED UNLESS:
(A) THE PERSON WHO REDEEMS IT HAS FURNISHED SATISFACTORY EVIDENCE OF
REGISTRATION AND FINANCIAL SECURITY;
(B) PAYMENT HAS BEEN MADE FOR THE REASONABLE COSTS OF REMOVAL AND
STORAGE OF THE COMMERCIAL MOTOR VEHICLE. THE REGISTERED OWNER OF THE
VEHICLE SHALL BE RESPONSIBLE FOR SUCH PAYMENT PROVIDED. PAYMENT PRIOR TO
RELEASE OF THE VEHICLE SHALL NOT BE REQUIRED IN CASES WHERE THE IMPOUND-
ED VEHICLE WAS STOLEN OR WAS RENTED OR LEASED PURSUANT TO A WRITTEN
AGREEMENT FOR A PERIOD OF THIRTY DAYS OR LESS, HOWEVER THE MOTOR CARRIER
WHO WAS OPERATING SUCH VEHICLE SHALL BE LIABLE FOR THE COSTS OF REMOVAL
AND STORAGE OF THE VEHICLE TO ANY ENTITY RENDERING SUCH SERVICE.
(C) WHERE THE COMMERCIAL MOTOR VEHICLE WAS OPERATED BY A PERSON WHO AT
THE TIME OF THE OFFENSE WAS THE OWNER THEREOF, (I) SATISFACTORY EVIDENCE
THAT THE REGISTERED OWNER OR OTHER PERSON SEEKING TO REDEEM THE VEHICLE
S. 8308--B 28
HAS A LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE IN THIS STATE, AND
(II)(A) SATISFACTORY EVIDENCE THAT THE OUT-OF-SERVICE DEFECT OR DEFECTS
FORMING THE BASIS FOR SUCH SEIZURE OR IMPOUNDMENT HAVE BEEN REPAIRED OR
THE REGISTERED OWNER HAS PROVIDED SATISFACTORY EVIDENCE THAT THE VEHICLE
WILL BE PERMANENTLY TAKEN OUT OF SERVICE, OR (B) A CERTIFICATE ISSUED BY
THE COURT OR ADMINISTRATIVE TRIBUNAL IN WHICH THE SEIZURE ACTION WAS
COMMENCED ORDERING RELEASE OF THE VEHICLE PRIOR TO THE JUDGMENT OR
COMPLIANCE THEREWITH IN THE INTEREST OF JUSTICE, OR (C) A CERTIFICATE
ISSUED BY THE COMMISSIONER OF TRANSPORTATION OR OTHER OFFICER AUTHORIZED
TO ENFORCE COMPLIANCE WITH REMEDYING OUT-OF-SERVICE DEFECTS HAS WAIVED
THE AUTHORIZATION TO HOLD THE VEHICLE AFTER FINDING THAT SUCH RELEASE
WOULD NOT BE CONTRARY TO PUBLIC SAFETY.
3. WHEN A COMMERCIAL MOTOR VEHICLE SEIZED AND IMPOUNDED PURSUANT TO
THIS SECTION HAS BEEN IN THE CUSTODY OF THE LOCAL AUTHORITY FOR THIRTY
DAYS, SUCH AUTHORITY SHALL MAKE INQUIRY IN THE MANNER PRESCRIBED BY THE
COMMISSIONER AS TO THE NAME AND ADDRESS OF THE OWNER AND ANY LIENHOLDER
AND UPON RECEIPT OF SUCH INFORMATION SHALL NOTIFY THE OWNER AND THE
LIENHOLDER, IF ANY, AT THEIR LAST KNOWN ADDRESS BY CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, THAT IF THE VEHICLE IS NOT RETRIEVED PURSUANT
TO SUBDIVISION TWO OF THIS SECTION WITHIN THIRTY DAYS FROM THE DATE THE
NOTICE IS GIVEN, IT MAY BE FORFEITED. IF THE VEHICLE WAS REGISTERED IN
NEW YORK STATE, THE LAST KNOWN ADDRESS SHALL BE THAT ADDRESS ON FILE
WITH THE COMMISSIONER. IF THE VEHICLE WAS REGISTERED OUT-OF-STATE OR
NEVER REGISTERED, NOTIFICATION SHALL BE MADE IN THE MANNER PRESCRIBED BY
THE COMMISSIONER.
4. A COMMERCIAL MOTOR VEHICLE THAT HAS BEEN SEIZED AND NOT RETRIEVED
PURSUANT TO THE FOREGOING PROVISIONS OF THIS SECTION MAY BE FORFEITED TO
THE LOCAL AUTHORITY UPON EXPIRATION OF THE PERIOD OF THE NOTICE SET
FORTH IN SUBDIVISION THREE OF THIS SECTION PROVIDED, HOWEVER, IN COMPUT-
ING SUCH PERIOD, THE PERIOD OF TIME DURING WHICH A CRIMINAL PROSECUTION
OR ADMINISTRATIVE HEARING IS OR WAS PENDING AGAINST THE OWNER FOR POTEN-
TIAL VIOLATIONS SHALL BE EXCLUDED. A PROCEEDING TO DECREE SUCH FORFEI-
TURE AND TO RECOVER TOWING AND STORAGE COSTS, IF ANY, TO THE EXTENT SUCH
COSTS EXCEED THE FAIR MARKET VALUE OF THE VEHICLE MAY BE BROUGHT BY THE
LOCAL AUTHORITY IN THE COURT OR ADMINISTRATIVE TRIBUNAL IN WHICH THE
CIVIL OR CRIMINAL ACTION WAS COMMENCED BY PETITION FOR AN ORDER DECREE-
ING FORFEITURE OF THE MOTOR VEHICLE, ACCOMPANIED BY AN AFFIDAVIT ATTEST-
ING TO FACTS SHOWING THAT FORFEITURE IS WARRANTED. IF THE IDENTITY AND
ADDRESS OF THE OWNER AND/OR LIENHOLDER IS KNOWN TO THE LOCAL AUTHORITY,
TEN DAYS' NOTICE SHALL BE GIVEN TO SUCH PARTY, WHO SHALL HAVE AN OPPOR-
TUNITY TO APPEAR AND BE HEARD PRIOR TO ENTRY OF AN ORDER DECREEING
FORFEITURE. WHERE THE COURT OR ADMINISTRATIVE TRIBUNAL IS SATISFIED THAT
FORFEITURE OF A MOTOR VEHICLE IS WARRANTED IN ACCORDANCE WITH THIS
SECTION, IT SHALL ENTER AN ORDER DECREEING FORFEITURE OF SUCH VEHICLE.
PROVIDED, HOWEVER, THAT THE COURT OR ADMINISTRATIVE TRIBUNAL AT ANY TIME
PRIOR TO ENTRY OF SUCH AN ORDER MAY AUTHORIZE RELEASE OF THE VEHICLE IN
ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION UPON A SHOWING OF GOOD
CAUSE FOR FAILURE TO RETRIEVE SAME PRIOR TO COMMENCEMENT OF THE PROCEED-
ING TO DECREE FORFEITURE, BUT IF THE COURT OR ADMINISTRATIVE TRIBUNAL
ORDERS RELEASE OF THE MOTOR VEHICLE AS HEREIN PROVIDED AND THE VEHICLE
IS NOT REDEEMED WITHIN TEN DAYS FROM THE DATE OF SUCH ORDER, THE VEHICLE
SHALL BE DEEMED TO HAVE BEEN ABANDONED AND THE COURT OR ADMINISTRATIVE
TRIBUNAL UPON APPLICATION OF THE LOCAL AUTHORITY MUST ENTER AN ORDER
DECREEING ITS FORFEITURE.
S. 8308--B 29
5. A MOTOR VEHICLE FORFEITED IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION SHALL BE AND BECOME THE PROPERTY OF THE LOCAL AUTHORITY, SUBJECT
HOWEVER TO ANY LIEN THAT WAS RECORDED PRIOR TO THE SEIZURE.
6. (A) FOR THE PURPOSES OF THIS SECTION, THE TERM "LOCAL AUTHORITY"
MEANS THE MUNICIPALITY IN WHICH THE COMMERCIAL MOTOR VEHICLE WAS SEIZED;
EXCEPT THAT IF THE VEHICLE WAS SEIZED ON PROPERTY OF THE NEW YORK STATE
THRUWAY AUTHORITY OR PROPERTY UNDER THE JURISDICTION OF THE OFFICE OF
PARKS, RECREATION AND HISTORIC PRESERVATION, THE DEPARTMENT OF TRANSPOR-
TATION, OR A PUBLIC AUTHORITY OR COMMISSION, THE TERM "LOCAL AUTHORITY"
MEANS SUCH AUTHORITY, OFFICE, DEPARTMENT, OR COMMISSION. A COUNTY MAY
PROVIDE BY LOCAL LAW THAT THE COUNTY MAY ACT AS THE AGENT FOR A LOCAL
AUTHORITY UNDER THIS SECTION.
(B) FOR THE PURPOSES OF THIS SECTION, THE TERM "COMMERCIAL MOTOR VEHI-
CLE" SHALL MEAN A SELF-PROPELLED OR TOWED MOTOR VEHICLE USED ON A HIGH-
WAY IN COMMERCE TO TRANSPORT PASSENGERS OR PROPERTY AS DEFINED PURSUANT
TO 17 NYCRR PART 820.
7. WHEN A COMMERCIAL MOTOR VEHICLE HAS BEEN SEIZED AND IMPOUNDED
PURSUANT TO THIS SECTION, THE LOCAL AUTHORITY OR ANY PERSON HAVING
CUSTODY OF THE VEHICLE SHALL MAKE THE VEHICLE AVAILABLE OR GRANT ACCESS
TO IT TO ANY OWNER OR ANY PERSON DESIGNATED OR AUTHORIZED BY SUCH OWNER
FOR THE PURPOSE OF (A) TAKING POSSESSION OF ANY PERSONAL PROPERTY FOUND
WITHIN THE VEHICLE, AND (B) OBTAINING PROOF OF REGISTRATION, FINANCIAL
SECURITY, TITLE OR DOCUMENTATION IN SUPPORT THEREOF, AND (C) CURING THE
OUT-OF-SERVICE DEFECT OR DEFECTS.
§ 3. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.
SUBPART E
Section 1. Subdivision 9 of section 138 of the transportation law, as
amended by chapter 12 of the laws of 2020, is amended to read as
follows:
9. To maintain and annually update its website to provide information
with regard to each bus operator or motor carrier under subparagraphs
(ii) and (vi) of paragraph a of subdivision two of section one hundred
forty of this article requiring department operating authority that
includes the bus operator's or motor carrier's name, number of
inspections, number of out of service orders, operator identification
number, location and region of operation including place of address,
percentile to which an operator or motor carrier falls with respect to
out of service defects, the number or percentage of out of service
defects where pursuant to the commissioner's regulations no inspection
certificate shall be issued until the defect is repaired and a re-in-
spection is conducted, and the number of serious physical injury or
fatal crashes involving a for-hire vehicle requiring operating authority
pursuant to this article, AND ANY ADDITIONAL PUBLICLY AVAILABLE INFORMA-
TION PROVIDED IN ACCORDANCE WITH THE SAFETY FITNESS STANDARDS ESTAB-
LISHED PURSUANT TO PART 385 OF TITLE 49 OF THE CODE OF FEDERAL REGU-
LATIONS.
§ 2. Subparagraph (iii) of paragraph (b) of subdivision 10 of section
138 of the transportation law, as added by chapter 5 of the laws of
2020, is amended to read as follows:
S. 8308--B 30
(iii) In consultation and cooperation with the commissioner of motor
vehicles, the commissioner shall report on safety issues reported to
such website, and toll-free hotline and related investigations summariz-
ing (A) the total number of safety issue reports received and the type
of safety issues reported; (B) the total number of safety issue reports
received and the type of safety issues reported where the commissioner
or the commissioner of motor vehicles, as applicable, verified the
information provided; (C) enforcement actions and other responses taken
by the commissioner or the commissioner of motor vehicles, as applica-
ble, to safety issue reports received where the commissioner or the
commissioner of motor vehicles, as applicable, has verified such infor-
mation; and (D) the length of time between the receipt of safety issue
reports from such website, or hotline and enforcement action or other
response by the commissioner or the commissioner of motor vehicles, as
applicable. Such report shall be made publicly available on the depart-
ment's website in a searchable format, [and] shall be published no less
than once annually, AND SHALL COMPARE THE PREVIOUS THREE YEARS OF REPORT
DATA TO THE EXTENT APPLICABLE. Such report may also be included within
the department's annual report submitted pursuant to subdivision thir-
teen of section fourteen of this chapter.
§ 3. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.
SUBPART F
Section 1. Section 375 of the vehicle and traffic law is amended by
adding a new subdivision 56 to read as follows:
56. STRETCH LIMOUSINE ADDITIONAL EQUIPMENT REQUIREMENTS. (A) IT SHALL
BE UNLAWFUL TO OPERATE OR CAUSE TO BE OPERATED A STRETCH LIMOUSINE
REGISTERED IN THIS STATE ON ANY PUBLIC HIGHWAY OR PRIVATE ROAD OPEN TO
PUBLIC MOTOR VEHICLE TRAFFIC UNLESS SUCH VEHICLE IS EQUIPPED WITH THE
NECESSARY QUANTITY OF WINDOW BREAK TOOLS AND OPERATIONAL FIRE EXTIN-
GUISHERS PRESCRIBED BY THE COMMISSIONER OF TRANSPORTATION IN CONSULTA-
TION WITH THE COMMISSIONER.
(B) FOR THE PURPOSES OF THIS SUBDIVISION:
(I) "STRETCH LIMOUSINE" SHALL MEAN AN ALTERED MOTOR VEHICLE HAVING A
SEATING CAPACITY OF NINE OR MORE PASSENGERS, INCLUDING THE DRIVER,
COMMONLY REFERRED TO AS A "STRETCH LIMOUSINE" AND WHICH IS USED IN THE
BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION.
(II) "STRETCH LIMOUSINE" SHALL EXCLUDE A HISTORICAL MOTOR VEHICLE OR
ANY OTHER MOTOR VEHICLE WHICH IS OWNED AND OPERATED AS AN EXHIBITION
PIECE OR COLLECTOR'S ITEM, AND IS USED FOR PARTICIPATION IN CLUB ACTIV-
ITIES, EXHIBITS, TOURS, PARADES, OCCASIONAL TRANSPORTATION AND SIMILAR
USES, BUT NOT USED IN THE BUSINESS OF TRANSPORTING PASSENGERS FOR
COMPENSATION.
(III) "WINDOW BREAK TOOL" SHALL MEAN A TOOL THAT CAN BE USED TO OPEN
THE WINDOWS OF A STRETCH LIMOUSINE IN THE EVENT OF AN EMERGENCY, WHICH
CAN BE SAFELY STORED WHEN NOT IN USE.
§ 2. Severability. If any clause, sentence, subdivision, paragraph,
section or part of this act be adjudged by any court of competent juris-
diction to be invalid, or if any federal agency determines in writing
that this act would render New York state ineligible for the receipt of
federal funds, such judgment or written determination shall not affect,
S. 8308--B 31
impair or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, subdivision, paragraph, section or
part thereof directly involved in the controversy in which such judgment
or written determination shall have been rendered.
§ 3. This act shall take effect two years after it shall have become a
law; provided, however, that this act shall be deemed repealed if any
federal agency determines in writing that this act would render New York
state ineligible for the receipt of federal funds or any court of compe-
tent jurisdiction finally determines that this act would render New York
state out of compliance with federal law or regulation. The commissioner
of motor vehicles or the commissioner of transportation shall notify the
legislative bill drafting commission upon the occurrence of any federal
agency determining in writing that this act would render New York state
ineligible for the receipt of federal funds or any court of competent
jurisdiction finally determines that this act would render New York
state out of compliance with federal law or regulation in order that the
commission may maintain an accurate and timely effective data base of
the official text of the laws of the state of New York in furtherance of
effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.
SUBPART G
Section 1. Section 375 of the vehicle and traffic law is amended by
adding a new subdivision 57 to read as follows:
57. STRETCH LIMOUSINE AGE AND MILEAGE PARAMETERS. (A) IT SHALL BE
UNLAWFUL TO OPERATE OR CAUSE TO BE OPERATED A STRETCH LIMOUSINE REGIS-
TERED IN THIS STATE ON ANY PUBLIC HIGHWAY OR PRIVATE ROAD OPEN TO PUBLIC
MOTOR VEHICLE TRAFFIC IF THE VEHICLE IS MORE THAN TEN YEARS OLD OR THE
CUMULATIVE MILEAGE REGISTERED ON THE VEHICLE'S ODOMETER EXCEEDS THREE
HUNDRED FIFTY THOUSAND MILES, WHICHEVER OCCURS FIRST.
(B) FOR THE PURPOSES OF THIS SUBDIVISION:
(I) "STRETCH LIMOUSINE" SHALL MEAN AN ALTERED MOTOR VEHICLE HAVING A
SEATING CAPACITY OF NINE OR MORE PASSENGERS, INCLUDING THE DRIVER,
COMMONLY REFERRED TO AS A "STRETCH LIMOUSINE" AND WHICH IS USED IN THE
BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION.
(II) "STRETCH LIMOUSINE" SHALL EXCLUDE A HISTORICAL MOTOR VEHICLE OR
ANY OTHER MOTOR VEHICLE WHICH IS OWNED AND OPERATED AS AN EXHIBITION
PIECE OR COLLECTOR'S ITEM, AND IS USED FOR PARTICIPATION IN CLUB ACTIV-
ITIES, EXHIBITS, TOURS, PARADES, OCCASIONAL TRANSPORTATION AND SIMILAR
USES, BUT NOT USED IN THE BUSINESS OF TRANSPORTING PASSENGERS FOR
COMPENSATION.
(C) AFTER CONSULTATION WITH THE COMMISSIONER OF TRANSPORTATION, THE
COMMISSIONER MAY PROVIDE FOR EXCEPTIONS TO PARAGRAPH (A) OF THIS SUBDI-
VISION FOR STRETCH LIMOUSINES THAT WERE MANUFACTURED OR MODIFIED BY
COACHBUILDERS AND WARRANTIED IN ACCORDANCE WITH THE CMC OR QVM PROCESS
OR OTHER COMPARABLE CERTIFICATION STANDARDS, OR BASED UPON DEMONSTRATED
SAFETY RECORD HISTORY OF COMPLIANCE WITH ARTICLE NINETEEN-A OF THIS
CHAPTER AND ABSENCE OF OUT-OF-SERVICE "A" DEFECTS PURSUANT TO 17 NYCRR
720.11.
(D) (I) A STRETCH LIMOUSINE WITH AN ODOMETER READING THAT DIFFERS FROM
THE NUMBER OF MILES THE STRETCH LIMOUSINE HAS ACTUALLY TRAVELED OR THAT
HAS HAD A PRIOR HISTORY INVOLVING THE DISCONNECTION OR MALFUNCTIONING OF
S. 8308--B 32
AN ODOMETER OR WHICH APPEARS TO THE COMMISSIONER TO HAVE AN INACCURATE
ODOMETER READING BASED ON PRIOR INSPECTION RECORDS, WILL BE ASSIGNED AN
IMPUTED MILEAGE FOR EACH MONTH FROM THE LAST RELIABLE ODOMETER RECORDING
THROUGH THE DATE OF INSPECTION, AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH. A MOTOR CARRIER MAY SEEK REVIEW OF THE DETERMINATION TO
ASSIGN IMPUTED MILEAGE AS PROVIDED PURSUANT TO ARTICLE SIX OF THE TRANS-
PORTATION LAW AND 17 NYCRR PARTS 500 AND 720.
(II) THE IMPUTED MILEAGE SHALL BE CALCULATED BY ADDING THE MILEAGE OF
THE STRETCH LIMOUSINE RECORDED AT THE TWO MOST RECENT STRETCH LIMOUSINE
INSPECTIONS, INCLUDING ROADSIDE INSPECTIONS CONDUCTED BY THE COMMISSION-
ER OF TRANSPORTATION OR DIVISION OF STATE POLICE, WHICHEVER IS MORE
RECENT, AND DIVIDING THAT SUM BY TWENTY-FOUR. THE QUOTIENT IS THE IMPUT-
ED MONTHLY MILEAGE.
(III) UNLESS OTHERWISE PROVIDED BY THE COMMISSIONER OF TRANSPORTATION,
A STRETCH LIMOUSINE MAY NOT BE INTRODUCED TO TRANSPORT PASSENGERS FOR
COMPENSATION OR CONTINUE TRANSPORTING PASSENGERS FOR COMPENSATION IF A
RELIABLE BASELINE ODOMETER READING CANNOT BE ASCERTAINED.
(IV) A MOTOR CARRIER OR OPERATOR WHO KNOWS OR HAS REASON TO BELIEVE
THAT THE ODOMETER READING OF A LIMOUSINE DIFFERS FROM THE NUMBER OF
MILES THE STRETCH LIMOUSINE HAS ACTUALLY TRAVELED SHALL DISCLOSE THAT
STATUS TO THE COMMISSIONER OR THE DEPARTMENT OF TRANSPORTATION IMME-
DIATELY.
§ 2. This act shall take effect two years after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, subpart or part of this act shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall not
affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivi-
sion, section, subpart or part thereof directly involved in the contro-
versy in which such judgment shall have been rendered. It is hereby
declared to be the intent of the legislature that this act would have
been enacted even if such invalid provisions had not been included here-
in.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through G of this part shall
be as specifically set forth in the last section of such Subpart.
PART L
Section 1. Section 2 of part EEE of chapter 58 of the laws of 2023,
amending the waterfront commission act relating to the waterfront
commission of New York harbor, is amended to read as follows:
§ 2. This act shall take effect immediately, and shall expire June 30,
[2024] 2025 when upon such date the provisions of this act shall be
deemed repealed.
§ 2. This act shall take effect immediately.
PART M
Section 1. Section 2 of part DDD of chapter 55 of the laws of 2021
amending the public authorities law relating to the clean energy
S. 8308--B 33
resources development and incentives program, is amended to read as
follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed [three years after such date] APRIL 19, 2027; provided
however, that the amendments to section 1902 of the public authorities
law made by section one of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.
§ 2. The opening paragraph of paragraph (a) and paragraph (b) of
subdivision 1 of section 1902 of the public authorities law, as added by
section 6 of part JJJ of chapter 58 of the laws of 2020, are amended to
read as follows:
Locate, identify and assess sites within the state that appear suit-
able for the development of build-ready sites with a priority given to
previously developed sites, PROVIDED THAT VIABLE AGRICULTURAL LAND SHALL
NOT BE DEEMED SUITABLE FOR THE DEVELOPMENT OF A BUILD-READY SITE. Such
assessment may include but need not be limited to the following consid-
erations:
(b) In making such assessment the authority shall give priority to
previously developed sites, existing or abandoned commercial sites,
including without limitation brownfields, landfills, former commercial
or industrial sites, dormant electric generating sites, or otherwise
underutilized sites, PROVIDED THAT THE AUTHORITY SHALL NOT DEEM ANY
VIABLE AGRICULTURAL LAND TO BE AN OTHERWISE UNDERUTILIZED SITE FOR THE
PURPOSES OF THIS SECTION;
§ 3. This act shall take effect immediately; provided, however, that
the amendments to section 1902 of the public authorities law, made by
section two of this act, shall not affect the repeal of such section and
shall be deemed to be repealed therewith.
PART N
Intentionally Omitted
PART O
Section 1. Short title, legislative findings and declaration. This act
shall be known and may be cited as the "renewable action through project
interconnection and deployment (RAPID) act."
§ 2. Section 94-c of the executive law is REPEALED.
§ 3. Transfer of Office of Renewable Energy Siting. ORES, an office
established in the Department of State by the Accelerated Renewable
Energy Growth and Community Benefit Act, enacted under part JJJ of chap-
ter 58 of the laws of 2020, is hereby transferred to and established
within the DPS, and shall continue to have all existing functions,
powers, duties and obligations of ORES together with the new additional
functions, powers, duties and obligations set forth in this act.
§ 4. Continuity of existing functions, powers, duties and obli-
gations. All of the existing functions, powers, obligations, and duties
granted to ORES by section 94-c of the executive law now repealed, are
hereby transferred, and shall be deemed to and held to constitute the
continuation of such functions, powers, duties and obligations of ORES,
and not a different agency, authority, department or office. All appli-
cations pending before ORES on the effective date of this act shall be
considered and treated as applications filed pursuant to this act as of
the date of filing of such applications.
S. 8308--B 34
§ 5. Transfer of employees. 1. Upon the transfer of such functions,
powers, duties and obligations pursuant to this act, provision shall be
made for the transfer of all employees of ORES situated within the
department of state into DPS pursuant to subdivision 2 of section 70 of
the civil service law. Employees so transferred shall be transferred
without further examination or qualification to the same or similar
titles, shall remain in the same collective bargaining units and shall
retain their respective civil service classifications, status and rights
pursuant to their collective bargaining units and collective bargaining
agreements.
2. All employees hired after the effective date of this section
shall, consistent with the provisions of article 14 of the civil service
law, be classified in the same bargaining units. Employees other than
management or confidential persons as defined in article 14 of the civil
service law serving positions in newly created titles shall be assigned
to the appropriate bargaining unit. Nothing contained herein shall be
construed to affect:
(a) the rights of employees pursuant to a collective bargaining agree-
ment; or
(b) the representational relationships among employee organizations or
the bargaining relationships between the state and an employee organiza-
tion.
§ 6. Transfer of records. All records, including but not limited to,
books, papers, and property of ORES shall be transferred and delivered
to DPS.
§ 7. Transfer and continuation of regulations; conforming changes.
Notwithstanding any inconsistent provision of the state administrative
procedure act: all rules and regulations of ORES adopted at 19 NYCRR
part 900 in force at the time of the transfer of ORES to DPS shall
continue in full force and effect as rules and regulations of the
department until duly modified or abrogated by such department; 19 NYCRR
part 900 shall be and hereby is transferred to 16 NYCRR part XXX, with
such conforming changes as shall be required to reflect the transfer and
relocation of ORES to DPS as provided in this act, without the need for
additional proceedings under the state administrative procedure act, and
shall continue in full force and effect; and notwithstanding article 8
of the environmental conservation law and its implementing regulations,
the transfer of 19 NYCRR part 900 to 16 NYCRR part XXX as provided in
this section shall be excluded from review for all purposes under the
state environmental quality review act, and shall not be subject to
review or otherwise actionable under article 78 of the civil practice
law and rules.
§ 8. Intentionally omitted.
§ 9. Subdivisions 3, 4 and 13 of section 2 of the public service law,
subdivisions 3 and 4 as amended by chapter 843 of the laws of 1981 and
subdivision 13 as amended by chapter 375 of the laws of 2022, are
amended and a new subdivision 2-e is added to read as follows:
2-E. THE TERM "MAJOR RENEWABLE ENERGY FACILITY," WHEN USED IN THIS
CHAPTER, MEANS ANY RENEWABLE ENERGY SYSTEM, AS SUCH TERM IS DEFINED IN
SECTION SIXTY-SIX-P OF THIS CHAPTER, WITH A NAMEPLATE GENERATING CAPACI-
TY OF TWENTY-FIVE THOUSAND KILOWATTS OR MORE, AND ANY CO-LOCATED SYSTEM
STORING ENERGY GENERATED FROM SUCH A RENEWABLE ENERGY SYSTEM PRIOR TO
DELIVERING IT TO THE BULK TRANSMISSION SYSTEM, INCLUDING ALL ASSOCIATED
APPURTENANCES TO ELECTRIC PLANTS, INCLUDING ELECTRIC TRANSMISSION FACIL-
ITIES LESS THAN TEN MILES IN LENGTH IN ORDER TO PROVIDE ACCESS TO LOAD
S. 8308--B 35
AND TO INTEGRATE SUCH FACILITIES INTO THE STATE'S BULK ELECTRIC TRANS-
MISSION SYSTEM.
3. The term "corporation," when used in this chapter, includes a
corporation, company, association and joint-stock association other than
a corporation, company, association or joint stock association generat-
ing electricity, shaft horsepower, useful thermal energy or gas solely
from one or more co-generation, small hydro or alternate energy
production facilities or distributing electricity, shaft horsepower,
useful thermal energy or gas solely from one or more of such facilities
to users located at or near a project site; PROVIDED, HOWEVER, THAT
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE TERM
"CORPORATION" INCLUDES THE HOLDER OF A CERTIFICATE OR PERMIT ISSUED
UNDER ARTICLE EIGHT OF THIS CHAPTER, OR A PREDECESSOR STATUTE THERETO,
FOR A MAJOR RENEWABLE ENERGY FACILITY WITH AN ELECTRIC GENERATING CAPAC-
ITY BETWEEN TWENTY-FIVE AND EIGHTY MEGAWATTS OR THAT OTHERWISE OPTS INTO
ARTICLE EIGHT OF THIS CHAPTER FOR PURPOSES OF ENFORCEMENT UNDER SECTIONS
TWENTY-FIVE AND TWENTY-SIX OF THIS ARTICLE.
4. The word "person," when used in this chapter, includes an individ-
ual, firm or co-partnership other than an individual, firm or co-part-
nership generating electricity, shaft horsepower, useful thermal energy
or gas solely from one or more co-generation, small hydro or alternate
energy production facilities or distributing electricity, shaft horse-
power, useful thermal energy or gas solely from one or more of such
facilities to users located at or near a project site; provided, howev-
er, that an individual, firm or co-partnership generating or distribut-
ing electricity or gas solely from one or more co-generation, small
hydro or alternate energy production facilities shall nevertheless be
considered a person for purposes of commission jurisdiction under arti-
cle seven of this chapter; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, THE TERM "PERSON" INCLUDES THE
HOLDER OF A CERTIFICATE OR PERMIT ISSUED UNDER ARTICLE EIGHT OF THIS
CHAPTER, OR A PREDECESSOR STATUTE THERETO, FOR A MAJOR RENEWABLE ENERGY
FACILITY WITH AN ELECTRIC GENERATING CAPACITY BETWEEN TWENTY-FIVE AND
EIGHTY MEGAWATTS OR THAT OTHERWISE OPTS INTO ARTICLE EIGHT OF THIS CHAP-
TER FOR PURPOSES OF ENFORCEMENT UNDER SECTIONS TWENTY-FIVE AND TWENTY-
SIX OF THIS ARTICLE.
13. The term "electric corporation," when used in this chapter,
includes every corporation, company, association, joint-stock associ-
ation, partnership and person, their lessees, trustees or receivers
appointed by any court whatsoever (other than a railroad or street rail-
road corporation generating electricity solely for railroad or street
railroad purposes or for the use of its tenants and not for sale to
others) owning, operating or managing any electric plant or thermal
energy network except where electricity or thermal energy is generated
or distributed by the producer solely on or through private property for
railroad or street railroad purposes or for its own use or the use of
its tenants and not for sale to others; or except where electricity is
generated by the producer solely from one or more co-generation, small
hydro or alternate energy production facilities or distributed solely
from one or more of such facilities to users located at or near a
project site; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, THE TERM "ELECTRIC CORPORATION"
INCLUDES THE HOLDER OF A CERTIFICATE OR PERMIT ISSUED UNDER ARTICLE
EIGHT OF THIS CHAPTER, OR A PREDECESSOR STATUTE THERETO, FOR A MAJOR
RENEWABLE ENERGY FACILITY WITH AN ELECTRIC GENERATING CAPACITY BETWEEN
TWENTY-FIVE AND EIGHTY MEGAWATTS OR THAT OTHERWISE OPTS INTO ARTICLE
S. 8308--B 36
EIGHT OF THIS CHAPTER FOR PURPOSES OF ENFORCEMENT UNDER SECTIONS TWEN-
TY-FIVE AND TWENTY-SIX OF THIS ARTICLE.
§ 10. The public service law is amended by adding a new section 3-c to
read as follows:
§ 3-C. OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION.
1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "EXECUTIVE DIRECTOR" OR "DIRECTOR" SHALL MEAN THE EXECUTIVE DIREC-
TOR OF THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION.
(B) "ORES" AND "OFFICE" SHALL MEAN THE OFFICE OF RENEWABLE ENERGY
SITING AND ELECTRIC TRANSMISSION ESTABLISHED PURSUANT TO THIS SECTION.
(C) "SITING PERMIT" SHALL MEAN THE MAJOR RENEWABLE ENERGY FACILITY
SITING PERMIT OR MAJOR ELECTRIC TRANSMISSION FACILITY PERMIT ISSUED BY
THE EXECUTIVE DIRECTOR PURSUANT TO ARTICLE EIGHT OF THIS CHAPTER, AND
THE RULES AND REGULATIONS PROMULGATED BY ORES.
2. GENERAL POWERS AND RESPONSIBILITIES. (A) THERE IS HEREBY ESTAB-
LISHED IN THE DEPARTMENT AN OFFICE OF RENEWABLE ENERGY SITING AND ELEC-
TRIC TRANSMISSION.
(B) ORES SHALL ACCEPT APPLICATIONS AND EVALUATE, ISSUE, AMEND, AND
APPROVE THE ASSIGNMENT AND/OR TRANSFER OF SITING PERMITS PURSUANT TO
ARTICLE EIGHT OF THIS CHAPTER. ORES SHALL EXERCISE ITS AUTHORITY BY AND
THROUGH THE EXECUTIVE DIRECTOR.
(C) ORES, BY AND THROUGH THE EXECUTIVE DIRECTOR, SHALL BE AUTHORIZED
TO CONDUCT HEARINGS AND DISPUTE RESOLUTION PROCEEDINGS, ISSUE PERMITS,
AND ADOPT SUCH RULES, REGULATIONS AND PROCEDURES AS MAY BE NECESSARY,
CONVENIENT, OR DESIRABLE TO EFFECTUATE THE PURPOSES OF THIS SECTION AND
ARTICLE EIGHT OF THIS CHAPTER; PROVIDED THAT THE COMMISSION MAY EXAMINE
AND REVIEW ANY ACTION OF THE OFFICE AND THE EXECUTIVE DIRECTOR AND MAY
REPEAL, OR PROMULGATE ANY MODIFICATIONS AND CHANGES TO, ANY RULE, REGU-
LATION OR PROCEDURE ADOPTED BY THE OFFICE.
(D) ORES SHALL, AMONG OTHER THINGS, CONTINUE UNIMPEDED THE WORK OF THE
OFFICE OF RENEWABLE ENERGY SITING ESTABLISHED UNDER THE FORMER SECTION
NINETY-FOUR-C OF THE EXECUTIVE LAW. ALL PERMITS ISSUED BY THE FORMER
OFFICE OF RENEWABLE ENERGY SITING, ESTABLISHED PURSUANT TO FORMER
SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW, AND ALL CERTIFICATES OF
ENVIRONMENTAL COMPATIBILITY AND PUBLIC NEED ISSUED BY THE COMMISSION
PURSUANT TO ARTICLE SEVEN OF THIS CHAPTER SHALL BE CONSIDERED FOR ALL
LEGAL PURPOSES TO BE PERMITS ISSUED BY ORES.
(E) ALL FINAL SITING PERMITS ISSUED BY ORES OR HERETOFORE ISSUED BY
THE OFFICE OF RENEWABLE ENERGY SITING ESTABLISHED PURSUANT TO THE FORMER
SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW ARE HEREBY ENFORCEABLE BY
ORES AND THE DEPARTMENT PURSUANT TO SECTION TWENTY-FIVE AND SECTION
TWENTY-SIX OF THIS ARTICLE AS IF ISSUED BY THE COMMISSION, EXCEPT THAT
SUCH PERMITS ISSUED TO COMBINATION GAS AND ELECTRIC CORPORATIONS ARE
ALSO ENFORCEABLE BY ORES AND THE DEPARTMENT PURSUANT TO SECTION TWENTY-
FIVE-A OF THIS ARTICLE.
(F) AT THE REQUEST OF ORES, ALL OTHER STATE AGENCIES AND AUTHORITIES
ARE HEREBY AUTHORIZED TO PROVIDE SUPPORT AND RENDER SERVICES TO THE
OFFICE WITHIN THEIR RESPECTIVE FUNCTIONS.
§ 11. Articles 8 of the public service law, as added by chapter 708 of
the laws of 1978 and as added by chapter 385 of the laws of 1972, are
REPEALED and a new article 8 is added to read as follows:
ARTICLE VIII
SITING OF RENEWABLE ENERGY AND ELECTRIC TRANSMISSION SITING
S. 8308--B 37
SECTION 136. PURPOSE.
137. DEFINITIONS.
138. GENERAL PROVISIONS RELATED TO ESTABLISHING STANDARDS
RELATED TO SITING.
139. APPLICABILITY.
140. APPLICATION AND NOTICE.
141. POWERS OF MUNICIPALITIES AND STATE AGENCIES AND AUTHORI-
TIES; SCOPE.
142. FEES; LOCAL AGENCY ACCOUNT.
143. JUDICIAL REVIEW.
144. FARMLAND PROTECTION WORKING GROUP.
145. REPORTS OF THE OFFICE.
§ 136. PURPOSE. IT IS THE PURPOSE OF THIS ARTICLE TO CONSOLIDATE THE
ENVIRONMENTAL REVIEW, PERMITTING, AND SITING IN THIS STATE OF MAJOR
RENEWABLE ENERGY FACILITIES AND MAJOR ELECTRIC TRANSMISSION FACILITIES
SUBJECT TO THIS ARTICLE, AND TO PROVIDE ORES AS A SINGLE FORUM FOR THE
COORDINATED AND TIMELY REVIEW OF SUCH PROJECTS TO MEET THE STATE'S
RENEWABLE ENERGY GOALS AND ENSURE THE RELIABILITY OF THE ELECTRIC TRANS-
MISSION SYSTEM, WHILE ALSO ENSURING THE PROTECTION OF THE ENVIRONMENT
AND CONSIDERATION OF ALL PERTINENT SOCIAL, ECONOMIC AND ENVIRONMENTAL
FACTORS IN THE DECISION TO PERMIT SUCH PROJECTS AS MORE SPECIFICALLY
PROVIDED IN THIS ARTICLE.
§ 137. DEFINITIONS. WHERE USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "CLCPA TARGETS" SHALL MEAN THE PUBLIC POLICIES ESTABLISHED IN THE
CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT ENACTED IN CHAPTER ONE
HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, INCLUDING BUT NOT
LIMITED TO THE REQUIREMENT THAT A MINIMUM OF SEVENTY PERCENT OF THE
STATEWIDE ELECTRIC GENERATION BE PRODUCED BY RENEWABLE ENERGY SYSTEMS BY
TWO THOUSAND THIRTY, THAT BY THE YEAR TWO THOUSAND FORTY THE STATEWIDE
ELECTRICAL DEMAND SYSTEM WILL GENERATE ZERO EMISSIONS, AND THE PROCURE-
MENT OF AT LEAST NINE GIGAWATTS OF OFFSHORE WIND ELECTRICITY GENERATION
BY TWO THOUSAND THIRTY-FIVE, SIX GIGAWATTS OF PHOTOVOLTAIC SOLAR GENER-
ATION BY TWO THOUSAND TWENTY-FIVE AND TO SUPPORT THREE GIGAWATTS OF
STATEWIDE ENERGY STORAGE CAPACITY BY TWO THOUSAND THIRTY.
2. "DORMANT ELECTRIC GENERATING SITE" SHALL MEAN A SITE AT WHICH ONE
OR MORE ELECTRIC GENERATING FACILITIES PRODUCED ELECTRICITY BUT HAS
PERMANENTLY CEASED OPERATING.
3. "MAJOR ELECTRIC TRANSMISSION FACILITY" MEANS AN ELECTRIC TRANS-
MISSION LINE OF A DESIGN CAPACITY OF ONE HUNDRED TWENTY-FIVE KILOVOLTS
OR MORE EXTENDING A DISTANCE OF ONE MILE OR MORE, OR OF ONE HUNDRED
KILOVOLTS OR MORE AND LESS THAN ONE HUNDRED TWENTY-FIVE KILOVOLTS,
EXTENDING A DISTANCE OF TEN MILES OR MORE, INCLUDING ASSOCIATED EQUIP-
MENT, BUT SHALL NOT INCLUDE ANY SUCH TRANSMISSION LINE LOCATED WHOLLY
UNDERGROUND IN A CITY WITH A POPULATION IN EXCESS OF ONE HUNDRED TWEN-
TY-FIVE THOUSAND OR A PRIMARY TRANSMISSION LINE APPROVED BY THE FEDERAL
ENERGY REGULATORY COMMISSION IN CONNECTION WITH A HYDRO-ELECTRIC FACILI-
TY.
4. "MAJOR RENEWABLE ENERGY FACILITY" MEANS ANY RENEWABLE ENERGY
SYSTEM, AS SUCH TERM IS DEFINED IN SECTION SIXTY-SIX-P OF THIS CHAP-
TER, WITH A NAMEPLATE GENERATING CAPACITY OF TWENTY-FIVE THOUSAND KILO-
WATTS OR MORE, AND ANY CO-LOCATED SYSTEM STORING ENERGY GENERATED FROM
SUCH A RENEWABLE ENERGY SYSTEM PRIOR TO DELIVERING IT TO THE BULK
TRANSMISSION SYSTEM, INCLUDING ALL ASSOCIATED APPURTENANCES TO ELECTRIC
PLANTS, INCLUDING ELECTRIC TRANSMISSION FACILITIES LESS THAN TEN MILES
IN LENGTH IN ORDER TO PROVIDE ACCESS TO LOAD AND TO INTEGRATE SUCH
S. 8308--B 38
FACILITIES INTO THE STATE'S BULK ELECTRIC TRANSMISSION SYSTEM. "MAJOR
RENEWABLE ENERGY FACILITY" SHALL INCLUDE ANY QUALIFIED ENERGY STORAGE
SYSTEM, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SEVENTY-
FOUR OF THIS CHAPTER, WITH A NAMEPLATE CAPACITY OF MORE THAN FIVE THOU-
SAND KILOWATTS AND NOT CO-LOCATED WITH A MAJOR RENEWABLE ENERGY FACILITY
INCLUSIVE OF RELATED ELECTRIC TRANSMISSION FACILITIES LESS THAN TEN
MILES IN LENGTH THAT PROVIDE ACCESS TO LOAD OR INTEGRATE SUCH SYSTEMS
INTO THE STATE'S BULK ELECTRIC TRANSMISSION SYSTEM.
5. "LANDOWNER" MEANS THE HOLDER OF ANY RIGHT, TITLE, OR INTEREST IN
REAL PROPERTY SUBJECT TO A PROPOSED SITE OR RIGHT OF WAY AS IDENTIFIED
FROM THE MOST RECENT TAX ROLL OF THE APPROPRIATE MUNICIPALITY.
6. "LOCAL AGENCY" MEANS ANY LOCAL AGENCY, BOARD, DISTRICT, COMMISSION
OR GOVERNING BODY, INCLUDING ANY CITY, COUNTY, AND OTHER POLITICAL
SUBDIVISION OF THE STATE.
7. "LOCAL AGENCY ACCOUNT" OR "ACCOUNT" SHALL MEAN THE ACCOUNT ESTAB-
LISHED PURSUANT TO SECTION ONE HUNDRED FORTY-TWO OF THIS SECTION.
8. "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN, OR VILLAGE.
9. "RIGHT-OF-WAY" SHALL MEAN:
(A) REAL PROPERTY THAT IS USED OR AUTHORIZED TO BE USED FOR ELECTRIC
UTILITY PURPOSES; OR
(B) REAL PROPERTY OWNED OR CONTROLLED BY OR UNDER THE JURISDICTION OF
THE STATE, A DISTRIBUTION UTILITY, OR A STATE PUBLIC AUTHORITY INCLUDING
BY MEANS OF OWNERSHIP, LEASE OR EASEMENT, THAT IS USED OR AUTHORIZED TO
BE USED FOR TRANSPORTATION OR CANAL PURPOSES.
10. "ORES" SHALL MEAN THE OFFICE OF RENEWABLE ENERGY SITING AND ELEC-
TRIC TRANSMISSION ESTABLISHED PURSUANT TO SECTION THREE-C OF THIS CHAP-
TER.
11. "EXECUTIVE DIRECTOR" OR "DIRECTOR" SHALL MEAN THE EXECUTIVE DIREC-
TOR OF THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION.
12. "SITING PERMIT" SHALL MEAN THE MAJOR RENEWABLE ENERGY FACILITY
SITING PERMIT OR MAJOR ELECTRIC TRANSMISSION FACILITY PERMIT ISSUED BY
THE EXECUTIVE DIRECTOR PURSUANT TO THIS ARTICLE, AND THE RULES AND REGU-
LATIONS PROMULGATED BY ORES.
§ 138. GENERAL PROVISIONS RELATED TO ESTABLISHING STANDARDS RELATED TO
SITING. 1. (A) ORES SHALL BE AUTHORIZED TO ESTABLISH AND AMEND A SET OF
UNIFORM STANDARDS AND CONDITIONS FOR THE SITING, DESIGN, CONSTRUCTION
AND OPERATION OF EACH TYPE OF MAJOR RENEWABLE ENERGY FACILITY SUBJECT TO
THIS ARTICLE RELEVANT TO ISSUES THAT ARE COMMON FOR PARTICULAR CLASSES
AND CATEGORIES OF MAJOR RENEWABLE ENERGY FACILITIES, IN CONSULTATION
WITH OTHER OFFICES WITHIN THE DEPARTMENT, THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY, THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, THE DEPARTMENT OF AGRICULTURE AND MARKETS, AND OTHER RELE-
VANT STATE AGENCIES AND AUTHORITIES WITH SUBJECT MATTER EXPERTISE.
PRIOR TO ADOPTION OF ANY NEW UNIFORM STANDARDS AND CONDITIONS, THE
OFFICE SHALL HOLD FOUR PUBLIC HEARINGS IN DIFFERENT REGIONS OF THE STATE
TO SOLICIT COMMENT FROM MUNICIPAL, OR POLITICAL SUBDIVISIONS, AND THE
PUBLIC ON PROPOSED UNIFORM STANDARDS AND CONDITIONS TO AVOID, MINIMIZE
OR MITIGATE POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS FROM THE SITING,
DESIGN, CONSTRUCTION AND OPERATION OF A MAJOR RENEWABLE ENERGY FACILITY.
(B) THE UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT TO THIS
SUBDIVISION SHALL BE DESIGNED TO AVOID OR MINIMIZE, TO THE MAXIMUM
EXTENT PRACTICABLE, ANY POTENTIAL SIGNIFICANT ADVERSE ENVIRONMENTAL
IMPACTS AND, TO THE MAXIMUM EXTENT PRACTICABLE, AVOID, MINIMIZE, AND
MITIGATE AGRICULTURAL IMPACTS TO ACTIVE AGRICULTURAL LANDS, RELATED TO
THE SITING, DESIGN, CONSTRUCTION AND OPERATION OF A MAJOR RENEWABLE
ENERGY FACILITY. SUCH UNIFORM STANDARDS AND CONDITIONS SHALL APPLY TO
S. 8308--B 39
THOSE ENVIRONMENTAL IMPACTS ORES DETERMINES ARE COMMON TO EACH TYPE OF
MAJOR RENEWABLE ENERGY FACILITY.
(C) IN ITS REVIEW OF AN APPLICATION FOR A PERMIT TO DEVELOP A MAJOR-
RENEWABLE ENERGY FACILITY, ORES, IN CONSULTATION WITH THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, SHALL IDENTIFY THOSE SITE-SPECIFIC ADVERSE
ENVIRONMENTAL IMPACTS, IF ANY, THAT MAY BE CAUSED OR CONTRIBUTED TO BY A
SPECIFIC PROPOSED MAJOR RENEWABLE ENERGY FACILITY AND ARE UNABLE TO BE
ADDRESSED BY THE UNIFORM STANDARDS AND CONDITIONS. ORES SHALL DRAFT IN
CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SITE-SPE-
CIFIC PERMIT TERMS AND CONDITIONS FOR SUCH IMPACTS, INCLUDING PROVISIONS
FOR THE AVOIDANCE OR MITIGATION THEREOF, TAKING INTO ACCOUNT THE CLCPA
TARGETS AND THE ENVIRONMENTAL BENEFITS OF THE PROPOSED MAJOR RENEWABLE
ENERGY FACILITY; PROVIDED, HOWEVER, THAT ORES SHALL REQUIRE THAT THE
APPLICATION OF UNIFORM STANDARDS AND CONDITIONS AND SITE-SPECIFIC CONDI-
TIONS SHALL ACHIEVE A NET CONSERVATION BENEFIT TO ANY IMPACTED ENDAN-
GERED AND THREATENED SPECIES.
2. (A) WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS SECTION,
ORES SHALL, IN CONSULTATION WITH OTHER OFFICES WITHIN THE DEPARTMENT,
THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF AGRICULTURE
AND MARKETS, AND OTHER AGENCIES WITH SUBJECT MATTER EXPERTISE, ESTABLISH
A SET OF UNIFORM STANDARDS AND CONDITIONS FOR THE SITING, DESIGN,
CONSTRUCTION, AND OPERATION OF MAJOR ELECTRIC TRANSMISSION FACILITIES
SUBJECT TO THIS ARTICLE RELEVANT TO ISSUES THAT ARE COMMON TO SUCH
PROJECTS. PRIOR TO ADOPTION OF UNIFORM STANDARDS AND CONDITIONS FOR
MAJOR ELECTRIC TRANSMISSION FACILITIES, THE OFFICE SHALL HOLD FOUR
PUBLIC HEARINGS IN DIFFERENT REGIONS OF THE STATE TO SOLICIT COMMENT
FROM MUNICIPAL, OR POLITICAL SUBDIVISIONS, AND THE PUBLIC ON PROPOSED
UNIFORM STANDARDS AND CONDITIONS TO AVOID, MINIMIZE OR MITIGATE POTEN-
TIAL ADVERSE ENVIRONMENTAL IMPACTS FROM THE SITING, DESIGN, CONSTRUCTION
AND OPERATION OF A MAJOR RENEWABLE ENERGY FACILITY.
(B) THE UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT TO THIS
ARTICLE SHALL BE DESIGNED TO AVOID OR MINIMIZE, TO THE MAXIMUM EXTENT
PRACTICABLE, ANY POTENTIAL SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS
AND, TO THE MAXIMUM EXTENT PRACTICABLE, AVOID, MINIMIZE, AND MITIGATE
AGRICULTURAL IMPACTS TO ACTIVE AGRICULTURAL LANDS, RELATED TO THE
SITING, DESIGN, CONSTRUCTION, AND OPERATION OF A MAJOR ELECTRIC TRANS-
MISSION FACILITY. SUCH UNIFORM STANDARDS AND CONDITIONS SHALL APPLY TO
THOSE ENVIRONMENTAL IMPACTS ORES DETERMINES ARE COMMON TO ELECTRIC TRAN-
SMISSION FACILITIES.
(C) IN ITS REVIEW OF AN APPLICATION FOR A PERMIT TO DEVELOP A MAJOR
ELECTRIC TRANSMISSION FACILITY, ORES, IN CONSULTATION WITH THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION, SHALL IDENTIFY THOSE ADVERSE SITE-
SPECIFIC ENVIRONMENTAL IMPACTS, IF ANY, THAT MAY BE CAUSED OR CONTRIB-
UTED TO BY A SPECIFIC PROPOSED MAJOR ELECTRIC TRANSMISSION FACILITY AND
ARE UNABLE TO BE ADDRESSED BY THE UNIFORM STANDARDS AND CONDITIONS. ORES
SHALL DRAFT IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSER-
VATION SITE-SPECIFIC PERMIT TERMS AND CONDITIONS FOR SUCH IMPACTS,
INCLUDING PROVISIONS FOR THE AVOIDANCE OR MITIGATION THEREOF, TAKING
INTO ACCOUNT THE CLCPA TARGETS, THE ENVIRONMENTAL BENEFITS OF, AND
PUBLIC NEED FOR THE PROPOSED MAJOR ELECTRIC TRANSMISSION FACILITY;
PROVIDED, HOWEVER, THAT ORES SHALL REQUIRE THAT THE APPLICATION OF
UNIFORM STANDARDS AND CONDITIONS AND SITE-SPECIFIC CONDITIONS SHALL
ACHIEVE A NET CONSERVATION BENEFIT TO ANY IMPACTED ENDANGERED AND
THREATENED SPECIES.
S. 8308--B 40
(D) UPON THE ESTABLISHMENT OF UNIFORM STANDARDS AND CONDITIONS
REQUIRED BY THIS SECTION AND THE PROMULGATION OF REGULATIONS SPECIFYING
THE CONTENT OF AN APPLICATION FOR A SITING PERMIT FOR A MAJOR ELECTRIC
TRANSMISSION FACILITY, AN APPLICATION FOR SUCH SITING PERMIT FOR A MAJOR
ELECTRIC TRANSMISSION FACILITY SHALL ONLY BE MADE PURSUANT TO THIS ARTI-
CLE.
3. TO THE EXTENT THAT ADVERSE ENVIRONMENTAL IMPACTS ARE NOT COMPLETELY
ADDRESSED BY UNIFORM STANDARDS AND CONDITIONS AND SITE-SPECIFIC PERMIT
CONDITIONS PROPOSED BY ORES, AND ORES DETERMINES THAT MITIGATION OF SUCH
IMPACTS MAY BE ACHIEVED BY OFF-SITE MITIGATION, ORES MAY REQUIRE PAYMENT
OF A FEE BY THE APPLICANT TO ACHIEVE SUCH OFF-SITE MITIGATION. IF ORES
DETERMINES, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSER-
VATION, THAT MITIGATION OF IMPACTS TO ENDANGERED OR THREATENED SPECIES
THAT ACHIEVES A NET CONSERVATION BENEFIT CAN BE ACHIEVED BY OFF-SITE
MITIGATION, THE AMOUNT TO BE PAID FOR SUCH OFF-SITE MITIGATION SHALL BE
SET FORTH IN THE FINAL SITING PERMIT. ORES MAY REQUIRE PAYMENT OF FUNDS
SUFFICIENT TO IMPLEMENT SUCH OFF-SITE MITIGATION INTO THE ENDANGERED AND
THREATENED SPECIES MITIGATION FUND ESTABLISHED PURSUANT TO SECTION NINE-
TY-NINE-HH OF THE STATE FINANCE LAW.
4. ORES SHALL IDENTIFY THE BASIS OF THE PUBLIC NEED FOR A MAJOR ELEC-
TRIC TRANSMISSION FACILITY AND SHALL GRANT PERMITS TO SUCH PROJECTS THAT
DEMONSTRATE A QUALIFIED PUBLIC NEED, SO LONG AS THE ADVERSE ENVIRON-
MENTAL IMPACTS OF THE FACILITY ARE IDENTIFIED AND ADDRESSED BY THE
UNIFORM STANDARDS AND CONDITIONS PROMULGATED PURSUANT TO THIS ARTICLE
AND ANY SITE-SPECIFIC PERMIT CONDITIONS APPLIED TO THE FACILITY, OR
OTHERWISE MITIGATED AS PROVIDED IN THIS ARTICLE.
4-A. IN ITS REVIEW OF AN APPLICATION FOR A PERMIT TO DEVELOP A MAJOR
RENEWABLE ENERGY FACILITY OR MAJOR ELECTRIC TRANSMISSION FACILITY, THE
OFFICE, IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE AND MARKETS,
SHALL ENSURE THAT A CRITICAL MASS OF FARMLAND WITHIN THE DESIGNATED
REGION IS NOT THREATENED AND ENSURE THAT SOLAR DEVELOPMENT SHALL NOT
GREATLY HINDER THE AMOUNT OF FARMLAND WITHIN NEW YORK STATE OR BE A
POTENTIAL THREAT TO NEW YORK'S FOOD SECURITY. TWO YEARS AFTER THE EFFEC-
TIVE DATE OF THIS SUBDIVISION, THE OFFICE, IN CONJUNCTION WITH THE
PUBLIC SERVICE COMMISSION AND THE DEPARTMENT OF AGRICULTURE AND MARKETS,
SHALL REEVALUATE THE EFFICACY OF THIS SUBDIVISION AND PROPOSE RECOMMEN-
DATIONS TO THE LEGISLATURE, INCLUDING BUT NOT LIMITED TO, THE CONSIDER-
ATION OF NEW PERTINENT TECHNOLOGY OR INFORMATION.
5. ORES, IN CONSULTATION WITH THE DEPARTMENT, SHALL PROMULGATE RULES
AND REGULATIONS WITH RESPECT TO ALL NECESSARY REQUIREMENTS TO IMPLEMENT
THE SITING PERMIT PROGRAM ESTABLISHED IN THIS ARTICLE AND PROMULGATE
MODIFICATIONS TO SUCH RULES AND REGULATIONS AS IT DEEMS NECESSARY;
PROVIDED THAT ORES SHALL PROMULGATE REGULATIONS REQUIRING THE SERVICE OF
APPLICATIONS ON AFFECTED MUNICIPALITIES AND POLITICAL SUBDIVISIONS
SIMULTANEOUSLY WITH SUBMISSION OF AN APPLICATION; AND PROVIDED FURTHER
THAT THE COMMISSION MAY EXAMINE AND REVIEW ANY SUCH RULES AND REGU-
LATIONS AND REPEAL, OR PROMULGATE ANY MODIFICATIONS AND CHANGES TO, ANY
SUCH RULE AND REGULATION ADOPTED BY THE OFFICE.
6. THE OFFICE SHALL ESTABLISH AND/OR AMEND THE RULES AND REGULATIONS
PERTAINING TO ANY POTENTIAL SITING ON FARMLAND TO INCLUDE THE FOLLOWING:
(A) THE DEFINITION OF PRIME FARMLAND AS DEFINED IN PART 622.04 OF THE
USDA HANDBOOK AND THE DEFINITIONS OF UNIQUE FARMLAND, SPECIFIC CHARAC-
TERISTICS OF UNIQUE FARMLAND, ADDITIONAL FARMLAND OF STATEWIDE IMPOR-
TANCE, AND ADDITIONAL FARMLAND OF LOCAL IMPORTANCE AS SUCH TERMS ARE
DEFINED IN 7 CFR § 657.5;
(B)(I) PREAPPLICATION PROCEDURES WHICH REQUIRE APPLICANTS TO:
S. 8308--B 41
(1) SUBMIT A REPORT DELINEATING THE IMPACTS TO PRIME AGRICULTURAL LAND
AND PRIME SOILS, UNIQUE FARMLAND AND FARMLAND OF STATEWIDE AND LOCAL
IMPORTANCE, INCLUDING MINERAL SOILS GROUP (MSG) 1-4 AS DEFINED BY THE
DEPARTMENT OF AGRICULTURE AND MARKETS;
(2) SUBMIT A CUMULATIVE IMPACT STUDY AS TO HOW THE USE OF FARMLAND FOR
SOLAR SITING WILL IMPACT THE REGIONAL FOOD ECONOMY AND REGIONAL OVERALL
FARMLAND PROTECTION PLAN; AND
(3) ENSURE THAT A CRITICAL MASS OF FARMLAND WITHIN THE DESIGNATED
REGION IS NOT THREATENED. TWO YEARS AFTER THE EFFECTIVE DATE OF THIS
SUBDIVISION, THE OFFICE, IN CONJUNCTION WITH THE PUBLIC SERVICE COMMIS-
SION AND THE DEPARTMENT OF AGRICULTURE AND MARKETS, SHALL REEVALUATE THE
EFFICACY OF THIS CLAUSE AND PROPOSE RECOMMENDATIONS TO THE LEGISLATURE,
INCLUDING BUT NOT LIMITED TO, THE CONSIDERATION OF NEW PERTINENT TECH-
NOLOGY AND/OR INFORMATION; AND
(II) PREFERENCE TO BE GIVEN TO SITES FOR SOLAR DEVELOPMENT THAT ARE ON
BROWNFIELDS, LANDFILLS, PARKING LOTS, ROOFTOPS, GRAVEL PITS AND OTHER
AREAS WHERE DISTURBANCE TO LOCAL ECOSYSTEMS IS MINIMIZED. SUCH SITES
SHALL BE GRANTED EXPEDITED APPROVAL;
(C) APPLICATION PROCEDURES FOR MAJOR RENEWABLE ENERGY FACILITY AND
MAJOR ELECTRIC TRANSMISSION FACILITY SITING PERMITS. EACH APPLICATION
FOR SUCH PERMIT SHALL REQUIRE:
(I) THE SUBMISSION OF A CUMULATIVE IMPACT STATEMENT WITHIN THE STUDY
AREA WHICH INCLUDES THE FOLLOWING CRITERIA:
(1) CATEGORIES BASED ON SOLAR ARRAY SIZE, SPECIFYING THE ARRAY CAPACI-
TY AND HOW MUCH POWER OR ELECTRICITY IS EXPECTED TO BE GENERATED,
ON-SITE OR ASSOCIATED ELECTRIC LOAD, AND THE LAND USE FOOTPRINT, INCLUD-
ING THE ACREAGE OF LAND UNDERLYING THE ARRAY;
(2) CUSTOMER TYPE BY IDENTIFYING THE END-USE ENTITY CONSUMING THE
ELECTRICITY OR RECEIVING THE ELECTRIC CREDITS GENERATED BY THE PROJECT
AND HOW SUCH END-USER IS CLASSIFIED IN A UTILITIES' ESTABLISHED ELECTRIC
RATE STRUCTURES FOR DIFFERENT CUSTOMER CLASSES, INCLUDING RESIDENTIAL,
COMMERCIAL, INDUSTRIAL, AGRICULTURAL OR LOW-INCOME;
(3) CATEGORIES BASED ON SOLAR ARRAY LOCATION, SPECIFYING WHETHER SOLAR
ARRAYS ARE ROOF-MOUNTED, DESIGNATING PREFERRED SITES FOR SOLAR DEVELOP-
MENT AND INELIGIBLE SITES;
(4) CATEGORIES BASED ON SOLAR ARRAY DESIGN, INCLUDING SPECIFYING
WHETHER SUCH SOLAR ARRAY UTILIZES DUAL USE OR AGRIVOLTAICS; AND
(II) FOR MAJOR RENEWABLE ENERGY FACILITIES SITED ON PRIME SOILS OR
FARMLANDS, THE APPLICANT TO SUBMIT DECOMMISSIONING PLANS FOR ARRAYS ON
AGRICULTURAL LAND AND DECOMMISSIONING BONDS FOR COMMERCIAL-SCALE
PROJECTS. SUCH APPLICATIONS SHALL REQUIRE THE APPLICANT TO:
(1) INCLUDE A DECOMMISSIONING PLAN IN THE APPLICATION;
(2) SHOW SUBSTANTIAL EVIDENCE THAT ALL STRUCTURES AND MATERIALS WILL
BE REMOVED UPON DECOMMISSIONING OF SUCH FACILITY AND TO ENSURE THAT
SOILS WILL BE CAPABLE OF AGRICULTURAL PRODUCTION; AND
(3) OBTAIN DECOMMISSIONING SURETY BONDS OR ANOTHER FORM OF INSURANCE
TO SECURE ALL OR A PART OF DECOMMISSIONING COSTS REQUIRED AT THE CONCLU-
SION OF THE LEASE;
(D) REQUIRING THE SUBMISSION OF A FARMLAND CONSERVATION FEE OF ONE
PERCENT OF THE PRICE PER ACRE OF PRIME SOIL OR PRIME FARMLAND WHICH
SOLAR IS DEVELOPED ON. SUCH FARMLAND CONSERVATION FEE SHALL BE DEPOSITED
IN THE AGRICULTURAL AND FARMLAND VIABILITY PROTECTION FUND ESTABLISHED
PURSUANT TO SECTION NINETY-NINE-PP OF THE STATE FINANCE LAW; AND
(E) FARMLAND PROTECTION AND CONSIDERATION OF LOCAL ECONOMIES. THE
OFFICE SHALL TAKE INTO ACCOUNT THE REGIONAL IMPACTS, BASED ON THE
REGIONAL ECONOMIC DEVELOPMENT COUNCIL REGION, ON FARMLAND PRESERVATION,
S. 8308--B 42
LOCAL FOOD SUPPLY CHAINS, AND STATEWIDE FOOD SECURITY; PROVIDED THAT THE
OFFICE SHALL ENSURE THAT A CRITICAL MASS OF FARMLAND WITHIN THE DESIG-
NATED REGION IS NOT THREATENED. THE OFFICE SHALL ALSO REQUIRE THE
PERMITTEE TO COORDINATE WITH COUNTY-LEVEL GOVERNMENTS TO ENSURE NO MORE
LAND MASS SHALL BE DEVELOPED FOR SOLAR ENERGY DEVELOPMENT THAN WILL
SIGNIFICANTLY NEGATIVELY IMPACT THE LOCAL ECONOMY. TWO YEARS AFTER THE
EFFECTIVE DATE OF THIS SUBDIVISION, THE OFFICE, IN CONJUNCTION WITH THE
PUBLIC SERVICE COMMISSION AND THE DEPARTMENT OF AGRICULTURE AND MARKETS,
SHALL REEVALUATE THE EFFICACY OF THIS PARAGRAPH AND PROPOSE RECOMMENDA-
TIONS TO THE LEGISLATURE, INCLUDING BUT NOT LIMITED TO, THE CONSIDER-
ATION OF NEW PERTINENT TECHNOLOGY AND/OR INFORMATION.
7. (A) THE OFFICE, IN CONSULTATION WITH THE COMMISSION, SHALL POST,
MAINTAIN, AND REGULARLY UPDATE ON ITS WEBSITE A STATEWIDE MAP WITH THE
LOCATION, APPROXIMATE ACREAGE, AND GENERATION CAPACITY OF EACH APPROVED
AND PROPOSED FACILITY PURSUANT TO THIS ARTICLE OR RENEWABLE ELECTRIC
GENERATING FACILITY PURSUANT TO ARTICLE TEN OF THIS CHAPTER FOR WHICH
PERMITTED, COMPLETE, OR INCOMPLETE APPLICATIONS OR NOTICES OF INTENT
HAVE BEEN RECEIVED BY THE OFFICE OR THE PUBLIC SERVICE COMMISSION. SUCH
STATEWIDE MAP SHALL INCLUDE ANY ADDITIONAL INFORMATION THE OFFICE DEEMS
NECESSARY. THE INFORMATION REQUIRED PURSUANT TO THIS SUBPARAGRAPH SHALL
BE UPDATED UPON THE COMPLETION OF EACH NEW OR UPDATED APPLICATION FOR A
PROPOSED FACILITY. THE MAP SHALL BE UPDATED IMMEDIATELY UPON RECEIPT OF
PERMITTED, COMPLETE, OR INCOMPLETE APPLICATIONS OR NOTICES OF INTENT FOR
THE PROPOSED PROJECT BY THE OFFICE OR THE PUBLIC SERVICE COMMISSION.
(B) THE OFFICE, IN CONSULTATION WITH THE COMMISSION, SHALL CREATE AN
INFORMATIONAL TAB, USING PREVIOUSLY ESTABLISHED REGIONAL ECONOMIC DEVEL-
OPMENT COUNCIL REGIONS, THAT CALCULATES REGIONAL IMPACTS OF RENEWABLE
ENERGY GENERATION FACILITIES FOR WHICH PERMITTED, COMPLETE, OR INCOM-
PLETE APPLICATIONS OR NOTICES OF INTENT HAVE BEEN RECEIVED BY THE OFFICE
OR THE PUBLIC SERVICE COMMISSION. SUCH IMPACTS INCLUDE, BUT ARE NOT
LIMITED TO, TOTAL ACREAGE OF:
(I) THE PROPOSED PROJECT;
(II) THE PROJECT'S PRIME AGRICULTURAL LAND AND PRIME SOILS, UNIQUE
FARMLAND, AND FARMLAND OF STATEWIDE OR LOCAL IMPORTANCE, INCLUDING
MINERAL SOILS GROUP (MSG) 1-4, AS DEFINED BY THE DEPARTMENT OF AGRICUL-
TURE AND MARKETS;
(III) THE PROJECT'S OPEN SPACE, AS DEFINED BY SECTION TWO HUNDRED
FORTY-SEVEN OF THE GENERAL MUNICIPAL LAW; AND
(IV) THE PROJECT'S FOREST LAND, AS DEFINED BY SECTION 9-0101 OF THE
ENVIRONMENTAL CONSERVATION LAW.
§ 139. APPLICABILITY. 1. NO PERSON SHALL COMMENCE THE PREPARATION OF A
SITE FOR, OR BEGIN THE CONSTRUCTION OF, A MAJOR RENEWABLE ENERGY FACILI-
TY IN THE STATE, OR INCREASE THE CAPACITY OF AN EXISTING MAJOR RENEWABLE
ENERGY FACILITY, WITHOUT HAVING FIRST OBTAINED A SITING PERMIT PURSUANT
TO THIS ARTICLE. EXCEPT AS PROVIDED IN PARAGRAPH (D) OF SUBDIVISION FIVE
OF THIS SECTION, ON AND AFTER EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE
OF THIS ARTICLE, NO PERSON SHALL COMMENCE THE PREPARATION OF A SITE FOR,
OR BEGIN CONSTRUCTION OF, A MAJOR ELECTRIC TRANSMISSION FACILITY IN THE
STATE WITHOUT HAVING FIRST OBTAINED A SITING PERMIT ISSUED WITH RESPECT
TO SUCH FACILITY PURSUANT TO THIS ARTICLE. ANY MAJOR RENEWABLE ENERGY
FACILITY OR MAJOR ELECTRIC TRANSMISSION FACILITY SUBJECT TO THIS ARTICLE
WITH RESPECT TO WHICH A SITING PERMIT IS ISSUED SHALL NOT THEREAFTER BE
BUILT, MAINTAINED, OR OPERATED EXCEPT IN CONFORMITY WITH SUCH SITING
PERMIT AND ANY TERMS, LIMITATIONS, OR CONDITIONS CONTAINED THEREIN,
PROVIDED THAT NOTHING IN THIS SUBDIVISION SHALL EXEMPT SUCH FACILITY
FROM COMPLIANCE WITH FEDERAL LAWS AND REGULATIONS.
S. 8308--B 43
2. A SITING PERMIT ISSUED BY ORES MAY BE TRANSFERRED OR ASSIGNED,
SUBJECT TO THE PRIOR WRITTEN APPROVAL OF THE OFFICE, TO A PERSON THAT
AGREES TO COMPLY WITH THE TERMS, LIMITATIONS AND CONDITIONS CONTAINED IN
SUCH SITING PERMIT.
3. ORES OR A PERMITTEE MAY INITIATE AN AMENDMENT TO A SITING PERMIT
UNDER THIS SECTION. AN AMENDMENT INITIATED BY ORES OR PERMITTEE THAT IS
LIKELY TO RESULT IN ANY MATERIAL INCREASE IN ANY ADVERSE ENVIRONMENTAL
IMPACT OR INVOLVES A SUBSTANTIAL CHANGE TO THE TERMS OR CONDITIONS OF A
SITING PERMIT SHALL COMPLY WITH THE PUBLIC NOTICE AND HEARING REQUIRE-
MENTS OF THIS SECTION.
4. ANY HEARINGS OR DISPUTE RESOLUTION PROCEEDINGS INITIATED UNDER THIS
SECTION OR PURSUANT TO RULES OR REGULATIONS PROMULGATED PURSUANT TO THIS
SECTION MAY BE CONDUCTED BY THE EXECUTIVE DIRECTOR OF ORES OR ANY PERSON
TO WHOM THE COMMISSION SHALL DELEGATE THE POWER AND AUTHORITY TO CONDUCT
SUCH HEARINGS OR PROCEEDINGS AT ANY TIME AND PLACE.
5. THIS SECTION SHALL NOT APPLY:
(A) TO ANY MAJOR ELECTRIC TRANSMISSION FACILITY OVER WHICH ANY AGENCY
OR DEPARTMENT OF THE FEDERAL GOVERNMENT HAS EXCLUSIVE JURISDICTION, OR
HAS JURISDICTION CONCURRENT WITH THAT OF THE STATE AND HAS EXERCISED
SUCH JURISDICTION, TO THE EXCLUSION OF REGULATION OF THE FACILITY BY THE
STATE; PROVIDED, HOWEVER, NOTHING HEREIN SHALL BE CONSTRUED TO EXPAND
FEDERAL JURISDICTION;
(B) TO NORMAL REPAIRS, MAINTENANCE, REPLACEMENTS, NON-MATERIAL MODIFI-
CATIONS AND IMPROVEMENTS OF A MAJOR RENEWABLE ENERGY FACILITY OR MAJOR
ELECTRIC TRANSMISSION FACILITY SUBJECT TO THIS ARTICLE, WHENEVER BUILT,
WHICH ARE PERFORMED IN THE ORDINARY COURSE OF BUSINESS AND WHICH DO NOT
CONSTITUTE A VIOLATION OF ANY APPLICABLE EXISTING PERMIT;
(C) TO A MAJOR RENEWABLE ENERGY FACILITY IF, ON OR BEFORE THE EFFEC-
TIVE DATE OF THIS ARTICLE, AN APPLICATION HAS BEEN MADE OR GRANTED FOR A
LICENSE, PERMIT, CERTIFICATE, CONSENT OR APPROVAL FROM ANY FEDERAL,
STATE OR LOCAL COMMISSION, AGENCY, BOARD OR REGULATORY BODY; AND
(D) TO A MAJOR ELECTRIC TRANSMISSION FACILITY FOR WHICH AN APPLICATION
PURSUANT TO ARTICLE SEVEN OF THIS CHAPTER AND ITS IMPLEMENTING REGU-
LATIONS IS SUBMITTED ON OR BEFORE THE ESTABLISHMENT OF THE UNIFORM STAN-
DARDS AND CONDITIONS REQUIRED PURSUANT TO SUBDIVISION TWO OF SECTION ONE
HUNDRED THIRTY-EIGHT OF THIS ARTICLE.
6. AFTER THE EFFECTIVE DATE OF THIS ARTICLE, ANY PERSON INTENDING TO
CONSTRUCT A MAJOR ELECTRIC TRANSMISSION FACILITY EXCLUDED FROM THIS
SECTION PURSUANT TO PARAGRAPH (D) OF SUBDIVISION FIVE OF THIS SECTION
MAY ELECT TO BECOME SUBJECT TO THE PROVISIONS OF THIS SECTION BY FILING
AN APPLICATION FOR A SITING PERMIT PURSUANT TO THE REGULATIONS OF ORES
GOVERNING SUCH APPLICATIONS.
§ 140. APPLICATION AND NOTICE. 1. (A) NOTWITHSTANDING ANY LAW TO THE
CONTRARY, ORES SHALL, WITHIN SIXTY DAYS OF ITS RECEIPT OF AN APPLICATION
FOR A SITING PERMIT WITH RESPECT TO A MAJOR RENEWABLE ENERGY FACILITY
SUBJECT TO THIS ARTICLE DETERMINE WHETHER THE APPLICATION IS COMPLETE
AND NOTIFY THE APPLICANT OF ITS DETERMINATION. IF ORES DOES NOT DEEM THE
APPLICATION COMPLETE, ORES SHALL SET FORTH IN WRITING DELIVERED TO THE
APPLICANT THE REASONS WHY IT HAS DETERMINED THE APPLICATION TO BE INCOM-
PLETE. IF ORES FAILS TO MAKE A DETERMINATION WITHIN THE FOREGOING
SIXTY-DAY TIME PERIOD, THE APPLICATION SHALL BE DEEMED COMPLETE;
PROVIDED, HOWEVER, THAT THE APPLICANT MAY CONSENT TO AN EXTENSION OF THE
SIXTY-DAY TIME PERIOD FOR DETERMINING APPLICATION COMPLETENESS.
PROVIDED, FURTHER, THAT NO APPLICATION MAY BE COMPLETE WITHOUT PROOF OF
CONSULTATION WITH THE MUNICIPALITY OR POLITICAL SUBDIVISION WHERE THE
PROJECT IS PROPOSED TO BE LOCATED, OR AN AGENCY THEREOF, PRIOR TO
S. 8308--B 44
SUBMISSION OF AN APPLICATION TO ORES, RELATED TO PROCEDURAL AND SUBSTAN-
TIVE REQUIREMENTS OF LOCAL LAW.
(B) NO LATER THAN SIXTY DAYS FOLLOWING THE DATE UPON WHICH AN APPLICA-
TION HAS BEEN DEEMED COMPLETE, AND FOLLOWING CONSULTATION WITH ANY RELE-
VANT STATE AGENCY OR AUTHORITY, ORES SHALL PUBLISH FOR PUBLIC COMMENT
DRAFT PERMIT CONDITIONS PREPARED BY THE OFFICE, WHICH COMMENT PERIOD
SHALL BE FOR A MINIMUM OF SIXTY DAYS FROM PUBLIC NOTICE THEREOF, OR
NOTICE OF INTENT TO DENY WITH REASONS THEREOF. SUCH PUBLIC NOTICE SHALL
INCLUDE, BUT SHALL NOT BE LIMITED TO: (I) WRITTEN NOTICE TO THE MUNICI-
PALITIES OR POLITICAL SUBDIVISIONS IN WHICH SUCH PROJECT IS PROPOSED TO
BE LOCATED; (II) PUBLICATION IN A NEWSPAPER OR IN ELECTRONIC FORM,
HAVING GENERAL CIRCULATION IN SUCH MUNICIPALITIES OR POLITICAL SUBDIVI-
SIONS; AND (III) POSTING THE NOTICE ON THE OFFICE'S AND THE DEPARTMENT'S
WEBSITE.
(C) FOR ANY MUNICIPALITY, POLITICAL SUBDIVISION OR AN AGENCY THEREOF
THAT HAS RECEIVED NOTICE OF THE FILING OF AN APPLICATION, PURSUANT TO
REGULATIONS PROMULGATED IN ACCORDANCE WITH THIS ARTICLE, THE MUNICI-
PALITY OR POLITICAL SUBDIVISION OR AGENCY THEREOF SHALL WITHIN THE TIME-
FRAMES ESTABLISHED BY THIS SUBDIVISION SUBMIT A STATEMENT TO ORES INDI-
CATING WHETHER THE PROPOSED PROJECT IS DESIGNED TO BE SITED, CONSTRUCTED
AND OPERATED IN COMPLIANCE WITH APPLICABLE LOCAL LAWS AND REGULATIONS,
IF ANY, CONCERNING THE ENVIRONMENT, OR PUBLIC HEALTH AND SAFETY. IN THE
EVENT THAT A MUNICIPALITY, POLITICAL SUBDIVISION OR AN AGENCY THEREOF
SUBMITS A STATEMENT TO ORES THAT THE PROPOSED PROJECT IS NOT DESIGNED TO
BE SITED, CONSTRUCTED OR OPERATED IN COMPLIANCE WITH LOCAL LAWS AND
REGULATIONS AND ORES DETERMINES NOT TO HOLD AN ADJUDICATORY HEARING ON
THE APPLICATION, ORES SHALL HOLD A NON-ADJUDICATORY PUBLIC HEARING IN OR
NEAR ONE OR MORE OF THE AFFECTED MUNICIPALITIES OR POLITICAL SUBDIVI-
SIONS.
2. (A) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ORES SHALL, WITHIN ONE
HUNDRED TWENTY DAYS AFTER ITS RECEIPT OF AN APPLICATION FOR A SITING
PERMIT WITH RESPECT TO A MAJOR ELECTRIC TRANSMISSION FACILITY, DETERMINE
WHETHER THE APPLICATION IS COMPLETE AND NOTIFY THE APPLICANT OF ITS
DETERMINATION. IF ORES DOES NOT DEEM THE APPLICATION COMPLETE, IT SHALL
SET FORTH IN WRITING DELIVERED TO THE APPLICANT THE REASONS WHY IT HAS
DETERMINED THE APPLICATION TO BE INCOMPLETE. IF ORES FAILS TO MAKE A
DETERMINATION WITHIN THE FOREGOING ONE HUNDRED TWENTY DAY TIME PERIOD,
THE APPLICATION SHALL BE DEEMED COMPLETE; PROVIDED, HOWEVER, THAT THE
APPLICANT MAY CONSENT TO AN EXTENSION OF THE ONE HUNDRED TWENTY DAY TIME
PERIOD FOR DETERMINING APPLICATION COMPLETENESS. PROVIDED, FURTHER,
THAT NO APPLICATION MAY BE COMPLETE WITHOUT PROOF OF CONSULTATION WITH
THE MUNICIPALITY OR POLITICAL SUBDIVISION WHERE THE PROJECT IS PROPOSED
TO BE LOCATED, OR AN AGENCY THEREOF, PRIOR TO SUBMISSION OF AN APPLICA-
TION TO ORES, RELATED TO PROCEDURAL AND SUBSTANTIVE REQUIREMENTS OF
LOCAL LAW.
(B) IN ADDITION TO ADDRESSING UNIFORM STANDARDS AND CONDITIONS, THE
APPLICATION FOR A SITING PERMIT WITH RESPECT TO A MAJOR ELECTRIC TRANS-
MISSION FACILITY SHALL INCLUDE, IN SUCH FORM AS ORES MAY PRESCRIBE, THE
FOLLOWING INFORMATION: (I) THE LOCATION OF THE SITE OR RIGHT-OF-WAY;
(II) A DESCRIPTION OF THE TRANSMISSION FACILITY TO BE BUILT THEREON;
(III) A SUMMARY OF ANY STUDIES WHICH HAVE BEEN MADE OF THE ENVIRONMENTAL
IMPACT OF THE PROJECT, AND A DESCRIPTION OF SUCH STUDIES; (IV) A STATE-
MENT EXPLAINING THE PUBLIC NEED FOR THE FACILITY; (V) COPIES OF ANY
STUDIES OF THE ELECTRICAL PERFORMANCE AND SYSTEM IMPACTS OF THE FACILITY
PERFORMED BY THE STATE GRID OPERATOR PURSUANT TO ITS TARIFF; AND (VI)
S. 8308--B 45
SUCH OTHER INFORMATION AS THE APPLICANT MAY CONSIDER RELEVANT OR ORES
MAY BY REGULATION REQUIRE.
(C) TO THE GREATEST EXTENT PRACTICABLE, EACH LANDOWNER OF LAND ON
WHICH ANY PORTION OF SUCH PROPOSED FACILITY IS TO BE LOCATED SHALL BE
SERVED BY FIRST CLASS MAIL WITH A NOTICE THAT SUCH LANDOWNER'S PROPERTY
MAY BE IMPACTED BY A PROJECT AND AN EXPLANATION OF HOW TO FILE WITH ORES
A NOTICE OF INTENT TO BE A PARTY IN THE PERMIT APPLICATION PROCEEDINGS
AND THE TIMEFRAME FOR FILING SUCH APPLICATION.
(D) NO LATER THAN SIXTY DAYS FOLLOWING THE DATE UPON WHICH AN APPLICA-
TION HAS BEEN DEEMED COMPLETE, AND FOLLOWING CONSULTATION WITH ANY RELE-
VANT STATE AGENCY OR AUTHORITY, ORES SHALL PUBLISH FOR PUBLIC COMMENT
DRAFT PERMIT CONDITIONS PREPARED BY THE OFFICE, WHICH COMMENT PERIOD
SHALL BE FOR A MINIMUM OF SIXTY DAYS FROM PUBLIC NOTICE THEREOF. SUCH
PUBLIC NOTICE SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO: (I) WRITTEN
NOTICE TO THE MUNICIPALITIES AND POLITICAL SUBDIVISIONS, IN WHICH THE
MAJOR ELECTRIC UTILITY TRANSMISSION IS PROPOSED TO BE LOCATED AND TO
LANDOWNERS NOTIFIED OF THE APPLICATION PURSUANT TO PARAGRAPH (C) OF THIS
SUBDIVISION; (II) PUBLICATION IN A NEWSPAPER OR IN ELECTRONIC FORM,
HAVING GENERAL CIRCULATION IN SUCH MUNICIPALITIES OR POLITICAL SUBDIVI-
SIONS; AND (III) POSTING ON THE OFFICE'S AND THE DEPARTMENT'S WEBSITE.
3. FOR ANY MUNICIPALITY, POLITICAL SUBDIVISION OR AN AGENCY THEREOF
THAT HAS RECEIVED NOTICE OF THE FILING OF AN APPLICATION, PURSUANT TO
REGULATIONS PROMULGATED IN ACCORDANCE WITH THIS SECTION OR OTHERWISE IN
EFFECT ON THE EFFECTIVE DATE OF THIS ARTICLE, THE MUNICIPALITY OR POLI-
TICAL SUBDIVISION OR AGENCY THEREOF SHALL WITHIN THE TIMEFRAMES ESTAB-
LISHED BY THIS ACT SUBMIT A STATEMENT TO ORES INDICATING WHETHER THE
PROPOSED FACILITY IS DESIGNED TO BE SITED, CONSTRUCTED AND OPERATED IN
COMPLIANCE WITH APPLICABLE LOCAL LAWS AND REGULATIONS, IF ANY, CONCERN-
ING THE ENVIRONMENT, OR PUBLIC HEALTH AND SAFETY. IN THE EVENT THAT A
MUNICIPALITY, POLITICAL SUBDIVISION OR AN AGENCY THEREOF SUBMITS A
STATEMENT TO ORES THAT THE PROPOSED FACILITY IS NOT DESIGNED TO BE
SITED, CONSTRUCTED OR OPERATED IN COMPLIANCE WITH LOCAL LAWS AND REGU-
LATIONS AND ORES DETERMINES NOT TO HOLD AN ADJUDICATORY HEARING ON THE
APPLICATION, ORES SHALL HOLD A NON-ADJUDICATORY PUBLIC HEARING IN THE
AFFECTED MUNICIPALITY OR POLITICAL SUBDIVISION.
4. IF PUBLIC COMMENTS ON A DRAFT PERMIT CONDITION PUBLISHED BY ORES
PURSUANT TO THIS SECTION, INCLUDING COMMENTS PROVIDED BY A MUNICIPALITY
OR POLITICAL SUBDIVISION OR AGENCY THEREOF, LANDOWNERS, OR MEMBERS OF
THE PUBLIC, RAISE A SUBSTANTIVE AND SIGNIFICANT ISSUE, AS DEFINED IN
REGULATIONS ADOPTED PURSUANT TO THIS ARTICLE, THAT REQUIRES ADJUDI-
CATION, ORES SHALL PROMPTLY FIX A DATE FOR AN ADJUDICATORY HEARING TO
HEAR ARGUMENTS AND CONSIDER EVIDENCE WITH RESPECT THERETO; PROVIDED,
HOWEVER, THAT WITH RESPECT TO AN APPLICATION FOR A SITING PERMIT FOR A
MAJOR ELECTRIC TRANSMISSION FACILITY, ANY PORTION OF WHICH IS TO BE
LOCATED ON THE LAND OF A LANDOWNER FOR WHICH THE APPLICANT LACKS A
RIGHT-OF-WAY AGREEMENT, ORES SHALL PROVIDE SUCH LANDOWNER WITH AN OPPOR-
TUNITY TO CHALLENGE THE EXPLANATION FOR THE PUBLIC NEED GIVEN IN SUCH
APPLICATION.
5. FOLLOWING THE EXPIRATION OF THE PUBLIC COMMENT PERIOD SET FORTH IN
THIS SECTION, AND FOLLOWING THE CONCLUSION OF A HEARING UNDERTAKEN
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, ORES SHALL, IN THE CASE OF
A PUBLIC COMMENT PERIOD, ISSUE A WRITTEN SUMMARY OF PUBLIC COMMENTS AND
AN ASSESSMENT OF COMMENTS RECEIVED, AND IN THE CASE OF AN ADJUDICATORY
HEARING, THE EXECUTIVE OFFICER OR ANY PERSON TO WHOM THE EXECUTIVE
DIRECTOR HAS DELEGATED SUCH AUTHORITY SHALL ISSUE A FINAL WRITTEN HEAR-
ING REPORT. A FINAL SITING PERMIT MAY ONLY BE ISSUED IF ORES MAKES A
S. 8308--B 46
FINDING THAT THE PROPOSED PROJECT, TOGETHER WITH ANY APPLICABLE UNIFORM
AND SITE-SPECIFIC STANDARDS AND CONDITIONS, WOULD COMPLY WITH APPLICABLE
LAWS AND REGULATIONS. IN MAKING A FINAL SITING PERMIT DETERMINATION WITH
RESPECT TO A MAJOR RENEWABLE ENERGY FACILITY OR A MAJOR ELECTRIC TRANS-
MISSION FACILITY, ORES MAY ELECT NOT TO APPLY, IN WHOLE OR IN PART, ANY
LOCAL LAW OR ORDINANCE THAT WOULD OTHERWISE BE APPLICABLE IF IT MAKES A
FINDING THAT, AS APPLIED TO THE PROPOSED FACILITY, IT IS UNREASONABLY
BURDENSOME IN VIEW OF THE CLCPA TARGETS, THE ENVIRONMENTAL BENEFITS, AND
IN THE CASE OF A TRANSMISSION FACILITY, THE PUBLIC NEED FOR THE PROPOSED
PROJECT.
6. NOTWITHSTANDING ANY OTHER DEADLINE MADE APPLICABLE BY THIS SECTION,
ORES SHALL MAKE A FINAL DECISION ON A SITING PERMIT WITHIN ONE YEAR FROM
THE DATE THE APPLICATION WAS DEEMED COMPLETE, OR WITHIN SIX MONTHS FROM
THE DATE THE APPLICATION WAS DEEMED COMPLETE IF SUCH APPLICATION RELATES
TO A MAJOR RENEWABLE ENERGY FACILITY THAT IS PROPOSED TO BE SITED ON AN
EXISTING OR ABANDONED COMMERCIAL USE, INCLUDING WITHOUT LIMITATION,
BROWNFIELDS, LANDFILLS, FORMER COMMERCIAL OR INDUSTRIAL SITES, DORMANT
ELECTRIC GENERATING SITES, AND ABANDONED OR OTHERWISE UNDERUTILIZED
SITES, AS FURTHER DEFINED BY THE REGULATIONS PROMULGATED BY OR IN EFFECT
UNDER THIS ARTICLE. UNLESS ORES AND THE APPLICANT HAVE AGREED TO AN
EXTENSION AND IF A FINAL SITING PERMIT DECISION HAS NOT BEEN MADE BY
ORES WITHIN SUCH TIME PERIOD, THEN SUCH SITING PERMIT SHALL BE DEEMED TO
HAVE BEEN AUTOMATICALLY GRANTED FOR ALL PURPOSES SET FORTH IN THIS ARTI-
CLE AND ALL UNIFORM CONDITIONS OR SITE SPECIFIC PERMIT CONDITIONS ISSUED
FOR PUBLIC COMMENT SHALL CONSTITUTE ENFORCEABLE PROVISIONS OF THE SITING
PERMIT; PROVIDED, HOWEVER, THAT WITH RESPECT TO A FINAL SITING PERMIT
DECISION RELATED TO A MAJOR ELECTRIC TRANSMISSION FACILITY, ANY PORTION
OF WHICH IS TO BE LOCATED ON THE LAND OF A LANDOWNER FOR WHICH THE
APPLICANT LACKS AN EXISTING RIGHT-OF-WAY AGREEMENT, NO SUCH PERMIT MAY
BE AUTOMATICALLY GRANTED. THE FINAL SITING PERMIT RELATED TO A MAJOR
RENEWABLE ENERGY FACILITY SHALL INCLUDE A PROVISION REQUIRING THE
PERMITTEE TO PROVIDE A HOST COMMUNITY BENEFIT, WHICH MAY BE A HOST
COMMUNITY BENEFIT AS DETERMINED BY THE COMMISSION PURSUANT TO SECTION
EIGHT OF PART JJJ OF CHAPTER FIFTY-EIGHT OF THE LAWS OF TWO THOUSAND
TWENTY OR SUCH OTHER PROJECT AS DETERMINED BY ORES OR AS SUBSEQUENTLY
AGREED TO BETWEEN THE APPLICANT AND THE HOST COMMUNITY.
7. ORES, IN CONSULTATION WITH THE DEPARTMENT, MAY EXEMPT FROM THE
REQUIREMENTS OF THIS ARTICLE APPLICATIONS FOR A MAJOR ELECTRIC TRANS-
MISSION FACILITY THAT WOULD BE CONSTRUCTED SUBSTANTIALLY WITHIN EXISTING
RIGHTS-OF-WAY.
§ 141. POWERS OF MUNICIPALITIES AND STATE AGENCIES AND AUTHORITIES;
SCOPE. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING WITHOUT
LIMITATION ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ARTI-
CLE SEVEN OF THIS CHAPTER, NO OTHER STATE AGENCY, DEPARTMENT OR AUTHORI-
TY, OR ANY MUNICIPALITY OR POLITICAL SUBDIVISION OR ANY AGENCY THEREOF
MAY, EXCEPT AS EXPRESSLY AUTHORIZED UNDER THIS ARTICLE OR THE RULES AND
REGULATIONS PROMULGATED UNDER THIS ARTICLE, REQUIRE ANY APPROVAL,
CONSENT, PERMIT, CERTIFICATE, CONTRACT, AGREEMENT, OR OTHER CONDITION
FOR THE DEVELOPMENT, DESIGN, CONSTRUCTION, OPERATION, OR DECOMMISSIONING
OF A MAJOR RENEWABLE ENERGY FACILITY OR A MAJOR ELECTRIC TRANSMISSION
FACILITY WITH RESPECT TO WHICH AN APPLICATION FOR A SITING PERMIT HAS
BEEN FILED, PROVIDED IN THE CASE OF A MUNICIPALITY, POLITICAL SUBDIVI-
SION OR AN AGENCY THEREOF, SUCH ENTITY HAS RECEIVED NOTICE OF THE FILING
OF THE APPLICATION THEREFOR. NOTWITHSTANDING THE FOREGOING, THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION SHALL BE THE PERMITTING AGENCY FOR
S. 8308--B 47
PERMITS ISSUED PURSUANT TO FEDERALLY DELEGATED OR FEDERALLY APPROVED
PROGRAMS.
2. THIS SECTION SHALL NOT IMPAIR OR ABROGATE ANY FEDERAL, STATE OR
LOCAL LABOR LAWS OR ANY OTHERWISE APPLICABLE STATE LAW FOR THE
PROTECTION OF EMPLOYEES ENGAGED IN THE CONSTRUCTION AND OPERATION OF A
MAJOR RENEWABLE ENERGY FACILITY OR MAJOR ELECTRIC TRANSMISSION FACILITY.
3. ORES AND THE DEPARTMENT SHALL MONITOR, ENFORCE AND ADMINISTER
COMPLIANCE WITH ANY TERMS AND CONDITIONS SET FORTH IN A SITING PERMIT
ISSUED PURSUANT TO THIS ARTICLE AND IN DOING SO MAY USE AND RELY ON
AUTHORITY OTHERWISE AVAILABLE UNDER THIS CHAPTER.
§ 142. FEES; LOCAL AGENCY ACCOUNT. 1. EACH APPLICATION FOR A SITING
PERMIT SHALL BE ACCOMPANIED BY A FEE IN AN AMOUNT EQUAL TO THE FOLLOW-
ING:
(A) FOR A MAJOR RENEWABLE ENERGY FACILITY, ONE THOUSAND DOLLARS FOR
EACH THOUSAND KILOWATTS OF CAPACITY OF THE PROPOSED MAJOR RENEWABLE
ENERGY FACILITY;
(B) FOR A MAJOR ELECTRIC TRANSMISSION FACILITY OF ONE HUNDRED TWENTY-
FIVE KILOVOLTS OR MORE EXTENDING A DISTANCE OF OVER ONE HUNDRED MILES,
FOUR HUNDRED FIFTY THOUSAND DOLLARS;
(C) FOR A MAJOR ELECTRIC TRANSMISSION FACILITY OF ONE HUNDRED TWENTY-
FIVE KILOVOLTS OR MORE EXTENDING A DISTANCE OF OVER FIFTY MILES TO ONE
HUNDRED MILES, THREE HUNDRED FIFTY THOUSAND DOLLARS;
(D) FOR A MAJOR ELECTRIC TRANSMISSION FACILITY REQUIRING A NEW RIGHT-
OF-WAY AND ONE HUNDRED TWENTY-FIVE KILOVOLTS OR MORE EXTENDING A
DISTANCE OF TEN MILES TO FIFTY MILES, ONE HUNDRED THOUSAND DOLLARS; AND
(E) FOR A MAJOR ELECTRIC TRANSMISSION FACILITY UTILIZING AN EXISTING
RIGHT-OF-WAY AND ONE HUNDRED TWENTY-FIVE KILOVOLTS OR MORE EXTENDING A
DISTANCE OF TEN MILES TO FIFTY MILES, FIFTY THOUSAND DOLLARS.
2. SUCH FEE IS TO BE DEPOSITED IN AN ACCOUNT TO BE KNOWN AS THE LOCAL
AGENCY ACCOUNT ESTABLISHED FOR THE BENEFIT OF LOCAL AGENCIES AND COMMU-
NITY INTERVENORS BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY AND MAINTAINED IN A SEGREGATED ACCOUNT IN THE CUSTODY OF THE
COMMISSIONER OF TAXATION AND FINANCE. ORES, IN CONSULTATION WITH THE
DEPARTMENT, MAY UPDATE THE FEE PERIODICALLY SOLELY TO ACCOUNT FOR
INFLATION. THE PROCEEDS OF SUCH ACCOUNT SHALL BE DISBURSED BY THE
OFFICE, IN ACCORDANCE WITH ELIGIBILITY AND PROCEDURES ESTABLISHED BY THE
RULES AND REGULATIONS PROMULGATED BY ORES OR THE DEPARTMENT PURSUANT TO
THIS ARTICLE OR IN EFFECT AS OF THE EFFECTIVE DATE OF THIS ARTICLE, FOR
THE PARTICIPATION OF LOCAL AGENCIES AND COMMUNITY INTERVENORS IN PUBLIC
COMMENT PERIODS OR HEARING PROCEDURES ESTABLISHED BY THIS ARTICLE,
INCLUDING THE RULES AND REGULATIONS PROMULGATED HERETO; PROVIDED THAT
FEES MUST BE DISBURSED FOR MUNICIPALITIES, POLITICAL SUBDIVISIONS OR AN
AGENCY THEREOF, TO DETERMINE WHETHER A PROPOSED PROJECT IS DESIGNED TO
BE SITED, CONSTRUCTED AND OPERATED IN COMPLIANCE WITH THE APPLICABLE
LOCAL LAWS AND REGULATIONS.
3. ALL FUNDS SO HELD BY THE NEW YORK STATE ENERGY RESEARCH AND DEVEL-
OPMENT AUTHORITY SHALL BE SUBJECT TO AN ANNUAL INDEPENDENT AUDIT AS PART
OF SUCH AUTHORITY'S AUDITED FINANCIAL STATEMENTS, AND SUCH AUTHORITY
SHALL PREPARE AN ANNUAL REPORT SUMMARIZING ACCOUNT BALANCES AND ACTIV-
ITIES FOR EACH FISCAL YEAR ENDING MARCH THIRTY-FIRST AND PROVIDE SUCH
REPORT TO THE OFFICE NO LATER THAN NINETY DAYS AFTER COMMENCEMENT OF
SUCH FISCAL YEAR AND POST ON THE AUTHORITY'S WEBSITE.
4. TO THE EXTENT AN APPLICANT SUBMITTED INTERVENOR FUNDS PURSUANT TO
ARTICLES SEVEN OR TEN OF THIS CHAPTER AND HAS NOW FILED AN APPLICATION
FOR A SITING PERMIT PURSUANT TO THIS ARTICLE, ANY AMOUNTS HELD IN AN
INTERVENOR ACCOUNT ESTABLISHED PURSUANT TO ARTICLES SEVEN AND TEN OF
S. 8308--B 48
THIS CHAPTER FOR THAT PROJECT SHALL BE APPLIED TO THE INTERVENOR ACCOUNT
ESTABLISHED BY THIS SECTION.
5. IN ADDITION TO THE FEES ESTABLISHED PURSUANT TO THIS SECTION, ORES
OR THE DEPARTMENT, PURSUANT TO REGULATIONS ADOPTED PURSUANT TO THIS
ARTICLE, MAY ASSESS A FEE FOR THE PURPOSE OF RECOVERING COSTS INCURRED
BY THE OFFICE AND MAY REQUIRE ANY APPLICATIONS FOR A QUALIFIED ENERGY
STORAGE SYSTEM SUBMITTED TO BE ACCOMPANIED BY A FEE OF FIFTY THOUSAND
DOLLARS; PROVIDED, HOWEVER, THAT PUBLIC UTILITIES THAT ARE SUBJECT TO
SECTION EIGHTEEN-A OF THIS CHAPTER SHALL NOT BE ASSESSED A FEE FOR SUCH
COSTS.
6. IN ADDITION TO THE FEES ESTABLISHED PURSUANT TO THIS SECTION, ORES
OR THE DEPARTMENT, PURSUANT TO REGULATIONS ADOPTED PURSUANT TO THIS
ARTICLE, MAY ASSESS A FEE FOR THE PURPOSE OF RECOVERING COSTS INCURRED
BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY
PURSUANT TO TITLE NINE-C OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES
LAW; PROVIDED, HOWEVER, THAT PUBLIC UTILITIES THAT ARE SUBJECT TO
SECTION EIGHTEEN-A OF THIS CHAPTER SHALL NOT BE ASSESSED A FEE FOR SUCH
COSTS.
§ 143. JUDICIAL REVIEW. 1. ANY PARTY AGGRIEVED BY THE ISSUANCE OR
DENIAL OF A SITING PERMIT UNDER THIS ARTICLE MAY SEEK JUDICIAL REVIEW OF
SUCH DECISION AS PROVIDED IN THIS SECTION.
2. A JUDICIAL PROCEEDING SHALL BE BROUGHT IN THE THIRD DEPARTMENT OF
THE APPELLATE DIVISION OF THE SUPREME COURT OF THE STATE OF NEW YORK.
SUCH PROCEEDING SHALL BE INITIATED BY THE FILING OF A PETITION IN SUCH
COURT WITHIN NINETY DAYS AFTER THE ISSUANCE OF A FINAL DECISION BY ORES
TOGETHER WITH PROOF OF SERVICE OF A DEMAND ON ORES TO FILE WITH SAID
COURT A COPY OF A WRITTEN TRANSCRIPT OF THE RECORD OF THE PROCEEDING AND
A COPY OF ORES'S DECISION AND OPINION. ORES'S COPY OF SAID TRANSCRIPT,
DECISION AND OPINION, SHALL BE AVAILABLE AT ALL REASONABLE TIMES TO ALL
PARTIES FOR EXAMINATION WITHOUT COST. UPON RECEIPT OF SUCH PETITION AND
DEMAND ORES SHALL FORTHWITH DELIVER TO THE COURT A COPY OF THE RECORD
AND A COPY OF ORES'S DECISION AND OPINION. THEREUPON, THE COURT SHALL
HAVE JURISDICTION OF THE PROCEEDING AND SHALL HAVE THE POWER TO GRANT
SUCH RELIEF AS IT DEEMS JUST AND PROPER, AND TO MAKE AND ENTER AN ORDER
ENFORCING, MODIFYING AND ENFORCING AS SO MODIFIED, REMANDING FOR FURTHER
SPECIFIC EVIDENCE OR FINDINGS OR SETTING ASIDE IN WHOLE OR IN PART SUCH
DECISION. THE APPEAL SHALL BE HEARD ON THE RECORD, WITHOUT REQUIREMENT
OF REPRODUCTION, AND UPON BRIEFS TO THE COURT. THE FINDINGS OF FACT ON
WHICH SUCH DECISION IS BASED SHALL BE CONCLUSIVE IF SUPPORTED BY
SUBSTANTIAL EVIDENCE ON THE RECORD CONSIDERED AS A WHOLE AND MATTERS OF
JUDICIAL NOTICE SET FORTH IN THE OPINION. THE JURISDICTION OF THE APPEL-
LATE DIVISION OF THE SUPREME COURT SHALL BE EXCLUSIVE AND ITS JUDGMENT
AND ORDER SHALL BE FINAL, SUBJECT TO REVIEW BY THE COURT OF APPEALS IN
THE SAME MANNER AND FORM AND WITH THE SAME EFFECT AS PROVIDED FOR
APPEALS IN A SPECIAL PROCEEDING. ALL SUCH PROCEEDINGS SHALL BE HEARD AND
DETERMINED BY THE APPELLATE DIVISION OF THE SUPREME COURT AND BY THE
COURT OF APPEALS AS EXPEDITIOUSLY AS POSSIBLE AND WITH LAWFUL PRECEDENCE
OVER ALL OTHER MATTERS.
3. THE GROUNDS FOR AND SCOPE OF REVIEW OF THE COURT SHALL BE LIMITED
TO WHETHER THE DECISION AND OPINION OF ORES ARE:
(A) IN CONFORMITY WITH THE CONSTITUTION, LAWS AND REGULATIONS OF THE
STATE AND THE UNITED STATES;
(B) SUPPORTED BY SUBSTANTIAL EVIDENCE IN THE RECORD AND MATTERS OF
JUDICIAL NOTICE PROPERLY CONSIDERED AND APPLIED IN THE OPINION;
(C) WITHIN THE STATUTORY JURISDICTION OR AUTHORITY OF ORES AND THE
DEPARTMENT;
S. 8308--B 49
(D) MADE IN ACCORDANCE WITH PROCEDURES SET FORTH IN THIS SECTION OR
ESTABLISHED BY RULE OR REGULATION PURSUANT TO THIS ARTICLE;
(E) ARBITRARY, CAPRICIOUS OR AN ABUSE OF DISCRETION; OR
(F) MADE PURSUANT TO A PROCESS THAT AFFORDED MEANINGFUL INVOLVEMENT OF
CITIZENS AFFECTED BY THE FACILITY OR PROJECT REGARDLESS OF AGE, RACE,
COLOR, NATIONAL ORIGIN AND INCOME.
4. EXCEPT AS HEREIN PROVIDED ARTICLE SEVENTY-EIGHT OF THE CIVIL PRAC-
TICE LAW AND RULES SHALL APPLY TO APPEALS TAKEN HEREUNDER.
§ 144. FARMLAND PROTECTION WORKING GROUP. 1. THERE IS HEREBY CREATED
IN THE EXECUTIVE DEPARTMENT A FARMLAND PROTECTION WORKING GROUP CONSIST-
ING OF APPROPRIATE STAKEHOLDERS, INCLUDING BUT NOT LIMITED TO:
(A) THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE AND MARKETS;
(B) THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION;
(C) THE EXECUTIVE DIRECTOR OF ORES;
(D) THE CHIEF EXECUTIVE OFFICER OF THE DEPARTMENT OF PUBLIC SERVICE;
(E) THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY;
(F) LOCAL GOVERNMENT OFFICIALS OR REPRESENTATIVES FROM MUNICIPAL
ORGANIZATIONS REPRESENTING TOWNS, VILLAGES, AND COUNTIES; AND
(G) REPRESENTATIVES FROM AT LEAST TWO COUNTY AGRICULTURAL AND FARMLAND
PROTECTION BOARDS.
2. THE WORKING GROUP SHALL, NO LATER THAN ONE YEAR AFTER THE EFFECTIVE
DATE OF THIS SECTION, RECOMMEND STRATEGIES TO ENCOURAGE AND FACILITATE
INPUT FROM MUNICIPALITIES IN THE SITING PROCESS AND TO DEVELOP RECOMMEN-
DATIONS THAT INCLUDE APPROACHES TO RECOGNIZE THE VALUE OF VIABLE AGRI-
CULTURAL LAND AND METHODS TO MINIMIZE ADVERSE IMPACTS TO ANY SUCH LAND
RESULTING FROM THE SITING OF MAJOR RENEWABLE ENERGY FACILITIES.
3. THE WORKING GROUP, ON CALL OF THE COMMISSIONER OF THE DEPARTMENT OF
AGRICULTURE AND MARKETS, SHALL MEET AT LEAST THREE TIMES EACH YEAR AND
AT SUCH OTHER TIMES AS MAY BE NECESSARY.
§ 145. REPORTS OF THE OFFICE. NO LATER THAN ONE YEAR AFTER THE EFFEC-
TIVE DATE OF THIS SECTION AND ANNUALLY THEREAFTER, THE OFFICE SHALL
SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE
SPEAKER OF THE ASSEMBLY, A REPORT ON THE ACTIVITIES OF THE OFFICE. THE
REPORT SHALL, WITHOUT LIMITATION, INCLUDE:
1. THE NUMBER OF APPLICATIONS RECEIVED AND PERMITS APPROVED BY THE
OFFICE FOR EACH TYPE OF MAJOR RENEWABLE ENERGY FACILITY OR MAJOR ELEC-
TRIC TRANSMISSION FACILITY;
2. A DESCRIPTION OF THE PROJECT OF EACH PERMIT GRANTED BY THE OFFICE
FOR THE PRECEDING YEAR INCLUDING SCALE, LOCATION AND CAPACITY;
3. AVERAGE TIME TAKEN TO MAKE A DECISION ON AN APPLICATION;
4. THE NUMBER OF CASES THAT REQUIRE DISPUTE RESOLUTION OR JUDICIAL
REVIEW;
5. THE DIRECTOR'S EVALUATION OF OVERALL PUBLIC NEED FOR MAJOR RENEWA-
BLE GENERATION FACILITIES AND MAJOR ELECTRIC TRANSMISSION FACILITIES;
6. THE POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS OF THE FACILITY ARE
IDENTIFIED AND ADDRESSED BY THE UNIFORM STANDARDS AND CONDITIONS PROMUL-
GATED PURSUANT TO THIS ARTICLE;
7. THE NUMBER AND DESCRIPTION OF PROJECTS WHERE SITE-SPECIFIC PERMIT
CONDITIONS WERE APPLIED TO THE FACILITY OR WHERE OFF-SITE MITIGATION
NEEDED; AND
8. TOTAL FEES COLLECTED BY THE OFFICE AND ANY FEES COLLECTED SPECIF-
ICALLY FOR OFF-SITE MITIGATION.
§ 12. The public service law is amended by adding a new section 174 to
read as follows:
S. 8308--B 50
§ 174. MAJOR STEAM ELECTRIC GENERATING FACILITIES CERTIFICATES. ANY
CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY AND PUBLIC NEED ISSUED TO A
MAJOR STEAM ELECTRIC GENERATING FACILITY UNDER THE FORMER ARTICLE EIGHT
OF THIS CHAPTER SHALL BE TREATED FOR PURPOSES OF COMPLIANCE AND ENFORCE-
MENT AS IF SUCH CERTIFICATE WAS ISSUED UNDER ARTICLE TEN OF THIS CHAP-
TER.
§ 13. Subdivision (B) of section 206 of the eminent domain procedure
law is amended to read as follows:
(B) pursuant to article VII [or article VIII] of the public service
law it obtained a certificate of environmental compatibility and public
need OR PURSUANT TO ARTICLE VIII OF THE PUBLIC SERVICE LAW IT OBTAINED A
SITING PERMIT WITH RESPECT TO A MAJOR ELECTRIC TRANSMISSION FACILITY or;
§ 14. Subparagraph (g) of paragraph 3 of subdivision (B) of section
402 of the eminent domain procedure law is amended to read as follows:
(g) if the property is to be used for the construction of a major
utility transmission facility, as defined in section one hundred twenty
of the public service law[, or major steam electric generating facility
as defined in section one hundred forty of such law] with respect to
which a certificate of environmental compatibility and public need has
been issued under such law, a statement that such certificate relating
to such property has been issued and is in force, OR IF THE PROPERTY IS
TO BE USED FOR THE CONSTRUCTION OF A MAJOR ELECTRIC TRANSMISSION FACIL-
ITY, AS DEFINED UNDER ARTICLE EIGHT OF THE PUBLIC SERVICE LAW, WITH
RESPECT TO WHICH A SITING PERMIT HAS BEEN ISSUED UNDER SUCH LAW, A
STATEMENT THAT SUCH PERMIT RELATING TO SUCH PROPERTY HAS BEEN ISSUED AND
IS IN FORCE.
§ 15. Subdivision 7 of section 6-106 of the energy law, as added by
chapter 433 of the laws of 2009, is amended to read as follows:
7. Any person who participated in the state energy planning proceeding
or any person who sought an amendment of the state energy plan pursuant
to subdivision six of this section, may obtain, pursuant to article
seventy-eight of the civil practice law and rules, judicial review of
the board's decision adopting a plan, or any amendment thereto, or of
the board's decision not to amend such plan pursuant to subdivision six
of this section. Any such special proceeding shall be brought in the
appellate division of the supreme court of the state of New York for the
third judicial department. Such proceeding shall be initiated by the
filing of a petition in such court within thirty days after the issuance
of a decision by the board. The proceeding shall have a lawful prefer-
ence over any other matter, shall be heard on an expedited basis and
shall be completed in all respects, including any subsequent appeal,
within one hundred eighty days of the filing of the petition. Where more
than one such petition is filed, the court may provide for consolidation
of the proceedings. Notwithstanding the provisions of [article] ARTICLES
seven AND EIGHT of the public service law, the procedure set forth in
this section shall constitute the exclusive means for seeking judicial
review of any element of the plan.
§ 16. Paragraph (b) of subdivision 5 of section 8-0111 of the environ-
mental conservation law, as amended by section 1 of part BBB of chapter
55 of the laws of 2021, is amended to read as follows:
(b) Actions subject to the provisions requiring a certificate of envi-
ronmental compatibility and public need in articles seven[,] AND ten
[and the former article eight] of the public service law or requiring a
siting permit under [section ninety-four-c of the executive law] ARTICLE
EIGHT OF THE PUBLIC SERVICE LAW; or
S. 8308--B 51
§ 17. Paragraph (d) of subdivision 2 of section 49-0307 of the envi-
ronmental conservation law, as added by chapter 292 of the laws of 1984,
is amended to read as follows:
(d) where land subject to a conservation easement or an interest in
such land is required for a major utility transmission facility which
has received a certificate of environmental compatibility and public
need pursuant to article seven of the public service law [or is required
for a major steam electric generating facility which has received a
certificate of environmental compatibility and public need pursuant to
article eight of the public service law] OR A MAJOR ELECTRIC TRANS-
MISSION FACILITY WHICH HAS RECEIVED A SITING PERMIT PURSUANT TO ARTICLE
EIGHT OF THE PUBLIC SERVICE LAW, upon the filing of such certificate OR
PERMIT in a manner prescribed for recording a conveyance of real proper-
ty pursuant to section two hundred ninety-one of the real property law
or any other applicable provision of law.
§ 18. Paragraph (e) of subdivision 3 of section 49-0307 of the envi-
ronmental conservation law, as amended by chapter 388 of the laws of
2011, is amended to read as follows:
(e) where land subject to a conservation easement or an interest in
such land is required for a major utility transmission facility which
has received a certificate of environmental compatibility and public
need pursuant to article seven of the public service law [or is required
for a major steam electric generating facility which has received a
certificate of environmental compatibility and public need pursuant to
the former article eight of the public service law], A MAJOR ELECTRIC
TRANSMISSION FACILITY WHICH HAS RECEIVED A SITING PERMIT PURSUANT TO
ARTICLE EIGHT OF THE PUBLIC SERVICE LAW, or a major electric generating
facility or repowering project which has received a certificate of envi-
ronmental compatibility and public need pursuant to article ten of the
public service law, upon the filing of such certificate OR PERMIT in a
manner prescribed for recording a conveyance of real property pursuant
to section two hundred ninety-one of the real property law or any other
applicable provision of law, provided that such certificate OR PERMIT
contains a finding that the public interest in the conservation and
protection of the natural resources, open spaces and scenic beauty of
the Adirondack or Catskill parks has been considered.
§ 19. Paragraph (p) of subdivision 27-a of section 1005 of the public
authorities law, as added by section 1 of part QQ of chapter 56 of the
laws of 2023, is amended to read as follows:
(p) Nothing in this subdivision or subdivision twenty-seven-b of this
section, shall be construed as exempting the authority, its subsid-
iaries, or any renewable energy generating projects undertaken pursuant
to this section from the requirements of [section ninety-four-c of the
executive law] ARTICLE EIGHT OF THE PUBLIC SERVICE LAW respecting any
renewable energy system developed by the authority or an authority
subsidiary after the effective date of this subdivision that meets the
definition of "major renewable energy facility" as defined in [section
ninety-four-c of the executive law and section eight of part JJJ of
chapter fifty-eight of the laws of two thousand twenty] ARTICLE EIGHT OF
THE PUBLIC SERVICE LAW, as it relates to host community benefits, and
section 11-0535-c of the environmental conservation law as it relates to
an endangered and threatened species mitigation bank fund.
§ 20. Section 1014 of the public authorities law, as amended by chap-
ter 388 of the laws of 2011, is amended to read as follows:
§ 1014. Public service law not applicable to authority; inconsistent
provisions in other acts superseded. The rates, services and practices
S. 8308--B 52
relating to the generation, transmission, distribution and sale by the
authority, of power to be generated from the projects authorized by this
title shall not be subject to the provisions of the public service law
nor to regulation by, nor the jurisdiction of the department of public
service. Except to the extent article seven of the public service law
applies to the siting and operation of a major utility transmission
facility as defined therein, ARTICLE EIGHT OF THE PUBLIC SERVICE LAW
APPLIES TO THE SITING AND OPERATION OF A MAJOR ELECTRIC TRANSMISSION
FACILITY AS DEFINED THEREIN, and article ten of the public service law
applies to the siting of a major electric generating facility as defined
therein, and except to the extent section eighteen-a of the public
service law provides for assessment of the authority for certain costs
relating thereto, the provisions of the public service law and of the
environmental conservation law and every other law relating to the
department of public service or the public service commission or to the
environmental conservation department or to the functions, powers or
duties assigned to the division of water power and control by chapter
six hundred nineteen of the laws of nineteen hundred twenty-six, shall
so far as is necessary to make this title effective in accordance with
its terms and purposes be deemed to be superseded, and wherever any
provision of law shall be found in conflict with the provisions of this
title or inconsistent with the purposes thereof, it shall be deemed to
be superseded, modified or repealed as the case may require.
§ 21. Subdivision 1 of section 1020-s of the public authorities law,
as amended by chapter 681 of the laws of 2021, is amended to read as
follows:
1. The rates, services and practices relating to the electricity
generated by facilities owned or operated by the authority shall not be
subject to the provisions of the public service law or to regulation by,
or the jurisdiction of, the public service commission, except to the
extent (a) article seven of the public service law applies to the siting
and operation of a major utility transmission facility as defined there-
in, (b) ARTICLE EIGHT OF THE PUBLIC SERVICE LAW APPLIES TO THE SITING
AND OPERATION OF A MAJOR ELECTRIC TRANSMISSION FACILITY AS DEFINED THER-
EIN, (C) article ten of such law applies to the siting of a generating
facility as defined therein, [(c)] (D) section eighteen-a of such law
provides for assessment for certain costs, property or operations, [(d)]
(E) to the extent that the department of public service reviews and
makes recommendations with respect to the operations and provision of
services of, and rates and budgets established by, the authority pursu-
ant to section three-b of such law, [(e)] (F) that section seventy-four
of the public service law applies to qualified energy storage systems
within the authority's jurisdiction, and [(f)] (G) that section seven-
ty-four-b of the public service law applies to Long Island community
choice aggregation programs.
§ 22. Paragraph (b) of subdivision 1 of section 1020-ii of the public
authorities law, as amended by chapter 201 of the laws of 2019, is
amended to read as follows:
(b) "utility transmission facility" means any electric transmission
line operating at sixty-five kilovolts or higher in the service area,
including associated equipment. It shall not include any transmission
line which is an in-kind replacement or which is located wholly under-
ground. This section also shall not apply to any major [utility] ELEC-
TRIC transmission facility subject to the jurisdiction of article seven
of the public service law; and
S. 8308--B 53
§ 23. Paragraph c of subdivision 8 of section 1020-c of the public
authorities law, as amended by chapter 388 of the laws of 2011, is
amended to read as follows:
c. Article [seven] EIGHT of the public service law shall apply to the
authority's siting and operation of a major ELECTRIC transmission facil-
ity as therein defined and article ten of the public service law shall
apply to the authority's siting and operation of a major electric gener-
ating facility as therein defined.
§ 24. Subdivision 4 of section 18-a of the public service law, as
amended by chapter 447 of the laws of 1972, is amended to read as
follows:
4. In the case of the power authority of the state of New York, the
[chairman] CHAIRPERSON of the department shall ascertain from time to
time, but not less than once in each fiscal year, all direct and indi-
rect costs of investigating requests by the power authority of the state
of New York to establish new, major [utility] ELECTRIC transmission
facilities [as defined in article seven of this chapter] AND MAJOR
RENEWABLE ENERGY FACILITIES or to establish new, major [steam] electric
generating facilities [as defined in article eight of this chapter]. The
[chairman] CHAIRPERSON shall for each such investigation assess such
costs against the power authority of the state of New York. Bills for
such an investigation may be rendered from time to time, but not less
than once in each fiscal year, and the amount of such bills shall be
paid by the power authority of the state of New York to the department
within thirty days from the date of rendition.
§ 25. Subdivision 2 of section 160 of the public service law, as added
by chapter 388 of the laws of 2011, is amended to read as follows:
2. "Major electric generating facility" means an electric generating
facility with a nameplate generating capacity of twenty-five thousand
kilowatts or more, including interconnection electric transmission lines
THAT ARE NOT SUBJECT TO REVIEW UNDER ARTICLE EIGHT OF THIS CHAPTER and
fuel gas transmission lines that are not subject to review under article
seven of this chapter.
§ 26. Paragraph (e) of subdivision 4 of section 162 of the public
service law, as added by section 3 of part JJJ of chapter 58 of the laws
of 2020, is amended to read as follows:
(e) To a major renewable energy facility as such term is defined in
[section ninety-four-c of the executive law] SECTION EIGHT OF THIS CHAP-
TER; provided, however, that any person intending to construct a major
renewable energy facility, that has a draft pre-application public
involvement program plan pursuant to section one hundred sixty-three of
this article and the regulations implementing this article, which is
pending with the siting board as of the effective date of this paragraph
may remain subject to the provisions of this article or, may, by written
notice to the secretary of the commission, elect to become subject to
the provisions of [section ninety-four-c of the executive law] ARTICLE
EIGHT OF THIS CHAPTER.
§ 27. Subdivision 3 of section 11-103 of the energy law, as amended by
chapter 374 of the laws of 2022, is amended to read as follows:
3. Notwithstanding any other provision of law, the state fire
prevention and building code council in accordance with the mandate
under this article shall have exclusive authority among state agencies
to promulgate a construction code incorporating energy conservation
features and clean energy features applicable to the construction of any
building, including but not limited to greenhouse gas reduction. Any
other code, rule or regulation heretofore promulgated or enacted by any
S. 8308--B 54
other state agency, incorporating specific energy conservation and clean
energy requirements applicable to the construction of any building,
shall be superseded by the code promulgated pursuant to this section.
Notwithstanding the foregoing, nothing in this section shall be deemed
to expand the powers of the council to include matters that are exclu-
sively within the statutory jurisdiction of the public service commis-
sion, the department of environmental conservation, [the office of
renewable energy siting] or another state entity.
§ 28. Paragraph (d) of subdivision 27-a of section 1005 of the public
authorities law, as added by section 1 of part QQ of chapter 56 of the
laws of 2023, is amended to read as follows:
(d) No later than one hundred eighty days after the effective date of
this subdivision, and annually thereafter, the authority shall confer
with the New York state energy research and development authority, [the
office of renewable energy siting,] the department of public service,
climate and resiliency experts, labor organizations, and environmental
justice and community organizations concerning the state's progress on
meeting the renewable energy goals established by the climate leadership
and community protection act. When exercising the authority provided for
in paragraph (a) of this subdivision, the information developed through
such conferral shall be used to identify projects to help ensure that
the state meets its goals under the climate leadership and community
protection act. Any conferral provided for in this paragraph shall
include consideration of the timing of projects in the interconnection
queue of the federally designated electric bulk system operator for New
York state, taking into account both capacity factors or planned
projects and the interconnection queue's historical completion rate. A
report on the information developed through such conferral shall be
published and made accessible on the website of the authority.
§ 29. Subparagraph (i) of paragraph (e) of subdivision 27-a of section
1005 of the public authorities law, as added by section 1 of part QQ of
chapter 56 of the laws of 2023, is amended to read as follows:
(i) Beginning in two thousand twenty-five, and biennially thereafter
until two thousand thirty-three, the authority, in consultation with the
New York state energy research and development authority, [the office of
renewable energy siting,] the department of public service, and the
federally designated electric bulk system operator for New York state,
shall develop and publish biennially a renewable energy generation stra-
tegic plan ("strategic plan") that identifies the renewable energy
generating priorities based on the provisions of paragraph (a) of this
subdivision for the two-year period covered by the plan as further
provided for in this paragraph.
§ 30. Subdivision l of section 7208 of the education law, as amended
by section 15 of part A of chapter 173 of the laws of 2013, is amended
to read as follows:
l. The practice of engineering or land surveying, or using the title
"engineer" or "surveyor" (i) exclusively as an officer or employee of a
public service corporation by rendering to such corporation such
services in connection with its lines and property which are subject to
supervision with respect to the safety and security thereof by the
public service commission of this state, the interstate commerce commis-
sion or other federal regulatory body and so long as such person is thus
actually and exclusively employed and no longer[, or]; (ii) exclusively
as an officer or employee of the Long Island power authority or its
service provider, as defined under section three-b of the public service
law, by rendering to such authority or provider such services in
S. 8308--B 55
connection with its lines and property which are located in such author-
ity's service area and so long as such person is thus actually and
exclusively employed and no longer; OR (III) EXCLUSIVELY AS AN OFFICER
OR EMPLOYEE OF THE DEPARTMENT OF PUBLIC SERVICE BY RENDERING TO SUCH
DEPARTMENT SUCH SERVICES IN CONNECTION WITH REVIEWING THE DESIGN,
CONSTRUCTION AND OPERATION OF UTILITY INFRASTRUCTURE AND SO LONG AS SUCH
PERSON IS THUS ACTUALLY AND EXCLUSIVELY EMPLOYED AND NO LONGER;
§ 31. The public service commission shall commence a proceeding within
ninety days of the effective date of this act to consider metrics
related to the timely interconnection of distributed generation
resources into the distribution system owned by an electric corporation,
as well as negative revenue adjustments related to such metrics.
§ 32. Section 3 of the public service law, as amended by section 1 of
part A of chapter 173 of the laws of 2013, is amended to read as
follows:
§ 3. Department of public service. There shall be in the state govern-
ment a department of public service. The chairman of the public service
commission shall be the chief executive officer of the department. [He
or she] THE CHAIRMAN OF THE PUBLIC SERVICE COMMISSION shall appoint and
shall have the power to remove, subject to the provisions of the civil
service law, all officers, clerks, inspectors, experts and employees of
the department, and to approve all contracts for special service,
PROVIDED THAT THE EXECUTIVE DIRECTOR OF THE OFFICE OF RENEWABLE ENERGY
SITING AND ELECTRIC TRANSMISSION SHALL BE APPOINTED BY AND WITH THE
ADVICE AND CONSENT OF THE SENATE. The chairman shall designate one of
the commissioners in the department or an officer of the department to
act as deputy chairman during the absence or disability of the chairman
and during such times such deputy chairman shall possess all the powers
of the chairman as chief executive officer of the department.
§ 33. This act shall take effect immediately; provided that the amend-
ments to paragraph (e) of subdivision 4 of section 162 of the public
service law made by section twenty-six of this act shall not affect the
repeal of such paragraph and shall be deemed repealed therewith.
PART P
Section 1. Short title. This act shall be known and may be cited as
the "NY Home Energy Affordable Transition Act".
§ 2. Legislative findings. The legislature finds and declares that:
1. The Climate Leadership and Community Protection Act (the "CLCPA")
created legal mandates for dramatic greenhouse gas emission reductions
from all sectors of New York's economy. The CLCPA also emphasizes equity
in addressing climate change by requiring all state agencies and author-
ities to prioritize reductions of greenhouse gas emissions and co-pollu-
tants in disadvantaged communities and by mandating that certain state
investments deliver benefits to these communities.
2. Buildings are New York's largest source of greenhouse gas emis-
sions, accounting for approximately one-third of the greenhouse gas
emissions in our state. New York state's buildings also produce more
local air pollution than any other state in the country, resulting in
negative health outcomes such as increased rates of asthma, particularly
among children, and heart disease. Therefore, reducing greenhouse gas
emissions and toxic air pollution emitted from New York's buildings,
especially in disadvantaged communities, is necessary to meet the CLCPA
mandates.
S. 8308--B 56
3. To meet the state's bold climate and equity mandates, New York will
need to update how it regulates gas utility service. Doing so will
enable strategic planning and investments in neighborhood-scale building
decarbonization and help bring the statewide gas distribution system
into alignment with the two thousand thirty and two thousand fifty
greenhouse gas emission reduction mandates in the CLCPA through an
orderly and equitable process, coordinated with appropriate investments
in the electric system to ensure all New Yorkers have non-discriminato-
ry, affordable access to the energy needed for heating, cooling, and
powering the buildings in which they live and work.
4. The New York public service law not only contains barriers to
neighborhood-scale building decarbonization solutions such as thermal
energy networks, but also works at cross purposes with the state's
climate and affordability goals, by requiring and subsidizing the
continued expansion of natural gas infrastructure.
a. The gas utility obligation to serve codified in the public service
law is a major obstacle to utilities developing neighborhood-scale
building decarbonization projects that would facilitate bringing the gas
system into alignment with the two thousand thirty and two thousand
fifty greenhouse gas emission reduction mandates in the CLCPA in a
manner that can mitigate costs for all utility customers, reduces green-
house gas emissions and co-pollutants impacting local air quality, and
provides a transition for impacted workers.
b. Statutorily mandated utility system extension allowances require
existing ratepayers to subsidize gas infrastructure hookups for new
customers. According to a recent joint filing with the Public Service
Commission by the New York state gas utilities, these required allow-
ances cost gas utilities hundreds of millions of dollars per year.
These costs are passed directly to existing gas customers.
c. Gas utilities in New York are on track to collectively spend $150
billion to replace thousands of miles of leak prone pipe in the coming
years. These investments pose a risk of becoming stranded assets, with
$77 billion of the total cost coming due after 2050, but can be avoided
in many cases by strategically investing in neighborhood-scale decarbon-
ization projects.
5. New Yorkers are suffering from dramatic fossil fuel price spikes
driven by the increasingly integrated global commodity market, subject
to the whims of foreign dictators such as Russia's Vladimir Putin or
Saudi Arabia's Prince Mohammed bin Salman. Fossil fuel prices have
spiked to historic high levels, making both electricity and gas utility
service unaffordable for many New Yorkers. Decarbonizing buildings
through the strategic development of neighborhood-scale building decar-
bonization projects, along with investing in energy efficiency and
renewable electricity, will save New Yorkers money now and in the
future, protect against price volatility, and promote true energy inde-
pendence for New York state.
6. Fossil fuel price spikes are exacerbating the affordability impacts
of the COVID-19 Pandemic. Over a million households in New York now
struggle to pay their utility bills. The Public Service Commission has
declared, but not yet achieved, a goal that customers should not pay
more than 6% of their income for utility energy services, a number based
on a nationally accepted standard.
7. Thus, it is the intent of the legislature to enact the NY Home
Energy Affordable Transition Act for the following purposes:
a. to ensure that the public service law regarding regulation and
oversight of gas utilities will provide for the timely and strategic
S. 8308--B 57
decarbonization and right-sizing of the gas distribution system in a
just and affordable manner as required to meet the climate justice and
emission reduction mandates of the CLCPA, appropriately balancing rate-
payers' needs and interests with the maintenance of financially sound
utilities, prioritizing low-to-moderate income customers and disadvan-
taged communities, and encouraging neighborhood-scale transitions;
b. to provide the Public Service Commission with the statutory author-
ity and direction to align utility regulations and planning with the
CLCPA climate justice and emission reduction mandates and to require the
Public Service Commission to take a proactive role in the timely iden-
tification and amendment of such regulations or rulings as may pose an
impediment to achieving CLCPA mandates, and to identify any laws that
may pose an impediment;
c. to maintain the affordability of services for all utility custom-
ers, create good paying, family sustaining jobs, and facilitate achieve-
ment of the CLCPA climate justice and emission reduction mandates by
enabling gas utilities to minimize the need for new investments in gas
infrastructure;
d. to facilitate a well-planned and strategic downsizing of the gas
system by redirecting ratepayer funds that would have been spent on
costly new investments to maintain or expand the gas system to instead
fund job-creating neighborhood-scale decarbonization projects that
provide alternative clean energy solutions for efficient heating, cool-
ing, cooking, hot water, and other uses that effectively transition
customers away from dependence on fuels with greenhouse gas emissions
and equipment that produces on-site co-pollutant emissions;
e. to end statutorily mandated, ratepayer-subsidized incentives for
the expansion of fossil fuel infrastructure while maintaining the equi-
table provision of electric service for efficient heating, cooling,
cooking, hot water, and other uses;
f. to provide affordable access to electricity for heating and cooling
and to protect low-income and moderate-income customers from undue
burdens as they decarbonize their buildings; and
g. to clarify that municipal building codes regulating on-site emis-
sions are not preempted under New York state law.
8. Transitioning gas customers to alternative heating and cooling
services is likely to be most cost-effective from the perspective of
individual customers and New York state as a whole if undertaken as part
of a neighborhood-scale project. Such projects would help minimize
stranded costs in gas system infrastructure and support coordinated
investments on the part of customers, utilities, and others, potentially
including but not limited to electrification make-ready measures, equip-
ment located on the premises of customers, and thermal energy networks.
9. This legislation does not establish a ban on the use of gas. It is
neither the intent nor would it be the effect of this legislation to
require the immediate transition of existing gas customers to alterna-
tive heating and cooling services.
§ 3. Subdivision 1 of section 4 of the public service law, as amended
by chapter 594 of the laws of 2021, is amended to read as follows:
1. There shall be in the department of public service a public service
commission, which shall possess the powers and duties hereinafter speci-
fied, and also all powers necessary or proper to enable it to carry out
the purposes of this chapter AND TO ENABLE ACHIEVEMENT OF THE CLIMATE
JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF
THE LAWS OF TWO THOUSAND NINETEEN, AND SUCH SUCCESSORS IN LAW AND FUNC-
TION AS MAY ARISE FROM TIME TO TIME. The commission shall consist of
S. 8308--B 58
five members, to be appointed by the governor, by and with the advice
and consent of the senate. A commissioner shall be designated as [chair-
man] CHAIRPERSON of the commission by the governor to serve in such
capacity at the pleasure of the governor or until [his] THEIR term as
commissioner expires whichever first occurs. At least one commissioner
shall have experience in utility consumer advocacy. No more than three
commissioners may be members of the same political party unless, pursu-
ant to action taken under subdivision two of this section, the number of
commissioners shall exceed five, and in such event no more than four
commissioners may be members of the same political party.
§ 4. Subdivisions 1 and 2 of section 5 of the public service law,
subdivision 1 as amended and subdivision 2 as added by chapter 155 of
the laws of 1970, paragraph i of subdivision 1 as added by chapter 375
of the laws of 2022, are amended to read as follows:
1. The jurisdiction, supervision, powers and duties of the public
service commission shall extend under this chapter:
[b.] A. To the manufacture, conveying, transportation, sale or
distribution of gas (natural or manufactured or mixture of both) and
electricity for light, heat, COOLING, or power, to gas plants and to
electric plants and to the persons or corporations owning, leasing or
operating the same.
[c.] B. To the manufacture, holding, distribution, transmission, sale
or furnishing of steam for heat or power, to steam plants and to the
persons or corporations owning, leasing or operating the same.
[d.] C. To every telephone line which lies wholly within the state and
that part within the state of New York of every telephone line which
lies partly within and partly without the state and to the persons or
corporations owning, leasing or operating any such telephone line.
[e.] D. To every telegraph line which lies wholly within the state and
that part within the state of New York of every telegraph line which
lies partly within and partly without the state and to the persons or
corporations owning, leasing or operating any such telegraph line.
[f.] E. To the furnishing or distribution of water for domestic,
commercial or public uses and to water systems and to the persons or
corporations owning, leasing or operating the same.
[g.] F. To every stock yard within the state and to the stock yard
company owning, leasing or operating the same, to the same extent and in
respect to the same objects and purposes as such jurisdiction extends,
under this chapter, to depots, freight houses and shipping stations of a
common carrier, including the duty of such stock yard company to submit
reports and be subjected to investigation as if it were a common carri-
er, and the powers and duties of such commission to fix charges and make
and enforce orders relating to adequate service by such company.
[h.] G. A corporation or person owning or holding a majority of the
stock of a common carrier, gas corporation or electrical corporation
subject to the jurisdiction of the public service commission shall be
subject to the supervision of the public service commission in respect
of the relations between such common carrier, gas corporation or elec-
trical corporation and such owners or holders of a majority of the stock
thereof in so far as such relations arise from or by reason of such
ownership or holding of stock thereof or the receipt or holding of any
money or property thereof or from or by reason of any contract between
them; and in respect of such relations shall in like manner and to the
same extent as such common carrier, gas corporation or electrical corpo-
ration be subject to examination of accounts, records and memoranda, and
shall furnish such reports and information as the public service commis-
S. 8308--B 59
sion shall from time to time direct and require, and shall be subject to
like penalties for default therein.
[i.] H. To thermal energy provided by gas corporations, electric
corporations, or combination gas and electric corporations.
2. The commission shall encourage all persons and corporations subject
to its jurisdiction to formulate and carry out long-range programs,
individually or cooperatively, for the performance of their public
service responsibilities, INCLUDING THE ACHIEVEMENT OF THE CLIMATE
JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF
THE LAWS OF TWO THOUSAND NINETEEN, AND SUCH SUCCESSORS IN LAW AND FUNC-
TION AS MAY ARISE FROM TIME TO TIME, with economy, efficiency, and care
for the public safety, the preservation of environmental values and the
conservation of natural resources.
§ 5. Section 30 of the public service law, as amended by chapter 686
of the laws of 2002, is amended to read as follows:
§ 30. Residential gas, electric and steam service policy. 1. This
article shall apply to the provision of all or any part of the gas,
electric or steam service provided to any residential customer by any
gas, electric or steam and municipalities corporation or municipality.
It is hereby declared to be the policy of this state that the continued
provision of [all or any part of such gas,] electric and steam [service]
SERVICES to all residential customers without unreasonable qualifica-
tions or lengthy delays is necessary for the preservation of the health
and general welfare, IS CONSISTENT WITH THE ACHIEVEMENT OF THE STATE'S
CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES, and is in the public
interest. IT IS FURTHER THE POLICY OF THIS STATE THAT ELECTRIC AND
STEAM SERVICES TO ALL RESIDENTIAL CUSTOMERS, AND GAS SERVICE FOR EXIST-
ING RESIDENTIAL CUSTOMERS MUST BE PROVIDED IN A MANNER THAT IS SAFE AND
ADEQUATE, NOT UNJUSTLY DISCRIMINATORY OR UNDULY PREFERENTIAL, AND IN ALL
RESPECTS JUST AND REASONABLE, WHILE PROVIDING FOR AN ORDERLY RIGHT-SIZ-
ING OF THE GAS DISTRIBUTION SYSTEM TO ACHIEVE CONSISTENCY WITH THE
CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED
SIX OF THE LAWS OF TWO THOUSAND NINETEEN, AND SUCH SUCCESSORS IN LAW AND
FUNCTION AS MAY ARISE FROM TIME TO TIME, ENCOURAGING NEIGHBORHOOD-SCALE
TRANSITIONS AND THE ELIMINATION OF ON-SITE CO-POLLUTANTS.
2. THE COMMISSION SHALL REGULATE FOR THE CONTINUED PROVISION OF GAS
SERVICE TO ALL EXISTING RESIDENTIAL CUSTOMERS WHO CHOOSE TO CONTINUE
SUCH SERVICE, UNLESS SUCH SERVICE IS DISCONTINUED PURSUANT TO A PROGRAM
APPROVED BY THE COMMISSION. SUCH PROGRAMS SHALL ENSURE THAT ANY TRANSI-
TIONING CUSTOMER HAS ACCESS TO:
(A) SAFE AND RELIABLE SUBSTITUTES FOR HEATING, COOLING, COOKING, AND
WATER-HEATING PRIOR TO A CESSATION OF GAS SERVICE; AND
(B) NECESSARY AND APPROPRIATE FINANCIAL AND TECHNICAL SUPPORT, INCLUD-
ING FOR THE PURCHASE AND INSTALLATION OF CUSTOMER-OWNED EQUIPMENT.
3. (A) IT SHALL BE A GOAL OF THE COMMISSION THAT ALL RESIDENTIAL
CUSTOMERS BE ADEQUATELY PROTECTED FROM BEARING AN ENERGY BURDEN GREATER
THAN SIX PERCENT OF THEIR HOUSEHOLD INCOME, PRIORITIZING LOW-TO-MODERATE
INCOME CUSTOMERS, INCLUDING THOSE WHO ARE ALREADY ELIGIBLE FOR THE
COMMISSION'S ENERGY AFFORDABILITY PROGRAM. THE COMMISSION MAY AUTHORIZE
THE USE OF REASONABLE PER-CUSTOMER CAPS ON THE AMOUNT OF ENERGY SUBJECT
TO THE AFFORDABILITY PROTECTIONS OF THIS SUBDIVISION. THE COMMISSION MAY
ALSO ESTABLISH A REASONABLE CAP ON COLLECTIONS FROM RATEPAYERS TO FUND
THE COMMISSION'S ENERGY AFFORDABILITY PROGRAM OR SIMILAR SUCCESSOR
PROGRAMS PROVIDED SUCH CAP IS NOT LESS THAN 3 PERCENT OF TOTAL ELECTRIC
OR GAS REVENUES FOR SALES TO END-USE CUSTOMERS FOR EACH UTILITY.
S. 8308--B 60
(B) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE
COMMISSION SHALL DEVELOP A PLAN TO IMPLEMENT THE GOAL UNDER PARAGRAPH
(A) OF THIS SUBDIVISION. IN DEVELOPING SUCH PLAN, THE COMMISSION SHALL
EVALUATE AVAILABLE TOOLS, INCLUDING BUT NOT LIMITED TO BILL DISCOUNTS,
BILL CREDITS, REDIRECTION OF AVOIDED COSTS OF UTILITY INFRASTRUCTURE,
RATE MAKING STRATEGIES, ENERGY EFFICIENCY, DISTRIBUTED RENEWABLE ENERGY,
AND POTENTIAL BUDGETARY MEASURES, PRIORITIZING MITIGATION OF RATE
INCREASES ON RESIDENTIAL CUSTOMERS. BEGINNING IN THE CALENDAR YEAR
FOLLOWING THE EFFECTIVE DATE OF THIS SUBDIVISION, AND CONTINUING ANNUAL-
LY ON OR BEFORE OCTOBER FIRST, THE COMMISSION SHALL REPORT TO THE GOVER-
NOR AND LEGISLATURE ON THE ACTIONS IT HAS TAKEN, INCLUDING THE PLAN
DEVELOPED PURSUANT TO THIS PARAGRAPH, AND THE PROGRESS THAT HAS BEEN
MADE TOWARD ACHIEVING THE GOAL LAID OUT IN PARAGRAPH (A) OF THIS SUBDI-
VISION. SUCH REPORT SHALL INCLUDE BUT NOT BE LIMITED TO RECOMMENDATIONS
REGARDING ANY ADDITIONAL LEGISLATIVE OR BUDGETARY MEASURES NECESSARY TO
ACHIEVE SUCH GOAL. THE ANNUAL REPORT SHALL ALSO BE PUBLISHED ON THE
COMMISSION'S WEBSITE.
4. FOR THE PURPOSES OF THIS SECTION, THE TERM "LOW-TO-MODERATE INCOME
CUSTOMERS" SHALL MEAN HOUSEHOLDS WITH ANNUAL INCOMES AT OR BELOW EIGHTY
PERCENT OF THE STATE MEDIAN INCOME.
§ 6. Subdivision 1 of section 1020-cc of the public authorities law,
as amended by section 11 of part A of chapter 173 of the laws of 2013,
is amended to read as follows:
1. All contracts of the authority shall be subject to the provisions
of the state finance law relating to contracts made by the state. The
authority shall also establish rules and regulations with respect to
providing to its residential gas, electric and steam utility customers
those rights and protections provided in article two and sections one
hundred seventeen and one hundred eighteen of the public service law and
section one hundred thirty-one-s of the social services law. IT SHALL
BE A GOAL OF THE AUTHORITY THAT ALL RESIDENTIAL CUSTOMERS BE ADEQUATELY
PROTECTED FROM BEARING AN ENERGY BURDEN GREATER THAN SIX PERCENT OF
THEIR HOUSEHOLD INCOME PURSUANT TO SUBDIVISION THREE OF SECTION THIRTY
OF THE PUBLIC SERVICE LAW. The authority shall conform to any safety
standards regarding manual lockable disconnect switches for solar elec-
tric generating equipment established by the public service commission
pursuant to subparagraph (ii) of paragraph (a) of subdivision five and
subparagraph (ii) of paragraph (a) of subdivision five-a of section
sixty-six-j of the public service law. The authority shall let contracts
for construction or purchase of supplies, materials, or equipment pursu-
ant to section one hundred three and paragraph (e) of subdivision four
of section one hundred twenty-w of the general municipal law.
§ 7. Subdivisions 1, 3 and 4 of section 31 of the public service law,
as added by chapter 713 of the laws of 1981, are amended to read as
follows:
1. Every gas corporation, electric corporation or municipality shall
provide residential service upon the oral or written request of an
applicant, provided that ANY RESIDENTIAL GAS SERVICE SHALL ONLY BE
PROVIDED IN ACCORDANCE WITH SECTION THIRTY OF THIS ARTICLE AND IS
SUBJECT TO ANY ORDERS OR REGULATIONS LIMITING OR DISCONTINUING GAS
SERVICE THAT ARE IMPLEMENTED BY THE COMMISSION TO FACILITATE THE
ACHIEVEMENT OF CONSISTENCY WITH THE CLIMATE JUSTICE AND EMISSION
REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOU-
SAND NINETEEN, AND SUCH SUCCESSORS IN LAW AND FUNCTION AS MAY ARISE FROM
TIME TO TIME, AND PROVIDED FURTHER THAT the commission may require that
requests for service be in writing under circumstances as it deems
S. 8308--B 61
necessary and proper as set forth by regulation, and provided further
that the applicant:
(a) makes full payment for residential utility service provided to a
prior account in [his] THE APPLICANT'S name; or
(b) agrees to make payments under a deferred payment plan of any
amounts due for service to a prior account in [his] THE APPLICANT'S name
and makes a down payment based on criteria to be established by the
commission. No such down payment shall exceed one-half of any money due
from an applicant for residential utility service, or three months aver-
age billing, whichever is less; or
(c) is a recipient of public assistance, supplemental security income
or additional state payments pursuant to the social services law, or is
an applicant for such assistance, income or payments, and the utility
corporation or the municipality receives payment from, or is notified of
the applicant's eligibility for utility payments by the social services
official of the social services district in which such person resides
for amounts due for service to a prior account in the applicant's name,
together with guarantee of future payments to the extent authorized by
the social services law; AND
(D) RECEIVES CLEAR, TIMELY INFORMATION FROM THE GAS CORPORATION, ELEC-
TRIC CORPORATION, MUNICIPALITY, OR RETAIL ENERGY SERVICE COMPANY, WRIT-
TEN IN PLAIN LANGUAGE, AVAILABLE IN THE TOP TWELVE MOST COMMON NON-ENGL-
ISH LANGUAGES SPOKEN BY LIMITED ENGLISH PROFICIENT NEW YORKERS, AND
APPROVED BY THE COMMISSION AFTER STAKEHOLDER INPUT, ON INCENTIVES AND
OPPORTUNITIES FOR INSTALLING, ENERGY-EFFICIENT ELECTRIC HEATING AND
COOLING TECHNOLOGIES, WEATHERIZATION, DEMAND-SIDE MANAGEMENT, AND
DISTRIBUTED ENERGY RESOURCE PROGRAMS.
(E) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT EXIST-
ING GAS CUSTOMERS, IN ACCORDANCE WITH SECTION THIRTY OF THIS ARTICLE AND
SUBJECT TO ANY OTHER REGULATIONS IMPLEMENTED BY THE COMMISSION, FROM
RECONNECTING TO THE GAS DISTRIBUTION SYSTEM FOLLOWING A GAS INTERRUPTION
DUE TO EMERGENCY REPAIRS OR REMEDIATION OF LEAKING EQUIPMENT.
3. Subject to the requirements of subdivisions four and five of this
section, AND IN ACCORDANCE WITH SECTION THIRTY OF THIS ARTICLE, whenever
a residential customer moves to a new residence within the service
territory of the same utility corporation or municipality, [he] THE
APPLICANT shall be eligible to receive service at the new residence and
such service shall be considered a continuation of service [in all
respects] AS OPERATIONALLY FEASIBLE BASED ON INFRASTRUCTURE AND COMMOD-
ITY AVAILABILITY AT THE SITE OF THE NEW RESIDENCE, with any deferred
payment agreement honored, and with all rights of such customer and such
utility corporation provided by this article unimpaired.
4. In the case of any application for service to a building which is
not supplied with electricity or gas, a utility corporation or munici-
pality shall be obligated to provide ELECTRIC service to such a build-
ing, AND TO PROVIDE GAS SERVICE FOR SUCH A BUILDING IN ACCORDANCE WITH
COMMISSION REGULATION, provided however, that the commission may require
applicants for service to buildings [located in excess of one hundred
feet from gas or electric transmission lines] to pay or agree in writing
to pay material and installation costs relating to the applicant's
proportion of the pipe, conduit, duct or wire, or other facilities to be
installed.
§ 8. Section 12 of the transportation corporations law, as separately
amended by chapters 713 and 895 of the laws of 1981, is amended to read
as follows:
S. 8308--B 62
§ 12. Gas and electricity must be supplied on application IN ACCORD-
ANCE WITH COMMISSION RULES AND REGULATIONS. Except in the case of an
application for residential utility service pursuant to article two of
the public service law, upon written application of the owner or occu-
pant of any building [within one hundred feet of any main of a gas
corporation or gas and electric corporation, or a line of an electric
corporation or gas and electric corporation, appropriate to the service
requested,] and payment by [him] THE APPLICANT of all money due from
[him] THE APPLICANT to the corporation, it shall supply [gas or] elec-
tricity as may be required for [lighting] such building AND IT MAY
PROVIDE GAS FOR SUCH BUILDING IN ACCORDANCE WITH COMMISSION REGULATION,
notwithstanding there be rent or compensation in arrears for gas or
electricity supplied, or for meter, wire, pipe or fittings furnished, to
a former occupant thereof, unless such owner or occupant shall have
undertaken or agreed with the former occupant to pay or to exonerate
[him] SUCH APPLICANT from the payment of such arrears, and shall refuse
or neglect to pay the same; and if for the space of ten days after such
application, and the deposit of a reasonable sum as provided in the next
section, if required, the corporation shall refuse or neglect to supply
gas or [electric light] ELECTRICITY as required, such corporation shall
forfeit and pay to the applicant the sum of ten dollars, and the further
sum of five dollars for every day thereafter during which such refusal
or neglect shall continue; provided that no such corporation shall be
required to lay service pipes or wires for the purpose of supplying gas
or electric light to any applicant where the ground in which such pipe
or wire is required to be laid shall be frozen, or shall otherwise pres-
ent serious obstacles to laying the same; nor unless the applicant, if
required, shall deposit in advance with the corporation a sum of money
sufficient to pay the cost of [his proportion] THE APPLICANT'S PORTION
of the pipe, conduit, duct or wire required to be installed, and the
expense of the installation of such portion.
§ 9. Subdivision 2 of section 66 of the public service law, as amended
by chapter 877 of the laws of 1953, is amended and a new subdivision
12-e is added to read as follows:
2. Investigate and ascertain, from time to time, the quality of gas
supplied by persons, corporations and municipalities; examine or inves-
tigate the methods employed by such persons, corporations and munici-
palities in manufacturing, distributing and supplying gas or electricity
for light, heat, COOLING, or power and in transmitting the same, and
have power to order such reasonable improvements as will best promote
the public interest, preserve the public health and protect those using
such gas or electricity and those employed in the manufacture and
distribution thereof, and have power to order reasonable improvements
and extensions of the works, wires, poles, lines, conduits, ducts and
other reasonable devices, apparatus and property of gas corporations,
electric corporations and municipalities; and have power after an inves-
tigation and a hearing to order any corporation having authority under
any general or special law or under any charter or franchise, to lay
down, erect or maintain wires, pipes, conduits, ducts or other fixtures
in, over or under the streets, highways and public places of any munici-
pality for the purpose of supplying, selling or distributing natural
gas, to augment its supply of natural gas, whenever the commission deems
necessary and whenever artificial gas can be reasonably obtained, by
acquiring by purchase, manufacture or otherwise a supply thereof to be
mixed with such natural gas, in order to render adequate service to the
customers of such corporation or to maintain a proper and uniform pres-
S. 8308--B 63
sure; and have power after an investigation and a hearing to order any
corporation having authority under any general or special law or under
any charter or franchise, to lay down, erect or maintain wires, pipes,
conduits, ducts or other fixtures in, over or under the streets, high-
ways and public places of any municipality for the purpose of supplying,
selling or distributing artificial gas, to augment its supply of artifi-
cial gas, whenever the commission deems necessary and whenever natural
gas can be reasonably obtained, by acquiring by purchase or otherwise a
supply thereof to be mixed with such artificial gas, in order to render
adequate service to the customers of such corporation or to maintain a
proper and uniform pressure; and to fix such rate for the supplying of
mixed gas as shall secure to such corporation a fair return; and may
order the curtailment or discontinuance of the use of natural gas for
manufacturing or industrial purposes, for periods aggregating not to
exceed four months in any calendar year, if it is established to the
satisfaction of the commission that the supply of natural gas is not
adequate to meet the reasonable demands of domestic consumption and may
[prohibit the use of natural gas in wasteful devices and practices]
ORDER THE CURTAILMENT OR DISCONTINUANCE OF THE USE OF THE DISTRIBUTION
SYSTEM, WHERE THE COMMISSION HAS DETERMINED THAT SUCH CURTAILMENT OR
DISCONTINUANCE IS REASONABLY REQUIRED TO IMPLEMENT STATE ENERGY POLICY,
PROVIDED THAT SUCH CURTAILMENT OR DISCONTINUANCE SHALL BE CONSISTENT
WITH PROGRAMS APPROVED BY THE COMMISSION PURSUANT TO SUBDIVISION TWO OF
SECTION THIRTY OF THIS CHAPTER, AND MAY PROHIBIT THE USE OF NATURAL GAS
IN WASTEFUL DEVICES AND PRACTICES, AS DEFINED BY THE COMMISSION, AND
REQUIRE CONSERVATION AND EFFICIENCY IN GAS USAGE.
12-E. THE COMMISSION SHALL REVIEW THE CAPITAL CONSTRUCTION PLAN OF
EACH GAS CORPORATION AND ESTABLISH A PROCESS TO EXAMINE FEASIBLE ALTER-
NATIVES TO SUCH CONSTRUCTION IN ORDER TO ACHIEVE CONSISTENCY WITH THE
CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED
SIX OF THE LAWS OF TWO THOUSAND NINETEEN, AND SUCH SUCCESSORS IN LAW AND
FUNCTION AS MAY ARISE FROM TIME TO TIME, ENCOURAGING NEIGHBORHOOD-SCALE
TRANSITIONS AND THE ELIMINATION OF ON-SITE CO-POLLUTANT EMISSIONS. SUCH
PROCESS SHALL INCLUDE THRESHOLDS AND CRITERIA FOR THE TYPES OF PROJECTS
SUBJECT TO SUCH EXAMINATION. THE COMMISSION SHALL REQUIRE PARTICIPATION
IN SUCH PROCESS BY EACH ELECTRIC CORPORATION WITH A SERVICE AREA OVER-
LAPPING THE SERVICE AREA OF THE GAS CORPORATION; AND THE COMMISSION
SHALL HAVE THE POWER TO REQUIRE ANY SUCH ELECTRIC CORPORATION TO PARTIC-
IPATE IN ALTERNATIVES TO GAS CAPITAL CONSTRUCTION, INCLUDING PARTIC-
IPATION IN FINANCING. ANY COSTS INCURRED BY SUCH ELECTRIC CORPORATION
FOR SUCH CORPORATION'S PARTICIPATION SHALL BE SUBJECT TO AN OPPORTUNITY
FOR FULL RECOVERY, AS DETERMINED BY THE COMMISSION.
§ 10. Section 66-a of the public service law, as added by chapter 7 of
the laws of 1948, subdivision 1 as amended and subdivision 3 as added by
chapter 582 of the laws of 1975, and subdivision 2 as amended by chapter
722 of the laws of 1977, is amended to read as follows:
§ 66-a. Conservation of gas, declaration of policy, delegation of
power. 1. It is hereby declared to be the policy of this state that
when there develops in any area a situation under which a gas corpo-
ration supplying gas to such area is unable to meet the reasonable needs
of its consumers and of persons or corporations applying for new or
additional gas service, the available supply of gas shall be allocated
among the customers of such gas corporation, in such manner as may be
necessary to protect public health and safety and to avoid undue hard-
ship, PARTICULARLY FOR LOW-TO-MODERATE INCOME RESIDENTIAL CUSTOMERS,
ELECTRIC GENERATION NEEDED FOR ELECTRIC SYSTEM RELIABILITY, AND CUSTOM-
S. 8308--B 64
ERS WITH HARD-TO-ELECTRIFY INDUSTRIAL AND COMMERCIAL USES, pursuant to
rules and regulations as may be adopted by the commission, and that to
carry out this declared policy the jurisdiction of the public service
commission should be clarified. IT IS FURTHER DECLARED TO BE THE POLICY
OF THIS STATE THAT GAS SERVICE TO EXISTING CUSTOMERS MUST BE PROVIDED IN
A MANNER THAT IS SAFE AND ADEQUATE, NOT UNJUSTLY DISCRIMINATORY OR UNDU-
LY PREFERENTIAL, AND IN ALL RESPECTS JUST AND REASONABLE, SUBJECT TO THE
PROVISIONS OF SECTION THIRTY OF THIS CHAPTER.
2. Notwithstanding the provisions of any statute or any franchise held
by a gas corporation, the commission shall have power, upon the finding
that CONTINUED GAS SERVICE IS NOT CONSISTENT WITH THE ACHIEVEMENT OF THE
CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED
SIX OF THE LAWS OF TWO THOUSAND NINETEEN, AND SUCH SUCCESSORS IN LAW AND
FUNCTION AS MAY ARISE FROM TIME TO TIME, OR THAT there exists such a
shortage of gas in any area in the state, that the gas corporation
supplying such area is unable and will be unable to secure or produce
sufficient gas to meet the reasonable needs of its customers and of
persons or corporations applying for new or additional gas service, to
require such corporation to immediately discontinue the supplying of gas
to additional customers or of supplying additional service to present
customers, for such purpose or purposes as may be designated by the
commission, or to customers using gas for a purpose prohibited by the
commission pursuant to this act, and that upon the finding that the
supply of gas available is and will be insufficient to supply the
demands of all consumers receiving service, to require such gas corpo-
ration to curtail or discontinue service to any or all classes of
customers of such gas corporation. In imposing such a direction or
requirement, the commission shall give consideration first to existing
domestic uses and uses deemed to be necessary by the commission to
protect public health and safety and to avoid undue hardship [and shall
be limited to the period of the emergency provided that the gas corpo-
ration affected shall make such restriction, curtailing or discontin-
uance applicable to all customers or applicants for service in a like
class. If the commission determines that good cause exists for supplying
service to additional customers or for supplying additional service to
some existing customers, notwithstanding the curtailment or discontin-
uance of service to other existing customers, it shall, to the extent
feasible, allocate gas with equal priority to new or additional domestic
uses of gas and commercial or industrial processes which require gas
because there is no practical substitute for it in such proportion as
the commission determines to be reasonable. Provided that the commis-
sion shall be permitted, after public hearing, to authorize any natural
gas produced from lands under the waters of Lake Erie to be used for
process or feedstock requirements]. The commission is authorized to
adopt such rules, regulations and orders as are necessary or appropriate
to carry out these delegated powers.
3. In carrying out the delegated powers provided for in this section,
the commission shall, to the extent practicable, determine and establish
gas conservation measures or standards, INCLUDING ENERGY EFFICIENT ELEC-
TRIFICATION OF GAS END USES. The commission may require compliance with
such measures or standards as a condition of receiving service.
4. THE COMMISSION SHALL DETERMINE CONDITIONS UNDER WHICH NEW OR ADDI-
TIONAL GAS SERVICE IS WARRANTED NOTWITHSTANDING THE NEED TO CONSERVE
RESOURCES FOR SERVICE TO EXISTING GAS CUSTOMERS. SUCH DETERMINATION
SHALL BE CONSISTENT WITH THE ACHIEVEMENT OF THE CLIMATE JUSTICE AND
EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF
S. 8308--B 65
TWO THOUSAND NINETEEN, AND SUCH SUCCESSORS IN LAW AND FUNCTION AS MAY
ARISE FROM TIME TO TIME, AND MAY TAKE INTO ACCOUNT FACTORS INCLUDING
ECONOMIC DEVELOPMENT, IMPACTS ON NEW AND EXISTING CUSTOMERS INCLUDING
LOW-TO-MODERATE INCOME CUSTOMERS, IMPACTS ON SYSTEM SAFETY AND ADEQUACY,
EQUITY TOWARD EXISTING CUSTOMERS WITH LIMITED CONVERSION ALTERNATIVES,
AND THE FEASIBILITY OF NEIGHBORHOOD-SCALE ALTERNATIVES TO USAGE OF FUELS
WITH GREENHOUSE GAS EMISSIONS AND ON-SITE CO-POLLUTANTS, INCLUDING THER-
MAL ENERGY NETWORKS.
5. THE COMMISSION SHALL REQUIRE GAS AND/OR ELECTRIC UTILITIES TO
PROVIDE COORDINATION ASSISTANCE AND FINANCIAL ASSISTANCE, IN SUCH FORMS
AS THE COMMISSION DEEMS REASONABLY REQUIRED TO IMPLEMENT STATE ENERGY
POLICY, TO IDENTIFY AND ADOPT ALTERNATIVES WHERE APPLICATIONS FOR NEW OR
ADDITIONAL GAS SERVICE ARE DENIED AND ENCOURAGE NEIGHBORHOOD-SCALE TRAN-
SITIONS.
§ 11. Section 66-b of the public service law is REPEALED.
§ 12. The public service law is amended by adding a new section 66-x
to read as follows:
§ 66-X. EXPANSION OF GAS COMPANY SERVICE TERRITORIES. EXCEPT AS
PROVIDED IN THIS SECTION, AND NOTWITHSTANDING ANY OTHER PROVISION OF
THIS CHAPTER, AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, THE
COMMISSION SHALL NOT GRANT AN AMENDMENT OF A GAS COMPANY'S CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY THAT EXPANDS A GAS COMPANY'S SERVICE
TERRITORY IN ORDER TO EXTEND GAS PLANT AND THE AVAILABILITY OF GAS
SERVICE INTO GEOGRAPHIC AREAS WHERE GAS SERVICE WAS NOT AVAILABLE PRIOR
TO SUCH DATE. THE COMMISSION MAY AUTHORIZE EXCEPTIONS TO THE POLICY SET
FORTH IN THIS SECTION ON A CASE-BY-CASE BASIS, PROVIDED THAT THE COMMIS-
SION FINDS THAT THE AMENDMENT OF THE CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY IS LIMITED TO A PROJECT THAT SERVES A COMPELLING STATE
INTEREST, ALTERNATIVES TO GAS SERVICE ARE EITHER NOT TECHNICALLY FEASI-
BLE OR PROHIBITIVELY EXPENSIVE, AND THAT THE PROJECT WILL BE COMPLETED
AND PUT INTO SERVICE NOT LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY-SEVEN.
§ 13. Section 66-g of the public service law is REPEALED.
§ 14. The public service law is amended by adding a new section 77-a
to read as follows:
§ 77-A. ALIGNING UTILITY REGULATION WITH CLIMATE JUSTICE AND EMISSION
REDUCTION MANDATES. 1. WITHIN THREE MONTHS OF THE EFFECTIVE DATE OF
THIS SECTION, THE COMMISSION SHALL INITIATE A PROCEEDING, OR MULTIPLE
PROCEEDINGS, AS IT DEEMS APPROPRIATE, TO CONSIDER AND ACT ON THE MATTERS
IDENTIFIED IN THIS SECTION IN ORDER TO BETTER ALIGN ITS REGULATION OF
UTILITY SERVICES WITH THE TIMELY ACHIEVEMENT, OF CONSISTENCY WITH THE
CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED
SIX OF THE LAWS OF TWO THOUSAND NINETEEN, AND SUCH SUCCESSORS IN LAW AND
FUNCTION AS MAY ARISE FROM TIME TO TIME. IF THE COMMISSION IS ALREADY
ENGAGED IN A PROCEEDING ADDRESSING ONE OR MORE OF THE MATTERS IDENTI-
FIED IN THIS SECTION, IT SHALL NOT BE REQUIRED TO OPEN A NEW PROCEEDING
ON THAT MATTER. FOLLOWING COMPLETION OF ALL PROCEEDINGS INITIATED
PURSUANT TO THIS SECTION, THE COMMISSION SHALL INITIATE REGULAR SUBSE-
QUENT PROCEEDINGS, AS IT DEEMS NECESSARY, TO ENSURE THE ACHIEVE-
MENT OF THE GOALS OUTLINED IN THIS SECTION. THE PROCEEDING OR
PROCEEDINGS SHALL INCLUDE:
(A) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, A REVIEW OF
THE PUBLIC SERVICE LAW AND ITS CURRENT RULES AND POLICY GUIDANCE TO
IDENTIFY ANY LAW, RULE, GUIDANCE, OR LACK THEREOF, THAT MAY INHIBIT
TIMELY, EQUITABLE ACHIEVEMENT OF CONSISTENCY WITH THE CLIMATE
JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF
S. 8308--B 66
THE LAWS OF TWO THOUSAND NINETEEN, AND SUCH SUCCESSORS IN LAW AND FUNC-
TION AS MAY ARISE FROM TIME TO TIME. THE COMMISSION SHALL REPORT TO THE
LEGISLATURE ITS PROGRESS AND FINDINGS, IDENTIFY SUBSEQUENT ACTIONS IT
WILL TAKE, AND MAKE RECOMMENDATIONS FOR ANY STATUTORY AMENDMENTS, OR
BUDGETARY OR OTHER ACTIONS THAT MAY BE NEEDED TO FACILITATE THE TIMELY
ACHIEVEMENT OF SUCH MANDATES.
(B) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, A REVISION
OF THE COMMISSION'S RULES AND REGULATIONS FOR DETERMINING APPROPRIATE
ALLOWANCES FOR THE EXTENSION OF GAS AND ELECTRIC UTILITY SERVICES TO
ENSURE THAT UTILITY SERVICE IS PROVIDED IN A MANNER CONSISTENT WITH THE
ACHIEVEMENT OF THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN
CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, AND SUCH
SUCCESSORS IN LAW AND FUNCTION AS MAY ARISE FROM TIME TO TIME. IN ESTAB-
LISHING RULES GOVERNING THE ALLOWANCE FOR THE EXTENSION OF GAS SERVICE,
THE COMMISSION SHALL ELIMINATE ALL MAIN AND SERVICE LINE EXTENSION
ALLOWANCES FOR GAS SERVICE AND MAY INCREASE ALLOWANCES FOR ELECTRIC
SERVICE. THE COMMISSION MAY ESTABLISH RULES THAT PROVIDE FOR DISTINCT
ELECTRIC ALLOWANCES FOR ALL-ELECTRIC CUSTOMERS AND FOR DUAL-FUEL CUSTOM-
ERS AND MAY PROVIDE ADDITIONAL ELECTRIC ALLOWANCES TO BUILDINGS THAT ARE
MADE READY FOR BENEFICIAL ELECTRIC LOADS SUCH AS THOSE WITH ELECTRIC
VEHICLE CHARGING FACILITIES AND GRID INTERACTIVE BUILDINGS. THE COMMIS-
SION MAY ALSO ESTABLISH ALLOWANCES FOR BUILDINGS SEEKING INTERCONNECTION
WITH THERMAL ENERGY NETWORKS.
(C) IN ORDER TO MINIMIZE LONG-TERM COSTS AND STRANDED ASSETS, AND
MAXIMIZE SAVINGS AND BENEFITS FOR CUSTOMERS, WITHIN ONE YEAR OF THE
EFFECTIVE DATE OF THIS SECTION THE COMMISSION SHALL ISSUE AN ORDER
REQUIRING EACH GAS CORPORATION, WITHIN ONE HUNDRED EIGHTY DAYS OF THE
ISSUANCE OF SUCH ORDER, TO RESTRUCTURE ITS PLAN FOR ADDRESSING THE LEAK-
PRONE GAS MAINS AND SERVICE LINES ON ITS SYSTEM TO FACILITATE THE ORDER-
LY RIGHT-SIZING OF THE GAS DISTRIBUTION SYSTEM TO ACHIEVE CONSISTENCY
WITH THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE
HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, AND SUCH SUCCESSORS IN
LAW AND FUNCTION AS MAY ARISE FROM TIME TO TIME, WHILE MAINTAINING SAFE-
TY AND RELIABILITY OF THE GAS SYSTEM, SUBJECT TO ALL RELEVANT FEDERAL
LAWS AND REGULATIONS. TO ACCOMPLISH THIS, THE COMMISSION SHALL REQUIRE
EACH GAS CORPORATION, IN COORDINATION WITH ANY AND ALL ELECTRIC CORPO-
RATIONS WITH OVERLAPPING SERVICE AREAS, TO PURSUE PROGRAMS PURSUANT TO
SUBDIVISION TWO OF SECTION THIRTY OF THIS CHAPTER THAT MINIMIZE THE
REPLACEMENT OF LEAK-PRONE GAS MAINS AND SERVICE LINES. THE COMMISSION
SHALL REQUIRE EACH GAS CORPORATION, AFTER NOTICE AND COMMENT, TO ESTAB-
LISH CRITERIA FOR EVALUATING WHETHER SPECIFIC SEGMENTS OF LEAK-PRONE
MAINS AND SERVICE LINES ARE CANDIDATES FOR SUCH PROGRAMS AND TO EVALU-
ATE THEIR ENTIRE INVENTORY OF LEAK-PRONE PIPES TO CREATE A STRATEGIC
DECOMMISSIONING RANKING IN WHICH IT RANKS THE SEGMENTS IN TERMS OF THE
ABILITY TO ELECTRIFY ALL CUSTOMERS SERVED BY THE SEGMENT AND RETIRE THE
GAS DISTRIBUTION INFRASTRUCTURE. THE COMMISSION SHALL REQUIRE EACH GAS
CORPORATION TO FILE AN ANNUAL REPORT THAT PROVIDES A QUALITATIVE AND
QUANTITATIVE ASSESSMENT OF THE REDUCTION OF LEAK-PRONE PIPE INVENTORY
AND THAT UPDATES THE STRATEGIC DECOMMISSIONING RANKING FROM THE PRIOR
YEAR. THE COMMISSION SHALL ESTABLISH NOTICE REQUIREMENTS AND CONSUMER
AND AFFORDABILITY PROTECTIONS IN ACCORDANCE WITH SECTION THIRTY OF THIS
CHAPTER APPLICABLE TO CUSTOMERS SERVED BY SEGMENTS OF THE GAS DISTRIB-
UTION SYSTEM TARGETED FOR DECOMMISSIONING.
(D) IN ORDER TO MAXIMIZE THE COST SAVINGS AND BENEFITS OF THE TRANSI-
TION OF THE ELECTRIC SYSTEM FOR THE EQUITABLE, ORDERLY, AND AFFORDABLE
ACHIEVEMENT OF CONSISTENCY WITH THE CLIMATE JUSTICE AND EMISSION
S. 8308--B 67
REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOU-
SAND NINETEEN, AND SUCH SUCCESSORS IN LAW AND FUNCTION AS MAY ARISE FROM
TIME TO TIME, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION THE
COMMISSION SHALL ISSUE AN ORDER REQUIRING ALL ELECTRIC CORPORATIONS TO
PURSUE ALL AVAILABLE ELECTRIC ENERGY EFFICIENCY AND DEMAND FLEXIBILITY
MEASURES THAT ARE COST-EFFECTIVE, RELIABLE, AND FEASIBLE. NO LESS
FREQUENTLY THAN EVERY THREE YEARS, THE COMMISSION SHALL IDENTIFY THE
STATEWIDE ACHIEVABLE POTENTIAL FOR ENERGY EFFICIENCY AND DEMAND FLEXI-
BILITY MEASURES FOR THE SUBSEQUENT TEN-YEAR PERIOD AND ESTABLISH ANNUAL
ENERGY EFFICIENCY AND DEMAND FLEXIBILITY TARGETS FOR EACH ELECTRIC
CORPORATION THAT ARE NO LOWER THAN ITS PROPORTIONAL SHARE OF THE STATE-
WIDE ACHIEVABLE POTENTIAL.
(E) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMIS-
SION SHALL COMPLETE A PROCEEDING TO DEVELOP AND ISSUE A REPORT EVALUAT-
ING AND CONSIDERING RATE MAKING STRATEGIES TO ENCOURAGE AND FACILITATE
ACHIEVEMENT OF THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN
CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, AND SUCH
SUCCESSORS IN LAW AND FUNCTION AS MAY ARISE FROM TIME TO TIME. THE
REPORT SHALL EXPLORE OPTIONS FOR DEVELOPING AND ASSESSING THE IMPACTS OF
RATES FOR ELECTRIC, GAS, STEAM, AND THERMAL ENERGY NETWORKS ON TOTAL
CUSTOMER ENERGY COSTS, AND SHALL EXPLORE OPTIONS FOR INTEGRATING COST
SHARING AND RECOVERY ACROSS UTILITIES AND SERVICES. THE REPORT SHALL
ALSO IDENTIFY STATUTORY BARRIERS TO THE IMPLEMENTATION OF SUCH STRATE-
GIES. IN CONSIDERING SUCH RATE MAKING STRATEGIES, THE COMMISSION SHALL
HAVE A GOAL OF ENSURING THAT ALL RESIDENTIAL CUSTOMERS BE ADEQUATELY
PROTECTED FROM BEARING AN ENERGY BURDEN GREATER THAN SIX PERCENT OF
THEIR HOUSEHOLD INCOME PURSUANT TO SUBDIVISION THREE OF SECTION THIRTY
OF THIS CHAPTER.
(F) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMIS-
SION SHALL DETERMINE, BASED ON THE BEST AVAILABLE INFORMATION, THE
GREENHOUSE GAS EMISSION REDUCTIONS NECESSARY TO BRING THE STATEWIDE GAS
DISTRIBUTION SYSTEM INTO ALIGNMENT WITH THE STATEWIDE TWO THOUSAND THIR-
TY AND TWO THOUSAND FIFTY GREENHOUSE GAS EMISSION REDUCTION TARGETS IN
CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, AND SUCH
SUCCESSORS IN LAW AND FUNCTION AS MAY ARISE FROM TIME TO TIME, AND SET
INTERIM EMISSION REDUCTION TARGETS FOR EACH GAS UTILITY AS WELL AS
DEVELOPING A PERIODIC PROCESS TO REVIEW AND UPDATE SUCH TARGETS;
(G) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMIS-
SION SHALL REVISE ITS RULES AND REGULATIONS FOR CONDUCTING BENEFIT-COST
ANALYSES SO THAT THE METHODOLOGY AND THE BASE FINANCIAL AND FRAMEWORK
ASSUMPTIONS FOR THE ANALYSIS SUPPORT ACHIEVEMENT OF THE CLIMATE JUSTICE
AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS
OF TWO THOUSAND NINETEEN, AND SUCH SUCCESSORS IN LAW AND FUNCTION AS MAY
ARISE FROM TIME TO TIME. SUCH REVISIONS SHALL INCLUDE, BUT NOT BE
LIMITED TO:
(1) GREENHOUSE GAS EMISSION REDUCTION MANDATES SHALL BE USED AS A
CONSTRAINT IN DESIGNING THE SCENARIOS TO BE ANALYZED SUCH THAT ALL THE
SCENARIOS SHALL COMPLY WITH THE STATUTORY GREENHOUSE GAS EMISSION
REQUIREMENTS AND ANY INTERIM TARGETS SET BY THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION OR THE COMMISSION IN ORDER TO INTERNALIZE THE COST
OF ACHIEVING SUCH TARGETS IN THE BENEFIT-COST ANALYSIS.
(2) QUANTIFICATION OF PUBLIC HEALTH IMPACTS FROM IMPROVEMENTS IN AMBI-
ENT AND INDOOR AIR QUALITY. WHEN QUANTITATIVE METRICS ARE NOT POSSIBLE,
QUALITATIVE ANALYSIS SHALL BE INCLUDED.
(3) CONSIDERATION OF THE SIGNIFICANT UNCERTAINTIES AND RISKS ASSOCI-
ATED WITH DIFFERENT SCENARIOS, INCLUDING THE ENVIRONMENTAL IMPACT OF
S. 8308--B 68
LEAKED GAS, THE PROLONGED RELIANCE ON THE GAS SYSTEM THAT RESULTS FROM
LONG-LIVED INVESTMENTS IN GAS INFRASTRUCTURE AND GAS-CONSUMING EQUIP-
MENT, THE POSITIVE OPTION VALUE ASSOCIATED WITH MEASURES THAT CAN ELIMI-
NATE OR DEFER THE NEED FOR INVESTMENTS IN GAS INFRASTRUCTURE AND GAS-
CONSUMING EQUIPMENT, AND POTENTIAL CHALLENGES ASSOCIATED WITH FULL
ELECTRIFICATION.
(4) IN INSTANCES WHERE AN ALTERNATIVE FUEL HAS AN ENVIRONMENTAL ATTRI-
BUTE, ONLY ATTRIBUTE ALTERNATIVE FUELS WITH EMISSION REDUCTION BENEFITS
UNDER THE BENEFIT-COST ANALYSIS IF THE ENVIRONMENTAL ATTRIBUTES ARE
RETAINED BY THE UTILITY FOR THE BENEFIT OF THE UTILITY'S CUSTOMERS OR BY
THE END-USE CUSTOMER.
(5) USE ACCURATE DEPRECIATION SCHEDULES THAT ASSUME THE FULL VALUE OF
ANY NEW GAS ASSET IS FULLY DEPRECIATED NO LATER THAN TWO THOUSAND FIFTY,
ABSENT DEMONSTRATION THAT THE SPECIFIC ASSET WILL REMAIN IN SERVICE
BEYOND TWO THOUSAND FIFTY, AND EARLIER IF IT IS LIKELY THAT SUCH ASSET
WILL NEED TO BE PHASED OUT OR RETIRED BEFORE TWO THOUSAND FIFTY GIVEN
ANY INTERIM GREENHOUSE GAS EMISSION REDUCTION TARGETS OR GEOGRAPHICALLY
TARGETED STRATEGIC ASSET RETIREMENT.
(6) ASSESS DEMOGRAPHIC IMPACTS BY MEASURING WITH AS MUCH GEOGRAPHIC
GRANULARITY AS POSSIBLE AND CONSIDERING DIFFERENT LEVELS OF EXPOSURE AND
RISK FACTORS FOR IMPACTS ON DISADVANTAGED COMMUNITIES AND OTHER POPU-
LATIONS WITH VULNERABILITY TO CHANGES INDUCED BY REGULATION.
2. NOTHING IN THIS CHAPTER OR ANY OTHER LAW OF NEW YORK STATE SHALL BE
INTERPRETED OR OTHERWISE CONSTRUED AS PREEMPTING A MUNICIPALITY FROM
ADOPTING BUILDING CODES OR OTHER REGULATIONS REGARDING ON-SITE EMISSIONS
FOR NEW AND EXISTING BUILDINGS WITHIN THEIR LOCALITIES.
§ 15. The labor law is amended by adding a new section 224-g to read
as follows:
§ 224-G. WAGE REQUIREMENTS FOR NEIGHBORHOOD-SCALE DECARBONIZATION
PROJECTS. 1. FOR PURPOSES OF THIS SECTION, THE TERM "COVERED NEIGHBOR-
HOOD-SCALE DECARBONIZATION PROJECT" SHALL MEAN PROJECTS PERFORMED BY
CONTRACTORS OR SUBCONTRACTORS HIRED DIRECTLY BY A PUBLIC UTILITY COMPA-
NY, AS DEFINED BY SUBDIVISION TWENTY-THREE OF SECTION TWO OF THE PUBLIC
SERVICE LAW, TO ENSURE THAT CUSTOMERS PERMANENTLY TRANSITIONING OFF
UTILITY GAS SERVICE HAVE ACCESS TO SAFE AND RELIABLE SUBSTITUTES FOR
HEATING, COOLING, COOKING, AND WATER-HEATING PRIOR TO A CESSATION OF GAS
SERVICE.
2. NOTWITHSTANDING THE PROVISIONS OF SECTION TWO HUNDRED TWENTY-FOUR-A
OF THIS ARTICLE, A COVERED NEIGHBORHOOD-SCALE DECARBONIZATION PROJECT
SHALL BE SUBJECT TO PREVAILING WAGE REQUIREMENTS IN ACCORDANCE WITH
SECTIONS TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-B OF THIS ARTICLE.
PROVIDED THAT A NEIGHBORHOOD-SCALE DECARBONIZATION PROJECT WHICH IS NOT
CONSIDERED TO BE COVERED BY THIS SECTION MAY STILL OTHERWISE BE CONSID-
ERED A COVERED PROJECT PURSUANT TO SECTION TWO HUNDRED TWENTY-FOUR-A OF
THIS ARTICLE IF IT MEETS THE REQUIREMENTS OF SUCH DEFINITION.
3. FOR PURPOSES OF THIS SECTION, A COVERED NEIGHBORHOOD-SCALE DECAR-
BONIZATION PROJECT SHALL NOT INCLUDE:
A. PROJECTS PERFORMED UNDER PRIVATE CONTRACT WITH AN ENTITY OTHER THAN
A PUBLIC UTILITY COMPANY, EVEN IF THE BUILDING OWNER OR THE CONTRACTOR
RECEIVES FINANCIAL AND TECHNICAL SUPPORT FROM A PUBLIC UTILITY COMPANY,
INCLUDING FOR THE PURCHASE AND INSTALLATION OF CUSTOMER-OWNED EQUIPMENT;
B. PROJECTS THAT MEET EXCLUSION CRITERIA ESTABLISHED BY THE PUBLIC
SERVICE COMMISSION AT ITS DISCRETION TO REASONABLY ENSURE THE REQUIRE-
MENTS OF THIS SECTION DO NOT INHIBIT EQUITABLE AND ORDERLY ACHIEVEMENT
OF THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE
S. 8308--B 69
HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, AND SUCH SUCCESSORS IN
LAW AND FUNCTION AS MAY ARISE FROM TIME TO TIME; OR
C. PROJECTS PERFORMED UNDER A PRE-HIRE COLLECTIVE BARGAINING AGREEMENT
BETWEEN AN OWNER OR CONTRACTOR AND A BONA FIDE BUILDING AND CONSTRUCTION
TRADE LABOR ORGANIZATION WHICH HAS ESTABLISHED ITSELF, AND/OR ITS AFFIL-
IATES, AS THE COLLECTIVE BARGAINING REPRESENTATIVE FOR ALL PERSONS WHO
WILL PERFORM WORK ON SUCH A PROJECT, AND WHICH PROVIDES THAT ONLY
CONTRACTORS AND SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT WITH
THE LABOR ORGANIZATION CAN PERFORM WORK ON SUCH A PROJECT, OR PROJECTS
PERFORMED UNDER A LABOR PEACE AGREEMENT, PROJECT LABOR AGREEMENT, OR ANY
OTHER PROJECT PERFORMED UNDER AN ENFORCEABLE AGREEMENT BETWEEN AN OWNER
OR CONTRACTOR AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR
ORGANIZATION.
4. FOR PURPOSES OF THIS SECTION, THE "FISCAL OFFICER" SHALL BE DEEMED
TO BE THE COMMISSIONER. THE ENFORCEMENT OF ANY COVERED NEIGHBORHOOD-SCA-
LE DECARBONIZATION PROJECT PURSUANT TO THIS SECTION SHALL BE SUBJECT TO
THE REQUIREMENTS OF SECTIONS TWO HUNDRED TWENTY, TWO HUNDRED TWENTY-A,
TWO HUNDRED TWENTY-B, TWO HUNDRED TWENTY-THREE, TWO HUNDRED
TWENTY-FOUR-B AND TWO HUNDRED TWENTY-SEVEN OF THIS ARTICLE AND WITHIN
THE JURISDICTION OF THE FISCAL OFFICER; PROVIDED, HOWEVER, NOTHING
CONTAINED IN THIS SECTION SHALL BE DEEMED TO CONSTRUE ANY COVERED NEIGH-
BORHOOD-SCALE DECARBONIZATION PROJECT AS OTHERWISE BEING CONSIDERED
PUBLIC WORK PURSUANT TO THIS ARTICLE.
5. THE FISCAL OFFICER MAY ISSUE RULES AND REGULATIONS GOVERNING THE
PROVISIONS OF THIS SECTION. VIOLATIONS OF THIS SECTION SHALL BE GROUNDS
FOR DETERMINATIONS AND ORDERS PURSUANT TO SECTION TWO HUNDRED TWENTY-B
OF THIS ARTICLE.
§ 16. This act shall take effect immediately.
PART Q
Section 1. Expenditures of moneys appropriated to the department of
agriculture and markets from the special revenue funds-other/state oper-
ations, miscellaneous special revenue fund-339, public service account
shall be subject to the provisions of this section. Notwithstanding any
other provision of law to the contrary, direct and indirect expenses
relating to the department of agriculture and markets' participation in
general ratemaking proceedings pursuant to section 65 of the public
service law or certification proceedings pursuant to article 7 or 10 of
the public service law, shall be deemed expenses of the department of
public service within the meaning of section 18-a of the public service
law. No later than August 15th annually, the commissioner of the depart-
ment of agriculture and markets shall submit an accounting of such
expenses, including, but not limited to, expenses in the prior state
fiscal year for personal and non-personal services and fringe benefits,
to the chair of the public service commission for the chair's review
pursuant to the provisions of section 18-a of the public service law.
§ 2. Expenditures of moneys appropriated to the department of state
from the special revenue funds-other/state operations, miscellaneous
special revenue fund-339, public service account shall be subject to the
provisions of this section. Notwithstanding any other provision of law
to the contrary, direct and indirect expenses relating to the activities
of the department of state's utility intervention unit pursuant to
subdivision 4 of section 94-a of the executive law, including, but not
limited to participation in general ratemaking proceedings pursuant to
section 65 of the public service law or certification proceedings pursu-
S. 8308--B 70
ant to article 7 or 10 of the public service law, and expenses related
to the activities of the major renewable energy development program
established by section 94-c of the executive law, shall be deemed
expenses of the department of public service within the meaning of
section 18-a of the public service law. No later than August 15th annu-
ally, the secretary of state shall submit an accounting of such
expenses, including, but not limited to, expenses in the prior state
fiscal year for personal and non-personal services and fringe benefits,
to the chair of the public service commission for the chair's review
pursuant to the provisions of section 18-a of the public service law.
§ 3. Expenditures of moneys appropriated to the office of parks,
recreation and historic preservation from the special revenue funds-
other/state operations, miscellaneous special revenue fund-339, public
service account shall be subject to the provisions of this section.
Notwithstanding any other provision of law to the contrary, direct and
indirect expenses relating to the office of parks, recreation and
historic preservation's participation in general ratemaking proceedings
pursuant to section 65 of the public service law or certification
proceedings pursuant to article 7 or 10 of the public service law, shall
be deemed expenses of the department of public service within the mean-
ing of section 18-a of the public service law. No later than August 15th
annually, the commissioner of the office of parks, recreation and
historic preservation shall submit an accounting of such expenses,
including, but not limited to, expenses in the prior state fiscal year
for personal and non-personal services and fringe benefits, to the chair
of the public service commission for the chair's review pursuant to the
provisions of section 18-a of the public service law.
§ 4. Expenditures of moneys appropriated to the department of environ-
mental conservation from the special revenue funds-other/state oper-
ations, environmental conservation special revenue fund-301, utility
environmental regulation account shall be subject to the provisions of
this section. Notwithstanding any other provision of law to the contra-
ry, direct and indirect expenses relating to the department of environ-
mental conservation's participation in state energy policy proceedings,
or certification proceedings pursuant to article 7 or 10 of the public
service law, shall be deemed expenses of the department of public
service within the meaning of section 18-a of the public service law. No
later than August 15th annually, the commissioner of the department of
environmental conservation shall submit an accounting of such expenses,
including, but not limited to, expenses in the prior state fiscal year
for personal and non-personal services and fringe benefits, to the chair
of the public service commission for the chair's review pursuant to the
provisions of section 18-a of the public service law.
§ 5. Notwithstanding any other law, rule or regulation to the contra-
ry, expenses of the department of health public service education
program incurred pursuant to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service. No later than August 15th
annually, the commissioner of the department of health shall submit an
accounting of expenses in the prior state fiscal year to the chair of
the public service commission for the chair's review pursuant to the
provisions of section 217 of the public service law.
§ 6. Any expense deemed to be expenses of the department of public
service pursuant to sections one through four of this act shall not be
recovered through assessments imposed upon telephone corporations as
defined in subdivision 17 of section 2 of the public service law.
S. 8308--B 71
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024 and shall
expire and be deemed repealed April 1, 2025.
PART R
Section 1. Subdivision 2 of section 195 of the agriculture and markets
law, as amended by section 2 of part D of chapter 82 of the laws of
2002, is amended to read as follows:
2. Upon application, a weighmaster's license may be issued by the
commissioner to an employee of a person, firm, partnership or corpo-
ration whose business requires, by contract or otherwise, that materials
or commodities manufactured, produced, distributed, sold or handled by
such person, firm, partnership or corporation be weighed by a licensed
weighmaster; or such license may be issued to an individual engaged in
the weighing of materials or commodities. The applicant shall furnish
satisfactory evidence of good character and of ability to weigh accu-
rately and to make correct weight tickets. [He] THE APPLICANT shall
also furnish evidence that [he] SUCH APPLICANT owns, leases or has
access to a stationary scale within the state suitable for weighing the
materials or commodities to be weighed by [him] THE APPLICANT or that
[he] THE APPLICANT is regularly employed by a person, firm, partnership
or corporation who owns, leases or has access to such a scale which has
been tested and sealed by the weights and measures official charged with
such duty. The applicant shall pay [a fee of fifteen dollars] AN APPRO-
PRIATE FEE COMMENSURATE WITH COSTS AS ESTABLISHED BY REGULATION. A
license shall be for a period not exceeding three years and may be
renewed in the discretion of the commissioner upon payment of the fee
aforesaid. Such license shall be kept at the place where the weighmaster
is engaged in weighing and shall be open to inspection. An application
may be denied or a license may be revoked by the commissioner, after a
hearing upon due notice to the applicant or licensee, for dishonesty,
incompetency, inaccuracy or a violation of the provisions of this arti-
cle or the rules and regulations adopted pursuant thereto.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART S
Section 1. Subdivision 3 of section 54-1511 of the environmental
conservation law, as added by section 5 of part U of chapter 58 of the
laws of 2016, is amended to read as follows:
3. State assistance payments shall not exceed fifty percent of the
project cost or two million dollars, whichever is less, PROVIDED HOWEVER
IF A MUNICIPALITY MEETS CRITERIA ESTABLISHED BY THE DEPARTMENT RELATING
TO EITHER FINANCIAL HARDSHIP OR DISADVANTAGED COMMUNITIES PURSUANT TO
SECTION 75-0101 OF THIS CHAPTER, THE COMMISSIONER MAY AUTHORIZE STATE
ASSISTANCE PAYMENTS OF UP TO EIGHTY PERCENT OF THE PROJECT COST OR TWO
MILLION DOLLARS, WHICHEVER IS LESS. Such costs are subject to final
computation and determination by the commissioner upon completion of the
project, and shall not exceed the maximum eligible cost set forth in the
contract.
§ 2. This act shall take effect immediately.
S. 8308--B 72
PART T
Section 1. Section 72-0302 of the environmental conservation law, as
amended by chapter 608 of the laws of 1993, the opening paragraph of
subdivision 1 and the closing paragraph as amended by chapter 432 of the
laws of 1997, and paragraph e of subdivision 1 as amended and paragraphs
f and g of subdivision 1 as relettered by chapter 170 of the laws of
1994, is amended to read as follows:
§ 72-0302. State air quality control fees.
1. All persons, except those required to pay a fee under section
72-0303 of this [article] TITLE, who are required to obtain a [permit,
certificate] REGISTRATION or OTHER OPERATING approval pursuant to the
state air quality control program AND THE RULES AND REGULATIONS ADOPTED
BY THE DEPARTMENT THEREUNDER shall submit to the department a per emis-
sion point fee in an amount established as follows:
a. $11,000.00 for a stationary combustion installation having a maxi-
mum operating heat input equal to or greater than fifty million British
thermal units per hour as stated on the most recent [application for a
permit to construct or] application for a [certificate] REGISTRATION to
operate and which emits or has the potential to emit equal to or greater
than any one of the following:
(i) one hundred tons per year of oxides of nitrogen, or if located in
a severe ozone nonattainment area, twenty-five tons per year; or
(ii) one hundred tons per year of sulfur dioxide; or
(iii) one hundred tons per year of particulates.
b. $2,000.00 for all stationary combustion installations which are not
included under paragraph a of this subdivision and which have a maximum
operating heat input greater than fifty million British thermal units
per hour as stated on the most recent application for a [certificate]
REGISTRATION to operate.
c. $100.00 for a stationary combustion installation having a maximum
operating heat input less than fifty million British thermal units per
hour as stated on the most recent application for a [certificate] REGIS-
TRATION to operate.
d. $2,000.00 for a process air contamination source for an annual
emission rate equal to or greater than twenty-five tons per year of any
one of the following: sulfur dioxide, nitrogen dioxide, total particu-
lates, carbon monoxide, total volatile organic compounds and other
specific air contaminants. The annual emission rate shall be the actual
annual emission rate as stated on the most recent [application for a
permit to construct or] application for a [certificate] REGISTRATION to
operate. In the event that hours of operation have not been specified
on the [applications] APPLICATION, then maximum possible hours of opera-
tion (8760 hours) will be used to calculate actual annual emissions.
e. $160.00 for a process air contamination source, except a gasoline
[dispencing] DISPENSING site, for an annual emission rate less than
twenty-five tons per year of any one of the following: sulfur dioxide,
nitrogen dioxide, total particulates, carbon monoxide, total volatile
organic compounds and other specific air contaminants. The annual emis-
sion rate shall be the actual annual emission rate as applied for on the
most recent [application for a permit to construct or application for a
certificate] REGISTRATION to operate. In the event that hours of opera-
tion have not been specified on the [applications] APPLICATION, then
maximum possible hours of operation (8760 hours) will be used to calcu-
late actual annual emissions.
S. 8308--B 73
f. $2,000.00 for an incinerator capable of charging two thousand
pounds of refuse per hour or greater. The charging capacity will be
established in accordance with the [application for the most recent
permit to construct or] application for a [certificate] REGISTRATION to
operate the incinerator source and will be calculated on an emission
point basis.
g. $160.00 for an incinerator with a maximum design charge rate of
less than two thousand pounds of refuse per hour. The charging capacity
will be established in accordance with the [application for the most
recent permit to construct or] application for a [certificate] REGISTRA-
TION to operate the incinerator source and will be calculated on an
emission point basis.
2. ALL PERSONS, EXCEPT THOSE REQUIRED TO PAY A FEE UNDER SECTION
72-0303 OF THIS TITLE, WHO ARE REQUIRED TO OBTAIN A PERMIT PURSUANT
TO THE STATE AIR QUALITY CONTROL PROGRAM AND THE RULES AND REGULATIONS
ADOPTED BY THE DEPARTMENT THEREUNDER, SHALL SUBMIT TO THE DEPARTMENT AN
ANNUAL FEE OF $5,000 FOR EACH STATE FACILITY PERMIT.
Provided, however, that where a city or county is delegated the
authority to administer the state air quality control program, or any
portion thereof, pursuant to paragraph p of subdivision two of section
3-0301 of this chapter and such city or county collects a fee in
connection with the issuance of a permit, [certificate] REGISTRATION or
OTHER OPERATING approval [for a combustion installation, incinerator or
process air contamination source] PURSUANT TO THE STATE AIR QUALITY
CONTROL PROGRAM AND THE RULES AND REGULATIONS ADOPTED BY THE DEPARTMENT
HEREUNDER, no additional liability for fees under this section shall
accrue for the particular combustion installation, incinerator or proc-
ess air contamination source that is subject to the delegation.
§ 2. Subdivisions 1, 2 and 3 of section 72-0303 of the environmental
conservation law, subdivisions 1 and 3 as amended by section 1 of part D
of chapter 413 of the laws of 1999, the opening paragraph of subdivision
1 as amended by section 1 of part Y of chapter 58 of the laws of 2015
and subdivision 2 as added by chapter 608 of the laws of 1993, are
amended to read as follows:
1. Commencing January first, two thousand [fifteen] TWENTY-SEVEN and
every year thereafter, all sources of regulated air contaminants identi-
fied pursuant to subdivision one of section 19-0311 of this chapter
shall submit to the department an annual base fee of [two] TEN thousand
[five hundred] dollars PER FACILITY. This base fee shall be in addition
to the fees listed below. Commencing January first, [nineteen hundred
ninety-four] TWO THOUSAND TWENTY-SEVEN and every year thereafter, all
sources of regulated air contaminants identified pursuant to subdivision
one of section 19-0311 of this chapter shall submit to the department an
annual fee not to exceed [the] TWO HUNDRED FORTY-FIVE DOLLARS per ton
[fees described below. The per ton fee is assessed on each ton of emis-
sions up to seven thousand tons annually of each regulated air contam-
inant as follows: sixty dollars per ton for facilities with total emis-
sions less than one thousand tons annually; seventy dollars per ton for
facilities with total emissions of one thousand or more but less than
two thousand tons annually; eighty dollars per ton for facilities with
total emissions of two thousand or more but less than five thousand tons
annually; and ninety dollars per ton for facilities with total] OF emis-
sions of [five thousand or more tons annually] REGULATED AIR CONTAM-
INANTS. Such [fee] FEES shall be sufficient to support an appropriation
approved by the legislature for the direct and indirect costs associated
with the operating permit program established in section 19-0311 of this
S. 8308--B 74
chapter. Such [fee] FEES shall be established by the department and
shall be calculated by dividing the amount of the current year appropri-
ation from the operating permit program account of the clean air fund by
the total tons of emissions of regulated air contaminants, INCLUDING
HAZARDOUS AIR POLLUTANTS, that are subject to the operating permit
program fees from sources subject to the operating permit program pursu-
ant to section 19-0311 of this chapter [up to seven thousand tons annu-
ally of each regulated air contaminant from each source]; provided that,
in making such calculation, the department shall adjust their calcu-
lation to account for any deficit or surplus in the operating permit
program account of the clean air fund established pursuant to section
ninety-seven-oo of the state finance law[; any loan repayment from the
mobile source account of the clean air fund established pursuant to
section ninety-seven-oo of the state finance law;] and the rate of
collection by the department of the bills issued for the [fee] FEES for
the prior year.
Notwithstanding the provisions of the state administrative procedure
act, such calculation and [fee] FEES shall be established as a rule by
publication in the Environmental Notice Bulletin no later than thirty
days after the budget bills making appropriations for the support of
government are enacted or July first, whichever is later, of the year
such [fee] FEES will be effective. In no event shall the [fee] FEES
established herein be any greater than the maximum fee identified pursu-
ant to this section.
2. Bills issued for the [fee] FEES ESTABLISHED BY SUBDIVISION ONE OF
THIS SECTION shall be based on actual emissions for the prior calendar
year, as demonstrated to the department's satisfaction, or in the
absence of such demonstration, on permitted emissions, or, where there
is no permit, on potential to emit. Persons required to submit an emis-
sions statement to the department shall use such statement to demon-
strate actual emissions under this section.
3. Effective January first, [nineteen hundred ninety-seven through
December thirty-first, nineteen hundred ninety-eight] TWO THOUSAND TWEN-
TY-SEVEN AND EACH YEAR THEREAFTER, and notwithstanding the requirements
of the state administrative procedure act, the [cap of twenty-five
dollars] per ton FEE ESTABLISHED BY SUBDIVISION ONE OF THIS SECTION
shall increase by the percentage, if any, by which the consumer price
index exceeds the consumer price index for the [calendar] PRIOR CALENDAR
year [nineteen hundred eighty-nine].
a. The consumer price index for any PRIOR calendar year is the average
of the consumer price index for all urban consumers published by the
United States department of labor, as of the close of the twelve-month
period ending on August thirty-first of each calendar year.
b. The [revision of the] DEPARTMENT SHALL USE THE MOST RECENT consumer
price index [for the calendar year nineteen hundred eighty-nine shall be
used in the event] PUBLISHED BY the department of labor [revises its
method of determining the consumer price index].
§ 3. Subdivision 7 of section 72-0303 of the environmental conserva-
tion law is REPEALED.
§ 4. Subdivisions 8, 9 and 10 of section 72-0303 of the environmental
conservation law are renumbered subdivisions 7, 8 and 9.
§ 5. Paragraph c of subdivision 2 of section 97-oo of the state
finance law, as added by chapter 608 of the laws of 1993, is REPEALED.
§ 6. The environmental conservation law is amended by adding a new
section 19-0328 to read as follows:
§ 19-0328. FEE PROGRAMS.
S. 8308--B 75
1. THE DEPARTMENT MAY IMPLEMENT NEW OR REVISE EXISTING REGULATORY OR
PERMITTING FEE PROGRAMS TO THE EXTENT NECESSARY TO COMPLY WITH SECTION
7511D OF THE ACT.
2. FEES IMPOSED PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE
CALCULATED IN THE MANNER SET FORTH IN THE ACT.
3. THE DEPARTMENT MAY FURTHER ESTABLISH BY RULE OR RULES ADDITIONAL
PROCEDURES TO THE EXTENT NECESSARY FOR ASSESSMENT OF AND COLLECTION OF
SUCH FEES.
§ 7. This act shall take effect immediately; provided, however, that
sections one, three, four, five, and six of this act shall take effect
January 1, 2025; and provided further, however, that section two of this
act shall take effect January 1, 2027.
PART U
Intentionally Omitted
PART V
Intentionally Omitted
PART W
Intentionally Omitted
PART X
Intentionally Omitted
PART Y
Section 1. The opening paragraph of subdivision (h) of section 121 of
chapter 261 of the laws of 1988, amending the state finance law and
other laws relating to the New York state infrastructure trust fund, as
amended by chapter 96 of the laws of 2019, is amended to read as
follows:
The provisions of sections sixty-two through sixty-six of this act
shall expire and be deemed repealed on December thirty-first, two thou-
sand [twenty-four] TWENTY-FIVE, except that:
§ 2. This act shall take effect immediately.
PART Z
Intentionally Omitted
PART AA
Intentionally Omitted
PART BB
S. 8308--B 76
Section 1. Section 4 of chapter 495 of the laws of 2004, amending the
insurance law and the public health law relating to the New York state
health insurance continuation assistance demonstration project, as
amended by section 1 of part U of chapter 58 of the laws of 2023, is
amended to read as follows:
§ 4. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that this act shall remain in
effect until July 1, [2024] 2025 when upon such date the provisions of
this act shall expire and be deemed repealed; provided, further, that a
displaced worker shall be eligible for continuation assistance retroac-
tive to July 1, 2004.
§ 2. This act shall take effect immediately.
PART CC
Intentionally Omitted
PART DD
Section 1. Subsection (g) of section 3420 of the insurance law, as
amended by chapter 735 of the laws of 2022, is amended to read as
follows:
(g) (1) Except as otherwise provided in paragraph two of this
subsection, no policy or contract shall be deemed to insure against any
liability of an insured because of death of or injuries to [his or her]
THE INSURED'S spouse or because of injury to, or destruction of property
of [his or her] THE INSURED'S spouse unless express provision relating
specifically thereto is included in the policy. This exclusion shall
apply only where the injured spouse, to be entitled to recover, must
prove the culpable conduct of the insured spouse.
(2) (A) [Every] (I) UPON PAYMENT OF A REASONABLE PREMIUM ESTABLISHED
IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER, AN insurer
issuing or delivering any policy that satisfies the requirements of
article six of the vehicle and traffic law AND IS SUBJECT TO SECTION
THREE THOUSAND FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE shall provide
coverage in such A policy ISSUED TO A FIRST NAMED INSURED WHO HAS INDI-
CATED THAT SUCH INSURED HAS A SPOUSE ON THE INSURANCE APPLICATION,
against liability of an insured because of death of or injuries to [his
or her] THE INSURED'S spouse up to the liability insurance limits
provided under such policy even where the injured spouse, to be entitled
to recover, must prove the culpable conduct of the insured spouse,
unless [the] A FIRST NAMED insured elects, in writing and in such form
as the superintendent determines, to decline and refuse such coverage in
[his or her] THE FIRST NAMED INSURED'S policy. Such insurance coverage
shall be known as "supplemental spousal liability insurance".
(II) UPON WRITTEN REQUEST OF AN INSURED, AND UPON PAYMENT OF A REASON-
ABLE PREMIUM ESTABLISHED IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS
CHAPTER, AN INSURER ISSUING OR DELIVERING ANY POLICY THAT SATISFIES THE
REQUIREMENTS OF ARTICLE SIX OF THE VEHICLE AND TRAFFIC LAW, OTHER THAN
AS SPECIFIED IN CLAUSE (I) OF THIS SUBPARAGRAPH, SHALL PROVIDE COVERAGE
IN SUCH A POLICY AGAINST LIABILITY OF AN INSURED BECAUSE OF DEATH OF OR
INJURIES TO THE INSURED'S SPOUSE UP TO THE LIABILITY INSURANCE LIMITS
PROVIDED UNDER SUCH POLICY EVEN WHERE THE INJURED SPOUSE, TO BE ENTITLED
TO RECOVER, MUST PROVE THE CULPABLE CONDUCT OF THE INSURED SPOUSE.
S. 8308--B 77
(B) Upon issuance[, renewal or amendment] of a motor vehicle liability
policy that satisfies the requirements of article six of the vehicle and
traffic law AND IS SUBJECT TO SECTION THREE THOUSAND FOUR HUNDRED TWEN-
TY-FIVE OF THIS ARTICLE, the insurer shall notify [the] A FIRST NAMED
insured WHO HAS INDICATED THAT SUCH INSURED HAS A SPOUSE ON THE INSUR-
ANCE APPLICATION, in writing, that such policy shall include supple-
mental spousal liability insurance unless [the] A FIRST NAMED insured
declines and refuses such insurance, in writing and in such form as
shall be determined by the superintendent. Such notification shall be
contained on the front of the premium notice in boldface type and
include a concise statement that [supplementary] SUPPLEMENTAL spousal
coverage is provided unless declined by [the] A FIRST NAMED insured, an
explanation of such coverage, and the insurer's premium for such cover-
age.
(C) A NOTIFICATION OF THE AVAILABILITY OF SUPPLEMENTAL SPOUSAL LIABIL-
ITY INSURANCE SHALL BE PROVIDED UPON POLICY ISSUANCE, OTHER THAN FOR THE
POLICIES TO WHICH THE NOTIFICATION REQUIREMENT IN SUBPARAGRAPH (B) OF
THIS PARAGRAPH APPLIES, AND AT LEAST ONCE A YEAR FOR ALL MOTOR VEHICLE
LIABILITY POLICIES THAT SATISFY THE REQUIREMENTS OF ARTICLE SIX OF THE
VEHICLE AND TRAFFIC LAW, WHERE THE POLICY DOES NOT ALREADY PROVIDE
SUPPLEMENTAL SPOUSAL LIABILITY INSURANCE. SUCH NOTICE SHALL BE
CONTAINED ON THE FRONT OF THE PREMIUM NOTICE IN BOLDFACE TYPE AND
INCLUDE A CONCISE STATEMENT THAT SUPPLEMENTAL SPOUSAL LIABILITY COVERAGE
IS AVAILABLE, AN EXPLANATION OF SUCH COVERAGE, AND THE INSURER'S PREMIUM
FOR SUCH COVERAGE.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however that the amendments to
subsection (g) of section 3420 of the insurance law made by section one
of this act shall be subject to the expiration and reversion of such
subsection pursuant to section 2 of chapter 735 of the laws of 2022, as
amended.
PART EE
Section 1. Subparagraph (B) of paragraph 15-a of subsection (i) of
section 3216 of the insurance law, as amended by section 1 of part DDD
of chapter 56 of the laws of 2020, is amended to read as follows:
(B) Such coverage may be subject to annual deductibles and coinsurance
as may be deemed appropriate by the superintendent and as are consistent
with those established for other benefits within a given policy;
provided, however, [the total amount] that [a covered person is required
to pay out of pocket for] covered prescription insulin drugs shall [be
capped at an amount not to exceed one hundred dollars per thirty-day
supply, regardless of the amount or type of insulin needed to fill such
covered person's prescription and regardless of the insured's] NOT BE
SUBJECT TO A deductible, copayment, coinsurance or any other cost shar-
ing requirement.
§ 2. Subparagraph (B) of paragraph 7 of subsection (k) of section 3221
of the insurance law, as amended by section 2 of part DDD of chapter 56
of the laws of 2020, is amended to read as follows:
(B) Such coverage may be subject to annual deductibles and coinsurance
as may be deemed appropriate by the superintendent and as are consistent
with those established for other benefits within a given policy;
provided, however, [the total amount] that [a covered person is required
to pay out of pocket for] covered prescription insulin drugs shall [be
capped at an amount not to exceed one hundred dollars per thirty-day
S. 8308--B 78
supply, regardless of the amount or type of insulin needed to fill such
covered person's prescription and regardless of the insured's] NOT BE
SUBJECT TO A deductible, copayment, coinsurance or any other cost shar-
ing requirement.
§ 3. Paragraph 2 of subsection (u) of section 4303 of the insurance
law, as amended by section 3 of part DDD of chapter 56 of the laws of
2020, is amended to read as follows:
(2) Such coverage may be subject to annual deductibles and coinsurance
as may be deemed appropriate by the superintendent and as are consistent
with those established for other benefits within a given policy;
provided, however, [the total amount] that [a covered person is required
to pay out of pocket for] covered prescription insulin drugs shall [be
capped at an amount not to exceed one hundred dollars per thirty-day
supply, regardless of the amount or type of insulin needed to fill such
covered person's prescription and regardless of the insured's] NOT BE
SUBJECT TO A deductible, copayment, coinsurance or any other cost shar-
ing requirement.
§ 4. This act shall take effect January 1, 2025 and shall apply to
any policy or contract issued, renewed, modified, altered, or amended on
or after such date.
PART FF
Section 1. The insurance law is amended by adding a new section 3423
to read as follows:
§ 3423. AFFORDABLE HOUSING UNDERWRITING AND RATING. (A) AN INSURER
THAT ISSUES OR DELIVERS IN THIS STATE INSURANCE COVERING LOSS OF OR
DAMAGE TO REAL PROPERTY CONTAINING UNITS USED FOR RESIDENTIAL PURPOSES
SHALL NOT INQUIRE ABOUT ON AN APPLICATION, NOR SHALL AN INSURER CANCEL,
REFUSE TO ISSUE, REFUSE TO RENEW, OR INCREASE THE PREMIUM OF A POLICY
BASED ON, THE FOLLOWING:
(1) THE LEVEL OR SOURCE OF INCOME OF AN INDIVIDUAL OR GROUP OF INDI-
VIDUALS RESIDING OR INTENDING TO RESIDE UPON THE PROPERTY TO BE INSURED,
IF THE INDIVIDUAL OR GROUP OF INDIVIDUALS IS NOT THE OWNER OF THE REAL
PROPERTY;
(2) THE REAL PROPERTY CONTAINING ANY RESIDENTIAL DWELLING UNITS THAT
MUST BE AFFORDABLE TO RESIDENTS AT A SPECIFIC INCOME LEVEL PURSUANT TO
STATUTE, REGULATIONS, RESTRICTIVE DECLARATION, OR PURSUANT TO A REGULA-
TORY AGREEMENT WITH A STATE OR LOCAL GOVERNMENT ENTITY; OR
(3) THE REAL PROPERTY OWNER OR THE RESIDENTS THEREIN RECEIVING GOVERN-
MENT HOUSING SUBSIDIES, INCLUDING THE RECEIPT OF FEDERAL VOUCHERS ISSUED
UNDER SECTION EIGHT OF THE UNITED STATES HOUSING ACT OF 1937 (42 U.S.C.
§ 1437F).
(B) NOTHING IN THIS SECTION SHALL PROHIBIT AN INSURER FROM REFUSING TO
ACCEPT AN APPLICATION FOR, CANCELING, REFUSING TO ISSUE, REFUSING TO
RENEW, OR INCREASING THE PREMIUM OF, AN INSURANCE POLICY AS A RESULT OF
UNDERWRITING OR RATING FACTORS, EXCEPT AS SPECIFIED IN SUBSECTION (A) OF
THIS SECTION OR AS OTHERWISE PROHIBITED BY THIS CHAPTER OR ANY OTHER
LAW.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
PART GG
Intentionally Omitted
S. 8308--B 79
PART HH
Section 1. Paragraph 1 of subsection (c) of section 109 of the insur-
ance law, as amended by section 1 of subpart B of part AA of chapter 57
of the laws of 2022, is amended to read as follows:
(1) (A) If the superintendent finds after notice and hearing that any
authorized insurer, representative of the insurer, licensed insurance
agent, licensed insurance broker, licensed adjuster, or any other person
or entity licensed, certified, registered, or authorized pursuant to
this chapter, has willfully violated the provisions of this chapter or
any regulation promulgated thereunder or with respect to accident and
health insurance, any provision of titles one or two of division BB of
the Consolidated Appropriations Act of 2021 (Pub. L. No. 116-260), as
may be amended from time-to-time, and any regulations promulgated there-
under, then the superintendent may order the person or entity to pay to
the people of this state a penalty in a sum not exceeding one thousand
dollars for each offense.
(B) IF THE SUPERINTENDENT FINDS AFTER NOTICE AND HEARING THAT ANY
AUTHORIZED INSURER OR REPRESENTATIVE THEREOF HAS WILLFULLY VIOLATED ANY
MENTAL HEALTH OR SUBSTANCE USE DISORDER PROVISION OF THIS CHAPTER OR ANY
REGULATION PROMULGATED THEREUNDER, OR THE FEDERAL PAUL WELLSTONE AND
PETE DOMENICI MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT OF 2008 (29
U.S.C. § 1185A) OR ANY REGULATION PROMULGATED THEREUNDER, THEN THE
SUPERINTENDENT MAY ORDER THE AUTHORIZED INSURER OR REPRESENTATIVE THERE-
OF TO PAY TO THE PEOPLE OF THIS STATE A PENALTY IN A SUM NOT EXCEEDING
TWO THOUSAND DOLLARS FOR EACH OFFENSE.
§ 2. This act shall take effect immediately.
PART II
Intentionally Omitted
PART JJ
Section 1. This act shall be known and may be cited as the "Consumer
and Small business Protection Act (CSPA)".
§ 2. Legislative findings and intent. The Legislature declares that
the State has a responsibility to protect individuals and businesses
within the State from unfair and abusive business acts and practices.
The Legislature further declares that the State's law, which guarded
only against deceptive business acts and practices, has been insuffi-
cient to meet this responsibility and has become out of date as other
states' laws provide far greater protections. Consumers and small busi-
nesses have long been vulnerable to unscrupulous business practices that
are unfair and abusive without being expressly deceptive. The State must
not allow bad actors to peddle predatory products and services as long
as they are clever enough not to get caught in a lie. To that end, and
to better level the playing field for the State's many honest busi-
nesses, this legislation defines unfair and abusive acts and practices
expansively.
The State must also ensure that this protection covers small busi-
nesses, which are frequent targets of predatory loans and other forms of
exploitation, along with all consumer transactions. This legislation
therefore rejects the limitation, imposed by courts, that prohibited
conduct be "consumer oriented," have an impact on the public at large,
S. 8308--B 80
or be part of a broader pattern. Consumers and small businesses are
entitled to redress whenever they are harmed by deceptive, unfair, or
abusive conduct.
For any of these protections to be meaningful, the State must ensure
that the remedies for prohibited conduct provide an effective deterrent.
This legislation therefore updates the statutory damages for violations
for the first time in decades, from $50 to $1,000, and allows meaningful
punitive damages for particularly egregious behavior. The Legislature
recognizes that unfair, deceptive, and abusive practices have a partic-
ular impact on poor individuals, people of color, and those affected by
natural disasters and health emergencies, including the COVID-19 pandem-
ic. For this reason, the State must ensure that limited resources not
prevent individuals and small businesses from seeking remedies. This
legislation therefore opens access to justice by making recovery of
attorney's fees mandatory for a prevailing plaintiff and authorizing
class actions.
Lastly, the legislature also finds that children are an inherently
vulnerable population, and that marketing unhealthy foods in a targeted
and persistent manner to this group is inconsistent with this state's
efforts to curb the disastrous health outcomes that follow the overcon-
sumption of these products. Such marketing is inherently misleading, as
children often lack the same ability to resist the rewarding cues
presented in unhealthy food marketing as adults. New York has a strong
and substantial interest in protecting our children from negative health
consequences. Additionally, the power of the state is at its greatest
when protecting the health and welfare of its citizens, especially those
most vulnerable. Thus, the legislature finds that unfair and deceptive
marketing targeted at children can mislead and manipulate children into
lifelong habits, and that such unfair and deceptive advertising should
be regulated accordingly.
§ 3. Section 349 of the general business law, as added by chapter 43
of the laws of 1970, subdivision (h) as amended by chapter 157 of the
laws of 1984, and subdivision (j) as added by section 6 of part HH of
chapter 55 of the laws of 2014, is amended to read as follows:
§ 349. [Deceptive acts] UNFAIR, DECEPTIVE, OR ABUSIVE ACTS and prac-
tices unlawful. (a) [Deceptive] ANY UNFAIR, DECEPTIVE OR ABUSIVE acts or
practices in the conduct of any business, trade or commerce or in the
furnishing of any service in this state are hereby declared unlawful.
(1) FOR THE PURPOSES OF THIS SECTION, AN ACT OR PRACTICE IS UNFAIR
WHEN IT CAUSES OR IS LIKELY TO CAUSE SUBSTANTIAL INJURY, THE INJURY IS
NOT REASONABLY AVOIDABLE, AND THE INJURY IS NOT OUTWEIGHED BY COUNTER-
VAILING BENEFITS.
(2) FOR THE PURPOSES OF THIS SECTION, AN ACT OR PRACTICE IS DECEPTIVE
WHEN THE ACT OR PRACTICE MISLEADS OR IS LIKELY TO MISLEAD A PERSON AND
THE PERSON'S INTERPRETATION IS REASONABLE UNDER THE CIRCUMSTANCES.
(3) FOR THE PURPOSES OF THIS SECTION, AN ACT OR PRACTICE IS ABUSIVE
WHEN:
(I) IT MATERIALLY INTERFERES WITH THE ABILITY OF A PERSON TO UNDER-
STAND A TERM OR CONDITION OF A PRODUCT OR SERVICE; OR
(II) TAKES UNREASONABLE ADVANTAGE OF:
(A) A PERSON'S LACK OF UNDERSTANDING OF THE MATERIAL RISKS, COSTS, OR
CONDITIONS OF THE PRODUCT OR SERVICE;
(B) A PERSON'S INABILITY TO PROTECT SUCH PERSON'S INTERESTS IN SELECT-
ING OR USING A PRODUCT OR SERVICE; OR
(C) A PERSON'S REASONABLE RELIANCE ON A PERSON COVERED BY THIS SECTION
TO ACT IN SUCH RELYING PERSON'S INTERESTS.
S. 8308--B 81
(b) Whenever the attorney general shall believe from evidence satis-
factory to [him] THE ATTORNEY GENERAL that any person, firm, corporation
or association or agent or employee thereof has engaged in or is about
to engage in any of the acts or practices stated to be UNFAIR, unlawful
[he], DECEPTIVE OR ABUSIVE, THE ATTORNEY GENERAL may bring an action in
the name and on behalf of the people of the state of New York to enjoin
such unlawful acts or practices and to obtain restitution of any moneys
or property obtained directly or indirectly by any such unlawful acts or
practices. In such action preliminary relief may be granted under arti-
cle sixty-three of the civil practice law and rules. SUCH ACTIONS MAY
BE BROUGHT REGARDLESS OF WHETHER OR NOT THE UNDERLYING VIOLATION IS
DIRECTED AT INDIVIDUALS OR BUSINESSES, IS CONSUMER-ORIENTED, OR INVOLVES
THE OFFERING OF GOODS, SERVICES, OR PROPERTY FOR PERSONAL, FAMILY OR
HOUSEHOLD PURPOSES.
(c) Before any violation of this section is sought to be enjoined, the
attorney general shall be required to give the person against whom such
proceeding is contemplated notice by certified mail and an opportunity
to show in writing within five business days after receipt of notice why
proceedings should not be instituted against [him] SUCH PERSON, unless
the attorney general shall find, in any case in which [he] THE ATTORNEY
GENERAL seeks preliminary relief, that to give such notice and opportu-
nity is not in the public interest.
(d) In any such action it shall be a complete defense that the act or
practice is, or if in interstate commerce would be, subject to and
complies with the rules and regulations of, and the statutes adminis-
tered by, the federal trade commission or any official department, divi-
sion, commission or agency of the United States as such rules, regu-
lations or statutes are interpreted by the federal trade commission or
such department, division, commission or agency or the federal courts.
(e) Nothing in this section shall apply to any television or radio
broadcasting station or to any publisher or printer of a newspaper,
magazine or other form of printed advertising, who broadcasts,
publishes, or prints the advertisement.
(f) In connection with any proposed proceeding under this section, the
attorney general is authorized to take proof and make a determination of
the relevant facts, and to issue subpoenas in accordance with the civil
practice law and rules.
(g) This section shall apply to all [deceptive] UNFAIR, DECEPTIVE, OR
ABUSIVE acts or practices [declared to be unlawful], whether or not
subject to any other law of this state, and shall not supersede, amend
or repeal any other law of this state under which the attorney general
is authorized to take any action or conduct any inquiry.
(h) (1) In addition to the right of action granted to the attorney
general pursuant to this section, any person who has been injured by
reason of any violation of this section may bring an action in [his]
SUCH PERSON'S own name to enjoin such unlawful act or practice, an
action to recover [his actual damages or fifty dollars, whichever is
greater, or both such actions] ONE THOUSAND DOLLARS AND SUCH PERSON'S
ACTUAL DAMAGES, IF ANY, OR BOTH SUCH ACTIONS. SUCH ACTIONS MAY BE
BROUGHT REGARDLESS OF WHETHER OR NOT THE UNDERLYING VIOLATION IS CONSUM-
ER-ORIENTED, HAS A PUBLIC IMPACT OR INVOLVES THE OFFERING OF GOODS,
SERVICES OR PROPERTY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. The
court may, in its discretion, increase the award of damages [to an
amount not to exceed three times the actual damages up to one thousand
dollars,] if the court finds the defendant willfully or knowingly
S. 8308--B 82
violated this section. The court [may] SHALL award reasonable attorney's
fees AND COSTS to a prevailing plaintiff.
[(j)] (I) FOR PURPOSES OF THIS SECTION, A "PERSON" IS DEFINED AS AN
INDIVIDUAL, FIRM, CORPORATION, PARTNERSHIP, COOPERATIVE, ASSOCIATION,
COALITION OR ANY OTHER ORGANIZATION'S LEGAL ENTITY, OR GROUP OF INDIVID-
UALS HOWEVER ORGANIZED;
(II) FOR PURPOSES OF THIS SECTION "NON-PROFIT ORGANIZATION" IS DEFINED
AS AN ORGANIZATION THAT IS (A) NOT AN INDIVIDUAL; AND (B) IS NEITHER
ORGANIZED NOR OPERATING IN WHOLE, OR IN SIGNIFICANT PART, FOR PROFIT;
(III) GIVEN THE REMEDIAL NATURE OF THIS SECTION, STANDING TO BRING AN
ACTION UNDER THIS SECTION, INCLUDING BUT NOT LIMITED TO ORGANIZATIONAL
STANDING AND THIRD-PARTY STANDING, SHALL BE LIBERALLY CONSTRUED AND
SHALL BE AVAILABLE TO THE FULLEST EXTENT OTHERWISE PERMITTED BY LAW.
(2) ANY INDIVIDUAL OR NON-PROFIT ORGANIZATION ENTITLED TO BRING AN
ACTION UNDER THIS ARTICLE MAY, IF THE PROHIBITED ACT OR PRACTICE HAS
CAUSED DAMAGE TO OTHERS SIMILARLY SITUATED, BRING AN ACTION ON BEHALF OF
SUCH INDIVIDUAL OR NON-PROFIT ORGANIZATION AND SUCH OTHERS TO RECOVER
ACTUAL, STATUTORY AND/OR PUNITIVE DAMAGES OR OBTAIN OTHER RELIEF AS
PROVIDED FOR IN THIS ARTICLE. STATUTORY DAMAGES UNDER THIS SECTION WILL
BE LIMITED TO (I) SUCH AMOUNT FOR EACH NAMED PLAINTIFF AS COULD BE
RECOVERED UNDER PARAGRAPH ONE OF THIS SUBDIVISION; AND (II) SUCH AMOUNT
AS THE COURT MAY ALLOW FOR ALL OTHER CLASS MEMBERS WITHOUT REGARD TO A
MINIMUM INDIVIDUAL RECOVERY, NOT TO EXCEED THE LESSER OF ONE MILLION
DOLLARS OR TWO PER CENTUM OF THE NET WORTH OF THE BUSINESS. THUS, ANY
ACTION BROUGHT UNDER THIS SUBDIVISION SHALL COMPLY WITH ARTICLE NINE OF
THE CIVIL PRACTICE LAW AND RULES.
(3) A NON-PROFIT ORGANIZATION MAY BRING AN ACTION UNDER THIS SECTION,
ON BEHALF OF ITSELF OR ANY OF ITS MEMBERS, OR ON BEHALF OF THOSE MEMBERS
OF THE GENERAL PUBLIC WHO HAVE BEEN INJURED BY REASON OF ANY VIOLATION
OF THIS SECTION, INCLUDING A VIOLATION INVOLVING GOODS OR SERVICES THAT
THE NON-PROFIT ORGANIZATION PURCHASED OR RECEIVED IN ORDER TO TEST OR
EVALUATE QUALITIES PERTAINING TO USE FOR PERSONAL, HOUSEHOLD, OR FAMILY
PURPOSES. A NON-PROFIT ORGANIZATION MAY SEEK THE SAME REMEDIES AND
DAMAGES THAT A PERSON MAY SEEK UNDER PARAGRAPH ONE OF THIS SUBDIVISION.
(4) AT LEAST THIRTY DAYS BEFORE ANY PERSON OTHER THAN THE ATTORNEY
GENERAL MAY BRING AN ACTION PURSUANT TO PARAGRAPH ONE OF SUBDIVISION (H)
OF THIS SECTION, SUCH PERSON SHALL SEND THE PARTY AGAINST WHOM ANY SUCH
ACTION IS CONTEMPLATED, THE "RESPONDENT", NOTICE BY CERTIFIED MAIL TO
THE RESPONDENT'S PLACE OF BUSINESS. SUCH NOTICE MUST REASONABLY DESCRIBE
THE UNFAIR, DECEPTIVE, OR ABUSIVE ACTS OR PRACTICES AT ISSUE, STATE A
DEMAND FOR RELIEF, AND INCLUDE THE SENDER'S MAILING ADDRESS OR E-MAIL
ADDRESS.
(5) A RESPONDENT RECEIVING NOTICE PURSUANT TO PARAGRAPH FOUR OF THIS
SUBDIVISION MAY, WITHIN TEN DAYS OF DELIVERY OF SUCH NOTICE, MAKE A
WRITTEN TENDER OF SETTLEMENT BY CERTIFIED MAIL OR BY E-MAIL, IF PROVIDED
IN THE NOTICE. IF SUCH RELIEF IS REJECTED, IN ANY SUBSEQUENT ACTION ON
THE BASIS OF THE NOTICED CONDUCT, THE RESPONDENT MAY FILE THE WRITTEN
TENDER OF SETTLEMENT WITH AN AFFIDAVIT CONCERNING ITS REJECTION AND IF
SUCH SETTLEMENT IS DEEMED COMPLETE RELIEF BY THE COURT OR TRIBUNAL, THE
COURT OR TRIBUNAL MAY LIMIT ANY RECOVERY TO THE RELIEF TENDERED THEREIN.
A SETTLEMENT SHALL BE DEEMED COMPLETE ONLY IF THE RESPONDENT PROVIDES
STATUTORY DAMAGES, ACTUAL DAMAGES, IF ANY, AND CORRECTS AND PERMANENTLY
CEASES SUCH ACTS OR PRACTICES DESCRIBED IN THE NOTICE AS TO ALL OTHER
IMPACTED PERSONS, AND IF SUCH SETTLEMENT WAS FILED WITH THE ATTORNEY
GENERAL IN ACCORDANCE WITH PARAGRAPH SEVEN OF THIS SUBDIVISION.
S. 8308--B 83
(6) A NOTICE PURSUANT TO PARAGRAPH FOUR OF THIS SUBDIVISION SHALL NOT
BE REQUIRED PRIOR TO THE FILING OF AN ACTION IF:
(I) SUCH ACTION IS BROUGHT AS A COUNTERCLAIM OR CROSSCLAIM;
(II) THE SENDING OF SUCH NOTICE WOULD CAUSE IMMEDIATE AND IRREPARABLE
INJURY, LOSS, OR DAMAGES;
(III) THE PERSON BRINGING THE ACTION IS NOT REPRESENTED BY AN ATTOR-
NEY;
(IV) A MAILING ADDRESS FOR THE RESPONDENT IS NOT REASONABLY DISCERNA-
BLE;
(V) FILING SUIT IS NECESSARY TO PREVENT THE EXPIRATION OF THE STATUTE
OF LIMITATIONS;
(VI) THE RESPONDENT HAS PREVIOUSLY BEEN THE SUBJECT OF AN ACTION BY
THE ATTORNEY GENERAL FOR SUBSTANTIALLY SIMILAR CONDUCT;
(VII) THE RESPONDENT HAS ALREADY RECEIVED A NOTICE PURSUANT TO PARA-
GRAPH FOUR OF THIS SUBDIVISION FOR SUBSTANTIALLY SIMILAR CONDUCT; OR
(VIII) THERE ARE OTHER EXIGENT CIRCUMSTANCES.
(7) ANY RESPONDENT SEEKING TO TENDER SETTLEMENT PURSUANT TO PARAGRAPH
FIVE OF THIS SUBDIVISION SHALL FILE DOCUMENTATION OF SUCH OFFER, ALONG
WITH THE UNDERLYING NOTICE PROVIDED TO THE RESPONDENT PURSUANT TO PARA-
GRAPH FOUR, WITH THE ATTORNEY GENERAL. THE ATTORNEY GENERAL SHALL
PROMULGATE REGULATIONS ESTABLISHING THE PROCESS FOR FILING SUCH NOTICES
AND RESPONSES IN THE STATE REGISTER. THE ATTORNEY GENERAL MAY AMEND THE
PROCESS FOR FILING SUCH NOTICES AND RESPONSES AT ANY TIME.
(8) A FAILURE BY A RESPONDENT TO FILE WITH THE ATTORNEY GENERAL PURSU-
ANT TO PARAGRAPH SEVEN OF THIS SUBDIVISION WITHIN SEVEN DAYS OF DELIVER-
ING A RESPONSE TO A NOTICE SENT PURSUANT TO PARAGRAPH FOUR OF THIS
SUBDIVISION SHALL ITSELF BE CONSIDERED A VIOLATION OF THIS SECTION
SUBJECT TO AN ACTION BROUGHT BY THE ATTORNEY GENERAL THROUGH SUBDIVISION
B OF THIS SECTION, PROVIDED, HOWEVER, THAT ANY FAILURE FILED WITH THE
ATTORNEY GENERAL PRIOR TO THE ATTORNEY GENERAL HAVING ESTABLISHED A
PROCESS FOR SUCH FILING SHALL NOT BE ACTIONABLE. A VIOLATION FOR FAILURE
TO FILE ON TIME SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE
HUNDRED DOLLARS FOR EACH DAY SUCH VIOLATION CONTINUES, IN ADDITION TO
ANY OTHER PENALTIES AVAILABLE UNDER THIS SECTION FOR PROHIBITED ACTS OR
PRACTICES.
(I) Notwithstanding any law to the contrary, all monies recovered or
obtained under this article by a state agency or state official or
employee acting in their official capacity shall be subject to subdivi-
sion eleven of section four of the state finance law.
(J) THIS SECTION IS INTENDED TO EXPAND AND NOT TAKE AWAY EXISTING
CONSUMER RIGHTS.
§ 4. Section 350-a of the general business law is amended by adding
three new subdivisions 4, 5 and 6 to read as follows:
4. IN DETERMINING WHETHER ANY ADVERTISING CONCERNING A FOOD OR FOOD
PRODUCT IS FALSE OR MISLEADING, FACTORS SHALL INCLUDE, BUT NOT BE LIMIT-
ED TO:
(A) WHETHER THE ADVERTISEMENT TARGETS A CONSUMER WHO IS REASONABLY
UNABLE TO PROTECT THEIR INTERESTS BECAUSE OF THEIR AGE, PHYSICAL INFIRM-
ITY, IGNORANCE, ILLITERACY, INABILITY TO UNDERSTAND THE LANGUAGE OF AN
AGREEMENT, OR SIMILAR FACTOR.
(B) WHETHER THE ADVERTISEMENT IS AN UNFAIR, DECEPTIVE OR ABUSIVE ACT
OR PRACTICE PURSUANT TO SUBDIVISION (A) OF SECTION THREE HUNDRED FORTY-
NINE OF THIS ARTICLE.
(C) FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISION FIVE OF THIS
SECTION, A "CONSUMER" IS DEFINED AS A PERSON WHO IS TARGETED BY AN
ADVERTISEMENT, OR THOSE ACTING ON SUCH A PERSON'S BEHALF.
S. 8308--B 84
5. FOR PURPOSES OF PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS SECTION,
SPECIAL CONSIDERATION SHALL BE GIVEN TO ADVERTISEMENTS DIRECTED AT A
CHILD AS DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL
SERVICES LAW. IN DETERMINING WHETHER AN ADVERTISEMENT CONCERNING A FOOD
OR FOOD PRODUCT IS DIRECTED AT A CHILD, FACTORS SHALL INCLUDE, BUT NOT
BE LIMITED TO:
(A) SUBJECT MATTER;
(B) VISUAL CONTENT;
(C) USE OF ANIMATED CHARACTERS OR CHILD-ORIENTED ACTIVITIES AND INCEN-
TIVES;
(D) MUSIC OR OTHER AUDIO CONTENT;
(E) AGE OF MODELS;
(F) PRESENCE OF CHILD CELEBRITIES OR CELEBRITIES WHO APPEAL TO CHIL-
DREN;
(G) LANGUAGE;
(H) COMPETENT AND RELIABLE EMPIRICAL EVIDENCE REGARDING AUDIENCE
COMPOSITION AND EVIDENCE REGARDING THE INTENDED AUDIENCE;
(I) PHYSICAL LOCATION OF ADVERTISEMENT, INCLUDING, BUT NOT LIMITED TO,
PROXIMITY TO SCHOOLS OR OTHER INSTITUTIONS FREQUENTED BY CHILDREN;
(J) MEDIUM BY WHICH THE ADVERTISEMENT IS COMMUNICATED, INCLUDING, BUT
NOT LIMITED TO, SOCIAL MEDIA; OR
(K) OTHER SIMILAR FACTORS.
§ 5. Section 202-a of the agriculture and markets law is amended by
adding a new subdivision 4 to read as follows:
4. IN DETERMINING WHETHER A VIOLATION OF THIS SECTION HAS OCCURRED,
THE COURT SHALL CONSIDER FACTORS AND SPECIAL CONSIDERATION GIVEN TO
ADVERTISING DIRECTED AT A CHILD PURSUANT TO SECTION THREE HUNDRED
FIFTY-A OF THE GENERAL BUSINESS LAW.
§ 6. Subdivision 1 of section 2599-b of the public health law, as
amended by section 1 of part A of chapter 469 of the laws of 2015, is
amended to read as follows:
1. The program shall be designed to prevent and reduce the incidence
and prevalence of obesity in children and adolescents, especially among
populations with high rates of obesity and obesity-related health
complications including, but not limited to, diabetes, heart disease,
cancer, osteoarthritis, asthma, emphysema, chronic bronchitis, other
chronic respiratory diseases and other conditions. The program shall use
recommendations and goals of the United States departments of agricul-
ture and health and human services, the surgeon general and centers for
disease control and prevention in developing and implementing guidelines
for nutrition education and physical activity projects as part of obesi-
ty prevention efforts. The content and implementation of the program
shall stress the benefits of choosing a balanced, healthful diet from
the many options available to consumers[, without specifically targeting
the elimination of any particular food group, food product or food-re-
lated industry] WHILE SPECIFICALLY INCLUDING EDUCATION ON ACCESS AND THE
NUTRITIONAL VALUE OF LOCALLY GROWN FOODS AND FOOD PRODUCTS INCLUDING,
BUT NOT LIMITED TO DAIRY, FRUIT AND VEGETABLE FOOD PRODUCTS. THE PROGRAM
SHALL COOPERATE WITH THE DEPARTMENT OF AGRICULTURE AND MARKETS TO ADD
ACCESS TO LOCALLY GROWN FOODS AND FOOD PRODUCTS INCLUDING, BUT NOT
LIMITED TO DAIRY, FRUIT AND VEGETABLE FOOD PRODUCTS WITHIN THE GUIDE-
LINES AND FRAMEWORK OF THE PROGRAM.
§ 7. Severability. If any part or provision of this act or its appli-
cation to a person is held invalid, the invalidity of that part,
provision or application does not affect other parts, provisions or
S. 8308--B 85
applications of this act that can be given effect without the invalid
provision or application.
§ 8. This act shall take effect on the sixtieth day after it shall
have become a law.
PART KK
Section 1. The opening paragraph and paragraphs (h) and (i) of subdi-
vision 2 of section 103-a of the public officers law, as added by
section 2 of part WW of chapter 56 of the laws of 2022, are amended and
a new paragraph (j) is added to read as follows:
A public body may, in its discretion, use videoconferencing to conduct
its meetings pursuant to the requirements of this article provided that
a minimum number of members are present to fulfill the public body's
quorum requirement in the same physical location or locations where the
public can attend, EXCEPT THAT IN THE CASE OF AN ADVISORY BODY, ONE
QUARTER OF THE MEMBERS AND THE RELEVANT PRESIDING OFFICER MUST BE PRES-
ENT IN SUCH PHYSICAL LOCATION OR LOCATIONS, and the following criteria
are met:
(h) if videoconferencing is used to conduct a meeting, the public body
shall provide the opportunity for members of the public to view such
meeting via video, and to participate in proceedings via videoconference
in real time where public comment or participation is authorized and
shall ensure that videoconferencing authorizes the same public partic-
ipation or testimony as in person participation or testimony; [and]
(i) a local public body electing to utilize videoconferencing to
conduct its meetings must maintain an official website[.]; AND
(J) FOR THE PURPOSES OF THIS SECTION, AN "ADVISORY BODY" SHALL BE
DEFINED AS AN ENTITY THAT IS INVOLVED IN AN ADVISORY CAPACITY ONLY;
INCLUDING BUT NOT LIMITED TO ENGAGEMENT IN POLICY DEVELOPMENT, PROGRAM
PLANNING, AND PROGRAM EVALUATION, AND THAT MAY OR MAY NOT VOTE TO DETER-
MINE A FINAL POLICY OR PROGRAMMATIC OUTCOME, INCLUDING BUT NOT LIMITED
TO A COMMUNITY BOARD IN A CITY WITH A POPULATION OF ONE MILLION OR MORE.
§ 2. Section 4 of part WW of chapter 56 of the laws of 2022 amending
the public officers law relating to permitting videoconferencing and
remote participation in public meetings under certain circumstances, is
amended to read as follows:
§ 4. This act shall take effect immediately and shall expire and be
deemed repealed July 1, [2024] 2026.
§ 3. This act shall take effect immediately; provided, however, that
the amendments to subdivision 2 of section 103-a of the public officers
law made by section one of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.
PART LL
Section 1. Paragraph 2 of subsection (f) of section 1308 of the insur-
ance law, as amended by section 2 of chapter 802 of the laws of 1985, is
amended to read as follows:
(2) Any domestic life insurance company proposing to assume by rein-
surance all or any part of the business in force, other than portions of
individual risks, of any domestic, foreign or alien life insurance
company, fraternal benefit society or other organization having
outstanding policies or certificates of life insurance or accident and
health insurance or annuity contracts shall make written application to
the superintendent for permission to do so. If after due consideration
S. 8308--B 86
the superintendent is satisfied that the proposed reinsurance will not
prejudice the interests of the policyholders of either the applicant or
the companies [which] THAT are members of The Life Insurance Guaranty
Corporation or of The Life AND HEALTH Insurance Company Guaranty Corpo-
ration of New York, [he] THE SUPERINTENDENT shall grant the permission.
§ 2. Paragraph 1 of subsection (a) of section 7434 of the insurance
law, as amended by chapter 134 of the laws of 1999, is amended to read
as follows:
(1) Upon the recommendation of the superintendent, and under the
direction of the court, distribution payments shall be made in a manner
that will assure the proper recognition of priorities and a reasonable
balance between the expeditious completion of the liquidation and the
protection of unliquidated and undetermined claims. The priority of
distribution of claims from an insolvent [property/casualty] insurer
OTHER THAN A LIFE INSURER in any proceeding subject to this article
shall be in accordance with the order in which each class of claims is
set forth in this paragraph and as provided in this paragraph. Every
claim in each class shall be paid in full or adequate funds retained for
such payment before the members of the next class receive any payment.
No subclasses shall be established within any class. No claim by a
shareholder, policyholder or other creditor shall be permitted to
circumvent the priority classes through the use of equitable remedies.
The order of distribution of claims shall be:
[(i)] (A) Class one. Claims with respect to the actual and necessary
costs and expenses of administration, incurred by the liquidator, reha-
bilitator or conservator under this article.
[(ii)] (B) Class two. All claims under policies including such claims
of the federal or any state or local government for losses incurred,
third party claims, claims for unearned premiums, and all claims of a
security fund, guaranty association or the equivalent except claims
arising under reinsurance contracts.
[(iii)] (C) Class three. Claims of the federal government except those
under class two above.
[(iv)] (D) Class four. Claims for wages owing to employees of an
insurer against whom a proceeding under this article is commenced for
services rendered within one year before commencement of the proceeding,
not exceeding one thousand two hundred dollars to each employee, and
claims for unemployment insurance contributions required by article
eighteen of the labor law. Such priority shall be in lieu of any other
similar priority which may be authorized by law.
[(v)] (E) Class five. Claims of state and local governments except
those under class two above.
[(vi)] (F) Class six. Claims of general creditors including, but not
limited to, claims arising under reinsurance contracts.
[(vii)] (G) Class seven. Claims filed late or any other claims other
than claims under class eight or class nine below.
[(viii)] H) Class eight. Claims for advanced or borrowed funds made
pursuant to section one thousand three hundred seven of this chapter.
[(ix)] (I) Class nine. Claims of shareholders or other owners in their
capacity as shareholders.
§ 3. Paragraphs 1 and 4 of subsection (a) of section 7435 of the
insurance law, as added by chapter 802 of the laws of 1985, are amended
to read as follows:
(1) Class one. Claims with respect to the actual and necessary costs
and expenses of administration, incurred by the liquidator, rehabilita-
tor, conservator or ancillary rehabilitator under this article, or by
S. 8308--B 87
The Life Insurance Guaranty Corporation or The Life AND HEALTH Insurance
Company Guaranty Corporation of New York, and claims described in
subsection (d) of section seven thousand seven hundred thirteen of this
chapter.
(4) Class four. All claims under insurance policies, annuity contracts
and funding agreements, and all claims of The Life AND HEALTH Insurance
Company Guaranty Corporation of New York or any other guaranty corpo-
ration or association of this state or another jurisdiction, other than
[(i)] claims provided for in paragraph one of this subsection[,] and
[(ii)] claims for interest.
§ 4. Paragraph 2 of subsection (c) of section 7709 of the insurance
law, as amended by section 10 of subpart D of part Y of chapter 57 of
the laws of 2023, is amended to read as follows:
(2) The amount of any class B or class C assessment, except for
assessments related to long-term care insurance, shall be allocated for
assessment purposes among the accounts in the proportion that the premi-
ums received by the impaired or insolvent insurer on the policies or
contracts covered by each account for the last calendar year preceding
the assessment in which the impaired or insolvent insurer received
premiums bears to the premiums received by such insurer for such calen-
dar year on all covered policies. The amount of any class B or class C
assessment for long-term care insurance written by the impaired or
insolvent insurer shall be allocated according to a methodology included
in the plan of operation and approved by the superintendent. The meth-
odology shall provide for fifty percent of the assessment to be allo-
cated to health insurance company member insurers and fifty percent to
be allocated to life insurance company member insurers; provided, howev-
er, that a property/casualty insurer that writes health insurance shall
be considered a health insurance company member for this purpose. Class
B and class C assessments against member insurers for each account shall
be in the proportion that the premiums received on business in this
state by each assessed member insurer on policies covered by each
account for the three calendar years preceding the assessment bears to
such premiums received on business in this state for such calendar years
by all assessed member insurers. CLASS B AND CLASS C ASSESSMENTS
AGAINST MEMBER INSURERS FOR THE HEALTH INSURANCE ACCOUNT SHALL BE
FURTHER REDUCED FOR NOT-FOR-PROFIT MEMBER INSURERS PURSUANT TO A METHOD-
OLOGY INCLUDED IN THE PLAN OF OPERATION AND APPROVED BY THE SUPERINTEN-
DENT. SUCH METHODOLOGY SHALL OFFSET THE ASSESSMENTS IMPOSED ON NOT-FOR-
PROFIT MEMBER INSURERS IN A MANNER THAT HAS AN EQUIVALENT IMPACT AS THE
TAX CREDITS APPLICABLE TO MEMBER FOR-PROFIT INSURERS PURSUANT TO THIS
ARTICLE.
§ 5. Section 7712 of the insurance law, as added by chapter 802 of the
laws of 1985, subsection (a) as amended by section 11 of subpart D of
part Y of chapter 57 of the laws of 2023, is amended to read as follows:
§ 7712. Credits for assessments paid. (a) The superintendent shall
annually[, within six months following the close of each calendar year,
furnish to the commissioner of taxation and finance and the director of
the division of the budget a statement of operations for the life insur-
ance guaranty corporation and the life and health insurance company
guaranty corporation of New York. Such statement shall show the assess-
ments, less any refunds or reimbursements thereof, paid by each insur-
ance company pursuant to the provisions of article seventy-five or]
ISSUE A CERTIFICATE OF TAX CREDIT FOR NET CLASS A ASSESSMENTS PAID, AND
A SEPARATE CERTIFICATE OF TAX CREDIT FOR TOTAL NET CLASS B AND CLASS C
ASSESSMENTS PAID, AS SUCH ASSESSMENTS ARE DESCRIBED IN section seven
S. 8308--B 88
thousand seven hundred nine of this article, [for the purposes of meet-
ing the requirements of this chapter. Each statement, starting with the
statement furnished in the year nineteen hundred eighty-six and ending
with the statement furnished in the year two thousand, shall show the
annual activity for every year commencing from nineteen hundred eighty-
five through the most recently completed year. Each statement furnished
in each year after the year two thousand shall reflect such assessments
paid during the preceding fifteen calendar years. The superintendent
shall also furnish a copy of such statement to each such] TO AN insur-
ance company THAT IS REQUIRED TO FILE A TAX RETURN PURSUANT TO ARTICLE
THIRTY-THREE OF THE TAX LAW. THE SUPERINTENDENT SHALL ISSUE SUCH
CERTIFICATES BY JANUARY THIRTY-FIRST OF THE YEAR FOLLOWING THE YEAR IN
WHICH THE CLASS A, B, AND C ASSESSMENTS ARE PAID OR TO WHICH THEY ARE
ALLOCATED PURSUANT TO THE PROVISIONS OF SUBSECTION (C) OF THIS SECTION.
FOR THE PURPOSES OF THIS SECTION, AN INSURANCE COMPANY'S "NET CLASS A
ASSESSMENTS PAID" SHALL MEAN ITS GROSS CLASS A ASSESSMENTS PAID PURSUANT
TO THE PROVISIONS OF ARTICLE SEVENTY-FIVE OR SECTION SEVEN THOUSAND
SEVEN HUNDRED NINE OF THIS ARTICLE, LESS ANY REFUNDS, RECOVERIES, OR
REIMBURSEMENTS, AND AN INSURANCE COMPANY'S "TOTAL NET CLASS B AND CLASS
C ASSESSMENTS PAID" SHALL MEAN ITS GROSS CLASS B AND CLASS C ASSESSMENTS
PAID PURSUANT TO THE PROVISIONS OF ARTICLE SEVENTY-FIVE OR SECTION SEVEN
THOUSAND SEVEN HUNDRED NINE OF THIS ARTICLE, LESS ANY REFUNDS, RECOV-
ERIES, OR REIMBURSEMENTS.
(b) The [maximum authorized] CERTIFICATES OF TAX credit [for each
company in respect of the assessments paid during the most recent calen-
dar year covered by such statement] shall [be] SET FORTH THE AMOUNT OF
TAX CREDIT AN INSURANCE COMPANY MAY CLAIM as follows:
(1) [if the sum of the net assessments paid by all companies in the
period reported on in the statement of operations required to be
furnished by the superintendent pursuant to the provisions of subsection
(a) of this section is less than one hundred million dollars, no such
credits shall be authorized] FOR NET CLASS A ASSESSMENTS, THE ELIGIBLE
CREDIT AMOUNT SHALL BE EQUAL TO THE PRODUCT OF EIGHTY PER CENTUM AND THE
COMPANY'S NET CLASS A ASSESSMENTS PAID; AND
(2) [(A) if the sum of such net assessments exceeds one hundred
million dollars, the maximum authorized credit for each company with
respect to net assessments paid by such company in any year shall be the
excess, if any, of (i) over (ii), where (i) is the sum of such company's
tentative cross-over year credit and its tentative credits for subse-
quent years, both as determined pursuant to subparagraphs (B) and (C) of
this paragraph, and (ii) is the sum of the maximum credits theretofore
authorized for the years covered by such statement, to and including the
most recently completed year, determined with reference to the periods
covered by all prior such statements.
(B) Such company's tentative cross-over year credit shall be eighty
per centum of the product of (i) and (ii), where (i) is the sum of
assessments paid by such company during the cross-over year, and (ii) is
a fraction, the numerator of which is the excess over one hundred
million dollars of the sum of net assessments paid by all companies
during such period and the denominator of which is the sum of net
assessments paid by such companies during the cross-over year. For
purposes of this paragraph, the cross-over year is the first year during
the period covered by such statement in which the net assessments paid
by all companies during such period exceeded one hundred million dollars
in whole or in part.
S. 8308--B 89
(C) Such company's tentative credit for each year subsequent to the
cross-over year shall be eighty per centum of the net assessments paid
by such company during such year.
(3) For the purposes of this section, net assessments means gross
assessments, less any recoveries or reimbursements, paid during the
period covered by the most recent statement of operations furnished by
the superintendent pursuant to the provisions of subsection (a) of this
section] FOR TOTAL NET CLASS B AND CLASS C ASSESSMENTS, THE ELIGIBLE
CREDIT AMOUNT SHALL BE EQUAL TO THE PRODUCT OF EIGHTY PER CENTUM AND THE
COMPANY'S TOTAL NET CLASS B AND CLASS C ASSESSMENTS PAID, SUBJECT TO
SUBSECTION (C) OF THIS SECTION.
(C)(1) THE AGGREGATE AMOUNT OF TAX CREDITS PURSUANT TO THIS SECTION
FOR TOTAL NET CLASS B AND CLASS C ASSESSMENTS IN EACH CALENDAR YEAR
SHALL NOT EXCEED ONE HUNDRED FIFTY MILLION DOLLARS. THE AGGREGATE TAX
CREDIT AMOUNT SHALL BE ALLOCATED ANNUALLY BY THE SUPERINTENDENT ON A PRO
RATA BASIS TO EACH COMPANY REQUIRED TO FILE A TAX RETURN PURSUANT TO
ARTICLE THIRTY-THREE OF THE TAX LAW.
(2) THE SUPERINTENDENT SHALL ALLOCATE ANY TAX CREDIT AMOUNT THAT
EXCEEDS THE ANNUAL CREDIT CAP OF ONE HUNDRED FIFTY MILLION DOLLARS TO
THE FOLLOWING CALENDAR YEAR AND INCLUDE SUCH AMOUNT WITHIN THE CALCU-
LATION OF THE ELIGIBLE CREDIT AMOUNT SUBJECT TO THE AGGREGATE CREDIT
AMOUNT FOR THE SUCCEEDING CALENDAR YEAR BY THE SUPERINTENDENT.
(3) FOR COMPANIES ISSUED A CERTIFICATE OF TAX CREDIT FOR TOTAL NET
CLASS B AND CLASS C ASSESSMENTS, SUCH ANNUAL CERTIFICATE SHALL SET FORTH
AN AMOUNT EQUAL TO THIRTY-THREE AND ONE-THIRD PER CENTUM OF THE AMOUNT
CALCULATED UNDER SUBSECTION (B) OF THIS SECTION AND ALLOCATED PURSUANT
TO PARAGRAPH ONE OF THIS SUBSECTION. THE AMOUNT ON THE CERTIFICATE OF
TAX CREDIT SHALL BE ELIGIBLE TO BE CLAIMED IN THE TAXABLE YEAR THAT
BEGINS IN THE CALENDAR YEAR THAT SUCH CERTIFICATE IS ISSUED. THIRTY-
THREE AND ONE-THIRD PER CENTUM OF SUCH AMOUNT SHALL BE ELIGIBLE TO BE
CLAIMED IN EACH OF THE TWO TAXABLE YEARS FOLLOWING SUCH TAXABLE YEAR.
(D)(1) THE SUPERINTENDENT SHALL, IN CONSULTATION WITH THE COMMISSIONER
OF TAXATION AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT FOR NET
CLASS A ASSESSMENTS, AND A CERTIFICATE OF TAX CREDIT FOR TOTAL NET CLASS
B AND CLASS C ASSESSMENTS. EACH CERTIFICATE SHALL CONTAIN SUCH INFORMA-
TION AS REQUIRED BY THE COMMISSIONER OF TAXATION AND FINANCE, INCLUDING
A CERTIFICATE DATE.
(2) THE SUPERINTENDENT SHALL SOLELY DETERMINE THE TAX CREDIT ELIGIBIL-
ITY OF ANY INSURANCE COMPANY AND SHALL REVOKE ANY CERTIFICATE OF TAX
CREDIT ISSUED TO AN INSURANCE COMPANY THAT NO LONGER QUALIFIES FOR A TAX
CREDIT. THE SUPERINTENDENT SHALL MODIFY THE AMOUNT OF THE CREDIT SHOWN
ON ANY SUCH CERTIFICATE IF THE SUPERINTENDENT DETERMINES THAT THE AMOUNT
CERTIFIED UNDER SUBSECTION (B) OF THIS SECTION WAS NOT COMPUTED PROPERLY
PURSUANT TO THIS SECTION.
(3) TO BE ISSUED A CERTIFICATE OF TAX CREDIT BY THE SUPERINTENDENT,
EACH INSURANCE COMPANY SHALL:
(A) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE
INSURANCE COMPANY'S TAX INFORMATION RELEVANT TO THE ADMINISTRATION OF
THIS SECTION WITH THE SUPERINTENDENT. HOWEVER, ANY INFORMATION SHARED
WITH THE SUPERINTENDENT AS A RESULT OF THIS SECTION SHALL NOT BE AVAIL-
ABLE FOR PUBLIC DISCLOSURE OR INSPECTION UNDER ARTICLE SIX OF THE PUBLIC
OFFICERS LAW;
(B) ALLOW THE SUPERINTENDENT AND THE CORPORATION ACCESS TO ANY AND ALL
BOOKS AND RECORDS THE SUPERINTENDENT OR CORPORATION MAY REQUIRE TO MONI-
TOR COMPLIANCE WITH THIS SECTION; AND
S. 8308--B 90
(C) AGREE TO PROVIDE ANY ADDITIONAL INFORMATION REQUIRED BY THE SUPER-
INTENDENT RELEVANT TO THIS SECTION.
§ 6. Subdivision (f) of section 1511 of the tax law, as amended by
chapter 803 of the laws of 1985, paragraph 1 as amended by chapter 217
of the laws 2012, subparagraph (B) of paragraph 3 as further amended by
section 104 of part A of chapter 62 of the laws of 2011 and paragraph 5
as amended by section 9 of part H3 of chapter 62 of the laws of 2003, is
amended to read as follows:
(f) Credit relating to life AND HEALTH insurance guaranty corporation
assessments. [A] (1) ALLOWANCE OF CREDIT. FOR TAXABLE YEARS BEGINNING
ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, A credit shall be
allowed against the tax imposed pursuant to this article (other than
section fifteen hundred five-a of this article)[, for a portion of the
assessments paid by a taxpayer pursuant to article seventy-five or
section seven thousand seven hundred nine of the insurance law. The
credit shall be determined in accordance with the following provisions]
AS HEREINAFTER PROVIDED.
[(1)] (2) AMOUNT OF CREDIT. The [maximum authorized] AMOUNT OF THE
credit for each taxpayer shall [be determined as provided in] EQUAL THE
AMOUNT SHOWN ON THE CERTIFICATE OF TAX CREDIT, OR THE AMOUNTS SHOWN ON
SUCH CERTIFICATES, ISSUED TO SUCH TAXPAYER PURSUANT TO section seven
thousand seven hundred twelve of the insurance law. WITH RESPECT TO
EACH SUCH CERTIFICATE, THE AMOUNT OF THE CREDIT MUST BE CLAIMED IN THE
TAXABLE YEAR THAT BEGINS IN THE CALENDAR YEAR THAT SUCH CERTIFICATE IS
ISSUED.
[(2) Thirty-three and one-third per centum of the maximum authorized
credit for the second calendar year preceding the taxable year, plus any
amount carried forward under subparagraph (C) of paragraph three of this
subdivision or paragraph four of this subdivision, shall be allowed as a
credit under this subdivision for such taxable year, and thirty-three
and one third per centum of such maximum authorized credit for such
second preceding calendar year, plus any amount carried forward under
subparagraph (C) of this subdivision or paragraph four of this subdivi-
sion, shall be allowed in each of the two taxable years following such
taxable year.]
(3) [(A) For each calendar year for which a credit has been authorized
pursuant to section seven thousand seven hundred twelve of the insurance
law, the commissioner of taxation and finance shall determine the total
tax liability of all life insurance corporations under this article,
other than under section fifteen hundred five-a of this article, before
the application of any credits allowed pursuant to this section, for
taxable years beginning in such calendar year. Such total tax liability
shall be published in the state register on or before the thirtieth day
of September of the next succeeding calendar year.
(B) The credit allowed under paragraph two of this subdivision for
each taxpayer shall not exceed the product of (x) and (y) where (x) is a
fraction, the numerator of which is the sum of the gross assessments
paid by the particular taxpayer during the calendar year for which the
credit has been authorized and the denominator of which is the sum of
the gross assessments paid by all companies during such year, both as
shown in the most recent statement of operations furnished by the super-
intendent of financial services under subsection (a) of section seven
thousand seven hundred twelve of the insurance law and both the numera-
tor and denominator being reduced, as appropriate, by any refunds or
reimbursements and (y) is the greater of (i) forty per centum of the
S. 8308--B 91
total tax liability published by the commissioner pursuant to subpara-
graph (A) of this paragraph and (ii) forty million dollars.
(C) The amount by which the allowable credit computed without refer-
ence to the limitation contained in subparagraph (B) of this paragraph
exceeds the allowable credit for such taxable year shall be carried
forward as a credit under paragraph two of this subdivision.
(D) With respect to estimated taxes payable under section fifteen
hundred fourteen of this article any increase in estimated taxes due to
the limitation imposed by this paragraph shall be deemed timely paid if
paid on or before the fifteenth day of December next following the date
specified in subparagraph (A) of this paragraph.] CARRYOVER. THE CREDIT
ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE
TAX DUE FOR SUCH YEAR TO LESS THAN THE MINIMUM FIXED BY PARAGRAPH FOUR
OF SUBDIVISION (A) OF SECTION FIFTEEN HUNDRED TWO OF THIS ARTICLE OR
SECTION FIFTEEN HUNDRED TWO-A OF THIS ARTICLE, WHICHEVER IS APPLICABLE.
HOWEVER, IF THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBDIVISION FOR
ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT
NOT DEDUCTIBLE IN SUCH TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOWING
YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR
OR YEARS.
(4) [If for any taxable year the credits allowable under paragraph two
of this subdivision determined without regard to this paragraph exceed
the taxpayer's liability for taxes under this article for the taxable
year after the allowance of all other credits under this section, then
the sum of two hundred fifty dollars and the amount by which such cred-
its under this subdivision exceed such tax liability shall be carried
forward as a credit under paragraph two of this subdivision for the
taxable year next following.] ELIGIBILITY. TO BE ELIGIBLE FOR THE CRED-
IT, THE TAXPAYER SHALL HAVE BEEN ISSUED A CERTIFICATE, OR CERTIFICATES,
OF TAX CREDIT BY THE DEPARTMENT OF FINANCIAL SERVICES PURSUANT TO
SECTION SEVEN THOUSAND SEVEN HUNDRED TWELVE OF THE INSURANCE LAW, EACH
OF WHICH CERTIFICATES SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT MAY
BE CLAIMED AND THE CERTIFICATE DATE. A TAXPAYER THAT IS A PARTNER IN A
PARTNERSHIP, MEMBER OF A LIMITED LIABILITY COMPANY OR SHAREHOLDER IN A
SUBCHAPTER S CORPORATION THAT HAS RECEIVED A CERTIFICATE, OR CERTIF-
ICATES, OF TAX CREDIT SHALL BE ALLOWED ITS PRO RATA SHARE OF THE CREDIT
EARNED BY THE PARTNERSHIP, LIMITED LIABILITY COMPANY OR SUBCHAPTER S
CORPORATION.
(5) [No credit allowed pursuant to this subdivision shall reduce the
tax payable by any taxpayer under this article for any taxable year to
an amount less than the minimum tax fixed by paragraph four of subdivi-
sion (a) of section fifteen hundred two of this article or section
fifteen hundred two-a of this article, whichever is applicable.] TAX
RETURN REQUIREMENT. THE TAXPAYER IS REQUIRED TO INCLUDE WITH ITS TAX
RETURN IN THE FORM PRESCRIBED BY THE COMMISSIONER, PROOF OF RECEIPT OF
ITS CERTIFICATE, OR CERTIFICATES, OF TAX CREDIT ISSUED BY THE DEPARTMENT
OF FINANCIAL SERVICES.
(6) INFORMATION SHARING. NOTWITHSTANDING ANY PROVISION OF THIS CHAP-
TER, EMPLOYEES OF THE DEPARTMENT OF FINANCIAL SERVICES AND THE DEPART-
MENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE:
(A) INFORMATION REGARDING THE CREDIT ALLOWED OR CLAIMED PURSUANT TO
THIS SUBDIVISION AND TAXPAYERS THAT ARE CLAIMING THE CREDIT; AND
(B) INFORMATION CONTAINED IN OR DERIVED FROM CREDIT CLAIM FORMS
SUBMITTED TO THE DEPARTMENT. ALL INFORMATION EXCHANGED BETWEEN THE
DEPARTMENT OF FINANCIAL SERVICES AND THE DEPARTMENT SHALL NOT BE SUBJECT
S. 8308--B 92
TO PUBLIC DISCLOSURE OR INSPECTION UNDER ARTICLE SIX OF THE PUBLIC OFFI-
CERS LAW.
(7) CREDIT RECAPTURE. IF A CERTIFICATE OF TAX CREDIT ISSUED BY THE
DEPARTMENT OF FINANCIAL SERVICES UNDER SECTION SEVEN THOUSAND SEVEN
HUNDRED TWELVE OF THE INSURANCE LAW IS REVOKED BY SUCH DEPARTMENT, THE
AMOUNT OF CREDIT DESCRIBED IN THIS SUBDIVISION AND CLAIMED BY THE
TAXPAYER PRIOR TO SUCH REVOCATION SHALL BE ADDED BACK TO TAX IN THE
TAXABLE YEAR IN WHICH ANY SUCH REVOCATION BECOMES FINAL. IF AN AMOUNT OF
CREDIT ON ANY SUCH CERTIFICATE OF TAX CREDIT IS MODIFIED BY THE DEPART-
MENT OF FINANCIAL SERVICES, THE DIFFERENCE BETWEEN THE AMOUNT OF CREDIT
DESCRIBED IN THIS SUBDIVISION AND CLAIMED BY THE TAXPAYER PRIOR TO SUCH
MODIFICATION AND THE MODIFIED AMOUNT SHALL BE ADDED BACK TO TAX IN THE
TAXABLE YEAR IN WHICH ANY SUCH MODIFICATION BECOMES FINAL.
(8) NET ASSESSMENTS. NO AMOUNT OF ANY NET ASSESSMENTS PAID BY SUCH
TAXPAYER INCLUDED AS THE BASIS FOR THE CALCULATION OF THE AMOUNT SHOWN
ON ANY SUCH CERTIFICATE SHALL BE THE BASIS FOR ANY OTHER TAX CREDIT
UNDER THIS CHAPTER.
§ 7. Notwithstanding the provisions of sections one through six of
this act, in 2024, for the calendar year 2023, the superintendent of
financial services shall furnish the statement of operations for the
life insurance guaranty corporation and the life and health insurance
company guaranty corporation of New York as provided in subsection (a)
of section 7712 of the insurance law, as such provision of law was in
effect immediately prior to the effective date of this act.
§ 8. Notwithstanding the provisions of sections one through seven of
this act, an insurance company allowed a tax credit pursuant to section
7712 of the insurance law and subdivision (f) of section 1511 of the tax
law, as such provisions of law were in effect immediately prior to the
effective date of this act, shall continue to be allowed the credit
relating to life insurance guaranty corporation assessments under such
subdivision (f), for assessments paid on or before December 31, 2023, as
follows:
(i) any amount of such credit that has not been claimed in a taxable
year beginning before January 1, 2024 shall be allowed as a credit
against the tax imposed pursuant to article 33 of the tax law, other
than section 1505-a of such article, in the taxable year beginning on or
after such date; and
(ii) any amount of credit allowed pursuant to the previous paragraph
shall be subject to the carryover provision of paragraph 3 of subdivi-
sion (f) of section 1511 of the tax law, as such subdivision has been
amended by section six of this act.
§ 9. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2024.
PART MM
Intentionally Omitted
PART NN
Section 1. Section 2328 of the insurance law, as amended by chapter
182 of the laws of 2023, is amended to read as follows:
§ 2328. Certain motor vehicle insurance rates; prior approval. For the
periods February first, nineteen hundred seventy-four through August
second, two thousand one, and the effective date of the
S. 8308--B 93
property/casualty insurance availability act through June thirtieth, two
thousand twenty-six, no changes in rates, rating plans, rating rules and
rate manuals applicable to motor vehicle insurance, including no-fault
coverages under article fifty-one of this chapter, shall be made effec-
tive until approved by the superintendent, notwithstanding any incon-
sistent provisions of this article[; provided, however, that changes in
such rates, rating plans, rating rules and rate manuals may be made
effective without such approval if the rates that result from such
changes are no higher than the insurer's rates last approved by the
superintendent]. This section shall apply only to policies covering
losses or liabilities arising out of ownership of a motor vehicle used
principally for the transportation of persons for hire, including a bus
or a school bus as defined in sections one hundred four and one hundred
forty-two of the vehicle and traffic law.
§ 2. This act shall take effect immediately.
PART OO
Section 1. Subdivision 6 of section 51 of the public authorities law
is REPEALED.
§ 2. This act shall take effect immediately.
PART PP
Section 1. Short title. This act shall be known and may be cited as
the "transparency in local economic development act".
§ 2. This act enacts into law major components of legislation neces-
sary to implement the transparency in local economic development act.
Each component is wholly contained within a Subpart identified as
Subparts A through D. The effective date for each particular provision
contained within such Subpart is set forth in the last section of such
Subpart. Any provision in any section contained within a Subpart,
including the effective date of the Subpart, which makes a reference to
a section "of this act", when used in connection with that particular
component, shall be deemed to mean and refer to the corresponding
section of the Subpart in which it is found. Section four of this act
sets forth the general effective date of this act.
SUBPART A
Section 1. The public authorities law is amended by adding a new
section 8 to read as follows:
§ 8. LOCAL AUTHORITIES SEARCHABLE SUBSIDY AND ECONOMIC DEVELOPMENT
BENEFITS DATABASE. (1) FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ECONOMIC DEVELOPMENT BENEFITS" SHALL MEAN:
(I) FUNDS MADE AVAILABLE BY A LOCAL AUTHORITY, INCLUDING WITHOUT LIMI-
TATION ANY ENTITY CREATED INCORPORATED PURSUANT TO SECTION FOURTEEN
HUNDRED ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW, FOR ECONOMIC
DEVELOPMENT, OR JOB CREATION PURPOSES INCLUDING, BUT NOT LIMITED TO,
GRANTS, LOANS, LOAN GUARANTEES, LOAN INTEREST SUBSIDIES, AND SUBSIDIES;
AND
(II) TAX CREDITS, TAX EXEMPTIONS, REDUCED TAX RATES OR OTHER TAX
INCENTIVES WHICH ARE APPLIED FOR AND PREAPPROVED OR CERTIFIED BY OR ON
BEHALF OF A LOCAL AUTHORITY, INCLUDING WITHOUT LIMITATION ANY ENTITY
S. 8308--B 94
CREATED INCORPORATED PURSUANT TO SECTION FOURTEEN HUNDRED ELEVEN OF THE
NOT-FOR-PROFIT CORPORATION LAW, FOR ECONOMIC DEVELOPMENT.
(B) "ADDITIONAL STATE ECONOMIC DEVELOPMENT BENEFITS" SHALL MEAN THOSE
ECONOMIC DEVELOPMENT BENEFITS MADE AVAILABLE TO THE LOCAL AUTHORITY,
INCLUDING WITHOUT LIMITATION ANY ENTITY CREATED INCORPORATED PURSUANT TO
SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW,
BY A STATE ENTITY TO AWARD SUCH BENEFITS TO QUALIFIED RECIPIENTS.
(C) "QUALIFIED PARTICIPANT" SHALL MEAN A PERSON, BUSINESS, LIMITED
LIABILITY CORPORATION OR ANY OTHER ENTITY THAT HAS APPLIED FOR AND
RECEIVED BENEFITS AS DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION.
(D) "FULL-TIME EQUIVALENT" SHALL MEAN A UNIT OF MEASURE, WHICH IS
EQUAL TO ONE FILLED, FULL-TIME, ANNUAL-SALARIED POSITION.
(E) "PROJECT HIRES" SHALL MEAN A JOB IN WHICH AN INDIVIDUAL IS HIRED
FOR A SEASON OR FOR A LIMITED PERIOD OF TIME.
(F) "PART-TIME JOB" SHALL MEAN A JOB IN WHICH AN INDIVIDUAL IS
EMPLOYED BY A QUALIFIED PARTICIPANT FOR LESS THAN THIRTY-FIVE HOURS A
WEEK.
(G) "THE OFFICE" SHALL MEAN THE AUTHORITIES BUDGET OFFICE.
(I) "THE DATABASE" OR "THE SEARCHABLE DATABASE" SHALL MEAN THE DATA-
BASE CREATED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
(J) "THE PROJECT" SHALL MEAN SPECIFIC WORK, ACTION, ENDEAVOR, CONTRACT
OR AGREEMENT FOR WHICH ANY ECONOMIC BENEFIT AS DEFINED IN PARAGRAPHS (A)
AND (B) OF THIS SUBDIVISION, IS MADE AVAILABLE OR AWARDED BY A LOCAL
AUTHORITY TO, INCLUDING WITHOUT LIMITATION ANY ENTITY CREATED INCORPO-
RATED PURSUANT TO SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT
CORPORATION LAW, TO A PERSON, BUSINESS, LIMITED LIABILITY CORPORATION OR
ANY OTHER ENTITY.
2. NOTWITHSTANDING ANY LAWS TO THE CONTRARY, THE OFFICE SHALL CREATE A
SEARCHABLE DATABASE, DISPLAYING DATA REGARDING ECONOMIC DEVELOPMENT
BENEFITS THAT A QUALIFIED PARTICIPANT HAS BEEN AWARDED. SUCH DATABASE
SHALL ALSO SEPARATELY DISPLAY DATA REGARDING ADDITIONAL STATE ECONOMIC
DEVELOPMENT BENEFITS AND THE AGGREGATE TOTAL OF BENEFITS DEFINED IN
PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, TO THE EXTENT THAT
SUCH DATA HAS BEEN MADE AVAILABLE TO AND IS RECEIVED BY THE OFFICE IN
THE FORM AND MANNER PRESCRIBED BY THE OFFICE. SUCH SEARCHABLE DATABASE
SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING DATA, FEATURES AND FUNCTION-
ALITY TO THE EXTENT PRACTICABLE:
(A) THE ABILITY TO SEARCH THE DATABASE BY EACH OF THE REPORTED INFOR-
MATION FIELDS;
(B) THE ABILITY TO BE SEARCHABLE, DOWNLOADABLE, AND UPDATED QUARTERLY,
AND POSTED ON A PUBLICLY ACCESSIBLE WEBSITE AS WELL AS REFERENCED ON THE
OFFICE'S WEBSITE, WITH A DIRECT LINK TO THE DATABASE;
(C) THE FOLLOWING DATA ON PROJECTS SHALL BE INCLUDED:
(I) A QUALIFIED PARTICIPANT'S NAME AND PROJECT, PROJECT LOCATION, THE
PROJECT'S COMPLETE ADDRESS, INCLUDING THE POSTAL CODE IN A SEPARATE AND
SEARCHABLE FIELD, AND THE ECONOMIC REGION OF THE STATE;
(II) THE TIME SPAN OVER WHICH A QUALIFIED PARTICIPANT IS TO RECEIVE OR
HAS RECEIVED AGGREGATE ECONOMIC DEVELOPMENT BENEFITS;
(III) THE TYPE OF SUCH ECONOMIC DEVELOPMENT BENEFITS, AS DEFINED IN
PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, PROVIDED TO A QUALI-
FIED PARTICIPANT, INCLUDING THE NAME OF THE PROGRAM OR PROGRAMS THROUGH
WHICH SUCH BENEFITS ARE PROVIDED, AND DETAILS AS TO WHETHER SUCH
PROGRAMS ARE GRANTS OR TAX CREDIT PROGRAMS AS A SEPARATE AND SEARCHABLE
FIELD. SUCH DATA SHALL BE PROVIDED TO THE EXTENT PRACTICABLE FOR ALL
CONTRACTS INITIATED SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION;
S. 8308--B 95
(IV) THE TOTAL NUMBER OF EMPLOYEES AT ALL ENTITIES UTILIZING SUCH
ECONOMIC DEVELOPMENT BENEFITS AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION
ONE OF THIS SECTION, AT THE TIME OF THE AGREEMENT, INCLUDING THE NUMBER
OF FULL-TIME EQUIVALENTS, PROVIDED THAT ANY PROJECT HIRES OR PART-TIME
JOBS SHALL BE DISPLAYED IN SEPARATE FIELDS AND MAY BE CONVERTED TO FULL-
TIME EQUIVALENTS AND DENOTED AS SUCH, TO THE EXTENT PRACTICABLE FOR ALL
CONTRACTS INITIATED SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION;
(V) FOR ANY ECONOMIC DEVELOPMENT BENEFITS AS DEFINED IN PARAGRAPH (A)
OF SUBDIVISION ONE OF THIS SECTION THAT PROVIDES FOR JOB RETENTION OR
JOB CREATION, THAT A QUALIFIED PARTICIPANT HAS BEEN AWARDED, THE TOTAL
JOB CREATION COMMITMENTS, JOB RETENTION COMMITMENTS, JOB CREATION ACTUAL
NUMBER, AND THE JOB RETENTION ACTUAL NUMBER, DISPLAYED IN TERMS OF FULL-
TIME EQUIVALENTS WHERE ANY PROJECT HIRES OR PART-TIME JOBS MAY BE
CONVERTED TO FULL-TIME EQUIVALENTS AND DENOTED AS SUCH, THE ACTUAL AVER-
AGE WAGE BY OCCUPATION OR JOB CLASSIFICATION AND TOTAL PAYROLL TO BE
CREATED AS A RESULT OF THE BENEFITS, SHALL BE PROVIDED, EACH DISPLAYED
AS SEPARATE AND SEARCHABLE FIELDS;
(VI) THE TOTAL AND SEPARATE AMOUNT OF ECONOMIC DEVELOPMENT BENEFITS
DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION RECEIVED BY
A QUALIFIED PARTICIPANT TO DATE;
(VII) THE TOTAL PUBLIC-PRIVATE INVESTMENT MADE TO A PROJECT, TOTAL
PUBLIC FUNDING RECEIVED BY A PROJECT, AND PROJECT STATUS;
(VIII) DETAILS RELATED TO INDIVIDUAL PROJECT COMPLIANCE INDICATING
WHETHER, DURING THE CURRENT REPORTING QUARTER, THE ENTITY MANAGING THE
AWARD HAS REDUCED, CANCELLED, OR RECAPTURED ANY ECONOMIC DEVELOPMENT
BENEFITS OR ADDITIONAL STATE ECONOMIC DEVELOPMENT BENEFITS FROM A QUALI-
FIED PARTICIPANT, AND, IF SO, THE TOTAL AMOUNT OF THE REDUCTION, CANCEL-
LATION, OR RECAPTURE. SEPARATELY, A NOTATION OF PENALTIES ASSESSED SHALL
BE DISPLAYED IN A SEPARATE AND SEARCHABLE FIELD, AS WELL AS THE REASONS
THEREFOR IN ANOTHER SEPARATE AND SEARCHABLE FIELD;
(IX) THE ABILITY TO DIGITALLY SELECT DEFINED INDIVIDUAL FIELDS CORRE-
SPONDING TO ANY OF THE REPORTED INFORMATION FROM QUALIFIED PARTICIPANTS
TO CREATE UNIQUE DATABASE VIEWS;
(X) THE ABILITY TO DOWNLOAD THE DATABASE IN ITS ENTIRETY, OR IN PART,
IN A COMMON MACHINE READABLE FORMAT;
(XI) A DEFINITION OR DESCRIPTION OF TERMS FOR FIELDS IN THE DATABASE;
(XII) A SUMMARY OF EACH SEPARATE ECONOMIC DEVELOPMENT BENEFIT DEFINED
IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION AWARDED TO QUALIFIED
PARTICIPANTS;
(XIII) A USER-FRIENDLY GUIDE TO OUTLINE THE FEATURES AND FUNCTIONALITY
OF THE DATABASE; AND
(XIV) A DEDICATED EMAIL ACCOUNT FOR THE PUBLIC TO DIRECT QUESTIONS
RELATED TO THE DATABASE, AND THE OFFICE MAILING ADDRESS, OFFICE TELE-
PHONE NUMBER, AND NAME OF THE CHIEF OFFICER OF THE GRANTING BODY.
3. DATA RELATED TO SUBPARAGRAPHS (I) THROUGH (VI) OF PARAGRAPH (C) OF
SUBDIVISION TWO OF THIS SECTION SHALL BE ANALYZED FOR QUALITY AND ACCU-
RACY BY THE ENTITY OR AUTHORITY PROVIDING SUCH FUNDING TO QUALIFIED
RECIPIENTS AND MANAGING THE CONTRACTS RELATED THERETO. UPON SUBMISSION
OF SUCH DATA TO THE OFFICE FOR INCLUSION IN THE DATABASE, ALL AWARDING
ENTITIES SHALL CERTIFY TO THE OFFICE THAT EACH FIELD OF PROJECT DATA
ACCURATELY SUMMARIZES PROJECT INVESTMENTS AND AMOUNTS AND CONTAINS NO
KNOWN MISREPRESENTATION OF MATERIAL FACTS.
4. UPON REQUEST THE OFFICE SHALL PROVIDE, OR DIRECT TO A SOURCE
PROVIDING, IN AN ELECTRONICALLY ACCESSIBLE AND DOWNLOADABLE FORM, ANY
CONTRACTS OR AWARD AGREEMENTS FOR PROJECTS INCLUDED IN THE DATABASE, TO
THE EXTENT SUCH CONTRACTS OR AWARD AGREEMENTS ARE AVAILABLE TO THE
S. 8308--B 96
PUBLIC PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW OR ANY OTHER
LAW. SUCH CONTRACTS MAY, UPON REQUEST FROM THE OFFICE, BE SHARED BY THE
ENTITY HOLDING AND MANAGING SUCH CONTRACT.
5. THE OFFICE MAY REQUEST ANY DATA FROM QUALIFIED PARTICIPANTS THAT IS
NECESSARY AND REQUIRED IN DEVELOPING, UPDATING, AND MAINTAINING THE
SEARCHABLE DATABASE. SUCH QUALIFIED PARTICIPANTS SHALL PROVIDE ANY SUCH
INFORMATION REQUESTED BY THE OFFICE.
6. THE OFFICE SHALL PRESCRIBE THE FORM AND MANNER IN WHICH A LOCAL
AUTHORITY AWARDING OTHER STATE AGENCY ECONOMIC DEVELOPMENT BENEFITS
SHALL SUBMIT INFORMATION AND DATA REGARDING OTHER STATE AGENCY BENEFITS
AS REQUIRED FOR DEVELOPING, UPDATING, AND MAINTAINING THE DATABASE AND
PUBLISH GUIDELINES AS NEEDED TO FACILITATE RECEIPT OF SUCH DATA TO
COMPLY WITH THE PROVISIONS OF THIS SECTION, INCLUDING THE SUBMISSION
PROVISIONS OF SUBDIVISION THREE OF THIS SECTION. THE CORPORATION, TO THE
EXTENT PRACTICABLE, SHALL NOTE ON THE DATABASE WHERE A STATE AGENCY OR
AUTHORITY FAILED TO SUBMIT THE REQUIRED DATA.
7. TO EFFECTUATE THE PURPOSES OF THIS SECTION, THE OFFICE MAY REQUEST
AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMIS-
SION OR OTHER AGENCY OF THE STATE, OR ANY STATE OR LOCAL PUBLIC AUTHORI-
TY SUCH ASSISTANCE, INFORMATION AND DATA AS WILL ENABLE THE OFFICE TO
CARRY OUT ITS POWERS AND DUTIES UNDER THIS SECTION.
§ 2. Section 2807 of the public authorities law, as added by section 3
of part NNN of chapter 58 of the laws of 2022, is amended to read as
follows:
§ 2807. Reporting for searchable state subsidy and aggregate economic
development benefits database. 1. Notwithstanding any other provision of
law to the contrary, every state authority shall submit to the urban
development corporation, and update quarterly, in the form and manner
prescribed by the urban development corporation, any and all data and
information as necessary for developing, updating, and maintaining the
database established in section fifty-eight of section one of chapter
one hundred seventy-four of the laws of nineteen hundred sixty-eight,
constituting the New York state urban development corporation act,
regarding economic development benefits, as such term is defined in such
section, awarded by such state authority. A state authority may request
and shall receive any data from an individual, business, limited liabil-
ity corporation or any other entity that has applied for and received
approval for, or is the beneficiary of, any such economic development
benefits, as is necessary and required to comply with this section.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A LOCAL
AUTHORITY SHALL SUBMIT TO THE AUTHORITIES BUDGET OFFICE, AND UPDATE
QUARTERLY, IN THE FORM AND MANNER PRESCRIBED BY THE AUTHORITIES BUDGET
OFFICE, ANY AND ALL DATA AND INFORMATION AS NECESSARY FOR DEVELOPING,
UPDATING, AND MAINTAINING THE DATABASE ESTABLISHED IN SECTION EIGHT OF
THE PUBLIC AUTHORITIES LAW, REGARDING ECONOMIC DEVELOPMENT BENEFITS, AS
THE TERM IS DEFINED THEREIN, AWARDED BY SUCH AUTHORITY. A LOCAL AUTHORI-
TY MAY REQUEST AND SHALL RECEIVE ANY DATA FROM A PERSON, BUSINESS,
LIMITED LIABILITY CORPORATION OR ANY OTHER ENTITY THAT HAS APPLIED FOR
AND RECEIVED APPROVAL FOR OR IS THE BENEFICIARY OF, ANY SUCH ECONOMIC
DEVELOPMENT BENEFITS, AS IS NECESSARY AND REQUIRED TO COMPLY WITH THIS
SECTION.
§ 3. The general municipal law is amended by adding a new section
859-d to read as follows:
§ 859-D. REPORTING FOR THE LOCAL AUTHORITIES SEARCHABLE SUBSIDY AND
ECONOMIC DEVELOPMENT BENEFITS DATABASE. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, AN INDUSTRIAL DEVELOPMENT AGENCY SHALL
S. 8308--B 97
SUBMIT TO THE AUTHORITIES BUDGET OFFICE, AND UPDATE QUARTERLY, IN THE
FORM AND MANNER PRESCRIBED BY THE AUTHORITIES BUDGET OFFICE, ANY AND ALL
DATA AND INFORMATION AS NECESSARY FOR DEVELOPING, UPDATING, AND MAIN-
TAINING THE DATABASE ESTABLISHED IN SECTION EIGHT OF THE PUBLIC AUTHOR-
ITIES LAW, REGARDING ECONOMIC DEVELOPMENT BENEFITS, AS THE TERM IS
DEFINED THEREIN, AWARDED BY SUCH INDUSTRIAL DEVELOPMENT AGENCY. AN
INDUSTRIAL DEVELOPMENT AGENCY MAY REQUEST AND SHALL RECEIVE ANY DATA
FROM A PERSON, BUSINESS, LIMITED LIABILITY CORPORATION OR ANY OTHER
ENTITY THAT HAS APPLIED FOR AND RECEIVED APPROVAL FOR OR IS THE BENEFI-
CIARY OF, ANY SUCH ECONOMIC DEVELOPMENT BENEFITS, AS IS NECESSARY AND
REQUIRED TO COMPLY WITH THIS SECTION.
§ 4. Paragraph (i) of section 1411 of the not-for-profit corporation
law is amended and a new paragraph (j) is added to read as follows:
(i) Effect of section.
Corporations incorporated or reincorporated under this section shall
be organized and operated exclusively for the purposes set forth in
paragraph (a) OF THIS SECTION, shall have, in addition to the powers
otherwise conferred by law, the powers conferred by paragraph (c) OF
THIS SECTION and shall be subject to all the restrictions and limita-
tions imposed by paragraph (e) [and], paragraph (g), AND PARAGRAPH (J)
OF THIS SECTION. In so far as the provisions of this section are incon-
sistent with the provisions of any other law, general or special, the
provisions of this section shall be controlling as to corporations
incorporated or reincorporated hereunder.
(J) PUBLIC AUTHORITIES LAW.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A CORPO-
RATION INCORPORATED OR REINCORPORATED UNDER THIS SECTION SHALL BE
CONSIDERED A LOCAL AUTHORITY UNDER THE PUBLIC AUTHORITIES LAW, AND BE
SUBJECT TO THE PROVISIONS OF SECTION TWENTY-EIGHT HUNDRED SEVEN OF THE
PUBLIC AUTHORITIES LAW.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law.
SUBPART B
Section 1. Section 104 of the not-for-profit corporation law is
amended by adding a new paragraph (h) to read as follows:
(H) THE DEPARTMENT SHALL TRANSMIT ELECTRONICALLY TO THE AUTHORITIES
BUDGET OFFICE A COPY OF EVERY CERTIFICATE OF INCORPORATION FILED OR
DELIVERED WHERE THE INCORPORATOR HAS INDICATED ON THE CERTIFICATE THAT
HE OR SHE IS FILING SAID CERTIFICATE ON THE BEHALF OR AT THE BEHEST OF A
MUNICIPAL CORPORATION, STATE OR LOCAL AUTHORITY, OR DISTRICT.
§ 2. Subparagraph 2-b of paragraph (a) of section 402 of the not-for-
profit corporation law, as added by chapter 23 of the laws of 2014, is
amended to read as follows:
(2-b) If it is not formed to engage in any activity or for any purpose
requiring consent or approval of any state official, department, board,
agency or other body, OR DOES NOT REQUIRE CONSENT PURSUANT TO PARAGRAPH
(W) OF SECTION 404 (APPROVALS, NOTICES AND CONSENTS) OF THIS ARTICLE a
statement that no such consent or approval is required. Such statement
shall be deemed conclusive for purposes of filing by the department of
state. If subsequent to submitting the certificate of incorporation for
filing, the corporation plans to engage in any activity requiring
consent or approval pursuant to section 404 [(approvals] (APPROVALS,
notices and consents) of this [chapter] ARTICLE, the corporation shall
S. 8308--B 98
obtain such consent or approval and accordingly amend its certificate of
incorporation pursuant to article eight of this chapter.
§ 3. Paragraph (a) of section 402 of the not-for-profit corporation
law is amended by adding a new subparagraph 9 to read as follows:
(9) A STATEMENT WHETHER THE CORPORATION IS BEING INCORPORATED ON THE
BEHALF OR AT THE BEHEST OF ANY MUNICIPAL CORPORATION, STATE OR LOCAL
AUTHORITY, OR DISTRICT. IF SO, THE INCORPORATOR SHALL IDENTIFY SUCH
MUNICIPAL CORPORATION, STATE OR LOCAL AUTHORITY, OR DISTRICT.
§ 4. Section 404 of the not-for-profit corporation law is amended by
adding a new paragraph (w) to read as follows:
(W) EVERY CERTIFICATE OF INCORPORATION WHICH INCLUDES ANY OF THE
FOLLOWING SHALL HAVE ENDORSED THEREON OR ANNEXED THERETO THE CONSENT OF
THE DIRECTOR OF THE AUTHORITIES BUDGET OFFICE:
(1) INDICATES THAT ONE OR MORE INDIVIDUALS WHO SERVE AS OFFICERS OR
EMPLOYEES OF ANY MUNICIPAL CORPORATION, STATE OR LOCAL AUTHORITY, OR
DISTRICT SHALL: (I) SELECT EITHER A MAJORITY OF THE CORPORATION'S BOARD
OF DIRECTORS OR THE CORPORATION'S CHIEF EXECUTIVE OFFICER; (II) CONSTI-
TUTE A MAJORITY OF THE VOTING STRENGTH THAT SELECTS EITHER A MAJORITY OF
THE CORPORATION'S BOARD OF DIRECTORS OR THE CORPORATION'S CHIEF EXECU-
TIVE OFFICER; OR (III) SERVE AS: (A) A MAJORITY OF THE CORPORATION'S
BOARD OF DIRECTORS; OR (B) IN HIS OR HER OFFICIAL CAPACITY, THE CORPO-
RATION'S CHIEF EXECUTIVE OFFICER; OR
(2) INDICATES THAT SUCH CORPORATION IS BEING INCORPORATED ON THE
BEHALF OR AT THE BEHEST OF ANY MUNICIPAL CORPORATION, STATE OR LOCAL
AUTHORITY, OR DISTRICT.
THE DIRECTOR SHALL MAKE SUCH INQUIRY INTO THE PURPOSES OF THE PROPOSED
CORPORATION AS HE OR SHE SHALL DEEM ADVISABLE.
§ 5. Paragraph (a) of section 1411 of the not-for-profit corporation
law, as amended by chapter 847 of the laws of 1970, is amended to read
as follows:
(a) Purposes.
This section shall provide an additional and alternate method of
incorporation or reincorporation of not-for-profit corporations for any
of the purposes set forth in this paragraph and shall not be deemed to
alter, impair or diminish the purposes, rights, powers or privileges of
any corporation heretofore or hereafter incorporated under this section
or under the stock or business corporation laws. Corporations may be
incorporated or reincorporated under this section as not-for-profit
local development corporations operated for the exclusively charitable
or public purposes of relieving and reducing unemployment, promoting and
providing for additional and maximum employment, bettering and maintain-
ing job opportunities, instructing or training individuals to improve or
develop their capabilities for such jobs, carrying on scientific
research for the purpose of aiding a community or geographical area by
attracting new industry to the community or area or by encouraging the
development of, or retention of, an industry in the community or area,
and lessening the burdens of government and acting in the public inter-
est, and any one or more counties, cities, towns or villages of the
state, or any combination thereof, or the New York job development
authority in exercising its power under the public authorities law to
encourage the organization of local development corporations, may cause
such corporations to be incorporated by public officers or private indi-
viduals or reincorporated upon compliance with the requirements of this
section, and it is hereby found, determined and declared that in carry-
ing out said purposes and in exercising the powers conferred by para-
graph (b) such corporations will be performing an essential governmental
S. 8308--B 99
function. A NOT-FOR-PROFIT CORPORATION MAY NOT INCORPORATE OR REINCORPO-
RATE UNDER THIS SECTION IF ITS SOLE CORPORATE PURPOSE IS FOR LESSENING
THE BURDENS OF GOVERNMENT AND ACTING IN THE PUBLIC INTEREST.
§ 6. Subparagraph 2 of paragraph (d) of section 1411 of the not-for-
profit corporation law is amended to read as follows:
(2) Notwithstanding the provisions of any general, special or local
law, charter or ordinance to the contrary, such sale or lease may be
made without appraisal (EXCEPT AS MAY BE NECESSARY IN REGARD TO SUBPARA-
GRAPH (4) OF THIS PARAGRAPH), public notice[,] (except as provided in
subparagraph (4) OF THIS PARAGRAPH), or public bidding for such price or
rental and upon such terms as may be agreed upon between the county,
city, town or village and said local development corporation; provided,
however, that in case of a lease the term may not exceed [ninety-nine]
TWENTY-FIVE years and provided, further, that in cities having a popu-
lation of one million or more, no such sale or lease shall be made with-
out the approval of a majority of the members of the borough improvement
board of the borough in which such real property is located.
§ 7. Subparagraph 4 of paragraph (d) of section 1411 of the not-for-
profit corporation law is amended to read as follows:
(4) Notice of such hearing shall be published at least [ten] TWENTY-
ONE days before the date set for the hearing in such publication and in
such manner as may be designated by the local legislative body, or the
board of estimate as the case may be. SUCH NOTICE SHALL ALSO INCLUDE: A
DESCRIPTION OF THE PROPERTY AT ISSUE; THE VALUE OF THE PROPOSED CONSID-
ERATION TO BE RECEIVED FROM THE SALE OR LEASE; THE ESTIMATED FAIR MARKET
VALUE OF THE ASSET; AND A STATEMENT OF THE INTENDED USE OR DISPOSITION
OF THE PROPERTY BY THE LOCAL DEVELOPMENT CORPORATION.
§ 8. Paragraph (i) of section 1411 of the not-for-profit corporation
law, as amended by section 4 of subpart A of this part, is amended to
read as follows:
(i) CONTRACTS BETWEEN A MUNICIPAL CORPORATION, PUBLIC AUTHORITY, OR
DISTRICT AND A LOCAL DEVELOPMENT CORPORATION.
ANY CONTRACT OR OTHER AGREEMENT BETWEEN A LOCAL DEVELOPMENT CORPO-
RATION AND A MUNICIPAL CORPORATION, STATE AUTHORITY OR LOCAL AUTHORITY,
OR DISTRICT FOR ONE OR MORE OF THE PURPOSES ENUMERATED IN PARAGRAPH (A)
OF THIS SECTION SHALL: (1) CAUSE THE LOCAL DEVELOPMENT CORPORATION TO BE
DEFINED AS A LOCAL AUTHORITY PURSUANT TO SUBDIVISION TWO OF SECTION TWO
OF THE PUBLIC AUTHORITIES LAW; (2) PROVIDE FOR THE MUNICIPAL CORPO-
RATION, STATE AUTHORITY OR LOCAL AUTHORITY, OR DISTRICT TO RECEIVE FAIR
AND ADEQUATE CONSIDERATION; (3) BE SUBJECT TO THE REQUIREMENTS OF ARTI-
CLE FIVE-A OF THE GENERAL MUNICIPAL LAW; AND (4) HAVE A TERM NOT TO
EXCEED TWENTY-FIVE YEARS, SUBJECT TO ONE OR MORE SUBSEQUENT RENEWALS FOR
A TERM NOT TO EXCEED TWENTY-FIVE YEARS EACH UPON THE MUTUAL CONSENT OF
THE PARTIES; PROVIDED HOWEVER THAT A CONTRACT WITH A MUNICIPAL CORPO-
RATION SHALL NOT BE USED TO FINANCE THE MUNICIPAL CORPORATION'S OPER-
ATIONS OR TO ACQUIRE OR IMPROVE AN ASSET FOR USE OF THE MUNICIPAL CORPO-
RATION.
(K) Effect of section.
Corporations incorporated or reincorporated under this section shall
be organized and operated exclusively for the purposes set forth in
paragraph (a) of this section, shall have, in addition to the powers
otherwise conferred by law, the powers conferred by paragraph (c) of
this section and shall be subject to all the restrictions and limita-
tions imposed by [paragraph] PARAGRAPHS (e), [paragraph] (g), (I) and
[paragraph] (j) of this section. In so far as the provisions of this
section are inconsistent with the provisions of any other law, general
S. 8308--B 100
or special, the provisions of this section shall be controlling as to
corporations incorporated or reincorporated hereunder.
§ 9. Subdivision 2 of section 2 of the public authorities law, as
amended by chapter 257 of the laws of 2011, is amended to read as
follows:
2. "local authority" shall mean (a) a public authority or public bene-
fit corporation created by or existing under this chapter or any other
law of the state of New York whose members do not hold a civil office of
the state, are not appointed by the governor or are appointed by the
governor specifically upon the recommendation of the local government or
governments; (b) a not-for-profit corporation, OTHER THAN A FIRE CORPO-
RATION, STATEWIDE ASSOCIATION OF LOCAL GOVERNMENTS OR LOCAL OFFICIALS,
OR BUSINESS IMPROVEMENT DISTRICT, affiliated with, sponsored by, or
created by a county, city, town or village government; (c) a local
industrial developmental agency or authority or other local public bene-
fit corporation; (d) an affiliate of such local authority; [or] (e) a
land bank corporation created pursuant to article sixteen of the not-
for-profit corporation law; OR (F) A NOT-FOR-PROFIT CORPORATION, OTHER
THAN A FIRE CORPORATION OR STATEWIDE ASSOCIATION OF LOCAL GOVERNMENTS OR
LOCAL OFFICIALS, OR BUSINESS IMPROVEMENT DISTRICT, THAT (I) HAS ISSUED
OR HAS THE AUTHORITY TO ISSUE TAX EXEMPT DEBT OR (II) PROVIDES STATE OR
MUNICIPAL TAX EXEMPTIONS THROUGH ITS PARTICIPATION IN A PROJECT UNDER-
TAKEN IN FURTHERANCE OF ITS PURPOSES.
FOR THE PURPOSES OF PARAGRAPH (B) OF THE OPENING PARAGRAPH OF THIS
SUBDIVISION, "AFFILIATED WITH, SPONSORED BY, OR CREATED BY A COUNTY,
CITY, TOWN OR VILLAGE GOVERNMENT" SHALL ALSO INCLUDE, BUT NOT BE LIMITED
TO, ENTITIES: (A) WHERE ONE OR MORE INDIVIDUALS WHO SERVE AS OFFICERS
OR EMPLOYEES OF ANY COUNTY, CITY, TOWN, VILLAGE: (I) SELECT EITHER A
MAJORITY OF THE NOT-FOR-PROFIT CORPORATION'S BOARD OF DIRECTORS OR THE
NOT-FOR-PROFIT CORPORATION'S CHIEF EXECUTIVE OFFICER; (II) CONSTITUTE A
MAJORITY OF THE VOTING STRENGTH THAT SELECTS EITHER A MAJORITY OF THE
NOT-FOR-PROFIT CORPORATION'S BOARD OF DIRECTORS OR THE CORPORATION'S
CHIEF EXECUTIVE OFFICER; OR (III) SERVE AS: (1) A MAJORITY OF THE NOT-
FOR-PROFIT CORPORATION'S BOARD OF DIRECTORS; OR (2) IN HIS OR HER OFFI-
CIAL CAPACITY, THE NOT-FOR-PROFIT CORPORATION'S CHIEF EXECUTIVE OFFICER;
OR (B) WHICH PAY STAFF OF A STATE OR LOCAL GOVERNMENT OR STATE OR LOCAL
AUTHORITY TO PROVIDE ADMINISTRATIVE OR OPERATIONAL SUPPORT.
§ 10. The public authorities law is amended by adding a new section
2829 to read as follows:
§ 2829. STATE AND LOCAL AUTHORITIES SUBJECT TO THE OPEN MEETINGS AND
FREEDOM OF INFORMATION LAWS. ALL STATE AND LOCAL AUTHORITIES, AS SUCH
TERMS ARE DEFINED IN SECTION TWO OF THIS CHAPTER, AS WELL AS ALL SUBSID-
IARIES AND AFFILIATES OF SUCH STATE AND LOCAL AUTHORITIES, AS SUCH TERMS
ARE DEFINED IN SECTION TWO OF THIS CHAPTER, SHALL BE SUBJECT TO THE
PROVISIONS OF ARTICLES SIX AND SEVEN OF THE PUBLIC OFFICERS LAW RELATING
TO THE FREEDOM OF INFORMATION AND OPEN MEETINGS LAWS RESPECTIVELY. ALL
STATE AND LOCAL AUTHORITIES, AS WELL AS ALL SUBSIDIARIES AND AFFILIATES
OF SUCH STATE AND LOCAL AUTHORITIES, SHALL, TO THE EXTENT PRACTICABLE,
STREAM ALL OPEN MEETINGS AND PUBLIC HEARINGS ON ITS WEBSITE IN REAL-
TIME, POST VIDEO RECORDINGS OF ALL OPEN MEETINGS AND PUBLIC HEARINGS ON
ITS WEBSITE WITHIN FIVE BUSINESS DAYS OF THE MEETING OR HEARING AND
MAINTAIN SUCH RECORDINGS FOR A PERIOD OF NOT LESS THAN FIVE YEARS.
§ 11. This act shall take effect on the thirtieth day after it shall
have become a law; provided, however, that the provisions of subpara-
graph 2 of paragraph (d) and paragraph (i) of section 1411 of the not-
for-profit corporation law, as amended by sections six and eight of this
S. 8308--B 101
act shall not apply retroactively to contracts or agreements between a
local development corporation and a municipal corporation, state or
local authority, or district entered into prior to the effective date of
this act.
SUBPART C
Section 1. The general municipal law is amended by adding a new
section 34-b to read as follows:
§ 34-B. EXAMINATION OF INDUSTRIAL DEVELOPMENT AGENCIES AND NOT-FOR-
PROFIT CORPORATIONS BY COUNTY COMPTROLLERS. 1. EXAMINATION OF INDUSTRIAL
DEVELOPMENT AGENCY PROJECTS AND ACTIONS BY COUNTY COMPTROLLERS. (A) A
COUNTY COMPTROLLER MAY CONDUCT AN AUDIT OF A PROJECT AND/OR ACTION OF AN
INDUSTRIAL DEVELOPMENT AGENCY LOCATED WITHIN THE COUNTY.
(B) IN COUNTIES WHERE THERE IS NO COUNTY COMPTROLLER, THE CHIEF
ELECTED OFFICIAL OF THE COUNTY SHALL DESIGNATE THE BUDGET DIRECTOR OR
FINANCE DIRECTOR TO UNDERTAKE SUCH AUDITS.
(C) FOR PURPOSES OF THIS SECTION, INDUSTRIAL DEVELOPMENT AGENCIES
INCLUDE SUCH PUBLIC AUTHORITIES DEFINED IN PARAGRAPH (C) OF SUBDIVISION
TWO OF SECTION TWO OF THE PUBLIC AUTHORITIES LAW.
2. EXAMINATION OF NOT-FOR-PROFIT CORPORATIONS BY COUNTY COMPTROLLERS.
(A) A COUNTY COMPTROLLER MAY CONDUCT AN AUDIT OF A NOT-FOR-PROFIT CORPO-
RATION AFFILIATED WITH, SPONSORED BY, OR CREATED BY A COUNTY, CITY, TOWN
OR VILLAGE GOVERNMENT, LOCATED WITHIN THE COUNTY.
(B) IN COUNTIES WHERE THERE IS NO COUNTY COMPTROLLER, THE CHIEF
ELECTED OFFICIAL OF THE COUNTY SHALL DESIGNATE THE BUDGET DIRECTOR OR
FINANCE DIRECTOR TO UNDERTAKE SUCH AUDITS.
(C) FOR PURPOSES OF THIS SECTION, NOT-FOR-PROFIT CORPORATIONS INCLUDE
SUCH PUBLIC AUTHORITIES DEFINED IN PARAGRAPH (B) OF SUBDIVISION TWO OF
SECTION TWO OF THE PUBLIC AUTHORITIES LAW.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
SUBPART D
Section 1. The public authorities law is amended by adding a new
section 9 to read as follows:
§ 9. REPORTS OF PUBLIC AUTHORITIES BY AUTHORITIES BUDGET OFFICE;
RECOMMENDATIONS FOR CORRECTIVE ACTION. WHENEVER THE AUTHORITIES BUDGET
OFFICE ISSUES A LETTER OR REPORT REGARDING THE ACTIVITIES AND OPERATIONS
OF ANY PUBLIC AUTHORITY, THE HEAD OF THE PUBLIC AUTHORITY WHICH THE
LETTER OR REPORT WAS ABOUT SHALL SUBMIT A WRITTEN RESPONSE TO THE LETTER
OR REPORT WITHIN THIRTY DAYS OF THE RECEIPT OF THE LETTER OR REPORT. IF
THE LETTER OR REPORT MAKES RECOMMENDATIONS FOR CORRECTIVE ACTION, SUCH
HEAD SHALL REPORT WITHIN ONE HUNDRED EIGHTY DAYS AFTER RECEIPT THEREOF
TO THE AUTHORITIES BUDGET OFFICE WHAT STEPS WERE TAKEN TO IMPLEMENT SUCH
RECOMMENDATIONS, AND, WHERE RECOMMENDATIONS WERE NOT IMPLEMENTED, THE
REASONS THEREFOR. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION
SHALL MAKE THE AUTHORITY DELINQUENT IN ITS REPORTING REQUIREMENTS.
§ 2. Subdivision 3 of section 2800 of the public authorities law, as
amended by chapter 766 of the laws of 2005, is amended to read as
follows:
3. Every financial report submitted under this section shall be
approved by the board and shall be certified, UNDER PENALTY OF PERJURY,
in writing by the chief executive officer and the chief financial offi-
cer of such authority that based on the officer's knowledge (a) the
S. 8308--B 102
information provided therein is accurate, correct and does not contain
any untrue statement of material fact; (b) does not omit any material
fact which, if omitted, would cause the financial statements to be
misleading in light of the circumstances under which such statements are
made; and (c) fairly presents in all material respects the financial
condition and results of operations of the authority as of, and for, the
periods presented in the financial statements. A KNOWING AND WILLFUL
VIOLATION OF THIS SECTION SHALL CONSTITUTE PERJURY IN THE THIRD DEGREE.
§ 3. Subdivision 2 of section 2824 of the public authorities law, as
added by section 766 of the laws of 2005, is amended to read as follows:
2. (A) Individuals appointed to the board of a public authority shall
participate in state approved training regarding their legal, fiduciary,
financial and ethical responsibilities as directors of an authority
within one year of appointment to a board. Board members shall partic-
ipate in such continuing training as may be required to remain informed
of best practices, regulatory and statutory changes relating to the
effective oversight of the management and financial activities of public
authorities and to adhere to the highest standards of responsible gover-
nance.
(B) EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER, A MEMBER IN NON-COM-
PLIANCE WITH THE REQUIREMENTS SET FORTH IN THIS SECTION SHALL BE SUBJECT
TO THE ENFORCEMENT POWERS OF THE AUTHORITIES BUDGET OFFICE, INCLUDING
BUT NOT LIMITED TO REMOVAL FROM THE BOARD OF SAID PUBLIC AUTHORITY. IF
AN INDIVIDUAL APPOINTED TO THE BOARD OF A PUBLIC AUTHORITY DOES NOT
COMPLETE THEIR STATE APPROVED TRAINING PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION THE AUTHORITY BUDGET OFFICE SHALL NOTIFY SAID INDIVIDUAL OF
THEIR OFFICIAL SUSPENSION AS A BOARD MEMBER. THE SUSPENSION SHALL BE FOR
A PERIOD OF THREE MONTHS AND SHALL COMMENCE WITH RECEIPT OF OFFICIAL
NOTICE OF THE SUSPENSION BY THE AUTHORITIES BUDGET OFFICE. THE SUSPEN-
SION SHALL BE TERMINATED IF SUCH INDIVIDUAL COMPLETES THE REQUIRED
TRAINING WITHIN THE THREE MONTH SUSPENSION PERIOD. IF SUCH INDIVIDUAL
FAILS TO COMPLETE THE REQUIRED TRAINING WITHIN THE THREE MONTH SUSPEN-
SION PERIOD, THE AUTHORITIES BUDGET OFFICE MAY REMOVE THE INDIVIDUAL
FROM THE PUBLIC AUTHORITY BOARD.
(C) AN INDIVIDUAL THAT HAS BEEN REMOVED FROM A PUBLIC AUTHORITY BOARD
BY THE AUTHORITIES BUDGET OFFICE PURSUANT TO PARAGRAPH (B) OF THIS
SUBDIVISION, MAY ONLY BE REINSTATED TO THAT PUBLIC AUTHORITY BOARD ONCE
THEY PROVIDE THE AUTHORITIES BUDGET OFFICE WITH OFFICIAL NOTICE CONFIRM-
ING THE TRAINING REQUIREMENTS SET FORTH IN PARAGRAPH (A) OF THIS SUBDI-
VISION HAVE BEEN MET.
§ 4. Section 104 of the not-for-profit corporation law is amended by
adding a new paragraph (i) to read as follows:
(I) IF AN INSTRUMENT WHICH IS DELIVERED TO THE DEPARTMENT OF STATE FOR
FILING RELATES TO A NOT-FOR-PROFIT CORPORATION CREATED PURSUANT TO
SECTION FOURTEEN HUNDRED ELEVEN OF THIS CHAPTER OR TO AN ENTITY THAT MAY
BE DEEMED A LOCAL AUTHORITY AS DEFINED BY SUBDIVISION TWO OF SECTION TWO
OF THE PUBLIC AUTHORITIES LAW, THE DEPARTMENT OF STATE SHALL REVIEW,
MAKE, CERTIFY AND TRANSMIT ELECTRONICALLY A COPY OF EACH SUCH INSTRUMENT
RELATING TO LOCAL ECONOMIC DEVELOPMENT TO THE AUTHORITIES BUDGET OFFICE.
§ 5. Paragraphs (i) and (j) of subdivision 2 of section 6 of the
public authorities law, as added by chapter 506 of the laws of 2009, are
amended and a new paragraph (k) is added to read as follows:
(i) compel any authority which is deemed to be in non-compliance with
this title and title one of this article or article nine of this chapter
to submit to the authorities budget office a detailed explanation of
such failure to comply; [and]
S. 8308--B 103
(j) commence a special proceeding in supreme court, when it does not
receive from a state or local authority upon request information, books,
records or other documentation necessary to perform its duties, seeking
an order directing the production of the same[.]; AND
(K) COMMENCE AN ACTION OR SPECIAL PROCEEDING TO ANNUL THE CORPORATE
EXISTENCE OR DISSOLVE A CORPORATION THAT HAS ACTED BEYOND ITS CAPACITY
OR POWER OR TO RESTRAIN IT FROM CARRYING ON UNAUTHORIZED ACTIVITIES.
§ 6. This act shall take effect on the ninetieth day after it shall
have become a law.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, subpart or part of this act shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall not
affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivi-
sion, section, subpart or part thereof directly involved in the contro-
versy in which such judgment shall have been rendered. It is hereby
declared to be the intent of the legislature that this act would have
been enacted even if such invalid provisions had not been included here-
in.
§ 4. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through D of this act shall
be as specifically set forth in the last section of such Subpart.
PART QQ
Section 1. The environmental conservation law is amended by adding a
new section 9-0115 to read as follows:
§ 9-0115. CATSKILL PARK COORDINATOR.
1. THE COMMISSIONER SHALL MAINTAIN IN THE DEPARTMENT THE POSITION OF
CATSKILL PARK COORDINATOR TO ASSIST THE COMMISSIONER IN THE DEVELOPMENT
AND IMPLEMENTATION OF THE PUBLIC ACCESS PLAN FOR THE CATSKILL PARK. THE
COMMISSIONER SHALL FIX THE CATSKILL PARK COORDINATOR'S COMPENSATION
WITHIN THE AMOUNTS APPROPRIATED THEREFOR AND PRESCRIBE THE CATSKILL PARK
COORDINATOR'S POWERS AND DUTIES, WHICH SHALL BE IN ADDITION TO THOSE
CONTAINED IN THIS SECTION. THE CATSKILL PARK COORDINATOR SHALL BUILD
PARTNERSHIPS BETWEEN THE DEPARTMENT AND OTHER STATE AGENCIES, MUNICIPAL
GOVERNMENTS, BUSINESSES AND NONPROFIT ENTITIES THAT WILL DEVELOP A
COMMUNITY-BASED TOURISM STRATEGY FOR THE FOREST PRESERVE TO HELP FORTIFY
THE REGIONAL ECONOMY BY SCHEDULING AND ORGANIZING FORUMS AND FOLLOWING
UP ON FUTURE RECOMMENDATIONS, ACTIONS, OR CONCERNS RAISED AT SUCH
FORUMS.
2. DUTIES OF THE CATSKILL PARK COORDINATOR SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE FOLLOWING:
A. COORDINATING IMPLEMENTATION OF THE PUBLIC ACCESS PLAN AND OTHER
APPROVED OR ADOPTED CATSKILL PARK-WIDE PLANS WITH ALL PUBLIC AND PRIVATE
STAKEHOLDERS;
B. ENHANCING THE ABILITY OF THE DEPARTMENT TO RESPOND TO THE NEEDS OF
THE PUBLIC ON A TIMELY BASIS;
C. COORDINATING COMPLEX MANAGEMENT ISSUES AND FACILITATING IMPROVED
COMMUNICATION BETWEEN PROGRAMS WITHIN REGIONS THREE AND FOUR OF THE
DEPARTMENT AND BETWEEN THOSE REGIONS AND THE CENTRAL OFFICES OF THE
DEPARTMENT;
D. SEEKING FUNDING FOR AND TRACKING IMPLEMENTATION OF THE PUBLIC
ACCESS PLAN, UNIT MANAGEMENT PLANS, AND OTHER APPROVED AND ADOPTED CATS-
KILL PARK-WIDE PLANS;
S. 8308--B 104
E. PROVIDING CONTINUITY WITH FUTURE PLANNING WITHIN THE DEPARTMENT AND
OTHER STATE AGENCIES, INCLUDING, BUT NOT LIMITED TO, THE CATSKILL ASSO-
CIATION FOR TOURISM SERVICES;
F. MAINTAINING A TRACKING SYSTEM FOR DEPARTMENT PROGRAM ACTIVITIES,
INCLUDING FACILITY DEVELOPMENT AND RESOURCE MANAGEMENT PLAN PREPARATION
AND IMPLEMENTATION FOR THE CATSKILL REGION; AND
G. PROVIDING FOR IMPROVED COMMUNICATIONS BETWEEN THE DEPARTMENT AND
THE PUBLIC AND BUILDING CONSTITUENCY SUPPORT FOR DEPARTMENTAL INITI-
ATIVES THAT BENEFIT THE CATSKILL REGION.
§ 2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.
PART RR
Section 1. The executive law is amended by adding a new article 26-A
to read as follows:
ARTICLE 26-A
OFFICE OF FLOODING PREVENTION AND MITIGATION
SECTION 730. DECLARATION OF FINDINGS AND LEGISLATIVE INTENT.
731. OFFICE OF FLOODING PREVENTION AND MITIGATION.
732. FUNCTIONS AND DUTIES OF THE OFFICE.
733. SUPPORT FOR COUNTIES AND MUNICIPALITIES.
734. GOVERNMENT ENTITY COORDINATION; INTRAGOVERNMENTAL MEETINGS.
735. PUBLIC AVAILABILITY OF INFORMATION; REPORTING.
736. FLOODING RESILIENCY.
§ 730. DECLARATION OF FINDINGS AND LEGISLATIVE INTENT. 1. THE LEGISLA-
TURE FINDS THAT FLOODING EVENTS CONSTITUTE A SIGNIFICANT AND ONGOING
THREAT TO PEOPLE AND PROPERTY IN THE STATE AND THAT THE THREATS OF
FLOODING ARE EXPECTED TO BE EXACERBATED BY THE INCREASING EFFECTS OF
CLIMATE CHANGE. THE LEGISLATURE FURTHER FINDS THAT THERE IS A NEED FOR
BETTER COORDINATION AND DIRECTION OF STATE AND LOCAL EFFORTS TO PREVENT
AND MITIGATE FLOODING.
2. THE LEGISLATURE DETERMINES THAT THERE IS A NEED FOR A NEW EXECUTIVE
OFFICE TO MANAGE AND COORDINATE THE WORK OF VARIOUS EXISTING TASK FORC-
ES, COMMISSIONS, AND OTHER BODIES AND PROGRAMS TASKED WITH EXAMINING
ISSUES RELATED TO FLOODING, TO REVIEW AND ASSESS BEST PRACTICES AND MAKE
RECOMMENDATIONS REGARDING FLOOD PREVENTION AND MITIGATION, AND TO ASSIST
MUNICIPALITIES IN DEVELOPING STRATEGIES AND POLICIES TO COMBAT FLOODING.
ACCORDINGLY, IT IS THE LEGISLATURE'S INTENT THAT A NEW OFFICE OF FLOOD-
ING PREVENTION AND MITIGATION BE CREATED TO ACCOMPLISH THESE PURPOSES.
§ 731. OFFICE OF FLOODING PREVENTION AND MITIGATION. THERE IS HEREBY
CREATED AN OFFICE OF FLOODING PREVENTION AND MITIGATION IN THE EXECUTIVE
DEPARTMENT. FOR THE PURPOSES OF THIS ARTICLE, "THE OFFICE" SHALL MEAN
THE OFFICE OF FLOODING PREVENTION AND MITIGATION. THE OFFICE SHALL BE
HEADED BY A DIRECTOR, WHO SHALL BE APPOINTED BY THE GOVERNOR BY AND WITH
THE ADVICE AND CONSENT OF THE SENATE AND SHALL HOLD OFFICE DURING THE
PLEASURE OF THE GOVERNOR. THE DIRECTOR SHALL HAVE SIGNIFICANT PROFES-
SIONAL EXPERIENCE IN FLOODING PLANNING, PREVENTION, MITIGATION, AND
RESILIENCY. THE DIRECTOR SHALL RECEIVE A SALARY TO BE FIXED BY THE
GOVERNOR WITHIN THE AMOUNT APPROPRIATED THEREFOR. THE DIRECTOR SHALL
APPOINT STAFF AND PERFORM SUCH OTHER FUNCTIONS TO ENSURE THE EFFICIENT
OPERATION OF THE OFFICE WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR BY
APPROPRIATION.
§ 732. FUNCTIONS AND DUTIES OF THE OFFICE. THE OFFICE SHALL HAVE THE
FOLLOWING FUNCTIONS AND DUTIES:
S. 8308--B 105
1. TO ESTABLISH AND MAINTAIN A PRINCIPAL OFFICE AND SUCH OTHER OFFICES
WITHIN THE STATE AS IT MAY DEEM NECESSARY.
2. TO APPOINT A SECRETARY, COUNSEL, CLERKS AND SUCH OTHER EMPLOYEES
AND AGENTS AS IT MAY DEEM NECESSARY, FIX THEIR COMPENSATION WITHIN THE
LIMITATIONS PROVIDED BY LAW, AND PRESCRIBE THEIR DUTIES.
3. TO REQUIRE THAT STATE AGENCIES AND ANY OTHER STATE OR MUNICIPAL
DEPARTMENT, AGENCY, PUBLIC AUTHORITY, TASK FORCE, COMMISSION, OR OTHER
STATE OR MUNICIPAL GOVERNMENT BODY, PROVIDE AND THE SAME ARE HEREBY
AUTHORIZED TO PROVIDE, SUCH ASSISTANCE, DOCUMENTS, AND DATA AS WILL
ENABLE THE OFFICE TO CARRY OUT ITS FUNCTIONS AND DUTIES.
4. TO ESTABLISH AND MAINTAIN A WEBSITE WHICH SHALL FACILITATE THE
SATISFACTION OF THE FUNCTIONS AND DUTIES OF THE OFFICE.
5. TO ADVISE AND ASSIST THE GOVERNOR IN DEVELOPING POLICIES DESIGNED
TO PREVENT AND MITIGATE FLOODING.
6. TO COORDINATE STATE AGENCIES, PROGRAMS AND ACTIVITIES RESPONSIBLE
FOR OR RELATING TO FLOODING, INCLUDING, WITHOUT LIMITATION, THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF FINANCIAL
SERVICES, THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, THE
DEPARTMENT OF STATE, RESILIENT NY, THE DISASTER PREPAREDNESS COMMISSION,
THE ROCKLAND-BERGEN FLOOD MITIGATION COUNCIL, THE NEW YORK STATE 2100
COMMISSION, THE SEA LEVEL RISE TASK FORCE, THE DELAWARE RIVER BASIN
COMMISSION, THE NEW YORK RISING COMMUNITY CONSTRUCTION PROGRAM AND THE
UPSTATE FLOOD MITIGATION TASK FORCE, TO THE EXTENT SUCH ENTITY EXISTS OR
IS PRESENTLY CONVENED, AS APPLICABLE, AND TO REQUIRE THAT SUCH ENTITIES
OR PROGRAMS PROVIDE DOCUMENTS TO THE OFFICE.
7. TO COOPERATE WITH, COORDINATE, ENCOURAGE AND ASSIST COUNTIES AND
MUNICIPALITIES IN THE DEVELOPMENT OF LOCAL PLANS AND POLICIES FOR FLOOD-
ING PREPAREDNESS, PREVENTION, AND MITIGATION, TO REFER MUNICIPALITIES TO
THE APPROPRIATE DEPARTMENTS AND AGENCIES OF THE STATE AND FEDERAL
GOVERNMENTS FOR ADVICE, ASSISTANCE AND AVAILABLE SERVICES WITH RESPECT
TO FLOODING, AND TO ADVISE MUNICIPALITIES IN THE SOLUTION OF FLOODING-
RELATED PROBLEMS.
8. TO STUDY THE OPERATION OF LAWS AND PROCEDURES AFFECTING FLOODING
AND RECOMMEND TO THE GOVERNOR AND LEGISLATURE PROPOSALS TO IMPROVE THE
ADMINISTRATION AND EFFECTIVENESS OF SUCH LAWS.
9. TO CONSULT WITH AND COOPERATE WITH MUNICIPALITIES AND OFFICERS,
ORGANIZATIONS, GROUPS AND INDIVIDUALS REPRESENTING THEM, TO THE END OF
MORE EFFECTIVELY CARRYING OUT THE FUNCTIONS AND DUTIES OF THE OFFICE.
10. TO UNDERTAKE, PROMOTE AND CONDUCT STUDIES, INQUIRIES, SURVEYS AND
ANALYSES OF ISSUES RELATED TO FLOODING AND AS NECESSARY FOR PERFORMANCE
OF THE FUNCTIONS AND DUTIES OF THE OFFICE THROUGH THE PERSONNEL OF THE
OFFICE OR CONSULTANTS, OR IN COOPERATION WITH ANY PUBLIC OR PRIVATE
AGENCIES, NATIONAL ASSOCIATIONS, ACADEMIC INSTITUTIONS, AND NOT-FOR-PRO-
FIT ORGANIZATIONS.
11. TO SERVE AS A CLEARINGHOUSE FOR THE BENEFIT OF MUNICIPALITIES
REGARDING INFORMATION RELATING TO FLOODING PREVENTION AND MITIGATION,
INCLUDING FLOODING PREVENTION AND MITIGATION PROJECT FUNDING PROGRAMS,
AND OTHER INFORMATION RELATING TO THEIR COMMON PROBLEMS WITH RESPECT TO
FLOODING AND THE STATE AND FEDERAL SERVICES AVAILABLE TO ASSIST IN SOLV-
ING SUCH PROBLEMS.
12. TO RENDER EVERY THIRD YEAR TO THE GOVERNOR AND TO THE LEGISLATURE,
ON OR BEFORE DECEMBER FIRST OF EACH SUCH YEAR, A WRITTEN REPORT ON THE
OFFICE'S ACTIVITIES INCLUDING, BUT NOT LIMITED TO, SPECIFIC INFORMATION
ON EACH OF THE SUBDIVISIONS OF THIS SECTION. SUCH REPORT SHALL ALSO
INCLUDE BUT NOT BE LIMITED TO INFORMATION REGARDING SIGNIFICANT FLOODING
EVENTS DURING THE INTERVENING YEARS AND AN ASSESSMENT OF THE ADEQUACY OF
S. 8308--B 106
CURRENT FLOODING-RELATED PROGRAMS, POLICIES, AND STATE AND LOCAL GOVERN-
MENT BODIES.
13. TO MAKE PUBLICLY AVAILABLE INFORMATION REGARDING THE PROGRESS AND
EFFECTIVENESS OF GOVERNMENT-SUPPORTED FLOOD PREVENTION AND MITIGATION
EFFORTS IN THE STATE.
14. TO DO ALL OTHER THINGS NECESSARY OR CONVENIENT TO CARRY OUT THE
FUNCTIONS AND DUTIES EXPRESSLY SET FORTH IN THIS ARTICLE OR AS MAY FROM
TIME TO TIME BE CONFIRMED UPON THE SECRETARY BY THE LEGISLATURE OF THE
STATE.
§ 733. SUPPORT FOR COUNTIES AND MUNICIPALITIES. IN FURTHERANCE OF THE
PROVISIONS OF SUBDIVISION NINE OF SECTION SEVEN HUNDRED THIRTY-TWO OF
THIS ARTICLE, THE OFFICE SHALL ENCOURAGE AND ASSIST LOCAL GOVERNMENTS IN
THE DEVELOPMENT OF PLANS AND POLICIES FOR FLOOD PREVENTION AND MITI-
GATION. SUCH ASSISTANCE SHALL BE AVAILABLE UPON REQUEST BY THE LOCAL
GOVERNMENT. IN FURTHERANCE THEREOF, THE DIRECTOR SHALL:
1. ESTABLISH SUCH PROGRAMS AND PROCESSES AS ARE CONVENIENT OR NECES-
SARY FOR:
(A) PROACTIVELY ENGAGING COUNTIES AND MUNICIPALITIES IN DEVELOPING
FLOOD PREVENTION AND MITIGATION STRATEGIES,
(B) PROVIDING FLOODING-RELATED RESOURCES, INCLUDING INFORMATION
REGARDING FINANCIAL ASSISTANCE FOR FLOODING PROJECTS, AND ASSISTANCE IN
APPLYING FOR SUCH FINANCIAL ASSISTANCE,
(C) COORDINATING AND FACILITATING CONSULTATION AND COORDINATION AMONG
LOCAL, COUNTY, REGIONAL, STATE AND FEDERAL GOVERNMENTAL BODIES AND
COMMUNITY-BASED GROUPS, AND
(D) SOLICITING INPUT FROM COUNTIES AND MUNICIPALITIES REGARDING FLOOD-
ING-RELATED CONCERNS.
2. DEVELOP AND MAINTAIN FORMS OF INTERMUNICIPAL AGREEMENTS AND OTHER
DOCUMENTS AS MAY ASSIST IN FACILITATING COOPERATION BETWEEN MUNICI-
PALITIES IN ADDRESSING FLOODING ISSUES THAT INVOLVE MORE THAN ONE MUNI-
CIPALITY.
3. PROMOTE FLOODING PREVENTION AND MITIGATION STRATEGIES, INCLUDING,
WITHOUT LIMITATION, USE OF LIVING SHORELINES AND OTHER NATURE-BASED
SOLUTIONS, PERMEABLE SURFACES, RAIN GARDENS, WETLAND RESTORATION, WASTE-
WATER AND STORMWATER INFRASTRUCTURE UPGRADES, ALTERATION OF FLOOD-PRONE
STRUCTURES, AND OTHER FLOOD PREVENTION, MITIGATION AND RESILIENCY
PROJECTS ENCOMPASSED BY SUBDIVISION ONE OF SECTION 54-1523 AND SUBDIVI-
SION ONE OF SECTION 58-0303 OF THE ENVIRONMENTAL CONSERVATION LAW.
4. COMMUNICATE AND COORDINATE WITH THE DEPARTMENT OF FINANCIAL
SERVICES REGARDING FLOOD INSURANCE-RELATED MATTERS AFFECTING MUNICI-
PALITIES TO IMPROVE MUNICIPAL PARTICIPATION AND COMPLIANCE WITH RESPECT
TO SUCH RELEVANT FLOOD INSURANCE PROGRAMS.
§ 734. GOVERNMENT ENTITY COORDINATION; INTRAGOVERNMENTAL MEETINGS. 1.
THE OFFICE SHALL REGULARLY CONSULT AND COORDINATE ITS EFFORTS WITH SUCH
OTHER STATE GOVERNMENT BODIES AND OTHER STATE, REGIONAL, OR LOCAL
PROGRAMS AS IS NECESSARY OR CONVENIENT TO SUCCESSFULLY FULFILL ITS FUNC-
TIONS AND DUTIES.
2. THE OFFICE SHALL, ON A BIANNUAL BASIS, CONVENE A MEETING OF THE
EXECUTIVE OFFICERS OR SIMILAR OFFICIALS OR THEIR REPRESENTATIVES OF THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF FINANCIAL
SERVICES, THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, THE
DEPARTMENT OF STATE, RESILIENT NY, THE DISASTER PREPAREDNESS COMMISSION,
THE ROCKLAND-BERGEN FLOOD MITIGATION COUNCIL, THE NEW YORK STATE 2100
COMMISSION, THE SEA LEVEL RISE TASK FORCE, THE DELAWARE RIVER BASIN
COMMISSION, THE NEW YORK RISING COMMUNITY CONSTRUCTION PROGRAM AND THE
UPSTATE FLOOD MITIGATION TASK FORCE, TO THE EXTENT SUCH ENTITY EXISTS OR
S. 8308--B 107
IS PRESENTLY CONVENED, AS APPLICABLE, TO EVALUATE THE EFFECTIVENESS OF
FLOODING PREVENTION AND MITIGATION THROUGHOUT THE STATE, TO REVIEW AND
ASSESS THE RESPECTIVE CONTRIBUTIONS OF SUCH ENTITIES AND PROGRAMS TO
FLOODING PREVENTION AND MITIGATION, AND TO FACILITATE COOPERATION
AMONGST SUCH ENTITIES AND PROGRAMS.
§ 735. PUBLIC AVAILABILITY OF INFORMATION; REPORTING. 1. IN FURTHER-
ANCE OF THE PROVISIONS OF SUBDIVISION THIRTEEN OF SECTION SEVEN HUNDRED
THIRTY-TWO OF THIS ARTICLE, THE OFFICE SHALL COLLECT AND MAKE PUBLICLY
AVAILABLE ON ITS WEBSITE REPORTS, RESOURCES, DESCRIPTIONS OF PROCESSES
AND RESPONSIBILITIES OF THE OFFICE AND OTHER STATE GOVERNMENTAL AGEN-
CIES, ENTITIES AND PROGRAMS TASKED WITH ADDRESSING FLOODING-RELATED
ISSUES, ANALYSES REGARDING THE EFFECTIVENESS OF SUCH VARIOUS GOVERN-
MENTAL ENTITIES AND PROGRAMS AND OTHER RELATED AND RELEVANT INFORMATION
FROM SUCH GOVERNMENTAL AGENCIES, ENTITIES AND PROGRAMS. SUCH GOVERN-
MENTAL AGENCIES, ENTITIES AND PROGRAMS SHALL INCLUDE, WITHOUT LIMITA-
TION, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF
FINANCIAL SERVICES, THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
SERVICES, THE DEPARTMENT OF STATE, RESILIENT NY, THE DISASTER PREPARED-
NESS COMMISSION, THE ROCKLAND-BERGEN FLOOD MITIGATION COUNCIL, THE NEW
YORK STATE 2100 COMMISSION, THE SEA LEVEL RISE TASK FORCE, THE DELAWARE
RIVER BASIN COMMISSION, THE NEW YORK RISING COMMUNITY CONSTRUCTION
PROGRAM AND THE UPSTATE FLOOD MITIGATION TASK FORCE, TO THE EXTENT SUCH
ENTITY EXISTS OR IS PRESENTLY CONVENED, AS APPLICABLE.
2. NO LATER THAN DECEMBER FIRST, TWO THOUSAND TWENTY-FIVE, AND BY
NOVEMBER THIRTIETH OF EVERY THIRD YEAR THEREAFTER, THE OFFICE SHALL
TRANSMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE
SPEAKER OF THE ASSEMBLY A REPORT CONTAINING:
(A) AN ASSESSMENT OF THE EXTENT AND MAGNITUDE OF FLOODING RISKS,
INCLUDING IDENTIFYING THOSE REGIONS AND POPULATIONS MOST AFFECTED BY
FLOODING;
(B) CRITERIA AND GUIDELINES FOR IDENTIFYING AND PRIORITIZING REGIONS
AND PROJECTS MOST IN NEED OF MITIGATION;
(C) IDENTIFICATION OF EXISTING AND EMERGING TECHNOLOGIES, STRATEGIES
AND POLICIES WHICH CAN MITIGATE THE IMPACT OF FLOODING ON POPULATIONS
AND INFRASTRUCTURE;
(D) IDENTIFICATION OF POTENTIAL FUNDING SOURCES TO SUPPORT RESIDEN-
TIAL, COMMERCIAL AND PUBLIC MITIGATION EFFORTS;
(E) RESEARCH PROJECTS OR STUDIES TO BETTER UNDERSTAND HOW FLOODING
AFFECTS THE GEOGRAPHY AND THE POPULATION OF THIS STATE; AND
(F) RECOMMENDATIONS TO THE GOVERNOR AND THE STATE LEGISLATURE AS TO
THE BEST USE OF STATE RESOURCES TO ASSIST FLOOD-PRONE COUNTIES AND MUNI-
CIPALITIES TO PREVENT OR MITIGATE THE EFFECTS OF FLOODING.
§ 736. FLOODING RESILIENCY. IN FULFILLING THE PROVISIONS OF THIS ARTI-
CLE, THE OFFICE SHALL INCORPORATE INTO ITS POLICIES, PROCESSES AND DECI-
SIONS CONSIDERATION FOR THE INCREASED LIKELIHOOD OF FLOODING DUE TO
CLIMATE CHANGE AS COMPARED TO HISTORIC INDICATORS AND THE NEED FOR LONG-
TERM RESILIENCY AGAINST SUCH INCREASE IN FLOODING. THE OFFICE IS AUTHOR-
IZED TO AND SHALL TAKE ACTIONS AND MAKE RECOMMENDATIONS WHICH EXCEED
CURRENT BEST PRACTICES FOR FLOODING PREVENTION AND MITIGATION WHEN SUCH
CURRENT BEST PRACTICES DO NOT SUFFICIENTLY ACCOUNT FOR THE LIKELIHOOD OF
INCREASED FLOODING DUE TO CLIMATE CHANGE.
§ 2. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
S. 8308--B 108
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 3. This act shall take effect immediately.
PART SS
Section 1. This act shall be known and may be cited as the "climate
change superfund act".
§ 2. The environmental conservation law is amended by adding a new
article 76 to read as follows:
ARTICLE 76
CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM
SECTION 76-0101. DEFINITIONS.
76-0103. THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM.
76-0105. LABOR AND JOB STANDARDS AND WORKER PROTECTION.
§ 76-0101. DEFINITIONS.
FOR THE PURPOSES OF THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "APPLICABLE PAYMENT DATE" MEANS SEPTEMBER THIRTIETH OF THE SECOND
CALENDAR YEAR FOLLOWING THE YEAR IN WHICH THIS ARTICLE IS ENACTED INTO
LAW.
2. "CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECT" MEANS AN INFRAS-
TRUCTURE PROJECT DESIGNED TO AVOID, MODERATE, REPAIR, OR ADAPT TO NEGA-
TIVE IMPACTS CAUSED BY CLIMATE CHANGE, AND TO ASSIST COMMUNITIES, HOUSE-
HOLDS, AND BUSINESSES IN PREPARING FOR FUTURE CLIMATE CHANGE-DRIVEN
DISRUPTIONS. SUCH PROJECTS INCLUDE BUT ARE NOT LIMITED TO RESTORING
COASTAL WETLANDS AND DEVELOPING OTHER NATURE-BASED SOLUTIONS AND COASTAL
PROTECTIONS; UPGRADING STORM WATER DRAINAGE SYSTEMS; MAKING DEFENSIVE
UPGRADES TO ROADS, BRIDGES, SUBWAYS, AND TRANSIT SYSTEMS; PREPARING FOR
AND RECOVERING FROM HURRICANES AND OTHER EXTREME WEATHER EVENTS; UNDER-
TAKING PREVENTIVE HEALTH CARE PROGRAMS AND PROVIDING MEDICAL CARE TO
TREAT ILLNESS OR INJURY CAUSED BY THE EFFECTS OF CLIMATE CHANGE; RELO-
CATING, ELEVATING, OR RETROFITTING SEWAGE TREATMENT PLANTS VULNERABLE TO
FLOODING; INSTALLING ENERGY EFFICIENT COOLING SYSTEMS AND OTHER WEATHER-
IZATION AND ENERGY EFFICIENCY UPGRADES AND RETROFITS IN PUBLIC AND
PRIVATE BUILDINGS, INCLUDING SCHOOLS AND PUBLIC HOUSING; UPGRADING PARTS
OF THE ELECTRICAL GRID TO INCREASE STABILITY AND RESILIENCE, INCLUDING
SUPPORTING THE CREATION OF SELF-SUFFICIENT CLEAN ENERGY MICROGRIDS;
ADDRESSING URBAN HEAT ISLAND EFFECTS THROUGH GREEN SPACES, URBAN FORES-
TRY, AND OTHER INTERVENTIONS; AND RESPONDING TO TOXIC ALGAE BLOOMS, LOSS
OF AGRICULTURAL TOPSOIL, AND OTHER CLIMATE-DRIVEN ECOSYSTEM THREATS TO
FORESTS, FARMS, FISHERIES, AND FOOD SYSTEMS.
3. "COAL" SHALL HAVE THE SAME DEFINITION AS IN SECTION 1-103 OF THE
ENERGY LAW.
4. "CONTROLLED GROUP" MEANS TWO OR MORE ENTITIES TREATED AS A SINGLE
EMPLOYER UNDER SECTION 52(A) OR (B) OR SECTION 414(M) OR (O) OF THE
INTERNAL REVENUE CODE. IN APPLYING SUBSECTIONS (A) AND (B) OF SECTION
52, SECTION 1563 OF THE INTERNAL REVENUE CODE SHALL BE APPLIED WITHOUT
REGARD TO SUBSECTION(B)(2)(C). FOR PURPOSES OF THIS ARTICLE, ENTITIES IN
A CONTROLLED GROUP ARE TREATED AS A SINGLE ENTITY FOR PURPOSES OF MEET-
ING THE DEFINITION OF RESPONSIBLE PARTY AND ARE JOINTLY AND SEVERALLY
LIABLE FOR PAYMENT OF ANY COST RECOVERY DEMAND OWED BY ANY ENTITY IN THE
CONTROLLED GROUP.
S. 8308--B 109
5. "COST RECOVERY DEMAND" MEANS A CHARGE ASSERTED AGAINST A RESPONSI-
BLE PARTY FOR COST RECOVERY PAYMENTS UNDER THE PROGRAM FOR PAYMENT TO
THE FUND.
6. "COVERED GREENHOUSE GAS EMISSIONS" MEANS, WITH RESPECT TO ANY ENTI-
TY, THE TOTAL QUANTITY OF GREENHOUSE GASES RELEASED INTO THE ATMOSPHERE
DURING THE COVERED PERIOD, EXPRESSED IN METRIC TONS OF CARBON DIOXIDE
EQUIVALENT, AS DEFINED IN SECTION 75-0101 OF THIS CHAPTER, INCLUDING BUT
NOT LIMITED TO RELEASES OF GREENHOUSE GASES RESULTING FROM THE
EXTRACTION, STORAGE, PRODUCTION, REFINEMENT, TRANSPORT, MANUFACTURE,
DISTRIBUTION, SALE, AND USE OF FOSSIL FUELS OR PETROLEUM PRODUCTS
EXTRACTED, PRODUCED, REFINED, OR SOLD BY SUCH ENTITY.
7. "COVERED PERIOD" MEANS THE PERIOD THAT BEGAN JANUARY FIRST, TWO
THOUSAND AND ENDED ON DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN.
8. "CRUDE OIL" MEANS OIL OR PETROLEUM OF ANY KIND AND IN ANY FORM,
INCLUDING BITUMEN, OIL SANDS, HEAVY OIL, CONVENTIONAL AND UNCONVENTIONAL
OIL, SHALE OIL, NATURAL GAS LIQUIDS, CONDENSATES, AND RELATED FOSSIL
FUELS.
9. "ENTITY" MEANS ANY INDIVIDUAL, TRUSTEE, AGENT, PARTNERSHIP, ASSOCI-
ATION, CORPORATION, COMPANY, MUNICIPALITY, POLITICAL SUBDIVISION, OR
OTHER LEGAL ORGANIZATION, INCLUDING A FOREIGN NATION, THAT HOLDS OR HELD
AN OWNERSHIP INTEREST IN A FOSSIL FUEL BUSINESS DURING THE COVERED PERI-
OD.
10. "FOSSIL FUEL" SHALL HAVE THE SAME DEFINITION AS IN SECTION 1-103
OF THE ENERGY LAW.
11. "FOSSIL FUEL BUSINESS" MEANS A BUSINESS ENGAGING IN THE EXTRACTION
OF FOSSIL FUELS OR THE REFINING OF PETROLEUM PRODUCTS.
12. "FUEL GASES" SHALL HAVE THE SAME DEFINITION AS IN SECTION 1-103 OF
THE ENERGY LAW.
13. "FUND" MEANS THE CLIMATE CHANGE ADAPTATION FUND ESTABLISHED PURSU-
ANT TO SECTION NINETY-SEVEN-M OF THE STATE FINANCE LAW.
14. "GREENHOUSE GAS" SHALL HAVE THE SAME DEFINITION AS IN SECTION
75-0101 OF THIS CHAPTER.
15. "NATURE-BASED SOLUTIONS" SHALL MEAN PROJECTS THAT UTILIZE OR MIMIC
NATURE OR NATURAL PROCESSES AND FUNCTIONS AND THAT MAY ALSO OFFER ENVI-
RONMENTAL, ECONOMIC, AND SOCIAL BENEFITS, WHILE INCREASING RESILIENCE.
NATURE-BASED SOLUTIONS INCLUDE BOTH GREEN AND NATURAL INFRASTRUCTURE.
16. "NOTICE OF COST RECOVERY DEMAND" MEANS THE WRITTEN COMMUNICATION
INFORMING A RESPONSIBLE PARTY OF THE AMOUNT OF THE COST RECOVERY DEMAND
PAYABLE TO THE FUND.
17. "PETROLEUM PRODUCTS" SHALL HAVE THE SAME DEFINITION AS IN SECTION
1-103 OF THE ENERGY LAW.
18. "PROGRAM" MEANS THE CLIMATE CHANGE ADAPTATION COST RECOVERY
PROGRAM ESTABLISHED UNDER SECTION 76-0103 OF THIS ARTICLE.
19. "QUALIFYING EXPENDITURE" MEANS AN AUTHORIZED PAYMENT FROM THE FUND
IN SUPPORT OF A CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECT, INCLUD-
ING ITS OPERATION AND MAINTENANCE, AS DEFINED BY THE DEPARTMENT.
20. "RESPONSIBLE PARTY" MEANS ANY ENTITY (OR A SUCCESSOR IN INTEREST
TO SUCH ENTITY DESCRIBED HEREIN), WHICH, DURING ANY PART OF THE COVERED
PERIOD, WAS ENGAGED IN THE TRADE OR BUSINESS OF EXTRACTING FOSSIL FUEL
OR REFINING CRUDE OIL AND IS DETERMINED BY THE DEPARTMENT TO BE RESPON-
SIBLE FOR MORE THAN ONE BILLION TONS OF COVERED GREENHOUSE GAS EMIS-
SIONS. THE TERM RESPONSIBLE PARTY SHALL NOT INCLUDE ANY PERSON WHO LACKS
SUFFICIENT CONNECTION WITH THE STATE TO SATISFY THE NEXUS REQUIREMENTS
OF THE UNITED STATES CONSTITUTION.
§ 76-0103. THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM.
S. 8308--B 110
1. THERE IS HEREBY ESTABLISHED A CLIMATE CHANGE ADAPTATION COST RECOV-
ERY PROGRAM ADMINISTERED BY THE DEPARTMENT.
2. THE PURPOSES OF THE PROGRAM SHALL BE THE FOLLOWING:
A. TO SECURE COMPENSATORY PAYMENTS FROM RESPONSIBLE PARTIES BASED ON A
STANDARD OF STRICT LIABILITY TO PROVIDE A SOURCE OF REVENUE FOR CLIMATE
CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS WITHIN THE STATE;
B. TO DETERMINE PROPORTIONAL LIABILITY OF RESPONSIBLE PARTIES PURSUANT
TO SUBDIVISION 3 OF THIS SECTION;
C. TO IMPOSE COST RECOVERY DEMANDS ON RESPONSIBLE PARTIES AND ISSUE
NOTICES OF COST RECOVERY DEMANDS;
D. TO ACCEPT AND COLLECT PAYMENT FROM RESPONSIBLE PARTIES;
E. TO IDENTIFY CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS;
F. TO DISPERSE FUNDS TO CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE
PROJECTS; AND
G. TO ALLOCATE FUNDS IN SUCH A WAY AS TO ACHIEVE A GOAL THAT AT LEAST
FORTY PERCENT OF THE QUALIFIED EXPENDITURES FROM THE PROGRAM, BUT NOT
LESS THAN THIRTY-FIVE PERCENT OF SUCH EXPENDITURES, SHALL GO TO CLIMATE
CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS THAT BENEFIT DISADVANTAGED
COMMUNITIES AS DEFINED IN SECTION 75-0101 OF THIS CHAPTER.
3. A. A RESPONSIBLE PARTY SHALL BE STRICTLY LIABLE, WITHOUT REGARD TO
FAULT, FOR A SHARE OF THE COSTS OF CLIMATE CHANGE ADAPTIVE INFRASTRUC-
TURE PROJECTS, INCLUDING THEIR OPERATION AND MAINTENANCE, SUPPORTED BY
THE FUND.
B. WITH RESPECT TO EACH RESPONSIBLE PARTY, THE COST RECOVERY DEMAND
SHALL BE EQUAL TO AN AMOUNT THAT BEARS THE SAME RATIO TO SEVENTY-FIVE
BILLION DOLLARS AS THE RESPONSIBLE PARTY'S APPLICABLE SHARE OF COVERED
GREENHOUSE GAS EMISSIONS BEARS TO THE AGGREGATE APPLICABLE SHARES OF
COVERED GREENHOUSE GAS EMISSIONS OF ALL RESPONSIBLE PARTIES.
C. THE APPLICABLE SHARE OF COVERED GREENHOUSE GAS EMISSIONS TAKEN INTO
ACCOUNT UNDER THIS SECTION FOR ANY RESPONSIBLE PARTY SHALL BE THE AMOUNT
BY WHICH THE COVERED GREENHOUSE GAS EMISSIONS ATTRIBUTABLE TO SUCH
RESPONSIBLE PARTY EXCEEDS ONE BILLION METRIC TONS.
D. WHERE AN ENTITY OWNS A MINORITY INTEREST IN ANOTHER ENTITY OF TEN
PERCENT OR MORE, THE CALCULATION OF THE ENTITY'S APPLICABLE SHARE OF
GREENHOUSE GAS EMISSIONS TAKEN INTO ACCOUNT UNDER THIS SECTION SHALL
INCLUDE THE APPLICABLE SHARE OF GREENHOUSE GAS EMISSIONS TAKEN INTO
ACCOUNT UNDER THIS SECTION BY THE ENTITY IN WHICH THE RESPONSIBLE PARTY
HOLDS A MINORITY INTEREST, MULTIPLIED BY THE PERCENTAGE OF THE MINORITY
INTEREST HELD.
E. IN DETERMINING THE AMOUNT OF GREENHOUSE GAS EMISSIONS ATTRIBUTABLE
TO ANY ENTITY, AN AMOUNT EQUIVALENT TO NINE HUNDRED FORTY-TWO AND ONE-
HALF METRIC TONS OF CARBON DIOXIDE EQUIVALENT SHALL BE TREATED AS
RELEASED FOR EVERY MILLION POUNDS OF COAL ATTRIBUTABLE TO SUCH ENTITY;
AN AMOUNT EQUIVALENT TO FOUR HUNDRED THIRTY-TWO THOUSAND ONE HUNDRED
EIGHTY METRIC TONS OF CARBON DIOXIDE EQUIVALENT SHALL BE TREATED AS
RELEASED FOR EVERY MILLION BARRELS OF CRUDE OIL ATTRIBUTABLE TO SUCH
ENTITY; AND AN AMOUNT EQUIVALENT TO FIFTY-THREE THOUSAND FOUR HUNDRED
FORTY METRIC TONS OF CARBON DIOXIDE EQUIVALENT SHALL BE TREATED AS
RELEASED FOR EVERY MILLION CUBIC FEET OF FUEL GASES ATTRIBUTABLE TO SUCH
ENTITY.
F. THE COMMISSIONER MAY ADJUST THE COST RECOVERY DEMAND AMOUNT OF A
RESPONSIBLE PARTY REFINING PETROLEUM PRODUCTS (OR WHO IS A SUCCESSOR IN
INTEREST TO SUCH AN ENTITY) IF SUCH RESPONSIBLE PARTY ESTABLISHES TO THE
SATISFACTION OF THE COMMISSIONER THAT A PORTION OF THE COST RECOVERY
DEMAND AMOUNT WAS ATTRIBUTABLE TO THE REFINING OF CRUDE OIL EXTRACTED BY
ANOTHER RESPONSIBLE PARTY (OR WHO IS A SUCCESSOR IN INTEREST TO SUCH AN
S. 8308--B 111
ENTITY) THAT ACCOUNTED FOR SUCH CRUDE OIL IN DETERMINING ITS COST RECOV-
ERY DEMAND AMOUNT.
G. PAYMENT OF A COST RECOVERY DEMAND SHALL BE MADE IN FULL ON THE
APPLICABLE PAYMENT DATE UNLESS A RESPONSIBLE PARTY ELECTS TO PAY IN
INSTALLMENTS PURSUANT TO PARAGRAPH H OF THIS SUBDIVISION.
H. A RESPONSIBLE PARTY MAY ELECT TO PAY THE COST RECOVERY DEMAND
AMOUNT IN TWENTY-FOUR ANNUAL INSTALLMENTS, EIGHT PERCENT OF THE TOTAL
DUE IN THE FIRST INSTALLMENT AND FOUR PERCENT OF THE TOTAL DUE IN EACH
OF THE FOLLOWING TWENTY-THREE INSTALLMENTS. IF AN ELECTION IS MADE UNDER
THIS PARAGRAPH, THE FIRST INSTALLMENT SHALL BE PAID ON THE APPLICABLE
PAYMENT DATE AND EACH SUBSEQUENT INSTALLMENT SHALL BE PAID ON THE SAME
DATE AS THE APPLICABLE PAYMENT DATE IN EACH SUCCEEDING YEAR.
I. IF THERE IS ANY ADDITION TO THE ORIGINAL AMOUNT OF THE COST RECOV-
ERY DEMAND FOR FAILURE TO TIMELY PAY ANY INSTALLMENT REQUIRED UNDER THIS
SUBDIVISION, A LIQUIDATION OR SALE OF SUBSTANTIALLY ALL THE ASSETS OF
THE RESPONSIBLE PARTY (INCLUDING IN A PROCEEDING UNDER U.S. CODE: TITLE
11 OR SIMILAR CASE), A CESSATION OF BUSINESS BY THE RESPONSIBLE PARTY,
OR ANY SIMILAR CIRCUMSTANCE, THEN THE UNPAID BALANCE OF ALL REMAINING
INSTALLMENTS SHALL BE DUE ON THE DATE OF SUCH EVENT (OR IN THE CASE OF A
PROCEEDING UNDER U.S. CODE: TITLE 11 OR SIMILAR CASE, ON THE DAY BEFORE
THE PETITION IS FILED). THE PRECEDING SENTENCE SHALL NOT APPLY TO THE
SALE OF SUBSTANTIALLY ALL OF THE ASSETS OF A RESPONSIBLE PARTY TO A
BUYER IF SUCH BUYER ENTERS INTO AN AGREEMENT WITH THE DEPARTMENT UNDER
WHICH SUCH BUYER IS LIABLE FOR THE REMAINING INSTALLMENTS DUE UNDER THIS
SUBDIVISION IN THE SAME MANNER AS IF SUCH BUYER WERE THE RESPONSIBLE
PARTY.
4. A. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, THE
DEPARTMENT SHALL PROMULGATE SUCH REGULATIONS AS ARE NECESSARY TO CARRY
OUT THIS ARTICLE, INCLUDING BUT NOT LIMITED TO:
(I) ADOPTING METHODOLOGIES USING THE BEST AVAILABLE SCIENCE TO DETER-
MINE RESPONSIBLE PARTIES AND THEIR APPLICABLE SHARE OF COVERED GREEN-
HOUSE GAS EMISSIONS CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE;
(II) REGISTERING ENTITIES THAT ARE RESPONSIBLE PARTIES UNDER THE
PROGRAM;
(III) ISSUING NOTICES OF COST RECOVERY DEMAND TO RESPONSIBLE PARTIES
INFORMING THEM OF THE COST RECOVERY DEMAND AMOUNT; HOW AND WHERE COST
RECOVERY DEMANDS CAN BE PAID; THE POTENTIAL CONSEQUENCES OF NONPAYMENT
AND LATE PAYMENT; AND INFORMATION REGARDING THEIR RIGHTS TO CONTEST AN
ASSESSMENT;
(IV) ACCEPTING PAYMENTS FROM, PURSUING COLLECTION EFFORTS AGAINST, AND
NEGOTIATING SETTLEMENTS WITH RESPONSIBLE PARTIES; AND
(V) ADOPTING PROCEDURES FOR IDENTIFYING AND SELECTING CLIMATE CHANGE
ADAPTIVE INFRASTRUCTURE PROJECTS ELIGIBLE TO RECEIVE QUALIFYING EXPENDI-
TURES, INCLUDING LEGISLATIVE BUDGET APPROPRIATIONS, ISSUANCE OF REQUESTS
FOR PROPOSALS FROM LOCALITIES AND NOT-FOR-PROFIT AND COMMUNITY ORGANIZA-
TIONS, GRANTS TO PRIVATE INDIVIDUALS, OR OTHER METHODS AS DETERMINED BY
THE DEPARTMENT, AND FOR DISPERSING MONEYS FROM THE FUND FOR QUALIFYING
EXPENDITURES. WHEN CONSIDERING PROJECTS INTENDED TO STABILIZE TIDAL
SHORELINES, THE DEPARTMENT SHALL ENCOURAGE THE USE OF NATURE-BASED
SOLUTIONS. TOTAL QUALIFYING EXPENDITURES SHALL BE ALLOCATED IN SUCH A
WAY AS TO ACHIEVE A GOAL THAT AT LEAST FORTY PERCENT OF THE QUALIFIED
EXPENDITURES FROM THE PROGRAM, BUT NOT LESS THAN THIRTY-FIVE PERCENT OF
SUCH EXPENDITURES, SHALL GO TO CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE
PROJECTS THAT BENEFIT DISADVANTAGED COMMUNITIES AS DEFINED IN SECTION
75-0101 OF THIS CHAPTER.
S. 8308--B 112
B. THE DEPARTMENT SHALL HOLD AT LEAST TWO PUBLIC HEARINGS, ONE IN-PER-
SON AND ONE VIRTUAL, ON PROPOSED REGULATIONS, WITH A MINIMUM OF THIRTY
DAYS' PUBLIC NOTICE IN COMPLIANCE WITH THE PROVISIONS OF ARTICLE SEVEN
OF THE PUBLIC OFFICERS LAW.
5. WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE DEPART-
MENT SHALL COMPLETE A STATEWIDE CLIMATE CHANGE ADAPTATION MASTER PLAN
FOR THE PURPOSE OF GUIDING THE DISPERSAL OF FUNDS IN A TIMELY, EFFI-
CIENT, AND EQUITABLE MANNER TO ALL REGIONS OF THE STATE IN ACCORDANCE
WITH THE PROVISIONS OF THIS CHAPTER. IN COMPLETING SUCH PLAN, THE
DEPARTMENT SHALL:
A. COLLABORATE WITH THE DEPARTMENT OF STATE, EMPIRE STATE DEVELOPMENT,
THE DEPARTMENT OF AGRICULTURE AND MARKETS, THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY, THE DEPARTMENT OF PUBLIC SERVICE,
AND THE NEW YORK INDEPENDENT SYSTEMS OPERATOR;
B. ASSESS THE ADAPTATION NEEDS AND VULNERABILITIES OF VARIOUS AREAS
VITAL TO THE STATE'S ECONOMY, NORMAL FUNCTIONING, AND THE HEALTH AND
WELL-BEING OF NEW YORKERS, INCLUDING BUT NOT LIMITED TO: AGRICULTURE,
BIODIVERSITY, ECOSYSTEM SERVICES, EDUCATION, FINANCE, HEALTHCARE, MANU-
FACTURING, HOUSING AND REAL ESTATE, RETAIL, TOURISM (INCLUDING STATE AND
MUNICIPAL PARKS), TRANSPORTATION, AND MUNICIPAL AND LOCAL GOVERNMENT;
C. IDENTIFY MAJOR POTENTIAL, PROPOSED, AND ONGOING CLIMATE CHANGE
ADAPTIVE INFRASTRUCTURE PROJECTS THROUGHOUT THE STATE;
D. IDENTIFY OPPORTUNITIES FOR ALIGNMENT WITH EXISTING FEDERAL, STATE,
AND LOCAL FUNDING STREAMS;
E. CONSULT WITH STAKEHOLDERS, INCLUDING LOCAL GOVERNMENTS, BUSINESSES,
ENVIRONMENTAL ADVOCATES, RELEVANT SUBJECT AREA EXPERTS, AND REPRESEN-
TATIVES OF DISADVANTAGED COMMUNITIES; AND
F. PROVIDE OPPORTUNITIES FOR PUBLIC ENGAGEMENT IN ALL REGIONS OF THE
STATE.
6. THE DEPARTMENT, THE DEPARTMENT OF TAXATION AND FINANCE, AND THE
ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO ENFORCE THE PROVISIONS OF THIS
ARTICLE.
7. THE DEPARTMENT OR THE DEPARTMENT OF TAXATION AND FINANCE SHALL
PROVIDE AN OPPORTUNITY TO BE HEARD TO ANY RESPONSIBLE PARTIES THAT SEEK
TO CONTEST A COST RECOVERY DEMAND. DETERMINATIONS MADE IN FAVOR OF A
PETITIONER AFTER SUCH HEARING SHALL BE FINAL AND CONCLUSIVE. A DETERMI-
NATION IN FAVOR OF THE STATE MAY BE APPEALED UNDER ARTICLE SEVENTY-EIGHT
OF THE CIVIL PRACTICE LAW AND RULES.
8. MONEYS RECEIVED FROM COST RECOVERY DEMANDS SHALL BE DEPOSITED IN
THE CLIMATE CHANGE ADAPTATION FUND ESTABLISHED PURSUANT TO SECTION NINE-
TY-SEVEN-M OF THE STATE FINANCE LAW.
9. A. THE DEPARTMENT SHALL CONDUCT AN INDEPENDENT EVALUATION OF THE
CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM. THE PURPOSE OF THIS
EVALUATION IS TO DETERMINE THE EFFECTIVENESS OF THE PROGRAM IN ACHIEVING
ITS PURPOSES AS DEFINED IN SUBDIVISION 2 OF THIS SECTION.
B. SUCH EVALUATION SHALL BE PROVIDED TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE
JANUARY FIRST OF THE SECOND CALENDAR YEAR FOLLOWING THE YEAR IN WHICH
THIS ARTICLE IS ENACTED INTO LAW, AND ANNUALLY ON OR BEFORE SEPTEMBER
THIRTIETH THEREAFTER.
C. ANY ENTITY CONTRACTED BY THE DEPARTMENT TO CONDUCT SUCH EVALUATION
SHALL RECEIVE PROMPT PAYMENT OF ALL MONEYS DUE UPON COMPLETION OF SUCH
EVALUATION.
§ 76-0105. LABOR AND JOB STANDARDS AND WORKER PROTECTION.
1. ALL PUBLIC ENTITIES INVOLVED IN IMPLEMENTING PROJECTS FUNDED
THROUGH THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM SHALL ASSESS
S. 8308--B 113
AND IMPLEMENT STRATEGIES TO INCREASE EMPLOYMENT OPPORTUNITIES AND
IMPROVE JOB QUALITY. WITHIN ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE
DATE OF THIS SECTION, THE GOVERNOR SHALL PUBLISH A REPORT, ACCESSIBLE ON
THE STATE'S WEBSITE, WHICH PROVIDES:
A. STEPS THAT WILL BE TAKEN TO ENSURE COMPLIANCE WITH THIS SECTION,
INCLUDING THE DEPARTMENT OR OFFICE, OR COMBINATION THEREOF, CHARGED WITH
IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION;
B. REGULATIONS NECESSARY TO ENSURE THE PRIORITIZATION OF THE STATEWIDE
GOAL OF CREATING GOOD JOBS AND INCREASING EMPLOYMENT OPPORTUNITIES; AND
C. STEPS THAT WILL BE TAKEN WITH ALL PUBLIC ENTITIES, INCLUDING LOCAL
AND COUNTY LEVEL GOVERNMENTS, TO IMPLEMENT A SYSTEM TO TRACK COMPLIANCE,
ACCEPT REPORTS OF NON-COMPLIANCE FOR ENFORCEMENT ACTION, AND REPORT
ANNUALLY ON THE ADOPTION OF THESE STANDARDS TO THE LEGISLATURE STARTING
ONE YEAR FROM THE EFFECTIVE DATE OF THIS SECTION.
2. FOR PURPOSES OF THIS SECTION, "PUBLIC ENTITY" SHALL INCLUDE THE
STATE AND ALL OF ITS POLITICAL SUBDIVISIONS, INCLUDING BUT NOT LIMITED
TO COUNTIES, MUNICIPALITIES, AGENCIES, AUTHORITIES, PUBLIC BENEFIT
CORPORATIONS, PUBLIC TRUSTS, AND LOCAL DEVELOPMENT CORPORATIONS AS
DEFINED IN SUBDIVISION EIGHT OF SECTION EIGHTEEN HUNDRED ONE OF THE
PUBLIC AUTHORITIES LAW OR SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-
FOR-PROFIT CORPORATION LAW, A MUNICIPAL CORPORATION AS DEFINED IN
SECTION ONE HUNDRED NINETEEN-N OF THE GENERAL MUNICIPAL LAW, AN INDUS-
TRIAL DEVELOPMENT AGENCY FORMED PURSUANT TO ARTICLE EIGHTEEN-A OF THE
GENERAL MUNICIPAL LAW OR INDUSTRIAL DEVELOPMENT AUTHORITIES FORMED
PURSUANT TO ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW, AND ANY STATE,
LOCAL OR INTERSTATE OR INTERNATIONAL AUTHORITIES AS DEFINED IN SECTION
TWO OF THE PUBLIC AUTHORITIES LAW; AND SHALL INCLUDE ANY TRUST CREATED
BY ANY SUCH ENTITIES.
3. IN CONSIDERING AND ISSUING PERMITS, LICENSES, REGULATIONS,
CONTRACTS AND OTHER ADMINISTRATIVE APPROVALS AND DECISIONS NECESSARY FOR
IMPLEMENTATION OF PROJECTS FUNDED IN WHOLE, OR IN PART, THROUGH THE
CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM, ALL PUBLIC ENTITIES
SHALL APPLY THE FOLLOWING STANDARDS:
A. FOR ANY CONSTRUCTION WORK, THE PAYMENT OF NO LESS THAN PREVAILING
WAGES FOR ALL EMPLOYEES OF ANY CONTRACTORS AND SUBCONTRACTORS, CONSIST-
ENT WITH SECTIONS TWO HUNDRED TWENTY, TWO HUNDRED TWENTY-A, TWO HUNDRED
TWENTY-B, TWO HUNDRED TWENTY-I, TWO HUNDRED TWENTY-THREE, AND TWO
HUNDRED TWENTY-FOUR-B OF THE LABOR LAW, AND BUILDING SERVICES, CONSIST-
ENT WITH ARTICLE NINE OF THE LABOR LAW; WHERE A RECIPIENT OF FINANCIAL
ASSISTANCE CONTRACTS BUILDING SERVICE WORK OR OPERATIONS AND MAINTENANCE
WORK TO A BUILDING SERVICE CONTRACTOR, THE CONTRACTOR IS HELD TO THE
SAME OBLIGATIONS WITH RESPECT TO PREVAILING WAGES AS THE RECIPIENT. THE
RECIPIENT MUST INCLUDE TERMS ESTABLISHING THIS OBLIGATION WITHIN ANY
CONTRACT SIGNED WITH A CONTRACTOR.
B. (I) ANY PUBLIC ENTITY RECEIVING AT LEAST FIVE MILLION DOLLARS FROM
FUNDS ALLOCATED PURSUANT TO THE CLIMATE CHANGE ADAPTATION COST RECOVERY
PROGRAM FOR A PROJECT WHICH INVOLVES THE CONSTRUCTION, RECONSTRUCTION,
ALTERATION, MAINTENANCE, MOVING, DEMOLITION, EXCAVATION, DEVELOPMENT OR
OTHER IMPROVEMENT OF ANY BUILDING, STRUCTURE OR LAND, SHALL BE SUBJECT
TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW.
(II) ANY PRIVATELY OWNED PROJECT RECEIVING FUNDS ALLOCATED PURSUANT TO
THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM WHICH UTILIZES A
PROJECT LABOR AGREEMENT ON SUCH PROJECT SHALL NOT BE SUBJECT TO ARTICLE
EIGHT OF THE LABOR LAW.
C. THE INCLUSION OF CONTRACT LANGUAGE REQUIRING CONTRACTORS TO ESTAB-
LISH LABOR HARMONY POLICIES. THE PUBLIC ENTITY MAY REQUIRE A PRIVATE
S. 8308--B 114
OWNER, OR A THIRD PARTY ACTING ON SUCH OWNER'S BEHALF, AS A CONDITION OF
RECEIVING FUNDS PURSUANT TO THE CLIMATE CHANGE ADAPTATION COST RECOVERY
PROGRAM, TO STIPULATE TO THE PUBLIC ENTITY THAT IT WILL ENTER INTO A
LABOR PEACE AGREEMENT WITH AT LEAST ONE BONA FIDE LABOR ORGANIZATION
EITHER WHERE SUCH BONA FIDE LABOR ORGANIZATION IS ACTIVELY REPRESENTING
EMPLOYEES IN SUCH JOB-TYPE OR, UPON NOTICE, BY A BONA FIDE LABOR ORGAN-
IZATION THAT IS ATTEMPTING TO REPRESENT EMPLOYEES IN SUCH JOB-TYPE. FOR
PURPOSES OF THIS SECTION "LABOR PEACE AGREEMENT" MEANS AN AGREEMENT
BETWEEN AN ENTITY AND LABOR ORGANIZATION THAT, AT A MINIMUM, PROTECTS
THE STATE'S PROPRIETARY INTERESTS BY PROHIBITING LABOR ORGANIZATIONS AND
MEMBERS FROM ENGAGING IN WORK STOPPAGES, BOYCOTTS, AND ANY OTHER ECONOM-
IC INTERFERENCE WITH THE RELEVANT PROJECT OR PROGRAM.
D. (I) THE INCLUSION OF CONTRACT LANGUAGE WITH A PROVISION THAT THE
IRON, STEEL, ALUMINUM, GLASS, COPPER, MANUFACTURED PRODUCTS, AND
CONSTRUCTION PRODUCTS, INCLUDING WITHOUT LIMITATION, VEHICLES, OMNIBUS-
ES, SCHOOL BUSES, TRUCKS, CONSTRUCTION EQUIPMENT, EARTH MOVING EQUIP-
MENT, CRANES, DRILLING EQUIPMENT, ROLLING STOCK, TRAIN CONTROL EQUIP-
MENT, COMMUNICATION EQUIPMENT, TRACTION POWER EQUIPMENT, ROLLING STOCK
PROTOTYPES, ROLLING STOCK FRAMES, ROLLING STOCK CAR SHELLS, BATTERIES,
CHARGING EQUIPMENT, FUEL CELLS, FUELING EQUIPMENT, TURBINES, NACELLES,
BLADES, ROTORS, GENERATORS, MOTORS, HUBS, CABLE, CONDUIT, CONTROLLERS,
TOWERS, PHOTOVOLTAIC CELLS, SOLAR PANELS, METERS, INVERTERS, PIPE,
TUBING, FITTINGS, TANKS, FLANGES, VALVES, CONCRETE, REBAR, BRICK, AGGRE-
GATE, CONCRETE BLOCK, CEMENT, TIMBER, LUMBER, TILE, AND DRYWALL USED OR
SUPPLIED IN THE PERFORMANCE OF THE CONTRACT OR ANY SUBCONTRACT THERETO,
SHALL BE PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED
STATES, ITS TERRITORIES OR POSSESSIONS. IN THE CASE OF AN IRON, STEEL,
OR ALUMINUM PRODUCT, ALL MANUFACTURING MUST TAKE PLACE IN THE UNITED
STATES, FROM THE INITIAL MELTING STAGE THROUGH THE APPLICATION OF COAT-
INGS, EXCEPT METALLURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL
ADDITIVES.
(II) THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT
APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH THE HEAD OF THE
CONTRACTING PUBLIC ENTITY FINDS THAT: (1) APPLYING SUBPARAGRAPH (I) OF
THIS PARAGRAPH WOULD BE INCONSISTENT WITH THE PUBLIC INTEREST; (2)
PRODUCTS ARE NOT PRODUCED IN THE UNITED STATES IN SUFFICIENT AND REASON-
ABLY AVAILABLE QUANTITIES AND OF A SATISFACTORY QUALITY; OR (3) INCLU-
SION OF PRODUCTS PRODUCED IN THE UNITED STATES WILL INCREASE THE COST OF
THE OVERALL PROJECT BY MORE THAN TWENTY-FIVE PERCENT. IF THE HEAD OF THE
CONTRACTING PUBLIC ENTITY RECEIVES A REQUEST FOR A WAIVER UNDER THIS
SUBDIVISION, HE OR SHE SHALL MAKE AVAILABLE TO THE PUBLIC ON AN INFORMAL
BASIS A COPY OF THE REQUEST AND INFORMATION AVAILABLE TO HIM OR HER
CONCERNING THE REQUEST, AND SHALL ALLOW FOR INFORMAL PUBLIC INPUT ON THE
REQUEST FOR AT LEAST FIFTEEN DAYS PRIOR TO MAKING A FINDING BASED ON THE
REQUEST. THE HEAD OF THE CONTRACTING PUBLIC ENTITY SHALL MAKE THE
REQUEST AND ACCOMPANYING INFORMATION AVAILABLE BY ELECTRONIC MEANS,
INCLUDING ON THE OFFICIAL PUBLIC WEBSITE OF THE PUBLIC ENTITY. THE
PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT APPLY FOR
PRODUCTS PURCHASED PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
(III) THE HEAD OF THE CONTRACTING PUBLIC ENTITY MAY, AT HIS OR HER
SOLE DISCRETION, PROVIDE FOR A SOLICITATION OF A REQUEST FOR PROPOSAL,
INVITATION FOR BID, OR SOLICITATION OF PROPOSAL, OR ANY OTHER METHOD
PROVIDED FOR BY LAW OR REGULATION FOR SOLICITING A RESPONSE FROM OFFE-
RORS INTENDING TO RESULT IN A CONTRACT PURSUANT TO THIS PARAGRAPH
INVOLVING A COMPETITIVE PROCESS IN WHICH THE EVALUATION OF COMPETING
BIDS GIVES SIGNIFICANT CONSIDERATION IN THE EVALUATION PROCESS TO THE
S. 8308--B 115
PROCUREMENT OF EQUIPMENT AND SUPPLIES FROM BUSINESSES LOCATED IN NEW
YORK STATE.
E. APPRENTICESHIP AND WORKFORCE DEVELOPMENT UTILIZATION: (I) WHEREVER
POSSIBLE, CONTRACTORS AND SUBCONTRACTORS SHOULD BE REQUIRED TO PARTIC-
IPATE IN APPRENTICESHIP PROGRAMS, REGISTERED IN ACCORDANCE WITH ARTICLE
TWENTY-THREE OF THE LABOR LAW, IN THE TRADES IN WHICH THEY ARE PERFORM-
ING WORK; (II) FOR INDUSTRIES WITHOUT APPRENTICESHIP PROGRAMS, THE USE
OF WORKFORCE TRAINING, PREFERABLY IN CONJUNCTION WITH A BONA FIDE LABOR
ORGANIZATION, SHALL BE REQUIRED; AND (III) ENCOURAGEMENT OF REGISTERED
PRE-APPRENTICESHIP DIRECT ENTRY PROGRAMS FOR THE RECRUITMENT OF LOCAL
AND/OR DISADVANTAGED WORKERS.
F. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL RIGHTS OR
BENEFITS, INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND PROTECTION
OF CIVIL SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL EXISTING PUBLIC
EMPLOYEES SHALL BE PRESERVED AND PROTECTED. NOTHING IN THIS SECTION
SHALL RESULT IN THE: (I) DISPLACEMENT OF ANY CURRENTLY EMPLOYED WORKER
OR LOSS OF POSITION (INCLUDING PARTIAL DISPLACEMENT SUCH AS A REDUCTION
IN THE HOURS OF NON-OVERTIME WORK, WAGES, OR EMPLOYMENT BENEFITS) OR
RESULT IN THE IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING AGREEMENTS;
(II) TRANSFER OF EXISTING DUTIES AND FUNCTIONS RELATED TO MAINTENANCE
AND OPERATIONS CURRENTLY PERFORMED BY EXISTING EMPLOYEES OF AUTHORIZED
ENTITIES TO A CONTRACTING ENTITY; OR (III) TRANSFER OF FUTURE DUTIES AND
FUNCTIONS ORDINARILY PERFORMED BY EMPLOYEES OF AUTHORIZED ENTITIES TO A
CONTRACTING ENTITY.
4. A. ANY PUBLIC ENTITY REQUESTING BIDS OR AWARDING CONTRACTS FOR
RENEWABLE ENERGY PROJECTS, ENERGY EFFICIENCY PROJECTS, OR OTHER PROJECTS
FUNDED BY THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM, EXCEPT
FOR CONSTRUCTION PROJECTS, SHALL REQUIRE ANY APPLICANT, BIDDER, OR
RESPONDER TO SUBMIT A NEW YORK JOBS PLAN AS PART OF ITS APPLICATION, BID
OR RESPONSE. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, IN CONSULTA-
TION WITH THE DEPARTMENT OF LABOR, SHALL DEVELOP ALL FORMS, PROCEDURES,
EVALUATION AND SCORING CRITERIA, AND GUIDANCE, NECESSARY FOR THE IMPLE-
MENTATION OF THE NEW YORK JOBS PLAN. TO THE EXTENT FEASIBLE, THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION, IN CONSULTATION WITH THE DEPARTMENT
OF LABOR, SHALL CONSIDER THE INPUT AND RECOMMENDATIONS OF RELEVANT
PUBLIC ENTITIES ON THE DEVELOPMENT OF THE NEW YORK JOBS PLAN.
B. THE NEW YORK JOBS PLAN SHALL REQUIRE APPLICANTS, BIDDERS, AND
RESPONDERS TO PROVIDE INFORMATION ON JOBS THAT WOULD RESULT FROM BEING
AWARDED THE BID OR CONTRACT FOR SUCH PROJECTS. AT A MINIMUM, THIS SHALL
INCLUDE THE FOLLOWING INFORMATION FOR NONSUPERVISORY POSITIONS, BROKEN
DOWN BY CLASSIFICATION:
(I) THE NUMBER OF FULL-TIME NON-TEMPORARY JOBS RETAINED, AND THE
NUMBER TO BE CREATED.
(II) THE NUMBER OF POSITIONS CLASSIFIED AS EMPLOYEES, AS DEFINED IN
SECTION SEVEN HUNDRED FORTY OF THE LABOR LAW, AND POSITIONS CLASSIFIED
AS INDEPENDENT CONTRACTORS.
(III) THE NUMBER OF JOBS TO BE SPECIFICALLY RESERVED FOR INDIVIDUALS
FACING BARRIERS TO EMPLOYMENT AND THE NUMBER TO BE RESERVED FOR INDIVID-
UALS FROM DISADVANTAGED COMMUNITIES.
(IV) THE MINIMUM WAGES AND FRINGE BENEFITS AMOUNTS TO BE PAID.
(V) THE PROPOSED AMOUNTS FOR WORKER TRAINING AND INFORMATION ABOUT ANY
EXISTING APPRENTICESHIP PROGRAM REGISTERED WITH THE DEPARTMENT OR A
FEDERALLY RECOGNIZED STATE APPRENTICESHIP AGENCY THAT COMPLIES WITH THE
REQUIREMENTS UNDER PARTS 29 AND 30 OF TITLE 29, CODE OF FEDERAL REGU-
LATIONS.
S. 8308--B 116
(VI) IN THE EVENT THAT A FEDERAL AUTHORITY SPECIFICALLY AUTHORIZES USE
OF A GEOGRAPHIC PREFERENCE OR WHEN COVERED PUBLIC CONTRACTS ARE FUNDED
EXCLUSIVELY THROUGH STATE OR LOCAL FUNDS, THE NEW YORK JOBS PLAN SHALL
REQUIRE INFORMATION ON THE NUMBER OF LOCAL JOBS TO BE CREATED.
C. AWARDING PUBLIC ENTITIES SHALL REQUIRE THE SAME NEW YORK JOBS PLAN
INFORMATION TO BE SUBMITTED FROM ALL KNOWN SUBCONTRACTORS AT THE TIME OF
THE SOLICITATION OR BID FOR THE PROJECT IS RELEASED.
D. NEW YORK JOBS PLAN COMMITMENTS SHALL BE INCLUDED IN THE CONTRACT
AWARDED BY THE PUBLIC ENTITY OR ITS CONTRACTORS AS A MATERIAL TERM.
E. FOR NON-COMPETITIVE PUBLIC CONTRACTS AWARDED UNDER THIS ARTICLE,
APPLICANTS, BIDDERS, OR RESPONDERS SHALL CREATE A NEW YORK JOBS PLAN AS
SET FORTH IN THIS SECTION. FOR COMPETITIVE PUBLIC CONTRACTS, PUBLIC
ENTITIES SHALL AWARD CONTRACTS USING A COMPETITIVE BEST-VALUE BID
PROCUREMENT PROCESS. THE APPLICANTS', BIDDERS', OR RESPONDERS' NEW YORK
JOBS PLAN SHALL BE SCORED AS A PART OF THE OVERALL APPLICATION FOR THE
PUBLIC CONTRACT, AWARDING ADDITIONAL CONSIDERATION TO APPLICANTS,
BIDDERS, OR RESPONDERS WHO DO ANY OF THE FOLLOWING:
(I) HAVE THE GREATEST BENEFICIAL ECONOMIC IMPACT ON THE STATE AND
LOCAL ECONOMIES AS A RESULT OF RECEIVING THE PUBLIC CONTRACT, BASED ON
THE PRIORITY CRITERIA OUTLINED IN ITS NEW YORK JOBS PLAN.
(II) ENHANCE THE STATE'S COMMITMENT TO ENERGY CONSERVATION, POLLUTION
AND GREENHOUSE GAS EMISSIONS REDUCTION, AND TRANSPORTATION EFFICIENCY.
(III) RETAIN THE GREATEST NUMBER OF FULL-TIME, NON-TEMPORARY EMPLOYEES
COMPENSATED AT A WAGE RATE FOR THE PROJECT JURISDICTION AS ESTABLISHED
IN THE LIVING WAGE CALCULATOR PUBLISHED BY THE MASSACHUSETTS INSTITUTE
OF TECHNOLOGY, USING THE LIVING WAGE RATE FOR A HOUSEHOLD OF TWO WORKING
ADULTS WITH TWO CHILDREN IN THE JURISDICTION OF THE PROJECT.
(IV) MAKE CONCRETE COMMITMENTS TO CREATING THE GREATEST NUMBER OF
FULL-TIME, NON-TEMPORARY JOBS COMPENSATING EMPLOYEES AT A WAGE RATE AT
OR ABOVE THE LIVING WAGE RATE FOR THE PROJECT JURISDICTION AS ESTAB-
LISHED IN THE LIVING WAGE CALCULATOR PUBLISHED BY THE MASSACHUSETTS
INSTITUTE OF TECHNOLOGY, USING THE LIVING WAGE RATE FOR A HOUSEHOLD OF
TWO WORKING ADULTS WITH TWO CHILDREN IN THE JURISDICTION OF THE PROJECT.
(V) COMMIT TO AT LEAST NINETY PERCENT OF THE LABOR ON THE CONTRACT
BEING PERFORMED BY WORKERS CLASSIFIED AS EMPLOYEES.
(VI) OFFER TARGETED TRAINING AND OPPORTUNITIES FOR INDIVIDUALS FACING
BARRIERS TO EMPLOYMENT AND WORKERS FROM DISADVANTAGED COMMUNITIES.
F. THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF LABOR, SHALL
DEVELOP A WEB-BASED PORTAL TO TRACK NEW YORK JOBS PLAN COMMITMENTS AND
COMPLIANCE.
(I) ALL NEW YORK JOBS PLAN COMMITMENTS AND COMPLIANCE REPORTING SHALL
BE VIEWABLE BY THE PUBLIC, THROUGH THE WEB-BASED PORTAL.
(II) RECIPIENTS OF PUBLIC CONTRACTS SHALL, ON AN ANNUAL BASIS, BE
REQUIRED TO UPLOAD PROGRESS REPORTS ON EACH OF THE COMMITMENTS INCLUDED
IN THEIR NEW YORK JOBS PLAN APPLICATION, FOR THE DURATION OF THE COVERED
PUBLIC CONTRACT.
G. NONCOMPLIANCE WITH NEW YORK JOBS PLAN COMMITMENTS WOULD VIOLATE THE
TERMS OF THE PUBLIC CONTRACT. AT A MINIMUM THESE COMMITMENTS WOULD BE
ENFORCEABLE THROUGH STANDARD BREACH OF CONTRACT REMEDIES, INCLUDING BUT
NOT LIMITED TO, TERMINATION OF THE PUBLIC CONTRACT.
5. NOTHING SET FORTH IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE,
INFRINGE, OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO EMPLOYEES
THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE DIMIN-
ISH THE INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
S. 8308--B 117
6. NOTHING SET FORTH IN THIS SECTION SHALL PRECLUDE A PUBLIC ENTITY
FROM SETTING ADDITIONAL REQUIREMENTS OR STANDARDS IN ADDITION TO THOSE
SET FORTH IN THIS ARTICLE.
§ 3. The state finance law is amended by adding a new section 97-m to
read as follows:
§ 97-M. CLIMATE CHANGE ADAPTATION FUND. 1. THERE IS HEREBY ESTABLISHED
IN THE CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND
FINANCE A SPECIAL REVOLVING FUND TO BE KNOWN AS THE "CLIMATE CHANGE
ADAPTATION FUND" FOR THE PURPOSE OF RECEIVING MONEYS THROUGH COST RECOV-
ERY DEMANDS AND ISSUING FUNDS FOR QUALIFYING EXPENDITURES PURSUANT TO
THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM ESTABLISHED IN ARTI-
CLE SEVENTY-SIX OF THE ENVIRONMENTAL CONSERVATION LAW.
2. NO MONIES SHALL BE EXPENDED FROM THE FUND FOR ANY PROJECT EXCEPT
QUALIFYING EXPENDITURES PURSUANT TO THE PROGRAM, INCLUDING THEIR OPERA-
TION AND MAINTENANCE.
3. REVENUES IN THE FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE
COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE COMPTROLLER OR
THE COMMISSIONER OF TAXATION AND FINANCE. ALL DEPOSITS OF SUCH REVENUES
SHALL, IF REQUIRED BY THE COMPTROLLER, BE SECURED BY OBLIGATIONS OF THE
UNITED STATES OR OF THE STATE HAVING A MARKET VALUE EQUAL AT ALL TIMES
TO THE AMOUNT OF SUCH DEPOSITS AND ALL BANKS AND TRUST COMPANIES ARE
AUTHORIZED TO GIVE SECURITY FOR SUCH DEPOSITS. ANY SUCH REVENUES IN SUCH
FUND MAY, UPON THE DISCRETION OF THE COMPTROLLER, BE INVESTED IN OBLI-
GATIONS IN WHICH THE COMPTROLLER IS AUTHORIZED TO INVEST PURSUANT TO
SECTION NINETY-EIGHT-A OF THIS ARTICLE.
4. ALL PAYMENTS OF MONEYS FROM THE FUND SHALL BE MADE ON THE AUDIT AND
WARRANT OF THE COMPTROLLER.
§ 4. Availability of additional remedies. Nothing in this act shall be
deemed to preclude the pursuit of a civil action or other remedy by any
person. The remedies provided in this act are in addition to those
provided by existing statutory or common law.
§ 5. Severability. If any word, phrase, clause, sentence, paragraph,
section, or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the word, phrase, clause, sentence, paragraph, section, or part ther-
eof directly involved in the controversy in which such judgment shall
have been rendered.
§ 6. Construction. This act, being necessary for the general health,
safety, and welfare of the people of this state, shall be liberally
construed to effect its purpose.
§ 7. This act shall take effect immediately.
PART TT
Section 1. Subdivision 20 of section 16-e of section 1 of chapter 174
of the laws of 1968, constituting the New York state urban development
corporation act, is amended by adding a new paragraph (f) to read as
follows:
(F) EACH REGIONAL ECONOMIC DEVELOPMENT COUNCIL AWARDEE SHALL CERTIFY
IN WRITING TO SUCH REGIONAL ECONOMIC DEVELOPMENT COUNCIL THAT THEY MAIN-
TAIN INTERNSHIP OPPORTUNITIES FOR INDIVIDUALS BETWEEN SIXTEEN AND TWEN-
TY-FOUR YEARS OF AGE, ALONG WITH THE NUMBER OF OPPORTUNITIES, A
DESCRIPTION OF THE WORK THE INTERNS WILL ENGAGE IN, AND DESCRIPTIONS OF
ANY SUPPLEMENTARY PROGRAMMING OFFERED TO THE INTERNS.
S. 8308--B 118
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
PART UU
Section 1. Subdivisions b and c of section 5 of chapter 537 of the
laws of 1976, relating to paid, free and reduced price breakfast for
eligible pupils in certain school districts, as amended by section 22-b
of part A of chapter 56 of the laws of 2022, are amended to read as
follows:
b. Notwithstanding any monetary limitations with respect to school
lunch programs contained in any law or regulation, for school lunch
meals served in the school year commencing July 1, 2022 and each July 1
thereafter, a school food authority shall be eligible for a lunch meal
State subsidy of AN ADDITIONAL twenty-five cents, which shall include
any annual State subsidy received by such school food authority under
any other provision of State law, for any school lunch meal served by
such school food authority; provided that the school food authority
certifies to the Department of Agriculture and Markets through the
application submitted pursuant to subdivision c of this section that
such food authority has purchased at least thirty percent of its total
cost of food products for its school lunch service program from New York
state farmers, growers, producers or processors in the preceding school
year. COMMENCING JULY 1, 2024, AND EACH JULY 1 THEREAFTER, A SCHOOL FOOD
AUTHORITY SHALL BE ALLOWED TO ATTRIBUTE MONEYS SPENT ON PURCHASES OF
FOOD PRODUCTS FROM NEW YORK STATE FARMERS, GROWERS, PRODUCERS OR PROCES-
SORS MADE FOR ITS SCHOOL BREAKFAST PROGRAM AND SCHOOL SNACK PROGRAMS TO
THE THIRTY PERCENT OF COSTS FOR SCHOOL BREAKFAST AND LUNCH SERVICE
PROGRAMS.
c. The Department of Agriculture and Markets in cooperation with the
State Education Department, shall develop an application for school food
authorities to seek an additional State subsidy pursuant to this section
in a timeline and format prescribed by the commissioner of agriculture
and markets. Such application shall include, but not be limited to,
documentation demonstrating the school food authority's total food
purchases for its school BREAKFAST, SNACK AND lunch service program, and
documentation demonstrating its total food purchases and percentages for
such program, PERMITTED TO BE COUNTED UNDER THIS SECTION, from New York
State farmers, growers, producers or processors in the preceding school
year. The application shall also include an attestation from the school
food authority's chief operating officer that it purchased at least
thirty percent of its total cost of food products, PERMITTED TO BE
COUNTED UNDER THIS SECTION, for its school BREAKFAST, SNACK AND lunch
service program from New York State farmers, growers, producers or
processors in the preceding school year in order to meet the require-
ments for this additional State subsidy. School food authorities shall
be required to annually apply for this subsidy. After reviewing school
food authorities' completed applications for an additional State subsidy
pursuant to this section, the Department of Agriculture and Markets
shall certify to the State Education Department the school food authori-
ties approved for such additional State subsidy and the State Education
Department shall pay such additional State subsidy to such school food
authorities.
§ 2. This act shall take effect immediately.
PART VV
S. 8308--B 119
Section 1. Short title. This act shall be known and may be cited as
the "Farebox Assistance to Relieve Essential Straphangers Act" or the
"FARES Act".
§ 2. This act enacts into law major components of legislation neces-
sary to implement the FARES Act. Each component is wholly contained
within a Subpart identified as Subparts A through C. The effective date
for each particular provision contained within such Subpart is set forth
in the last section of such Subpart. Any provision in any section
contained within a Subpart, including the effective date of the Subpart,
which makes a reference to a section "of this act", when used in
connection with that particular component, shall be deemed to mean and
refer to the corresponding section of the Subpart in which it is found.
Section four of this act sets forth the general effective date of this
act.
SUBPART A
Section 1. Legislative findings. The New York state legislature finds
that the City of New York's "Fair Fares" program, which provides reduced
fares on New York City Transit Authority subways and buses for individ-
uals earning under one hundred twenty percent of the poverty level, is a
tool that can help ensure that mass transit remains affordable for all
New Yorkers. However, Fair Fares does not currently apply to intracity
commuter rail trips taken in the City, and the legislature finds that
expanding this discount to include commuter rail could provide signif-
icant affordability benefits for New Yorkers below or near the poverty
level and improve the quality of life for many outer borough New Yorkers
lacking easy access to subways.
§ 2. Section 1266 of the public authorities law is amended by adding a
new subdivision 16-a to read as follows:
16-A. (A) NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW OR THE TERMS OF
ANY CONTRACT, THE AUTHORITY, IN CONSULTATION WITH THE CITY OF NEW YORK,
SHALL EXPAND THE FAIR FARES NYC PROGRAM TO PERMIT INDIVIDUALS WHO ARE
ELIGIBLE FOR THE PROGRAM TO RECEIVE A FIFTY PERCENT DISCOUNT ON TRIPS
USING THE LONG ISLAND RAIL ROAD OR METRO-NORTH RAILROAD WITHIN THE CITY
OF NEW YORK.
(B) FOR PURPOSES OF THIS SUBDIVISION, "FAIR FARES NYC PROGRAM" SHALL
HAVE THE SAME MEANING AND ELIGIBILITY STANDARDS AS SET FORTH IN CHAPTER
TWELVE OF TITLE SIXTY-EIGHT OF THE RULES OF THE CITY OF NEW YORK, WHICH
PROVIDES A FIFTY PERCENT FARE DISCOUNT FOR DESIGNATED TRANSIT OPTIONS.
(C) ADDITIONALLY, THE AUTHORITY SHALL CONSULT WITH THE CITY OF NEW
YORK IN CONDUCTING A PUBLIC OUTREACH CAMPAIGN TO INCREASE PUBLIC AWARE-
NESS AND EXPAND USAGE OF THE FAIR FARES NYC PROGRAM BY ELIGIBLE INDIVID-
UALS.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.
SUBPART B
Section 1. Legislative findings. The New York state legislature finds
that the Metropolitan Transportation Authority's "City Ticket" which
provides reduced fares on commuter rail trips within New York City, has
been incredibly successful in promoting New Yorkers' use of the commuter
rail system, and has particularly helped the MTA fill seats during off-
peak trips. City Ticket is an important tool for ensuring that mass
transit remains affordable for New Yorkers, as well as improving the
S. 8308--B 120
quality of life for many outer borough New Yorkers lacking easy access
to subways. Additional analysis since City Ticket's implementation and
expansion has found that providing a weekly ticket option, similar to a
previous Atlantic Ticket option, could assist riders with financial
planning, ensure greater access to transit, and increase commuter rail
ridership.
§ 2. Section 1266 of the public authorities law is amended by adding a
new subdivision 16-b to read as follows:
16-B. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW OR THE TERMS OF ANY
CONTRACT, THE AUTHORITY, IN CONSULTATION WITH THE LONG ISLAND RAIL ROAD
AND METRO-NORTH RAILROAD SHALL OFFER A WEEKLY TICKET AT A REDUCED RATE,
INCLUDING FREE TRANSFERS TO METROPOLITAN TRANSPORTATION AUTHORITY SUBWAY
AND BUS SERVICE, FOR TRIPS WITHIN THE CITY OF NEW YORK.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.
SUBPART C
Section 1. Legislative findings. The New York state legislature finds
that the Metropolitan Transportation Authority's reduced commuter rail
fares for seniors and individuals with disabilities during off-peak and
evening peak hours have been successful in promoting mass transit
affordability and accessibility for some of the New Yorkers who rely on
the public transportation system the most. The state legislature addi-
tionally finds that it has been nearly thirty-five years since passage
of the Americans with Disabilities Act or "ADA". Finally, the state
legislature finds that it is an appropriate time for extending morning
peak fare discounts to seniors and individuals with disabilities, demon-
strating its respect and appreciation for their contributions to the
workforce and our communities.
§ 2. Section 1266 of the public authorities law is amended by adding a
new subdivision 16-c to read as follows:
16-C. (A) NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW OR THE TERMS OF
ANY CONTRACT, THE AUTHORITY, IN CONSULTATION WITH THE LONG ISLAND RAIL
ROAD AND METRO-NORTH RAILROAD, SHALL IMPLEMENT A HALF FARE RATE PROGRAM
FOR ELIGIBLE INDIVIDUALS DURING MORNING PEAK FARE TIME PERIODS ACROSS
THE METROPOLITAN TRANSPORTATION AUTHORITY'S COMMUTER RAIL SYSTEM.
(B) FOR PURPOSES OF THIS SUBDIVISION, "ELIGIBLE INDIVIDUALS" SHALL
INCLUDE CUSTOMERS WHO ARE SIXTY-FIVE YEARS OF AGE OR OLDER, HAVE A DISA-
BILITY, OR ARE MEDICARE RECIPIENTS WHO ARE CURRENTLY ELIGIBLE FOR THE
AUTHORITY'S HALF-FARE PROGRAMS ON TRIPS OTHER THAN WEEKDAY MORNING
INBOUND PEAK TRAINS.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, subpart or part of this act shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall not
affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivi-
sion, section, subpart or part thereof directly involved in the contro-
versy in which such judgment shall have been rendered. It is hereby
declared to be the intent of the legislature that this act would have
been enacted even if such invalid provisions had not been included here-
in.
S. 8308--B 121
§ 4. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through C of this act shall
be as specifically set forth in the last section of such Subpart.
PART WW
Section 1. Legislative intent. In 2019, New York enacted the Climate
Leadership and Community Protection Act to reduce the state's volume of
greenhouse gas emissions by at least 85% as compared to 1990 levels by
the year 2050. According to the Climate Action Council Scoping Plan,
the transportation sector is responsible for approximately 28% of New
York's total greenhouse gas emissions. Statewide conversion of public
transit bus fleets is an important undertaking required to meet this
emission reduction mandate.
The legislature recognizes that such a conversion will entail fiscal
obligations on the part of transit systems and utility providers in
order to purchase new buses, renovate or replace bus depots, expand
utility infrastructure and generation capacity, and other necessary
investments to ensure reliable delivery of zero-emission bus services.
Furthermore, the legislature recognizes that there are existing revenue
sources which currently fund public transit that rely on the consumption
of fossil fuels and which will diminish as the number of gas-powered
cars decreases.
It is the expectation of the legislature that there will be sufficient
funding to support a statewide conversion of public transit bus fleets
to zero-emission buses, including continued federal support such as what
has been provided in the Inflation Reduction Act, the Bipartisan Infras-
tructure Law, the Low or No Emission Vehicle Program, the Diesel Emis-
sions Reduction Act, and other federal funding programs, as well as
state and miscellaneous funding such as the New York Truck Voucher
Incentive Program and the Volkswagen Clean Air Act Civil Settlement.
Additionally, the legislature recognizes that current zero-emission
bus technology is still developing, particularly with respect to travel
range, cold weather performance, and bus availability. Technological
advances will continue accelerating leading up to and during the covered
period for zero-emission bus fleet conversion. Finally, one of the
greatest harms to local communities are localized emissions which have
an acutely negative impact, particularly to disadvantaged communities as
defined in the Climate Leadership and Community Protection Act. There-
fore a coordinated statewide effort to purchase, manufacture, and
utilize zero-emission buses and paratransit vehicles will help facili-
tate technological advancement, reduce overall costs, and help reduce
harm to our local communities.
§ 2. The transportation law is amended by adding a new section 17-c to
read as follows:
§ 17-C. ZERO-EMISSION BUSES. 1. NO LATER THAN JANUARY FIRST, TWO THOU-
SAND TWENTY-NINE, EVERY PUBLIC TRANSPORTATION SYSTEM ELIGIBLE TO RECEIVE
OPERATING ASSISTANCE UNDER THE PROVISIONS OF SECTION EIGHTEEN-B OF THIS
ARTICLE SHALL BE REQUIRED TO PURCHASE ONLY ZERO-EMISSION BUSES AND
RELATED EQUIPMENT AND FACILITIES AS PART OF THE NORMAL REPLACEMENT OF
ITS FLEET. NO LATER THAN JANUARY FIRST, TWO THOUSAND THIRTY-FIVE, ANY
HYDROGEN FUEL CELL ZERO-EMISSION BUS SHALL BE POWERED BY HYDROGEN
DERIVED FROM ZERO-EMISSION ELECTRICITY.
2. FOR PURPOSES OF THIS SECTION "ZERO-EMISSION BUS" SHALL MEAN A MOTOR
VEHICLE THAT HAS A SEATING CAPACITY OF FIFTEEN OR MORE PASSENGERS IN
ADDITION TO THE DRIVER AND USED FOR THE TRANSPORTATION OF PERSONS; IS
S. 8308--B 122
PROPELLED BY AN ELECTRIC MOTOR AND ASSOCIATED POWER ELECTRONICS WHICH
PROVIDE ACCELERATION TORQUE TO THE DRIVE WHEELS DURING NORMAL VEHICLE
OPERATION AND DRAWS ELECTRICITY FROM A HYDROGEN FUEL CELL OR FROM A
BATTERY WHICH IS CAPABLE OF BEING RECHARGED FROM AN EXTERNAL SOURCE OF
ELECTRICITY; OR OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF ATMOSPHER-
IC POLLUTANTS. PROVIDED, HOWEVER, THAT FOR PURPOSES OF THIS SECTION,
ZERO-EMISSION BUSES SHALL INCLUDE PARATRANSIT VEHICLES SPECIFICALLY
DESIGNATED BY PUBLIC TRANSPORTATION SYSTEMS TO SERVE THE NEEDS OF
PERSONS WHO CANNOT USE FIXED ROUTE TRANSIT BUSES, SUBWAYS OR RAPID TRAN-
SIT.
3. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL
RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND
PROTECTION OF CIVIL SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL
EXISTING EMPLOYEES OF AUTHORIZED ENTITIES SHALL BE PRESERVED AND
PROTECTED. NOTHING IN THIS SECTION SHALL RESULT IN THE: (I) DISPLACEMENT
OF ANY CURRENTLY EMPLOYED WORKER OR LOSS OF POSITION (INCLUDING
PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS OF NON-OVERTIME
WORK, WAGES, OR EMPLOYMENT BENEFITS) OR RESULT IN THE IMPAIRMENT OF
EXISTING COLLECTIVE BARGAINING AGREEMENTS; (II) TRANSFER OF EXISTING
DUTIES AND FUNCTIONS RELATED TO MAINTENANCE AND OPERATIONS CURRENTLY
PERFORMED BY EXISTING EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING
ENTITY; OR (III) TRANSFER OF FUTURE DUTIES AND FUNCTIONS ORDINARILY
PERFORMED BY EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
(B) UPON THE EFFECTIVE DATE OF THIS SECTION, THE TRANSIT AUTHORITY,
AGENCY OR MUNICIPALITY SHALL CREATE AND IMPLEMENT A WORKFORCE DEVELOP-
MENT REPORT THAT (I) FORECASTS THE NUMBER OF JOBS PROVIDED BY EXISTING
OMNIBUSES, ROLLING STOCK, VEHICLES OR EQUIPMENT THAT WOULD BE ELIMINATED
OR SUBSTANTIALLY CHANGED AFTER THE PURCHASE, AS WELL AS THE NUMBER OF
JOBS EXPECTED TO BE CREATED AT THE TRANSIT PROVIDER BY THE PROPOSED
PURCHASE OVER A SIX-YEAR PERIOD FROM THE DATE OF THE PUBLICATION OF THE
WORKFORCE DEVELOPMENT REPORT, (II) IDENTIFIES GAPS IN SKILLS NEEDED TO
OPERATE AND MAINTAIN THE NEW ZERO-EMISSION BUSES, ROLLING STOCK, VEHI-
CLES OR RELATED EQUIPMENT, (III) INCLUDES A COMPREHENSIVE PLAN TO TRAN-
SITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED
PURCHASE, AND (IV) CONTAINS AN ESTIMATED BUDGET TO TRANSITION, TRAIN, OR
RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE.
(C) NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO AFFECT (I) THE
EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
EMPLOYEE ORGANIZATIONS OR THE BARGAINING RELATIONSHIPS BETWEEN THE
EMPLOYER AND AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING THE PROCURE-
MENT PROCESS FOR NEW ZERO-EMISSION BUSES, ROLLING STOCK, VEHICLES OR
RELATED EQUIPMENT, THE TRANSIT AUTHORITY, AGENCY OR MUNICIPALITY SHALL
INFORM THE RESPECTIVE COLLECTIVE BARGAINING AGENT OF ANY POTENTIAL JOBS
THAT MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE
PURCHASE, AND IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
4. (A) (I) WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION,
THE DEPARTMENT AND THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY ("NYSERDA"), SHALL CONVENE A WORKING GROUP MADE UP OF TRANSIT
AGENCIES, OTHER RELEVANT PUBLIC AGENCIES, THE DEPARTMENT, THE NEW YORK
POWER AUTHORITY, EDUCATIONAL INSTITUTIONS, RELEVANT COMMUNITY ORGANIZA-
TIONS, AND OTHER NECESSARY PARTIES, TO CREATE A ZERO-EMISSION ROADMAP
FOR THE STATE WHICH SHALL IDENTIFY THE ACTIONS NEEDED TO MEET THE TRAN-
SITION GOALS ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION. THE ROAD-
MAP SHALL INCLUDE, BUT NOT BE LIMITED TO:
S. 8308--B 123
(1) FINANCIAL AND TECHNICAL GUIDANCE RELATED TO THE PURCHASING, RETRO-
FITTING, OPERATION, AND MAINTENANCE OF ZERO-EMISSION BUSES;
(2) AN IDENTIFICATION AND SITING PLAN FOR CHARGING AND FUELING INFRAS-
TRUCTURE;
(3) AN IDENTIFICATION OF THE NECESSARY INVESTMENTS IN THE ELECTRIC
TRANSMISSION AND DISTRIBUTION GRID;
(4) AN IDENTIFICATION OF HOW TO ENSURE RELATED FACILITY UPGRADES ARE
COORDINATED TO MAXIMIZE THE COST EFFECTIVENESS AND OVERALL SYSTEM RELI-
ABILITY;
(5) THE AVAILABLE FEDERAL, STATE, AND LOCAL FUNDING TO PURCHASE OR
LEASE ZERO-EMISSION BUSES OR CONVERT EXISTING BUSES TO ZERO-EMISSIONS;
(6) AN IDENTIFICATION OF NEW INCENTIVES AND PROGRAMS TO ADVANCE THE
DEPLOYMENT AND ADOPTION OF ZERO-EMISSION BUSES;
(7) STREAMLINING ACTIONS TO FACILITATE THE CONVERSION OF PUBLIC TRANS-
PORTATION SYSTEMS AND BUS FLEETS;
(8) STRATEGIES CONSISTENT WITH THE CLIMATE LEADERSHIP AND COMMUNITY
PROTECTION ACT ENACTED BY CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO
THOUSAND NINETEEN, THAT ENSURE THE DEPLOYMENT OF ZERO-EMISSION BUSES ARE
PRIORITIZED IN DISADVANTAGED COMMUNITIES, AS DEFINED IN SUBDIVISION
FIVE OF SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW;
(9) IN CONSULTATION WITH THE ENVIRONMENTAL JUSTICE WORKING GROUP AND
THE CLIMATE ACTION COUNCIL, SHALL, TO THE EXTENT PRACTICABLE, INVEST OR
DIRECT AVAILABLE AND RELEVANT PROGRAMMATIC RESOURCES IN A MANNER
DESIGNED TO ACHIEVE A GOAL FOR DISADVANTAGED COMMUNITIES TO RECEIVE
FORTY PERCENT OF OVERALL BENEFITS OF SPENDING CONSISTENT WITH SECTION
75-0117 OF THE ENVIRONMENTAL CONSERVATION LAW;
(10) AN ESTIMATION OF THE NUMBER OF PUBLIC OPERATIONS AND MAINTENANCE
JOBS PROVIDED BY EXISTING OMNIBUSES, ROLLING STOCK, VEHICLES OR EQUIP-
MENT THAT WOULD BE ELIMINATED OR SUBSTANTIALLY CHANGED BY THE TRANSITION
GOALS ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION;
(11) IDENTIFIES GAPS IN SKILLS NEEDED TO OPERATE AND MAINTAIN THE NEW
ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES OR RELATED EQUIP-
MENT; AND
(12) DEVELOPMENT OF A COMPREHENSIVE PLAN TO TRANSITION, TRAIN, OR
RETRAIN PUBLIC TRANSPORTATION SYSTEM EMPLOYEES IMPACTED BY THE TRANSI-
TION GOALS ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION, INCLUDING AN
ESTIMATED BUDGET FOR IMPLEMENTING THIS PLAN AND THE IDENTIFICATION OF
FUNDING STREAMS TO FUND THIS TRANSITION.
(II) THE DEPARTMENT AND NYSERDA SHALL CONVENE A TECHNICAL ADVISORY
GROUP MADE UP OF DIVERSE STAKEHOLDERS TO PROVIDE THE DEPARTMENT AND
NYSERDA WITH RELEVANT TECHNICAL, POLICY, AND MARKET EXPERTISE. THE
DEPARTMENT AND NYSERDA SHALL FURTHER DEVELOP A STAKEHOLDER ENGAGEMENT
PROCESS TO SOLICIT FEEDBACK ON THE ROADMAP AND RAISE CONSUMER AWARENESS
AND EDUCATION ACROSS THE STATE.
(B) NO LATER THAN ONE YEAR AFTER THE CONVENING OF THE WORKING GROUP
ESTABLISHED BY SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVISION,
THE DEPARTMENT AND NYSERDA SHALL REPORT ITS FINDINGS AND RECOMMENDATIONS
TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER
OF THE ASSEMBLY. THIS REPORT MAY BE COMBINED WITH THE REPORT REQUIRED
UNDER SECTION EIGHTEEN HUNDRED EIGHTY-FOUR OF THE PUBLIC AUTHORITIES
LAW.
(C) FOLLOWING THE SUBMISSION OF THE REPORT AS REQUIRED BY PARAGRAPH
(B) OF THIS SUBDIVISION, THE DEPARTMENT AND NYSERDA SHALL SOLICIT PUBLIC
COMMENT FOR THIRTY DAYS IN DEVELOPING THE ROADMAP, AND ARE AUTHORIZED TO
HOLD PUBLIC HEARINGS AND MEETINGS IN ACCORDANCE WITH ARTICLE SEVEN OF
THE PUBLIC OFFICERS LAW, AND CONSULT WITH ANY ORGANIZATION, EDUCATIONAL
S. 8308--B 124
INSTITUTION, OR OTHER GOVERNMENT ENTITY OR PERSON, TO ENABLE THEM TO
ACCOMPLISH THEIR DUTIES.
(D) NO LATER THAN FIFTEEN MONTHS AFTER THE CONVENING OF THE WORKING
GROUP ESTABLISHED BY SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, DOT AND NYSERDA SHALL PUBLISH A FORMALIZED ROADMAP ALONG WITH ALL
NECESSARY POLICIES AND PROCEDURES FOR IMPLEMENTATION, TO ENSURE PUBLIC
TRANSPORTATION SYSTEMS WILL BE ABLE TO MEET THE TRANSITION GOALS ESTAB-
LISHED IN SUBDIVISION ONE OF THIS SECTION. DOT AND NYSERDA SHALL PUBLISH
THE ROADMAP, POLICIES, AND PROCEDURES, ON EITHER OF THEIR PUBLICLY
ACCESSIBLE WEBSITES, THIRTY DAYS PRIOR TO THE PLANS BEING FINALIZED.
(E) NO LATER THAN ONE YEAR AFTER THE PUBLICATION AND IMPLEMENTATION
OF THE ROADMAP ESTABLISHED PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVI-
SION, PUBLIC TRANSPORTATION SYSTEMS ELIGIBLE TO RECEIVE OPERATING
ASSISTANCE UNDER THE PROVISIONS OF SECTION EIGHTEEN-B OF THIS ARTICLE,
MUST DEVELOP AND IMPLEMENT THEIR OWN TRANSITION PLANS, INCORPORATING THE
FINDINGS, POLICIES, AND PROCEDURES PRODUCED BY THE WORKING GROUP AND
IDENTIFYING POSSIBLE BARRIERS TO IMPLEMENTING THIS TRANSITION, UNLESS
GRANTED AN EXTENSION UNDER SUBDIVISION FIVE OF THIS SECTION. PUBLIC
TRANSPORTATION SYSTEMS SHALL SOLICIT PUBLIC COMMENT IN DEVELOPING TRAN-
SITION PLANS, AND ARE AUTHORIZED TO HOLD PUBLIC HEARINGS AND MEETINGS IN
ACCORDANCE WITH ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW, AND CONSULT
WITH ANY ORGANIZATION, EDUCATIONAL INSTITUTION, OR OTHER GOVERNMENT
ENTITY OR PERSON, TO ENABLE THEM TO ACCOMPLISH THEIR DUTIES. THE DEPART-
MENT SHALL PUBLISH TRANSITION PLANS ON THEIR PUBLICLY ACCESSIBLE WEBSITE
WITHIN THIRTY DAYS OF THE PLANS BEING FINALIZED WITH THE DEPARTMENT.
TRANSITION PLANS SHALL BE UPDATED EVERY THREE YEARS AFTER THE DATE THEY
ARE FIRST PUBLISHED AND UPDATED PLANS SHALL BE UPDATED ON THE DEPART-
MENT'S WEBSITE WITHIN THIRTY DAYS OF THE UPDATED PLANS BEING FINALIZED.
(F) THE WORKING GROUP SHALL PROVIDE TECHNICAL ASSISTANCE TO PUBLIC
TRANSPORTATION SYSTEMS UPON REQUEST, AND SHALL PROVIDE ASSISTANCE TO
PUBLIC TRANSPORTATION SYSTEMS UPON REQUEST FOR ASSISTANCE IN PURSUING
STATE AND FEDERAL GRANTS AND OTHER FUNDING OPPORTUNITIES. THE WORKING
GROUP SHALL PRIORITIZE FUNDING OPPORTUNITY ASSISTANCE TO PUBLIC TRANS-
PORTATION SYSTEMS IMPLEMENTING A ZERO-EMISSIONS PURCHASE REQUIREMENT
PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-NINE. THE DEPARTMENT SHALL
ALSO FACILITATE THE COORDINATION OF PURCHASING, INSTALLATION AND SHARING
SERVICES BETWEEN PUBLIC TRANSPORTATION SYSTEMS SERVING PRIMARILY OUTSIDE
OF CITIES WITH A POPULATION OF ONE MILLION OR MORE.
5. (A) IN ORDER TO OBTAIN AN EXTENSION OF THE ATTAINMENT DATE BEYOND
THE STATUTORY DATE OF JANUARY FIRST, TWO THOUSAND TWENTY-NINE PURSUANT
TO SUBDIVISION ONE OF THIS SECTION, THE TRANSPORTATION SYSTEM SHALL:
(I) APPLY FOR AN EXTENSION AND SUBMIT A COMPLETE APPLICATION FOR SUCH
EXTENSION ATTAINMENT DATE BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
TY-EIGHT; AND
(II) DEMONSTRATE THAT THE TRANSITION PLAN REQUIRED PURSUANT TO SUBDI-
VISION FOUR OF THIS SECTION CONTAINS ALL OF THE REQUIRED COMPONENTS OF A
TRANSITION PLAN AND INCLUDES A REQUEST FOR EXTENSION OF THE ATTAINMENT
DATE.
(B) THE DEPARTMENT SHALL DETERMINE IF THE TRANSPORTATION SYSTEM QUALI-
FIES FOR AN ATTAINMENT DATE EXTENSION BASED ON:
(I) WHETHER THE TRANSPORTATION SYSTEM CONDUCTED AT LEAST A REQUEST FOR
INFORMATION, REQUEST FOR PROPOSAL, OR COMBINATION OF BOTH FOR PARATRAN-
SIT VEHICLES WITHIN THREE YEARS OF TWO THOUSAND TWENTY-NINE, PROVEN THAT
SUCH ZERO-EMISSION PARATRANSIT TECHNOLOGY IS NOT ATTAINABLE BY TWO THOU-
SAND TWENTY-NINE, AND THE DEPARTMENT HAS DETERMINED THAT A GOOD FAITH
EFFORT HAS BEEN MADE BY THE TRANSPORTATION SYSTEM; AND
S. 8308--B 125
(II) WHETHER THE TRANSPORTATION SYSTEM:
(1) PURCHASED OR INSTALLED EQUIPMENT WITHIN THE LAST TEN YEARS FOR THE
PURPOSE OF REDUCING EMISSIONS AND WHERE BUSES RELIANT ON SUCH INFRAS-
TRUCTURE CONSTITUTE A MAJORITY OF THE IN-USE FLEET; OR
(2) HAS ALREADY RECEIVED FUNDS FOR SUCH EQUIPMENT AND SUCH EQUIPMENT
HAS NOT YET REACHED THE END OF ITS USEFUL LIFE OR THROUGH THE LIFETIME
OF ANY EXISTING FEDERAL FUNDING OBLIGATIONS FOR SUCH INFRASTRUCTURE,
WHICHEVER COMES FIRST; AND WHERE BUSES RELIANT ON SUCH INFRASTRUCTURE
CONSTITUTE A MAJORITY OF THE IN-USE FLEET; OR
(3) IS AN INTERCITY BUS SERVICE OR BUS SERVICE INTENDED TO SATISFY
LONGER DISTANCE TRAVEL DEMAND BETWEEN CITIES, VILLAGES AND UNINCORPORAT-
ED URBAN PLACES AND PROVEN THAT SUCH ZERO-EMISSION TRANSITION IS NOT
ATTAINABLE BY TWO THOUSAND TWENTY-NINE DUE TO TECHNOLOGY OR INFRASTRUC-
TURE AND THE DEPARTMENT HAS DETERMINED THAT A GOOD FAITH EFFORT HAS BEEN
MADE.
(C) IN ORDER TO OBTAIN AN EXEMPTION FROM THE ATTAINMENT DATE REQUIRE-
MENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE TRANSITION PLAN
SHALL INCLUDE:
(I) A TIMELINE FOR ATTAINMENT DEMONSTRATION;
(II) EFFORTS TO MAXIMIZE ZERO-EMISSION BUS PURCHASES AND PURCHASE ONLY
ZERO-EMISSION BUSES PRIOR TO TWO THOUSAND THIRTY-FIVE;
(III) YEAR-BY-YEAR TARGETS FOR ZERO-EMISSION BUS PROCUREMENTS AND
INFRASTRUCTURE INSTALLATION;
(IV) CONTINGENCY MEASURE PROVISIONS; AND
(V) A DETAILED JUSTIFICATION FOR NONATTAINMENT OF ZERO-EMISSION EQUIP-
MENT REVIEW PLAN PROVISIONS.
(D) BASED ON THE DEPARTMENT'S ASSESSMENT OF THE TRANSPORTATION
SYSTEM'S TRANSITION PLAN AND EXTENSION REQUEST, THE DEPARTMENT MAY DENY
THE EXTENSION IF IT DETERMINES THAT AN ADEQUATE ATTEMPT WAS NOT MADE OR
THAT TECHNOLOGY AND INFRASTRUCTURE IS AVAILABLE FOR THE TRANSPORTATION
SYSTEM TO TRANSITION TO ZERO-EMISSION BUSES. ANY DETERMINATION BY THE
DEPARTMENT TO DENY OR GRANT AN EXTENSION REQUEST SHALL BE SUBJECT TO
PUBLIC NOTIFICATION AND COMMENT. ANY APPLICATIONS FOR ATTAINMENT DATE
EXTENSIONS SHALL BE SUBJECT TO THE FREEDOM OF INFORMATION LAW AND
PUBLISHED ON THE DEPARTMENT'S PUBLIC WEBSITE.
(E) TRANSPORTATION SYSTEMS THAT QUALIFY FOR AN EXTENSION PURSUANT TO
THIS SUBDIVISION SHALL PROCURE ONLY ZERO-EMISSION BUSES STARTING JANUARY
FIRST, TWO THOUSAND THIRTY-FIVE OR SOONER ONCE THE EXEMPTION NO LONGER
APPLIES.
§ 3. The transportation law is amended by adding a new section 18-c to
read as follows:
§ 18-C. CAPITAL PLAN REQUIREMENTS. IN FORMULATING THE FIVE-YEAR
DEPARTMENT OF TRANSPORTATION CAPITAL PLANS, THE DEPARTMENT SHALL: (A)
CONSIDER THE REQUIREMENT OF SECTION SEVENTEEN-C OF THIS ARTICLE IN ITS
DISBURSEMENT OF PAYMENT FOR THE COSTS OF MASS TRANSPORTATION CAPITAL
PROJECTS AND FACILITIES AND GIVE PREFERENCE IN THE FORM OF PAYMENTS TO
PUBLIC TRANSPORTATION SYSTEMS ELIGIBLE TO RECEIVE OPERATING ASSISTANCE
UNDER THE PROVISIONS OF SECTION EIGHTEEN-B OF THIS ARTICLE THAT ARE ABLE
TO DEMONSTRATE COMMITMENTS MADE TOWARDS PURCHASING AND RETROFITTING
ZERO-EMISSION BUSES AND RELATED EQUIPMENT AND FACILITIES; AND (B) FACIL-
ITATE FOR PURPOSES OF MEETING THE REQUIREMENT OF SECTION SEVENTEEN-C OF
THIS ARTICLE THE COORDINATION OF PURCHASING, INSTALLATION AND SHARING
SERVICES BETWEEN PUBLIC TRANSPORTATION SYSTEMS SERVING PRIMARILY OUTSIDE
THE CITY OF NEW YORK.
§ 4. Section 2878-a of the public authorities law is amended by adding
a new subdivision 3 to read as follows:
S. 8308--B 126
3. (A) A TRANSPORTATION AUTHORITY ESTABLISHED UNDER THIS CHAPTER MAY,
BY RESOLUTION APPROVED BY A TWO-THIRDS VOTE OF ITS MEMBERS THEN IN
OFFICE, OR BY A DECLARATION THAT COMPETITIVE BIDDING IS IMPRACTICAL OR
INAPPROPRIATE WITH RESPECT TO ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK,
VEHICLES OR OTHER RELATED EQUIPMENT BECAUSE THE ITEM IS AVAILABLE
THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR AND (I) ANOTHER PUBLIC
AUTHORITY PROVIDED THAT SUCH OTHER AUTHORITY UTILIZED A PROCESS OF
COMPETITIVE BIDDING OR A PROCESS OF COMPETITIVE REQUESTS FOR PROPOSALS
TO AWARD SUCH CONTRACTS, OR (II) THE STATE OF NEW YORK, OR (III) A POLI-
TICAL SUBDIVISION OF THE STATE OF NEW YORK, PROVIDED THAT IN ANY CASE
WHEN UNDER THIS SUBDIVISION THE AUTHORITY DETERMINES THAT OBTAINING SUCH
ITEM THEREBY WOULD BE IN THE PUBLIC INTEREST AND SETS FORTH THE REASONS
FOR SUCH DETERMINATION. THE AUTHORITY SHALL ACCEPT SOLE RESPONSIBILITY
FOR ANY PAYMENT DUE THE VENDOR AS A RESULT OF THE AUTHORITY'S ORDER. IN
EACH CASE WHERE THE AUTHORITY DECLARES COMPETITIVE BIDDING IMPRACTICAL
OR INAPPROPRIATE, IT SHALL STATE THE REASON THEREFOR IN WRITING AND
SUMMARIZE ANY NEGOTIATIONS THAT HAVE BEEN CONDUCTED. THE AUTHORITY SHALL
NOT AWARD ANY CONTRACT PURSUANT TO THIS SUBDIVISION EARLIER THAN THIRTY
DAYS FROM THE DATE ON WHICH THE AUTHORITY DECLARES THAT COMPETITIVE
BIDDING IS IMPRACTICAL OR INAPPROPRIATE. ALL PROCUREMENTS APPROVED
PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO AUDIT AND INSPECTION BY
THE DEPARTMENT OF AUDIT AND CONTROL OR ANY SUCCESSOR AGENCIES. FOR
PURPOSES OF THIS SUBDIVISION, "TRANSPORTATION AUTHORITY" SHALL NOT
INCLUDE TRANSPORTATION AUTHORITIES GOVERNED UNDER TITLES NINE, NINE-A
AND ELEVEN OF ARTICLE FIVE OF THIS CHAPTER OR TITLE THREE OF ARTICLE
THREE OF THIS CHAPTER. FOR THE PURPOSES OF THIS SUBDIVISION, "ELECTRIC-
POWERED OMNIBUSES" SHALL INCLUDE ANY BUS OWNED, LEASED, RENTED OR OTHER-
WISE CONTROLLED BY THE AUTHORITY THAT OTHERWISE MEETS THE DEFINITION OF
BUS PROVIDED IN SECTION FIVE HUNDRED NINE-A OF THE VEHICLE AND TRAFFIC
LAW THAT IS PROPELLED BY AN ELECTRIC MOTOR AND ASSOCIATED POWER ELEC-
TRONICS WHICH PROVIDE ACCELERATION TORQUE TO THE DRIVE WHEELS DURING
NORMAL VEHICLE OPERATION AND DRAWS ELECTRICITY FROM A HYDROGEN FUEL CELL
OR FROM A BATTERY WHICH IS CAPABLE OF BEING RECHARGED FROM AN EXTERNAL
SOURCE OF ELECTRICITY; OR OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF
ATMOSPHERIC POLLUTANTS.
(B) (I) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL
RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND
PROTECTION OF CIVIL SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL
EXISTING EMPLOYEES OF AUTHORIZED ENTITIES SHALL BE PRESERVED AND
PROTECTED. NOTHING IN THIS SECTION SHALL RESULT IN THE: (1) DISPLACEMENT
OF ANY CURRENTLY EMPLOYED WORKER OR LOSS OF POSITION, INCLUDING PARTIAL
DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS OF NON-OVERTIME WORK,
WAGES, OR EMPLOYMENT BENEFITS, OR RESULT IN THE IMPAIRMENT OF EXISTING
COLLECTIVE BARGAINING AGREEMENTS; (2) TRANSFER OF EXISTING DUTIES AND
FUNCTIONS RELATED TO MAINTENANCE AND OPERATIONS CURRENTLY PERFORMED BY
EXISTING EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY; OR
(3) TRANSFER OF FUTURE DUTIES AND FUNCTIONS ORDINARILY PERFORMED BY
EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
(II) AT LEAST ONE YEAR PRIOR TO THE BEGINNING OF THE PROCUREMENT PROC-
ESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES OR
RELATED EQUIPMENT, THE AUTHORITY SHALL CREATE AND IMPLEMENT A WORKFORCE
DEVELOPMENT REPORT THAT (1) FORECASTS THE NUMBER OF JOBS PROVIDED BY
EXISTING OMNIBUSES, ROLLING STOCK, VEHICLES OR EQUIPMENT THAT WOULD BE
ELIMINATED OR SUBSTANTIALLY CHANGED AFTER THE PURCHASE, AS WELL AS THE
NUMBER OF JOBS EXPECTED TO BE CREATED AT THE AUTHORITY BY THE PROPOSED
PURCHASE OVER A SIX-YEAR PERIOD FROM THE DATE OF THE PUBLICATION OF THE
S. 8308--B 127
WORKFORCE DEVELOPMENT REPORT, (2) IDENTIFIES GAPS IN SKILLS NEEDED TO
OPERATE AND MAINTAIN THE NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK,
VEHICLES OR RELATED EQUIPMENT, (3) INCLUDES A COMPREHENSIVE PLAN TO
TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE
PROPOSED PURCHASE, AND (4) CONTAINS AN ESTIMATED BUDGET TO TRANSITION,
TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE.
(C) NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO AFFECT (I) THE
EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
EMPLOYEE ORGANIZATIONS OR THE BARGAINING RELATIONSHIPS BETWEEN THE
EMPLOYER AND AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING THE PROCURE-
MENT PROCESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES
OR RELATED EQUIPMENT, THE TRANSIT AGENCY OR MUNICIPALITY SHALL INFORM
THE RESPECTIVE COLLECTIVE BARGAINING AGENT OF ANY POTENTIAL JOBS THAT
MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE, AND
IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
§ 5. Section 104 of the general municipal law is amended by adding a
new subdivision 3 to read as follows:
3. (A) NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE OF
THIS ARTICLE OR OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ANY CHIEF
EXECUTIVE OFFICER OF A POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A
PUBLIC TRANSPORTATION SYSTEM IS AUTHORIZED TO MAKE PURCHASES OF ELEC-
TRIC-POWERED OMNIBUSES OR OTHER RELATED EQUIPMENT UPON A RESOLUTION
APPROVED BY A TWO-THIRDS VOTE OF ITS BOARD THEN IN OFFICE BECAUSE THE
ITEM IS AVAILABLE THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR AND (I)
A PUBLIC AUTHORITY OF THE STATE PROVIDED THAT SUCH OTHER AUTHORITY
UTILIZED A PROCESS OF COMPETITIVE BIDDING OR A PROCESS OF COMPETITIVE
REQUESTS FOR PROPOSALS TO AWARD SUCH CONTRACTS, OR (II) THE STATE OF NEW
YORK, OR (III) A POLITICAL SUBDIVISION OF THE STATE OF NEW YORK,
PROVIDED THAT IN ANY CASE WHEN UNDER THIS SUBDIVISION THE POLITICAL
SUBDIVISION DETERMINES THAT OBTAINING SUCH ITEM THEREBY WOULD BE IN THE
PUBLIC INTEREST AND SETS FORTH THE REASONS FOR SUCH DETERMINATION. THE
POLITICAL SUBDIVISION SHALL NOT AWARD ANY CONTRACT PURSUANT TO THIS
SUBDIVISION EARLIER THAN THIRTY DAYS FROM THE DATE ON WHICH THE POLI-
TICAL SUBDIVISION DECLARES THAT COMPETITIVE BIDDING IS IMPRACTICAL OR
INAPPROPRIATE. ALL PURCHASES SHALL BE SUBJECT TO AUDIT AND INSPECTION BY
THE POLITICAL SUBDIVISION FOR WHICH MADE, IN ADDITION TO THE DEPARTMENT
OF AUDIT AND CONTROL OF NEW YORK STATE. FOR PURPOSES OF THIS SUBDIVI-
SION, "POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A PUBLIC TRANSPOR-
TATION SYSTEM" SHALL NOT INCLUDE TRANSPORTATION AUTHORITIES GOVERNED
UNDER TITLES NINE, NINE-A AND ELEVEN OF ARTICLE FIVE OF THE PUBLIC
AUTHORITIES LAW OR TITLE THREE OF ARTICLE THREE OF THE PUBLIC AUTHORI-
TIES LAW. FOR THE PURPOSES OF THIS SUBDIVISION, "ELECTRIC-POWERED OMNI-
BUSES" SHALL INCLUDE ANY BUS OWNED, LEASED, RENTED OR OTHERWISE
CONTROLLED BY THE POLITICAL SUBDIVISION THAT OTHERWISE MEETS THE DEFI-
NITION OF BUS PROVIDED IN SECTION FIVE HUNDRED NINE-A OF THE VEHICLE AND
TRAFFIC LAW THAT IS PROPELLED BY AN ELECTRIC MOTOR AND ASSOCIATED POWER
ELECTRONICS WHICH PROVIDE ACCELERATION TORQUE TO THE DRIVE WHEELS DURING
NORMAL VEHICLE OPERATION AND DRAWS ELECTRICITY FROM A HYDROGEN FUEL CELL
OR FROM A BATTERY WHICH IS CAPABLE OF BEING RECHARGED FROM AN EXTERNAL
SOURCE OF ELECTRICITY; OR OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF
ATMOSPHERIC POLLUTANTS.
(B) (I) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL
RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND
PROTECTION OF CIVIL SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL
EXISTING EMPLOYEES OF AUTHORIZED ENTITIES SHALL BE PRESERVED AND
S. 8308--B 128
PROTECTED. NOTHING IN THIS SECTION SHALL RESULT IN THE: (1) DISPLACEMENT
OF ANY CURRENTLY EMPLOYED WORKER OR LOSS OF POSITION, INCLUDING
PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS OF NON-OVERTIME
WORK, WAGES, OR EMPLOYMENT BENEFITS, OR RESULT IN THE IMPAIRMENT OF
EXISTING COLLECTIVE BARGAINING AGREEMENTS; (2) TRANSFER OF EXISTING
DUTIES AND FUNCTIONS RELATED TO MAINTENANCE AND OPERATIONS CURRENTLY
PERFORMED BY EXISTING EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING
ENTITY; OR (3) TRANSFER OF FUTURE DUTIES AND FUNCTIONS ORDINARILY
PERFORMED BY EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
(II) AT LEAST ONE YEAR PRIOR TO THE BEGINNING OF THE PROCUREMENT PROC-
ESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES OR
RELATED EQUIPMENT, THE TRANSIT AGENCY OR MUNICIPALITY SHALL CREATE AND
IMPLEMENT A WORKFORCE DEVELOPMENT REPORT THAT (1) FORECASTS THE NUMBER
OF JOBS PROVIDED BY EXISTING OMNIBUSES, ROLLING STOCK, VEHICLES OR
EQUIPMENT THAT WOULD BE ELIMINATED OR SUBSTANTIALLY CHANGED AFTER THE
PURCHASE, AS WELL AS THE NUMBER OF JOBS EXPECTED TO BE CREATED AT THE
TRANSIT PROVIDER BY THE PROPOSED PURCHASE OVER A SIX-YEAR PERIOD FROM
THE DATE OF THE PUBLICATION OF THE WORKFORCE DEVELOPMENT REPORT, (2)
IDENTIFIES GAPS IN SKILLS NEEDED TO OPERATE AND MAINTAIN THE NEW ELEC-
TRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES OR RELATED EQUIPMENT,
(3) INCLUDES A COMPREHENSIVE PLAN TO TRANSITION, TRAIN, OR RETRAIN
EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE, AND (4) CONTAINS
AN ESTIMATED BUDGET TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE
IMPACTED BY THE PROPOSED PURCHASE.
(C) NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO AFFECT (I) THE
EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
EMPLOYEE ORGANIZATIONS OR THE BARGAINING RELATIONSHIPS BETWEEN THE
EMPLOYER AND AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING THE PROCURE-
MENT PROCESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES
OR RELATED EQUIPMENT, THE TRANSIT AGENCY OR MUNICIPALITY SHALL INFORM
THE RESPECTIVE COLLECTIVE BARGAINING AGENT OF ANY POTENTIAL JOBS THAT
MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE, AND
IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
§ 6. Section 104 of the general municipal law, as amended by section
27 of part L of chapter 55 of the laws of 2012, is amended to read as
follows:
§ 104. Purchase through office of general services. 1. Notwithstanding
the provisions of section one hundred three of this article or of any
other general, special or local law, any officer, board or agency of a
political subdivision, of a district therein, of a fire company or of a
voluntary ambulance service is authorized to make purchases of commod-
ities and services available pursuant to section one hundred sixty-three
of the state finance law, may make such purchases through the office of
general services subject to such rules as may be established from time
to time pursuant to section one hundred sixty-three of the state finance
law or through the general services administration pursuant to section
1555 of the federal acquisition streamlining act of 1994, P.L. 103-355;
provided that any such purchase shall exceed five hundred dollars and
that the political subdivision, district, fire company or voluntary
ambulance service for which such officer, board or agency acts shall
accept sole responsibility for any payment due the vendor. All purchases
shall be subject to audit and inspection by the political subdivision,
district, fire company or voluntary ambulance service for which made. No
officer, board or agency of a political subdivision, or a district ther-
ein, of a fire company or of a voluntary ambulance service shall make
S. 8308--B 129
any purchase through such office when bids have been received for such
purchase by such officer, board or agency, unless such purchase may be
made upon the same terms, conditions and specifications at a lower price
through such office. Two or more fire companies or voluntary ambulance
services may join in making purchases pursuant to this section, and for
the purposes of this section such groups shall be deemed "fire companies
or voluntary ambulance services."
2. (A) NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE OF
THIS ARTICLE OR OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ANY CHIEF
EXECUTIVE OFFICER OF A POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A
PUBLIC TRANSPORTATION SYSTEM IS AUTHORIZED TO MAKE PURCHASES OF ELEC-
TRIC-POWERED OMNIBUSES OR OTHER RELATED EQUIPMENT UPON A RESOLUTION
APPROVED BY A TWO-THIRDS VOTE OF ITS BOARD THEN IN OFFICE BECAUSE THE
ITEM IS AVAILABLE THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR AND (A)
A PUBLIC AUTHORITY OF THE STATE PROVIDED THAT SUCH OTHER AUTHORITY
UTILIZED A PROCESS OF COMPETITIVE BIDDING OR A PROCESS OF COMPETITIVE
REQUESTS FOR PROPOSALS TO AWARD SUCH CONTRACTS, OR (B) THE STATE OF NEW
YORK, OR (C) A POLITICAL SUBDIVISION OF THE STATE OF NEW YORK, PROVIDED
THAT IN ANY CASE WHEN UNDER THIS SUBDIVISION THE POLITICAL SUBDIVISION
DETERMINES THAT OBTAINING SUCH ITEM THEREBY WOULD BE IN THE PUBLIC
INTEREST AND SETS FORTH THE REASONS FOR SUCH DETERMINATION. THE POLI-
TICAL SUBDIVISION SHALL NOT AWARD ANY CONTRACT PURSUANT TO THIS SUBDIVI-
SION EARLIER THAN THIRTY DAYS FROM THE DATE ON WHICH THE POLITICAL
SUBDIVISION DECLARES THAT COMPETITIVE BIDDING IS IMPRACTICAL OR INAPPRO-
PRIATE. ALL PURCHASES SHALL BE SUBJECT TO AUDIT AND INSPECTION BY THE
POLITICAL SUBDIVISION FOR WHICH MADE, IN ADDITION TO THE DEPARTMENT OF
AUDIT AND CONTROL OF NEW YORK STATE. FOR PURPOSES OF THIS SUBDIVISION,
"POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A PUBLIC TRANSPORTATION
SYSTEM" SHALL NOT INCLUDE TRANSPORTATION AUTHORITIES GOVERNED UNDER
TITLES NINE, NINE-A AND ELEVEN OF ARTICLE FIVE OF THE PUBLIC AUTHORITIES
LAW OR TITLE THREE OF ARTICLE THREE OF THE PUBLIC AUTHORITIES LAW. FOR
THE PURPOSES OF THIS SUBDIVISION, "ELECTRIC-POWERED OMNIBUSES" SHALL
INCLUDE ANY BUS OWNED, LEASED, RENTED OR OTHERWISE CONTROLLED BY THE
POLITICAL SUBDIVISION THAT OTHERWISE MEETS THE DEFINITION OF BUS
PROVIDED IN SECTION FIVE HUNDRED NINE-A OF THE VEHICLE AND TRAFFIC LAW
THAT IS PROPELLED BY AN ELECTRIC MOTOR AND ASSOCIATED POWER ELECTRONICS
WHICH PROVIDE ACCELERATION TORQUE TO THE DRIVE WHEELS DURING NORMAL
VEHICLE OPERATION AND DRAWS ELECTRICITY FROM A HYDROGEN FUEL CELL OR
FROM A BATTERY WHICH IS CAPABLE OF BEING RECHARGED FROM AN EXTERNAL
SOURCE OF ELECTRICITY; OR OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF
ATMOSPHERIC POLLUTANTS.
(B) (I) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL
RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND
PROTECTION OF CIVIL SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL
EXISTING EMPLOYEES OF AUTHORIZED ENTITIES SHALL BE PRESERVED AND
PROTECTED. NOTHING IN THIS SECTION SHALL RESULT IN THE: (1) DISPLACEMENT
OF ANY CURRENTLY EMPLOYED WORKER OR LOSS OF POSITION, INCLUDING
PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS OF NON-OVERTIME
WORK, WAGES, OR EMPLOYMENT BENEFITS, OR RESULT IN THE IMPAIRMENT OF
EXISTING COLLECTIVE BARGAINING AGREEMENTS; (2) TRANSFER OF EXISTING
DUTIES AND FUNCTIONS RELATED TO MAINTENANCE AND OPERATIONS CURRENTLY
PERFORMED BY EXISTING EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING
ENTITY; OR (3) TRANSFER OF FUTURE DUTIES AND FUNCTIONS ORDINARILY
PERFORMED BY EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
(II) AT LEAST ONE YEAR PRIOR TO THE BEGINNING OF THE PROCUREMENT PROC-
ESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES OR
S. 8308--B 130
RELATED EQUIPMENT, THE TRANSIT AGENCY OR MUNICIPALITY SHALL CREATE AND
IMPLEMENT A WORKFORCE DEVELOPMENT REPORT THAT (1) FORECASTS THE NUMBER
OF JOBS PROVIDED BY EXISTING OMNIBUSES, ROLLING STOCK, VEHICLES OR
EQUIPMENT THAT WOULD BE ELIMINATED OR SUBSTANTIALLY CHANGED AFTER THE
PURCHASE, AS WELL AS THE NUMBER OF JOBS EXPECTED TO BE CREATED AT THE
TRANSIT PROVIDER BY THE PROPOSED PURCHASE OVER A SIX-YEAR PERIOD FROM
THE DATE OF THE PUBLICATION OF THE WORKFORCE DEVELOPMENT REPORT, (2)
IDENTIFIES GAPS IN SKILLS NEEDED TO OPERATE AND MAINTAIN THE NEW ELEC-
TRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES OR RELATED EQUIPMENT,
(3) INCLUDES A COMPREHENSIVE PLAN TO TRANSITION, TRAIN, OR RETRAIN
EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE, AND (4) CONTAINS
AN ESTIMATED BUDGET TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE
IMPACTED BY THE PROPOSED PURCHASE.
(C) NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO AFFECT (I) THE
EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
EMPLOYEE ORGANIZATIONS OR THE BARGAINING RELATIONSHIPS BETWEEN THE
EMPLOYER AND AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING THE PROCURE-
MENT PROCESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES
OR RELATED EQUIPMENT, THE TRANSIT AGENCY OR MUNICIPALITY SHALL INFORM
THE RESPECTIVE COLLECTIVE BARGAINING AGENT OF ANY POTENTIAL JOBS THAT
MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE, AND
IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
§ 7. The transportation law is amended by adding a new section 18-d to
read as follows:
§ 18-D. ZERO-EMISSION BUS PROCUREMENT CONTRACT PROPOSALS. 1. FOR THE
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
(A) "DISPLACED WORKER" MEANS ANY EMPLOYEE WHOSE MOST RECENT SEPARATION
FROM ACTIVE SERVICE WAS DUE TO LACK OF BUSINESS, A REDUCTION IN FORCE,
OR OTHER ECONOMIC, NONDISCIPLINARY REASON RELATED TO THE TRANSITION FROM
THE FOSSIL-FUEL RELIANT BUSES TO ZERO-EMISSION BUSES.
(B) "INDIVIDUAL FACING BARRIERS TO EMPLOYMENT" MEANS EITHER OF THE
FOLLOWING:
(I) AN INDIVIDUAL FACING BARRIERS TO EMPLOYMENT AS DEFINED BY THE
COMMISSIONER OR, OTHERWISE
(II) AN INDIVIDUAL FROM A DEMOGRAPHIC GROUP THAT REPRESENTS LESS THAN
THIRTY PERCENT OF THEIR RELEVANT INDUSTRY WORKFORCE ACCORDING TO THE
UNITED STATES BUREAU OF LABOR STATISTICS.
(C) "NON-TEMPORARY JOB" MEANS A JOB OTHER THAN THOSE CLASSIFIED AS
"TEMPORARY" AS DEFINED IN ARTICLE ELEVEN OF THE GENERAL BUSINESS LAW.
2. (A) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, EVERY PUBLIC
TRANSPORTATION SYSTEM ELIGIBLE TO RECEIVE OPERATING ASSISTANCE PURSUANT
TO SECTION EIGHTEEN-B OF THIS ARTICLE SHALL AWARD CONTRACTS FOR ZERO-EM-
ISSION BUSES AND RELATED EQUIPMENT USING A COMPETITIVE BEST-VALUE
PROCUREMENT PROCESS; AND SHALL REQUIRE BIDDERS TO SUBMIT A UNITED STATES
JOBS PLAN AS PART OF THEIR SOLICITATION RESPONSES.
(B) THE UNITED STATES JOBS PLAN SHALL INCLUDE THE FOLLOWING INFORMA-
TION:
(I) THE NUMBER OF FULL-TIME NON-TEMPORARY JOBS PROPOSED TO BE RETAINED
AND CREATED, INCLUDING AN ACCOUNTING OF THE POSITIONS CLASSIFIED AS
EMPLOYEES, AS DEFINED IN SECTION SEVEN HUNDRED FORTY OF THE LABOR LAW,
AND POSITIONS CLASSIFIED AS INDEPENDENT CONTRACTORS;
(II) THE NUMBER OF JOBS SPECIFICALLY RESERVED FOR INDIVIDUALS FACING
BARRIERS TO EMPLOYMENT AND THE NUMBER RESERVED FOR DISPLACED WORKERS AND
WORKERS FROM DISADVANTAGED COMMUNITIES;
S. 8308--B 131
(III) THE MINIMUM WAGE LEVELS BY JOB CLASSIFICATION FOR NON-SUPERVISO-
RY WORKERS;
(IV) PROPOSED AMOUNTS TO BE PAID FOR FRINGE BENEFITS BY JOB CLASSI-
FICATION AND THE PROPOSED AMOUNTS FOR WORKER TRAINING BY JOB CLASSIFICA-
TION;
(V) IN THE EVENT THAT A FEDERAL AUTHORITY SPECIFICALLY AUTHORIZES USE
OF A GEOGRAPHIC PREFERENCE OR WHEN STATE OR LOCAL FUNDS ARE USED TO FUND
A CONTRACT, PROPOSED LOCAL JOBS CREATED IN THE STATE OR WITHIN AN EXIST-
ING FACILITY IN THE STATE THAT ARE RELATED TO THE MANUFACTURING OF ZERO-
EMISSION BUSES AND RELATED EQUIPMENT; AND
(VI) INFORMATION ON WHAT STEPS HAVE BEEN TAKEN AND WILL BE TAKEN TO
IMPLEMENT THE WORKFORCE DEVELOPMENT REPORT WITH RESPECT TO TRAINING AND
RETRAINING OF EXISTING MAINTENANCE, DRIVERS AND OTHER IDENTIFIED
PURCHASING AGENCY EMPLOYEES.
3. THE REQUESTS FOR PROPOSALS ESTABLISHED BY SUBDIVISION TWO OF THIS
SECTION SHALL INCLUDE NOTICE TO BIDDERS STATING THAT:
(A) THE CONTENT OF UNITED STATES JOBS PLANS SHALL BE INCORPORATED AS
MATERIAL TERMS OF THE FINAL CONTRACT;
(B) THE CONTENT OF UNITED STATES JOBS PLANS AND REPORTS REQUIRED BY
THIS SECTION SHALL BE SUBJECT TO DISCLOSURE UNDER THE FREEDOM OF INFOR-
MATION LAW; AND
(C) THE FINAL CONTRACT AND COMPLIANCE DOCUMENTS SHALL BE MADE AVAIL-
ABLE TO THE PUBLIC.
4. THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO ESTABLISH THE FORMS,
PROCEDURES, AND PROCESSES NECESSARY FOR IMPACTED TRANSIT AGENCIES TO
IMPLEMENT THE REQUIREMENTS OF THIS SECTION. THIS SHALL INCLUDE A STAND-
ARD AND CONSISTENT METHOD, SUCH AS A WORKBOOK OR WORKSHEET, TO TRACK THE
QUANTIFIABLE INFORMATION REQUIRED IN PARAGRAPH (B) OF SUBDIVISION TWO OF
THIS SECTION AND PROCEDURES TO ANNUALLY ASSESS CONTRACTING ENTITIES
COMPLIANCE WITH THE UNITED STATES JOBS PLAN.
5. CONTRACTING ENTITIES SHALL BE REQUIRED TO SUBMIT ANNUAL UNITED
STATES JOBS PLAN REPORTS TO CONTRACTING PUBLIC AGENCIES DEMONSTRATING
COMPLIANCE WITH THEIR UNITED STATES JOBS PLAN COMMITMENTS. THE TERMS OF
THE FINAL CONTRACT AS WELL AS ALL COMPLIANCE REPORTING SHALL BE MADE
AVAILABLE TO THE PUBLIC ONLINE, EITHER VIA THE CONTRACTING AGENCY'S
WEBSITE OR THE DEPARTMENT'S WEBSITE, AT THE ELECTION OF THE CONTRACTING
AGENCY.
6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO: (A) A CONTRACT
AWARDED BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-FIVE; OR
(B) A CONTRACT AWARDED BASED ON A SOLICITATION ISSUED BEFORE JANUARY
FIRST, TWO THOUSAND TWENTY-FIVE.
§ 8. The public service law is amended by adding a new section 66-x to
read as follows:
§ 66-X. PUBLIC TRANSPORTATION SYSTEMS ZERO-EMISSION ELECTRICITY
INFRASTRUCTURE. EVERY ELECTRIC CORPORATION WHICH PROVIDES ELECTRIC
SERVICE TO A PUBLIC TRANSPORTATION SYSTEM, AS DEFINED IN SECTION EIGH-
TEEN-B OF THE TRANSPORTATION LAW, SHALL ENSURE THAT SUCH CORPORATION HAS
THE REQUISITE AND APPROPRIATE INFRASTRUCTURE, CAPACITY, FACILITIES, AND
TRANSMISSION AND DISTRIBUTION SYSTEMS NEEDED TO SUPPLY POWER FOR THE
ELECTRIC CHARGING OF ZERO-EMISSION BUSES OF A PUBLIC TRANSPORTATION
SYSTEM AT THE LOCATIONS DESIGNATED FOR CHARGING BY SUCH PUBLIC TRANSPOR-
TATION SYSTEMS. WITHIN ONE YEAR OF THE PUBLICATION OF THE ROADMAP
REQUIRED UNDER SUBDIVISION FOUR OF SECTION SEVENTEEN-C OF THE TRANSPOR-
TATION LAW, AN ELECTRIC CORPORATION SHALL HAVE ADOPTED FINALIZED PLANS
AND AGREEMENTS TO CONSTRUCT, INSTALL OR UPGRADE THE INFRASTRUCTURE
NECESSARY TO SUPPORT TO THE DEPLOYMENT AND OPERATION OF ZERO-EMISSION
S. 8308--B 132
BUSES BY A PUBLIC TRANSPORTATION SYSTEM BY PROVIDING THE REQUIRED ELEC-
TRIC SERVICE TO THE LOCATIONS DESIGNATED FOR CHARGING BUSES BY SUCH
PUBLIC TRANSPORTATION SYSTEM. ALL COSTS ASSOCIATED WITH THE MANDATES OF
THIS SECTION SHALL BE BORNE BY AN ELECTRIC CORPORATION. THE COMMISSION
SHALL NOT APPROVE ANY INCREASES IN RATES OR CHARGES FOR SERVICES OF AN
ELECTRIC CORPORATION WHICH HAS NOT COMPLIED WITH THIS SECTION BY THE
DATE SET FORTH HEREIN OR PURSUANT TO THE ROADMAP UNDER SECTION SEVEN-
TEEN-C OF THE TRANSPORTATION LAW.
§ 9. Section 66-s of the public service law is amended by adding a new
subdivision 7 to read as follows:
7. THE COMMISSION SHALL ESTABLISH A SEPARATE TARIFF UNDER THIS SECTION
FOR PUBLIC TRANSPORTATION SYSTEMS AS DEFINED IN SECTION EIGHTEEN-B OF
THE TRANSPORTATION LAW FOR SEPARATELY METERED UTILITIES FOR THE PURPOSE
OF CHARGING ZERO-EMISSION BUSES AS DEFINED IN SECTION SEVENTEEN-C OF
SUCH LAW. THE TARIFF SHALL PROVIDE A WAIVER OF ALL SECONDARY DEMAND
CHARGES FOR CHARGING ZERO-EMISSION BUSES BETWEEN THE HOURS OF TEN
O'CLOCK P.M. AND EIGHT O'CLOCK A.M., AS WELL AS LOW TENSION SERVICE FOR
WINTER AND SUMMER MONTHS.
§ 10. Severability. The provisions of this act shall be severable, and
if the application of any clause, sentence, paragraph, subdivision,
section or part of this act to any person or circumstance shall be
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section or
part of this act or remainder thereof, as the case may be, to any other
person or circumstance, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered.
§ 11. This act shall take effect immediately, provided, however, that
section seven of this act shall take effect on the ninetieth day after
it shall have become a law; provided, further, that the amendments to
section 104 of the general municipal law made by section five of this
act shall be subject to the expiration and reversion of such section
pursuant to section 9 of subpart A of part C of chapter 97 of the laws
of 2011, as amended, when upon such date the provisions of section six
of this act shall take effect. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such effective date.
PART XX
Section 1. Short title. This act shall be known and may be cited as
the "harmful algal bloom monitoring and prevention act".
§ 2. Legislative findings and declarations. The legislature finds that
the state of New York has a responsibility to maintain the health and
safety of its abundant clean water resources, upon which the residents
of New York state, as well as its many visitors, rely on for drinking,
agriculture, tourism, recreation, and their livelihoods. Because the
waters of the state are under threat by harmful algal blooms, which are
known to be toxic and even fatal to humans, pets, and wildlife, the
state has a responsibility to provide coordinated, statewide monitoring,
evaluation, prevention and mitigation, going beyond water body-specific
data collection and isolated mitigation efforts. While the causes of
harmful algal blooms are complex and varied, with a coordinated and
S. 8308--B 133
standardized approach to monitoring and evaluation, patterns can more
readily be identified to isolate the combination of relevant causes
specific to different bodies of water across the state and determine the
most effective targeted interventions. To address this threat, the state
must develop and maintain a comprehensive state clearinghouse to bring
together existing and new available statewide cross-sectional and longi-
tudinal data and information on harmful algal blooms, potential and
known causes, best practice interventions, expertise, and funding
resources. This data and subsequent report will enable the state to
effectively and efficiently administer a central grant program support-
ing data-driven best practices in prevention and mitigation of harmful
algal blooms.
§ 3. The environmental conservation law is amended by adding a new
section 15-0519 to read as follows:
§ 15-0519. HARMFUL ALGAL BLOOM MONITORING AND PREVENTION PROGRAM.
1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
A. "HARMFUL ALGAL BLOOMS" SHALL MEAN GROWTHS OF BLOOMS OF ALGAL
SPECIES PRESENT IN FRESH OR SALT WATER THAT CAN PRODUCE TOXINS THAT ARE
HARMFUL TO PUBLIC HEALTH, THE ECONOMY, OR RECREATIONAL ENJOYMENT, OR
THAT CAN IMPAIR WATER QUALITY AND THE NATURAL ECOLOGY THEREIN.
B. "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN, OR VILLAGE.
2. COMPREHENSIVE STATEWIDE DATA COLLECTION CONSOLIDATION AND ANALYSIS;
REPORT. A. THE COMMISSIONER SHALL DEVELOP A PROGRAM TO FURTHER THE
COMPREHENSIVE AND CONSISTENT COLLECTION, CONSOLIDATION, ANALYSIS AND
META-ANALYSIS OF STATEWIDE DATA RELATING TO THE MONITORING, EVALUATION,
PREVENTION, AND MITIGATION OF HARMFUL ALGAL BLOOM OUTBREAKS. THE COMMIS-
SIONER SHALL PROVIDE GUIDELINES FOR THE SUBMISSION OF EXISTING AND
HISTORICAL HARMFUL ALGAL BLOOM MONITORING, EVALUATION, MITIGATION, AND
PREVENTION DATA AND STRATEGIES FROM RELEVANT INSTITUTIONS, ORGANIZA-
TIONS, AND INDIVIDUALS WITH EXPERIENCE IN PEER-REVIEWED RESEARCH, GRANT-
MAKING, OR OTHER LIKE ACTIVITIES IN THE AREA OF WATER QUALITY RELATING
TO THE MONITORING, EVALUATION, PREVENTION, AND MITIGATION OF HARMFUL
ALGAL BLOOM OUTBREAKS, INCLUDING BUT NOT LIMITED TO RESEARCH PROGRAMS,
CLINICS, LABS, AND PROJECT MANAGEMENT.
B. THE DATA COLLECTED, CONSOLIDATED, AND ANALYZED SHALL CONSIST OF
ELEMENTS INCLUDING BUT NOT LIMITED TO LONGITUDINAL DATA ON THE INCIDENCE
OF HARMFUL ALGAL BLOOMS, CONTEXTUAL FACTORS THOUGHT TO BE ASSOCIATED
WITH THE INCIDENCE OF HARMFUL ALGAL BLOOMS SUCH AS WATER TEMPERATURE,
TURBIDITY, FLOW RATE, SALINITY, NUTRIENT LEVELS FOR PHOSPHORUS AND
NITROGEN, ACIDITY (PH), DISSOLVED OXYGEN LEVELS, MONITORING AND EVALU-
ATION OF WATERS OF THE STATE THAT DO NOT CONTAIN HARMFUL ALGAL BLOOMS,
AND RESULTS OF HARMFUL ALGAL BLOOM INTERVENTIONS IN NEW YORK STATE.
C. THE DATA COLLECTED, CONSOLIDATED, AND ANALYZED SHALL MEET A STAND-
ARD THAT IS CONSISTENT WITH THE PRACTICES AND EXPERTISE OF INSTITUTIONS,
ORGANIZATIONS, OR INDIVIDUALS WITH EXPERIENCE IN PEER-REVIEWED RESEARCH,
GRANTMAKING, OR OTHER LIKE ACTIVITIES IN THE AREA OF WATER QUALITY
RELATING TO THE MONITORING, EVALUATION, PREVENTION, AND MITIGATION OF
HARMFUL ALGAL BLOOM OUTBREAKS, INCLUDING BUT NOT LIMITED TO RESEARCH
PROGRAMS, CLINICS, LABS, AND PROJECT MANAGEMENT.
D. THE DEPARTMENT SHALL ANNUALLY PUBLISH AND UPDATE A LIST OF VETTED
BEST PRACTICE STRATEGIES FOR HARMFUL ALGAL BLOOM MONITORING, EVALUATION,
PREVENTION, AND MITIGATION, WHICH SHALL BE DIFFERENTIATED BY REGION OR
WATER BODY WITH UNIQUE CONFIRMED CAUSAL PATHWAYS FOR THE RELATED HARMFUL
ALGAL BLOOM OUTBREAK TRENDS. SUCH STRATEGIES SHALL BE SUPPORTED BY FIND-
INGS OF THE HARMFUL ALGAL BLOOM DATABASE CREATED PURSUANT TO SUBDIVISION
S. 8308--B 134
THREE OF THIS SECTION, AS WELL AS EXTERNAL EVALUATION, INCLUDING BUT NOT
LIMITED TO STRATEGIES APPROVED BY THE FEDERAL ENVIRONMENTAL PROTECTION
AGENCY, CERTIFICATION THAT SUCH STRATEGIES MEET OR EXCEED THE AMERICAN
NATIONAL STANDARDS FOR HEALTH EFFECTS OF DRINKING WATER TREATMENT CHEMI-
CALS (NSF/ANSI/CAN-60), OR TESTING FOR EFFICACY BY CENTER OF EXCELLENCE
IN HEALTHY WATER SOLUTIONS. THE DEPARTMENT SHALL PUBLISH SUCH LIST AND
FINDINGS SUPPORTING THE STRATEGIES ON SUCH LIST ON THE DEPARTMENT'S
WEBSITE.
E. NO LATER THAN FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,
THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE
AND MARKETS, SHALL PREPARE A REPORT PROVIDING COMPREHENSIVE ANALYSIS AND
META-ANALYSIS OF THE DATA COLLECTED PURSUANT TO THIS SECTION, INCLUDING
FINDINGS AND RECOMMENDATIONS FOR ESTABLISHING, MAINTAINING, AND IMPROV-
ING UPON A COORDINATED SYSTEM OF MONITORING, EVALUATION, PREVENTION, AND
MITIGATION OF HARMFUL ALGAL BLOOM OUTBREAKS ACROSS NEW YORK STATE. THE
DEPARTMENT SHALL:
I. UPDATE THE REPORT AT LEAST ONCE EVERY FIVE YEARS AFTER THE INITIAL
COMPLETION OF THE REPORT;
II. MAKE THE REPORT PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE;
III. HOLD AT LEAST SIX REGIONAL PUBLIC COMMENT HEARINGS ON THE DRAFT
REPORT AND SUBSEQUENT UPDATES TO THE REPORT, INCLUDING THREE MEETINGS IN
THE UPSTATE REGION AND THREE MEETINGS IN THE DOWNSTATE REGION, AND SHALL
ALLOW AT LEAST ONE HUNDRED TWENTY DAYS FOR THE SUBMISSION OF PUBLIC
COMMENT;
IV. PROVIDE MEANINGFUL OPPORTUNITIES FOR PUBLIC COMMENT FROM ALL
SEGMENTS OF THE POPULATIONS THAT LIVE NEAR, OR ARE RELIANT UPON FOR
DRINKING, RECREATION, OR ECONOMIC ACTIVITY, THE WATERS OF THE STATE
INCLUDED IN THE REPORT;
V. SEEK OUT INPUT FROM INSTITUTIONS OR ORGANIZATIONS WITH RELEVANT
EXPERTISE, CITIZEN SCIENTISTS, AND LABS TESTING WATER QUALITY IN
RELATION TO HARMFUL ALGAL BLOOMS;
VI. IDENTIFY THE MAGNITUDE OF HARMFUL ALGAL BLOOMS ACROSS THE STATE
AND MAKE RECOMMENDATIONS ON REGULATORY MEASURES AND OTHER STATE OR LOCAL
ACTIONS TO MONITOR, EVALUATE, PREVENT, OR MITIGATE HARMFUL ALGAL BLOOMS,
INCLUDING EXISTING OPPORTUNITIES FOR COORDINATION OF FEDERAL, STATE,
MUNICIPAL, AND NON-GOVERNMENTAL ORGANIZATIONS;
VII. IDENTIFY BEST PRACTICES, TECHNOLOGY, AND AVAILABLE FEDERAL,
STATE, MUNICIPAL, OR PRIVATE FUNDING FOR AND EXISTING EFFORTS IN MONI-
TORING, EVALUATING, PREVENTING, AND MITIGATING HARMFUL ALGAL BLOOMS; AND
VIII. IDENTIFY THE CURRENT NEED IN SPECIFIC BODIES OF WATER FOR THE
ESTABLISHMENT OF PROGRAMS OR ORGANIZATIONS TO FURTHER THE MONITORING,
EVALUATION, PREVENTION, AND MITIGATION OF HARMFUL ALGAL BLOOMS, AND THE
COSTS THEREFOR.
3. HARMFUL ALGAL BLOOM DATABASE. A. THE COMMISSIONER SHALL ESTABLISH
AND MAINTAIN A WEBSITE PROVIDING PUBLIC ACCESS TO A HARMFUL ALGAL BLOOM
DATABASE WHICH SHALL CONTAIN ALL RELEVANT DATA, RESEARCH, AND REPORTING
REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
B. SUCH DATABASE, AND ANALYSIS OF THE COMPREHENSIVE STATEWIDE DATA
THEREIN, SHALL SUPPORT THE COORDINATION OF EFFORTS ACROSS THE STATE TO
MONITOR, EVALUATE, PREVENT, AND MITIGATE HARMFUL ALGAL BLOOMS, AND SHALL
INCLUDE, BUT NOT BE LIMITED TO:
I. THE GEOLOCATION OF HARMFUL ALGAL BLOOM OUTBREAKS, AND EFFORTS TO
MONITOR, EVALUATE, PREVENT, AND MITIGATE SUCH OUTBREAKS;
II. EXISTING RESEARCH, ANALYSIS, OR REPORTS RELATING TO OUTBREAKS OF
HARMFUL ALGAL BLOOMS IN THE WATERS OF THE STATE AND THE CAUSES OF SUCH
OUTBREAKS;
S. 8308--B 135
III. KNOWN OR DEVELOPING STRATEGIES AND BEST PRACTICES OF STATE,
MUNICIPAL, AND NON-GOVERNMENTAL ORGANIZATIONS THAT MONITOR, EVALUATE,
PREVENT, OR MITIGATE HARMFUL ALGAL BLOOM OUTBREAKS, THE RESPECTIVE
WATERS OF THE STATE IN WHICH SUCH STRATEGIES AND BEST PRACTICES HAVE
BEEN CONDUCTED, AND THE GEOLOCATIONS OF SUCH WATERS;
IV. AVAILABLE SOURCES OF FINANCING FOR ALGAL BLOOM MONITORING, EVALU-
ATION, PREVENTION, AND MITIGATION, INCLUDING FEDERAL, STATE, MUNICIPAL,
AND/OR PRIVATE FUNDING, GRANTS, OR OTHER MONIES; AND
V. INFORMATION ON INSTITUTIONS WITH EXPERTISE IN PEER-REVIEWED GRANT-
MAKING AND RESEARCH IN THE AREA OF WATER QUALITY AND/OR HARMFUL ALGAL
BLOOMS, INCLUDING BUT NOT LIMITED TO THE NEW YORK SEA GRANT AT STONY
BROOK UNIVERSITY, THE NEW YORK WATER RESOURCE INSTITUTE AT CORNELL
UNIVERSITY, THE CENTER OF EXCELLENCE IN HEALTHY WATER SOLUTIONS, THE
BUREAU OF WATER SUPPLY PROTECTION, THE NEW YORK CITY DEPARTMENT OF ENVI-
RONMENTAL PROTECTION, THE DEPARTMENT OF AGRICULTURE AND MARKETS, COMMU-
NITY-BASED NONPROFIT ORGANIZATIONS WITH MISSIONS THAT SPECIFICALLY
INVOLVE MONITORING, EVALUATING, MITIGATING, OR PREVENTING HARMFUL ALGAL
BLOOMS, AND ANY OTHER INSTITUTION OR ORGANIZATION PROVIDING DATA
COMPILED PURSUANT TO THIS SECTION, AND THE CONTACT INFORMATION, RELEVANT
RESEARCH PROGRAMS, CLINICS, LABS, STAFF, AND PUBLISHED RESEARCH OF SUCH
INSTITUTIONS.
4. RULES AND REGULATIONS. THE COMMISSIONER SHALL, IN A MANNER WHICH IS
COORDINATED WITH AND SUPPORTS EFFORTS BY FEDERAL, STATE, MUNICIPAL, AND
NON-GOVERNMENTAL ORGANIZATIONS, PROMULGATE RULES AND REGULATIONS TO:
A. LIMIT AND ELIMINATE THE CAUSES OF HARMFUL ALGAL BLOOM OUTBREAKS;
AND
B. MONITOR AND MITIGATE HARMFUL ALGAL BLOOM OUTBREAKS.
5. PROGRAM DEVELOPMENT. THE COMMISSIONER SHALL ESTABLISH AND SUPPORT
NEW AND EXISTING PROGRAMS AND ORGANIZATIONS RELEVANT TO THE HEALTH OF
WATERS OF THE STATE THAT HAVE NOT IMPLEMENTED STRATEGIES TO MONITOR,
EVALUATE, PREVENT, OR MITIGATE HARMFUL ALGAL BLOOM OUTBREAKS.
6. HARMFUL ALGAL BLOOM GRANT PROGRAM. IN ADDITION TO THE FINANCING TO
BE IDENTIFIED PURSUANT TO SUBPARAGRAPH IV OF PARAGRAPH B OF SUBDIVISION
THREE OF THIS SECTION:
A. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF AGRICUL-
TURE AND MARKETS, THE COMMISSIONER OF HEALTH, AND THE PRESIDENT OF THE
EMPIRE STATE DEVELOPMENT CORPORATION, SHALL ESTABLISH A HARMFUL ALGAL
BLOOM GRANT PROGRAM WHICH SHALL PROVIDE FUNDING TO MUNICIPALITIES,
INTERMUNICIPAL ORGANIZATIONS, COMMUNITY-BASED NONPROFITS, OR ACADEMIC
INSTITUTIONS FOR THE DEPLOYMENT OF HARMFUL ALGAL BLOOM MONITORING, EVAL-
UATION, PREVENTION, AND MITIGATION STRATEGIES AND BEST PRACTICES.
B. THE PROGRAM SHALL REQUIRE THAT APPLICANTS FOR THE HARMFUL ALGAL
BLOOM GRANT PROGRAM CONDUCT AND SUBMIT A STUDY, AS PART OF THEIR APPLI-
CATION, ASSESSING THE MOST APPROPRIATE MITIGATION AND PREVENTION STRATE-
GIES FOR RELEVANT WATERS OF THE STATE AND BEST PRACTICES THEREFOR, AS
INFORMED BY THE HARMFUL ALGAL BLOOM DATABASE CREATED PURSUANT TO SUBDI-
VISION THREE OF THIS SECTION.
C. IN DETERMINING WHICH APPLICANTS SHALL BE AWARDED GRANTS PURSUANT TO
THIS SUBDIVISION, FIRST PREFERENCE SHALL BE GIVEN TO APPLICANTS WHO
PROPOSE STRATEGIES THAT INCORPORATE PRINCIPLES OF LEAST HARM AND GREAT-
EST SAFETY TO APPLICATORS, THE PUBLIC, AND THE ENVIRONMENT, AND UTILIZE
PASSIVE OR NON-CHEMICAL PHYSICAL CONTROLS, INCLUDING BUT NOT LIMITED TO:
I. AERATION;
II. HYDROLOGICAL MANIPULATIONS;
III. MECHANICAL MIXING;
IV. RESERVOIR DRAWDOWN OR DESICCATION;
S. 8308--B 136
V. SURFACE SKIMMING;
VI. ULTRASOUND; OR
VII. OTHER EMERGING TECHNOLOGIES, AS APPROVED BY THE DEPARTMENT.
D. IN DETERMINING WHICH APPLICANTS SHALL BE AWARDED GRANTS PURSUANT TO
THIS SUBDIVISION, SECOND PREFERENCE SHALL BE GIVEN TO APPLICANTS WHO
DEMONSTRATE EXPERTISE WITH PREVIOUS EXPERIENCE TREATING WATER BODIES IN
THE UNITED STATES LARGER THAN ONE THOUSAND ACRES, WITH PROVEN SUCCESS
USING ACCEPTED STRATEGIES, INCLUDING BUT NOT LIMITED TO STRATEGIES THAT:
I. ARE AIMED AT REDUCING CYANOTOXINS IN THE WATER TO LESS THAN HARMFUL
LEVELS;
II. EMPLOY READY-TO-USE TECHNOLOGY THAT IS MEANS TESTED, REPRODUCIBLE,
AND GENERALIZABLE, WITHOUT LIMITATION OF SIZE OR SHAPE OF THE WATER
BODY;
III. EMPLOY TECHNOLOGY WHICH ALLOWS FOR APPLICATION UNDER EMERGENCY
SITUATIONS AND WITHIN LESS THAN NINETY-SIX HOURS FROM APPROVAL;
IV. UTILIZE PRODUCTS THAT ARE MODULAR AND CAN BE USED AS A PREVENTA-
TIVE MEASURE;
V. UTILIZE PRODUCTS THAT ARE QUICK AND EASY TO APPLY AND ARE GENERALLY
RECOGNIZED AS SAFE TO THE APPLICATOR, PUBLIC, AND ENVIRONMENT;
VI. UTILIZE PRODUCTS THAT FLOAT ON THE SURFACE OF THE WATER AND DO NOT
SINK IMMEDIATELY TO THE BOTTOM OF THE WATER COLUMN;
VII. UTILIZE PRODUCTS THAT ARE DISTRIBUTED AUTONOMOUSLY ACROSS THE
WATER BODY AFTER A LOCALIZED APPLICATION;
VIII. UTILIZE PRODUCTS WITH A TIME-RELEASE MECHANISM THAT APPLIES
CONSTANT AND PROLONGED OXIDATIVE STRESS OF THE CYANOBACTERIA TRIGGERED
BY THE PROGRAMMED CELL DEATH SIGNALING CASCADE, RESULTING IN THEIR
COLLAPSE; AND
IX. UTILIZE PRODUCTS MANUFACTURED IN THE UNITED STATES.
E. THE COMMISSIONER SHALL MAKE MONIES AVAILABLE FROM THE HARMFUL ALGAL
BLOOM MONITORING AND PREVENTION FUND, AS ESTABLISHED PURSUANT TO SECTION
NINETY-NINE-RR OF THE STATE FINANCE LAW, WITHIN AMOUNTS APPROPRIATED
THEREFOR, PURSUANT TO THIS SECTION.
§ 4. The state finance law is amended by adding a new section 99-rr to
read as follows:
§ 99-RR. HARMFUL ALGAL BLOOM MONITORING AND PREVENTION FUND. 1. THERE
IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"HARMFUL ALGAL BLOOM MONITORING AND PREVENTION FUND".
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE COMPTROLLER
AND ALL OTHER MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM
THE GENERAL FUND OR ANY OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING
CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS,
GIFTS, OR BEQUESTS FOR THE PURPOSES OF SUCH FUND AND DEPOSITING THEM
INTO SUCH FUND ACCORDING TO LAW.
3. MONEYS SHALL BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF
ENVIRONMENTAL CONSERVATION OR HIS OR HER DESIGNEE.
4. MONEYS OF THE FUND SHALL BE AVAILABLE TO THE COMMISSIONER OF ENVI-
RONMENTAL CONSERVATION FOR THE HARMFUL ALGAL BLOOM MONITORING AND
PREVENTION PROGRAM ESTABLISHED PURSUANT TO SECTION 15-0519 OF THE ENVI-
RONMENTAL CONSERVATION LAW.
§ 5. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.
S. 8308--B 137
PART YY
Section 1. The insurance law is amended by adding a new section 7013
to read as follows:
§ 7013. CAPTIVE INSURANCE PROGRAM FOR COMMUTER VANS, PRE-ARRANGED
FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES. (A) THE SUPERINTENDENT
SHALL UTILIZE AND IMPLEMENT A CAPTIVE INSURANCE PROGRAM FOR COMMUTER
VANS, PRE-ARRANGED FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES THAT ARE
ENGAGED IN THE BUSINESS OF CARRYING OR TRANSPORTING PASSENGERS FOR HIRE.
THE PROGRAM SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
(1) IDENTIFYING AND LICENSING A CAPTIVE INSURANCE COMPANY OR COMPANIES
TO PROVIDE NECESSARY INSURANCE COVERAGE TO COMMUTER VANS, PRE-ARRANGED
FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES;
(2) STANDARDS FOR ENROLLMENT OF ELIGIBLE COMMUTER VANS, PRE-ARRANGED
FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES INCLUDING MECHANISMS FOR
DETERMINING ELIGIBILITY; AND
(3) STANDARDS FOR MONITORING THE PERFORMANCE OF SUCH CAPTIVE INSURANCE
COMPANY OR COMPANIES IN PROVIDING AFFORDABLE INSURANCE COVERAGE TO
COMMUTER VANS, PRE-ARRANGED FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES
PARTICIPATING IN THE PROGRAM PURSUANT TO SUBSECTION (C) OF THIS SECTION.
(B) FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(1) "COMMUTER VAN" SHALL MEAN A COMMUTER VAN SERVICE HAVING A SEATING
CAPACITY OF NINE PASSENGERS BUT NOT MORE THAN TWENTY-FOUR PASSENGERS OR
SUCH GREATER CAPACITY AS THE SUPERINTENDENT MAY ESTABLISH BY RULE AND
CARRYING PASSENGERS FOR HIRE. THE TERM "COMMUTER VAN" SHALL INCLUDE, BUT
NOT BE LIMITED TO, SHUTTLES AND TRANSPORTATION VANS.
(2) "PRE-ARRANGED FOR-HIRE VEHICLE" SHALL MEAN A MOTOR VEHICLE THAT IS
USED IN THE BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION ON A
PRE-ARRANGED BASIS, AND OPERATED IN SUCH BUSINESS UNDER A LICENSE OR
PERMIT ISSUED BY A LICENSING JURISDICTION. SUCH TERM SHALL INCLUDE, BUT
NOT BE LIMITED TO, SMALL SCHOOL BUSES PURSUANT TO SECTION ONE HUNDRED
FORTY-TWO OR SIXTEEN HUNDRED FORTY-TWO-A OF THE VEHICLE AND TRAFFIC LAW.
THE TERM "PRE-ARRANGED FOR-HIRE VEHICLE" SHALL APPLY TO VEHICLES AS
DEFINED IN THIS PARAGRAPH REGARDLESS OF ANY OTHER PROVISION OF LOCAL LAW
OR RULE DEFINING OR DESCRIBING SUCH VEHICLES BY ANY OTHER TERMS SUCH AS
SCHOOL BUS, CHARTER BUS, LIVERY, TAXI, BLACK CAR, OR LUXURY LIMOUSINE.
(3) "ACCESSIBLE VEHICLE" SHALL MEAN A VEHICLE THAT:
(A) COMPLIES WITH THE ACCESSIBILITY REQUIREMENTS OF THE AMERICANS WITH
DISABILITIES ACT OF 1990, AS AMENDED, AND THE REGULATIONS PROMULGATED
THEREUNDER;
(B) IS EQUIPPED WITH A LIFT, RAMP OR ANY OTHER DEVICE, ARRANGEMENT OR
ALTERATION, SO IT IS CAPABLE OF TRANSPORTING INDIVIDUALS WHO USE WHEEL-
CHAIRS, SCOOTERS, OR OTHER MOBILITY AIDS WHILE THEY REMAIN SEATED IN
THEIR WHEELCHAIRS, SCOOTERS, OR OTHER MOBILITY AIDS;
(C) IS EQUIPPED WITH AN ASSISTIVE LISTENING SYSTEM FOR PERSONS WITH
HEARING IMPAIRMENTS THAT IS CONNECTED WITH ANY INTERCOM, VIDEO OR AUDIO
SYSTEM, WHEN SUCH A SYSTEM IS INSTALLED OR DESIGNED AND APPROVED TO
PROVIDE SERVICE TO PERSONS WITH DISABILITIES;
(D) IS EQUIPPED WITH STANDARDIZED SIGNS PRINTED IN: (I) BRAILLE; AND
(II) LARGE-PRINT TEXT SO THAT SUCH SIGNS ARE VISIBLE TO PERSONS WITH LOW
VISION;
(E) PROVIDES SUFFICIENT FLOOR SPACE TO ACCOMMODATE A SERVICE ANIMAL;
(F) IF POWERED BY A HYBRID-ELECTRIC MOTOR, IS EQUIPPED WITH AN APPRO-
PRIATE DEVICE TO ENABLE PERSONS WHO ARE BLIND TO HEAR THE APPROACH OF
S. 8308--B 138
THE VEHICLE AS READILY AS THEY CAN HEAR A CONVENTIONAL GASOLINE-POWERED
VEHICLE;
(G) SHALL INCLUDE, BUT NOT BE LIMITED TO, "AMBULETTE" WHICH SHALL HAVE
THE SAME MEANING SET FORTH IN 17 NYCRR PART 720.8 OR "PARATRANSIT" VEHI-
CLE WHICH MEANS A SPECIAL-PURPOSE VEHICLE, DESIGNED AND EQUIPPED TO
PROVIDE NONEMERGENCY TRANSPORT, THAT HAS WHEELCHAIR-CARRYING CAPACITY,
STRETCHER-CARRYING CAPACITY, OR THE ABILITY TO CARRY DISABLED PERSONS AS
DEFINED IN SECTION FIFTEEN-B OF THE TRANSPORTATION LAW.
(C) INSURANCE COMPANIES SHALL MAINTAIN REQUIREMENTS IN ACCORDANCE WITH
SECTION THREE HUNDRED SEVENTY OF THE VEHICLE AND TRAFFIC LAW. IN ADDI-
TION, ALL NO FAULT INSURANCE RELATED TO COMMUTER VANS, PRE-ARRANGED
FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES INSURED IN THIS PROGRAM WILL
RELY ON THE MEDICAL TREATMENT GUIDELINES PROMULGATED IN EXISTING WORK-
ERS' COMPENSATION LAW.
§ 2. This act shall take effect immediately.
PART ZZ
Section 1. Section 1292 of the tax law, as added by section 18 of part
AAA of chapter 59 of the laws of 2017, is amended to read as follows:
§ 1292. Imposition. (A) There is hereby imposed on every TNC a state
assessment fee of 4% of the gross trip fare of every TNC prearranged
trip provided by such TNC that originates anywhere in the state outside
the city and terminates anywhere in this state.
(B) THERE IS ADDITIONALLY IMPOSED ON EVERY TNC A SUPPLEMENTAL STATE
ASSESSMENT FEE OF ONE DOLLAR ON EVERY TNC PREARRANGED TRIP PROVIDED BY
SUCH TNC THAT ORIGINATES ANYWHERE IN THE STATE OUTSIDE THE METROPOLITAN
COMMUTER TRANSPORTATION DISTRICT ESTABLISHED BY SECTION TWELVE HUNDRED
SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW AND TERMINATES ANYWHERE IN THIS
STATE.
§ 2. Section 1298 of the tax law, as added by section 18 of part AAA
of chapter 59 of the laws of 2017, is amended to read as follows:
§ 1298. Deposit and disposition of revenue. (A) All taxes, fees,
interest and penalties collected or received by the commissioner under
PARAGRAPH (A) OF SECTION TWELVE HUNDRED NINETY-TWO OF this article shall
be deposited and disposed of pursuant to the provisions of section one
hundred seventy-one-a of this chapter.
(B) ALL TAXES, FEES, INTEREST AND PENALTIES COLLECTED OR RECEIVED BY
THE COMMISSIONER UNDER PARAGRAPH (B) OF SECTION TWELVE HUNDRED NINETY-
TWO OF THIS ARTICLE FOR EVERY TNC PREARRANGED TRIP PROVIDED BY SUCH TNC
THAT ORIGINATES ANYWHERE IN THE STATE OUTSIDE THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT AS ESTABLISHED BY SECTION TWELVE HUNDRED SIXTY-
TWO OF THE PUBLIC AUTHORITIES LAW SHALL BE DEPOSITED AND DISPOSED INTO
THE PUBLIC TRANSPORTATION SYSTEMS OPERATING ASSISTANCE ACCOUNT ESTAB-
LISHED BY SECTION EIGHTY-EIGHT-A OF THE STATE FINANCE LAW.
§ 3. Paragraph (a) of subdivision 5 of section 88-a of the state
finance law, as added by chapter 481 of the laws of 1981, is amended to
read as follows:
(a) The "public transportation systems operating assistance account"
shall consist of revenues required to be deposited therein pursuant to
the provisions of section one hundred eighty-two-a of the tax law,
SECTION TWELVE HUNDRED NINETY-TWO OF THE TAX LAW, and all other moneys
credited or transferred thereto from any other fund or source pursuant
to law.
S. 8308--B 139
§ 4. This act shall take effect the first of June next succeeding the
date on which it shall have become a law and shall apply to prearranged
trips provided by TNCs on or after such date.
PART AAA
Section 1. Subdivisions 1 and 2 of section 71-0211 of the environ-
mental conservation law, subdivision 1 as amended by chapter 60 of the
laws of 1993, subdivision 2 as amended by chapter 460 of the laws of
1991, are amended to read as follows:
1. Notwithstanding any other provisions of law to the contrary, all
fines and penalties collected pursuant to title nineteen of this arti-
cle, except amounts required to be paid into the conservation fund
pursuant to subdivision two of section 71-1929 of such title; title
twenty-one of this article; title twenty-seven of this article, except
amounts required to be paid into the hazardous waste remedial fund
pursuant to subdivision two of section 71-2725 of such title; and title
forty-one of this article shall be paid into the [general fund to the
credit of the state purposes account] CONSERVATION FUND TO THE CREDIT OF
THE CONSERVATION ENFORCEMENT ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION
(K) OF SECTION EIGHTY-THREE OF THE STATE FINANCE LAW.
2. Unless otherwise provided in this chapter, not later than the tenth
day of each month, all fines, penalties and forfeitures collected for
violations of this chapter or rules, regulations, local laws or ordi-
nances adopted thereunder under judgment of any town or village court,
shall be paid over by such court to the comptroller of the state, with a
statement accompanying the same, setting forth the action or proceeding
in which such moneys were collected, the name and residence of the
defendant, the nature of the offense, and the fines and penalty imposed.
The comptroller shall pay these funds into the [general fund of the
state] CONSERVATION FUND TO THE CREDIT OF THE CONSERVATION ENFORCEMENT
ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION (K) OF SECTION EIGHTY-THREE
OF THE STATE FINANCE LAW.
§ 2. Section 83 of the state finance law is amended by adding a new
subdivision (k) to read as follows:
(K) ALL MONEYS, REVENUE, AND INTEREST THEREON RECEIVED AND COLLECTED
PURSUANT TO TITLES NINETEEN, TWENTY-ONE AND TWENTY-SEVEN OF ARTICLE
SEVENTY-ONE OF THE ENVIRONMENTAL CONSERVATION LAW, AND PURSUANT TO
SECTION 71-0211 OF THE ENVIRONMENTAL CONSERVATION LAW, OTHER THAN THOSE
AMOUNTS PRESCRIBED BY LAW TO BE DIRECTED INTO OTHER FUNDS, SHALL BE
DEPOSITED IN A SPECIAL ACCOUNT WITHIN THE CONSERVATION FUND TO BE KNOWN
AS THE CONSERVATION ENFORCEMENT ACCOUNT. ALL OF SUCH MONEYS, REVENUES
AND INTEREST SHALL BE AVAILABLE TO THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, PURSUANT TO APPROPRIATION, EXCLUSIVELY FOR FUNDING THE
ENFORCEMENT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING FUNDING FOR
SCIENTISTS, ENVIRONMENTAL LAW ENFORCEMENT OFFICERS, ATTORNEYS, ADMINIS-
TRATIVE SUPPORT, AND SUCH OTHER EXPENSES THE COMMISSIONER DEEMS NECES-
SARY FOR SUCH ENFORCEMENT. SUCH MONEY SHALL BE USED TO SUPPLEMENT AND
NOT SUPPLANT FUNDING FOR THE ENFORCEMENT OF THE ENVIRONMENTAL CONSERVA-
TION LAW AS OF THE EFFECTIVE DATE OF THIS SUBDIVISION.
§ 3. Subdivision 1 of section 71-0213 of the environmental conserva-
tion law, as added by section 1 of part DDD of chapter 59 of the laws of
2009, is amended to read as follows:
1. Whenever proceedings result in a conviction for an offense under
this chapter there shall be levied, in addition to any sentence required
or permitted by law, the following mandatory surcharges: (a) in the
S. 8308--B 140
amount of twenty-five dollars for violations of sportfishing regulations
set forth in 6 NYCRR 10; (b) in the amount of [seventy-five dollars] ONE
HUNDRED TWELVE DOLLARS AND FIFTY CENTS for all other offenses under this
chapter provided, however, that convictions for offenses under articles
seventeen, nineteen or twenty-seven of this chapter shall be subject to
a mandatory surcharge equal to the greater of [seventy-five dollars] ONE
HUNDRED TWELVE DOLLARS AND FIFTY CENTS or [six] NINE percent of any
penalty or fine imposed. The mandatory surcharge shall be paid to the
clerk of the court who shall remit such mandatory surcharge to the state
comptroller provided, however, that in cases where the conviction was
rendered by a town or a village justice court, the clerk of such court
shall pay twenty-five dollars of such surcharge to the chief fiscal
officer of the town or village in the case of surcharges resulting from
paragraph (b) of this subdivision and ten dollars in the case of
surcharges resulting from paragraph (a) of this subdivision and shall
pay the remaining amounts of such mandatory surcharges to the state
comptroller in the same manner as provided in section 71-0211 of this
article. The comptroller shall pay such monies into the state treasury
to the [credit of the general fund] CONSERVATION FUND TO THE CREDIT OF
THE CONSERVATION ENFORCEMENT ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION
(K) OF SECTION EIGHTY-THREE OF THE STATE FINANCE LAW.
§ 4. Section 71-0301 of the environmental conservation law, as amended
by chapter 400 of the law of 1973, is amended to read as follows:
§ 71-0301. Summary abatement.
Notwithstanding any inconsistent provisions of law, whenever the
commissioner finds, after investigation, that any person is causing,
engaging in or maintaining a condition or activity which, in [his] THE
judgment OF THE COMMISSIONER, presents an imminent danger to the health
or welfare of the people of the state or results in or is likely to
result in irreversible or irreparable damage to natural resources, and
relates to the prevention and abatement powers of the commissioner and
it therefore appears to be prejudicial to the interests of the people of
the state to delay action until an opportunity for a hearing can be
provided, the commissioner may, without prior hearing, order such person
by notice, in writing wherever practicable or in such other form as in
the commissioner's judgment will reasonably notify such person whose
practices are intended to be proscribed, to discontinue, abate or alle-
viate such condition or activity, and thereupon such person shall imme-
diately discontinue, abate or alleviate such condition or activity. As
promptly as possible thereafter, not to exceed fifteen days, the commis-
sioner shall provide the person an opportunity to be heard and to pres-
ent proof that such condition or activity does not violate the
provisions of this section. The commissioner shall adopt any other
appropriate rules and regulations prescribing the procedure to be
followed in the issuance of such orders. Any person who violates any of
the provisions of, or who fails to perform any duty imposed by this
section, or any rule, regulation or order promulgated by the commission-
er hereunder, shall be liable to a civil penalty of not more than [twen-
ty-five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY dollars for each
such violation and an additional penalty of not more than [five] SEVEN
hundred FIFTY dollars for each day during which such violation contin-
ues, and, in addition thereto, such person may be enjoined from continu-
ing such violation. Penalties and injunctive relief provided herein
shall be recoverable in an action brought by the attorney general at the
request and in the name of the commissioner.
S. 8308--B 141
§ 5. Subdivisions 3 and 4 of section 71-0507 of the environmental
conservation law, subdivision 3 as amended by chapter 400 of the laws of
1973, are amended to read as follows:
3. Moneys received by a town justice or a village justice in any
action for a penalty brought under the provisions of this chapter listed
in section 71-0501 of titles 5 through 15 inclusive and title 33 or upon
the settlement or compromise thereof, or a fine for a violation of the
provisions of this chapter listed in section 71-0501 and titles 5
through 15 inclusive and title 33 of this article shall be paid to the
State Comptroller as provided in section 27 of the Town Law and section
4-410 of the village law. From the moneys so received, the State Comp-
troller shall pay all lawful fees for services rendered in such actions
when instituted by order of the department or upon information of a
conservation officer, regional and assistant regional conservation offi-
cer, special game protector, district ranger, forest ranger, or member
of the state police. The balance of such moneys arising from penalties
under articles 11 or 13 or title 9 of this article or upon the settle-
ment or compromise thereof or from fines for violations of any of the
provisions of articles 11 or 13 or title 9 of this article after the
payment of lawful fees shall be credited by the Comptroller to the
conservation fund. The Comptroller shall adjust and settle [his] THEIR
account with the conservation fund in the manner provided by section
99-a of the State Finance Law. The balance of all other such moneys
after payment of lawful fees shall be credited by the Comptroller to the
[general fund] CONSERVATION FUND TO THE CREDIT OF THE CONSERVATION
ENFORCEMENT ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION (K) OF SECTION
EIGHTY-THREE OF THE STATE FINANCE LAW.
4. All moneys received by any other person or court in an action for a
penalty brought under the provisions of this chapter listed in section
71-0501 and titles 5 through 15 inclusive and title 33 of this article
or upon the settlement or compromise thereof, or a fine for a violation
of the provisions of this chapter listed in section 71-0501 and titles 5
through 15 inclusive and title 33 of this article, shall be paid by such
person or court to the department within thirty days after receipt ther-
eof. The department shall pay the expenses of collection and the lawful
fees of magistrates and constables for services performed in criminal
actions brought upon information of a conservation officer, regional and
assistant regional conservation officer, special game protector,
district ranger, forest ranger, or member of the state police. Such
moneys derived from fines or penalties for violations of articles 11 or
13 or title 9 of this article or from the settlement or compromise ther-
eof shall be paid by the department to the Commissioner of Taxation and
Finance and credited to the conservation fund. All other moneys so
received by the department shall be paid to the Commissioner of Taxation
and Finance and credited to the [general fund] CONSERVATION FUND TO THE
CREDIT OF THE CONSERVATION ENFORCEMENT ACCOUNT ESTABLISHED PURSUANT TO
SUBDIVISION (K) OF SECTION EIGHTY-THREE OF THE STATE FINANCE LAW.
§ 6. Subdivisions 1, 2, 6, 9 and 10 of section 71-0703 of the environ-
mental conservation law, subdivisions 1, 2 and 6 as amended by chapter
602 of the laws of 2003, subdivision 9 as added by chapter 267 of the
laws of 2012 and subdivision 10 as added by chapter 330 of the laws of
2014, are amended to read as follows:
1. Except as otherwise provided in subdivision 4, 5, 6 or 7 of this
section, any person who violates any provision of article 9 or the
rules, regulations or orders promulgated pursuant thereto or the terms
of any permit issued thereunder, or who fails to perform any duty
S. 8308--B 142
imposed by any provision thereof shall be guilty of a violation, and,
upon conviction, shall be punished by a fine of not more than [two
hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars, or by imprisonment
for not more than fifteen days, or by both such fine and imprisonment,
and in addition thereto shall be liable to a civil penalty of not less
than ten nor more than one hundred FIFTY dollars.
2. The violation of any of the provisions of the following sections
shall subject the person guilty thereof to the following civil penalties
in addition to the liability prescribed in subdivision 1 of this
section:
a. Section 9-1113 of this chapter, [two] THREE dollars per tree;
b. Subdivision 3 of section 9-1105 of this chapter, [twenty-five]
THIRTY-SEVEN dollars AND FIFTY CENTS per day;
c. Subdivision 4 of section 9-1105 of this chapter, and subdivision 1
of section 9-1117 of this chapter, [ten] FIFTEEN dollars per mile per
day;
d. Section 9-1115 of this chapter, [ten] FIFTEEN dollars per mile;
e. Subdivision 2 of section 9-1117 of this chapter, one hundred FIFTY
dollars per each offense; and
f. Section 9-1119 of this chapter, one hundred FIFTY dollars per day
per locomotive.
With respect to the penalty for violation of subdivision 4 of section
9-1105 of this chapter, the owner and every person engaged in such
cutting shall be liable therefor; however, the liability for penalty
shall not arise until the expiration of twenty days after service,
personally or by mail upon the alleged violator at [his] THEIR last
known place of residence of a written notice of failure to comply with
the requirements of subdivision 4 of section 9-1105 of this chapter.
6. (a) In addition to any other penalty provided by law, any person
who violates subdivision 1 of section 9-0303 of this chapter shall be
liable to a civil penalty of [two hundred fifty] THREE HUNDRED SEVENTY-
FIVE dollars per tree or treble damages, based on the stumpage value of
such tree or both. Where the order or decision finds that the defendant
established by clear and convincing evidence, that when such defendant
committed the violation, [he or she] THEY had cause to believe that the
land was [his or her] THEIR own, or that [he or she] SUCH DEFENDANT had
an easement or right of way across such land which permitted such
action, damages shall be awarded on the basis of the stumpage value of
such tree or trees in the market as if they were privately owned.
Notwithstanding the foregoing, this section shall not be construed to
authorize the cutting of timber or removal of trees where such action
would otherwise be violative of any provision of the state constitution
or law.
(b) In addition to any other penalty provided by law, a person who
violates section 9-1501 of this chapter shall be liable for a civil
penalty of [two hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars per
tree or treble damages or both, based on the stumpage value of such tree
or trees. Where the order or decision finds that the defendant estab-
lished by clear and convincing evidence, that when such defendant
committed the violation, [he or she] THEY had cause to believe that the
land was [his or her] THEIR own or that [he or she] SUCH DEFENDANT had
an easement or right of way across such land which permitted such
action, damages shall be awarded on the basis of the stumpage value of
such tree or trees. Notwithstanding the foregoing, this section shall
not be construed to authorize the cutting of timber or removal of trees
S. 8308--B 143
where such action would otherwise be violative of any provision of the
state constitution or law.
(c) For purposes of this subdivision, "stumpage value" shall mean the
current fair market value of a tree as it stands prior to the time of
sale, cutting, or removal. Stumpage value shall be determined by one or
more of the following methods: the sale price of the tree in an arm's-
length sale, a review of solicited bids, the stumpage price report
prepared by the department of environmental conservation, comparison
with like sales on trees on state or private lands, or other appropriate
means to assure that a fair market value is established within an
acceptable range based on the appropriate geographic area.
9. a. Any person who transports, sells, imports or introduces invasive
species, in violation of the regulations promulgated pursuant to section
9-1709 of this chapter shall be subject to the following:
For any first violation in lieu of a penalty there may be issued a
written warning by the department and there may also be issued education
materials at the discretion of the department regarding requirements
related to invasive species. Such person shall, however, for any subse-
quent violation thereafter be subject to a fine of no less than [two
hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars.
b. Any nursery grower licensed pursuant to article fourteen of the
agriculture and markets law, any person who owns or operates a public
vessel as such term is defined in paragraph (a) of subdivision six of
section two of the navigation law, or any person who owns or operates a
commercial fishing vessel who transports, sells, imports or introduces
invasive species in violation of the regulations promulgated pursuant to
section 9-1709 of this chapter, shall be subject to a fine of not less
than [six] NINE hundred dollars upon the first penalty. Upon the second
penalty such person shall be subject to a fine of not less than [two]
THREE thousand dollars. Upon a subsequent penalty and after a hearing or
opportunity to be heard upon due notice the following penalties may
apply: (i) such nursery grower may be subject to the revocation proce-
dures of section one hundred sixty-three-c of the agriculture and
markets law (ii) such person's vessel registration may be suspended or
(iii) such person's fishing permit may be revoked by the department.
10. Any person who violates section 9-1710 of this chapter shall be
guilty of a violation and shall be punishable and liable to a civil
penalty as provided in subdivision one of this section, provided, howev-
er, that for any first violation in lieu of a penalty there shall be
issued a written warning by the department and there shall also be
issued education materials at the discretion of the department regarding
requirements related to invasive species. Such person shall be subject
to a fine of up to [one hundred fifty] TWO HUNDRED SEVENTY-FIVE dollars
for a second offense, up to [two hundred fifty] THREE HUNDRED SEVENTY-
FIVE dollars for a third offense, and no less than [two hundred fifty]
THREE HUNDRED SEVENTY-FIVE dollars nor more than [one thousand] FIVE
HUNDRED dollars for a fourth or subsequent offense.
§ 7. Section 71-0707 of the environmental conservation law is amended
to read as follows:
§ 71-0707. Resisting or obstructing departmental agent or employee.
Any person who resists or obstructs an authorized agent or employee of
the department while [he] SUCH AGENT OR EMPLOYEE is engaged in carrying
out any provision of section 9-0305 shall be guilty of a violation which
shall be punishable by a fine not exceeding one hundred FIFTY dollars
and by an additional fine [of] not exceeding [twenty-five] THIRTY-SEVEN
S. 8308--B 144
dollars AND FIFTY CENTS for each additional day of such resistance or
obstruction.
§ 8. Section 71-0709 of the environmental conservation law, as amended
by chapter 640 of the laws of 1977, is amended to read as follows:
§ 71-0709. Injury to state lands.
Any person who intentionally or negligently causes a fire which burns
on or over state lands shall be liable to the state for treble damages
and, in addition, to a civil penalty of [ten] FIFTEEN dollars for every
tree killed or destroyed by such fire. Damages to state lands and timber
shall be ascertained and determined at the same rate of value as if such
property were privately owned.
§ 9. Section 71-0711 of the environmental conservation law, as amended
by chapter 640 of the laws of 1977, is amended to read as follows:
§ 71-0711. Injury to municipal or private lands.
Any person who causes a fire which burns on or over lands belonging to
another person or to a municipality shall be liable to the party injured
(a) for actual damages in case of fire negligently caused or (b) for the
higher of actual damages or damages at the rate of [five] SEVEN dollars
AND FIFTY CENTS for each tree killed or destroyed in case of fire
wilfully caused.
§ 10. Section 71-1105 of the environmental conservation law, as
amended by chapter 99 of the laws of 2010, is amended to read as
follows:
§ 71-1105. Enforcement of subdivision 4 of section 15-0313.
Any violation of subdivision 4 of section 15-0313 shall be a
violation, punishable by a fine of not more than [one thousand eight]
TWO THOUSAND SEVEN hundred dollars, and in addition thereto, by a civil
penalty of not more than [one thousand eight] TWO THOUSAND SEVEN hundred
dollars.
§ 11. Section 71-1107 of the environmental conservation law, as
amended by chapter 640 of the laws of 1977, is amended to read as
follows:
§ 71-1107. Punishment for violations of title 5 of article 15.
1. A violation of section 15-0501, 15-0503 or 15-0505, shall consti-
tute a misdemeanor, punishable by a fine of not to exceed [ten] FIFTEEN
thousand dollars, or by imprisonment not to exceed one year or by both
such fine and imprisonment and, in addition thereto, by a civil penalty
of not more than [five thousand] SEVEN THOUSAND FIVE HUNDRED dollars.
2. A subcontractor, employee or agent of such person or public corpo-
ration, or of a state department who knowingly and intentionally acts,
or a prime contractor of such person, public corporation or state
department who acts with or without an intention to violate the
provisions of title 5 of article 15, in disregard of specifications
provided in a construction contract protecting against stream damage,
shall be guilty of a violation punishable by a fine of not less than
[twenty-five] THIRTY-SEVEN dollars AND FIFTY CENTS, nor more than [two
hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars, or by imprisonment
for not more than fifteen days, or by both such fine and imprisonment,
and, in addition, thereto, by a civil penalty of not more than [five
thousand] SEVEN THOUSAND FIVE HUNDRED dollars.
§ 12. Section 71-1109 of the environmental conservation law, as
amended by chapter 364 of the laws of 1999, is amended to read as
follows:
§ 71-1109. Enforcement of subdivisions 1 and 4 of section 15-0507.
1. Any owner violating subdivision 1 of section 15-0507 or any regu-
lations promulgated pursuant thereto may be liable for a penalty not to
S. 8308--B 145
exceed [five] SEVEN hundred FIFTY dollars for each and every offense;
every violation of such subdivision shall be a separate and distinct
offense; and in case of a continuing violation, every day's continuance
thereof shall be deemed a separate and distinct offense.
2. Any owner violating subdivision 4 of section 15-0507 may be liable
for a penalty not to exceed [five thousand] SEVEN THOUSAND FIVE HUNDRED
dollars for each and every offense; every violation of an order referred
to in such subdivision shall be a separate and distinct offense; and in
case of a continuing violation, every day's continuance thereof shall be
deemed a separate and distinct offense.
§ 13. Section 71-1111 of the environmental conservation law, as
amended by chapter 364 of the laws of 1999, is amended to read as
follows:
§ 71-1111. Enforcement of subdivision 3 of section 15-0511.
Any person or local public corporation violating subdivision 3 of
section 15-0511 may be liable for a penalty not to exceed [five thou-
sand] SEVEN THOUSAND FIVE HUNDRED dollars for each and every offense;
every violation of an order referred to in such subdivision shall be a
separate and distinct offense; and in case of a continuing violation,
every day's continuance thereof shall be deemed a separate and distinct
offense.
§ 14. Subdivision 2 of section 71-1113 of the environmental conserva-
tion law, as added by chapter 356 of the laws of 1985, is amended to
read as follows:
2. Any person who violates the provisions of section 15-1506 of this
chapter or the rules, regulations, orders or determinations of the
commissioner promulgated thereto or the terms of any permit issued ther-
eunder, shall be liable for a civil penalty not less than [twenty-five]
THREE THOUSAND SEVEN hundred FIFTY dollars nor more than [ten] FIFTEEN
thousand dollars per day of such violation.
§ 15. Section 71-1115 of the environmental conservation law, as
amended by chapter 640 of the laws of 1977, is amended to read as
follows:
§ 71-1115. Enforcement of section 15-1525.
Any person violating the provisions of section 15-1525 shall be guilty
of a violation punishable by a fine of not more than one thousand FIVE
HUNDRED dollars, and in addition thereto, shall be liable for a civil
penalty of not more than [fifteen hundred] TWO THOUSAND TWO HUNDRED
FIFTY dollars.
§ 16. Subdivisions 1 and 2 of section 71-1117 of the environmental
conservation law, as amended by chapter 640 of the laws of 1977, are
amended to read as follows:
1. Any person or public corporation violating subdivision 1 of section
15-1745, shall be guilty of a violation punishable by a fine of not more
than [five thousand] SEVEN THOUSAND FIVE HUNDRED dollars.
2. In addition, the department may, in an action instituted by it in
any court of competent jurisdiction, recover from any such person or
public corporation the sum of [one hundred fifty] TWO HUNDRED TWENTY-
FIVE dollars per day for each day that such person or public corporation
continues to take, draw, divert or make use of any part or portion of
such waters.
§ 17. Section 71-1121 of the environmental conservation law, as
amended by chapter 640 of the laws of 1977, is amended to read as
follows:
§ 71-1121. Enforcement of subdivision 2 of section 15-1947.
S. 8308--B 146
Violation of subdivision 2 of section 15-1947 shall constitute a
violation, punishable by a fine of not more than one thousand FIVE
HUNDRED dollars, and in addition thereto, a civil penalty of not more
than [fifteen hundred] TWO THOUSAND TWO HUNDRED FIFTY dollars.
§ 18. Section 71-1123 of the environmental conservation law, as
amended by chapter 640 of the laws of 1977, is amended to read as
follows:
§ 71-1123. Enforcement of section 15-2133.
1. Any neglect of the provisions of section 15-2133 by any officer or
person in charge of any reservoir shall be a violation punishable by a
fine of not more than one thousand FIVE HUNDRED dollars, and in addition
thereto, by a civil penalty of not more than [fifteen hundred] TWO THOU-
SAND TWO HUNDRED FIFTY dollars.
2. Any person violating the provisions of subdivision 3 of section
15-2133 shall be guilty of a violation punishable by a fine of not more
than one thousand FIVE HUNDRED dollars, and in addition thereto, shall
be liable for a civil penalty of not more than [fifteen hundred] TWO
THOUSAND TWO HUNDRED FIFTY dollars.
§ 19. Section 71-1125 of the environmental conservation law, as
amended by chapter 640 of the laws of 1977, is amended to read as
follows:
§ 71-1125. Enforcement of section 15-2315.
Any person who violates the provisions of the first sentence of
section 15-2315 shall be guilty of a violation punishable by a fine of
not more than one thousand FIVE HUNDRED dollars, and in addition there-
to, shall be liable for a civil penalty of not more than [fifteen
hundred] TWO THOUSAND TWO HUNDRED FIFTY dollars.
§ 20. Subdivision 1 of section 71-1127 of the environmental conserva-
tion law, as amended by chapter 401 of the laws of 2011, is amended to
read as follows:
1. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by article 15 except section 15-1713, or who
violates or who fails to comply with any rule, regulation, determination
or order of the department heretofore or hereafter promulgated pursuant
to article 15 except section 15-1713, or any condition of a permit
issued pursuant to article 15 of this chapter, or any determination or
order of the former water resources commission or the department hereto-
fore promulgated pursuant to former article 5 of the Conservation Law,
shall be liable for a civil penalty of not more than [two thousand five]
THREE THOUSAND SEVEN hundred FIFTY dollars for such violation and an
additional civil penalty of not more than [five] SEVEN hundred FIFTY
dollars for each day during which such violation continues, and, in
addition thereto, such person may be enjoined from continuing such
violation as otherwise provided in article 15 except section 15-1713.
§ 21. Section 71-1131 of the environmental conservation law, as added
by chapter 640 of the laws of 1977, is amended to read as follows:
§ 71-1131. Violations; criminal liability.
Except as otherwise specifically provided, any person who violates any
of the provisions of article 15 of this chapter, or any rule, regulation
or order promulgated pursuant thereto, or the terms of any permit issued
thereunder shall be guilty of a violation punishable by a fine of not
more than [five] SEVEN hundred FIFTY dollars.
§ 22. Section 71-1203 of the environmental conservation law, as added
by chapter 384 of the laws of 1983, is amended to read as follows:
§ 71-1203. Penalties.
S. 8308--B 147
Any person who violates the provisions of article twenty-two of this
chapter shall be subject to a civil penalty not to exceed [ten] FIFTEEN
thousand dollars for each day during which such violation occurred;
provided, however, that the total penalty to be imposed shall not exceed
one million FIVE HUNDRED THOUSAND dollars.
§ 23. Subdivisions 1 and 3 of section 71-1307 of the environmental
conservation law, as amended by chapter 99 of the laws of 2010, are
amended to read as follows:
1. Administrative sanctions. Any person who violates any provision of
article 23 of this chapter or commits any offense described in section
71-1305 of this title shall be liable to the people of the state for a
civil penalty not to exceed [eight] TWELVE thousand dollars and an addi-
tional penalty of [two] THREE thousand dollars for each day during which
such violation continues, to be assessed by the commissioner after a
hearing or opportunity to be heard. The commissioner, acting by the
attorney general, may bring suit for collection of such assessed civil
penalty in any court of competent jurisdiction. Such civil penalty may
be released or compromised by the commissioner before the matter has
been referred to the attorney general; and where such matter has been
referred to the attorney general, any such penalty may be released or
compromised and any action commenced to recover the same may be settled
and discontinued by the attorney general with the consent of the commis-
sioner. In addition, the commissioner shall have the power, following a
hearing conducted pursuant to rules and regulations adopted by the
department, to direct the violator to cease the violation and reclaim
and repair the affected site to a condition acceptable to the commis-
sioner, to the extent possible within a reasonable time and under the
direction and supervision of the commissioner. Any such order of the
commissioner shall be enforceable in any action brought by the commis-
sioner in any court of competent jurisdiction. Any civil penalty or
order issued by the commissioner under this subdivision shall be review-
able in a proceeding under article seventy-eight of the civil practice
law and rules.
3. Criminal sanctions. Any person who, having any of the culpable
mental states defined in sections 15.05 and 20.20 of the penal law,
violates any provision of article 23 of this chapter or commits any
offense described in section 71-1305 of this title shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine
not to exceed one thousand dollars for each day during which such
violation continues or by imprisonment for a term of not more than one
year, or by both such fine and imprisonment. If the conviction is for a
subsequent offense committed after a first conviction of such person
under this subdivision, punishment shall be by a fine not to exceed
[eight] TWELVE thousand dollars for each day during which such violation
continues or by imprisonment for a term of not more than one year, or by
both such fine and imprisonment.
§ 24. Subdivision 1 of section 71-1707 of the environmental conserva-
tion law is amended to read as follows:
1. Any person who violates, disobeys or disregards any term or
provision of this chapter listed in section 71-1701, or of titles 17
through 21 inclusive of this article or of any lawful notice, order or
regulation pursuant thereto for which a civil penalty is not otherwise
expressly prescribed by law, shall be liable to the people of the state
for a civil penalty of not to exceed one thousand FIVE HUNDRED dollars
for every such violation.
S. 8308--B 148
§ 25. Section 71-1711 of the environmental conservation law is amended
to read as follows:
§ 71-1711. Willful violation of health laws.
1. A person who willfully violates or refuses or omits to comply with
any lawful order or regulation prescribed by any local board of health
or local health officer, is guilty of a misdemeanor; except, however,
that where such order or regulation applies to a tenant with respect to
[his] SUCH TENANT'S own dwelling unit or to an owner occupied one or two
family dwelling, such person is guilty of an offense for the first
violation punishable by a fine not to exceed [fifty] SEVENTY-FIVE
dollars and for a second or subsequent violation is guilty of a misde-
meanor punishable by a fine not to exceed [five] SEVEN hundred FIFTY
dollars or by imprisonment not to exceed six months or by both such fine
and imprisonment.
2. A person who willfully violates any provision of this chapter list-
ed in section 71-1701, or of titles 17 through 21 inclusive of this
article, or any regulation lawfully made or established by any public
officer or board under authority of such provisions, the punishment for
violating which is not otherwise prescribed by such provisions or any
other law, is punishable by imprisonment not exceeding one year, or by a
fine not exceeding [two] THREE thousand dollars or by both.
§ 26. Section 71-1725 of the environmental conservation law, as
amended by chapter 400 of the laws of 1973, is amended to read as
follows:
§ 71-1725. Assessment of Penalties.
The commissioner may assess any penalty prescribed for a violation of
or a failure to comply with any provision contained in this title or
listed in section 71-1701, or any lawful notice, order or regulation
prescribed by the commissioner under any such provision, one thousand
FIVE HUNDRED dollars for every such violation or failure, which penalty
may be assessed after a hearing or an opportunity to be heard.
§ 27. Section 71-1905 of the environmental conservation law is amended
to read as follows:
§ 71-1905. Enforcement of section 17-1705.
Any person violating any provision of section 17-1705 shall forfeit to
the county where the violation occurred the sum of [fifty] SEVENTY-FIVE
dollars for every such violation.
§ 28. Subdivision 1 of section 71-1907 of the environmental conserva-
tion law is amended to read as follows:
1. Every person violating any provision of section 17-1707 shall
forfeit to the municipality having a local board of health where the
violation occurs the sum of [twenty-five] THIRTY-SEVEN dollars AND FIFTY
CENTS for the first day when the violation takes place, and the sum of
[ten] FIFTEEN dollars for every subsequent day that such violation is
repeated or continued.
§ 29. Subdivision 2 of section 71-1909 of the environmental conserva-
tion law, as amended by section 35 of part C of chapter 62 of the laws
of 2003, is amended to read as follows:
2. Any person violating any provision of section 17-1709 shall be
guilty of a misdemeanor, and punishable by a fine of not more than
[seven hundred fifty] ONE THOUSAND ONE HUNDRED TWENTY-FIVE dollars or by
imprisonment for not more than one year or by both such fine and impri-
sonment.
§ 30. Section 71-1911 of the environmental conservation law, as
amended by section 36 of part C of chapter 62 of the laws of 2003, is
amended to read as follows:
S. 8308--B 149
§ 71-1911. Enforcement of section 17-1711.
Any person violating any provision of section 17-1711 shall be guilty
of an offense, and punishable by a fine of not more than [seventy-five]
ONE HUNDRED TWELVE dollars AND FIFTY CENTS.
§ 31. Subdivision 2 of section 71-1913 of the environmental conserva-
tion law is amended to read as follows:
2. Any person violating any provision of section 17-1713 shall be
guilty of a misdemeanor, and punishable by a fine of not more than
[five] SEVEN hundred FIFTY dollars or by imprisonment for not more than
one year or by both such fine and imprisonment.
§ 32. Subdivision 1 of section 71-1915 of the environmental conserva-
tion law is amended to read as follows:
1. Any person violating any provision of section 17-1715 shall be
guilty of a misdemeanor, and punishable by a fine of not more than
[five] SEVEN hundred FIFTY dollars or by imprisonment for not more than
one year or by both such fine and imprisonment.
§ 33. Subdivision 1 of section 71-1921 of the environmental conserva-
tion law is amended to read as follows:
1. Any person putting in or constructing or maintaining a conduit,
discharge pipe or other means of discharging or casting any refuse or
waste matter in violation of section 17-1729 shall forfeit to the people
of the state [five] SEVEN dollars AND FIFTY CENTS a day for each day the
same is used or maintained for such purpose, to be collected in an
action brought by the commissioner.
§ 34. Subdivision 1 of section 71-1929 of the environmental conserva-
tion law, as amended by section 37 of part C of chapter 62 of the laws
of 2003, is amended to read as follows:
1. A person who violates any of the provisions of, or who fails to
perform any duty imposed by titles 1 through 11 inclusive and title 19
of article 17, or the rules, regulations, orders or determinations of
the commissioner promulgated thereto or the terms of any permit issued
thereunder, shall be liable to a penalty of not to exceed [thirty-seven
thousand five hundred] FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars per
day for each violation, and, in addition thereto, such person may be
enjoined from continuing such violation as hereinafter provided.
Violation of a permit condition shall constitute grounds for revocation
of such permit, which revocation may be accomplished either as provided
in paragraph f of subdivision 4 of section 17-0303 or by order of judg-
ment of the supreme court as an alternate or additional civil penalty in
an action brought pursuant to subdivision 3 of this section.
§ 35. Subdivision 1 and subparagraphs i, ii, iii and iv of paragraph b
of subdivision 8 of section 71-1933 of the environmental conservation
law, subdivision 1 as amended by section 38 and subparagraphs i, ii, iii
and iv of paragraph b of subdivision 8 as amended by section 39 of part
C of chapter 62 of the laws of 2003, are amended to read as follows:
1. Any person who, having any of the culpable mental states defined in
section 15.05 of the penal law, shall violate any of the provisions of
titles 1 through 5, 9 through 11 and 19 of article 17 or the rules,
regulations, orders or determinations of the commissioner promulgated
thereto, or the terms of any permit issued thereunder, shall be guilty
of a misdemeanor and, upon conviction thereof, shall be punished by a
fine of not less than [three thousand seven hundred fifty] FIVE THOUSAND
SIX HUNDRED TWENTY-FIVE dollars nor more than [thirty-seven thousand
five hundred] FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars per day of
violation or by imprisonment for a term of not more than one year, or by
both such fine and imprisonment. If the conviction is for an offense
S. 8308--B 150
committed after a first conviction of such person under this subdivi-
sion, punishment shall be by a fine of not more than [seventy-five thou-
sand] ONE HUNDRED TWELVE THOUSAND FIVE HUNDRED dollars per day of
violation, or by imprisonment for not more than two years, or by both.
i. [$750,000] $1,125,000 for a class C felony committed by an organ-
ization as defined in section 71-1932 of this title;
ii. [$375,000] $562,500 for a class C felony;
iii. [$75,000] $112,500 per day of continuing violation for a class E
felony defined under subdivision four of this section but in no event
less than [$7,500] $11,250; and [$15,000] $22,500 for a class E felony
defined under subdivision seven of this section;
iv. [$37,500] $56,250 per day of continuing violation for a class A
misdemeanor but in no event less than [$3,750] $5,625.
§ 36. Paragraph b of subdivision 3 of section 71-1939 of the environ-
mental conservation law, as added by chapter 543 of the laws of 2010, is
amended to read as follows:
b. All fines and penalties collected pursuant to this subdivision
shall be paid to the district or county, provided, however, that one-
quarter of such fines and penalties received shall be paid to the
[general fund to the credit of the state purposes account] CONSERVATION
FUND TO THE CREDIT OF THE CONSERVATION ENFORCEMENT ACCOUNT ESTABLISHED
PURSUANT TO SUBDIVISION (K) OF SECTION EIGHTY-THREE OF THE STATE FINANCE
LAW.
§ 37. Subdivision 1 of section 71-1941 of the environmental conserva-
tion law, as amended by section 40 of part C of chapter 62 of the laws
of 2003, is amended to read as follows:
1. Except where the owner of or a person in actual or constructive
possession or control of more than one thousand one hundred gallons, in
bulk, of any liquid including petroleum which, if released, would or
would be likely to pollute the lands or waters of the state including
the groundwaters thereof can prove that the entry or presence of any
part of such liquid onto such lands or into or in such waters causing or
contributing to a condition therein in contravention of the standards
adopted or deemed adopted by the water pollution control board or any of
its legal successors was caused solely by (A) an act of God, (B) an act
of war, (C) negligence on the part of the United States or New York
State Government or (D) an act or omission of a third party without
regard to whether any such act or omission was or was not negligent, or
any combination of the foregoing clauses, such owner or person shall be
liable for a penalty of not more than [three thousand seven hundred
fifty] FIVE THOUSAND SIX HUNDRED TWENTY-FIVE dollars for an initial
incident resulting in or contributing to such a contravention and for an
additional penalty not to exceed [seven hundred fifty] ONE THOUSAND ONE
HUNDRED TWENTY-FIVE dollars for each day during which such contravention
or contribution thereto continues, and in addition shall be liable to
the people of the state of New York for the actual costs incurred by or
on behalf of the people of the state for the removal or neutralization
of such liquid and for any and all reasonable measures taken or
attempted to reduce, limit or diminish the extent or effect of such
contravention.
§ 38. Section 71-1943 of the environmental conservation law, as
amended by section 41 of part C of chapter 62 of the laws of 2003, is
amended to read as follows:
§ 71-1943. Enforcement of section 17-1743.
Any person who fails to so notify the department of such release,
discharge or spill into the waters of the state as described in section
S. 8308--B 151
17-1743 of this chapter shall, upon conviction, be fined not more than
[three thousand seven hundred fifty] FIVE THOUSAND SIX HUNDRED TWENTY-
FIVE dollars or imprisoned for not more than one year, or both.
§ 39. Section 71-1945 of the environmental conservation law, as added
by chapter 205 of the laws of 2010, is amended to read as follows:
§ 71-1945. Enforcement of title 21 of article 17.
1. Except as otherwise provided in this section, any person who
violates any provision of title 21 of article 17 of this chapter or any
rule, regulation or order issued thereunder shall be liable to the
people of the state for a civil penalty not to exceed [five] SEVEN
hundred FIFTY dollars for a first violation, and not to exceed one thou-
sand FIVE HUNDRED dollars for each subsequent violation, to be assessed
by the commissioner after a hearing or opportunity to be heard.
2. Any owner or owner's agent, or occupant of a household who violates
any provision of title 21 of article 17 of this chapter or any rule,
regulation or order issued thereunder shall, for a first violation be
issued a written warning and be provided educational materials. Upon a
second violation, the owner or owner's agent, or occupant of a household
shall be liable to the people of the state for a civil penalty not to
exceed one hundred FIFTY dollars, and for any subsequent violations
shall be liable to the people of the state for a civil penalty not to
exceed [two hundred fifty] THREE HUNDRED TWENTY-FIVE dollars. No owner
or owner's agent of a household shall be held liable for any violation
by an occupant. Such penalties may be assessed by the commissioner after
a hearing or opportunity to be heard.
§ 40. Subdivision 1 of section 71-2103 of the environmental conserva-
tion law, as amended by chapter 99 of the laws of 2010, is amended to
read as follows:
1. Except as provided in section 71-2113, any person who violates any
provision of article nineteen or any code, rule or regulation which was
promulgated pursuant thereto; or any order except an order directing
such person to pay a penalty by a specified date issued by the commis-
sioner pursuant thereto, shall be liable, in the case of a first
violation, for a penalty not less than [five] SEVEN hundred FIFTY
dollars nor more than [eighteen] TWENTY-SEVEN thousand dollars for said
violation and an additional penalty of not to exceed [fifteen thousand]
TWENTY THOUSAND FIVE HUNDRED dollars for each day during which such
violation continues. In the case of a second or any further violation,
the liability shall be for a penalty not to exceed [twenty-six] THIRTY-
NINE thousand dollars for said violation and an additional penalty not
to exceed [twenty-two thousand five hundred] THIRTY-THREE THOUSAND SEVEN
HUNDRED FIFTY dollars for each day during which such violation contin-
ues. In addition thereto, such person may be enjoined from continuing
such violation as hereinafter provided.
§ 41. Subdivision 1 of section 71-2105 of the environmental conserva-
tion law, as amended by chapter 99 of the laws of 2010, is amended to
read as follows:
1. Except as provided in section 71-2113, any person who shall wilful-
ly violate any of the provisions of article 19 or any code, rule or
regulation promulgated pursuant thereto or any final determination or
order of the commissioner made pursuant to article 19 shall be guilty of
a misdemeanor, and, upon conviction thereof, shall be punished by a
fine, in the case of a first conviction, of not less than [five] SEVEN
hundred FIFTY dollars nor more than [eighteen] TWENTY-SEVEN thousand
dollars or by imprisonment for a term of not more than one year, or by
both such fine and imprisonment, for each separate violation. If the
S. 8308--B 152
conviction is for an offense committed after the first conviction of
such person under this subdivision, such person shall be punished by a
fine not to exceed [twenty-six] THIRTY-NINE thousand dollars, or by
imprisonment, or by both such fine and imprisonment. Each day on which
such violation occurs shall constitute a separate violation.
§ 42. Section 71-2111 of the environmental conservation law, as added
by chapter 400 of the laws of 1973, is amended to read as follows:
§ 71-2111. Enforcement of air pollution emergency rules and regulations.
Any person who violates any of the provisions of any regulation
promulgated by the commissioner under authority of paragraph y of subdi-
vision one of section 3-0301 shall be liable for a civil penalty of not
more than [twenty-five] THREE THOUSAND SEVEN hundred FIFTY dollars for
each such violation and an additional penalty of not more than [five]
SEVEN hundred FIFTY dollars for each day during which such violation
continues, and, in addition thereto, such persons may be enjoined from
continuing such violation. Penalties and injunctive relief provided
herein shall be recoverable in an action brought by the attorney general
at the request and in the name of the commissioner.
§ 43. Section 71-2113 of the environmental conservation law, as added
by chapter 942 of the laws of 1984, subdivision 1 as amended by section
23 and subdivision 2 as amended by section 24 of part C of chapter 62 of
the laws of 2003, is amended to read as follows:
§ 71-2113. Violations of section 19-0304 of article 19 of this chapter.
1. Civil and administrative sanctions. Any person who violates any of
the provisions of, or who fails to perform any duty imposed by section
19-0304 of this chapter, or any rule or regulation promulgated pursuant
thereto, or any term or condition of any certificate or permit issued
pursuant thereto, or any final determination or order of the commission-
er made pursuant to article 19 of this chapter concerning a violation of
section 19-0304 of this chapter shall be liable in the case of a first
violation, for a civil penalty not to exceed [thirty-seven thousand five
hundred] FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars and an additional
penalty of not more than [thirty-seven thousand five hundred] FIFTY-SIX
THOUSAND TWO HUNDRED FIFTY dollars for each day during which such
violation continues, to be assessed by the commissioner after an oppor-
tunity to be heard pursuant to the provisions of section 71-1709 of this
article, or by the court in any action or proceeding pursuant to section
71-2107 of this title, and, in addition thereto, such person may by
similar process be enjoined from continuing such violation and any
permit or certificate issued to such person may be revoked or suspended
or a pending renewal application denied. In the case of a second and any
further violation, the liability shall be for a civil penalty not to
exceed [seventy-five] ONE HUNDRED TWELVE thousand FIVE HUNDRED dollars
for each such violation and an additional penalty not to exceed seven-
ty-five thousand dollars for each day during which such violation
continues.
2. Criminal sanctions. Any person who, having any of the culpable
mental states defined in section 15.05 of the penal law, shall violate
any of the provisions of or who fails to perform any duty imposed by
section 19-0304 of this chapter, or any rules and regulations promulgat-
ed pursuant thereto, or any term or condition of any certificate or
permit issued pursuant thereto, or any final determination or order of
the commissioner made pursuant to article 19 of this chapter concerning
a violation of section 19-0304 of this chapter shall be guilty of a
misdemeanor and, upon conviction thereof, shall for a first conviction
be punished by a fine not to exceed [thirty-seven thousand five hundred]
S. 8308--B 153
FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars per day of violation or by
imprisonment for a term of not more than one year, or both such fine and
imprisonment. If the conviction is for an offense committed after a
first conviction of such person under this subdivision, punishment shall
be by a fine not to exceed [seventy-five] ONE HUNDRED TWELVE thousand
FIVE HUNDRED dollars per day of violation, or by imprisonment for not
more than two years or by both such fine and imprisonment.
§ 44. Section 71-2201 of the environmental conservation law, as added
by chapter 740 of the laws of 1978, the opening paragraph and subdivi-
sion 1 as amended and subdivision 3 as added by chapter 901 of the laws
of 1983, subdivision 4 as added by chapter 294 of the laws of 1991, is
amended to read as follows:
§ 71-2201. Enforcement of title 23 of article 23 of this chapter.
Administrative and civil sanctions. 1. Any person who violates any of
the provisions of, or who fails to perform any duty imposed by title 23
of article 23 except the duty to accept used oil pursuant to section
23-2307 or any person subject to section 23-2308 or any rule or regu-
lation promulgated pursuant thereto, or any term or condition of any
certificate or permit issued pursuant thereto, or any final determi-
nation or order of the commissioner made pursuant to this section shall
be liable for a civil penalty not to exceed one thousand FIVE HUNDRED
dollars for each such violation and an additional penalty of not more
than [five] SEVEN hundred FIFTY dollars for each day during which such
violation continues, to be assessed by the commissioner after a hearing
or opportunity to be heard pursuant to the provisions of section 71-1709
of this chapter, and, in addition thereto, such person may by similar
process be enjoined from continuing such violation and any permit or
certificate issued to such person may be revoked or suspended or a pend-
ing renewal application denied.
2. Any person who refuses to accept used oil as required pursuant to
subdivision two of section 23-2307 shall be liable for a civil penalty
not to exceed one hundred FIFTY dollars.
3. Any person who violates any provision of section 23-2308 of this
chapter shall be subject to a civil penalty not to exceed [two hundred
fifty] THREE HUNDRED SEVENTY-FIVE dollars for each violation.
4. Notwithstanding any other provision of law, any person who shall
violate the provisions of paragraph (c) of subdivision one of section
23-2307 or paragraph (d) of subdivision two of section 23-2307 of this
chapter shall be liable for a civil penalty of not more than [five]
SEVEN hundred FIFTY dollars, and an additional civil penalty of not more
than [five] SEVEN hundred FIFTY dollars for each day during which such
violation continues, not to exceed [ten] FIFTEEN thousand dollars.
§ 45. Section 71-2303 of the environmental conservation law, as
amended by chapter 99 of the laws of 2010, subdivisions 1 and 2 as
amended by section 15 of part QQ of chapter 58 of the laws of 2022, is
amended to read as follows:
§ 71-2303. Violation; penalties.
1. Civil sanctions. a. Any person who violates, disobeys or disregards
any provision of article twenty-four, including title five and section
24-0507 thereof or any rule or regulation, local law or ordinance,
permit or order issued pursuant thereto, shall be liable to the people
of the state for a civil penalty of not to exceed [eleven] SIXTEEN thou-
sand FIVE HUNDRED dollars for every such violation, to be assessed,
after a hearing or opportunity to be heard upon due notice and with the
rights to specification of the charges and representation by counsel at
such hearing, by the commissioner or local government or in an action
S. 8308--B 154
initiated by the attorney general pursuant to section 71-2305 of this
title or on the attorney general's own initiative. Each violation shall
be a separate and distinct violation and, in the case of a continuing
violation, each day's continuance thereof shall be deemed a separate and
distinct violation. Such penalty assessed by the commissioner or local
government may be recovered in an action brought by the attorney general
at the request and in the name of the commissioner or local government
in any court of competent jurisdiction. Such civil penalty may be
released or compromised by the commissioner or local government before
the matter has been referred to the attorney general; and where such
matter has been referred to the attorney general, any such penalty may
be released or compromised and any action commenced to recover the same
may be settled and discontinued by the attorney general with the consent
of the commissioner or local government. In addition, the commissioner
or local government shall have power, following a hearing held in
conformance with the procedures set forth in section 71-1709 of this
article, to direct the violator to cease violating the act and to
restore the affected freshwater wetland to its condition prior to the
violation, insofar as that is possible within a reasonable time and
under the supervision of the commissioner or local government. Any such
order of the commissioner or local government shall be enforceable in an
action brought by the attorney general at the request and in the name of
the commissioner or local government in any court of competent jurisdic-
tion. Any civil penalty or order issued by the commissioner or local
government pursuant to this subdivision shall be reviewable in a
proceeding pursuant to article seventy-eight of the civil practice law
and rules.
b. Upon determining that significant damage to the functions and bene-
fits of a freshwater wetland is occurring or is imminent as a result of
any violation of article twenty-four of this chapter, including but not
limited to (i) activity taking place requiring a permit under article
twenty-four of this chapter but for which no permit has been granted or
(ii) failure on the part of a permittee to adhere to permit conditions,
the commissioner or local government shall have power to direct the
violator to cease and desist from violating the act. In such cases the
violator shall be provided an opportunity to be heard within ten days of
receipt of the notice to cease and desist.
2. Criminal sanctions. Any person who violates any provision of arti-
cle twenty-four of this chapter, including any rule or regulation, local
law or ordinance, permit or order issued pursuant thereto, shall, in
addition, for the first offense, be guilty of a violation punishable by
a fine of not less than [two] THREE thousand nor more than [five] SEVEN
thousand FIVE HUNDRED dollars; for a second and each subsequent offense
[he] SUCH PERSON shall be guilty of a misdemeanor punishable by a fine
of not less than [four] SIX thousand nor more than [ten] FIFTEEN thou-
sand dollars or a term of imprisonment of not less than fifteen days nor
more than six months or both. In addition to these punishments, any
offender may be punishable by being ordered by the court to restore the
affected freshwater wetland or adjacent area to its condition prior to
the offense, insofar as that is possible. The court shall specify a
reasonable time for the completion of such restoration, which shall be
effected under the supervision of the commissioner or local government.
Each offense shall be a separate and distinct offense and, in the case
of a continuing offense, each day's continuance thereof shall be deemed
a separate and distinct offense.
S. 8308--B 155
3. All fines collected pursuant to this section shall be paid into the
environmental protection fund established pursuant to section ninety-
two-s of the state finance law.
§ 46. Paragraph a of subdivision 1 and subdivision 2 of section
71-2503 of the environmental conservation law, as amended by chapter 666
of the laws of 1989, are amended to read as follows:
a. Any person who violates, disobeys or disregards any provision of
article twenty-five shall be liable to the people of the state for a
civil penalty of not to exceed [ten] FIFTEEN thousand dollars for every
such violation, to be assessed, after a hearing or opportunity to be
heard, by the commissioner. Each violation shall be a separate and
distinct violation and, in the case of a continuing violation, each
day's continuance thereof shall be deemed a separate and distinct
violation. The penalty may be recovered in an action brought by the
commissioner in any court of competent jurisdiction. Such civil penalty
may be released or compromised by the commissioner before the matter has
been referred to the attorney general; and where such matter has been
referred to the attorney general, any such penalty may be released or
compromised and any action commenced to recover the same may be settled
and discontinued by the attorney general with the consent of the commis-
sioner.
2. Criminal sanctions. Any person who violates any provision of arti-
cle twenty-five shall, in addition, for the first offense, be guilty of
a violation punishable by a fine of not less than [five] SEVEN hundred
FIFTY nor more than [five] SEVEN thousand FIVE HUNDRED dollars; for a
second and each subsequent offense such person shall be guilty of a
misdemeanor punishable by a fine of not less than one thousand nor more
than [ten] FIFTEEN thousand dollars or a term of imprisonment of not
less than fifteen days nor more than six months or both. In addition to
or instead of these punishments, any offender shall be punishable by
being ordered by the court to restore the affected tidal wetland or area
immediately adjacent thereto to its condition prior to the offense,
insofar as that is possible. The court shall specify a reasonable time
for the completion of the restoration, which shall be effected under the
supervision of the commissioner. Each offense shall be a separate and
distinct offense and, in the case of a continuing offense, each day's
continuance thereof shall be deemed a separate and distinct offense.
§ 47. Section 71-2505 of the environmental conservation law, as
amended by chapter 249 of the laws of 1997, is amended to read as
follows:
§ 71-2505. Enforcement.
The attorney general, on [his] THEIR own initiative or at the request
of the commissioner, shall prosecute persons who violate article twen-
ty-five. In addition the attorney general, on [his] THEIR own initi-
ative or at the request of the commissioner, shall have the right to
recover a civil penalty of up to [ten] FIFTEEN thousand dollars for
every violation of any provision of such article, and to seek equitable
relief to restrain any violation or threatened violation of such article
and to require the restoration of any affected tidal wetland or area
immediately adjacent thereto to its condition prior to the violation,
insofar as that is possible, within a reasonable time and under the
supervision of the commissioner. In the case of a continuing violation,
each day's continuance thereof shall be deemed a separate and distinct
violation.
§ 48. Subdivisions 1, 2 and 3 of section 71-2703 of the environmental
conservation law, subdivisions 1 and 2 as amended by chapter 508 of the
S. 8308--B 156
laws of 1995, paragraph a of subdivision 1 as amended by section 25,
subparagraphs i and ii of paragraph b of subdivision 1 as amended by
section 26, paragraph a and subparagraphs i and ii of paragraph b of
subdivision 2 as amended by section 27, subparagraphs i and ii of para-
graph c of subdivision 2 as amended by section 28 and subdivision 3 as
amended by section 29 of part C of chapter 62 of the laws of 2003, are
amended to read as follows:
1. Civil and administrative sanctions. a. Any person who violates any
of the provisions of, or who fails to perform any duty imposed by title
3 or 7 of article 27 of this chapter or any rule or regulation promul-
gated pursuant thereto, or any term or condition of any certificate or
permit issued pursuant thereto, or any final determination or order of
the commissioner made pursuant to this title shall be liable for a civil
penalty not to exceed [seven thousand five hundred] ELEVEN THOUSAND TWO
HUNDRED FIFTY dollars for each such violation and an additional penalty
of not more than [one thousand five hundred] TWO THOUSAND TWO HUNDRED
FIFTY dollars for each day during which such violation continues, to be
assessed by the commissioner after an opportunity to be heard pursuant
to the provisions of section 71-1709 of this article, or by the court in
any action or proceeding pursuant to section 71-2727 of this title, and,
in addition thereto, such person may by similar process be enjoined from
continuing such violation and any permit or certificate issued to such
person may be revoked or suspended or a pending renewal application
denied.
b. i. Any person who violates any of the provisions of, or who fails
to perform any duty imposed by, title 3 or 7 of article 27 of this chap-
ter, or any rule or regulation promulgated pursuant thereto, or any term
or condition of any certificate or permit issued pursuant thereto and
thereby causes the release of solid waste into the environment, shall be
liable for a civil penalty not to exceed [eleven thousand two hundred
fifty] SIXTEEN THOUSAND EIGHT HUNDRED SEVENTY-FIVE dollars for each such
violation and an additional penalty of not more than [eleven thousand
two hundred fifty] SIXTEEN THOUSAND EIGHT HUNDRED SEVENTY-FIVE dollars
for each day during which such violation continues, to be assessed by
the commissioner after an opportunity to be heard pursuant to the
provisions of section 71-1709 of this article, or by the court in any
action or proceeding pursuant to section 71-2727 of this title, and, in
addition thereto, such person may by similar process be enjoined from
continuing such violation and any permit or certificate issued to such
person may be revoked or suspended or a pending renewal application
denied.
ii. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by, title 3 or 7 of article 27 of this chapter,
or any rule or regulation promulgated pursuant thereto, or any term or
condition of any certificate or permit issued pursuant thereto and
thereby causes the release of more than ten cubic yards of solid waste
into the environment, shall be liable for a civil penalty not to exceed
[twenty-two thousand five hundred] THIRTY-THREE THOUSAND SEVEN HUNDRED
FIFTY dollars for each such violation and an additional penalty of not
more than [twenty-two thousand five hundred] THIRTY-THREE THOUSAND SEVEN
HUNDRED FIFTY dollars for each day during which such violation contin-
ues, to be assessed by the commissioner after an opportunity to be heard
pursuant to the provisions of section 71-1709 of this article, or by the
court in any action or proceeding pursuant to section 71-2727 of this
title, and, in addition thereto, such person may by similar process be
enjoined from continuing such violation and any permit or certificate
S. 8308--B 157
issued to such person may be revoked or suspended or a pending renewal
application denied.
c. The court in any action or proceeding pursuant to section 71-2727
of this chapter may exercise all powers exercisable by the commissioner.
2. Criminal sanctions. a. Any person who, having any of the culpable
mental states defined in section 15.05 of the penal law, shall violate
any of the provisions of or who fails to perform any duty imposed by
title 3 or 7 of article 27 of this chapter, or any rules and regulations
promulgated pursuant thereto, or any final determination or order of the
commissioner made pursuant to this title shall be guilty of a violation
and, upon conviction thereof, shall be punished by a fine of not less
than [one thousand five hundred] TWO THOUSAND TWO HUNDRED FIFTY dollars
nor more than [fifteen] TWENTY-TWO thousand FIVE HUNDRED dollars per day
of violation or by imprisonment for not more than fifteen days or by
both such fine and imprisonment.
b. i. Any person who shall violate paragraph a of this subdivision and
thereby causes or attempts to cause the release of more than ten cubic
yards of solid waste into the environment shall be guilty of a class B
misdemeanor and, upon conviction thereof, shall be punished by a fine of
not less than [three thousand seven hundred fifty] FIVE THOUSAND SIX
HUNDRED TWENTY-FIVE dollars per day nor more than [twenty-two thousand
five hundred] THIRTY-THREE THOUSAND SEVEN HUNDRED FIFTY dollars per day
of violation, or by imprisonment for a term in accordance with the penal
law, or by both such fine and imprisonment.
ii. Any person who shall violate paragraph a of this subdivision and
thereby causes or attempts to cause the release of more than ten cubic
yards of solid waste into the environment, after having been convicted
of a violation of this subdivision within the preceding five years,
shall be guilty of a class A misdemeanor and, upon conviction thereof,
shall be punished by a fine of not less than [three thousand seven
hundred fifty] FIVE THOUSAND SIX HUNDRED TWENTY-FIVE dollars per day nor
more than [thirty-seven thousand five hundred] FIFTY-SIX THOUSAND TWO
HUNDRED FIFTY dollars per day of violation, or by imprisonment for a
term in accordance with the penal law, or by both such fine and impri-
sonment.
c. i. Any person who shall violate paragraph a of this subdivision and
thereby causes or attempts to cause the release of more than seventy
cubic yards of solid waste into the environment shall be guilty of a
class A misdemeanor and, upon conviction thereof, shall be punished by a
fine of not less than [three thousand seven hundred fifty] FIVE THOUSAND
SIX HUNDRED TWENTY-FIVE dollars per day nor more than [thirty-seven
thousand five hundred] FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars per
day of violation, or by imprisonment for a term in accordance with the
penal law, or by both such fine and imprisonment.
ii. Any person who shall violate paragraph a of this subdivision and
thereby causes or attempts to cause the release of more than seventy
cubic yards of solid waste into the environment, after having been
convicted of a violation of this subdivision within the preceding five
years, shall be guilty of a class E felony and, upon conviction thereof,
shall be punished by a fine of not less than [seven thousand five
hundred] ELEVEN THOUSAND TWO HUNDRED FIFTY dollars per day nor more than
[seventy-five] ONE HUNDRED TWELVE thousand FIVE HUNDRED dollars per day
of violation, or by imprisonment for a term in accordance with the penal
law, or by both such fine and imprisonment.
3. Additional sanctions. Any person who violates any of the provisions
of, or who fails to perform any duty imposed by title 7 of article 27,
S. 8308--B 158
with regard to the construction and operation of facilities for the
disposal of construction and demolition debris or any rule or regulation
promulgated pursuant thereto, or any term or condition of any certif-
icate or permit issued pursuant thereto or any final determination or
order of the commissioner made pursuant to this title shall be liable
for a civil penalty not to exceed [fifteen] TWENTY-TWO thousand FIVE
HUNDRED dollars and each day of such deposition shall constitute a sepa-
rate violation and said civil penalty is in addition to any other fines
or penalties which may be applied pursuant to this title.
§ 49. Section 71-2705 of the environmental conservation law, as added
by chapter 550 of the laws of 1980, subdivision 1 as amended by section
30 and subdivision 2 as amended by section 31 of part C of chapter 62 of
the laws of 2003, is amended to read as follows:
§ 71-2705. Violations of titles 9, 11 and 13 of article 27 of this chap-
ter.
1. Civil and administrative sanctions. Any person who violates any of
the provisions of, or who fails to perform any duty imposed by titles 9,
11 and 13 of article 27 or any rule or regulation promulgated pursuant
thereto, or any term or condition of any certificate or permit issued
pursuant thereto, or any final determination or order of the commission-
er made pursuant to this title shall be liable in the case of a first
violation, for a civil penalty not to exceed [thirty-seven thousand five
hundred] FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars and an additional
penalty of not more than [thirty-seven thousand five hundred] FIFTY-SIX
THOUSAND TWO HUNDRED FIFTY dollars for each day during which such
violation continues, to be assessed by the commissioner after an oppor-
tunity to be heard pursuant to the provisions of section 71-1709 of this
article, or by the court in any action or proceeding pursuant to section
71-2727 of this title, and, in addition thereto, such person may by
similar process be enjoined from continuing such violation and any
permit or certificate issued to such person may be revoked or suspended
or a pending renewal application denied. In the case of a second and any
further violation, the liability shall be for a civil penalty not to
exceed [seventy-five] ONE HUNDRED TWELVE thousand FIVE HUNDRED dollars
for each such violation and an additional penalty not to exceed [seven-
ty-five] ONE HUNDRED TWELVE thousand FIVE HUNDRED dollars for each day
during which such violation continues.
2. Criminal sanctions. Any person who, having any of the culpable
mental states defined in section 15.05 of the penal law, shall violate
any of the provisions of or who fails to perform any duty imposed by
titles 9, 11 and 13 of article 27 or any rules and regulations promul-
gated pursuant thereto, or any term or condition of any certificate or
permit issued pursuant thereto, or any final determination or order of
the commissioner made pursuant to this title shall be guilty of a misde-
meanor and, upon conviction thereof, shall for a first conviction be
punished by a fine not to exceed [thirty-seven thousand five hundred]
FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars per day of violation or by
imprisonment for a term of not more than one year, or both such fine and
imprisonment. If the conviction is for an offense committed after a
first conviction of such person under this subdivision, punishment shall
be by a fine not to exceed [seventy-five] ONE HUNDRED TWELVE thousand
FIVE HUNDRED dollars per day of violation, or by imprisonment for not
more than two years or by both such fine and imprisonment.
§ 50. Subdivision 2 of section 71-2721 of the environmental conserva-
tion law, as amended by section 32 of part C of chapter 62 of the laws
of 2003, is amended to read as follows:
S. 8308--B 159
2. Fines. A sentence to pay a fine shall be a sentence to pay an
amount fixed by the court, not exceeding the higher of:
(a) [Three] FOUR hundred FIFTY thousand dollars for a class C felony;
(b) [Two hundred twenty-five thousand] THREE HUNDRED THIRTY-SEVEN
THOUSAND FIVE HUNDRED dollars for a class D felony;
(c) [One hundred fifty thousand] TWENTY-TWO THOUSAND FIVE HUNDRED
dollars for a class E felony;
(d) [Thirty-seven thousand five hundred] FIFTY-SIX THOUSAND TWO
HUNDRED FIFTY dollars for a class A misdemeanor;
(e) [Fifteen] TWENTY-TWO thousand FIVE HUNDRED dollars for a class B
misdemeanor; or
(f) Double the amount of the defendant's gain from the commission of
the crime.
§ 51. Subdivisions 1, 2 and 5 of section 71-2722 of the environmental
conservation law, subdivision 1 as amended by section 33 and subdivision
2 as amended by section 34 of part C of chapter 62 of the laws of 2003,
and subdivision 5 as added by chapter 152 of the laws of 1990, are
amended to read as follows:
1. Any person who knowingly or intentionally violates any of the
provisions or fails to perform any duty imposed by section 27-1701 of
this chapter, except the duty to accept a lead-acid battery pursuant to
subdivision four of such section, shall be liable for a civil penalty
not to exceed [seventy-five] ONE HUNDRED TWELVE dollars AND FIFTY CENTS
for each violation, provided that such civil penalty shall be in addi-
tion to any other penalties authorized under other state or local laws
governing the illegal disposal of lead-acid batteries.
2. Any retailer or distributor who refuses to accept a lead-acid
battery as required pursuant to subdivision four of section 27-1701 of
this chapter shall be liable for a civil penalty not to exceed [seven
hundred fifty] ONE THOUSAND ONE HUNDRED TWENTY-FIVE dollars.
5. All civil penalties and fines collected for any violation of such
title seventeen shall be paid over to the commissioner for deposit in
the [general fund] CONSERVATION FUND TO THE CREDIT OF THE CONSERVATION
ENFORCEMENT ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION (K) OF SECTION
EIGHTY-THREE OF THE STATE FINANCE LAW; provided however, that all civil
penalties collected for any violation of such title seventeen which have
been imposed by the environmental control board of the city of New York,
or a local adjudicatory body pursuant to subdivision four of this
section, shall be paid into an environmental fund of such city or local-
ity.
§ 52. Subdivisions 1 and 2 of section 71-2724 of the environmental
conservation law, as amended by chapter 30 of the laws of 2020, are
amended to read as follows:
1. Any person who knowingly or intentionally violates any provision of
or fails to perform any duty pursuant to title twenty-one of article
twenty-seven of this chapter, except subdivision one of section 27-2105
of this chapter, shall upon the first finding of such a violation be
liable for a civil penalty not to exceed one hundred FIFTY dollars. Any
person convicted of a second or subsequent violation shall be liable for
a civil penalty not to exceed [five] SEVEN hundred FIFTY dollars for
each violation.
2. Any person who knowingly or intentionally violates or fails to
perform any duty imposed by subdivision one of section 27-2105 of this
chapter shall upon the first finding of such a violation be provided
with educational materials describing the requirements for mercury
disposal and the effects of improper mercury disposal, and be warned
S. 8308--B 160
that future violations shall result in the imposition of a fine. Any
person convicted of a second violation shall be liable for a civil
penalty not to exceed [fifty] SEVENTY-FIVE dollars. Any person convicted
of a third violation shall be liable for a civil penalty not to exceed
[seventy-five] ONE HUNDRED TWELVE dollars AND FIFTY CENTS. Any person
convicted of a fourth or subsequent violation shall be liable for a
civil penalty not to exceed one hundred dollars for each violation.
§ 53. Subdivision 1 of section 71-2728 of the environmental conserva-
tion law, as added by chapter 641 of the laws of 2008, is amended to
read as follows:
1. Any person who knowingly or intentionally violates any provision of
or fails to perform any duty imposed pursuant to title 27 of article 27
of this chapter shall upon the first finding of such a violation be
provided with a warning that future violations shall result in the impo-
sition of a fine. Any person convicted of a second violation shall be
liable for a civil penalty not to exceed one hundred FIFTY dollars. Any
person convicted of a third or subsequent violation shall be liable for
a civil penalty not to exceed [five] SEVEN hundred FIFTY dollars.
§ 54. Section 71-2729 of the environmental conservation law, as added
by chapter 99 of the laws of 2010, is amended to read as follows:
§ 71-2729. Enforcement of title 26 of article 27 of this chapter.
1. a. Any consumer, as defined in title twenty-six of article twenty-
seven of this chapter, who violates any provision of, or fails to
perform any duty imposed by, section 27-2611 of this chapter, shall be
liable for a civil penalty not to exceed one hundred FIFTY dollars for
each violation.
b. Any person, except a consumer, manufacturer, or an owner or opera-
tor of an electronic waste collection site, electronic waste consol-
idation facility, or electronic waste recycling facility as these terms
are defined in title twenty-six of article twenty-seven of this chapter,
who violates any provision, or fails to perform any duty imposed by
section 27-2611 of this chapter, shall be liable for a civil penalty not
to exceed [two hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars for
each violation.
c. Any manufacturer, or any person operating an electronic waste
collection site, an electronic waste consolidation facility, or an elec-
tronic waste recycling facility as those terms are defined in title
twenty-six of article twenty-seven of this chapter, who:
i. fails to submit any report, registration, fee, or surcharge to the
department as required by title twenty-six of article twenty-seven of
this chapter shall be liable for a civil penalty not to exceed one thou-
sand FIVE HUNDRED dollars for each day such report, registration, fee,
or surcharge is not submitted; and
ii. violates any other provision of title twenty-six of article twen-
ty-seven of this chapter or fails to perform any duty imposed by such
title, except for subdivision four of section 27-2603 of this chapter,
shall be liable for a civil penalty for each violation not to exceed one
thousand FIVE HUNDRED dollars for the first violation, [two thousand
five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY dollars for the second
violation and [five] SEVEN thousand FIVE HUNDRED dollars for the third
and subsequent violations of this title within a twelve-month period.
d. Any retailer, as defined by section 27-2601 of this chapter, who
violates any provision of title twenty-six of article twenty-seven of
this chapter or fails to perform any duty imposed by such title, shall
be liable for a civil penalty for each violation not to exceed [two
hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars for the first
S. 8308--B 161
violation, [five] SEVEN hundred FIFTY dollars for the second violation
and one thousand FIVE HUNDRED dollars for the third and subsequent
violations of this title in a twelve-month period.
e. Civil penalties under this section shall be assessed by the commis-
sioner after a hearing or opportunity to be heard pursuant to the
provisions of section 71-1709 of this article, or by the court in any
action or proceeding pursuant to this section, and, in addition thereto,
such person may by similar process be enjoined from continuing such
violation.
2. All penalties collected pursuant to this section shall be paid over
to the commissioner for deposit to the environmental protection fund
established pursuant to section ninety-two-s of the state finance law.
§ 55. Subdivisions 1 and 3 of section 71-2907 of the environmental
conservation law, as amended by chapter 285 of the laws of 2000, are
amended to read as follows:
1. Administrative sanctions. Except as otherwise provided in this
subdivision, any person who violates any provision of article 33 of this
chapter or any rule, regulation or order issued thereunder or commits
any offense described in section 33-1301 of this chapter shall be liable
to the people of the state for a civil penalty not to exceed [five]
SEVEN thousand FIVE HUNDRED dollars for a first violation, and not to
exceed [ten] FIFTEEN thousand dollars for a subsequent offense, to be
assessed by the commissioner after a hearing or opportunity to be heard.
Notwithstanding any provision of law to the contrary, an owner or
owner's agent of a multiple dwelling or owner, owner's agent or a person
in a position of authority for all other types of premises, as such
terms are defined in paragraph d of subdivision five of section 33-0905
of this chapter, who violates any provision of a local law adopted
pursuant to subdivision one of section 33-1004 of this chapter relating
to paragraph b of such subdivision, and a person, who violates any
provision of a local law adopted pursuant to subdivision one of section
33-1004 of this chapter relating to paragraph c of such subdivision, and
a person who violates the provisions of subdivision three of section
three hundred ninety-c of the social services law shall, for a first
such violation, in lieu of a penalty, be issued a written warning and
shall also be issued educational materials pursuant to subdivision two
of section 33-1005 of this chapter. Such person shall, however, for a
second violation, be liable to the people of the state for a civil
penalty not to exceed one hundred FIFTY dollars, and not to exceed [two
hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars for any subsequent
violation, such penalties to be assessed by the commissioner after a
hearing or opportunity to be heard.
Notwithstanding any provision of law to the contrary, any person who
violates the provisions of a local law adopted pursuant to subdivision
one of section 33-1004 of this chapter relating to paragraph a of such
subdivision, shall be issued a warning for the first violation and shall
be provided seven days to correct such violation; and shall be liable to
the people of the state for a civil penalty not to exceed one hundred
FIFTY dollars for a second violation, and not to exceed [two hundred
fifty] THREE HUNDRED SEVENTY-FIVE dollars for a subsequent violation, to
be assessed by the commissioner after a hearing or opportunity to be
heard. The commissioner, acting by the attorney general, may bring suit
for collection of such assessed civil penalty in any court of competent
jurisdiction. Such civil penalty may be released or compromised by the
commissioner before the matter has been referred to the attorney gener-
al; and where such matter has been referred to the attorney general, any
S. 8308--B 162
such penalty may be released or compromised and any action commenced to
recover the same may be settled and discontinued by the attorney general
with the consent of the commissioner. Any civil penalty assessed by the
commissioner under this subdivision shall be reviewable in a proceeding
under article 78 of the civil practice law and rules.
3. Criminal sanctions. Any person who, having the culpable mental
states defined in subdivision one or two of section 15.05 or in section
20.20 of the penal law, violates any provision of article 33 of this
chapter or any rule, regulation thereunder or commits any offense
described in section 33-1301 of this chapter, except an offense relating
to the application of a general use pesticide shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine
not to exceed [five] SEVEN thousand FIVE HUNDRED dollars for each day
during which such violation continues or by imprisonment for a term of
not more than one year, or by both such fine and imprisonment. If the
conviction is for a subsequent offense committed after a first
conviction of such person under this subdivision, punishment shall be by
a fine not to exceed [ten] FIFTEEN thousand dollars for each day during
which such violation continues or by imprisonment for a term of not more
than one year, or by both such fine and imprisonment. When a violation
consists of the manufacture or production of any prohibited article,
each day during which or any part of which such manufacture or
production is carried on or continued, shall be deemed a separate
violation. Any person who violates any provision of article 33 of this
chapter or any rule or regulation thereunder or commits any offense
described in section 33-1301 of this chapter relating to the use of a
general use pesticide shall be guilty of a violation and, upon
conviction thereof, shall be punished by a fine not to exceed [twenty-
five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY dollars. If the
conviction is for a subsequent offense committed after the first such
conviction of such person under this subdivision, punishment shall be by
a fine not to exceed [five] SEVEN thousand FIVE HUNDRED dollars. Prose-
cution hereunder may be conducted by either the attorney general or the
district attorney consistent with section 71-0403 of this article. With
respect to violations of section 33-1004 of this chapter, penalties
imposed pursuant to this subdivision may be assessed only against a
person providing a commercial lawn application.
§ 56. Section 71-3103 of the environmental conservation law is amended
to read as follows:
§ 71-3103. Enforcement of article 35.
Any person who violates any of the provisions of, or who fails to
perform any duties imposed by article 35 or any regulation promulgated
by the commissioner thereunder, shall be liable to a civil penalty of
not more than [twenty-five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY
dollars for each such violation and an additional penalty of not more
than [five] SEVEN hundred FIFTY dollars for each day during which such
violation continues, and, in addition thereto, such person may be
enjoined from continuing such violation. Penalties and injunctive relief
provided herein shall be recoverable in an action brought by the Attor-
ney General at the request and in the name of the commissioner.
§ 57. Subdivision 1 of section 71-3303 of the environmental conserva-
tion law, as added by chapter 617 of the laws of 1987, is amended to
read as follows:
1. Any person who violates any provision of, or fails to perform any
duty imposed by article forty-three of this chapter or any rule or regu-
lation promulgated pursuant thereto, or any term or condition of any
S. 8308--B 163
certificate or permit issued pursuant thereto, or any final determi-
nation or order of the Lake George park commission made pursuant to
article forty-three of this chapter shall be liable for a civil penalty
not to exceed [five] SEVEN hundred FIFTY dollars for each such violation
and an additional penalty of [five] SEVEN hundred FIFTY dollars for each
day during which such violation continues, to be assessed by the Lake
George park commission after an opportunity to be heard, or by the court
in any action or proceeding initiated by the attorney general in the
name of the Lake George park commission. In addition thereto, such
person may, by similar process, be enjoined from continuing such
violation, and any permit or certificate issued to such person may be
revoked or suspended, or a pending renewal application denied based upon
such violation.
§ 58. Section 71-3307 of the environmental conservation law, as added
by chapter 617 of the laws of 1987, is amended to read as follows:
§ 71-3307. Criminal sanctions.
Any person who, having any of the culpable mental states defined in
section 15.05 of the penal law, shall violate any of the provisions of
or who fails to perform any duty imposed by article forty-three of this
chapter or any rules or regulations promulgated thereto, or any final
determination or order of the Lake George park commission shall be guil-
ty of a violation, and, upon conviction thereof, shall be punished by a
fine not to exceed [five] SEVEN hundred FIFTY dollars for each violation
and [five] SEVEN hundred FIFTY dollars for each day such violation shall
continue.
§ 59. Section 71-3501 of the environmental conservation law is amended
to read as follows:
§ 71-3501. Putting noisome or unwholesome substances or maintaining
noisome business on or near highway.
A person, who deposits, leaves or keeps, on or near a highway or route
of public travel, either on the land or on the water, any noisome or
unwholesome substance, or establishes, maintains or carries on, upon or
near a public highway or route of public travel, either on the land or
on the water, any business, trade or manufacture which is noisome or
detrimental to public health, is guilty of a misdemeanor, punishable by
a fine of not less than one hundred FIFTY dollars, or by imprisonment
not less than three nor more than six months, or both.
§ 60. Section 71-3703 of the environmental conservation law, as
amended by chapter 259 of the laws of 2011, subdivision 4 as amended by
chapter 44 of the laws of 2020, subdivision 5 as added by chapter 829 of
the laws of 2021, and subdivision 6 as added by chapter 111 of the laws
of 2023, is amended to read as follows:
§ 71-3703. Enforcement of article 37.
1. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-0107 or any rule or regulation
promulgated pursuant hereto, shall be liable for a civil penalty not to
exceed [two thousand five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY
dollars for each such violation and an additional penalty of not more
than [five] SEVEN hundred FIFTY dollars for each day during which such
violation continues, and, in addition thereto, such person may be
enjoined from continuing such violation.
2. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-0505 or any rule or regulation
promulgated pursuant hereto, shall be liable for a civil penalty not to
exceed one thousand FIVE HUNDRED dollars for each day during which such
violation continues, and in addition thereto, such person may be
S. 8308--B 164
enjoined from continuing such violation. Such person shall for a second
violation be liable to the people of the state for a civil penalty not
to exceed [two thousand five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY
dollars for each day during which such violation continues.
3. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-0705 or any rule or regulation
promulgated pursuant hereto, shall be liable for a civil penalty not to
exceed one thousand FIVE HUNDRED dollars for each day during which such
violation continues, and in addition thereto, such person may be
enjoined from continuing such violation. Such person shall for a second
violation be liable to the people of the state for a civil penalty not
to exceed [two thousand five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY
dollars for each day during which such violation continues.
4. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-0117 or any rule or regulation
promulgated pursuant hereto, shall be liable for a civil penalty not to
exceed one thousand FIVE HUNDRED dollars for each day during which such
violation continues, and in addition thereto, such person may be
enjoined from continuing such violation. Such person shall for a second
violation be liable to the people of the state for a civil penalty not
to exceed [two thousand five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY
dollars for each day during which such violation continues.
5. Any person who violates any of the provisions of or who fails to
perform any duty imposed by sections 37-1003 and 37-1007 of this chapter
or any rule or regulation promulgated pursuant hereto, shall be liable
for a civil penalty not to exceed one thousand FIVE HUNDRED dollars for
each day during which such violation continues, and in addition thereto,
such person may be enjoined from continuing such violation. Such person
shall for a second violation be liable to the people of the state for a
civil penalty not to exceed [two thousand five hundred] THREE THOUSAND
SEVEN HUNDRED FIFTY dollars for each day during which such violation
continues.
6. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-0121 of this chapter or any rule
or regulation promulgated pursuant hereto, shall be liable for a civil
penalty not to exceed one thousand FIVE HUNDRED dollars for each day
during which such violation continues, and in addition thereto, such
person may be enjoined from continuing such violation. Such person shall
for a second violation be liable to the people of the state for a civil
penalty not to exceed [two thousand five hundred] THREE THOUSAND SEVEN
HUNDRED FIFTY dollars for each day during which such violation contin-
ues.
§ 61. Section 71-3803 of the environmental conservation law, as added
by chapter 713 of the laws of 1975, is amended to read as follows:
§ 71-3803. Enforcement of article thirty-eight.
Any person who violates any of the provisions of, or who fails to
perform any duty imposed by article thirty-eight or any regulation
promulgated by the commissioner thereunder, shall be liable to a civil
penalty of not more than [twenty-five hundred] THREE THOUSAND SEVEN
HUNDRED FIFTY dollars for each such violation and an additional penalty
of not more than [five] SEVEN hundred FIFTY dollars for each day during
which such violation continues, and, in addition thereto, such person
may be enjoined from continuing such violation. Penalties and injunctive
relief provided herein shall be recoverable in an action brought by the
attorney general acting alone or at the request of the commissioner.
S. 8308--B 165
§ 62. Section 71-3903 of the environmental conservation law, as added
by chapter 732 of the laws of 1980, is amended to read as follows:
§ 71-3903. Violations; penalties.
1. Administrative sanctions. Any person who violates, disobeys or
disregards any provision of article thirty-nine shall be liable to the
people of the state for a civil penalty of not to exceed [three] FOUR
thousand FIVE HUNDRED dollars for every such violation, to be assessed
by the commissioner after a hearing or opportunity to be heard. The
penalty may be recovered in an action brought by the commissioner in any
court of competent jurisdiction. Such civil penalty may be released or
[comprised] COMPROMISED by the commissioner before the matter has been
referred to the attorney general; and where such matter has been
referred to the attorney general, any such penalty may be released or
[comprised] COMPROMISED and any action commenced to recover the same may
be settled and discontinued by the attorney general with the consent of
the commissioner. In addition, the commissioner shall have power,
following a hearing, to direct the violator to cease [his] THEIR
violation of article thirty-nine and, where appropriate, to recall any
sewage system cleaners or additives sold or distributed in violation of
said article. Any such order of the commissioner shall be enforceable in
an action brought by the commissioner in any court of competent juris-
diction. Any civil penalty or order issued by the commissioner under
this subdivision shall be reviewable in a proceeding under article
seventy-eight of the civil practice law and rules commenced within thir-
ty days of such penalty or order.
2. Criminal sanctions. Any person who knowingly violates any provision
of section 39-0105 of this chapter shall, in addition to the sanctions
provided in subdivision one of this section, for the first offense, be
guilty of a violation punishable by a fine of not less than [five] SEVEN
hundred FIFTY nor more than one thousand FIVE HUNDRED dollars; for a
second and each subsequent offense [he] SUCH PERSON shall be guilty of a
misdemeanor punishable by a fine of not less than one thousand FIVE
HUNDRED nor more than [three] FOUR thousand FIVE HUNDRED dollars or a
term of imprisonment of not more than six months or both. In addition to
or instead of these sanctions, any offender shall be punishable by being
ordered by the court to recall any sewage system cleaners or additives
sold or distributed in violation of article thirty-nine. The court shall
specify a reasonable time for the completion of the recall. Each offense
shall be a separate and distinct offense and, in the case of a continu-
ing offense, each day's continuance thereof shall be deemed a separate
and distinct offense.
§ 63. Section 71-3905 of the environmental conservation law, as added
by chapter 732 of the laws of 1980, is amended to read as follows:
§ 71-3905. Enforcement.
The attorney general or a district attorney, at the request of the
attorney general or the commissioner, may prosecute persons who violate
article thirty-nine. In addition the attorney general, on [his] THEIR
own initiative or at the request of the commissioner, shall have the
right to recover a civil penalty of not to exceed [three] FOUR thousand
FIVE HUNDRED dollars for every violation of any provision of said arti-
cle, and to seek equitable relief to restrain any violation or threat-
ened violation of such article and to require the recall of any sewage
system cleaners or additives sold or distributed in violation of said
article.
S. 8308--B 166
§ 64. Section 71-4001 of the environmental conservation law, as
amended by chapter 99 of the laws of 2010, is amended to read as
follows:
§ 71-4001. General criminal penalty.
Except as otherwise specifically provided elsewhere in this chapter or
in the penal law, (a) a person who violates any provision of this chap-
ter, or any rule, regulation or order promulgated pursuant thereto, or
the terms or conditions of any permit issued thereunder, shall be guilty
of a violation; (b) each day on which such violation occurs shall
constitute a separate violation; and (c) for each such violation the
person shall be subject upon conviction to imprisonment for not more
than fifteen days or to a fine of not more than [nine] ONE THOUSAND
THREE hundred FIFTY dollars, or to both such imprisonment and such fine.
§ 65. Section 71-4003 of the environmental conservation law, as
amended by chapter 99 of the laws of 2010, is amended to read as
follows:
§ 71-4003. General civil penalty.
Except as otherwise specifically provided elsewhere in this chapter, a
person who violates any provision of this chapter, or any rule, regu-
lation or order promulgated pursuant thereto, or the terms or conditions
of any permit issued thereunder, shall be liable to a civil penalty of
not more than one thousand FIVE HUNDRED dollars, and an additional civil
penalty of not more than one thousand FIVE HUNDRED dollars for each day
during which each such violation continues. Any civil penalty provided
for by this chapter may be assessed following a hearing or opportunity
to be heard.
§ 66. Section 71-4103 of the environmental conservation law, as
amended by chapter 608 of the laws of 1993, is amended to read as
follows:
§ 71-4103. Enforcement of article seventy-two.
Any person who violates any of the provisions of article seventy-two
of this chapter or the regulations promulgated thereunder shall be
liable for a civil penalty of up to one thousand FIVE HUNDRED dollars in
addition to any amount assessed as a penalty pursuant to subdivision
five of section 72-0201 of this chapter, except that any person who
fails to pay fees required pursuant to section 72-0303 of this chapter
shall be subject to penalty provisions pursuant to subdivision twelve of
section 72-0201 of this chapter.
§ 67. Section 71-4303 of the environmental conservation law, as added
by chapter 672 of the laws of 1986, is amended to read as follows:
§ 71-4303. Violations of article forty of this chapter.
1. Civil and administrative sanctions. Any person who violates any of
the provisions of, or who fails to perform any duty imposed by, article
forty of this chapter or any rule or regulation promulgated thereunder,
or any terms or conditions of any certificate or permit issued pursuant
thereto, or any final determination or order of the commissioner made
pursuant to this title, shall be liable in the case of a civil penalty
not to exceed twenty-five thousand dollars and an additional penalty of
not more than twenty-five thousand dollars for each day during which
such violation continues, to be assessed by the commissioner after an
opportunity to be heard pursuant to the provisions of section 71-1709 of
this article or by a court in any action or proceeding pursuant to this
title, and, in addition thereto such person may by similar process be
enjoined from continuing such violation. In addition, upon the provision
of notice stating the grounds for its action and giving an opportunity
for hearing, the commissioner may revoke, suspend or deny a certificate
S. 8308--B 167
or a renewal of a certificate issued pursuant to article forty of this
chapter. In the case of a second violation, the liability shall be for a
civil penalty not to exceed [fifty] SEVENTY-FIVE thousand dollars for
such violation and an additional penalty not to exceed [fifty] SEVENTY-
FIVE thousand dollars for each day during which such violation contin-
ues.
2. Criminal sanctions. Any person who, having any of the culpable
mental states defined in section 15.05 of the penal law, shall violate
any of the provisions of or who fails to perform any duty imposed by
article forty of this chapter or any rules or regulations promulgated
pursuant thereto, or any term or condition of any certificate or permit
issued pursuant thereto, or any final determination or order of the
commissioner made pursuant to this title shall be guilty of a misdemea-
nor and, upon conviction thereof, shall for a first conviction be
punished by a fine not to exceed [twenty-five] THIRTY-SEVEN thousand
FIVE HUNDRED dollars per day of violation or by imprisonment for a term
of not more than one year, or by both such fine and imprisonment. If the
conviction is for an offense committed after a first conviction of such
person under this subdivision, punishment shall be by a fine not to
exceed [fifty] SEVENTY-FIVE thousand dollars per day of violation, or by
imprisonment for not more than two years or by both such fine and impri-
sonment.
§ 68. Section 71-4402 of the environmental conservation law, as added
by chapter 180 of the laws of 1989, is amended to read as follows:
§ 71-4402. Violations of title 15 of article 27 of this chapter.
1. Civil and administrative sanctions.
Any person who violates any of the provisions of, or who fails to
perform any duty imposed by title 15 of article 27 of this chapter, or
any rule or regulation promulgated pursuant thereto, or any term or
condition of any certificate or permit issued pursuant thereto, or any
final determination or order of the commissioner made pursuant to this
title shall be liable in the case of a first violation, for a civil
penalty not to exceed [twenty-five] THIRTY-SEVEN thousand FIVE HUNDRED
dollars and an additional penalty of not more than [twenty-five] THIR-
TY-SEVEN thousand FIVE HUNDRED dollars for each day during which such
violation continues, to be assessed by the commissioner after an oppor-
tunity to be heard pursuant to the provisions of section 71-1709 of this
chapter, or by the court in any action or proceeding pursuant to section
71-2727 of this chapter, and, in addition thereto, such persons may by
similar process be enjoined from continuing such violation and any
permit or certificate issued to such person may be revoked or suspended
or a pending renewal application denied. In the case of a second and any
further violation, the liability shall be for a civil penalty not to
exceed [fifty] SEVENTY-FIVE thousand dollars for each such violation and
an additional penalty not to exceed [fifty] SEVENTY-FIVE thousand
dollars for each day during which such violation continues.
2. Criminal sanctions.
a. Any person who violates any of the provisions of or who fails to
perform any duty imposed by title 15 of article 27 of this chapter or
any rules and regulations promulgated pursuant thereto, or any term or
condition of any certificate or permit issued pursuant thereto, or any
final determination or order of the commissioner made pursuant to this
title shall be guilty of a violation and, upon conviction thereof, shall
be punished by a fine not to exceed [five] SEVEN thousand FIVE HUNDRED
dollars per day of violation, or by imprisonment for a term of not more
than fifteen days, or by both such fine and imprisonment.
S. 8308--B 168
b. Any person who, intentionally, knowingly, or recklessly shall
violate any of the provisions of or who fails to perform any duty
imposed by title 15 of article 27 of this chapter or any rules and regu-
lations promulgated pursuant thereto, or any term or condition of any
certificate or permit issued pursuant thereto, or any final determi-
nation or order of the commissioner made pursuant to this title shall be
guilty of a class B misdemeanor and, upon conviction thereof, shall for
a first conviction be punished by a fine not to exceed [fifteen] TWEN-
TY-TWO thousand FIVE HUNDRED dollars per day of violation or by impri-
sonment for a term of not more than ninety days, or both such fine and
imprisonment. If the conviction is for an offense committed after a
first conviction of such person under this paragraph, within the preced-
ing five years, such person shall be guilty of a class A misdemeanor and
upon conviction, punishment shall be by a fine not to exceed [fifty]
SEVENTY-FIVE thousand FIVE HUNDRED dollars per day of violation, or by
imprisonment for not more than one year or by both such fine and impri-
sonment.
§ 69. Subdivision 2 of section 71-4411 of the environmental conserva-
tion law, as added by chapter 180 of the laws of 1989, is amended to
read as follows:
2. Fines. A sentence to pay a fine shall be a sentence to pay any
amount fixed by the court, not exceeding the higher of:
(a) [one hundred fifty] TWO HUNDRED TWENTY-FIVE thousand dollars for a
class D felony;
(b) one hundred thousand dollars for a class E felony;
(c) [fifty] SEVENTY-FIVE thousand dollars for a class A misdemeanor;
(d) [fifteen] TWENTY-TWO thousand FIVE HUNDRED dollars for a class B
misdemeanor; or
(e) double the amount of the defendant's gain from the commission of
the crime.
§ 70. This act shall take effect immediately.
PART BBB
Section 1. Paragraph 1 of subdivision 14 of section 341 of the highway
law, as amended by chapter 639 of the laws of 1987, is amended to read
as follows:
1. Beginning at a state highway in or near the hamlet of Collins,
thence running generally easterly through or near the village of Spring-
ville to a state highway in or near the hamlet of Sardinia; beginning at
a state highway in or near the village of Farnham, thence running gener-
ally easterly through or near the village of North Collins to a state
highway in or near the hamlet of Langford; beginning at state highway
two, thence running generally easterly through or near the villages of
Orchard Park and East Aurora and the hamlet of Wales Center to the Erie-
Wyoming county line; beginning at a state highway in or near the hamlet
of Wales Center, thence running generally southeasterly to the Erie-
Wyoming county line; Mile Strip road, beginning at a state highway in or
near the hamlet of Woodlawn, thence running generally easterly to state
highway nine thousand two hundred sixty-nine; beginning at the eastern
city line of Buffalo near Seneca street, thence running generally south-
easterly to state highway nine thousand three hundred eighty-one; begin-
ning at the eastern city line of Buffalo near Clinton street, thence
running generally easterly through or near the hamlet of Marilla to the
Erie-Wyoming county line; beginning at the eastern city line of Buffalo
near Broadway, thence running generally easterly through or near the
S. 8308--B 169
villages of Depew, Lancaster and Alden to the Erie-Genesee county line;
beginning at the eastern city line of Buffalo near Genesee street,
thence running generally easterly through or near the hamlets of
Bowmansville, Millgrove and Crittendon to the Erie-Genesee county line;
beginning at the eastern city line of Buffalo at the Kensington avenue
arterial, thence running generally easterly through or near the village
of Depew to a state highway in or near the hamlet of Millgrove, said
highway to be built with control of access as determined by the commis-
sioner; beginning at the northern city line of Buffalo near Main street,
thence running generally easterly through or near the village of
Williamsville to the Erie-Genesee county line near the village of Akron;
beginning at state highway one hundred twenty-nine near the Grand Island
bridge, thence running generally southeasterly and easterly to state
highway one hundred thirty; beginning at a point on state highway five
thousand one hundred seventy-two near Ellicott creek, thence running
generally easterly to a state highway in or near the hamlet of Getz-
ville; beginning at the West River parkway near Staley road, thence
running generally easterly to state highway nine hundred ninety-one;
beginning at state highway five thousand four hundred fifty-two in the
Cattaraugus Indian reservation, thence running generally northerly and
northeasterly through or near the villages of Farnham and Angola and the
hamlet of Athol Springs to the southern city line of Lackawanna; begin-
ning at the Erie-Chautauqua county line in the Cattaraugus Indian reser-
vation, thence running generally northeasterly to state highway nine
thousand two hundred seventeen; beginning at the Grand Island terminus
of the South Grand Island bridge, thence running generally northwesterly
to the Grand Island terminus of the North Grand Island bridge; beginning
at the Erie-Cattaraugus county line in or near the village of Gowanda,
thence running generally northerly, northeasterly and northwesterly to a
state highway in or near the hamlet of Athol Springs; beginning at state
highway one thousand sixty-seven, thence running generally northeasterly
to state highway one thousand eight hundred fifty-six in or near the
hamlet of Athol Springs; beginning at a state highway in or near the
hamlet of Collins Center, thence running generally northerly to a state
highway in or near the village of Hamburg; beginning at a state highway
in or near the village of Hamburg, thence running generally northerly to
the southern city line of the city of Lackawanna; beginning at a state
highway known as Mile Strip road, thence running generally northerly to
the southern city line of Lackawanna; THAT PORTION OF SOUTH PARK AVENUE
BEGINNING AT THE TOWN LINE OF THE CITY OF BUFFALO SOUTH NINE THOUSAND
NINE HUNDRED TWENTY FEET TO THE SOUTHERN CITY LINE OF THE CITY OF LACKA-
WANNA; beginning at the northwesterly city line of Buffalo, thence
running generally northwesterly and northeasterly to the western city
line of Tonawanda; beginning at state highway twenty-three northwest of
the city of Buffalo, thence running generally northeasterly to state
highway nine thousand two hundred sixteen; beginning at the northern
city line of Buffalo, thence running generally northerly to the southern
city line of Tonawanda near Military road; beginning at state highway
nine thousand two hundred twenty-one, Military road, thence running
generally easterly to state highway nine thousand two hundred twenty,
Delaware avenue; beginning at the northern city line of Buffalo, near
Delaware avenue, thence running generally northerly to the southern city
line of Tonawanda; beginning at a point south of the city of Tonawanda
near an interchange with an interstate highway, thence running generally
northerly to the southern city line of Tonawanda near Eggert road;
beginning at the northern city line of Buffalo near Niagara Falls boule-
S. 8308--B 170
vard, thence running generally northerly to the Erie-Niagara county
line; beginning at a point on the northern city line of Buffalo, thence
running generally northeasterly to a state highway in or near the hamlet
of Millersport; beginning at a state highway south of the hamlet of
Getzville near Campbell boulevard, thence running generally northerly to
the Erie-Niagara county line; beginning at state highway sixty-seven or
state highway nine thousand two hundred nineteen near Slade avenue,
thence running generally northerly near the easterly city line of
Buffalo to state highway nine thousand two hundred sixteen; Southern
expressway, beginning at state highway one thousand three hundred thir-
ty-three near the village of Springville, thence running generally
northerly to the New York state thruway, Erie section, near the city of
Lackawanna, said highway to be built with control of access; beginning
at the Erie-Cattaraugus county line in or near the village of Spring-
ville, thence running generally northerly to a state highway in or near
the village of Hamburg; beginning at a state highway in or near the
hamlet of North Boston, thence running generally northeasterly, norther-
ly and northwesterly through or near the village of Orchard Park to the
eastern city line of Buffalo; beginning at state highway sixty-seven
north of the village of Orchard Park, thence running generally northerly
to state highway nine thousand two hundred sixteen, near Sheridan drive;
beginning at state highway one thousand sixty-six near the village of
Orchard Park, thence running generally northerly through the village of
Depew to the Erie-Niagara county line in or near the hamlet of Millers-
port; beginning at the Ontario section of the New York state thruway
near William street, thence running generally easterly to state highway
five hundred twenty-nine in or near the hamlet of Town Line; Aurora
expressway, beginning at the Seneca street interchange of the Erie
section of the New York state thruway, thence running generally easterly
and southeasterly, through or near the village of East Aurora to state
highway five thousand three hundred seventeen in or near the hamlet of
South Wales, said highway to be built with control of access; beginning
at a state highway in the village of East Aurora, thence running gener-
ally northerly to a state highway; beginning in or near the hamlet of
Glenwood, thence running generally northwesterly to a state highway in
or near the village of Orchard Park near Duells Corners; beginning at
the Erie-Cattaraugus county line in or near the hamlet of Chaffee,
thence running generally northwesterly through or near the hamlets of
Holland and South Wales to a state highway in the village of East Auro-
ra; beginning at a state highway west of the hamlet of Wales Center,
thence running generally northerly to state highway five hundred twen-
ty-nine; beginning at a state highway south of the village of Akron,
thence running generally northerly, westerly and northerly to the Erie-
Niagara county line west of the Tonawanda Indian reservation; beginning
at a point on the eastern city line of Buffalo at or near Walden avenue,
thence running generally easterly through or near the villages of Depew
and Lancaster to a point on a state highway northwest of the village of
Alden; beginning at or near Maple avenue in the town of Amherst, thence
running generally northerly to a point on state highway one thousand
four hundred ninety-two; beginning at or near the Southern expressway,
thence running generally easterly to state highway one thousand six
hundred sixty-five; BEGINNING AT THE WESTERN LINE OF THE TOWN OF WEST
SENECA, THENCE RUNNING GENERALLY WESTERLY ON OR NEAR RIDGE ROAD THROUGH
THE CITY OF LACKAWANNA TO A POINT ON STATE HIGHWAY FIVE.
§ 2. This act shall take effect immediately.
S. 8308--B 171
PART CCC
Section 1. Short title. This act shall be known and may be cited as
the "small water utility transparency act".
§ 2. The public service law is amended by adding a new section 89-q to
read as follows:
§ 89-Q. POWERS OF THE COMMISSION WITH RESPECT TO PRIVATE WATER COMPA-
NIES. 1. THE COMMISSION, IN COORDINATION WITH THE COMPTROLLER, SHALL
CONDUCT FULL AUDITS OF REGULATED PRIVATE WATER COMPANIES WITH GROSS
ANNUAL REVENUES BELOW TWO HUNDRED FIFTY THOUSAND DOLLARS ON A THREE- TO
FIVE-YEAR CYCLE, AS DETERMINED BY THE COMMISSION. SUCH AUDITS SHALL
FOCUS ON CAPITAL INVESTMENT IN THE PRIVATE WATER COMPANY, COMPLIANCE
WITH STATE AND FEDERAL WATER SAFETY REGULATIONS AND LAWS, FINANCIAL
CAPACITY OF THE PRIVATE WATER COMPANY, MANAGEMENT ABILITY AND FUNCTION
OF THE PRIVATE WATER COMPANY, WATER ADEQUACY AND SUFFICIENCY OF THE
PRIVATE WATER SYSTEM AND AFFORDABILITY.
2. THE COMMISSION SHALL REQUIRE THAT ANY REGULATED PRIVATE WATER
COMPANY WITH GROSS ANNUAL REVENUES BELOW TWO HUNDRED FIFTY THOUSAND
DOLLARS WHICH IS UNDER INVESTIGATION EITHER BY MOTION OF THE COMMISSION,
PURSUANT TO SECTION EIGHTY-NINE-I OF THIS ARTICLE, OR PURSUANT TO AN
ORDER TO SHOW CAUSE SHALL FILE REGULAR PUBLIC UPDATES ON THE STATUS OF
COMPLIANCE WITH SUCH ORDER. THE COMMISSION SHALL PROMULGATE RULES AND
REGULATIONS REGARDING SUCH REQUIREMENT INCLUDING, BUT NOT LIMITED TO,
DETERMINING HOW OFTEN SUCH PUBLIC UPDATES SHALL BE PROVIDED AND THE
MANNER IN WHICH SUCH PUBLIC UPDATES SHALL BE PROVIDED TO THE PUBLIC.
THE COMMISSION SHALL BE AUTHORIZED TO ESTABLISH AND COLLECT FINES FOR
NON-COMPLIANCE WITH THIS SUBDIVISION. SUCH FINES MAY BE SET AT
INCREASED RATES FOR REPEATED NON-COMPLIANCE.
3. THE COMMISSION SHALL COOPERATE WITH THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION AND SHALL PROVIDE ANY INFORMATION OR DATA COMPILED BY OR IN
THE POSSESSION OF THE COMMISSION TO THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION FOR THE PURPOSES OF AIDING THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION IN CARRYING OUT AUDITS OF REGULATED PRIVATE WATER COMPANIES
WITH GROSS ANNUAL REVENUES BELOW TWO HUNDRED FIFTY THOUSAND DOLLARS. THE
COMMISSION SHALL COORDINATE SUCH AUDITS WITH THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION AND SHALL ISSUE JOINT AUDIT REPORTS THAT MERGE THE
SEPARATE AUDITS OF THE COMMISSION AND THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION.
§ 3. The environmental conservation law is amended by adding a new
section 15-0319 to read as follows:
§ 15-0319. POWERS AND DUTIES WITH RESPECT TO PRIVATE WATER COMPANIES.
THE DEPARTMENT SHALL CONDUCT FULL AUDITS OF PRIVATE WATER COMPANIES
WITH GROSS ANNUAL REVENUES BELOW TWO HUNDRED FIFTY THOUSAND DOLLARS
WHICH ARE REGULATED BY THE PUBLIC SERVICE COMMISSION ON A THREE- TO
FIVE-YEAR CYCLE, AS DETERMINED BY THE DEPARTMENT. SUCH AUDITS SHALL
FOCUS ON, BUT SHALL NOT BE LIMITED TO, COMPLIANCE WITH STATE AND FEDERAL
WATER SAFETY REGULATIONS AND LAWS, WATER QUALITY, WATER ADEQUACY, SUFFI-
CIENCY OF TESTING PERFORMED BY THE PRIVATE WATER COMPANY. THE DEPARTMENT
MAY SEEK THE ASSISTANCE OF THE PUBLIC SERVICE COMMISSION IN CONDUCTING
SUCH AUDITS AND MAY RELY ON INFORMATION AND DATA COMPLIED OR PROVIDED BY
THE PUBLIC SERVICE COMMISSION IN THE COMPLETION OF SUCH AUDITS. THE
DEPARTMENT SHALL COORDINATE SUCH AUDITS WITH THE PUBLIC SERVICE COMMIS-
SION AND SHALL ASSIST THE COMMISSION IN ISSUING JOINT AUDIT REPORTS THAT
MERGE THE SEPARATE AUDITS OF THE DEPARTMENT AND THE PUBLIC SERVICE
COMMISSION.
S. 8308--B 172
§ 4. Section 8 of the state finance law is amended by adding a new
subdivision 21 to read as follows:
21. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, AUDIT REGULATED
PRIVATE WATER COMPANIES WITH GROSS ANNUAL REVENUES BELOW TWO HUNDRED
FIFTY THOUSAND DOLLARS IN ACCORDANCE WITH SECTION EIGHTY-NINE-Q OF THE
PUBLIC SERVICE LAW.
§ 5. This act shall take effect immediately.
PART DDD
Section 1. A temporary state commission, to be known as the New York
state commission on establishing a bank owned by New York state, herein-
after referred to as the commission, is hereby established to hire a
consultant to study the feasibility of establishing a bank owned by the
state of New York or by a public authority constituted by the state of
New York for the public interest.
§ 2. (a) The commission shall consist of eleven members, to be
appointed as follows:(i) five members shall be appointed by the gover-
nor, one of whom shall be a representative of the New York state depart-
ment of financial services, one shall be a representative from the New
York state department of taxation and finance, the remaining three
governor's appointees shall not be employees of the executive branch and
at least one member shall represent the banking and financial industries
of the state including, but not limited to, the New York bankers associ-
ation, at least one member shall represent community banking, and no
more than one member may be a representative of any financial services
firm located within the state, including, but not limited to, the New
York state small business development center;
(ii) three members shall be appointed by the temporary president of
the senate, one of whom shall be a member of the senate;
(iii) three members shall be appointed by the speaker of the assembly,
one of whom shall be a member of the assembly.
(b) The majority of the members of the entire commission shall desig-
nate one of the commissioners to serve as the chair of the commission.
(c) The members of the commission shall be appointed no later than
ninety days after the effective date of this act.
(d) The commission is directed to hire a reputable consultant that has
the capacity, capability, and experience to conduct a feasibility study
to evaluate and make recommendations concerning the formation and
control of a state public bank. Consultants that have conducted a previ-
ous feasibility study of a public bank at the request of a government
entity in the United States will be given preference. Such study shall
make recommendations, with the advice of the department of financial
services, including but not limited to, on the feasibility of establish-
ing a state bank in New York and may recommend legislation for the
legislature to consider in order to create a state public bank for New
York.
§ 3. The scope of such study shall include, but shall not be limited
to:
(a) the purposes of such public bank in the public interest;
(b) an analysis of cost savings, impacts on the state's finances,
economic development and infrastructure, housing and additional needs of
the state, including but not limited to:
(i) appropriate governance structures;
(ii) minimum capitalization requirements;
(iii) appropriate insurance and risk management tools;
S. 8308--B 173
(iv) charter requirements;
(v) financial and operations framework;
(vi) deposits;
(vii) permitted activities;
(viii) benefits;
(ix) potential challenges that such public banks may encounter;
(x) how the lack of accessible financial services contributes to the
cycle of poverty;
(xi) barriers to small business formation and growth;
(xii) impacts of such public banks on small businesses, including
minority- and women-owned business enterprises;
(xiii) impacts of such public banks on the unbanked, the underbanked
and banking deserts; and
(xiv) how a state public bank may provide banking to the cannabis
industry;
(c) a fiscal analysis of costs associated with formation;
(d) an analysis that considers the effects of an economic recession on
the financial results of such public banks;
(e) a legal analysis of whether the proposed structure and operation
of such public bank complies with the New York state constitution;
(f) an analysis of how the proposed governance structure of such
public bank would protect such public bank from unlawful insider trans-
actions and apparent conflicts of interest;
(g) a fiscal analysis of the benefits associated with the creation of
such public bank, including, but not limited to, cost savings, jobs
created, jobs retained, economic activity generated and private capital
leveraged;
(h) a qualitative assessment of social and environmental benefits of
such public bank;
(i) a review of feasibility studies on public banking, including the
city of Philadelphia public bank feasibility study and the city of San
Francisco public bank feasibility study; and
(j) a review of AB-857 (2019 Cal. Stats. Ch. 442).
§ 4. No earlier than six months and no later than seven months after
the effective date of this act, the commission shall submit a report to
the governor, the temporary president of the senate, the speaker of the
assembly, the chair of the senate banks committee and the chair of the
assembly banks committee on the findings and conclusions of the study
conducted pursuant to sections two and three of this act and shall
submit any legislative recommendations deemed to be necessary. Such
report shall be contemporaneously published on the official website of
the department of financial services.
§ 5. This act shall take effect immediately and shall expire and be
deemed repealed one year after such effective date.
PART EEE
Section 1. The vehicle and traffic law is amended by adding a new
section 1640-s to read as follows:
§ 1640-S. SCRAMBLE CROSSWALKS IN CITIES WITH A POPULATION OF ONE
MILLION OR MORE. 1. THERE SHALL BE SCRAMBLE CROSSWALKS IN CITIES WITH A
POPULATION OF ONE MILLION OR MORE LEADING TO AND FROM SCHOOL BUILDINGS
DURING TIMES OF STUDENT ARRIVAL AND DISMISSAL. SUCH SCRAMBLE CROSSWALKS
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING REQUIREMENTS:
(A) SCRAMBLE CROSSWALKS SHALL OPERATE ON WEEKDAYS BETWEEN 8:00 A.M.
AND 4:00 P.M.;
S. 8308--B 174
(B) PEDESTRIANS SHALL WAIT UNTIL A PEDESTRIAN-CONTROL SIGNAL INDICATES
A SIGN TO WALK;
(C) VEHICLES SHALL NOT TURN RIGHT AT THE INTERSECTION WHILE THE TRAF-
FIC SIGNAL INDICATES A RED LIGHT;
(D) BICYCLISTS MAY PROCEED WITH PEDESTRIANS WHEN A PEDESTRIAN-CONTROL
SIGNAL INDICATES A SIGN TO WALK, PROVIDED HOWEVER, SUCH BICYCLISTS SHALL
YIELD THE RIGHT OF WAY TO ALL PEDESTRIANS IN THE INTERSECTION;
(E) BICYCLISTS MAY PROCEED WITH VEHICULAR TRAFFIC WHILE THE TRAFFIC
SIGNAL INDICATES A GREEN LIGHT; AND
(F) SIGNS SHALL BE ERECTED AT SUCH INTERSECTIONS WITH A SCRAMBLE
CROSSWALK INDICATING THAT NO PERSON SHALL ENTER THE INTERSECTION UNLESS
A PEDESTRIAN-CONTROL SIGNAL INDICATES THAT ALL PEDESTRIANS MAY WALK.
2. FOR THE PURPOSES OF THIS SECTION, "SCRAMBLE CROSSWALK" MEANS A
CROSSWALK WITH A TRAFFIC SIGNAL WHICH TEMPORARILY STOPS ALL VEHICULAR
TRAFFIC WHILE A PEDESTRIAN-CONTROL SIGNAL INDICATES THAT ALL PEDESTRIANS
AT THE INTERSECTION SHALL CROSS THE INTERSECTION AT THE SAME TIME.
§ 2. This act shall take effect one year after it shall have become a
law.
PART FFF
Section 1. The canal law is amended by adding a new section 135 to
read as follows:
§ 135. UPSTATE RIVER BASINS CHART. THE CANAL CORPORATION, IN CONSULTA-
TION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, SHALL, BY JUNE
THIRTIETH, TWO THOUSAND TWENTY-FIVE, CREATE A CHART TO IDENTIFY, MAP AND
MODEL NORMAL AND FLOOD WATER FLOWS IN THE OSWEGO RIVER BASIN AND THE
MOHAWK RIVER BASIN, WHICH SHALL MEAN A WATERSHED IN THE STATE OF NEW
YORK COMPRISED OF ALL RIVERS, STREAMS, CREEKS, LAKES, RESERVOIRS AND THE
SURROUNDING LAND AREAS OR OTHER DRAINAGE, INCLUDING BUT NOT LIMITED TO
CANALS, THAT DRAINS OR FLOWS VIA THE OSWEGO RIVER INTO LAKE ONTARIO AND
A WATERSHED IN THE STATE OF NEW YORK COMPRISED OF ALL RIVERS, STREAMS,
CREEKS, LAKES, RESERVOIRS AND THE SURROUNDING LAND AREAS OR OTHER DRAIN-
AGE, INCLUDING BUT NOT LIMITED TO CANALS, THAT DRAINS OR FLOWS VIA THE
MOHAWK RIVER INTO THE HUDSON RIVER, RESPECTIVELY. THE CHART SHALL BE
CREATED WITH THE HYDROLOGIC ENGINEERING CENTER RIVER ANALYSIS SYSTEM
(HEC-RAS), AND BATHYMETRIC AND/OR LIGHT DETECTION AND RANGING (LIDAR)
MEASUREMENTS, AS APPLICABLE. THE CHART SHALL, IN ADDITION TO SUCH OTHER
DATA AS THE CANAL CORPORATION MAY DETERMINE TO BE INCLUDED, CONSIST OF
THE CHART AS CREATED AND REQUIRED BY THIS SECTION, TOGETHER WITH OTHER
AVAILABLE DATA ON BASINS, WHETHER ASSISTED BY THE STATE OF NEW YORK
UNDER A PROVISION OF THE LAWS OF THE STATE OF NEW YORK, OR ASSEMBLED BY
FEDERAL OR LOCAL GOVERNMENTAL OR PRIVATE AGENCIES, ALL OF WHICH SUCH
INFORMATION SHALL BE ASSEMBLED AND INTEGRATED, AS APPLICABLE, INTO A MAP
AND MODEL OF THE OSWEGO RIVER BASIN AND THE MOHAWK RIVER BASIN. ADDI-
TIONALLY, THE CANAL CORPORATION SHALL UPDATE THE CHART EVERY FIVE YEARS
AND SHALL PERIODICALLY REVIEW SUCH CHART TO ENSURE THAT IT EFFECTUATES
THE PURPOSES OF THIS SECTION. AS SOON AS PRACTICABLE, THE CANAL CORPO-
RATION SHALL MAKE THE CHART AVAILABLE TO THE PUBLIC FOR INSPECTION AND
EXAMINATION AT EVERY DIVISION OFFICE OF THE CANAL CORPORATION LOCATED IN
A COUNTY IN WHICH THE OSWEGO RIVER BASIN OR THE MOHAWK RIVER BASIN IS
WHOLLY OR PARTIALLY LOCATED IN AND ON THE CORPORATION'S WEBSITE. DIGITAL
FILES OF THE CHART, INCLUDING THE MAP AND MODEL, SHALL ALSO BE MADE
AVAILABLE, UPON REQUEST, TO THE CLERK OF EACH COUNTY, CITY, TOWN OR
VILLAGE IN WHICH THE OSWEGO RIVER BASIN OR THE MOHAWK RIVER BASIN OR A
PORTION THEREOF IS LOCATED. THE CANAL CORPORATION SHALL, BY JULY FIRST,
S. 8308--B 175
TWO THOUSAND TWENTY-FIVE, SUBMIT A REPORT OF THE FINDINGS OF THE CHART,
INCLUDING NORMAL AND FLOOD FLOWS, TO THE GOVERNOR, THE TEMPORARY PRESI-
DENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF
THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY.
§ 2. This act shall take effect immediately.
PART GGG
Section 1. Subdivisions 2 and 8 of section 237 of the vehicle and
traffic law, subdivision 2 as amended by chapter 458 of the laws of 2010
and subdivision 8 as amended by chapter 364 of the laws of 1978, are
amended to read as follows:
2. To provide for penalties other than imprisonment for (a) parking
violations in accordance with a schedule of monetary fines and penal-
ties, provided however, that monetary penalties shall not exceed fifty
dollars for each parking violation other than (i) in a city with a popu-
lation of one million or more, violations committed in spaces where
stopping or standing is prohibited for which monetary penalties shall
not exceed one hundred dollars and, (ii) handicapped parking violations
for which monetary penalties shall not exceed one hundred fifty dollars;
and (b) abandoned vehicle violations, except in a city with a population
of one million or more, provided however, that monetary penalties shall
not be less than two hundred fifty dollars nor more than one thousand
dollars for each abandoned vehicle violation; and (c) a city with a
population of one million or more may impose a monetary penalty of up to
[two hundred fifty] ONE THOUSAND dollars for [a first] EACH offense [and
up to five hundred dollars for subsequent offenses within a six month
period] for tractor-trailer combinations, tractors, truck trailers
[and], semi-trailers, AND SEMI-TRAILERS WITHOUT A TOWING VEHICLE
ATTACHED parked overnight on streets in residential neighborhoods;
8. To answer within a reasonable period of time all relevant and
reasonable inquiries made by a person charged with a parking violation
or [his] SUCH PERSON'S attorney concerning the notice of violation
served on that person. The bureau must also furnish within a reasonable
period of time to the person charged [on his] UPON request, and upon
complying with the regulations of the bureau, a copy of the original
notice of violation including all information contained thereon. Failure
by the bureau to comply with the provisions of this subdivision or any
part of the provisions of this subdivision, within forty-five days of
such inquiry, forwarded to the bureau by certified or registered mail,
return receipt requested, will result, upon the request of the person
charged, in an automatic dismissal of all charges relating to and only
to that notice of violation to which the inquiry was made. PROVIDED,
HOWEVER, THAT IN THE EVENT THAT A BUREAU OPERATING IN A CITY WITH A
POPULATION OF ONE MILLION OR MORE WHICH OPERATES IN GOOD FAITH FAILS TO
COMPLY WITH THE FIRST SENTENCE OF THIS SUBDIVISION, THAT UPON THE
REQUEST OF THE PERSON CHARGED SUCH FAILURE SHALL RESULT IN A POSTPONE-
MENT OF THE HEARING, RELATING TO AND ONLY TO THE NOTICE OF VIOLATION TO
WHICH THE INQUIRY WAS MADE, TO A DATE WITHIN THIRTY DAYS AFTER THE
BUREAU'S CORRECTION OF SUCH FAILURE RATHER THAN AN AUTOMATIC DISMISSAL
OF ALL CHARGES;
§ 2. Subdivision 2 of section 238 of the vehicle and traffic law, as
amended by chapter 224 of the laws of 1995, is amended to read as
follows:
2. A notice of violation shall be served personally upon the operator
of a motor vehicle who is present at the time of service, and [his] SUCH
S. 8308--B 176
OPERATOR'S name, together with the plate designation and the plate type
as shown by the registration plates of said vehicle and the expiration
date, PROVIDED THAT THE VEHICLE IDENTIFICATION NUMBER MAY BE INSERTED IN
SUCH NOTICE IN PLACE OF THE PLATE DESIGNATION AND PLATE TYPE IN THE
EVENT THAT NO NUMBER PLATE IS PRESENT OR THAT ALL SUCH NUMBER PLATE OR
PLATES ARE CONCEALED, OBSCURED, OR SUCH NUMBER PLATE OR PLATES HAVE NOT
BEEN ISSUED BY THE COMMISSIONER OR THE EQUIVALENT OFFICIAL FROM ANOTHER
STATE, TERRITORY, OR COUNTRY; the make or model, and, PROVIDED THAT A
BODY TYPE IS INDICATED ON THE REGISTRATION STICKER OF SAID VEHICLE, THE
body type of said vehicle; a description of the charged violation,
including but not limited to a reference to the applicable traffic rule
or provision of this chapter; information as to the days and hours the
applicable rule or provision of this chapter is in effect, unless always
in effect pursuant to rule or this chapter and where appropriate the
word ALL when the days and/or hours in effect are everyday and/or twen-
ty-four hours a day; the meter number for a meter violation, where
appropriate; and the date, time and particular place of occurrence of
the charged violation, shall be inserted therein. A mere listing of a
meter number in cases of charged meter violations shall not be deemed to
constitute a sufficient description of a particular place of occurrence
for purposes of this subdivision. The notice of violation shall be
served upon the owner of the motor vehicle if the operator is not pres-
ent, by affixing such notice to said vehicle in a conspicuous place.
Whenever such notice is so affixed, in lieu of inserting the name of the
person charged with the violation in the space provided for the iden-
tification of said person, the words "owner of the vehicle bearing
license" may be inserted to be followed by the plate designation and
plate type as shown by the registration plates of said vehicle together
with the expiration date, PROVIDED THAT IN THE EVENT THAT NO NUMBER
PLATE IS PRESENT OR THAT ALL SUCH NUMBER PLATE OR PLATES ARE CONCEALED,
OBSCURED, OR SUCH NUMBER PLATE OR PLATES HAVE NOT BEEN ISSUED BY THE
COMMISSIONER OR THE EQUIVALENT OFFICIAL FROM ANOTHER STATE, TERRITORY,
OR COUNTRY, THE VEHICLE IDENTIFICATION NUMBER MAY BE INSERTED IN SUCH
NOTICE IN PLACE OF THE PLATE DESIGNATION AND PLATE TYPE, AND SUCH NOTICE
SHALL INDICATE THE REASONING FOR INSERTION OF THE VEHICLE IDENTIFICATION
NUMBER AND MAY PROVIDE SUPPORTING PHOTOGRAPHIC DOCUMENTATION; the make
or model, and, PROVIDED THAT A BODY TYPE IS INDICATED ON THE REGISTRA-
TION STICKER OF SAID VEHICLE, THE body type of said vehicle; a
description of the charged violation, including but not limited to a
reference to the applicable traffic rule or provision of this chapter;
information as to the days and hours the applicable rule or provision of
this chapter is in effect unless always in effect pursuant to rule or
this chapter and where appropriate the word ALL when the days and/or
hours in effect are every day and/or twenty-four hours a day; the meter
number for a meter violation where appropriate; and the date, time and
particular place of occurrence of the charged violation. Service of the
notice of violation, or a duplicate thereof by affixation as herein
provided shall have the same force and effect and shall be subject to
the same penalties for disregard thereof as though the same was
personally served with the name of the person charged with the violation
inserted therein.
§ 3. Paragraph (a) of subdivision 2-a of section 238 of the vehicle
and traffic law, as added by chapter 224 of the laws of 1995, is amended
to read as follows:
(a) Notwithstanding any inconsistent provision of subdivision two of
this section, where the plate type or the expiration date are not shown
S. 8308--B 177
on either the registration plates or sticker of a vehicle or where the
registration sticker is covered, faded, defaced or mutilated so that it
is unreadable, OR CANNOT BE LOCATED ON SUCH VEHICLE, the plate type or
the expiration date may be omitted from the notice of violation;
provided, however, [such] THAT THE condition OR ABSENCE OF SUCH PLATES
OR STICKER must be so described and inserted on the notice of violation,
AND SUPPORTING PHOTOGRAPHIC DOCUMENTATION MAY BE PROVIDED.
§ 4. Subparagraph (ii) of paragraph (c) of subdivision 2-a of section
238 of the vehicle and traffic law, as added by chapter 409 of the laws
of 2001, is amended to read as follows:
(ii) Notice shall be served on the owner by mail to the last known
registered address within THE GREATER OF SIX YEARS OF THE DATE OF THE
DISMISSAL OR two years of the time that the enforcing authority discov-
ers, or could with reasonable diligence have discovered, that the
dismissal was procured due to the knowing fraud, false testimony,
misrepresentation, or other misconduct, or the knowing alteration of a
notice of parking violation, by the person so charged or [his or her]
SUCH PERSON'S agent, employee, or representative. Such notice shall fix
a time when and place where a hearing shall be held before a hearing
examiner to determine whether or not dismissal of a charged parking
violation shall be set aside. Such notice shall set forth the basis for
setting aside the dismissal and advise the owner that failure to appear
at the date and time indicated in such notice shall be deemed an admis-
sion of liability and shall result in the setting aside of the dismissal
and entry of a determination on the charged parking violation. Such
notice shall also contain a warning that civil penalties may be imposed
for the violation pursuant to this paragraph and that a default judgment
may be entered thereon.
§ 5. Section 242 of the vehicle and traffic law is amended by adding a
new subdivision 3-a to read as follows:
3-A. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, IN
CITIES HAVING A POPULATION OF ONE MILLION OR MORE PERSONS, AN ADMINIS-
TRATIVE APPEAL OF A DETERMINATION REGARDING A NOTICE OF VIOLATION THAT
HAS BEEN SERVED ON AN OWNER OR OPERATOR OF A COMMERCIAL VEHICLE, AS SUCH
TERM IS DEFINED IN SECTION 4-01 OF TITLE 34 OF THE RULES OF THE CITY OF
NEW YORK, SHALL BE CONDUCTED ONLY WHEN AN APPELLANT HAS EITHER:
(A) POSTED A BOND IN THE AMOUNT OF THE DETERMINATION APPEALED FROM; OR
(B) PAID TO THE PARKING VIOLATIONS BUREAU THE FOLLOWING PENALTIES AND
SURCHARGES, AS APPLICABLE:
(I) ANY PENALTY IMPOSED PURSUANT TO A NOTICE OF LIABILITY ISSUED
PURSUANT TO A PROGRAM AUTHORIZED BY SECTION THREE HUNDRED EIGHTY-FIVE-A,
ELEVEN HUNDRED ELEVEN-A, ELEVEN HUNDRED ELEVEN-C, ELEVEN HUNDRED
ELEVEN-C-ONE, OR ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, OTHER THAN ANY
ADDITIONAL PENALTY IMPOSED FOR FAILURE TO RESPOND TO A NOTICE OF LIABIL-
ITY WITHIN THE PRESCRIBED TIME PERIOD; AND
(II) ANY SURCHARGE LEVIED PURSUANT TO A NOTICE OF VIOLATION ISSUED IN
ACCORDANCE WITH SECTIONS EIGHTEEN HUNDRED NINE-A AND EIGHTEEN HUNDRED
NINE-B OF THIS CHAPTER.
§ 6. Subdivision 6 of section 242 of the vehicle and traffic law, as
amended by chapter 515 of the laws of 2004, is amended to read as
follows:
6. When charges have been overturned by a court or any other adminis-
trative body or officer, the party in whose favor the appeal is decided
shall be entitled to have returned an amount equal to any fine or penal-
ty imposed and collected from the parking violations bureau, EXCLUDING
ANY PENALTY COLLECTED UNDER SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDI-
S. 8308--B 178
VISION THREE-A OF THIS SECTION AFTER WHICH THE PERIOD TO CONTEST THE
NOTICE OF LIABILITY HAS EXPIRED, within thirty days of the entry of the
judgement; provided, however, that such court, administrative body or
officer shall have the authority to lessen from such amount any debt
owed by such party and shall apply this amount to any outstanding fines
and penalties owed by the same individual. If payment is not made within
thirty days, a penalty shall accrue at the same rate as that imposed for
failure to make timely payment of a fine and shall be paid by the park-
ing violations bureau. PROVIDED, HOWEVER, THAT IN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE A COURT MAY POSTPONE A PARKING VIOLATION
BUREAU'S OBLIGATION TO RETURN AN AMOUNT EQUAL TO ANY FINE OR PENALTY
IMPOSED AND COLLECTED TO A REASONABLE PERIOD OF TIME IN THE EVENT THAT
SUCH BUREAU'S OBLIGATION TO REPAY PURSUANT TO THE APPEAL EXCEEDS TEN
THOUSAND DOLLARS.
§ 7. Subdivision c of section 19-170 of the administrative code of the
city of New York, as amended by local law number 74 of the city of New
York for the year 2019, is amended to read as follows:
c. 1. Except as otherwise provided in paragraphs 2 and 3 of this
subdivision, a violation of this section shall be punishable by the
monetary fine authorized for violation of the rules and regulations of
the commissioner in paragraph 1 of subdivision a of section 2903 of the
charter.
2. A [first] violation of this section, when the commercial vehicle is
a tractor-trailer combination, tractor, truck trailer [or], semi-trail-
er, OR SEMI-TRAILER WITHOUT A TOWING VEHICLE ATTACHED, shall be punisha-
ble by a monetary [fine] PENALTY of [$250] UP TO $1,000. [Any such
subsequent violation of this section by the same owner, as defined in
paragraph a of subdivision 1 of section 239 of the vehicle and traffic
law, within a six month period shall be punishable by a monetary fine of
$500.
3. As an alternative to any other means of enforcement of this subdi-
vision authorized by law, a first violation of subdivision b of this
section, when the commercial vehicle is a tractor-trailer combination,
tractor, truck trailer or semi-trailer, shall be punishable by a civil
penalty of $400. Any such subsequent violation of subdivision b of this
section by the same owner, as defined in paragraph a of subdivision 1 of
section 239 of the vehicle and traffic law, within a six month period
shall be punishable by a civil penalty of $800. Such civil penalties
shall be recoverable in a proceeding before the office of administrative
trials and hearings.]
§ 8. Paragraph 2 of subdivision (b) of section 1204 of the vehicle and
traffic law, as amended by chapter 193 of the laws of 1974, is amended
and a new paragraph 3 is added to read as follows:
2. In any city with a population of one million or more, whenever any
police officer, or any person designated by the commissioner [of traf-
fic], finds a TRACTOR-TRAILER COMBINATION, TRACTOR, TRUCK TRAILER, semi-
trailer or trailer without a tractor or towing vehicle attached, parked
or unattended on any city street, such officer or person designated by
the commissioner [of traffic] is hereby authorized to provide for the
removal of such [semitrailer] VEHICLE or trailer to a garage, automobile
pound or other place of safety. THE OWNER OR OTHER PERSON LAWFULLY
ENTITLED TO THE POSSESSION OF SUCH VEHICLE OR TRAILER SHALL BE SUBJECT
TO A FINE OF UP TO ONE THOUSAND DOLLARS.
3. IF A TRACTOR-TRAILER COMBINATION, TRACTOR, TRUCK TRAILER, SEMI-
TRAILER OR TRAILER WITHOUT A TRACTOR OR TOWING VEHICLE ATTACHED IS
PARKED AND LEFT UNATTENDED WHILE IT IS CONNECTED TO A STATE SANCTIONED
S. 8308--B 179
FILM OR TELEVISION PRODUCTION, THE OWNER OR OTHER PERSON LAWFULLY ENTI-
TLED TO THE POSSESSION OF SUCH VEHICLE OR TRAILER SHALL NOT BE SUBJECT
TO THE ONE THOUSAND DOLLAR FINE AS PROVIDED IN PARAGRAPH TWO OF THIS
SUBDIVISION.
§ 9. This act shall take effect immediately, except that section four
of this act shall take effect and apply to any determination made on or
after the first day of the first month succeeding the sixtieth day after
it shall have become a law.
PART HHH
Section 1. This act shall be known and may be cited as the "cannabis
farmer rescue and relief act".
§ 2. Section 1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended by adding a
new section 60 to read as follows:
§ 60. CANNABIS FARMER RESCUE AND RELIEF FUND. 1. THE CANNABIS FARMER
RESCUE AND RELIEF FUND IS HEREBY CREATED. THE CORPORATION IS AUTHORIZED
AND DIRECTED, WITHIN AVAILABLE APPROPRIATIONS OF UP TO FORTY MILLION
DOLLARS, TO PROVIDE GRANTS TO CANNABIS FARMERS TO COVER ACTUAL LOSSES
RESULTING FROM THE SHORTAGE OF LICENSED CANNABIS RETAILERS, PURSUANT TO
THIS SECTION.
2. ANY MONIES COLLECTED BY THE PRESIDENT PURSUANT TO THIS SECTION
SHALL NOT BE DEEMED STATE OR CORPORATION FUNDS AND SHALL BE DEPOSITED IN
A BANK OR OTHER DEPOSITORY OF THE CORPORATION, APPROVED BY THE PRESI-
DENT, ALLOCATED PURSUANT TO THIS SECTION. MONIES IN SUCH FUND SHALL
CONSIST OF ALL MONIES APPROPRIATED FOR THE PURPOSES OF SUCH FUND AND ALL
MONIES APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND
OR SOURCE PURSUANT TO LAW. THE CORPORATION SHALL NOT COMMINGLE THE
MONIES OF SUCH FUND WITH ANY OTHER MONIES OF THE CORPORATION OR ANY
MONIES HELD IN TRUST BY THE CORPORATION. ANY AND ALL MONIES APPROPRIATED
FOR THIS FUND THAT ARE NOT DISTRIBUTED TO CANNABIS FARMERS WITHIN TWO
YEARS OF THE FUND APPLICATION BEING MADE AVAILABLE TO CANNABIS FARMERS,
SHALL BE TRANSFERRED TO THE GENERAL FUND. MONIES IN THE FUND SHALL BE
USED EXCLUSIVELY FOR THE PURPOSE OF COMPENSATION FOR ACTUAL LOSSES
INCURRED BY CANNABIS FARMERS FOR THE PERIOD APRIL FIRST, TWO THOUSAND
TWENTY-ONE THROUGH JANUARY FIRST, TWO THOUSAND TWENTY-FOUR.
3. APPLICANTS SHALL BE REQUIRED TO HAVE POSSESSED A CONDITIONAL CULTI-
VATOR LICENSE AS DEFINED IN SECTION 68-C OF THE CANNABIS LAW FROM APRIL
FIRST, TWO THOUSAND TWENTY-ONE THROUGH JANUARY FIRST, TWO THOUSAND TWEN-
TY-FOUR. APPLICANTS MUST SUBMIT THE LICENSE GRANTED BY THE OFFICE, ALONG
WITH OTHER DOCUMENTS REQUIRED BY THIS SECTION OR THE CORPORATION, WHEN
SUBMITTING AN APPLICATION FOR RELIEF UNDER THIS SECTION.
4. (A) TO BE AWARDED ANY FUNDS AVAILABLE UNDER THIS SECTION, APPLI-
CANTS MUST DEMONSTRATE ACTUAL LOSSES INCURRED FOR THE PERIOD OF APRIL
FIRST, TWO THOUSAND TWENTY-ONE THROUGH JANUARY FIRST, TWO THOUSAND TWEN-
TY-FOUR. "ACTUAL LOSSES", SHALL MEAN VERIFIABLE AND DEMONSTRABLE LOSSES
INCURRED BY THE APPLICANT, RESULTING FROM THE LOSS OF THE CANNABIS CROP
DUE TO THE SHORTAGE OF LICENSED CANNABIS RETAILERS, AND SHALL NOT
INCLUDE UNREALIZED PROFITS. THE CORPORATION, IN CONSULTATION WITH THE
OFFICE OF CANNABIS MANAGEMENT, SHALL DETERMINE HOW SUCH LOSSES SHALL BE
VERIFIED AND CALCULATED FOR THE PURPOSES OF THE FUND IN A MANNER
CONSISTENT WITH THIS SECTION.
(B) APPLICANTS UNDER THIS SECTION MAY BE REQUIRED, WITHOUT LIMITATION,
TO SUBMIT TO THE CORPORATION THE FOLLOWING RELEVANT DOCUMENTS TO SATISFY
THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION:
S. 8308--B 180
(I) CONDITIONAL CULTIVATOR LICENSE AS DEFINED IN SECTION 68-C OF THE
CANNABIS LAW;
(II) APPLICATION FOR A GRANT AWARD FROM THE CANNABIS FARMER RESCUE AND
RELIEF FUND;
(III) APPLICATION FOR CANNABIS FARMER LOSSES CREDIT;
(IV) A PROFIT AND LOSSES STATEMENT, PROVIDED THAT SUCH PROFITS AND
LOSSES STATEMENT MAY BE SUBMITTED TO THE CORPORATION FOR THE PURPOSES OF
DETERMINING WHICH EXPENSES OR LOSSES ARE ELIGIBLE;
(V) CREDIT CARD STATEMENTS;
(VI) DELINQUENCY NOTICES FROM LENDERS OF ANY LINE OF CREDIT, INCLUDING
MORTGAGE LENDERS;
(VII) PERSONAL GUARANTEES TO ANY INVESTORS;
(VIII) DEMAND LETTERS FOR PAYMENT FROM ANY SUCH INVESTORS DESCRIBED IN
SUBPARAGRAPH (VII) OF THIS PARAGRAPH;
(IX) DEMANDS FOR PAYMENT FROM VENDORS;
(X) FEDERAL OR STATE TAX RETURNS;
(XI) EVIDENCE OF RECEIPT OF ANY FORM OF GOVERNMENT ASSISTANCE; AND
(XII) ANY OTHER DOCUMENTATION DETERMINED NECESSARY BY THE CORPORATION.
(C) THE CORPORATION IN DISBURSING FUNDS UNDER THIS SECTION SHALL
CONSIDER, IN ADDITION TO THE REQUIREMENTS OF PARAGRAPH (A) OF THIS
SUBDIVISION, ANY DECREASE IN CANOPY OR GROWTH DURING THE PERIOD OF APRIL
FIRST, TWO THOUSAND TWENTY-ONE THROUGH JANUARY FIRST, TWO THOUSAND TWEN-
TY-FOUR, DUE TO A LACK OF RETAIL DISPENSARIES LICENSED DURING SUCH PERI-
OD.
(D) THE CORPORATION IN DETERMINING AWARDS OF THE FUND SHALL CONSIDER
ACTUAL LOSSES DUE TO A LACK OF RETAIL DISPENSARIES AND PRIORITIZE CANNA-
BIS FARMERS THAT ARE EXPERIENCING THE MOST FINANCIAL HARDSHIP, SUCH AS
THOSE WHO HAVE DEFAULTED ON LOANS PRIOR TO THE ENACTMENT OF THIS FUND OR
THOSE THAT TOOK OUT MORTGAGES ON THEIR HOMES TO GET INTO THE INDUSTRY.
(E) APPLICANTS UNDER THIS SECTION SHALL NOT BE ELIGIBLE FOR RELIEF IN
EXCESS OF ONE HUNDRED FIFTY THOUSAND DOLLARS.
5. THE CORPORATION SHALL ESTABLISH APPLICATION PROCEDURES WHICH SHALL
INCLUDE, BUT NOT BE LIMITED TO:
(A) CREATING A USER-FRIENDLY, AND LANGUAGE-ACCESSIBLE WEBSITE FOR
APPLICATION TO THE PROGRAM;
(B) PROVIDING NOTICE TO THE PUBLIC AT LEAST FOURTEEN DAYS PRIOR TO
CLOSING THE APPLICATION PROCESS PERIOD TO APPLICANTS;
(C) REQUIRING THAT ALL APPLICATIONS FOR THE PROGRAM SHALL BE PROCESSED
WITHIN FOUR WEEKS OF THE RECEIPT OF A COMPLETED APPLICATION. THE CORPO-
RATION SHALL PROVIDE A RESPONSE TO EACH APPLICANT ON WHETHER SUCH APPLI-
CANT IS ELIGIBLE FOR THE PROGRAM; AND
(D) ESTABLISHING PROCEDURES FOR DENIALS AND APPEALS WHICH, AT A MINI-
MUM, PROVIDE THAT:
(I) WHEN AN APPLICATION IS DENIED, THE CORPORATION SHALL INCLUDE IN
THE NOTICE OF DETERMINATION A SPECIFIC EXPLANATION AS TO THE REASON FOR
THE DENIAL AND DETAILED INSTRUCTIONS AS TO WHAT DOCUMENTATION OR DOCU-
MENTED JUSTIFICATION IS NEEDED TO REVERSE THE DETERMINATION;
(II) AN APPLICANT SHALL FILE AN APPEAL WITHIN SIXTY DAYS AFTER RECEIPT
OF THE NOTICE OF DETERMINATION;
(III) AN APPLICANT SHALL SUBMIT THE APPEALS FORM PROVIDED BY THE
CORPORATION PURSUANT TO THIS PARAGRAPH, IN ADDITION TO ANY ADDITIONAL
INFORMATION OR DOCUMENTATION REQUIRED TO SUPPORT THE APPLICANT'S POSI-
TION IN FILING THEIR APPEAL;
(IV) THE CORPORATION SHALL NOTIFY THE APPLICANT IN WRITING OF THE
DETERMINATION ON THE APPEAL OR OF THE NEED FOR ADDITIONAL INFORMATION
AND THE DATE BY WHICH THE INFORMATION MUST BE PROVIDED. SUCH NOTIFICA-
S. 8308--B 181
TION SHALL BE PROVIDED TO THE APPLICANT WITHIN THIRTY DAYS FROM THE DATE
THE CORPORATION RECEIVES THE APPEAL AND SHALL PROVIDE THE APPLICANT WITH
AT LEAST TWENTY-ONE DAYS' NOTICE TO PROVIDE ADDITIONAL INFORMATION TO
THE CORPORATION; AND
(V) THE CORPORATION SHALL NOTIFY THE APPLICANT IN WRITING OF ITS FINAL
DETERMINATION ON THE APPEAL WITHIN THIRTY DAYS FOLLOWING THE RECEIPT OF
ANY ADDITIONAL INFORMATION OR FOLLOWING EXPIRATION OF THE PERIOD FOR
PROVIDING SUCH INFORMATION.
§ 3. Section 1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended by adding a
new section 60-a to read as follows:
§ 60-A. CANNABIS FARMER LOAN PROGRAM. 1. THE CORPORATION IS AUTHORIZED
AND DIRECTED TO ESTABLISH A FUND TO BE KNOWN AS THE "CANNABIS FARMER
LOAN FUND" WHICH SHALL CONSIST OF AVAILABLE APPROPRIATIONS OF UP TO
SIXTY MILLION DOLLARS, FOR THE PROMULGATION OF THE CANNABIS FARMER LOW-
INTEREST OR ZERO-INTEREST LOAN PROGRAM. THE MONIES HELD IN OR CREDITED
TO THE FUND SHALL BE EXPENDED SOLELY FOR THE PURPOSES SET FORTH IN THIS
SECTION. THE CORPORATION SHALL NOT COMMINGLE THE MONIES OF SUCH FUND
WITH ANY OTHER MONIES OF THE CORPORATION OR ANY MONIES HELD IN TRUST BY
THE CORPORATION.
2. THE CORPORATION SHALL ALLOCATE MONIES MADE AVAILABLE FOR SUCH FUND
FOR THE PURPOSE OF PROVIDING LOW-INTEREST OR ZERO-INTEREST LOANS TO
CANNABIS FARMERS FOR THE MITIGATION OF THE EFFECTS OF ACTUAL LOSSES
RESULTING FROM THE SHORTAGE OF LICENSED CANNABIS RETAILERS PURSUANT TO
THIS SECTION. ANY AND ALL MONIES APPROPRIATED FOR THIS LOAN PROGRAM THAT
ARE NOT DISTRIBUTED TO CANNABIS FARMERS WITHIN TWO YEARS OF THE LOAN
APPLICATION BEING MADE AVAILABLE TO CANNABIS FARMERS, SHALL BE TRANS-
FERRED TO THE GENERAL FUND. ANY PRINCIPAL REPAYMENTS SHALL BE DEPOSITED
IN THE LOAN FUND ACCOUNT; ANY INTEREST EARNED BY THE CORPORATION ON
LOANS WILL BE DEPOSITED IN A SEPARATE INTEREST REPAYMENT ACCOUNT. ANY
INTEREST EARNED FROM ITS LOANS MAY BE USED BY THE CORPORATION FOR THE
COST OF ADMINISTERING THE LOAN PROGRAM AUTHORIZED BY THIS SECTION. UPON
THE FINAL REPAYMENT OF THE LOAN PROGRAM, ANY AND ALL INTEREST EARNED
SHALL BE TRANSFERRED TO THE GENERAL FUND.
3. SUCH LOANS MAY BE AWARDED AND DISTRIBUTED BY THE CORPORATION TO
CANNABIS FARMERS THAT POSSESSED A CONDITIONAL CULTIVATOR LICENSE AS
DEFINED IN SECTION 68-C OF THE CANNABIS LAW FROM APRIL FIRST, TWO THOU-
SAND TWENTY-ONE THROUGH JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, FOR THE
MITIGATION OF THE EFFECTS OF ACTUAL LOSSES RESULTING FROM THE SHORTAGE
OF LICENSED CANNABIS RETAILERS PURSUANT TO THIS SECTION, SUCH AS LACK OF
FUNDS TO PURCHASE SEED FOR THE NEXT PLANTING SEASON AND TO RETAIN JOBS
THAT MIGHT OTHERWISE BE LOST, AND ANY OTHER PURPOSE AS DETERMINED BY THE
CORPORATION. "ACTUAL LOSSES" SHALL MEAN THE LOSSES RESULTING FROM THE
LOSS OF THE CANNABIS CROP DUE TO THE SHORTAGE OF LICENSED CANNABIS
RETAILERS, AND SHALL NOT INCLUDE UNREALIZED PROFITS. THE CORPORATION
SHALL CONSIDER, IN ADDITION TO THE REQUIREMENTS OF THIS SUBDIVISION, ANY
DECREASE IN CANOPY OR GROWTH DURING THE PERIOD OF APRIL FIRST, TWO THOU-
SAND TWENTY-ONE THROUGH JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, DUE TO
A LACK OF RETAIL DISPENSARIES LICENSED DURING SUCH PERIOD. THE CORPO-
RATION IN CONSULTATION WITH THE OFFICE OF CANNABIS MANAGEMENT SHALL
DETERMINE HOW SUCH LOSSES SHALL BE VERIFIED FOR THE PURPOSES OF DETER-
MINING THE EFFECT OF LOSS FOR THE LOAN PROGRAM IN A MANNER CONSISTENT
WITH THIS SECTION.
4. APPLICANTS UNDER THIS SECTION MAY BE REQUIRED, WITHOUT LIMITATION,
TO PROVIDE TO THE CORPORATION FOR LOW-INTEREST OR ZERO-INTEREST LOAN ANY
OF THE FOLLOWING DOCUMENTS THE CORPORATION DEEMS RELEVANT:
S. 8308--B 182
(A) CONDITIONAL CULTIVATOR LICENSE AS DEFINED IN SECTION 68-C OF THE
CANNABIS LAW;
(B) APPLICATION FOR A GRANT AWARD FROM THE CANNABIS FARMER RESCUE AND
RELIEF FUND AS ESTABLISHED BY SECTION SIXTY OF THIS ACT;
(C) APPLICATION FOR CANNABIS FARMER LOSSES CREDIT;
(D) A PROFIT AND LOSSES STATEMENT, PROVIDED THAT SUCH PROFITS AND
LOSSES STATEMENT MAY BE SUBMITTED TO THE CORPORATION FOR THE PURPOSES OF
DETERMINING WHICH EXPENSES OR LOSSES ARE ELIGIBLE;
(E) CREDIT CARD STATEMENTS;
(F) DELINQUENCY NOTICES FROM LENDERS OF ANY LINE OF CREDIT, INCLUDING
MORTGAGE LENDERS;
(G) PERSONAL GUARANTEES TO ANY INVESTORS;
(H) DEMAND LETTERS FOR PAYMENT FROM ANY SUCH INVESTORS DESCRIBED IN
SUBPARAGRAPH (G) OF THIS SUBDIVISION;
(I) DEMANDS FOR PAYMENT FROM VENDORS;
(J) FEDERAL OR STATE TAX RETURNS;
(K) EVIDENCE OF RECEIPT OF ANY FORM OF GOVERNMENT ASSISTANCE; AND
(L) ANY OTHER DOCUMENTATION DETERMINED NECESSARY BY THE CORPORATION.
5. THE CORPORATION IN DETERMINING LOAN AWARDS SHALL CONSIDER WHETHER
THE LOAN WOULD ASSIST THE CANNABIS FARMER IN MAINTAINING BUSINESS OPER-
ATIONS AND WOULD BE ABLE TO MAINTAIN OPERATIONS FOR SEVERAL YEARS;
PROVIDED HOWEVER, THE CORPORATION MAY NOT AWARD LOANS TO CANNABIS FARM-
ERS THAT CANNOT ESTABLISH THAT THEY WOULD BE ABLE TO MAINTAIN BUSINESS
OPERATIONS WITH A LOAN AWARD, AS DETERMINED BY THE PRESIDENT. APPLI-
CANTS UNDER THIS SECTION SHALL NOT BE ELIGIBLE FOR A LOAN IN EXCESS OF
TWO HUNDRED FIFTY THOUSAND DOLLARS.
6. THE CORPORATION SHALL ESTABLISH APPLICATION PROCEDURES WHICH SHALL
INCLUDE, BUT NOT BE LIMITED TO:
(A) CREATING A USER-FRIENDLY, AND LANGUAGE-ACCESSIBLE WEBSITE FOR
APPLICATION TO THE PROGRAM;
(B) PROVIDING NOTICE TO THE PUBLIC AT LEAST FOURTEEN DAYS PRIOR TO
CLOSING THE APPLICATION PROCESS PERIOD TO APPLICANTS;
(C) REQUIRING THAT ALL APPLICATIONS FOR THE PROGRAM SHALL BE PROCESSED
WITHIN FOUR WEEKS OF THE RECEIPT OF A COMPLETED APPLICATION. THE CORPO-
RATION SHALL PROVIDE A RESPONSE TO EACH APPLICANT ON WHETHER SUCH APPLI-
CANT IS ELIGIBLE FOR THE PROGRAM;
(D) ESTABLISHING PROCEDURES FOR DENIALS AND APPEALS WHICH, AT A MINI-
MUM, PROVIDE THAT:
(I) WHEN AN APPLICATION IS DENIED, THE CORPORATION SHALL INCLUDE IN
THE NOTICE OF DETERMINATION A SPECIFIC EXPLANATION AS TO THE REASON FOR
THE DENIAL AND DETAILED INSTRUCTIONS AS TO WHAT DOCUMENTATION OR DOCU-
MENTED JUSTIFICATION IS NEEDED TO REVERSE THE DETERMINATION;
(II) AN APPLICANT SHALL FILE AN APPEAL WITHIN SIXTY DAYS AFTER RECEIPT
OF THE NOTICE OF DETERMINATION;
(III) AN APPLICANT SHALL SUBMIT THE APPEALS FORM PROVIDED BY THE
CORPORATION PURSUANT TO THIS PARAGRAPH, IN ADDITION TO ANY ADDITIONAL
INFORMATION OR DOCUMENTATION REQUIRED TO SUPPORT THE APPLICANT'S POSI-
TION IN FILING THEIR APPEAL;
(IV) THE CORPORATION SHALL NOTIFY THE APPLICANT IN WRITING OF THE
DETERMINATION ON THE APPEAL OR OF THE NEED FOR ADDITIONAL INFORMATION
AND THE DATE BY WHICH SUCH INFORMATION MUST BE PROVIDED. SUCH NOTIFICA-
TION SHALL BE PROVIDED TO THE APPLICANT WITHIN THIRTY DAYS FROM THE DATE
THE CORPORATION RECEIVES THE APPEAL AND SHALL PROVIDE THE APPLICANT WITH
AT LEAST TWENTY-ONE DAYS' NOTICE TO PROVIDE ADDITIONAL INFORMATION TO
THE CORPORATION; AND
S. 8308--B 183
(V) THE CORPORATION SHALL NOTIFY THE APPLICANT IN WRITING OF ITS FINAL
DETERMINATION ON THE APPEAL WITHIN THIRTY DAYS FOLLOWING THE RECEIPT OF
ANY ADDITIONAL INFORMATION OR FOLLOWING THE EXPIRATION OF THE PERIOD FOR
PROVIDING SUCH INFORMATION.
§ 4. The tax law is amended by adding a new section 49 to read as
follows:
§ 49. CANNABIS FARMER LOSSES CREDIT. (A) ELIGIBILITY. AN ELIGIBLE
CANNABIS FARMER SHALL BE ELIGIBLE FOR A CREDIT AGAINST THE TAX
IMPOSED UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAPTER, PURSUANT
TO THE PROVISIONS REFERENCED IN SUBDIVISION (C) OF THIS SECTION.
(B) DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
(1) "ELIGIBLE CANNABIS FARMER" MEANS A CORPORATION, INCLUDING A NEW
YORK S CORPORATION AS DEFINED IN SECTION TWO HUNDRED EIGHT OF THIS CHAP-
TER, A SOLE PROPRIETORSHIP, A LIMITED LIABILITY COMPANY OR A PARTNER-
SHIP WHO IS ALSO A CANNABIS FARMER.
(2) "CANNABIS FARMER" MEANS A TAXPAYER WHO WAS ISSUED AND HAD CONTROL
OVER A CONDITIONAL CULTIVATOR LICENSE AS DEFINED IN SECTION
SIXTY-EIGHT-C OF THE CANNABIS LAW.
(3) "ELIGIBLE CANNABIS FARM LOSSES" MEANS REAL LOSSES RESULTING FROM
THE DEPRECIATION OR LOSS OF THE CANNABIS CROP DUE TO THE SHORTAGE OF
POSSIBLE LICENSED CANNABIS RETAILERS, AND SHALL NOT INCLUDE UNREALIZED
PROFITS. THE DEPARTMENT SHALL ISSUE EMERGENCY REGULATIONS IN CONSULTA-
TION WITH THE OFFICE OF CANNABIS MANAGEMENT AS TO HOW SUCH LOSSES SHALL
BE CALCULATED FOR THE PURPOSES OF THIS CREDIT.
(C) ALLOWANCE OF CREDIT. FOR TAXABLE YEARS BEGINNING ON OR AFTER JANU-
ARY FIRST, TWO THOUSAND TWENTY-TWO AND ENDING BEFORE JANUARY FIRST, TWO
THOUSAND TWENTY-FOUR, AN ELIGIBLE CANNABIS FARMER SHALL BE ENTITLED TO
CLAIM A CREDIT AGAINST THEIR TAXES FOR THE VALUE OF THEIR ELIGIBLE
CANNABIS FARM LOSSES. THE VALUE OF THE CREDIT WILL BE CAPPED AT FIFTY
THOUSAND DOLLARS FOR EACH TAX YEAR THE ELIGIBLE CANNABIS FARMER HAD
ELIGIBLE CANNABIS FARM LOSSES.
(D) CLAIM FORM. THE DEPARTMENT SHALL DEVELOP A FORM TO ALLOW ELIGIBLE
CANNABIS FARMERS WHO HAD ALREADY SUBMITTED RETURNS FOR THEIR TWO THOU-
SAND TWENTY-TWO AND TWO THOUSAND TWENTY-THREE TAXES TO CLAIM THIS CREDIT
WITHOUT HAVING TO SUBMIT AN AMENDED RETURN.
(E) CROSS REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED IN THIS
SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
(1) ARTICLE 9-A: SECTION 210-B, SUBDIVISION 60.
(2) ARTICLE 22: SECTION 606, SUBSECTION (PPP).
§ 5. Section 210-B of the tax law is amended by adding a new subdivi-
sion 60 to read as follows:
60. CANNABIS FARMER LOSSES CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER
SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION
FORTY-NINE OF THIS CHAPTER, AGAINST THE TAXES IMPOSED BY THIS ARTICLE.
(B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
FOR THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
THAN THE AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF
SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER, IF THE AMOUNT OF CRED-
IT ALLOWABLE UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR REDUCES THE TAX
TO SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED
DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH
TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR
REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOUSAND
EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF
S. 8308--B 184
SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER
NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.
§ 6. Section 606 of the tax law is amended by adding a new subsection
(ppp) to read as follows:
(PPP) CANNABIS FARMER LOSSES CREDIT. (1) ALLOWANCE OF CREDIT. A
TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN
SECTION FORTY-NINE OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS
ARTICLE.
(2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER
THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT-
ED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED
EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST WILL BE
PAID THEREON.
§ 7. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new clause (li) to read as
follows:
(LI) CANNABIS FARMER LOSSES AMOUNT OF CREDIT UNDER
CREDIT UNDER SUBSECTION (PPP) SUBDIVISION SIXTY OF
SECTION TWO HUNDRED TEN-B
§ 8. This act shall take effect immediately; provided, however, that:
1. section two of this act shall expire and be deemed repealed either
when all the funds are exhausted or two years after the application
becomes available when any undistributed funds are transferred to the
general fund, whichever is earlier. The president of the New York state
urban development corporation shall notify the legislative bill drafting
commission upon the occurrence of all the funds being distributed or two
years after the application becomes available in order that the commis-
sion may maintain an accurate and timely effective database of the offi-
cial text of the laws of the state of New York in furtherance of effec-
tuating the provisions of section 44 of the legislative law and section
70-b of the public officers law; and
2. section three of this act shall expire and be deemed repealed when
all funds are repaid and any unused interest is transferred to the
general fund. The president of the New York state urban development
corporation shall notify the legislative bill drafting commission upon
the occurrence that all funds are repaid and any unused interest being
transferred to the general fund in order that the commission may main-
tain an accurate and timely effective database of the official text of
the laws of the state of New York in furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of the
public officers law.
PART III
Section 1. The environmental conservation law is amended by adding a
new article 74 to read as follows:
ARTICLE 74
SAFE WATER AND INFRASTRUCTURE ACTION PROGRAM
SECTION 74-0101. SAFE WATER AND INFRASTRUCTURE ACTION PROGRAM.
§ 74-0101. SAFE WATER AND INFRASTRUCTURE ACTION PROGRAM.
1. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER OR ANY OTHER
LAW AND SUBJECT TO AN APPROPRIATION MADE THEREFOR AND IN ACCORDANCE WITH
THE PROVISIONS OF THIS SECTION AND WITH THE RULES AND REGULATIONS
PROMULGATED BY THE COMMISSIONER IN CONNECTION THEREWITH, ON AND AFTER
S. 8308--B 185
THE FIRST DAY OF APRIL, TWO THOUSAND TWENTY-FOUR, A CONSOLIDATED LOCAL
INFRASTRUCTURE PROGRAM IS HEREBY ESTABLISHED FOR THE PURPOSE OF MAKING
PAYMENTS TOWARD THE REPLACEMENT AND REHABILITATION OF EXISTING LOCAL
MUNICIPALLY-OWNED AND FUNDED DRINKING WATER, STORM WATER AND SANITARY
SEWER SYSTEMS. FOR PURPOSES OF THIS SECTION, SUCH PROGRAM SHALL APPLY TO
ANY DRINKING WATER SYSTEM, STORM WATER SYSTEM OR SANITARY SEWER SYSTEM
WITHIN THE STATE THAT IS UNDER THE MAINTENANCE AND/OR OPERATIONAL JURIS-
DICTION OF A COUNTY, CITY, TOWN, VILLAGE OR PUBLIC AUTHORITY; PROVIDED,
HOWEVER, THAT SUCH SYSTEM SHALL NOT BE UNDER THE MAINTENANCE AND/OR
OPERATIONAL JURISDICTION OF A PRIVATE ENTITY; AND PROVIDED FURTHER, THAT
NO MORE THAN TEN PERCENT OF THE MONEYS PAID UNDER THE PROGRAM SHALL BE
PAID TOWARD REPLACEMENT AND REHABILITATION OF DRINKING WATER, STORM
WATER AND SANITARY SEWER SYSTEMS UNDER THE MAINTENANCE AND/OR OPERA-
TIONAL JURISDICTION OF ANY ONE COUNTY, CITY, TOWN, VILLAGE OR PUBLIC
AUTHORITY. THE COMMISSIONER, IN CONJUNCTION WITH THE ENVIRONMENTAL
FACILITIES CORPORATION, SHALL PROMULGATE ALL NECESSARY RULES AND REGU-
LATIONS TO CARRY OUT THE PROGRAM SO THAT AN EQUITABLE DISTRIBUTION OF
AID SHALL BE MADE FOR THE GENERAL OPERATION AND/OR GENERAL MAINTENANCE
OF ANY SUCH EXISTING DRINKING WATER SYSTEM, STORM WATER SYSTEM OR SANI-
TARY SEWER SYSTEM. EXISTING WATER INFRASTRUCTURE INCLUDES ALL THE MAN-
MADE AND NATURAL FEATURES THAT MOVE AND TREAT WATER IN TERMS OF DRINKING
WATER, WASTE WATER, AND STORM WATER. MONIES FROM THIS FUND MAY BE USED
FOR MAINTENANCE AND REPAIRS OF EXISTING WATER INFRASTRUCTURE AS WELL AS
NEW WATER INFRASTRUCTURE EXPANSION, BUT ONLY INTO ALREADY DEVELOPED
AREAS SO AS NOT TO SUPPORT SPRAWL AND DEVELOPMENT OF NATURAL AREAS.
ALREADY DEVELOPED AREAS ARE THOSE THAT ARE ZONED/DEFINED BY MUNICI-
PALITIES AS OF JANUARY FIRST, TWO THOUSAND TWENTY-FOUR AS COMMERCIAL AND
RESIDENTIAL USE.
2. ON OR BEFORE THE TWENTY-FIFTH DAY OF APRIL, JUNE, SEPTEMBER AND
NOVEMBER OF EACH STATE FISCAL YEAR COMMENCING WITH THE STATE FISCAL YEAR
BEGINNING ON APRIL FIRST, TWO THOUSAND TWENTY-FIVE, THERE SHALL BE
DISTRIBUTED AND PAID TO COUNTIES, CITIES, TOWNS, VILLAGES AND PUBLIC
AUTHORITIES AN AMOUNT EQUAL TO THE MONEYS APPROPRIATED FOR THE PURPOSES
OF THIS SECTION DIVIDED BY THE NUMBER OF PAYMENT DATES IN THAT STATE
FISCAL YEAR. SUCH AMOUNTS SHALL BE DISTRIBUTED AND PAID PURSUANT TO
SUBDIVISION THREE OF THIS SECTION.
3. AMOUNTS SHALL BE DISTRIBUTED FOR LOCAL DRINKING WATER, STORM WATER
AND SANITARY SEWER SYSTEMS BASED UPON A FUNDING FORMULA THAT THE DEPART-
MENT AND THE DEPARTMENT OF HEALTH SHALL CREATE TAKING INTO CONSIDERATION
FACTORS INCLUDING BUT NOT LIMITED TO: THE SYSTEM'S LENGTH AND WIDTH OF
PIPES; OTHER PHYSICAL ASSETS MAINTAINED BY THE SYSTEM, INCLUDING TREAT-
MENT FACILITIES AND PUMPING STATIONS; THE AGE OF THE SYSTEM'S INFRAS-
TRUCTURE; AND RELEVANT SOCIOECONOMIC FACTORS, INCLUDING THE PRESENCE OF
DISADVANTAGED COMMUNITIES WITHIN A SYSTEM'S SERVICE AREA, TO ACHIEVE AN
EQUITABLE DISTRIBUTION OF AID.
4. MONIES MADE AVAILABLE MAY BE USED TO MATCH OTHER STATE AND FEDERAL
FUNDS MADE AVAILABLE FOR SUCH PROJECTS. THE REMAINDER OF THE APPORTION-
MENT MAY BE USED FOR ANY EXISTING DRINKING WATER, STORM WATER OR SEWER
SYSTEM PURCHASES, INCLUDING BUT NOT LIMITED TO, THE ACQUISITION OF MATE-
RIALS FOR THE REPLACEMENT OR REHABILITATION.
5. FOR ANY CITY, TOWN, VILLAGE OR PUBLIC AUTHORITY WHICH PROPOSES
INFRASTRUCTURE CONSOLIDATION UNDER THIS SECTION OR MERGES WITH ANOTHER
MUNICIPALITY, THE FUNDS APPROPRIATED UNDER THIS SECTION MAY FUND COSTS
ASSOCIATED WITH SUCH CONSOLIDATION.
S. 8308--B 186
6. FOR EACH FISCAL YEAR, STARTING IN TWO THOUSAND TWENTY-FIVE, FUNDS
ARE TO BE MADE AVAILABLE TO THE LOCAL INFRASTRUCTURE ASSISTANCE ACCOUNT
OF THE GENERAL FUND, AND DISTRIBUTED FROM THAT ACCOUNT.
7. AT THE END OF EACH FISCAL YEAR, EACH COUNTY, CITY, TOWN, VILLAGE
AND PUBLIC AUTHORITY THAT RECEIVES FUNDING PURSUANT TO THIS SECTION
SHALL SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT DETAILING HOW SUCH MONEY
WAS USED. THE DEPARTMENT SHALL COMPILE ALL REPORTS AND SUBMIT THEM TO
THE COMPTROLLER FOR THEIR REVIEW. ONCE A REPORT IS FINALIZED, IT SHALL
BE MADE PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE. THE DEPARTMENT
AND THE COMPTROLLER SHALL RESERVE THE RIGHT TO CONDUCT SITE VISITS TO
ENSURE THE MONEY IS BEING USED ACCURATELY.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through III of this act shall
be as specifically set forth in the last section of such Parts.
2023-S8308C (ACTIVE) - Details
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2023-S8308C (ACTIVE) - Summary
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2024-2025 state fiscal year; extends the effectiveness of certain provisions relating to the financing of mass transportation by certain municipal corporations (Part A); provides for mass transportation payments to the Capital District Transportation District; adds Warren county to such district (Part E)
2023-S8308C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 8308--C A. 8808--C
S E N A T E - A S S E M B L Y
January 17, 2024
___________
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 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- 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 --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee -- again reported from
said committee with amendments, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend part PP of chapter 54 of the laws of 2016 amending the
public authorities law and the general municipal law relating to the
New York transit authority and the metropolitan transportation author-
ity, in relation to extending provisions of law relating to certain
tax increment financing provisions (Part A); intentionally omitted
(Part B); intentionally omitted (Part C); intentionally omitted (Part
D); to amend part I of chapter 413 of the laws of 1999, relating to
providing for mass transportation payments, in relation to the amount
of payments in the Capital District Transportation District and
adding Warren County to such District (Part E); to amend chapter 751
of the laws of 2005, amending the insurance law and the vehicle and
traffic law relating to establishing the accident prevention course
internet technology pilot program, in relation to the effectiveness
thereof (Part F); to amend part U1 of chapter 62 of the laws of 2003,
amending the vehicle and traffic law and other laws relating to
increasing certain motor vehicle transaction fees, in relation to the
effectiveness thereof; and to amend part B of chapter 84 of the laws
of 2002, amending the state finance law relating to the costs of the
department of motor vehicles, in relation to the effectiveness thereof
(Part G); intentionally omitted (Part H); intentionally omitted (Part
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12673-05-4
S. 8308--C 2 A. 8808--C
I); 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 effectiveness thereof (Part J); to amend the transpor-
tation law and the vehicle and traffic law, in relation to enacting
the stretch limousine passenger safety act; and providing for the
repeal of certain provisions upon expiration thereof (Part K); to
amend the executive law, the criminal procedure law, the retirement
and social security law and the tax law, in relation to creating the
Waterfront Commission Act; and to repeal chapter 882 of the laws of
1953 relating to waterfront employment and air freight industry regu-
lation (Part L); to amend part DDD of chapter 55 of the laws of 2021
amending the public authorities law relating to the clean energy
resources development and incentives program, in relation to the
effectiveness thereof; and to amend the public authorities law, in
relation to renewable energy generation projects and qualified energy
storage systems (Part M); in relation to authorizing the New York
state energy research and development authority to finance a portion
of its research, development and demonstration, policy and planning,
and Fuel NY program, as well as climate change related expenses of the
department of environmental conservation from an assessment on gas and
electric corporations (Part N); to amend the public service law, the
eminent domain procedure law, the energy law, the environmental
conservation law, the public authorities law, and the labor law, in
relation to transferring the functions of the office of renewable
energy siting to the department of public service and accelerating the
permitting of electric utility transmission facilities; to repeal
certain provisions of the executive law and the public service law
relating thereto; and providing for the repeal of certain provisions
upon expiration thereof (Part O); intentionally omitted (Part P); to
authorize utility and cable television assessments that provide funds
to the department of health from cable television assessment revenues
and to the department of agriculture and markets, department of envi-
ronmental conservation, department of state, and the office of parks,
recreation and historic preservation from utility assessment revenues;
and providing for the repeal of such provisions upon expiration there-
of (Part Q); intentionally omitted (Part R); to amend the environ-
mental conservation law, in relation to authorizing state assistance
payments toward climate smart community projects of up to eighty
percent to municipalities that meet criteria relating to financial
hardship or disadvantaged communities (Part S); to amend the environ-
mental conservation law, in relation to air quality control program
fees and ozone non-attainment fee programs; to amend the state finance
law, in relation to establishing the air quality improvement fund; and
to repeal certain provisions of the environmental conservation law and
the state finance law relating thereto (Part T); intentionally omitted
(Part U); to amend chapter 584 of the laws of 2011, amending the
public authorities law relating to the powers and duties of the dormi-
tory authority of the state of New York relative to the establishment
of subsidiaries for certain purposes, in relation to the effectiveness
thereof (Part V); to amend the public authorities law, in relation to
the Battery Park city authority (Part W); to amend the economic devel-
opment law, in relation to increasing the cap on grants to entrepren-
eurship assistance centers (Part X); to amend chapter 261 of the laws
of 1988, amending the state finance law and other laws relating to
the New York state infrastructure trust fund, in relation to the
effectiveness thereof (Part Y); to amend the New York state urban
S. 8308--C 3 A. 8808--C
development corporation act, in relation to extending the authority
of the New York state urban development corporation to administer the
empire state economic development fund (Part Z); 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 AA); to amend chapter 495 of the laws of 2004, amending
the insurance law and the public health law relating to the New York
state health insurance continuation assistance demonstration project,
in relation to the effectiveness thereof (Part BB); intentionally
omitted (Part CC); intentionally omitted (Part DD); to amend the
insurance law, in relation to cost sharing for covered prescription
insulin drugs (Part EE); intentionally omitted (Part FF); inten-
tionally omitted (Part GG); intentionally omitted (Part HH); inten-
tionally omitted (Part II); intentionally omitted (Part JJ); to amend
part WW of chapter 56 of the laws of 2022 amending the public officers
law relating to permitting videoconferencing and remote participation
in public meetings under certain circumstances, in relation to extend-
ing the provisions thereof (Part KK); to amend the insurance law, in
relation to reinsurance, distribution for life insurers, and assess-
ments; and to amend the tax law, in relation to the credit relating to
life and health insurance guaranty corporation assessments (Part LL);
to amend the civil rights law, in relation to privacy rights involving
digitization (Subpart A); and to amend the election law, in relation
to digitization in political communications (Subpart B)(Part MM); to
amend the insurance law, in relation to rates for livery insurance
(Part NN); to amend the New York state urban development corporation
act, in relation to internships for the regional economic development
partnership program (Part OO); to amend the tax law, in relation to
establishing a sales tax exemption for residential energy storage; and
providing for the repeal of such provisions upon expiration thereof
(Part PP); in relation to directing the New York state energy research
and development authority to conduct a highway and depot charging
needs evaluation (Part QQ); in relation to authorizing the state to
consent to binding arbitration with respect to certain contracts,
agreements or instruments adopted by the Gateway Development Commis-
sion (Part RR); to amend the public authorities law, in relation to
establishing a local authorities searchable subsidy and economic
development benefits database (Subpart A); and to amend the public
authorities law, in relation to the applicability of open meetings and
freedom of information laws to certain state and local authorities
(Subpart B) (Part SS); and to amend the economic development law and
the urban development corporation act, in relation to establishing the
New York state empire artificial intelligence research program and the
empire AI consortium; and in relation to the plan of operation and
financial oversight of the empire AI consortium; and providing for the
repeal of certain provisions upon expiration thereof (Subpart A); and
in relation to authorizing the state university of New York at Buffalo
to lease a portion of lands to the empire AI consortium to create and
launch a state-of-the-art artificial intelligence computing center
(Subpart B) (Part TT)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
S. 8308--C 4 A. 8808--C
Section 1. This act enacts into law major components of legislation
necessary to implement the state transportation, economic development
and environmental conservation budget for the 2024-2025 state fiscal
year. Each component is wholly contained within a Part identified as
Parts A through TT. The effective date for each particular provision
contained within such Part is set forth in the last section of such
Part. Any provision in any section contained within a Part, including
the effective date of the Part, which makes a reference to a section "of
this act", when used in connection with that particular component, shall
be deemed to mean and refer to the corresponding section of the Part in
which it is found. Section three of this act sets forth the general
effective date of this act.
PART A
Section 1. Section 3 of part PP of chapter 54 of the laws of 2016
amending the public authorities law and the general municipal law relat-
ing to the New York transit authority and the metropolitan transporta-
tion authority, as amended by section 1 of part C of chapter 58 of the
laws of 2023, is amended to read as follows:
§ 3. This act shall take effect immediately; provided that the amend-
ments to subdivision 1 of section 119-r of the general municipal law
made by section two of this act shall expire and be deemed repealed
April 1, [2024] 2025, and provided further that such repeal shall not
affect the validity or duration of any contract entered into before that
date pursuant to paragraph f of such subdivision.
§ 2. This act shall take effect immediately.
PART B
Intentionally Omitted
PART C
Intentionally Omitted
PART D
Intentionally Omitted
PART E
Section 1. Section 1 of part I of chapter 413 of the laws of 1999,
relating to providing for mass transportation payments, as amended by
section 1 of part E of chapter 58 of the laws of 2022, is amended to
read as follows:
Section 1. Notwithstanding any other law, rule or regulation to the
contrary, payment of mass transportation operating assistance pursuant
to section 18-b of the transportation law shall be subject to the
provisions contained herein and the amounts made available therefor by
appropriation.
In establishing service and usage formulas for distribution of mass
transportation operating assistance, the commissioner of transportation
S. 8308--C 5 A. 8808--C
may combine and/or take into consideration those formulas used to
distribute mass transportation operating assistance payments authorized
by separate appropriations in order to facilitate program administration
and to ensure an orderly distribution of such funds.
To improve the predictability in the level of funding for those
systems receiving operating assistance payments under service and usage
formulas, the commissioner of transportation is authorized with the
approval of the director of the budget, to provide service payments
based on service and usage statistics of the preceding year.
In the case of a service payment made, pursuant to section 18-b of the
transportation law, to a regional transportation authority on account of
mass transportation services provided to more than one county (consider-
ing the city of New York to be one county), the respective shares of the
matching payments required to be made by a county to any such authority
shall be as follows:
Percentage
of Matching
Local Jurisdiction Payment
--------------------------------------------
In the Metropolitan Commuter
Transportation District:
New York City ................ 6.40
Dutchess ..................... 1.30
Nassau ....................... 39.60
Orange ....................... 0.50
Putnam ....................... 1.30
Rockland ..................... 0.10
Suffolk ...................... 25.70
Westchester .................. 25.10
In the Capital District Trans-
portation District:
Albany ....................... [55.27] 54.05
Rensselaer ................... [22.96] 22.45
Saratoga ..................... [4.04] 3.95
Schenectady .................. [16.26] 15.90
Montgomery ................... [1.47] 1.44
WARREN ....................... 2.21
In the Central New York Re-
gional Transportation Dis-
trict:
Cayuga ....................... 5.11
Onondaga ..................... 75.83
Oswego ....................... 2.85
Oneida ....................... 16.21
In the Rochester-Genesee Re-
gional Transportation Dis-
trict:
Genesee ...................... 1.36
Livingston ................... .90
Monroe ....................... 90.14
Wayne ........................ .98
Wyoming ...................... .51
Seneca ....................... .64
Orleans ...................... .77
Ontario ...................... 4.69
S. 8308--C 6 A. 8808--C
In the Niagara Frontier Trans-
portation District: Erie ......................... 89.20
Niagara ...................... 10.80
Notwithstanding any other inconsistent provisions of section 18-b of
the transportation law or any other law, any moneys provided to a public
benefit corporation constituting a transportation authority or to other
public transportation systems in payment of state operating assistance
or such lesser amount as the authority or public transportation system
shall make application for, shall be paid by the commissioner of trans-
portation to such authority or public transportation system in lieu, and
in full satisfaction, of any amounts which the authority would otherwise
be entitled to receive under section 18-b of the transportation law.
Notwithstanding the reporting date provision of section 17-a of the
transportation law, the reports of each regional transportation authori-
ty and other major public transportation systems receiving mass trans-
portation operating assistance shall be submitted on or before July 15
of each year in the format prescribed by the commissioner of transporta-
tion. Copies of such reports shall also be filed with the chairpersons
of the senate finance committee and the assembly ways and means commit-
tee and the director of the budget. The commissioner of transportation
may withhold future state operating assistance payments to public trans-
portation systems or private operators that do not provide such reports.
Payments may be made in quarterly installments as provided in subdivi-
sion 2 of section 18-b of the transportation law or in such other manner
and at such other times as the commissioner of transportation, with the
approval of the director of the budget, may provide; and where payment
is not made in the manner provided by such subdivision 2, the matching
payments required of any city, county, Indian tribe or intercity bus
company shall be made within 30 days of the payment of state operating
assistance pursuant to this section or on such other basis as may be
agreed upon by the commissioner of transportation, the director of the
budget, and the chief executive officer of such city, county, Indian
tribe or intercity bus company.
The commissioner of transportation shall be required to annually eval-
uate the operating and financial performance of each major public trans-
portation system. Where the commissioner's evaluation process has iden-
tified a problem related to system performance, the commissioner may
request the system to develop plans to address the performance deficien-
cies. The commissioner of transportation may withhold future state oper-
ating assistance payments to public transportation systems or private
operators that do not provide such operating, financial, or other infor-
mation as may be required by the commissioner to conduct the evaluation
process.
Payments shall be made contingent upon compliance with regulations
deemed necessary and appropriate, as prescribed by the commissioner of
transportation and approved by the director of the budget, which shall
promote the economy, efficiency, utility, effectiveness, and coordinated
service delivery of public transportation systems. The chief executive
officer of each public transportation system receiving a payment shall
certify to the commissioner of transportation, in addition to informa-
tion required by section 18-b of the transportation law, such other
information as the commissioner of transportation shall determine is
necessary to determine compliance and carry out the purposes herein.
Counties, municipalities or Indian tribes that propose to allocate
service payments to operators on a basis other than the amount earned by
S. 8308--C 7 A. 8808--C
the service payment formula shall be required to describe the proposed
method of distributing governmental operating aid and submit it one
month prior to the start of the operator's fiscal year to the commis-
sioner of transportation in writing for review and approval prior to the
distribution of state aid. The commissioner of transportation shall only
approve alternate distribution methods which are consistent with the
transportation needs of the people to be served and ensure that the
system of private operators does not exceed established maximum service
payment limits. Copies of such approvals shall be submitted to the
chairpersons of the senate finance and assembly ways and means commit-
tees.
Notwithstanding the provisions of subdivision 4 of section 18-b of the
transportation law, the commissioner of transportation is authorized to
continue to use prior quarter statistics to determine current quarter
payment amounts, as initiated in the April to June quarter of 1981. In
the event that actual revenue passengers and actual total number of
vehicle, nautical or car miles are not available for the preceding quar-
ter, estimated statistics may be used as the basis of payment upon
approval by the commissioner of transportation. In such event, the
succeeding payment shall be adjusted to reflect the difference between
the actual and estimated total number of revenue passengers and vehicle,
nautical or car miles used as the basis of the estimated payment. The
chief executive officer may apply for less aid than the system is eligi-
ble to receive. Each quarterly payment shall be attributable to operat-
ing expenses incurred during the quarter in which it is received, unless
otherwise specified by such commissioner. In the event that a public
transportation system ceases to participate in the program, operating
assistance due for the final quarter that service is provided shall be
based upon the actual total number of revenue passengers and the actual
total number of vehicle, nautical or car miles carried during that quar-
ter.
Payments shall be contingent on compliance with audit requirements
determined by the commissioner of transportation.
In the event that an audit of a public transportation system or
private operator receiving funds discloses the existence of an overpay-
ment of state operating assistance, regardless of whether such an over-
payment results from an audit of revenue passengers and the actual
number of revenue vehicle miles statistics, or an audit of private oper-
ators in cases where more than a reasonable return based on equity or
operating revenues and expenses has resulted, the commissioner of trans-
portation, in addition to recovering the amount of state operating
assistance overpaid, shall also recover interest, as defined by the
department of taxation and finance, on the amount of the overpayment.
Notwithstanding any other law, rule or regulation to the contrary,
whenever the commissioner of transportation is notified by the comp-
troller that the amount of revenues available for payment from an
account is less than the total amount of money for which the public mass
transportation systems are eligible pursuant to the provisions of
section 88-a of the state finance law and any appropriations enacted for
these purposes, the commissioner of transportation shall establish a
maximum payment limit which is proportionally lower than the amounts set
forth in appropriations.
Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
of the state finance law and any other general or special law, payments
may be made in quarterly installments or in such other manner and at
S. 8308--C 8 A. 8808--C
such other times as the commissioner of transportation, with the
approval of the director of the budget may prescribe.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024.
PART F
Section 1. Section 5 of chapter 751 of the laws of 2005, amending the
insurance law and the vehicle and traffic law relating to establishing
the accident prevention course internet technology pilot program, as
amended by section 1 of part O of chapter 58 of the laws of 2022, is
amended to read as follows:
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and be deemed repealed April
1, [2024] 2026; provided that any rules and regulations necessary to
implement the provisions of this act on its effective date are author-
ized and directed to be completed on or before such date.
§ 2. This act shall take effect immediately.
PART G
Section 1. Section 13 of part U1 of chapter 62 of the laws of 2003,
amending the vehicle and traffic law and other laws relating to increas-
ing certain motor vehicle transaction fees, as amended by section 1 of
part P of chapter 58 of the laws of 2022, is amended to read as follows:
§ 13. This act shall take effect immediately; provided however that
sections one through seven of this act, the amendments to subdivision 2
of section 205 of the tax law made by section eight of this act, and
section nine of this act shall expire and be deemed repealed on April 1,
[2024] 2026; provided further, however, that the provisions of section
eleven of this act shall take effect April 1, 2004 and shall expire and
be deemed repealed on April 1, [2024] 2026.
§ 2. Section 2 of part B of chapter 84 of the laws of 2002, amending
the state finance law relating to the costs of the department of motor
vehicles, as amended by section 2 of part P of chapter 58 of the laws of
2022, is amended to read as follows:
§ 2. This act shall take effect April 1, 2002; provided, however, if
this act shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after April 1, 2002; provided further, however, that this act shall
expire and be deemed repealed on April 1, [2024] 2026.
§ 3. This act shall take effect immediately.
PART H
Intentionally Omitted
PART I
Intentionally Omitted
PART J
S. 8308--C 9 A. 8808--C
Section 1. Section 3 of part FF of chapter 55 of the laws of 2017,
relating to motor vehicles equipped with autonomous vehicle technology,
as amended by section 1 of part J of chapter 58 of the laws of 2023, is
amended to read as follows:
§ 3. This act shall take effect April 1, 2017; provided, however, that
section one of this act shall expire and be deemed repealed April 1,
[2024] 2026.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024.
PART K
Section 1. Short title. This act shall be known and may be cited as
the "stretch limousine passenger safety act".
§ 2. Subdivision 9 of section 138 of the transportation law, as
amended by chapter 12 of the laws of 2020, is amended to read as
follows:
9. To maintain and annually update its website to provide information
with regard to each bus operator or motor carrier under subparagraphs
(ii) and (vi) of paragraph a of subdivision two of section one hundred
forty of this article requiring department operating authority that
includes the bus operator's or motor carrier's name, number of
inspections, number of out of service orders, operator identification
number, location and region of operation including place of address,
percentile to which an operator or motor carrier falls with respect to
out of service defects, the number or percentage of out of service
defects where pursuant to the commissioner's regulations no inspection
certificate shall be issued until the defect is repaired and a re-in-
spection is conducted, and the number of serious physical injury or
fatal crashes involving a for-hire vehicle requiring operating authority
pursuant to this article, AND A LINK TO ACCESS PUBLICLY AVAILABLE INFOR-
MATION ON SAFETY FITNESS STANDARDS AND MOTOR CARRIER SAFETY AND PERFORM-
ANCE DATA MAINTAINED BY THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION PURSUANT TO PART THREE
HUNDRED EIGHTY-FIVE OF TITLE FORTY-NINE OF THE CODE OF FEDERAL REGU-
LATIONS.
§ 3. Subparagraph (iii) of paragraph (b) of subdivision 10 of section
138 of the transportation law, as added by chapter 5 of the laws of
2020, is amended to read as follows:
(iii) In consultation and cooperation with the commissioner of motor
vehicles, the commissioner shall report on safety issues reported to
such website, and toll-free hotline and related investigations summariz-
ing (A) the total number of safety issue reports received and the type
of safety issues reported; (B) the total number of safety issue reports
received and the type of safety issues reported where the commissioner
or the commissioner of motor vehicles, as applicable, verified the
information provided; (C) enforcement actions and other responses taken
by the commissioner or the commissioner of motor vehicles, as applica-
ble, to safety issue reports received where the commissioner or the
commissioner of motor vehicles, as applicable, has verified such infor-
mation; and (D) the length of time between the receipt of safety issue
reports from such website, or hotline and enforcement action or other
response by the commissioner or the commissioner of motor vehicles, as
applicable. Such report shall be made publicly available on the depart-
ment's website in a searchable format, [and] shall be published no less
than once annually, AND SHALL COMPARE THE PREVIOUS THREE YEARS OF REPORT
S. 8308--C 10 A. 8808--C
DATA TO THE EXTENT APPLICABLE. Such report may also be included within
the department's annual report submitted pursuant to subdivision thir-
teen of section fourteen of this chapter.
§ 4. Subparagraph (i) of paragraph b of subdivision 9 of section 140
of the transportation law, as amended by chapter 9 of the laws of 2020,
is amended and a new subparagraph (i-a) is added to read as follows:
(i) Whenever an altered motor vehicle commonly referred to as a
"stretch limousine" has failed an inspection and been placed out-of-ser-
vice, the commissioner may direct a police officer or [his or her] agent
OF SUCH COMMISSIONER to immediately secure possession of the number
plates of such vehicle and return the same to the commissioner of motor
vehicles. The commissioner shall notify the commissioner of motor vehi-
cles to that effect, and the commissioner of motor vehicles shall there-
upon suspend the registration of such vehicle until such time as the
commissioner gives notice that the out-of-service defect has been satis-
factorily adjusted. Provided, however, that the commissioner shall give
notice and an opportunity to be heard within not more than thirty days
of the suspension. Failure of the holder or of any person possessing
such plates to deliver to the commissioner or [his or her] agent OF SUCH
COMMISSIONER who requests the same pursuant to this paragraph shall be a
misdemeanor. The commissioner of motor vehicles shall have the authority
to deny a registration or renewal application to any other person for
the same vehicle where it has been determined that such registrant's
intent has been to evade the purposes of this paragraph and where the
commissioner of motor vehicles has reasonable grounds to believe that
such registration or renewal will have the effect of defeating the
purposes of this paragraph. The procedure on any such suspension shall
be the same as in the case of a suspension under the vehicle and traffic
law. [Operation of such motor vehicle while under suspension as
provided in this subdivision shall constitute a class A misdemeanor.]
(I-A) NO PERSON, CORPORATION, LIMITED LIABILITY COMPANY OR BUSINESS
ENTITY, JOINT STOCK ASSOCIATION, PARTNERSHIP, OR ANY OFFICER OR AGENT
THEREOF, SHALL OPERATE OR KNOWINGLY ALLOW, REQUIRE, PERMIT OR AUTHORIZE
ANY PERSON TO OPERATE A MOTOR VEHICLE WHILE UNDER SUSPENSION AS PROVIDED
IN THIS SUBDIVISION. A VIOLATION OF THIS SUBPARAGRAPH SHALL CONSTITUTE A
CLASS A MISDEMEANOR PUNISHABLE BY A FINE OF NOT LESS THAN FIVE THOUSAND
DOLLARS NOR MORE THAN TWENTY-FIVE THOUSAND DOLLARS IN ADDITION TO ANY
OTHER PENALTIES PROVIDED BY LAW.
§ 5. Section 375 of the vehicle and traffic law is amended by adding a
new subdivision 55 to read as follows:
55. STRETCH LIMOUSINE ROLL-OVER PROTECTION DEVICES AND ANTI-INTRU-
SION BARS. (A) EVERY STRETCH LIMOUSINE REGISTERED IN THIS STATE SHALL
BE EQUIPPED WITH ROLL-OVER PROTECTION DEVICES AND ANTI-INTRUSION BARS
WITHIN NO LATER THAN ONE YEAR OF THE DATE UPON WHICH THE NATIONAL HIGH-
WAY TRAFFIC SAFETY ADMINISTRATION PROMULGATES FINAL REGULATIONS ESTAB-
LISHING STANDARDS FOR COMMERCIAL ROLL-OVER PROTECTION DEVICES AND ANTI-
INTRUSION BARS.
(B) FOR THE PURPOSES OF THIS SUBDIVISION "STRETCH LIMOUSINE" SHALL
MEAN AN ALTERED MOTOR VEHICLE HAVING A SEATING CAPACITY OF NINE OR MORE
PASSENGERS, INCLUDING THE DRIVER, COMMONLY REFERRED TO AS A "STRETCH
LIMOUSINE" AND WHICH IS USED IN THE BUSINESS OF TRANSPORTING PASSENGERS
FOR COMPENSATION.
§ 6. Section 375 of the vehicle and traffic law is amended by adding a
new subdivision 56 to read as follows:
56. STRETCH LIMOUSINE ADDITIONAL EQUIPMENT REQUIREMENTS. (A) EVERY
STRETCH LIMOUSINE REGISTERED IN THIS STATE SHALL BE EQUIPPED WITH AN
S. 8308--C 11 A. 8808--C
ACCESSIBLE WINDOW BREAK TOOL AND AN OPERATIONAL FIRE EXTINGUISHER, AND
THE DRIVER AND PASSENGER PARTITION OF EVERY SUCH STRETCH LIMOUSINE SHALL
BE ACCESSIBLE TO REACH AN EMERGENCY EGRESS FROM SUCH VEHICLE IF OTHER
FORMS OF EGRESS SUCH AS A ROOF HATCH ARE NOT AVAILABLE IN SUCH STRETCH
LIMOUSINE.
(B) FOR THE PURPOSES OF THIS SUBDIVISION:
(I) "STRETCH LIMOUSINE" SHALL MEAN AN ALTERED MOTOR VEHICLE HAVING A
SEATING CAPACITY OF NINE OR MORE PASSENGERS, INCLUDING THE DRIVER,
COMMONLY REFERRED TO AS A "STRETCH LIMOUSINE" AND WHICH IS USED IN THE
BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION; AND
(II) "WINDOW BREAK TOOL" SHALL MEAN A TOOL THAT CAN BE USED TO OPEN
THE WINDOWS OF A STRETCH LIMOUSINE IN THE EVENT OF AN EMERGENCY.
§ 7. Section 375 of the vehicle and traffic law is amended by adding a
new subdivision 57 to read as follows:
57. STRETCH LIMOUSINE AGE AND MILEAGE PARAMETERS. (A) IT SHALL BE
UNLAWFUL TO OPERATE OR CAUSE TO BE OPERATED A STRETCH LIMOUSINE REGIS-
TERED IN THIS STATE ON ANY PUBLIC HIGHWAY OR PRIVATE ROAD OPEN TO PUBLIC
MOTOR VEHICLE TRAFFIC IF THE VEHICLE IS MORE THAN TEN YEARS OLD OR THE
CUMULATIVE MILEAGE REGISTERED ON THE VEHICLE'S ODOMETER EXCEEDS THREE
HUNDRED FIFTY THOUSAND MILES, WHICHEVER OCCURS FIRST.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, "STRETCH LIMOUSINE" SHALL
MEAN AN ALTERED MOTOR VEHICLE HAVING A SEATING CAPACITY OF NINE OR MORE
PASSENGERS, INCLUDING THE DRIVER, COMMONLY REFERRED TO AS A "STRETCH
LIMOUSINE" AND WHICH IS USED IN THE BUSINESS OF TRANSPORTING PASSENGERS
FOR COMPENSATION.
(C)(I) A STRETCH LIMOUSINE WITH AN ODOMETER READING THAT DIFFERS FROM
THE NUMBER OF MILES THE STRETCH LIMOUSINE HAS ACTUALLY TRAVELED OR THAT
HAS HAD A PRIOR HISTORY INVOLVING THE DISCONNECTION OR MALFUNCTIONING OF
AN ODOMETER OR WHICH APPEARS TO THE COMMISSIONER TO HAVE AN INACCURATE
ODOMETER READING BASED ON PRIOR INSPECTION RECORDS, WILL BE ASSIGNED AN
IMPUTED MILEAGE FOR EACH MONTH FROM THE LAST RELIABLE ODOMETER RECORDING
THROUGH THE DATE OF INSPECTION, AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH. A MOTOR CARRIER MAY SEEK REVIEW OF THE DETERMINATION TO
ASSIGN IMPUTED MILEAGE AS PROVIDED PURSUANT TO ARTICLE SIX OF THE TRANS-
PORTATION LAW AND RULES AND REGULATIONS PROMULGATED THEREUNDER.
(II) THE IMPUTED MILEAGE SHALL BE CALCULATED BY ADDING THE MILEAGE OF
THE STRETCH LIMOUSINE RECORDED AT THE TWO MOST RECENT STRETCH LIMOUSINE
INSPECTIONS, INCLUDING ROADSIDE INSPECTIONS CONDUCTED BY THE COMMISSION-
ER OF TRANSPORTATION OR DIVISION OF STATE POLICE, WHICHEVER IS MORE
RECENT, AND DIVIDING THAT SUM BY TWENTY-FOUR. THE QUOTIENT IS THE IMPUT-
ED MONTHLY MILEAGE.
(III) UNLESS OTHERWISE PROVIDED BY THE COMMISSIONER OF TRANSPORTATION,
A STRETCH LIMOUSINE MAY NOT BE OPERATED OR CAUSED TO BE OPERATED TO
TRANSPORT PASSENGERS FOR COMPENSATION OR CONTINUE TRANSPORTING PASSEN-
GERS FOR COMPENSATION IF A RELIABLE BASELINE ODOMETER READING CANNOT BE
ASCERTAINED.
(IV) A MOTOR CARRIER OR OPERATOR WHO KNOWS OR HAS REASON TO BELIEVE
THAT THE ODOMETER READING OF A LIMOUSINE DIFFERS FROM THE NUMBER OF
MILES THE STRETCH LIMOUSINE HAS ACTUALLY TRAVELED SHALL DISCLOSE THAT
STATUS TO THE COMMISSIONER OR THE DEPARTMENT OF TRANSPORTATION IMME-
DIATELY.
§ 8. Section 509-g of the vehicle and traffic law is amended by adding
a new subdivision 7 to read as follows:
7. IN ADDITION TO THE OTHER PROVISIONS OF THIS SECTION, IN THE EVENT
THE COMMISSIONER AUTHORIZES OR REQUIRES THE PRE-TRIP SAFETY BRIEFINGS
REQUIRED PURSUANT TO SUBDIVISION NINE OF SECTION FIVE HUNDRED NINE-M OF
S. 8308--C 12 A. 8808--C
THIS ARTICLE TO BE LIVE AND IN-PERSON, ALL MOTOR CARRIERS SHALL CONDUCT
A REGULAR OBSERVATION OF THE PROFICIENCY OF EACH DRIVER WHO OPERATES
ALTERED MOTOR VEHICLES COMMONLY REFERRED TO AS "STRETCH LIMOUSINES"
DIRECTED OR OPERATED BY SUCH MOTOR CARRIER, DESIGNED TO CARRY NINE OR
MORE PASSENGERS INCLUDING THE DRIVER PURSUANT TO OPERATING AUTHORITY
ISSUED BY THE COMMISSIONER OF TRANSPORTATION, IN PROVIDING SUCH PRE-
TRIP SAFETY BRIEFINGS.
§ 9. Section 509-m of the vehicle and traffic law is amended by adding
a new subdivision 9 to read as follows:
9. IN COORDINATION WITH THE COMMISSIONER OF TRANSPORTATION AND THE
SUPERINTENDENT OF STATE POLICE, ESTABLISH AND REGULARLY UPDATE THE FORM
AND CONTENT OF A PRE-TRIP SAFETY BRIEFING FOR MOTOR CARRIERS THAT OPER-
ATE ALTERED MOTOR VEHICLES COMMONLY REFERRED TO AS "STRETCH LIMOUSINES",
DESIGNED TO CARRY NINE OR MORE PASSENGERS INCLUDING THE DRIVER PURSUANT
TO OPERATING AUTHORITY ISSUED BY THE COMMISSIONER OF TRANSPORTATION,
WHICH MOTOR CARRIERS SHALL PROVIDE TO PASSENGERS PRIOR TO TRANSPORTING
SUCH PASSENGERS FOR HIRE IN SUCH STRETCH LIMOUSINES.
§ 10. Severability. If any clause, sentence, subdivision, paragraph,
section or part of this act be adjudged by any court of competent juris-
diction to be invalid, or if any federal agency determines in writing
that this act would render New York state ineligible for the receipt of
federal funds, such judgment or written determination shall not affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, subdivision, paragraph, section or
part thereof directly involved in the controversy in which such judgment
or written determination shall have been rendered.
§ 11. This act shall take effect immediately; provided, however,
sections two, three, four, eight and nine of this act shall take effect
one year after it shall have become a law; provided further, however,
section seven of this act shall take effect two years after it shall
have become a law; provided further, however, section six of this act
shall take effect on the one hundred eightieth day after it shall have
become a law; provided further, however, that sections five and six of
this act shall be deemed repealed if any federal agency determines in
writing that this act would render New York state ineligible for the
receipt of federal funds or any court of competent jurisdiction finally
determines that this act would render New York state out of compliance
with federal law or regulation; provided that the commissioner of motor
vehicles or the commissioner of transportation shall notify the legisla-
tive bill drafting commission upon the occurrence of any federal agency
determining in writing that this act would render New York state ineli-
gible for the receipt of federal funds or any court of competent juris-
diction finally determines that this act would render New York state out
of compliance with federal law or regulation in order that the commis-
sion may maintain an accurate and timely effective data base of the
official text of the laws of the state of New York in furtherance of
effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.
PART L
Section 1. Chapter 882 of the laws of 1953 relating to waterfront
employment and air freight industry regulation is REPEALED.
S. 8308--C 13 A. 8808--C
§ 2. The executive law is amended by adding a new article 19-I to read
as follows:
ARTICLE 19-I
WATERFRONT COMMISSION ACT
SECTION 534. SHORT TITLE.
534-A. LEGISLATIVE FINDINGS AND DECLARATIONS.
534-B. DEFINITIONS.
534-C. NEW YORK WATERFRONT COMMISSION ESTABLISHED.
534-D. GENERAL POWERS OF THE COMMISSION.
534-E. DESIGNATION AS AGENT OF THE STATE.
534-F. PIER SUPERINTENDENTS AND HIRING AGENTS.
534-G. STEVEDORES.
534-H. PROHIBITION OF PUBLIC LOADING.
534-I. LONGSHORE WORKERS' REGISTER.
534-J. LIST OF QUALIFIED LONGSHORE WORKERS' FOR EMPLOYMENT AS
CHECKERS.
534-K. REGULARIZATION OF LONGSHORE WORKERS' EMPLOYMENT.
534-L. SUSPENSION OR ACCEPTANCE OF APPLICATIONS FOR INCLUSION IN
THE LONGSHORE WORKERS' REGISTER; EXCEPTIONS.
534-M. SECURITY OFFICERS.
534-N. HEARINGS, DETERMINATIONS AND REVIEW.
534-O. EMPLOYMENT INFORMATION CENTERS.
534-P. IMPLEMENTATION OF TELECOMMUNICATIONS HIRING SYSTEM FOR
LONGSHORE WORKERS AND CHECKERS; REGISTRATION OF TELE-
COMMUNICATIONS SYSTEM CONTROLLER.
534-Q. CONSTRUCTION OF ACT.
534-R. CERTAIN SOLICITATIONS PROHIBITED; PROHIBITION AGAINST THE
HOLDING OF UNION POSITION BY OFFICERS, AGENTS OR
EMPLOYEES WHO HAVE BEEN CONVICTED OF CERTAIN CRIMES
AND OFFENSES.
534-S. GENERAL VIOLATIONS; PROSECUTIONS; PENALTIES.
534-T. DENIAL OF APPLICATIONS.
534-U. REVOCATION OF LICENSES AND REGISTRATIONS.
534-V. REFUSAL TO ANSWER QUESTION, IMMUNITY; PROSECUTION.
534-W. ANNUAL PREPARATION OF A BUDGET REQUEST AND ASSESSMENTS.
534-X. PAYMENT OF ASSESSMENT.
534-Y. TRANSFER OF OFFICERS, EMPLOYEES.
534-Z. ANNUAL REPORT.
§ 534. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "WATERFRONT COMMISSION ACT".
§ 534-A. LEGISLATIVE FINDINGS AND DECLARATIONS. 1. THE STATE OF NEW
YORK HEREBY FINDS AND DECLARES THAT:
IN 1953, THE CONDITIONS UNDER WHICH WATERFRONT LABOR WAS EMPLOYED
WITHIN THE PORT OF NEW YORK DISTRICT WERE DEPRESSING AND DEGRADING TO
SUCH LABOR, RESULTING FROM THE LACK OF ANY SYSTEMATIC METHOD OF HIRING,
THE LACK OF ADEQUATE INFORMATION AS TO THE AVAILABILITY OF EMPLOYMENT,
CORRUPT AND DISCRIMINATORY HIRING PRACTICES, CRIMINAL PRACTICES, AND
COERCION OF EMPLOYEES OR EMPLOYERS. NOW, IT CONTINUES TO BE IN THE BEST
INTEREST OF THE STATE TO REGULATE ACTIVITIES WITHIN THE PORT OF NEW YORK
DISTRICT IN THIS STATE TO PREVENT SUCH CONDITIONS AND TO PREVENT CIRCUM-
STANCES THAT RESULT IN WATERFRONT LABORERS SUFFERING FROM IRREGULARITY
OF EMPLOYMENT, FEAR AND INSECURITY, INADEQUATE EARNINGS, AN UNDULY HIGH
ACCIDENT RATE, SUBJECTION TO BORROWING AT USURIOUS RATES OF INTEREST,
EXPLOITATION AND EXTORTION AS THE PRICE OF SECURING EMPLOYMENT, A LOSS
OF RESPECT FOR THE LAW, AND DESTRUCTION OF THE DIGNITY OF AN IMPORTANT
SEGMENT OF AMERICAN LABOR, AND TO PREVENT A DIRECT ENCOURAGEMENT OF
S. 8308--C 14 A. 8808--C
CRIME WHICH IMPOSES A LEVY OF GREATLY INCREASED COSTS ON FOOD, FUEL AND
OTHER NECESSARIES HANDLED IN AND THROUGH THE PORT OF NEW YORK DISTRICT
IN THIS STATE.
IT IS IN THE BEST INTEREST OF THE STATE TO ENSURE THAT THE FUNCTION OF
LOADING AND UNLOADING TRUCKS AND OTHER LAND VEHICLES AT PIERS AND OTHER
WATERFRONT TERMINALS SHOULD BE PERFORMED, AS IN EVERY OTHER MAJOR AMERI-
CAN PORT, WITHOUT THE ABUSES OF THE PUBLIC LOADER SYSTEM, AND BY THE
CARRIERS OF FREIGHT BY WATER, STEVEDORES AND OPERATORS OF SUCH PIERS AND
OTHER WATERFRONT TERMINALS OR THE OPERATORS OF SUCH TRUCKS OR OTHER LAND
VEHICLES. THEREFORE, IT IS IN THE BEST INTEREST OF THE STATE TO REGU-
LATE THE OCCUPATIONS OF LONGSHORE WORKERS, STEVEDORES, PIER SUPERINTEN-
DENTS, HIRING AGENTS, AND SECURITY OFFICERS, WHO ARE AFFECTED WITH A
PUBLIC INTEREST, WHICH IS AN EXERCISE OF THE POLICE POWER OF THIS STATE.
IT IS FURTHER IN THE BEST INTEREST OF THE STATE TO ENSURE THAT THE METH-
OD OF EMPLOYMENT OF LONGSHORE WORKERS AND SECURITY OFFICERS BE CONDUCTED
THROUGH EMPLOYMENT INFORMATION CENTERS TO PREVENT GRAVE INJURY TO THE
WELFARE OF WATERFRONT LABORERS AND OF THE PEOPLE AT LARGE AND TO ENSURE
THE PRESERVATION OF THE FUNDAMENTAL RIGHTS AND LIBERTIES OF LABOR, THE
ECONOMIC STABILITY OF THE PORT OF NEW YORK DISTRICT IN THIS STATE, AND
THE ADVANCEMENT OF LAW ENFORCEMENT THEREIN.
ALTHOUGH LAW ENFORCEMENT'S EFFORTS AGAINST TRADITIONAL ORGANIZED CRIME
INFLUENCE HAVE BEEN SUCCESSFUL, SUCH INFLUENCE REMAINS A SIGNIFICANT
THREAT IN THE NEW YORK METROPOLITAN AREA, PARTICULARLY IN THE PORT.
CONTINUED OVERSIGHT IS ESSENTIAL TO ENSURE FAIR AND NONDISCRIMINATORY
HIRING PRACTICES, TO ELIMINATE LABOR RACKETEERING AND THE VICTIMIZATION
OF LEGITIMATE UNION MEMBERS AND PORT BUSINESSES, AND TO PREVENT ORGAN-
IZED CRIME FIGURES FROM DIRECTLY OPERATING AT THE CRITICAL POINTS OF
INTERSTATE AND INTERNATIONAL SHIPPING.
TO PRESERVE THE SAFETY AND WELFARE OF THE STATE, IT IS THE INTENT OF
THIS ACT TO PREVENT AND ERADICATE MISMANAGEMENT, ABUSE OF LABOR, COER-
CION, CORRUPTION, PREVALENCE OF ORGANIZED CRIME AND OTHER CRIMINAL
ACTIVITY, TO EXCLUDE OR REMOVE FROM THE PORT WORKFORCE INDIVIDUALS WHO
WERE CONVICTED OF SERIOUS CRIMES OR WHO ASSOCIATE WITH ORGANIZED CRIME
IN VIOLATION OF THIS ACT, TO OVERCOME DISCRIMINATION AND OTHER UNFAIR
HIRING PRACTICES, AND TO EXTIRPATE CORRUPTION AND RACKETEERING IN THE
PORT OF NEW YORK DISTRICT IN THIS STATE.
§ 534-B. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "ACT" SHALL MEAN THIS ARTICLE AND RULES OR REGULATIONS LAWFULLY
PROMULGATED THEREUNDER AND SHALL INCLUDE ANY AMENDMENTS OR SUPPLEMENTS
TO THIS ARTICLE TO IMPLEMENT THE PURPOSES THEREOF.
2. "BI-STATE COMMISSION" SHALL MEAN THE WATERFRONT COMMISSION OF NEW
YORK HARBOR ESTABLISHED BY THE STATE OF NEW YORK PURSUANT TO P.L. 1953,
C.882 (NY UNCONSOL. CH.307, S.1) AND BY THE STATE OF NEW JERSEY PURSUANT
TO ITS AGREEMENT THERETO UNDER P.L.1953, C.202 (C.32:23-1 ET SEQ.).
3. "CARRIER OF FREIGHT BY WATER" SHALL MEAN ANY PERSON WHO MAY BE
ENGAGED OR WHO MAY HOLD ONESELF OUT AS WILLING TO BE ENGAGED, WHETHER AS
A COMMON CARRIER, AS A CONTRACT CARRIER OR OTHERWISE (EXCEPT FOR
CARRIAGE OF LIQUID CARGOES IN BULK IN TANK VESSELS DESIGNED FOR USE
EXCLUSIVELY IN SUCH SERVICE OR CARRIAGE BY BARGE OF BULK CARGOES
CONSISTING OF ONLY A SINGLE COMMODITY LOADED OR CARRIED WITHOUT WRAPPERS
OR CONTAINERS AND DELIVERED BY THE CARRIER WITHOUT TRANSPORTATION MARK
OR COUNT) IN THE CARRIAGE OF FREIGHT BY WATER BETWEEN ANY POINT IN THE
PORT OF NEW YORK DISTRICT AND A POINT OUTSIDE SAID DISTRICT.
S. 8308--C 15 A. 8808--C
4. "CONTAINER" SHALL MEAN ANY RECEPTACLE, BOX, CARTON OR CRATE WHICH
IS SPECIFICALLY DESIGNED AND CONSTRUCTED SO THAT IT MAY BE REPEATEDLY
USED FOR THE CARRIAGE OF FREIGHT BY A CARRIER OF FREIGHT BY WATER.
5. "CHECKER" SHALL MEAN A LONGSHORE WORKER WHO IS EMPLOYED TO ENGAGE
IN DIRECT AND IMMEDIATE CHECKING OF WATERBORNE FREIGHT OR OF THE CUSTO-
DIAL ACCOUNTING THEREFOR OR IN THE RECORDING OR TABULATION OF THE HOURS
WORKED AT PIERS OR OTHER WATERFRONT TERMINALS BY NATURAL PERSONS
EMPLOYED BY CARRIERS OF FREIGHT BY WATER OR STEVEDORES.
6. "COMMISSION" SHALL MEAN THE NEW YORK WATERFRONT COMMISSION ESTAB-
LISHED BY SECTION FIVE HUNDRED THIRTY-FOUR-C OF THIS ARTICLE.
7. "CAREER OFFENDER" SHALL MEAN A PERSON WHOSE BEHAVIOR IS PURSUED IN
AN OCCUPATIONAL MANNER OR CONTEXT FOR THE PURPOSE OF ECONOMIC GAIN
UTILIZING SUCH METHODS AS ARE DEEMED CRIMINAL VIOLATIONS AGAINST THE
PUBLIC POLICY OF THE STATE OF NEW YORK.
8. "CAREER OFFENDER CARTEL" SHALL MEAN A NUMBER OF CAREER OFFENDERS
ACTING IN CONCERT, AND MAY INCLUDE WHAT IS COMMONLY REFERRED TO AS AN
ORGANIZED CRIME GROUP.
9. "COURT OF THE UNITED STATES" SHALL MEAN ALL COURTS ENUMERATED IN
SECTION FOUR HUNDRED FIFTY-ONE OF TITLE TWENTY-EIGHT OF THE UNITED
STATES CODE AND THE COURTS-MARTIAL OF THE ARMED FORCES OF THE UNITED
STATES.
10. "FREIGHT" SHALL MEAN FREIGHT WHICH HAS BEEN, OR WILL BE, CARRIED
BY OR CONSIGNED FOR CARRIAGE BY A CARRIER OF FREIGHT BY WATER.
11. "HIRING AGENT" SHALL MEAN ANY NATURAL PERSON, WHO ON BEHALF OF A
CARRIER OF FREIGHT BY WATER OR A STEVEDORE OR ANY OTHER PERSON SHALL
SELECT ANY LONGSHORE WORKER FOR EMPLOYMENT.
12. "LONGSHORE WORKER" SHALL MEAN: (A) A NATURAL PERSON, OTHER THAN A
HIRING AGENT, WHO IS EMPLOYED FOR WORK AT A PIER OR OTHER WATERFRONT
TERMINAL, EITHER BY A CARRIER OF FREIGHT BY WATER OR BY A STEVEDORE TO:
(1) PHYSICALLY MOVE WATERBORNE FREIGHT ON VESSELS BERTHED AT PIERS, ON
PIERS OR AT OTHER WATERFRONT TERMINALS; OR
(2) ENGAGE IN DIRECT AND IMMEDIATE CHECKING OF ANY SUCH FREIGHT OR OF
THE CUSTODIAL ACCOUNTING THEREFOR OR IN THE RECORDING OR TABULATION OF
THE HOURS WORKED AT PIERS OR OTHER WATERFRONT TERMINALS BY NATURAL
PERSONS EMPLOYED BY CARRIERS OF FREIGHT BY WATER OR STEVEDORES; OR
(3) SUPERVISE DIRECTLY AND IMMEDIATELY OTHERS WHO ARE EMPLOYED AS IN
SUBPARAGRAPH ONE OF THIS PARAGRAPH; OR
(4) PHYSICALLY PERFORM LABOR OR SERVICES INCIDENTAL TO THE MOVEMENT OF
WATERBORNE FREIGHT ON VESSELS BERTHED AT PIERS, ON PIERS OR AT OTHER
WATERFRONT TERMINALS, INCLUDING, BUT NOT LIMITED TO, CARGO REPAIR
PERSONNEL, COOPERS, GENERAL MAINTENANCE PERSONNEL, MECHANICAL AND
MISCELLANEOUS WORKERS, HORSE AND CATTLE FITTERS, GRAIN CEILERS AND
MARINE CARPENTERS; OR
(B) A NATURAL PERSON, OTHER THAN A HIRING AGENT, WHO IS EMPLOYED FOR
WORK AT A PIER OR OTHER WATERFRONT TERMINAL BY ANY PERSON TO:
(1) PHYSICALLY MOVE WATERBORNE FREIGHT TO OR FROM A BARGE, LIGHTER OR
RAILROAD CAR FOR TRANSFER TO OR FROM A VESSEL OF A CARRIER OF FREIGHT BY
WATER WHICH IS, SHALL BE, OR SHALL HAVE BEEN BERTHED AT THE SAME PIER OR
OTHER WATERFRONT TERMINAL; OR
(2) PERFORM LABOR OR SERVICES INVOLVING, OR INCIDENTAL TO, THE MOVE-
MENT OF FREIGHT AT A WATERFRONT TERMINAL AS DEFINED IN SUBDIVISION
FIFTEEN OF THIS SECTION.
13. "LONGSHORE WORKERS' REGISTER" SHALL MEAN THE REGISTER OF ELIGIBLE
LONGSHORE WORKERS COMPILED AND MAINTAINED BY THE COMMISSION PURSUANT TO
SECTION FIVE HUNDRED THIRTY-FOUR-I OF THIS ARTICLE.
S. 8308--C 16 A. 8808--C
14. "MARINE TERMINAL" SHALL MEAN AN AREA WHICH INCLUDES PIERS, WHICH
IS USED PRIMARILY FOR THE MOVING, WAREHOUSING, DISTRIBUTING OR PACKING
OF WATERBORNE FREIGHT OR FREIGHT TO OR FROM SUCH PIERS, AND WHICH,
INCLUSIVE OF SUCH PIERS, IS UNDER COMMON OWNERSHIP OR CONTROL.
15. "OTHER WATERFRONT TERMINAL" SHALL INCLUDE:
(A) ANY WAREHOUSE, DEPOT OR OTHER TERMINAL (OTHER THAN A PIER) WHICH
IS LOCATED WITHIN ONE THOUSAND YARDS OF ANY PIER IN THE PORT OF NEW YORK
DISTRICT IN THIS STATE AND WHICH IS USED FOR WATERBORNE FREIGHT IN WHOLE
OR SUBSTANTIAL PART; OR
(B) ANY WAREHOUSE, DEPOT OR OTHER TERMINAL (OTHER THAN A PIER), WHETH-
ER ENCLOSED OR OPEN, WHICH IS LOCATED IN A MARINE TERMINAL IN THE PORT
OF NEW YORK DISTRICT IN THIS STATE AND ANY PART OF WHICH IS USED BY ANY
PERSON TO PERFORM LABOR OR SERVICES INVOLVING, OR INCIDENTAL TO, THE
MOVEMENT OF WATERBORNE FREIGHT OR FREIGHT.
16. "PERSON" SHALL MEAN NOT ONLY A NATURAL PERSON BUT ALSO ANY PART-
NERSHIP, JOINT VENTURE, ASSOCIATION, CORPORATION OR ANY OTHER LEGAL
ENTITY BUT SHALL NOT INCLUDE THE UNITED STATES, ANY STATE OR TERRITORY
THEREOF OR ANY DEPARTMENT, DIVISION, BOARD, COMMISSION OR AUTHORITY OF
ONE OR MORE OF THE FOREGOING.
17. "PIER" SHALL INCLUDE ANY WHARF, PIER, DOCK OR QUAY.
18. "PIER SUPERINTENDENT" SHALL MEAN ANY NATURAL PERSON OTHER THAN A
LONGSHORE WORKER WHO IS EMPLOYED FOR WORK AT A PIER OR OTHER WATERFRONT
TERMINAL BY A CARRIER OF FREIGHT BY WATER OR A STEVEDORE AND WHOSE WORK
AT SUCH PIER OR OTHER WATERFRONT TERMINAL INCLUDES THE SUPERVISION,
DIRECTLY OR INDIRECTLY, OF THE WORK OF LONGSHORE WORKERS.
19. "PORT OF NEW YORK DISTRICT" SHALL MEAN THE DISTRICT CREATED BY
ARTICLE II OF THE COMPACT DATED APRIL THIRTIETH, NINETEEN HUNDRED TWEN-
TY-ONE, BETWEEN THE STATES OF NEW YORK AND NEW JERSEY, AUTHORIZED BY
CHAPTER ONE HUNDRED FIFTY-FOUR OF THE LAWS OF NEW YORK OF NINETEEN
HUNDRED TWENTY-ONE AND CHAPTER ONE HUNDRED FIFTY-ONE OF THE LAWS OF NEW
JERSEY OF NINETEEN HUNDRED TWENTY-ONE.
20. "SECURITY OFFICER" SHALL INCLUDE ANY SECURITY OFFICER, GATE
PERSON, ROUNDS PERSON, DETECTIVE, GUARD, GUARDIAN OR PROTECTOR OF PROP-
ERTY EMPLOYED BY THE OPERATOR OF ANY PIER OR OTHER WATERFRONT TERMINAL
OR BY A CARRIER OF FREIGHT BY WATER TO PERFORM SERVICES IN SUCH CAPACITY
ON ANY PIER OR OTHER WATERFRONT TERMINAL.
21. THE TERM "SELECT ANY LONGSHORE WORKER FOR EMPLOYMENT" IN THE DEFI-
NITION OF A HIRING AGENT IN THIS SECTION SHALL INCLUDE SELECTION OF A
PERSON FOR THE COMMENCEMENT OR CONTINUATION OF EMPLOYMENT AS A LONGSHORE
WORKER, OR THE DENIAL OR TERMINATION OF EMPLOYMENT AS A LONGSHORE WORK-
ER.
22. "STEVEDORE" SHALL MEAN:
(A) A CONTRACTOR (NOT INCLUDING AN EMPLOYEE) ENGAGED FOR COMPENSATION
PURSUANT TO A CONTRACT OR ARRANGEMENT WITH A CARRIER OF FREIGHT BY
WATER, IN MOVING WATERBORNE FREIGHT CARRIED OR CONSIGNED FOR CARRIAGE BY
SUCH CARRIER ON VESSELS OF SUCH CARRIER BERTHED AT PIERS, ON PIERS AT
WHICH SUCH VESSELS ARE BERTHED OR AT OTHER WATERFRONT TERMINALS; OR
(B) A CONTRACTOR ENGAGED FOR COMPENSATION PURSUANT TO A CONTRACT OR
ARRANGEMENT WITH THE UNITED STATES, ANY STATE OR TERRITORY THEREOF, OR
ANY DEPARTMENT, DIVISION, BOARD, COMMISSION OR AUTHORITY OF ONE OR MORE
OF THE FOREGOING, IN MOVING FREIGHT CARRIED OR CONSIGNED FOR CARRIAGE
BETWEEN ANY POINT IN THE PORT OF NEW YORK DISTRICT AND A POINT OUTSIDE
SAID DISTRICT ON VESSELS OF SUCH A PUBLIC AGENCY BERTHED AT PIERS, ON
PIERS AT WHICH SUCH VESSELS ARE BERTHED OR AT OTHER WATERFRONT TERMI-
NALS; OR
S. 8308--C 17 A. 8808--C
(C) A CONTRACTOR (NOT INCLUDING AN EMPLOYEE) ENGAGED FOR COMPENSATION
PURSUANT TO A CONTRACT OR ARRANGEMENT WITH ANY PERSON TO PERFORM LABOR
OR SERVICES INCIDENTAL TO THE MOVEMENT OF WATERBORNE FREIGHT ON VESSELS
BERTHED AT PIERS, ON PIERS OR AT OTHER WATERFRONT TERMINALS, INCLUDING,
BUT NOT LIMITED TO, CARGO STORAGE, CARGO REPAIRING, COOPERING, GENERAL
MAINTENANCE, MECHANICAL AND MISCELLANEOUS WORK, HORSE AND CATTLE
FITTING, GRAIN CEILING, AND MARINE CARPENTRY; OR
(D) A CONTRACTOR (NOT INCLUDING AN EMPLOYEE) ENGAGED FOR COMPENSATION
PURSUANT TO A CONTRACT OR ARRANGEMENT WITH ANY OTHER PERSON TO PERFORM
LABOR OR SERVICES INVOLVING, OR INCIDENTAL TO, THE MOVEMENT OF FREIGHT
INTO OR OUT OF CONTAINERS (WHICH HAVE BEEN OR WHICH WILL BE CARRIED BY A
CARRIER OF FREIGHT BY WATER) ON VESSELS BERTHED AT PIERS, ON PIERS OR AT
OTHER WATERFRONT TERMINALS.
23. "TERRORIST GROUP" SHALL MEAN A GROUP ASSOCIATED, AFFILIATED OR
FUNDED IN WHOLE OR IN PART BY A TERRORIST ORGANIZATION DESIGNATED BY THE
SECRETARY OF STATE IN ACCORDANCE WITH SECTION TWO HUNDRED NINETEEN OF
THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED FROM TIME TO TIME, OR
ANY OTHER ORGANIZATION WHICH ASSISTS, FUNDS OR ENGAGES IN ACTS OF
TERRORISM AS DEFINED IN THE LAWS OF THE UNITED STATES, OR OF THE STATE
OF NEW YORK, INCLUDING, BUT NOT LIMITED TO, SUBDIVISION ONE OF SECTION
490.05 OF THE PENAL LAW.
24. "WATERBORNE FREIGHT" SHALL MEAN FREIGHT CARRIED BY OR CONSIGNED
FOR CARRIAGE BY CARRIERS OF FREIGHT BY WATER, AND SHALL ALSO INCLUDE
FREIGHT DESCRIBED IN SUBDIVISION FIFTEEN AND PARAGRAPHS (B) AND (D) OF
SUBDIVISION TWENTY-TWO OF THIS SECTION, AND SHIPS' STORES, BAGGAGE AND
MAIL CARRIED BY OR CONSIGNED FOR CARRIAGE BY CARRIERS OF FREIGHT BY
WATER.
25. "WITNESS" SHALL MEAN ANY PERSON WHOSE TESTIMONY IS DESIRED IN ANY
INVESTIGATION, INTERVIEW OR OTHER PROCEEDING CONDUCTED BY THE COMMISSION
PURSUANT TO THE PROVISIONS OF SECTION FIVE HUNDRED THIRTY-FOUR OF THIS
ARTICLE.
§ 534-C. NEW YORK WATERFRONT COMMISSION ESTABLISHED. 1. THERE IS HERE-
BY CREATED THE NEW YORK WATERFRONT COMMISSION, WHICH SHALL BE IN THE
EXECUTIVE DEPARTMENT OF THIS STATE AND MAY REQUEST, RECEIVE, AND UTILIZE
FACILITIES, RESOURCES AND DATA OF ANY DEPARTMENT, DIVISION, BOARD,
BUREAU, COMMISSION, AGENCY OR PUBLIC AUTHORITY OF THE STATE OR ANY POLI-
TICAL SUBDIVISION THEREOF AS IT MAY REASONABLY REQUEST TO CARRY OUT
PROPERLY ITS POWERS AND DUTIES.
2. THE COMMISSION SHALL CONSIST OF THE COMMISSIONER APPOINTED BY THE
GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, AND SHALL RECEIVE
COMPENSATION TO BE FIXED BY THE GOVERNOR OF THIS STATE. THE TERM OF
OFFICE OF SUCH COMMISSIONER SHALL BE FOR THREE YEARS; PROVIDED, HOWEVER,
THAT A COMMISSIONER SERVING ON THE BI-STATE COMMISSION AT THE TIME OF
ITS DISSOLUTION ON THE SEVENTEENTH OF JULY TWO THOUSAND TWENTY-THREE WHO
WAS APPOINTED BY THE GOVERNOR OF NEW YORK TO SUCH POSITION, MAY SERVE AS
ACTING COMMISSIONER OF THE NEW YORK WATERFRONT COMMISSION UNTIL SUCH
TIME AS A COMMISSIONER IS APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND
CONSENT OF THE SENATE, PURSUANT TO THIS SUBDIVISION. A COMMISSIONER
SHALL HOLD OFFICE UNTIL THAT COMMISSIONER'S SUCCESSOR HAS BEEN APPOINTED
AND QUALIFIED. VACANCIES IN OFFICE SHALL BE FILLED FOR THE BALANCE OF
THE UNEXPIRED TERM IN THE SAME MANNER AS ORIGINAL APPOINTMENTS.
3. A COMMISSIONER MAY, BY WRITTEN INSTRUMENT FILED IN THE OFFICE OF
THE COMMISSION, DESIGNATE ANY OFFICER OR EMPLOYEE OF THE COMMISSION TO
ACT IN THAT COMMISSIONER'S PLACE. A VACANCY IN THE OFFICE OF A COMMIS-
SIONER SHALL NOT IMPAIR SUCH DESIGNATION UNTIL THE VACANCY SHALL HAVE
BEEN FILLED.
S. 8308--C 18 A. 8808--C
§ 534-D. GENERAL POWERS OF THE COMMISSION. IN ADDITION TO THE POWERS
AND DUTIES ELSEWHERE PRESCRIBED HEREIN, THE COMMISSION SHALL HAVE THE
POWER:
1. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE.
2. TO DETERMINE THE LOCATION, SIZE AND SUITABILITY OF ACCOMMODATIONS
NECESSARY AND DESIRABLE FOR THE ESTABLISHMENT AND MAINTENANCE OF THE
EMPLOYMENT INFORMATION CENTERS PROVIDED IN SECTION FIVE HUNDRED THIRTY-
FOUR-O OF THIS ARTICLE AND FOR ADMINISTRATIVE OFFICES FOR THE COMMIS-
SION.
3. TO ADMINISTER AND ENFORCE THE PROVISIONS OF THIS ACT.
4. TO PROMULGATE AND ENFORCE SUCH RULES AND REGULATIONS AS THE COMMIS-
SION MAY DEEM NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ACT OR TO
PREVENT THE CIRCUMVENTION OR EVASION THEREOF. AS USED IN THIS ACT,
"REGULATIONS" INCLUDE THOSE RULES AND REGULATIONS OF THE BI-STATE
COMMISSION WHICH SHALL CONTINUE IN EFFECT AS THE RULES AND REGULATIONS
OF THE COMMISSION UNTIL AMENDED, SUPPLEMENTED, OR RESCINDED BY THE
COMMISSION PURSUANT TO THE STATE ADMINISTRATIVE PROCEDURE ACT. PREVI-
OUSLY PROMULGATED REGULATIONS INCONSISTENT WITH THE PROVISIONS OF THIS
ACT SHALL BE DEEMED VOID. NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER
THIS ACT SHALL HAVE BECOME LAW, THE COMMISSION SHALL COMMENCE REVIEW OF
ITS REGULATIONS IN ORDER TO RECOMMEND NECESSARY CHANGES. IN ITS REVIEW,
THE COMMISSION SHALL CONSULT WITH RELEVANT EMPLOYERS AND LABOR ORGANIZA-
TIONS.
5. TO APPOINT SUCH OFFICERS, AGENTS AND EMPLOYEES AS IT MAY DEEM
NECESSARY, PRESCRIBE THEIR POWERS, DUTIES AND QUALIFICATIONS AND FIX
THEIR COMPENSATION AND RETAIN AND EMPLOY COUNSEL AND PRIVATE CONSULTANTS
ON A CONTRACT BASIS OR OTHERWISE, WITHIN THE LIMITS PROVIDED BY APPRO-
PRIATION.
6. BY ITS COMMISSIONER AND ITS PROPERLY DESIGNATED OFFICERS, AGENTS
AND EMPLOYEES, TO ADMINISTER OATHS AND ISSUE SUBPOENAS TO COMPEL THE
ATTENDANCE OF WITNESSES AND THE GIVING OF TESTIMONY AND THE PRODUCTION
OF OTHER EVIDENCE.
7. TO HAVE FOR ITS COMMISSIONER AND ITS PROPERLY DESIGNATED OFFICERS,
AGENTS AND EMPLOYEES, FULL AND FREE ACCESS, INGRESS AND EGRESS TO AND
FROM ALL VESSELS, PIERS AND OTHER WATERFRONT TERMINALS OR OTHER PLACES
IN THE PORT OF NEW YORK DISTRICT IN THIS STATE, FOR THE PURPOSES OF
MAKING INSPECTION OR ENFORCING THE PROVISIONS OF THIS ACT; AND NO PERSON
SHALL OBSTRUCT OR IN ANY WAY INTERFERE WITH ANY SUCH COMMISSIONER, OFFI-
CER, EMPLOYEE OR AGENT IN THE MAKING OF SUCH INSPECTION, OR IN THE
ENFORCEMENT OF THE PROVISIONS OF THIS ACT OR IN THE PERFORMANCE OF ANY
OTHER POWER OR DUTY UNDER THIS ACT.
8. TO RECOVER POSSESSION OF ANY SUSPENDED OR REVOKED LICENSE ISSUED
UNDER THIS ACT.
9. TO MAKE INVESTIGATIONS, COLLECT AND COMPILE INFORMATION CONCERNING
WATERFRONT PRACTICES GENERALLY WITHIN THE PORT OF NEW YORK DISTRICT IN
THIS STATE AND UPON ALL MATTERS RELATING TO THE ACCOMPLISHMENT OF THE
OBJECTIVES OF THIS ACT.
10. TO ADVISE AND CONSULT WITH REPRESENTATIVES OF LABOR AND INDUSTRY
AND WITH PUBLIC OFFICIALS AND AGENCIES CONCERNED WITH THE EFFECTUATION
OF THE PURPOSES OF THIS ACT, UPON ALL MATTERS WHICH THE COMMISSION MAY
DESIRE, INCLUDING BUT NOT LIMITED TO THE FORM AND SUBSTANCE OF RULES AND
REGULATIONS, THE ADMINISTRATION OF THE ACT, MAINTENANCE OF THE LONGSHORE
WORKERS' REGISTER, AND ISSUANCE AND REVOCATION OF LICENSES.
11. TO MAKE ANNUAL AND OTHER REPORTS TO THE GOVERNOR AND LEGISLATURE.
12. TO COOPERATE WITH AND RECEIVE FROM ANY DEPARTMENT, DIVISION,
BUREAU, BOARD, COMMISSION, OR AGENCY OF THIS STATE, OR OF ANY COUNTY OR
S. 8308--C 19 A. 8808--C
MUNICIPALITY THEREOF, SUCH ASSISTANCE AND DATA AS WILL ENABLE IT PROPER-
LY TO CARRY OUT ITS POWERS AND DUTIES HEREUNDER; AND TO REQUEST ANY SUCH
DEPARTMENT, DIVISION, BUREAU, BOARD, COMMISSION, OR AGENCY, WITH THE
CONSENT THEREOF, TO EXECUTE SUCH OF ITS FUNCTIONS AND POWERS, AS THE
PUBLIC INTEREST MAY REQUIRE.
13. TO DESIGNATE OFFICERS, EMPLOYEES AND AGENTS WHO MAY EXERCISE THE
POWERS AND DUTIES OF THE COMMISSION EXCEPT THE POWER TO MAKE RULES AND
REGULATIONS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE OFFICERS,
EMPLOYEES AND AGENTS OF THE COMMISSION ESTABLISHED BY THIS ACT MAY BE
APPOINTED OR EMPLOYED WITHOUT REGARD TO THEIR STATE OF RESIDENCE.
14. TO ISSUE TEMPORARY PERMITS AND PERMIT TEMPORARY REGISTRATIONS
UNDER SUCH TERMS AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE WHICH
SHALL BE VALID FOR A PERIOD TO BE FIXED BY THE COMMISSION NOT IN EXCESS
OF SIX MONTHS.
15. TO REQUIRE ANY APPLICANT FOR A LICENSE OR REGISTRATION OR ANY
PROSPECTIVE LICENSEE TO FURNISH SUCH FACTS AND EVIDENCE AS THE COMMIS-
SION MAY DEEM APPROPRIATE TO ENABLE IT TO ASCERTAIN WHETHER THE LICENSE
OR REGISTRATION SHOULD BE GRANTED.
16. IN ANY CASE IN WHICH THE COMMISSION HAS THE POWER TO REVOKE OR
SUSPEND ANY STEVEDORE LICENSE THE COMMISSION SHALL ALSO HAVE THE POWER
TO IMPOSE AS AN ALTERNATIVE TO SUCH REVOCATION OR SUSPENSION, A PENALTY,
WHICH THE LICENSEE MAY ELECT TO PAY TO THE COMMISSION IN LIEU OF THE
REVOCATION OR SUSPENSION. THE MAXIMUM PENALTY SHALL BE FIVE THOUSAND
DOLLARS FOR EACH SEPARATE OFFENSE. THE COMMISSION MAY, FOR GOOD CAUSE
SHOWN, ABATE ALL OR PART OF SUCH PENALTY.
17. TO DESIGNATE ANY OFFICER, AGENT OR EMPLOYEE OF THE COMMISSION TO
BE AN INVESTIGATOR WHO SHALL BE VESTED WITH ALL THE POWERS OF A PEACE OR
POLICE OFFICER OF THE STATE OF NEW YORK.
18. TO CONFER IMMUNITY, IN THE MANNER PRESCRIBED BY SUBDIVISION ONE OF
SECTION FIVE HUNDRED THIRTY-FOUR-V OF THIS ARTICLE.
19. TO REQUIRE ANY APPLICANT FOR REGISTRATION AS A LONGSHORE WORKER,
ANY APPLICANT FOR REGISTRATION AS A CHECKER OR ANY APPLICANT FOR REGIS-
TRATION AS A TELECOMMUNICATIONS SYSTEM CONTROLLER AND ANY PERSON WHO IS
SPONSORED FOR A LICENSE AS A PIER SUPERINTENDENT OR HIRING AGENT, ANY
PERSON WHO IS AN INDIVIDUAL OWNER OF AN APPLICANT STEVEDORE OR ANY
PERSONS WHO ARE INDIVIDUAL PARTNERS OF AN APPLICANT STEVEDORE, OR ANY
OFFICERS, DIRECTORS OR STOCKHOLDERS OWNING FIVE PERCENT OR MORE OF ANY
OF THE STOCK OF AN APPLICANT CORPORATE STEVEDORE OR ANY APPLICANT FOR A
LICENSE AS A SECURITY OFFICER OR ANY OTHER CATEGORY OF APPLICANT FOR
REGISTRATION OR LICENSING WITHIN THE COMMISSION'S JURISDICTION TO BE
FINGERPRINTED BY THE COMMISSION AT THE COST AND EXPENSE OF THE APPLI-
CANT.
20. TO EXCHANGE FINGERPRINT DATA WITH AND RECEIVE STATE CRIMINAL
HISTORY RECORD INFORMATION FROM THE DIVISION OF CRIMINAL JUSTICE
SERVICES AND FEDERAL CRIMINAL HISTORY RECORD INFORMATION FROM THE FEDER-
AL BUREAU OF INVESTIGATION FOR USE IN MAKING THE DETERMINATIONS REQUIRED
BY THIS ACT.
21. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, TO
REQUIRE ANY APPLICANT FOR EMPLOYMENT OR EMPLOYEE OF THE COMMISSION TO BE
FINGERPRINTED AND TO EXCHANGE FINGERPRINT DATA WITH AND RECEIVE STATE
CRIMINAL HISTORY RECORD INFORMATION FROM THE DIVISION OF CRIMINAL
JUSTICE SERVICES AND FEDERAL CRIMINAL HISTORY INFORMATION FROM THE
FEDERAL BUREAU OF INVESTIGATION FOR USE IN THE HIRING OR RETENTION OF
SUCH PERSON.
22. TO COOPERATE WITH A SIMILAR ENTITY ESTABLISHED IN THE STATE OF NEW
JERSEY, TO EXCHANGE INFORMATION ON ANY MATTER PERTINENT TO THE PURPOSES
S. 8308--C 20 A. 8808--C
OF THIS ACT, AND TO, IN ITS DISCRETION, ENTER INTO RECIPROCAL AGREEMENTS
FOR THE ACCOMPLISHMENT OF SUCH PURPOSES, INCLUDING BUT NOT LIMITED TO
THE FOLLOWING OBJECTIVES:
(A) TO GIVE RECIPROCAL EFFECT TO ANY APPROVAL, REVOCATION, SUSPENSION
OR REPRIMAND WITH RESPECT TO ANY LICENSEE, AND ANY INCLUSION IN, OR
REPRIMAND OR REMOVAL FROM A LONGSHORE WORKERS' REGISTER;
(B) TO PROVIDE THAT ANY ACT OR OMISSION BY A LICENSEE OR REGISTRANT IN
EITHER STATE WHICH WOULD BE A BASIS FOR DISCIPLINARY ACTION AGAINST SUCH
LICENSEE OR REGISTRANT IF IT OCCURRED IN THE STATE IN WHICH THE LICENSE
WAS ISSUED OR THE PERSON REGISTERED SHALL BE THE BASIS FOR DISCIPLINARY
ACTION IN BOTH STATES; AND
(C) TO PROVIDE THAT LONGSHORE WORKERS REGISTERED IN EITHER STATE, WHO
PERFORM WORK OR WHO APPLY FOR WORK AT AN EMPLOYMENT INFORMATION CENTER
WITHIN THE OTHER STATE, SHALL BE DEEMED TO HAVE PERFORMED WORK OR TO
HAVE APPLIED FOR WORK IN THE STATE IN WHICH THEY ARE REGISTERED.
§ 534-E. DESIGNATION AS AGENT OF THE STATE. 1. THE COMMISSION IS HERE-
BY DESIGNATED ON ITS OWN BEHALF OR AS AGENT OF THE STATE OF NEW YORK, AS
PROVIDED BY THE ACT OF CONGRESS OF THE UNITED STATES, EFFECTIVE JUNE
SIXTH, ONE THOUSAND NINE HUNDRED AND THIRTY-THREE, ENTITLED "AN ACT TO
PROVIDE FOR THE ESTABLISHMENT OF A NATIONAL EMPLOYMENT SYSTEM AND FOR
CO-OPERATION WITH THE STATES IN THE PROMOTION OF SUCH SYSTEM AND FOR
OTHER PURPOSES," AS AMENDED, FOR THE PURPOSE OF OBTAINING SUCH BENEFITS
OF SUCH ACT OF CONGRESS AS ARE NECESSARY OR APPROPRIATE TO THE ESTAB-
LISHMENT AND OPERATION OF EMPLOYMENT INFORMATION CENTERS AUTHORIZED BY
THIS ACT.
2. THE COMMISSION SHALL HAVE ALL POWERS NECESSARY TO COOPERATE WITH
APPROPRIATE OFFICERS OR AGENCIES OF THIS STATE OR THE UNITED STATES, TO
TAKE SUCH STEPS, TO FORMULATE SUCH PLANS, AND TO EXECUTE SUCH PROJECTS
(INCLUDING BUT NOT LIMITED TO THE ESTABLISHMENT AND OPERATION OF EMPLOY-
MENT INFORMATION CENTERS) AS MAY BE NECESSARY TO OBTAIN SUCH BENEFITS
FOR THE OPERATIONS OF THE COMMISSION IN ACCOMPLISHING THE PURPOSES OF
THIS ACT.
3. ANY OFFICER OR AGENCY DESIGNATED BY THIS STATE PURSUANT TO SAID ACT
OF JUNE SIXTH, NINETEEN HUNDRED THIRTY-THREE, AS AMENDED, IS AUTHORIZED
AND EMPOWERED, UPON THE REQUEST OF THE COMMISSION AND SUBJECT TO ITS
DIRECTION, TO EXERCISE THE POWERS AND DUTIES CONFERRED UPON THE COMMIS-
SION BY THE PROVISIONS OF THIS SECTION.
§ 534-F. PIER SUPERINTENDENTS AND HIRING AGENTS. 1. NO PERSON SHALL
ACT AS A PIER SUPERINTENDENT OR AS A HIRING AGENT WITHIN THE PORT OF NEW
YORK DISTRICT IN THIS STATE WITHOUT FIRST HAVING OBTAINED FROM THE
COMMISSION OR PREVIOUSLY, FROM THE BI-STATE COMMISSION, A LICENSE TO ACT
AS SUCH PIER SUPERINTENDENT OR HIRING AGENT, AS THE CASE MAY BE, AND NO
PERSON SHALL EMPLOY OR ENGAGE ANOTHER PERSON TO ACT AS A PIER SUPER-
INTENDENT OR HIRING AGENT WHO IS NOT SO LICENSED.
2. A LICENSE TO ACT AS A PIER SUPERINTENDENT OR HIRING AGENT SHALL BE
ISSUED ONLY UPON THE WRITTEN APPLICATION, UNDER OATH, OF THE PERSON
PROPOSING TO EMPLOY OR ENGAGE ANOTHER PERSON TO ACT AS SUCH PIER SUPER-
INTENDENT OR HIRING AGENT, VERIFIED BY THE PROSPECTIVE LICENSEE AS TO
THE MATTERS CONCERNING THAT PERSON, AND SHALL STATE THE FOLLOWING:
(A) THE FULL NAME AND BUSINESS ADDRESS OF THE APPLICANT;
(B) THE FULL NAME, RESIDENCE, BUSINESS ADDRESS (IF ANY), PLACE AND
DATE OF BIRTH AND SOCIAL SECURITY NUMBER OF THE PROSPECTIVE LICENSEE;
(C) THE PRESENT AND PREVIOUS OCCUPATIONS OF THE PROSPECTIVE LICENSEE,
INCLUDING THE PLACES WHERE THE PERSON WAS EMPLOYED AND THE NAMES OF THE
PERSON'S EMPLOYERS;
S. 8308--C 21 A. 8808--C
(D) SUCH FURTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE COMMIS-
SION TO ASCERTAIN THE CHARACTER, INTEGRITY AND IDENTITY OF THE PROSPEC-
TIVE LICENSEE; AND
(E) THAT IF A LICENSE IS ISSUED TO THE PROSPECTIVE LICENSEE, THE
APPLICANT WILL EMPLOY SUCH LICENSEE AS PIER SUPERINTENDENT OR HIRING
AGENT, AS THE CASE MAY BE.
3. NO SUCH LICENSE SHALL BE GRANTED:
(A) UNLESS THE COMMISSION SHALL BE SATISFIED THAT THE PROSPECTIVE
LICENSEE POSSESSES GOOD CHARACTER AND INTEGRITY;
(B) IF THE PROSPECTIVE LICENSEE HAS, WITHOUT SUBSEQUENT PARDON, BEEN
CONVICTED BY A COURT OF THE UNITED STATES, OR ANY STATE OR TERRITORY
THEREOF, OF THE COMMISSION OF, OR THE ATTEMPT OR CONSPIRACY TO COMMIT,
TREASON, MURDER, MANSLAUGHTER OR ANY CRIME PUNISHABLE BY DEATH OR IMPRI-
SONMENT FOR A TERM EXCEEDING THREE HUNDRED SIXTY-FOUR DAYS OR ANY OF THE
FOLLOWING MISDEMEANORS OR OFFENSES: ILLEGALLY USING, CARRYING OR
POSSESSING A PISTOL OR OTHER DANGEROUS WEAPON; MAKING OR POSSESSING
BURGLAR'S INSTRUMENTS; BUYING OR RECEIVING STOLEN PROPERTY; UNLAWFUL
ENTRY OF A BUILDING; AIDING AN ESCAPE FROM PRISON; UNLAWFULLY POSSESS-
ING, POSSESSING WITH INTENT TO DISTRIBUTE, SALE OR DISTRIBUTION OF A
CONTROLLED DANGEROUS SUBSTANCE (CONTROLLED SUBSTANCE) OR A CONTROLLED
DANGEROUS SUBSTANCE ANALOG; AND VIOLATION OF THIS ACT. ANY SUCH
PROSPECTIVE LICENSEE INELIGIBLE FOR A LICENSE BY REASON OF ANY SUCH
CONVICTION MAY SUBMIT SATISFACTORY EVIDENCE TO THE COMMISSION THAT SUCH
PERSON HAS FOR A PERIOD OF NOT LESS THAN FIVE YEARS, MEASURED AS HEREIN-
AFTER PROVIDED, AND UP TO THE TIME OF APPLICATION, SO ACTED IN A MANNER
AS TO WARRANT THE GRANT OF SUCH LICENSE, IN WHICH EVENT THE COMMISSION
MAY, IN ITS DISCRETION, ISSUE AN ORDER REMOVING SUCH INELIGIBILITY. THE
AFORESAID PERIOD OF FIVE YEARS SHALL BE MEASURED EITHER FROM THE DATE OF
PAYMENT OF ANY FINE IMPOSED UPON SUCH PERSON OR THE SUSPENSION OF
SENTENCE OR FROM THE DATE OF THE PERSON'S UNREVOKED RELEASE FROM CUSTODY
BY PAROLE, COMMUTATION OR TERMINATION OF SENTENCE;
(C) IF THE PROSPECTIVE LICENSEE KNOWINGLY OR WILLFULLY ADVOCATES THE
DESIRABILITY OF OVERTHROWING OR DESTROYING THE GOVERNMENT OF THE UNITED
STATES BY FORCE OR VIOLENCE OR SHALL BE A MEMBER OF A GROUP WHICH ADVO-
CATES SUCH DESIRABILITY, KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH
ADVOCACY.
4. WHEN THE APPLICATION SHALL HAVE BEEN EXAMINED AND SUCH FURTHER
INQUIRY AND INVESTIGATION MADE AS THE COMMISSION SHALL DEEM PROPER AND
WHEN THE COMMISSION SHALL BE SATISFIED THEREFROM THAT THE PROSPECTIVE
LICENSEE POSSESSES THE QUALIFICATIONS AND REQUIREMENTS PRESCRIBED IN
THIS SECTION, THE COMMISSION SHALL ISSUE AND DELIVER TO THE PROSPECTIVE
LICENSEE A LICENSE TO ACT AS PIER SUPERINTENDENT OR HIRING AGENT FOR THE
APPLICANT, AS THE CASE MAY BE, AND SHALL INFORM THE APPLICANT OF THIS
ACTION. THE COMMISSION MAY ISSUE A TEMPORARY PERMIT TO ANY PROSPECTIVE
LICENSEE FOR A LICENSE UNDER THE PROVISIONS OF THIS ARTICLE PENDING
FINAL ACTION ON AN APPLICATION MADE FOR SUCH A LICENSE. ANY SUCH PERMIT
SHALL BE VALID FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
5. NO PERSON SHALL BE LICENSED TO ACT AS A PIER SUPERINTENDENT OR
HIRING AGENT FOR MORE THAN ONE EMPLOYER, EXCEPT AT A SINGLE PIER OR
OTHER WATERFRONT TERMINAL, BUT NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO LIMIT IN ANY WAY THE NUMBER OF PIER SUPERINTENDENTS OR
HIRING AGENTS ANY EMPLOYER MAY EMPLOY.
6. A LICENSE GRANTED PURSUANT TO THIS SECTION SHALL CONTINUE THROUGH
THE DURATION OF THE LICENSEE'S EMPLOYMENT BY THE EMPLOYER WHO SHALL HAVE
APPLIED FOR THE PERSON'S LICENSE.
S. 8308--C 22 A. 8808--C
7. ANY LICENSE ISSUED PURSUANT TO THIS SECTION MAY BE REVOKED OR
SUSPENDED FOR SUCH PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST
OR THE LICENSEE THEREUNDER MAY BE REPRIMANDED FOR ANY OF THE FOLLOWING
OFFENSES:
(A) CONVICTION OF A CRIME OR ACT BY THE LICENSEE OR OTHER CAUSE WHICH
WOULD REQUIRE OR PERMIT THE PERSON'S DISQUALIFICATION FROM RECEIVING A
LICENSE UPON ORIGINAL APPLICATION;
(B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING THE LICENSE, OR IN
THE CONDUCT OF THE LICENSED ACTIVITY;
(C) VIOLATION OF ANY OF THE PROVISIONS OF THIS ACT;
(D) CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE OR CRIMINAL SALE OF
A CONTROLLED SUBSTANCE;
(E) EMPLOYING, HIRING OR PROCURING ANY PERSON IN VIOLATION OF THIS ACT
OR INDUCING OR OTHERWISE AIDING OR ABETTING ANY PERSON TO VIOLATE THE
TERMS OF THIS ACT;
(F) PAYING, GIVING, CAUSING TO BE PAID OR GIVEN OR OFFERING TO PAY OR
GIVE TO ANY PERSON ANY VALUABLE CONSIDERATION TO INDUCE SUCH OTHER
PERSON TO VIOLATE ANY PROVISION OF THIS ACT OR TO INDUCE ANY PUBLIC
OFFICER, AGENT OR EMPLOYEE TO FAIL TO PERFORM THE PERSON'S DUTY HERE-
UNDER;
(G) CONSORTING WITH KNOWN CRIMINALS FOR AN UNLAWFUL PURPOSE, PROVIDED,
HOWEVER, THAT CONSORTING WITHOUT UNLAWFUL PURPOSE SHALL BE INSUFFICIENT
GROUNDS FOR REVOCATION OR SUSPENSION;
(H) TRANSFER OR SURRENDER OF POSSESSION OF THE LICENSE TO ANY PERSON
EITHER TEMPORARILY OR PERMANENTLY WITHOUT SATISFACTORY EXPLANATION;
(I) FALSE IMPERSONATION OF ANOTHER LICENSEE UNDER THIS ACT;
(J) RECEIPT OR SOLICITATION OF ANYTHING OF VALUE FROM ANY PERSON OTHER
THAN THE LICENSEE'S EMPLOYER AS CONSIDERATION FOR THE SELECTION OR
RETENTION FOR EMPLOYMENT OF ANY LONGSHORE WORKER;
(K) COERCION OF A LONGSHORE WORKER TO MAKE PURCHASES FROM OR TO
UTILIZE THE SERVICES OF ANY PERSON;
(L) LENDING ANY MONEY TO OR BORROWING ANY MONEY FROM A LONGSHORE WORK-
ER FOR WHICH THERE IS A CHARGE OF INTEREST OR OTHER CONSIDERATION; AND
(M) MEMBERSHIP IN A LABOR ORGANIZATION WHICH REPRESENTS LONGSHORE
WORKERS OR SECURITY OFFICERS; BUT NOTHING IN THIS SECTION SHALL BE
DEEMED TO PROHIBIT PIER SUPERINTENDENTS OR HIRING AGENTS FROM BEING
REPRESENTED BY A LABOR ORGANIZATION OR ORGANIZATIONS WHICH DO NOT ALSO
REPRESENT LONGSHORE WORKERS OR SECURITY OFFICERS. THE AMERICAN FEDER-
ATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS AND ANY OTHER
SIMILAR FEDERATION, CONGRESS OR OTHER ORGANIZATION OF NATIONAL OR INTER-
NATIONAL OCCUPATIONAL OR INDUSTRIAL LABOR ORGANIZATIONS SHALL NOT BE
CONSIDERED AN ORGANIZATION WHICH REPRESENTS LONGSHORE WORKERS OR SECURI-
TY OFFICERS WITHIN THE MEANING OF THIS SECTION ALTHOUGH ONE OF THE
FEDERATED OR CONSTITUENT LABOR ORGANIZATIONS THEREOF MAY REPRESENT LONG-
SHORE WORKERS OR SECURITY OFFICERS.
8. ANY APPLICANT FOR PIER SUPERINTENDENT OR HIRING AGENT INELIGIBLE
FOR A LICENSE BY REASON OF THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVI-
SION THREE OF THIS SECTION MAY PETITION FOR AND THE COMMISSION MAY ISSUE
AN ORDER REMOVING THE INELIGIBILITY. A PETITION FOR AN ORDER TO REMOVE
INELIGIBILITY MAY BE MADE TO THE COMMISSION BEFORE OR AFTER THE HEARING
REQUIRED BY SECTION FIVE HUNDRED THIRTY-FOUR-N OF THIS ARTICLE.
§ 534-G. STEVEDORES. 1. NO PERSON SHALL ACT AS A STEVEDORE WITHIN THE
PORT OF NEW YORK DISTRICT IN THIS STATE WITHOUT HAVING FIRST OBTAINED A
LICENSE FROM THE COMMISSION OR PREVIOUSLY, FROM THE BI-STATE COMMISSION,
AND NO PERSON SHALL EMPLOY A STEVEDORE TO PERFORM SERVICES AS SUCH WITH-
S. 8308--C 23 A. 8808--C
IN THE PORT OF NEW YORK DISTRICT IN THIS STATE UNLESS THE STEVEDORE IS
SO LICENSED.
2. ANY PERSON INTENDING TO ACT AS A STEVEDORE WITHIN THE PORT OF NEW
YORK DISTRICT IN THIS STATE SHALL FILE IN THE OFFICE OF THE COMMISSION A
WRITTEN APPLICATION FOR A LICENSE TO ENGAGE IN SUCH OCCUPATION, DULY
SIGNED AND VERIFIED AS FOLLOWS:
(A) IF THE APPLICANT IS A NATURAL PERSON, THE APPLICATION SHALL BE
SIGNED AND VERIFIED BY SUCH PERSON AND IF THE APPLICANT IS A PARTNER-
SHIP, THE APPLICATION SHALL BE SIGNED AND VERIFIED BY EACH NATURAL
PERSON COMPOSING OR INTENDING TO COMPOSE SUCH PARTNERSHIP. THE APPLICA-
TION SHALL STATE THE FULL NAME, AGE, RESIDENCE, BUSINESS ADDRESS, IF
ANY, PRESENT AND PREVIOUS OCCUPATIONS OF EACH NATURAL PERSON SO SIGNING
THE SAME, AND ANY OTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE
COMMISSION TO ASCERTAIN THE CHARACTER, INTEGRITY AND IDENTITY OF EACH
NATURAL PERSON SO SIGNING SUCH APPLICATION.
(B) IF THE APPLICANT IS A CORPORATION, THE APPLICATION SHALL BE SIGNED
AND VERIFIED BY THE PRESIDENT, SECRETARY AND TREASURER THEREOF, AND
SHALL SPECIFY THE NAME OF THE CORPORATION, THE DATE AND PLACE OF ITS
INCORPORATION, THE LOCATION OF ITS PRINCIPAL PLACE OF BUSINESS, THE
NAMES AND ADDRESSES OF, AND THE AMOUNT OF THE STOCK HELD BY STOCKHOLDERS
OWNING FIVE PERCENT OR MORE OF ANY OF THE STOCK THEREOF, AND OF ALL
OFFICERS, INCLUDING ALL MEMBERS OF THE BOARD OF DIRECTORS. THE REQUIRE-
MENTS OF PARAGRAPH (A) OF THIS SUBDIVISION AS TO A NATURAL PERSON WHO IS
A MEMBER OF A PARTNERSHIP, AND SUCH REQUIREMENTS AS MAY BE SPECIFIED IN
RULES AND REGULATIONS PROMULGATED BY THE COMMISSION, SHALL APPLY TO EACH
SUCH OFFICER OR STOCKHOLDER AND THEIR SUCCESSORS IN OFFICE OR INTEREST.
(C) IN THE EVENT OF THE DEATH, RESIGNATION OR REMOVAL OF ANY OFFICER,
AND IN THE EVENT OF ANY CHANGE IN THE LIST OF STOCKHOLDERS WHO SHALL OWN
FIVE PERCENT OR MORE OF THE STOCK OF THE CORPORATION, THE SECRETARY OF
SUCH CORPORATION SHALL FORTHWITH GIVE NOTICE OF THAT FACT IN WRITING TO
THE COMMISSION CERTIFIED BY SAID SECRETARY.
3. NO SUCH LICENSE SHALL BE GRANTED:
(A) IF ANY PERSON WHOSE SIGNATURE OR NAME APPEARS IN THE APPLICATION
IS NOT THE REAL PARTY IN INTEREST REQUIRED BY SUBDIVISION TWO OF THIS
SECTION TO SIGN OR TO BE IDENTIFIED IN THE APPLICATION OR IF THE PERSON
SO SIGNING OR NAMED IN THE APPLICATION IS AN UNDISCLOSED AGENT OR TRUS-
TEE FOR ANY SUCH REAL PARTY IN INTEREST;
(B) UNLESS THE COMMISSION SHALL BE SATISFIED THAT THE APPLICANT AND
ALL MEMBERS, OFFICERS AND STOCKHOLDERS REQUIRED BY SUBDIVISION TWO OF
THIS SECTION TO SIGN OR BE IDENTIFIED IN THE APPLICATION FOR LICENSE
POSSESS GOOD CHARACTER AND INTEGRITY;
(C) UNLESS THE APPLICANT IS EITHER A NATURAL PERSON, PARTNERSHIP OR
CORPORATION;
(D) UNLESS THE APPLICANT SHALL BE A PARTY TO A CONTRACT THEN IN FORCE
OR WHICH WILL TAKE EFFECT UPON THE ISSUANCE OF A LICENSE, WITH A CARRIER
OF FREIGHT BY WATER FOR THE LOADING AND UNLOADING BY THE APPLICANT OF
ONE OR MORE VESSELS OF SUCH CARRIER AT A PIER WITHIN THE PORT OF NEW
YORK DISTRICT IN THIS STATE;
(E) IF THE APPLICANT OR ANY MEMBER, OFFICER OR STOCKHOLDER REQUIRED BY
SUBDIVISION TWO OF THIS SECTION TO SIGN OR BE IDENTIFIED IN THE APPLICA-
TION FOR LICENSE HAS, WITHOUT SUBSEQUENT PARDON, BEEN CONVICTED BY A
COURT OF THE UNITED STATES OR ANY STATE OR TERRITORY THEREOF OF THE
COMMISSION OF, OR THE ATTEMPT OR CONSPIRACY TO COMMIT, TREASON, MURDER,
MANSLAUGHTER OR ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT FOR A TERM
EXCEEDING ONE YEAR OR ANY OF THE MISDEMEANORS OR OFFENSES DESCRIBED IN
PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-FOUR-F
S. 8308--C 24 A. 8808--C
OF THIS ARTICLE. ANY APPLICANT INELIGIBLE FOR A LICENSE BY REASON OF
ANY SUCH CONVICTION MAY SUBMIT SATISFACTORY EVIDENCE TO THE COMMISSION
THAT THE PERSON WHOSE CONVICTION WAS THE BASIS OF INELIGIBILITY HAS FOR
A PERIOD OF NOT LESS THAN FIVE YEARS, MEASURED AS HEREINAFTER PROVIDED
AND UP TO THE TIME OF APPLICATION, SO ACTED IN A MANNER AS TO WARRANT
THE GRANT OF SUCH LICENSE, IN WHICH EVENT THE COMMISSION MAY, IN ITS
DISCRETION ISSUE AN ORDER REMOVING SUCH INELIGIBILITY. THE AFORESAID
PERIOD OF FIVE YEARS SHALL BE MEASURED EITHER FROM THE DATE OF PAYMENT
OF ANY FINE IMPOSED UPON SUCH PERSON OR THE SUSPENSION OF SENTENCE OR
FROM THE DATE OF THE PERSON'S UNREVOKED RELEASE FROM CUSTODY BY PAROLE,
COMMUTATION OR TERMINATION OF THE PERSON'S SENTENCE;
(F) IF THE APPLICANT HAS PAID, GIVEN, CAUSED TO HAVE BEEN PAID OR
GIVEN OR OFFERED TO PAY OR GIVE TO ANY OFFICER OR EMPLOYEE OF ANY CARRI-
ER OF FREIGHT BY WATER ANY VALUABLE CONSIDERATION FOR AN IMPROPER OR
UNLAWFUL PURPOSE OR TO INDUCE SUCH PERSON TO PROCURE THE EMPLOYMENT OF
THE APPLICANT BY SUCH CARRIER FOR THE PERFORMANCE OF STEVEDORING
SERVICES;
(G) IF THE APPLICANT HAS PAID, GIVEN, CAUSED TO BE PAID OR GIVEN OR
OFFERED TO PAY OR GIVE TO ANY OFFICER OR REPRESENTATIVE OF A LABOR
ORGANIZATION ANY VALUABLE CONSIDERATION FOR AN IMPROPER OR UNLAWFUL
PURPOSE OR TO INDUCE SUCH OFFICER OR REPRESENTATIVE TO SUBORDINATE THE
INTERESTS OF SUCH LABOR ORGANIZATION OR ITS MEMBERS IN THE MANAGEMENT OF
THE AFFAIRS OF SUCH LABOR ORGANIZATION TO THE INTERESTS OF THE APPLI-
CANT.
(H) IF THE APPLICANT HAS PAID, GIVEN, CAUSED TO HAVE BEEN PAID OR
GIVEN OR OFFERED TO PAY OR GIVE TO ANY AGENT OF ANY CARRIER OF FREIGHT
BY WATER ANY VALUABLE CONSIDERATION FOR AN IMPROPER OR UNLAWFUL PURPOSE
OR, WITHOUT THE KNOWLEDGE AND CONSENT OF SUCH CARRIER, TO INDUCE SUCH
AGENT TO PROCURE THE EMPLOYMENT OF THE APPLICANT BY SUCH CARRIER OR ITS
AGENT FOR THE PERFORMANCE OF STEVEDORING SERVICES.
4. WHEN THE APPLICATION SHALL HAVE BEEN EXAMINED AND SUCH FURTHER
INQUIRY AND INVESTIGATION MADE AS THE COMMISSION SHALL DEEM PROPER AND
WHEN THE COMMISSION SHALL BE SATISFIED THEREFROM THAT THE APPLICANT
POSSESSES THE QUALIFICATIONS AND REQUIREMENTS PRESCRIBED IN THIS
SECTION, THE COMMISSION SHALL ISSUE AND DELIVER A LICENSE TO SUCH APPLI-
CANT. THE COMMISSION MAY ISSUE A TEMPORARY PERMIT TO ANY APPLICANT FOR
A LICENSE UNDER THE PROVISIONS OF THIS SECTION PENDING FINAL ACTION ON
AN APPLICATION MADE FOR SUCH A LICENSE. ANY SUCH PERMIT SHALL BE VALID
FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
5. A STEVEDORE'S LICENSE GRANTED PURSUANT TO THIS SECTION SHALL BE FOR
A TERM OF FIVE YEARS OR FRACTION OF SUCH FIVE YEAR PERIOD, AND SHALL
EXPIRE ON THE FIRST DAY OF DECEMBER. IN THE EVENT OF THE DEATH OF THE
LICENSEE, IF A NATURAL PERSON, OR ITS TERMINATION OR DISSOLUTION BY
REASON OF A DEATH OF A PARTNER, IF A PARTNERSHIP, OR IF THE LICENSEE
SHALL CEASE TO BE A PARTY TO ANY CONTRACT OF THE TYPE REQUIRED BY PARA-
GRAPH (D) OF SUBDIVISION THREE OF THIS SECTION, THE LICENSE SHALL TERMI-
NATE NINETY DAYS AFTER SUCH EVENT OR UPON ITS EXPIRATION DATE, WHICHEVER
SHALL BE SOONER. A LICENSE MAY BE RENEWED BY THE COMMISSION FOR SUCCES-
SIVE FIVE YEAR PERIODS UPON FULFILLING THE SAME REQUIREMENTS AS ARE SET
FORTH IN THIS SECTION FOR AN ORIGINAL APPLICATION FOR A STEVEDORE'S
LICENSE.
6. ANY LICENSE ISSUED PURSUANT TO THIS SECTION MAY BE REVOKED OR
SUSPENDED FOR SUCH PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST
OR THE LICENSEE THEREUNDER MAY BE REPRIMANDED FOR ANY OF THE FOLLOWING
OFFENSES ON THE PART OF THE LICENSEE OR OF ANY PERSON REQUIRED BY SUBDI-
S. 8308--C 25 A. 8808--C
VISION TWO OF THIS SECTION TO SIGN OR BE IDENTIFIED IN AN ORIGINAL
APPLICATION FOR A LICENSE:
(A) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT OR REQUIRE
DISQUALIFICATION OF THE LICENSEE FROM RECEIVING A LICENSE UPON ORIGINAL
APPLICATION;
(B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING THE LICENSE OR IN
THE CONDUCT OF THE LICENSED ACTIVITY;
(C) FAILURE BY THE LICENSEE TO MAINTAIN A COMPLETE SET OF BOOKS AND
RECORDS CONTAINING A TRUE AND ACCURATE ACCOUNT OF THE LICENSEE'S
RECEIPTS AND DISBURSEMENTS ARISING OUT OF THE LICENSEE'S ACTIVITIES
WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE;
(D) FAILURE TO KEEP SAID BOOKS AND RECORDS AVAILABLE DURING BUSINESS
HOURS FOR INSPECTION BY THE COMMISSION AND ITS DULY DESIGNATED REPRESEN-
TATIVES UNTIL THE EXPIRATION OF THE FIFTH CALENDAR YEAR FOLLOWING THE
CALENDAR YEAR DURING WHICH OCCURRED THE TRANSACTIONS RECORDED THEREIN;
(E) ANY OTHER OFFENSE DESCRIBED IN PARAGRAPHS (C), (D), (E), (F), (G),
(H) AND (I) OF SUBDIVISION SEVEN OF SECTION FIVE HUNDRED THIRTY-FOUR-F
OF THIS ARTICLE.
§ 534-H. PROHIBITION OF PUBLIC LOADING. 1. IT IS UNLAWFUL FOR ANY
PERSON TO LOAD OR UNLOAD WATERBORNE FREIGHT ONTO OR FROM VEHICLES OTHER
THAN RAILROAD CARS AT PIERS OR AT OTHER WATERFRONT TERMINALS WITHIN THE
PORT OF NEW YORK DISTRICT IN THIS STATE, FOR A FEE OR OTHER COMPEN-
SATION, OTHER THAN THE FOLLOWING PERSONS AND THEIR EMPLOYEES:
(A) CARRIERS OF FREIGHT BY WATER, BUT ONLY AT PIERS AT WHICH THEIR
VESSELS ARE BERTHED;
(B) OTHER CARRIERS OF FREIGHT (INCLUDING BUT NOT LIMITED TO RAILROADS
AND TRUCKERS), BUT ONLY IN CONNECTION WITH FREIGHT TRANSPORTED OR TO BE
TRANSPORTED BY SUCH CARRIERS;
(C) OPERATORS OF PIERS OR OTHER WATERFRONT TERMINALS (INCLUDING RAIL-
ROADS, TRUCK TERMINAL OPERATORS, WAREHOUSE WORKERS AND OTHER PERSONS),
BUT ONLY AT PIERS OR OTHER WATERFRONT TERMINALS OPERATED BY THEM;
(D) SHIPPERS OR CONSIGNEES OF FREIGHT, BUT ONLY IN CONNECTION WITH
FREIGHT SHIPPED BY SUCH SHIPPER OR CONSIGNED TO SUCH CONSIGNEE;
(E) STEVEDORES LICENSED UNDER SECTION FIVE HUNDRED THIRTY-FOUR-G OF
THIS ARTICLE, WHETHER OR NOT SUCH WATERBORNE FREIGHT HAS BEEN OR IS TO
BE TRANSPORTED BY A CARRIER OF FREIGHT BY WATER WITH WHICH SUCH STEVE-
DORE SHALL HAVE A CONTRACT OF THE TYPE PRESCRIBED BY PARAGRAPH (D) OF
SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-FOUR-G OF THIS ARTICLE.
2. NOTHING IN THIS SECTION CONTAINED SHALL BE DEEMED TO PERMIT ANY
SUCH LOADING OR UNLOADING OF ANY WATERBORNE FREIGHT AT ANY PLACE BY ANY
SUCH PERSON BY MEANS OF ANY INDEPENDENT CONTRACTOR, OR ANY OTHER AGENT
OTHER THAN AN EMPLOYEE, UNLESS SUCH INDEPENDENT CONTRACTOR IS A PERSON
PERMITTED BY THIS SECTION TO LOAD OR UNLOAD SUCH FREIGHT AT SUCH PLACE
IN THE PERSON'S OWN RIGHT.
§ 534-I. LONGSHORE WORKERS' REGISTER. 1. THE COMMISSION SHALL MAINTAIN
A LONGSHORE WORKERS' REGISTER IN WHICH SHALL BE INCLUDED ALL QUALIFIED
LONGSHORE WORKERS ELIGIBLE, AS PROVIDED, FOR EMPLOYMENT AS SUCH IN THE
PORT OF NEW YORK DISTRICT IN THIS STATE. NO PERSON SHALL ACT AS A LONG-
SHORE WORKER WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE UNLESS
AT THE TIME SUCH PERSON IS INCLUDED IN THE LONGSHORE WORKERS' REGISTER,
AND NO PERSON SHALL EMPLOY ANOTHER TO WORK AS A LONGSHORE WORKER WITHIN
THE PORT OF NEW YORK DISTRICT IN THIS STATE UNLESS AT THE TIME SUCH
OTHER PERSON IS INCLUDED IN THE LONGSHORE WORKERS' REGISTER.
2. ANY PERSON APPLYING FOR INCLUSION IN THE LONGSHORE WORKERS' REGIS-
TER SHALL FILE AT SUCH PLACE AND IN SUCH MANNER AS THE COMMISSION SHALL
DESIGNATE A WRITTEN STATEMENT, SIGNED AND VERIFIED BY SUCH PERSON,
S. 8308--C 26 A. 8808--C
SETTING FORTH THE PERSON'S FULL NAME, RESIDENCE ADDRESS, SOCIAL SECURI-
TY NUMBER, AND SUCH FURTHER FACTS AND EVIDENCE AS THE COMMISSION MAY
PRESCRIBE TO ESTABLISH THE IDENTITY OF SUCH PERSON AND THE PERSON'S
CRIMINAL RECORD, IF ANY.
3. THE COMMISSION MAY IN ITS DISCRETION DENY APPLICATION FOR INCLUSION
IN THE LONGSHORE WORKERS' REGISTER BY A PERSON:
(A) WHO HAS BEEN CONVICTED BY A COURT OF THE UNITED STATES OR ANY
STATE OR TERRITORY THEREOF, WITHOUT SUBSEQUENT PARDON, OF TREASON,
MURDER, MANSLAUGHTER OR OF ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT
FOR A TERM EXCEEDING THREE HUNDRED SIXTY-FOUR DAYS OR OF ANY OF THE
MISDEMEANORS OR OFFENSES DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION THREE
OF SECTION FIVE HUNDRED THIRTY-FOUR-F OF THIS ARTICLE OR OF ATTEMPT OR
CONSPIRACY TO COMMIT ANY OF SUCH CRIMES;
(B) WHO KNOWINGLY OR WILLINGLY ADVOCATES THE DESIRABILITY OF OVER-
THROWING OR DESTROYING THE GOVERNMENT OF THE UNITED STATES BY FORCE OR
VIOLENCE OR WHO SHALL BE A MEMBER OF A GROUP WHICH ADVOCATES SUCH DESIR-
ABILITY KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH ADVOCACY;
(C) WHOSE PRESENCE AT THE PIERS OR OTHER WATERFRONT TERMINALS IN THE
PORT OF NEW YORK DISTRICT IN THIS STATE IS FOUND BY THE COMMISSION ON
THE BASIS OF THE FACTS AND EVIDENCE BEFORE IT, TO CONSTITUTE A DANGER TO
THE PUBLIC PEACE OR SAFETY.
4. UNLESS THE COMMISSION SHALL DETERMINE TO EXCLUDE THE APPLICANT FROM
THE LONGSHORE WORKERS' REGISTER ON A GROUND SET FORTH IN SUBDIVISION
THREE OF THIS SECTION IT SHALL INCLUDE SUCH PERSON IN THE LONGSHORE
WORKERS' REGISTER. THE COMMISSION SHALL ISSUE A DETERMINATION WITHIN
THIRTY DAYS OF RECEIPT OF THE APPLICATION PROVIDED, HOWEVER, THAT THIS
TIME REQUIREMENT SHALL NOT APPLY FOR ANY PERIOD OF DELAY CAUSED OR
REQUESTED BY THE APPLICANT. IF THE COMMISSION CANNOT MAKE A DETERMI-
NATION WITHIN THAT TIME, IT SHALL NOTIFY THE APPLICANT THAT THE APPLICA-
TION IS STILL UNDER REVIEW. THE COMMISSION MAY PERMIT TEMPORARY REGIS-
TRATION OF ANY APPLICANT UNDER THE PROVISIONS OF THIS SECTION PENDING
FINAL ACTION ON AN APPLICATION MADE FOR SUCH REGISTRATION. ANY SUCH
TEMPORARY REGISTRATION SHALL BE VALID FOR A PERIOD NOT IN EXCESS OF SIX
MONTHS.
5. THE COMMISSION SHALL HAVE POWER TO REPRIMAND ANY LONGSHORE WORKER
REGISTERED UNDER THIS SECTION OR TO REMOVE THAT PERSON FROM THE LONG-
SHORE WORKERS' REGISTER FOR SUCH PERIOD AS IT DEEMS IN THE PUBLIC INTER-
EST FOR ANY OF THE FOLLOWING OFFENSES:
(A) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT DISQUALI-
FICATION OF SUCH PERSON FROM INCLUSION IN THE LONGSHORE WORKERS' REGIS-
TER UPON ORIGINAL APPLICATION;
(B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING INCLUSION IN THE
LONGSHORE WORKERS' REGISTER;
(C) TRANSFER OR SURRENDER OF POSSESSION TO ANY PERSON EITHER TEMPORAR-
ILY OR PERMANENTLY OF ANY CARD OR OTHER MEANS OF IDENTIFICATION ISSUED
BY THE COMMISSION AS EVIDENCE OF INCLUSION IN THE LONGSHORE WORKERS'
REGISTER, WITHOUT SATISFACTORY EXPLANATION;
(D) FALSE IMPERSONATION OF ANOTHER LONGSHORE WORKER REGISTERED UNDER
THIS SECTION OR OF ANOTHER PERSON LICENSED UNDER THIS ACT;
(E) WILLFUL COMMISSION OF OR WILLFUL ATTEMPT TO COMMIT AT OR ON A
WATERFRONT TERMINAL OR ADJACENT HIGHWAY ANY ACT OF PHYSICAL INJURY TO
ANY OTHER PERSON OR OF WILLFUL DAMAGE TO OR MISAPPROPRIATION OF ANY
OTHER PERSON'S PROPERTY, UNLESS JUSTIFIED OR EXCUSED BY LAW; AND
(F) ANY OTHER OFFENSE DESCRIBED IN PARAGRAPHS (C), (D), (E), AND (F)
OF SUBDIVISION SEVEN OF SECTION FIVE HUNDRED THIRTY-FOUR-F OF THIS ARTI-
CLE.
S. 8308--C 27 A. 8808--C
6. WHENEVER, AS A RESULT OF LEGISLATIVE AMENDMENTS TO THIS ACT OR OF A
RULING BY THE COMMISSION, REGISTRATION AS A LONGSHORE WORKER IS REQUIRED
FOR ANY PERSON TO CONTINUE EMPLOYMENT, SUCH PERSON SHALL BE REGISTERED
AS A LONGSHORE WORKER WITHOUT REGARD TO THE PROVISIONS OF SECTION FIVE
HUNDRED THIRTY-FOUR-L OF THIS ARTICLE, PROVIDED, HOWEVER, THAT SUCH
PERSON SATISFIES ALL THE OTHER REQUIREMENTS OF THIS ACT FOR REGISTRATION
AS A LONGSHORE WORKER.
7. THE COMMISSION SHALL HAVE THE RIGHT TO RECOVER POSSESSION OF ANY
CARD OR OTHER MEANS OF IDENTIFICATION ISSUED AS EVIDENCE OF INCLUSION IN
THE LONGSHORE WORKERS' REGISTER IF THE HOLDER THEREOF HAS BEEN REMOVED
FROM THE LONGSHORE WORKERS' REGISTER.
8. NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT IN
ANY WAY ANY RIGHTS OF LABOR RESERVED BY SECTION FIVE HUNDRED THIRTY-
FOUR-Q OF THIS ARTICLE.
§ 534-J. LIST OF QUALIFIED LONGSHORE WORKERS FOR EMPLOYMENT AS CHECK-
ERS. 1. THE COMMISSION SHALL MAINTAIN WITHIN THE LONGSHORE WORKERS'
REGISTER A LIST OF ALL QUALIFIED LONGSHORE WORKERS ELIGIBLE, AS PROVIDED
IN THIS SECTION, FOR EMPLOYMENT AS CHECKERS IN THE PORT OF NEW YORK
DISTRICT IN THIS STATE. NO PERSON SHALL ACT AS A CHECKER WITHIN THE
PORT OF NEW YORK DISTRICT IN THIS STATE UNLESS AT THE TIME SUCH PERSON
IS INCLUDED IN THE LONGSHORE WORKERS' REGISTER AS A CHECKER, AND NO
PERSON SHALL EMPLOY ANOTHER TO WORK AS A CHECKER WITHIN THE PORT OF NEW
YORK DISTRICT IN THIS STATE UNLESS AT THE TIME SUCH OTHER PERSON IS
INCLUDED IN THE LONGSHORE WORKERS' REGISTER AS A CHECKER.
2. ANY PERSON APPLYING FOR INCLUSION IN THE LONGSHORE WORKERS' REGIS-
TER AS A CHECKER SHALL FILE AT ANY SUCH PLACE AND IN SUCH MANNER AS THE
COMMISSION SHALL DESIGNATE A WRITTEN STATEMENT, SIGNED AND VERIFIED BY
SUCH PERSON, SETTING FORTH THE FOLLOWING:
(A) THE FULL NAME, RESIDENCE, PLACE AND DATE OF BIRTH AND SOCIAL SECU-
RITY NUMBER OF THE APPLICANT;
(B) THE PRESENT AND PREVIOUS OCCUPATIONS OF THE APPLICANT, INCLUDING
THE PLACES WHERE SUCH PERSON WAS EMPLOYED AND THE NAMES OF THAT PERSON'S
EMPLOYERS;
(C) SUCH FURTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE COMMIS-
SION TO ASCERTAIN THE CHARACTER, INTEGRITY AND IDENTITY OF THE APPLI-
CANT.
3. NO PERSON SHALL BE INCLUDED IN THE LONGSHORE WORKERS' REGISTER AS A
CHECKER:
(A) UNLESS THE COMMISSION SHALL BE SATISFIED THAT THE APPLICANT
POSSESSES GOOD CHARACTER AND INTEGRITY;
(B) IF THE APPLICANT HAS, WITHOUT SUBSEQUENT PARDON, BEEN CONVICTED
BY A COURT OF THE UNITED STATES OR ANY STATE OR TERRITORY THEREOF, OF
THE COMMISSION OF, OR THE ATTEMPT OR CONSPIRACY TO COMMIT, TREASON,
MURDER, MANSLAUGHTER OR ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT
FOR A TERM EXCEEDING THREE HUNDRED SIXTY-FOUR DAYS OR ANY OF THE FOLLOW-
ING MISDEMEANORS OR OFFENSES: ILLEGALLY USING, CARRYING OR POSSESSING A
PISTOL OR ANOTHER DANGEROUS WEAPON; MAKING OR POSSESSING BURGLAR'S
INSTRUMENTS; BUYING OR RECEIVING STOLEN PROPERTY; UNLAWFUL ENTRY OF A
BUILDING; AIDING AN ESCAPE FROM PRISON; UNLAWFULLY POSSESSING, POSSESS-
ING WITH INTENT TO DISTRIBUTE, SALE OR DISTRIBUTION OF A CONTROLLED
DANGEROUS SUBSTANCE (CONTROLLED SUBSTANCE) OR A CONTROLLED DANGEROUS
SUBSTANCE ANALOG (CONTROLLED SUBSTANCE ANALOG); PETTY LARCENY, WHERE THE
EVIDENCE SHOWS THE PROPERTY WAS STOLEN FROM A VESSEL, PIER OR OTHER
WATERFRONT TERMINAL; AND VIOLATION OF THE ACT. ANY SUCH APPLICANT INELI-
GIBLE FOR INCLUSION IN THE LONGSHORE WORKERS' REGISTER AS A CHECKER BY
REASON OF ANY SUCH CONVICTION MAY SUBMIT SATISFACTORY EVIDENCE TO THE
S. 8308--C 28 A. 8808--C
COMMISSION THAT THE PERSON HAS FOR A PERIOD OF NOT LESS THAN FIVE YEARS,
MEASURED AS PROVIDED IN THIS SECTION, AND UP TO THE TIME OF APPLICA-
TION, SO ACTED IN A MANNER AS TO WARRANT INCLUSION IN THE LONGSHORE
WORKERS' REGISTER AS A CHECKER, IN WHICH EVENT THE COMMISSION MAY, IN
ITS DISCRETION, ISSUE AN ORDER REMOVING SUCH INELIGIBILITY. THE AFORE-
SAID PERIOD OF FIVE YEARS SHALL BE MEASURED EITHER FROM THE DATE OF
PAYMENT OF ANY FINE IMPOSED UPON SUCH PERSON OR THE SUSPENSION OF
SENTENCE OR FROM THE DATE OF SUCH PERSON'S UNREVOKED RELEASE FROM
CUSTODY BY PAROLE, COMMUTATION OR TERMINATION OF SUCH PERSON'S SENTENCE;
(C) IF THE APPLICANT KNOWINGLY OR WILLFULLY ADVOCATES THE DESIRABILITY
OF OVERTHROWING OR DESTROYING THE GOVERNMENT OF THE UNITED STATES BY
FORCE OR VIOLENCE OR SHALL BE A MEMBER OF A GROUP WHICH ADVOCATES SUCH
DESIRABILITY, KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH ADVOCACY.
4. WHEN THE APPLICATION SHALL HAVE BEEN EXAMINED AND SUCH FURTHER
INQUIRY AND INVESTIGATION MADE AS THE COMMISSION SHALL DEEM PROPER AND
WHEN THE COMMISSION SHALL BE SATISFIED THEREFROM THAT THE APPLICANT
POSSESSES THE QUALIFICATIONS AND REQUIREMENTS PRESCRIBED BY THIS
SECTION, THE COMMISSION SHALL INCLUDE THE APPLICANT IN THE LONGSHORE
WORKERS' REGISTER AS A CHECKER. THE COMMISSION MAY PERMIT TEMPORARY
REGISTRATION AS A CHECKER TO ANY APPLICANT UNDER THIS SECTION PENDING
FINAL ACTION ON AN APPLICATION MADE FOR SUCH REGISTRATION, UNDER SUCH
TERMS AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE, WHICH SHALL BE
VALID FOR A PERIOD TO BE FIXED BY THE COMMISSION, NOT IN EXCESS OF SIX
MONTHS.
5. THE COMMISSION SHALL HAVE POWER TO REPRIMAND ANY CHECKER REGISTERED
UNDER THIS SECTION OR TO REMOVE SUCH PERSON FROM THE LONGSHORE WORKERS'
REGISTER AS A CHECKER FOR SUCH PERIOD OF TIME AS IT DEEMS IN THE PUBLIC
INTEREST FOR ANY OF THE FOLLOWING OFFENSES:
(A) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT DISQUALI-
FICATION OF SUCH PERSON FROM INCLUSION IN THE LONGSHORE WORKERS' REGIS-
TER AS A CHECKER UPON ORIGINAL APPLICATION;
(B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING INCLUSION IN THE
LONGSHORE WORKERS' REGISTER AS A CHECKER OR IN THE CONDUCT OF THE REGIS-
TERED ACTIVITY;
(C) VIOLATION OF ANY OF THE PROVISIONS OF THIS ACT;
(D) CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE OR CRIMINAL SALE OF
A CONTROLLED SUBSTANCE;
(E) INDUCING OR OTHERWISE AIDING OR ABETTING ANY PERSON TO VIOLATE THE
TERMS OF THIS ACT;
(F) PAYING, GIVING, CAUSING TO BE PAID OR GIVEN OR OFFERING TO PAY OR
GIVE TO ANY PERSON ANY VALUABLE CONSIDERATION TO INDUCE SUCH OTHER
PERSON TO VIOLATE ANY PROVISION OF THIS ACT OR TO INDUCE ANY PUBLIC
OFFICER, AGENT OR EMPLOYEE TO FAIL TO PERFORM THE PERSON'S DUTY UNDER
THIS ACT;
(G) CONSORTING WITH KNOWN CRIMINALS FOR AN UNLAWFUL PURPOSE, PROVIDED,
HOWEVER, THAT CONSORTING WITHOUT UNLAWFUL PURPOSE SHALL BE INSUFFICIENT
GROUNDS FOR REPRIMAND;
(H) TRANSFER OR SURRENDER OF POSSESSION TO ANY PERSON EITHER TEMPORAR-
ILY OR PERMANENTLY OF ANY CARD OR OTHER MEANS OF IDENTIFICATION ISSUED
BY THE COMMISSION AS EVIDENCE OF INCLUSION IN THE WORKERS' REGISTER
WITHOUT SATISFACTORY EXPLANATION;
(I) FALSE IMPERSONATION OF ANOTHER LONGSHORE WORKER OR OF ANOTHER
PERSON LICENSED UNDER THIS ACT.
6. THE COMMISSION SHALL HAVE THE RIGHT TO RECOVER POSSESSION OF ANY
CARD OR OTHER MEANS OF IDENTIFICATION ISSUED AS EVIDENCE OF INCLUSION IN
THE LONGSHORE WORKERS' REGISTER AS A CHECKER IN THE EVENT THAT THE HOLD-
S. 8308--C 29 A. 8808--C
ER THEREOF HAS BEEN REMOVED FROM THE LONGSHORE WORKERS' REGISTER AS A
CHECKER.
7. ANY APPLICANT INELIGIBLE FOR INCLUSION IN THE LONGSHORE WORKERS'
REGISTER AS A CHECKER BY REASON OF THE PROVISIONS OF PARAGRAPH (B) OF
SUBDIVISION THREE OF THIS SECTION MAY PETITION FOR AND THE COMMISSION
MAY ISSUE AN ORDER REMOVING THE INELIGIBILITY. A PETITION FOR AN ORDER
TO REMOVE INELIGIBILITY MAY BE MADE TO THE COMMISSION BEFORE OR AFTER
THE HEARING REQUIRED BY SECTION FIVE HUNDRED THIRTY-FOUR-N OF THIS ARTI-
CLE.
8. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO LIMIT IN
ANY WAY ANY RIGHTS OF LABOR RESERVED BY SECTION FIVE HUNDRED THIRTY-
FOUR-Q OF THIS ARTICLE.
§ 534-K. REGULARIZATION OF LONGSHORE WORKERS' EMPLOYMENT. 1. THE
COMMISSION SHALL, AT REGULAR INTERVALS, REMOVE FROM THE LONGSHORE WORK-
ERS' REGISTER ANY PERSON WHO SHALL HAVE BEEN REGISTERED FOR AT LEAST
NINE MONTHS AND WHO SHALL HAVE FAILED DURING THE PRECEDING SIX CALENDAR
MONTHS EITHER TO HAVE WORKED AS A LONGSHORE WORKER IN THE PORT OF NEW
YORK DISTRICT OR TO HAVE APPLIED FOR EMPLOYMENT AS A LONGSHORE WORKER AT
AN EMPLOYMENT INFORMATION CENTER IN THE PORT OF NEW YORK DISTRICT FOR
SUCH MINIMUM NUMBER OF DAYS AS SHALL HAVE BEEN ESTABLISHED BY THE
COMMISSION PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
2. ON OR BEFORE EACH SUCCEEDING FIRST DAY OF JUNE OR DECEMBER, THE
COMMISSION SHALL, FOR THE PURPOSES OF SUBDIVISION ONE OF THIS SECTION,
ESTABLISH FOR THE SIX-MONTH PERIOD BEGINNING ON EACH SUCH DATE A MINIMUM
NUMBER OF DAYS AND THE DISTRIBUTION OF SUCH DAYS DURING SUCH PERIOD.
3. IN ESTABLISHING ANY SUCH MINIMUM NUMBER OF DAYS OR PERIOD, THE
COMMISSION SHALL OBSERVE THE FOLLOWING STANDARDS:
(A) TO ENCOURAGE AS FAR AS PRACTICABLE THE REGULARIZATION OF THE
EMPLOYMENT OF LONGSHORE WORKERS;
(B) TO BRING THE NUMBER OF ELIGIBLE LONGSHORE WORKERS MORE CLOSELY
INTO BALANCE WITH THE DEMAND FOR LONGSHORE WORKERS' SERVICES WITHIN THE
PORT OF NEW YORK DISTRICT IN THIS STATE WITHOUT REDUCING THE NUMBER OF
ELIGIBLE LONGSHORE WORKERS BELOW THAT NECESSARY TO MEET THE REQUIREMENTS
OF LONGSHORE WORKERS IN THE PORT OF NEW YORK DISTRICT IN THIS STATE;
(C) TO ELIMINATE OPPRESSIVE, UNLAWFUL, DISCRIMINATORY, AND CORRUPT
HIRING PRACTICES AFFECTING LONGSHORE WORKERS AND WATERBORNE COMMERCE IN
THE PORT OF NEW YORK DISTRICT IN THIS STATE; AND
(D) TO ELIMINATE UNLAWFUL PRACTICES INJURIOUS TO WATERFRONT LABOR.
4. A LONGSHORE WORKER WHO HAS BEEN REMOVED FROM THE LONGSHORE WORKERS'
REGISTER PURSUANT TO THIS SECTION MAY SEEK REINSTATEMENT UPON FULFILLING
THE SAME REQUIREMENTS AS FOR INITIAL INCLUSION IN THE LONGSHORE WORKERS'
REGISTER, BUT NOT BEFORE THE EXPIRATION OF ONE YEAR FROM THE DATE OF
REMOVAL, EXCEPT THAT IMMEDIATE REINSTATEMENT SHALL BE MADE UPON PROPER
SHOWING THAT THE REGISTRANT'S FAILURE TO WORK OR APPLY FOR WORK THE
MINIMUM NUMBER OF DAYS ABOVE DESCRIBED WAS CAUSED BY THE FACT THAT THE
REGISTRANT WAS ENGAGED IN THE MILITARY SERVICE OF THE UNITED STATES OR
WAS INCAPACITATED BY ILL HEALTH, PHYSICAL INJURY, OR OTHER GOOD CAUSE.
5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE COMMISSION
SHALL AT ANY TIME HAVE THE POWER TO REGISTER LONGSHORE WORKERS ON A
TEMPORARY BASIS TO MEET SPECIAL OR EMERGENCY NEEDS.
6. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, THE COMMIS-
SION SHALL HAVE THE POWER TO REMOVE FROM THE LONGSHORE WORKERS' REGISTER
ANY PERSON (INCLUDING THOSE PERSONS REGISTERED AS LONGSHORE WORKERS FOR
LESS THAN NINE MONTHS) WHO SHALL HAVE FAILED TO HAVE WORKED AS A LONG-
SHORE WORKER IN THE PORT OF NEW YORK DISTRICT FOR SUCH MINIMUM NUMBER OF
DAYS DURING A PERIOD OF TIME AS SHALL HAVE BEEN ESTABLISHED BY THE
S. 8308--C 30 A. 8808--C
COMMISSION. IN ADMINISTERING THIS SECTION, THE COMMISSION, IN ITS
DISCRETION, MAY COUNT APPLICATIONS FOR EMPLOYMENT AS A LONGSHORE WORKER
AT AN EMPLOYMENT INFORMATION CENTER ESTABLISHED UNDER SECTION FIVE
HUNDRED THIRTY-FOUR-O OF THIS ARTICLE AS CONSTITUTING ACTUAL WORK AS A
LONGSHORE WORKER, PROVIDED, HOWEVER, THAT THE COMMISSION SHALL COUNT AS
ACTUAL WORK THE COMPENSATION RECEIVED BY ANY LONGSHORE WORKER PURSUANT
TO THE GUARANTEED WAGE PROVISIONS OF ANY COLLECTIVE BARGAINING AGREEMENT
RELATING TO LONGSHORE WORKERS. PRIOR TO THE COMMENCEMENT OF ANY PERIOD
OF TIME ESTABLISHED BY THE COMMISSION PURSUANT TO THIS SECTION, THE
COMMISSION SHALL ESTABLISH FOR SUCH PERIOD THE MINIMUM NUMBER OF DAYS OF
WORK REQUIRED AND THE DISTRIBUTION OF SUCH DAYS DURING SUCH PERIOD AND
SHALL ALSO DETERMINE WHETHER OR NOT APPLICATION FOR EMPLOYMENT AS A
LONGSHORE WORKER SHALL BE COUNTED AS CONSTITUTING ACTUAL WORK AS A LONG-
SHORE WORKER. THE COMMISSION MAY CLASSIFY LONGSHORE WORKERS ACCORDING TO
LENGTH OF SERVICE AS A LONGSHORE WORKER AND SUCH OTHER CRITERIA AS MAY
BE REASONABLE AND NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT. THE
COMMISSION SHALL HAVE THE POWER TO VARY THE REQUIREMENTS OF THIS SECTION
WITH RESPECT TO THEIR APPLICATION TO THE VARIOUS CLASSIFICATIONS OF
LONGSHORE WORKERS. IN ADMINISTERING THIS SECTION, THE COMMISSION SHALL
OBSERVE THE STANDARDS SET FORTH IN SECTION FIVE HUNDRED THIRTY-FOUR-L OF
THIS ARTICLE. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO MODIFY,
LIMIT OR RESTRICT IN ANY WAY ANY OF THE RIGHTS PROTECTED BY SECTION FIVE
HUNDRED THIRTY-FOUR-Q OF THIS ARTICLE.
§ 534-L. SUSPENSION OR ACCEPTANCE OF APPLICATIONS FOR INCLUSION IN THE
LONGSHORE WORKERS' REGISTER; EXCEPTIONS. 1. THE COMMISSION SHALL HAVE
THE POWER TO MAKE DETERMINATIONS TO SUSPEND THE ACCEPTANCE OF APPLICA-
TIONS FOR INCLUSION IN THE LONGSHORE WORKERS' REGISTER FOR SUCH PERIODS
OF TIME AS THE COMMISSION MAY FROM TIME TO TIME ESTABLISH AND, AFTER ANY
SUCH PERIOD OF SUSPENSION, THE COMMISSION SHALL HAVE THE POWER TO MAKE
DETERMINATIONS TO ACCEPT APPLICATIONS FOR SUCH PERIOD OF TIME AS THE
COMMISSION MAY ESTABLISH OR IN SUCH NUMBER AS THE COMMISSION MAY DETER-
MINE, OR BOTH. SUCH DETERMINATIONS TO SUSPEND OR ACCEPT APPLICATIONS
SHALL BE MADE BY THE COMMISSION: (A) ON ITS OWN INITIATIVE WHEN IT
DETERMINES THAT CONTINUED ACCEPTANCE OF APPLICATIONS FOR INCLUSION IN
THE LONGSHORE WORKERS' REGISTER WILL VIOLATE THE STANDARDS SET FORTH IN
SUBDIVISION TWO OF THIS SECTION; OR (B) UPON THE JOINT RECOMMENDATION IN
WRITING OF STEVEDORES AND OTHER EMPLOYERS OF LONGSHORE WORKERS IN THE
PORT OF NEW YORK DISTRICT IN THIS STATE, ACTING THROUGH THEIR REPRESEN-
TATIVE FOR THE PURPOSE OF COLLECTIVE BARGAINING WITH A LABOR ORGANIZA-
TION REPRESENTING SUCH LONGSHORE WORKERS IN SUCH DISTRICT AND SUCH LABOR
ORGANIZATION; OR (C) UPON THE PETITION IN WRITING OF A STEVEDORE OR
ANOTHER EMPLOYER OF LONGSHORE WORKERS IN THE PORT OF NEW YORK DISTRICT
IN THIS STATE WHICH DOES NOT HAVE A REPRESENTATIVE FOR THE PURPOSE OF
COLLECTIVE BARGAINING WITH A LABOR ORGANIZATION REPRESENTING SUCH LONG-
SHORE WORKERS. THE COMMISSION SHALL HAVE THE POWER TO ACCEPT OR REJECT
SUCH JOINT RECOMMENDATION OR PETITION. ALL JOINT RECOMMENDATIONS OR
PETITIONS FILED FOR THE ACCEPTANCE OF APPLICATIONS WITH THE COMMISSION
FOR INCLUSION IN THE LONGSHORE WORKERS' REGISTER SHALL INCLUDE:
(I) THE NUMBER OF EMPLOYEES REQUESTED;
(II) THE CATEGORY OR CATEGORIES OF EMPLOYEES REQUESTED;
(III) A DETAILED STATEMENT SETTING FORTH THE REASONS FOR SUCH JOINT
RECOMMENDATION OR PETITION;
(IV) IN CASES WHERE A JOINT RECOMMENDATION IS MADE UNDER THIS SECTION,
THE COLLECTIVE BARGAINING REPRESENTATIVE OF STEVEDORES AND OTHER EMPLOY-
ERS OF LONGSHORE WORKERS IN THE PORT OF NEW YORK DISTRICT IN THIS STATE
AND THE LABOR ORGANIZATION REPRESENTING SUCH LONGSHORE WORKERS SHALL
S. 8308--C 31 A. 8808--C
PROVIDE THE ALLOCATION OF THE NUMBER OF PERSONS TO BE SPONSORED BY EACH
EMPLOYER OF LONGSHORE WORKERS IN THE PORT OF NEW YORK DISTRICT IN THIS
STATE; AND
(V) ANY OTHER INFORMATION REQUESTED BY THE COMMISSION.
2. IN ADMINISTERING THE PROVISIONS OF THIS SECTION, THE COMMISSION
SHALL OBSERVE THE FOLLOWING STANDARDS:
(A) TO ENCOURAGE AS FAR AS PRACTICABLE THE REGULARIZATION OF THE
EMPLOYMENT OF LONGSHORE WORKERS;
(B) TO BRING THE NUMBER OF ELIGIBLE LONGSHORE WORKERS INTO BALANCE
WITH THE DEMAND FOR LONGSHORE WORKERS' SERVICES WITHIN THE PORT OF NEW
YORK DISTRICT IN THIS STATE WITHOUT REDUCING THE NUMBER OF ELIGIBLE
LONGSHORE WORKERS BELOW THAT NECESSARY TO MEET THE REQUIREMENTS OF LONG-
SHORE WORKERS IN THE PORT OF NEW YORK DISTRICT IN THIS STATE;
(C) TO ENCOURAGE THE MOBILITY AND FULL UTILIZATION OF THE EXISTING
WORK FORCE OF LONGSHORE WORKERS;
(D) TO PROTECT THE JOB SECURITY OF THE EXISTING WORK FORCE OF LONG-
SHORE WORKERS BY CONSIDERING THE WAGES AND EMPLOYMENT BENEFITS OF
PROSPECTIVE REGISTRANTS;
(E) TO ELIMINATE OPPRESSIVE, UNLAWFUL, DISCRIMINATORY, AND CORRUPT
HIRING PRACTICES INJURIOUS TO WATERFRONT LABOR AND WATERBORNE COMMERCE
IN THE PORT OF NEW YORK DISTRICT IN THIS STATE, INCLUDING, BUT NOT
LIMITED TO, THOSE OPPRESSIVE, UNLAWFUL, DISCRIMINATORY, AND CORRUPT
HIRING PRACTICES THAT MAY RESULT FROM EITHER A SURPLUS OR SHORTAGE OF
WATERFRONT LABOR;
(F) TO CONSIDER THE EFFECT OF TECHNOLOGICAL CHANGE AND AUTOMATION AND
SUCH OTHER ECONOMIC DATA AND FACTS AS ARE RELEVANT TO A PROPER DETERMI-
NATION; AND
(G) TO PROTECT THE PUBLIC INTEREST OF THIS STATE.
3. (A) IN OBSERVING THE FOREGOING STANDARDS AND BEFORE DETERMINING TO
SUSPEND OR ACCEPT APPLICATIONS FOR INCLUSION IN THE LONGSHORE WORKERS'
REGISTER, THE COMMISSION SHALL CONSULT WITH AND CONSIDER THE VIEWS OF,
INCLUDING ANY STATISTICAL DATA OR OTHER FACTUAL INFORMATION CONCERNING
THE SIZE OF THE LONGSHORE WORKERS' REGISTER SUBMITTED BY, CARRIERS OF
FREIGHT BY WATER, STEVEDORES, WATERFRONT TERMINAL OWNERS AND OPERATORS,
ANY LABOR ORGANIZATION REPRESENTING EMPLOYEES REGISTERED BY THE COMMIS-
SION, AND ANY OTHER PERSON WHOSE INTERESTS MAY BE AFFECTED BY THE SIZE
OF THE LONGSHORE WORKERS' REGISTER. THE COMMISSION SHALL PUBLISH ON ITS
WEBSITE THE JUSTIFICATION FOR ANY DETERMINATION TO SUSPEND APPLICATIONS
FOR INCLUSION IN THE LONGSHORE WORKERS' REGISTER, AND SHALL NOTIFY THE
GOVERNOR AND THE LEGISLATURE OF SUCH SUSPENSION, WITHIN TEN DAYS OF SUCH
ACTION.
(B) ANY RECOMMENDATION OR PETITION GRANTED HEREUNDER SHALL BE SUBJECT
TO SUCH TERMS AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE CONSISTENT
WITH THE PROVISIONS OF THIS ACT OR ANY REGULATIONS PROMULGATED THEREOF.
4. ANY DETERMINATION BY THE COMMISSION PURSUANT TO THIS SECTION TO
SUSPEND OR ACCEPT APPLICATIONS FOR INCLUSION IN THE LONGSHORE WORKERS'
REGISTER SHALL BE MADE UPON A RECORD, SHALL NOT BECOME EFFECTIVE UNTIL
FIVE DAYS AFTER NOTICE THEREOF TO THE COLLECTIVE BARGAINING REPRESEN-
TATIVE OF STEVEDORES AND OTHER EMPLOYERS OF LONGSHORE WORKERS IN THE
PORT OF NEW YORK DISTRICT IN THIS STATE AND TO THE LABOR ORGANIZATION
REPRESENTING SUCH LONGSHORE WORKERS AND/OR THE PETITIONING STEVEDORE OR
OTHER EMPLOYER OF LONGSHORE WORKERS IN THE PORT OF NEW YORK DISTRICT IN
THIS STATE AND SHALL BE SUBJECT TO JUDICIAL REVIEW FOR BEING ARBITRARY,
CAPRICIOUS, AND AN ABUSE OF DISCRETION IN A PROCEEDING JOINTLY INSTI-
TUTED BY SUCH REPRESENTATIVE AND SUCH LABOR ORGANIZATION AND/OR BY THE
PETITIONING STEVEDORE OR OTHER EMPLOYER OF LONGSHORE WORKERS IN THE PORT
S. 8308--C 32 A. 8808--C
OF NEW YORK DISTRICT IN THIS STATE. SUCH JUDICIAL REVIEW PROCEEDING MAY
BE INSTITUTED IN THE MANNER PROVIDED BY THE LAW OF THIS STATE FOR REVIEW
OF THE FINAL DECISION OR ACTION OF ADMINISTRATIVE AGENCIES OF THIS
STATE, PROVIDED, HOWEVER, THAT SUCH PROCEEDING SHALL BE DECIDED DIRECTLY
BY THE APPELLATE DIVISION AS THE COURT OF FIRST INSTANCE (TO WHICH THE
PROCEEDING SHALL BE TRANSFERRED BY ORDER OF TRANSFER BY THE SUPREME
COURT IN THE STATE OF NEW YORK BY NOTICE OF APPEAL FROM THE COMMISSION'S
DETERMINATION) AND PROVIDED FURTHER THAT NOTWITHSTANDING ANY OTHER
PROVISION OF LAW IN THIS STATE NO COURT SHALL HAVE POWER TO STAY THE
COMMISSION'S DETERMINATION PRIOR TO FINAL JUDICIAL DECISION FOR MORE
THAN FIFTEEN DAYS. IN THE EVENT THAT THE COURT ENTERS A FINAL ORDER
SETTING ASIDE THE DETERMINATION BY THE COMMISSION TO ACCEPT APPLICATIONS
FOR INCLUSION IN THE LONGSHORE WORKERS' REGISTER, THE REGISTRATION OF
ANY LONGSHORE WORKERS INCLUDED IN THE LONGSHORE WORKERS' REGISTER AS A
RESULT OF SUCH DETERMINATION BY THE COMMISSION SHALL BE CANCELLED.
5. THIS SECTION SHALL APPLY, NOTWITHSTANDING ANY OTHER PROVISION OF
THIS ACT, PROVIDED HOWEVER, SUCH SECTION SHALL NOT IN ANY WAY LIMIT OR
RESTRICT THE PROVISIONS OF THIS SUBDIVISION EMPOWERING THE COMMISSION TO
REGISTER LONGSHORE WORKERS ON A TEMPORARY BASIS TO MEET SPECIAL OR EMER-
GENCY NEEDS OR THE PROVISIONS OF SUBDIVISION FOUR OF SECTION FIVE
HUNDRED THIRTY-FOUR-K OF THIS ARTICLE RELATING TO THE IMMEDIATE REIN-
STATEMENT OF PERSONS REMOVED FROM THE LONGSHORE WORKERS' REGISTER PURSU-
ANT TO THIS SECTION.
6. UPON THE GRANTING OF ANY JOINT RECOMMENDATION OR PETITION UNDER
THIS SECTION FOR THE ACCEPTANCE OF APPLICATIONS FOR INCLUSION IN THE
LONGSHORE WORKERS' REGISTER, THE COMMISSION SHALL ACCEPT APPLICATIONS
UPON WRITTEN SPONSORSHIP FROM THE PROSPECTIVE EMPLOYER OF LONGSHORE
WORKERS. THE SPONSORING EMPLOYER SHALL FURNISH THE COMMISSION WITH THE
NAME, ADDRESS AND SUCH OTHER IDENTIFYING OR CATEGORY INFORMATION AS THE
COMMISSION MAY PRESCRIBE FOR ANY PERSON SO SPONSORED. THE SPONSORING
EMPLOYER SHALL CERTIFY THAT THE SELECTION OF THE PERSONS SO SPONSORED
WAS MADE IN A FAIR AND NON-DISCRIMINATORY BASIS IN ACCORDANCE WITH THE
REQUIREMENTS OF THE LAWS OF THE UNITED STATES AND THE STATE OF NEW YORK
DEALING WITH EQUAL EMPLOYMENT OPPORTUNITIES. NOTWITHSTANDING ANY OF THE
FOREGOING, WHERE THE COMMISSION DETERMINES TO ACCEPT APPLICATIONS FOR
INCLUSION IN THE LONGSHORE WORKERS' REGISTER ON ITS OWN INITIATIVE, SUCH
ACCEPTANCE SHALL BE ACCOMPLISHED IN SUCH MANNER DEEMED APPROPRIATE BY
THE COMMISSION.
7. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE COMMISSION
MAY INCLUDE IN THE LONGSHORE WORKERS' REGISTER UNDER SUCH TERMS AND
CONDITIONS AS THE COMMISSION MAY PRESCRIBE:
(A) A PERSON ISSUED REGISTRATION ON A TEMPORARY BASIS TO MEET SPECIAL
OR EMERGENCY NEEDS WHO IS STILL SO REGISTERED BY THE COMMISSION; AND
(B) A PERSON DEFINED AS A LONGSHORE WORKER IN SUBPARAGRAPH FOUR OF
PARAGRAPH (A), OR PARAGRAPH (B) OF SUBDIVISION TWELVE OF SECTION FIVE
HUNDRED THIRTY-FOUR-B OF THIS ARTICLE WHO IS EMPLOYED BY A STEVEDORE
DEFINED IN PARAGRAPH (C) OR (D) OF SUBDIVISION TWENTY-TWO OF SECTION
FIVE HUNDRED THIRTY-FOUR-B OF THIS ARTICLE AND WHOSE EMPLOYMENT IS NOT
SUBJECT TO THE GUARANTEED ANNUAL INCOME PROVISIONS OF ANY COLLECTIVE
BARGAINING AGREEMENT RELATING TO LONGSHORE WORKERS.
8. THE COMMISSION MAY INCLUDE IN THE LONGSHORE WORKERS' REGISTER,
UNDER SUCH TERMS AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE, PERSONS
ISSUED REGISTRATION ON A TEMPORARY BASIS AS A LONGSHORE WORKER OR A
CHECKER TO MEET SPECIAL OR EMERGENCY NEEDS AND WHO ARE STILL SO REGIS-
TERED BY THE COMMISSION UPON THE ENACTMENT OF THIS ACT.
S. 8308--C 33 A. 8808--C
9. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO MODIFY, LIMIT OR
RESTRICT IN ANY WAY ANY OF THE RIGHTS PROTECTED BY SECTION FIVE HUNDRED
THIRTY-FOUR-Q OF THIS ARTICLE.
§ 534-M. SECURITY OFFICER. 1. NO PERSON SHALL ACT AS A SECURITY OFFI-
CER WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE WITHOUT FIRST
HAVING OBTAINED A LICENSE FROM THE COMMISSION OR PREVIOUSLY, FROM THE
BI-STATE COMMISSION, AND NO PERSON SHALL EMPLOY A SECURITY OFFICER WHO
IS NOT SO LICENSED.
2. A LICENSE TO ACT AS A SECURITY OFFICER SHALL BE ISSUED ONLY UPON
WRITTEN APPLICATION, DULY VERIFIED, WHICH SHALL STATE THE FOLLOWING:
(A) THE FULL NAME, RESIDENCE, BUSINESS ADDRESS (IF ANY), PLACE AND
DATE OF BIRTH AND SOCIAL SECURITY NUMBER OF THE APPLICANT;
(B) THE PRESENT AND PREVIOUS OCCUPATIONS OF THE APPLICANT, INCLUDING
THE PLACES WHERE THE PERSON WAS EMPLOYED AND THE NAMES OF THE PERSON'S
EMPLOYERS;
(C) THE CITIZENSHIP OF THE APPLICANT AND, IF THE PERSON IS A NATURAL-
IZED CITIZEN OF THE UNITED STATES, THE COURT AND DATE OF NATURALIZATION;
AND
(D) SUCH FURTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE COMMIS-
SION TO ASCERTAIN THE CHARACTER, INTEGRITY AND IDENTITY OF THE APPLI-
CANT.
3. NO SUCH LICENSE SHALL BE GRANTED:
(A) UNLESS THE COMMISSION SHALL BE SATISFIED THAT THE APPLICANT
POSSESSES GOOD CHARACTER AND INTEGRITY;
(B) IF THE APPLICANT HAS, WITHOUT SUBSEQUENT PARDON, BEEN CONVICTED BY
A COURT OF THE UNITED STATES OR OF ANY STATE OR TERRITORY THEREOF OF THE
COMMISSION OF, OR THE ATTEMPT OR CONSPIRACY TO COMMIT, TREASON, MURDER,
MANSLAUGHTER OR ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT FOR A TERM
EXCEEDING ONE YEAR OR ANY OF THE MISDEMEANORS OR OFFENSES DESCRIBED IN
PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-FOUR-F
OF THIS ARTICLE;
(C) UNLESS THE APPLICANT SHALL MEET SUCH REASONABLE STANDARDS OF PHYS-
ICAL AND MENTAL FITNESS FOR THE DISCHARGE OF A SECURITY OFFICER'S DUTIES
AS MAY FROM TIME TO TIME BE ESTABLISHED BY THE COMMISSION;
(D) IF THE APPLICANT SHALL BE A MEMBER OF ANY LABOR ORGANIZATION WHICH
REPRESENTS LONGSHORE WORKERS OR PIER SUPERINTENDENTS OR HIRING AGENTS;
BUT NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIBIT SECURITY OFFI-
CERS FROM BEING REPRESENTED BY A LABOR ORGANIZATION OR ORGANIZATIONS
WHICH DO NOT ALSO REPRESENT LONGSHORE WORKERS OR PIER SUPERINTENDENTS OR
HIRING AGENTS. THE AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUS-
TRIAL ORGANIZATIONS AND ANY OTHER SIMILAR FEDERATION, CONGRESS OR OTHER
ORGANIZATION OF NATIONAL OR INTERNATIONAL OCCUPATIONAL OR INDUSTRIAL
LABOR ORGANIZATIONS SHALL NOT BE CONSIDERED AN ORGANIZATION WHICH
REPRESENTS LONGSHORE WORKERS OR PIER SUPERINTENDENTS OR HIRING AGENTS
WITHIN THE MEANING OF THIS SECTION ALTHOUGH ONE OF THE FEDERATED OR
CONSTITUENT LABOR ORGANIZATIONS THEREOF MAY REPRESENT LONGSHORE WORKERS
OR PIER SUPERINTENDENTS OR HIRING AGENTS;
(E) IF THE APPLICANT KNOWINGLY OR WILLFULLY ADVOCATES THE DESIRABILITY
OF OVERTHROWING OR DESTROYING THE GOVERNMENT OF THE UNITED STATES BY
FORCE OR VIOLENCE OR SHALL BE A MEMBER OF A GROUP WHICH ADVOCATES SUCH
DESIRABILITY, KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH ADVOCACY.
4. WHEN THE APPLICATION SHALL HAVE BEEN EXAMINED AND SUCH FURTHER
INQUIRY AND INVESTIGATION MADE AS THE COMMISSION SHALL DEEM PROPER AND
WHEN THE COMMISSION SHALL BE SATISFIED THEREFROM THAT THE APPLICANT
POSSESSES THE QUALIFICATIONS AND REQUIREMENTS PRESCRIBED BY THIS SECTION
AND REGULATIONS ISSUED PURSUANT THERETO, THE COMMISSION SHALL ISSUE AND
S. 8308--C 34 A. 8808--C
DELIVER A LICENSE TO THE APPLICANT. THE COMMISSION MAY ISSUE A TEMPORARY
PERMIT TO ANY APPLICANT FOR A LICENSE UNDER THE PROVISIONS OF THIS
SECTION PENDING FINAL ACTION ON AN APPLICATION MADE FOR SUCH A LICENSE.
ANY SUCH PERMIT SHALL BE VALID FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
5. A LICENSE GRANTED PURSUANT TO THIS SECTION SHALL CONTINUE FOR A
TERM OF THREE YEARS. A LICENSE MAY BE RENEWED BY THE COMMISSION FOR
SUCCESSIVE THREE-YEAR PERIODS UPON FULFILLING THE SAME REQUIREMENTS AS
SET FORTH IN THIS SECTION FOR AN ORIGINAL APPLICATION.
6. NOTWITHSTANDING ANY PROVISION SET FORTH IN THIS SECTION, A LICENSE
TO ACT AS A SECURITY OFFICER SHALL CONTINUE AND NEED NOT BE RENEWED,
PROVIDED THE LICENSEE SHALL, AS REQUIRED BY THE COMMISSION:
(A) SUBMIT TO A MEDICAL EXAMINATION AND MEET THE PHYSICAL AND MENTAL
FITNESS STANDARDS ESTABLISHED BY THE COMMISSION PURSUANT TO PARAGRAPH
(C) OF SUBDIVISION THREE OF THIS SECTION;
(B) COMPLETE A REFRESHER COURSE OF TRAINING; AND
(C) SUBMIT SUPPLEMENTARY PERSONAL HISTORY INFORMATION.
7. ANY LICENSE ISSUED PURSUANT TO THIS SECTION MAY BE REVOKED OR
SUSPENDED FOR SUCH PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST
OR THE LICENSEE THEREUNDER MAY BE REPRIMANDED FOR ANY OF THE FOLLOWING
OFFENSES:
(A) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT OR REQUIRE
THE PERSON'S DISQUALIFICATION FROM RECEIVING A LICENSE UPON ORIGINAL
APPLICATION;
(B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING THE LICENSE; AND
(C) ANY OTHER OFFENSE DESCRIBED IN PARAGRAPHS (C), (D), (E), (F), (G),
(H), AND (I) OF SUBDIVISION SEVEN OF SECTION FIVE HUNDRED THIRTY-FOUR-F
OF THIS ARTICLE.
8. THE COMMISSION SHALL, AT REGULAR INTERVALS, CANCEL THE LICENSE OR
TEMPORARY PERMIT OF A SECURITY OFFICER WHO SHALL HAVE FAILED DURING THE
PRECEDING TWELVE MONTHS TO HAVE WORKED AS A SECURITY OFFICER IN THE PORT
OF NEW YORK DISTRICT A MINIMUM NUMBER OF HOURS AS SHALL HAVE BEEN ESTAB-
LISHED BY THE COMMISSION, EXCEPT THAT IMMEDIATE RESTORATION OF SUCH
LICENSE OR TEMPORARY PERMIT SHALL BE MADE UPON PROPER SHOWING THAT THE
FAILURE TO SO WORK WAS CAUSED BY THE FACT THAT THE LICENSEE OR PERMITTEE
WAS ENGAGED IN THE MILITARY SERVICE OF THE UNITED STATES OR WAS INCAPAC-
ITATED BY ILL HEALTH, PHYSICAL INJURY OR OTHER GOOD CAUSE.
9. ANY APPLICANT FOR SECURITY OFFICER INELIGIBLE FOR A LICENSE BY
REASON OF THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS
SECTION MAY PETITION FOR AND THE COMMISSION MAY ISSUE AN ORDER REMOVING
THE INELIGIBILITY. A PETITION FOR AN ORDER TO REMOVE INELIGIBILITY MAY
BE MADE TO THE COMMISSION BEFORE OR AFTER THE HEARING REQUIRED BY
SECTION FIVE HUNDRED THIRTY-FOUR-N OF THIS ARTICLE.
§ 534-N. HEARINGS, DETERMINATIONS AND REVIEW. 1. THE COMMISSION SHALL
NOT DENY ANY APPLICATION FOR A LICENSE OR REGISTRATION WITHOUT GIVING
THE APPLICANT OR PROSPECTIVE LICENSEE REASONABLE PRIOR NOTICE AND AN
OPPORTUNITY TO BE HEARD BY THE COMMISSION.
2. ANY APPLICATION FOR A LICENSE OR FOR INCLUSION IN THE LONGSHORE
WORKERS' REGISTER, AND ANY LICENSE ISSUED OR REGISTRATION MADE, MAY BE
DENIED, REVOKED, OR SUSPENDED ONLY IN THE MANNER PRESCRIBED IN THIS
SECTION.
3. THE COMMISSION MAY ON ITS OWN INITIATIVE OR ON COMPLAINT OF ANY
PERSON, INCLUDING ANY PUBLIC OFFICIAL OR AGENCY, INSTITUTE PROCEEDINGS
TO REVOKE OR SUSPEND ANY LICENSE OR REGISTRATION AFTER A HEARING AT
WHICH THE LICENSEE OR REGISTRANT AND ANY PERSON MAKING SUCH COMPLAINT
SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD, PROVIDED THAT ANY ORDER OF
THE COMMISSION REVOKING OR SUSPENDING ANY LICENSE OR REGISTRATION SHALL
S. 8308--C 35 A. 8808--C
NOT BECOME EFFECTIVE UNTIL FIFTEEN DAYS SUBSEQUENT TO THE SERVING OF
NOTICE THEREOF UPON THE LICENSEE OR REGISTRANT UNLESS IN THE OPINION OF
THE COMMISSION THE CONTINUANCE OF THE LICENSE OR REGISTRATION FOR SUCH
PERIOD WOULD BE INIMICAL TO THE PUBLIC PEACE OR SAFETY. SUCH HEARINGS
SHALL BE HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY BE PRESCRIBED
BY THE RULES OF THE COMMISSION, BUT SUCH NOTICE SHALL BE OF NOT LESS
THAN TEN DAYS AND SHALL STATE THE NATURE OF THE COMPLAINT.
4. PENDING THE DETERMINATION OF SUCH HEARING PURSUANT TO SUBDIVISION
THREE OF THIS SECTION, THE COMMISSION MAY TEMPORARILY SUSPEND A PERMIT,
LICENSE OR REGISTRATION UNTIL FURTHER ORDER OF THE COMMISSION IF IN THE
OPINION OF THE COMMISSION THE CONTINUANCE OF THE PERMIT, LICENSE OR
REGISTRATION FOR SUCH PERIOD IS INIMICAL TO THE PUBLIC PEACE OR SAFETY.
(A) THE COMMISSION MAY TEMPORARILY SUSPEND A PERMIT, LICENSE OR REGIS-
TRATION PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION UNTIL FURTHER
ORDER OF THE COMMISSION OR FINAL DISPOSITION OF THE UNDERLYING CASE,
ONLY WHERE THE PERMITTEE, LICENSEE OR REGISTRANT HAS BEEN INDICTED FOR,
OR OTHERWISE CHARGED WITH, A CRIME WHICH IS EQUIVALENT TO A FELONY IN
THE STATE OF NEW YORK OR ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT
FOR A TERM EXCEEDING THREE HUNDRED SIXTY-FOUR DAYS OR ONLY WHERE THE
PERMITTEE OR LICENSEE IS A SECURITY OFFICER WHO IS CHARGED BY THE
COMMISSION PURSUANT TO THIS SECTION WITH MISAPPROPRIATING ANY OTHER
PERSON'S PROPERTY AT OR ON A PIER OR OTHER WATERFRONT TERMINAL.
(B) IN THE CASE OF A PERMITTEE, LICENSEE OR REGISTRANT WHO HAS BEEN
INDICTED FOR, OR OTHERWISE CHARGED WITH, A CRIME, THE TEMPORARY SUSPEN-
SION SHALL TERMINATE IMMEDIATELY UPON ACQUITTAL OR UPON DISMISSAL OF THE
CRIMINAL CHARGE, UNLESS IN THE OPINION OF THE COMMISSION THE CONTINUANCE
OF ANY SUCH PERMIT, LICENSE OR REGISTRATION IS INIMICAL TO THE PUBLIC
PEACE OR SAFETY.
(C) A PERSON WHOSE PERMIT, LICENSE OR REGISTRATION HAS BEEN TEMPORAR-
ILY SUSPENDED MAY, AT ANY TIME, DEMAND THAT THE COMMISSION CONDUCT A
HEARING AS PROVIDED FOR IN THIS SECTION. WITHIN SIXTY DAYS OF SUCH
DEMAND, THE COMMISSION SHALL COMMENCE THE HEARING AND, WITHIN THIRTY
DAYS OF RECEIPT OF THE ADMINISTRATIVE JUDGE'S REPORT AND RECOMMENDATION,
THE COMMISSION SHALL RENDER A FINAL DETERMINATION THEREON; PROVIDED,
HOWEVER, THAT THESE TIME REQUIREMENTS, SHALL NOT APPLY FOR ANY PERIOD OF
DELAY CAUSED OR REQUESTED BY THE PERMITTEE, LICENSEE OR REGISTRANT. UPON
FAILURE OF THE COMMISSION TO COMMENCE A HEARING OR RENDER A DETERMI-
NATION WITHIN THE TIME LIMITS PRESCRIBED HEREIN, THE TEMPORARY SUSPEN-
SION OF THE LICENSEE OR REGISTRANT SHALL IMMEDIATELY TERMINATE. NOTWITH-
STANDING ANY OTHER PROVISION OF THIS SUBDIVISION, IF A FEDERAL, STATE,
OR LOCAL LAW ENFORCEMENT AGENCY OR PROSECUTOR'S OFFICE SHALL REQUEST THE
SUSPENSION OR DEFERMENT OF ANY HEARING ON THE GROUND THAT SUCH A HEARING
WOULD OBSTRUCT OR PREJUDICE AN INVESTIGATION OR PROSECUTION, THE COMMIS-
SION MAY IN ITS DISCRETION, POSTPONE OR DEFER SUCH HEARING FOR A TIME
CERTAIN OR INDEFINITELY. ANY ACTION BY THE COMMISSION TO POSTPONE A
HEARING SHALL BE SUBJECT TO IMMEDIATE JUDICIAL REVIEW AS PROVIDED IN
SUBDIVISION SEVEN OF THIS SECTION.
(D) THE COMMISSION MAY IN ADDITION, WITHIN ITS DISCRETION, BAR ANY
PERMITTEE, LICENSEE OR REGISTRANT WHOSE LICENSE OR REGISTRATION HAS BEEN
SUSPENDED PURSUANT TO THIS SECTION, FROM ANY EMPLOYMENT BY A LICENSED
STEVEDORE OR A CARRIER OF FREIGHT BY WATER DURING THE PERIOD OF SUCH
SUSPENSION, IF THE ALLEGED CRIME THAT FORMS THE BASIS OF SUCH SUSPENSION
INVOLVES THE POSSESSION WITH INTENT TO DISTRIBUTE, SALE, OR DISTRIBUTION
OF A CONTROLLED DANGEROUS SUBSTANCE (CONTROLLED SUBSTANCE), OR
CONTROLLED DANGEROUS SUBSTANCE ANALOG (CONTROLLED SUBSTANCE ANALOG),
RACKETEERING OR THEFT FROM A PIER OR WATERFRONT TERMINAL.
S. 8308--C 36 A. 8808--C
5. THE COMMISSION, OR SUCH OFFICER, EMPLOYEE OR AGENT OF THE COMMIS-
SION AS MAY BE DESIGNATED BY THE COMMISSION FOR SUCH PURPOSE, SHALL HAVE
THE POWER TO ISSUE SUBPOENAS TO COMPEL THE ATTENDANCE OF WITNESSES AND
THE GIVING OF TESTIMONY OR PRODUCTION OF OTHER EVIDENCE AND TO ADMINIS-
TER OATHS IN CONNECTION WITH ANY SUCH HEARING. IT SHALL BE THE DUTY OF
THE COMMISSION OR OF ANY OFFICER, EMPLOYEE OR AGENT OF THE COMMISSION
DESIGNATED BY THE COMMISSION FOR SUCH PURPOSE TO ISSUE SUBPOENAS AT THE
REQUEST OF AND UPON BEHALF OF THE LICENSEE, REGISTRANT OR APPLICANT.
THE COMMISSION OR SUCH PERSON CONDUCTING THE HEARING SHALL NOT BE BOUND
BY COMMON LAW OR STATUTORY RULES OF EVIDENCE OR BY TECHNICAL OR FORMAL
RULES OF PROCEDURE IN THE CONDUCT OF SUCH HEARING.
6. UPON THE CONCLUSION OF THE HEARING, THE COMMISSION SHALL TAKE SUCH
ACTION UPON SUCH FINDINGS AND DETERMINATION AS IT DEEMS PROPER AND SHALL
EXECUTE AN ORDER CARRYING SUCH FINDINGS INTO EFFECT. THE ACTION IN THE
CASE OF AN APPLICATION FOR A LICENSE OR REGISTRATION SHALL BE THE GRANT-
ING OR DENIAL THEREOF. THE ACTION IN THE CASE OF A LICENSEE SHALL BE
REVOCATION OF THE LICENSE OR SUSPENSION THEREOF FOR A FIXED PERIOD OR
REPRIMAND OR A DISMISSAL OF THE CHARGES. THE ACTION IN THE CASE OF A
REGISTERED LONGSHORE WORKER SHALL BE DISMISSAL OF THE CHARGES, REPRIMAND
OR REMOVAL FROM THE LONGSHORE WORKERS' REGISTER FOR A FIXED PERIOD OR
PERMANENTLY.
7. THE ACTION OF THE COMMISSION IN DENYING ANY APPLICATION FOR A
LICENSE OR IN REFUSING TO INCLUDE ANY PERSON IN THE LONGSHORE WORKERS'
REGISTER UNDER THIS ACT OR IN SUSPENDING OR REVOKING SUCH LICENSE OR
REMOVING ANY PERSON FROM THE LONGSHORE WORKERS' REGISTER OR IN REPRI-
MANDING A LICENSEE OR REGISTRANT SHALL BE SUBJECT TO JUDICIAL REVIEW BY
A PROCEEDING INSTITUTED IN THIS STATE AT THE INSTANCE OF THE APPLICANT,
LICENSEE OR REGISTRANT IN THE MANNER PROVIDED BY STATE LAW FOR REVIEW OF
THE FINAL DECISION OR ACTION OF AN AGENCY OF THIS STATE PROVIDED, HOWEV-
ER, THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW THE COURT SHALL HAVE
POWER TO STAY FOR NOT MORE THAN THIRTY DAYS AN ORDER OF THE COMMISSION
SUSPENDING OR REVOKING A LICENSE OR REMOVING A LONGSHORE WORKER FROM THE
LONGSHORE WORKERS' REGISTER.
8. AT HEARINGS CONDUCTED BY THE COMMISSION PURSUANT TO THIS SECTION,
APPLICANTS, PROSPECTIVE LICENSEES, LICENSEES AND REGISTRANTS SHALL HAVE
THE RIGHT TO BE ACCOMPANIED AND REPRESENTED BY COUNSEL.
9. AFTER THE CONCLUSION OF A HEARING BUT PRIOR TO THE MAKING OF AN
ORDER BY THE COMMISSION, A HEARING MAY, UPON PETITION AND IN THE
DISCRETION OF THE HEARING OFFICER, BE REOPENED FOR THE PRESENTATION OF
ADDITIONAL EVIDENCE. SUCH PETITION TO REOPEN THE HEARING SHALL STATE IN
DETAIL THE NATURE OF THE ADDITIONAL EVIDENCE, TOGETHER WITH THE REASONS
FOR THE FAILURE TO SUBMIT SUCH EVIDENCE PRIOR TO THE CONCLUSION OF THE
HEARING. THE COMMISSION MAY UPON ITS OWN MOTION AND UPON REASONABLE
NOTICE REOPEN A HEARING FOR THE PRESENTATION OF ADDITIONAL EVIDENCE.
UPON PETITION, AFTER THE MAKING OF AN ORDER OF THE COMMISSION, REHEARING
MAY BE GRANTED IN THE DISCRETION OF THE COMMISSION. SUCH A PETITION FOR
REHEARING SHALL STATE IN DETAIL THE GROUNDS UPON WHICH THE PETITION IS
BASED AND SHALL SEPARATELY SET FORTH EACH ERROR OF LAW AND FACT ALLEGED
TO HAVE BEEN MADE BY THE COMMISSION IN ITS DETERMINATION, TOGETHER WITH
THE FACTS AND ARGUMENTS IN SUPPORT THEREOF. SUCH PETITION SHALL BE FILED
WITH THE COMMISSION NOT LATER THAN THIRTY DAYS AFTER SERVICE OF SUCH
ORDER, UNLESS THE COMMISSION FOR GOOD CAUSE SHOWN SHALL OTHERWISE
DIRECT. THE COMMISSION MAY UPON ITS OWN MOTION GRANT A REHEARING AFTER
THE MAKING OF AN ORDER.
§ 534-O. EMPLOYMENT INFORMATION CENTERS. 1. THE COMMISSION SHALL
ESTABLISH AND MAINTAIN ONE OR MORE EMPLOYMENT INFORMATION CENTERS WITHIN
S. 8308--C 37 A. 8808--C
THE PORT OF NEW YORK DISTRICT IN THIS STATE AT SUCH LOCATIONS AS IT MAY
DETERMINE. NO PERSON SHALL, DIRECTLY OR INDIRECTLY, HIRE ANY PERSON FOR
WORK AS A LONGSHORE WORKER OR SECURITY OFFICER WITHIN THE PORT OF NEW
YORK DISTRICT IN THIS STATE, EXCEPT THROUGH SUCH PARTICULAR EMPLOYMENT
INFORMATION CENTER OR CENTERS AS MAY BE PRESCRIBED BY THE COMMISSION.
NO PERSON SHALL ACCEPT ANY EMPLOYMENT AS A LONGSHORE WORKER OR SECURITY
OFFICER WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE, EXCEPT
THROUGH SUCH AN EMPLOYMENT INFORMATION CENTER. AT EACH SUCH EMPLOYMENT
INFORMATION CENTER THE COMMISSION SHALL KEEP AND EXHIBIT THE LONGSHORE
WORKERS' REGISTER AND ANY OTHER RECORDS IT SHALL DETERMINE TO THE END
THAT LONGSHORE WORKERS AND SECURITY OFFICERS SHALL HAVE THE MAXIMUM
INFORMATION AS TO AVAILABLE EMPLOYMENT AS SUCH AT ANY TIME WITHIN THE
PORT OF NEW YORK DISTRICT IN THIS STATE AND TO THE END THAT EMPLOYERS
SHALL HAVE AN ADEQUATE OPPORTUNITY TO FILL THEIR REQUIREMENTS OF REGIS-
TERED LONGSHORE WORKERS AND SECURITY OFFICERS AT ALL TIMES.
2. EVERY EMPLOYER OF LONGSHORE WORKERS OR SECURITY OFFICERS WITHIN THE
PORT OF NEW YORK DISTRICT IN THIS STATE SHALL FURNISH SUCH INFORMATION
AS MAY BE REQUIRED BY THE RULES AND REGULATIONS PRESCRIBED BY THE
COMMISSION WITH REGARD TO THE NAME OF EACH PERSON HIRED AS A LONGSHORE
WORKER OR SECURITY OFFICER, THE TIME AND PLACE OF HIRING, THE TIME,
PLACE AND HOURS OF WORK, AND THE COMPENSATION THEREFOR.
§ 534-P. IMPLEMENTATION OF TELECOMMUNICATIONS HIRING SYSTEM FOR LONG-
SHORE WORKERS AND CHECKERS; REGISTRATION OF TELECOMMUNICATIONS SYSTEM
CONTROLLER. 1. THE COMMISSION MAY DESIGNATE ONE OF THE EMPLOYMENT INFOR-
MATION CENTERS IT IS AUTHORIZED TO ESTABLISH AND MAINTAIN UNDER SECTION
FIVE HUNDRED THIRTY-FOUR-O OF THIS ARTICLE FOR THE IMPLEMENTATION OF A
TELECOMMUNICATIONS HIRING SYSTEM THROUGH WHICH LONGSHORE WORKERS AND
CHECKERS MAY BE HIRED AND ACCEPT EMPLOYMENT WITHOUT ANY PERSONAL APPEAR-
ANCE AT SAID CENTER. ANY SUCH TELECOMMUNICATIONS HIRING SYSTEM SHALL
INCORPORATE HIRING AND SENIORITY AGREEMENTS BETWEEN THE EMPLOYERS OF
LONGSHORE WORKERS AND CHECKERS AND THE LABOR ORGANIZATION REPRESENTING
LONGSHORE WORKERS AND CHECKERS IN THE PORT OF NEW YORK DISTRICT IN THIS
STATE, PROVIDED SAID AGREEMENTS ARE NOT IN CONFLICT WITH THE PROVISIONS
OF THE ARTICLE.
2. THE COMMISSION SHALL PERMIT EMPLOYEES OF THE ASSOCIATION REPRESENT-
ING EMPLOYERS OF LONGSHORE WORKERS AND CHECKERS AND OF THE LABOR ORGAN-
IZATION REPRESENTING LONGSHORE WORKERS AND CHECKERS IN THE PORT OF NEW
YORK DISTRICT IN THIS STATE, OR OF A JOINT BOARD OF SUCH ASSOCIATION AND
LABOR ORGANIZATION, TO PARTICIPATE IN THE OPERATION OF SAID TELECOMMUNI-
CATIONS HIRING SYSTEM, PROVIDED THAT ANY SUCH EMPLOYEE IS REGISTERED BY
THE COMMISSION AS A "TELECOMMUNICATIONS SYSTEM CONTROLLER" IN ACCORD-
ANCE WITH THE PROVISIONS, STANDARDS AND GROUNDS SET FORTH IN THE ACT
WITH RESPECT TO THE REGISTRATION OF CHECKERS. NO PERSON SHALL ACT AS A
"TELECOMMUNICATIONS SYSTEM CONTROLLER" UNLESS THAT PERSON IS SO REGIS-
TERED. ANY APPLICATION FOR SUCH REGISTRATION AND ANY REGISTRATION MADE
OR ISSUED MAY BE DENIED, REVOKED, OR SUSPENDED, AS THE CASE MAY BE, ONLY
IN THE MANNER PRESCRIBED IN SECTION FIVE HUNDRED THIRTY-FOUR-N OF THIS
ARTICLE. ANY AND ALL SUCH PARTICIPATION IN THE OPERATION OF SAID TELE-
COMMUNICATIONS HIRING SYSTEM SHALL BE MONITORED BY THE COMMISSION.
3. ANY AND ALL RECORDS, DOCUMENTS, TAPES, DISCS AND OTHER DATA
COMPILED, COLLECTED OR MAINTAINED BY SAID ASSOCIATION OF EMPLOYERS,
LABOR ORGANIZATION AND JOINT BOARD OF SUCH ASSOCIATION AND LABOR ORGAN-
IZATION PERTAINING TO THE TELECOMMUNICATIONS HIRING SYSTEM SHALL BE
AVAILABLE FOR INSPECTION, INVESTIGATION AND DUPLICATION BY THE COMMIS-
SION.
S. 8308--C 38 A. 8808--C
§ 534-Q. CONSTRUCTION OF ACT. 1. THIS ACT IS NOT DESIGNED AND SHALL
NOT BE CONSTRUED TO LIMIT IN ANY WAY ANY RIGHTS GRANTED OR DERIVED FROM
ANY OTHER STATUTE OR ANY RULE OF LAW FOR EMPLOYEES TO ORGANIZE IN LABOR
ORGANIZATIONS, TO BARGAIN COLLECTIVELY AND TO ACT IN ANY OTHER WAY INDI-
VIDUALLY, COLLECTIVELY, AND THROUGH LABOR ORGANIZATIONS OR OTHER REPRE-
SENTATIVES OF THEIR OWN CHOOSING. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, NOTHING CONTAINED IN THIS ACT SHALL BE CONSTRUED TO LIMIT
IN ANY WAY THE RIGHT OF EMPLOYEES TO STRIKE.
2. THIS ACT IS NOT DESIGNED AND SHALL NOT BE CONSTRUED TO LIMIT IN ANY
WAY ANY RIGHTS OF LONGSHORE WORKERS, HIRING AGENTS, PIER SUPERINTENDENTS
OR SECURITY OFFICERS OR THEIR EMPLOYERS TO BARGAIN COLLECTIVELY AND
AGREE UPON ANY METHOD FOR THE SELECTION OF SUCH EMPLOYEES BY WAY OF
SENIORITY, EXPERIENCE, REGULAR GANGS OR OTHERWISE, PROVIDED THAT SUCH
EMPLOYEES SHALL BE LICENSED OR REGISTERED HEREUNDER AND SUCH LONGSHORE
WORKERS AND SECURITY OFFICERS SHALL BE HIRED ONLY THROUGH THE EMPLOYMENT
INFORMATION CENTERS ESTABLISHED HEREUNDER AND THAT ALL OTHER PROVISIONS
OF THIS ACT BE OBSERVED.
§ 534-R. CERTAIN SOLICITATIONS PROHIBITED; PROHIBITION AGAINST THE
HOLDING OF UNION POSITION BY OFFICERS, AGENTS OR EMPLOYEES WHO HAVE BEEN
CONVICTED OF CERTAIN CRIMES AND OFFENSES. 1. NO PERSON SHALL SOLICIT,
COLLECT OR RECEIVE ANY DUES, ASSESSMENTS, LEVIES, FINES OR CONTRIB-
UTIONS, OR OTHER CHARGES WITHIN THE STATE FOR OR ON BEHALF OF ANY LABOR
ORGANIZATION WHICH REPRESENTS EMPLOYEES REGISTERED OR LICENSED PURSUANT
TO THE PROVISIONS OF THIS ARTICLE OR WHICH DERIVES ITS CHARTER FROM A
LABOR ORGANIZATION REPRESENTING ONE HUNDRED OR MORE OF SUCH REGISTERED
OR LICENSED EMPLOYEES, IF ANY OFFICER, AGENT OR EMPLOYEE OF SUCH LABOR
ORGANIZATION, OR OF A WELFARE FUND OR TRUST ADMINISTERED PARTIALLY OR
ENTIRELY BY SUCH LABOR ORGANIZATION OR BY TRUSTEES OR OTHER PERSONS
DESIGNATED BY SUCH LABOR ORGANIZATION, HAS BEEN CONVICTED BY A COURT OF
THE UNITED STATES, OR ANY STATE OR TERRITORY THEREOF, OF A FELONY, ANY
MISDEMEANOR INVOLVING MORAL TURPITUDE OR ANY CRIME OR OFFENSE ENUMERATED
IN PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-
FOUR-J OF THIS ARTICLE, UNLESS SUCH PERSON HAS BEEN SUBSEQUENTLY
PARDONED THEREFOR BY THE GOVERNOR OR OTHER APPROPRIATE AUTHORITY OF THE
STATE OR JURISDICTION IN WHICH SUCH CONVICTION WAS HAD OR HAS RECEIVED A
CERTIFICATE OF GOOD CONDUCT FROM THE BOARD OF PAROLE PURSUANT TO THE
PROVISIONS OF THIS CHAPTER TO REMOVE THE DISABILITY. NO PERSON SO
CONVICTED SHALL SERVE AS AN OFFICER, AGENT OR EMPLOYEE OF SUCH LABOR
ORGANIZATION, WELFARE FUND OR TRUST UNLESS SUCH PERSON HAS BEEN SO
PARDONED OR HAS RECEIVED A CERTIFICATE OF GOOD CONDUCT. NO PERSON,
INCLUDING SUCH LABOR ORGANIZATION, WELFARE FUND OR TRUST, SHALL KNOWING-
LY PERMIT SUCH CONVICTED PERSON TO ASSUME OR HOLD ANY OFFICE, AGENCY, OR
EMPLOYMENT IN VIOLATION OF THIS SECTION.
2. AS USED IN THIS SECTION, THE TERM "LABOR ORGANIZATION" SHALL MEAN
AND INCLUDE ANY ORGANIZATION WHICH EXISTS AND IS CONSTITUTED FOR THE
PURPOSE IN WHOLE OR IN PART OF COLLECTIVE BARGAINING, OR OF DEALING WITH
EMPLOYERS CONCERNING GRIEVANCES, TERMS AND CONDITIONS OF EMPLOYMENT, OR
OF OTHER MUTUAL AID OR PROTECTION; BUT IT SHALL NOT INCLUDE A FEDER-
ATION OR CONGRESS OF LABOR ORGANIZATIONS ORGANIZED ON A NATIONAL OR
INTERNATIONAL BASIS EVEN THOUGH ONE OF ITS CONSTITUENT LABOR ORGANIZA-
TIONS MAY REPRESENT PERSONS SO REGISTERED OR LICENSED.
3. ANY PERSON WHO SHALL VIOLATE THIS SECTION SHALL BE GUILTY OF A
MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS
OR IMPRISONMENT FOR NOT MORE THAN THREE HUNDRED SIXTY-FOUR DAYS, OR
BOTH.
S. 8308--C 39 A. 8808--C
4. IF UPON APPLICATION TO THE COMMISSION BY AN EMPLOYEE WHO HAS BEEN
CONVICTED OF A CRIME OR OFFENSE SPECIFIED IN SUBDIVISION ONE OF THIS
SECTION THE COMMISSION, IN ITS DISCRETION, DETERMINES IN AN ORDER THAT
IT WOULD NOT BE CONTRARY TO THE PURPOSES AND OBJECTIVES OF THIS ACT FOR
SUCH EMPLOYEE TO WORK IN A PARTICULAR EMPLOYMENT FOR A LABOR ORGANIZA-
TION, WELFARE FUND OR TRUST WITHIN THE MEANING OF SUBDIVISION TWO OF
THIS SECTION, THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION SHALL
NOT APPLY TO THE PARTICULAR EMPLOYMENT OF SUCH EMPLOYEE WITH RESPECT TO
SUCH CONVICTION OR CONVICTIONS AS ARE SPECIFIED IN THE COMMISSION'S
ORDER. THIS SECTION IS APPLICABLE ONLY TO THOSE EMPLOYEES WHO FOR WAGES
OR SALARY PERFORM MANUAL, MECHANICAL, OR PHYSICAL WORK OF A ROUTINE OR
CLERICAL NATURE AT THE PREMISES OF THE LABOR ORGANIZATION, WELFARE FUND
OR TRUST BY WHICH THEY ARE EMPLOYED.
5. NO PERSON WHO HAS BEEN CONVICTED OF A CRIME OR OFFENSE SPECIFIED IN
SUBDIVISION ONE OF THIS SECTION SHALL DIRECTLY OR INDIRECTLY SERVE AS AN
OFFICER, AGENT OR EMPLOYEE OF A LABOR ORGANIZATION, WELFARE FUND OR
TRUST UNLESS SUCH PERSON HAS BEEN SUBSEQUENTLY PARDONED FOR SUCH CRIME
OR OFFENSE BY THE GOVERNOR OR OTHER APPROPRIATE AUTHORITY OF THE STATE
OR JURISDICTION IN WHICH SUCH CONVICTION WAS HAD OR HAS RECEIVED A
CERTIFICATE OF GOOD CONDUCT OR OTHER RELIEF FROM DISABILITIES ARISING
FROM THE FACT OF CONVICTION FROM A BOARD OF PAROLE OR SIMILAR AUTHORITY
OR HAS RECEIVED PURSUANT TO SUBDIVISION ONE OF THIS SECTION AN ORDER OF
EXCEPTION FROM THE COMMISSION. NO PERSON, INCLUDING A LABOR ORGANIZA-
TION, WELFARE FUND OR TRUST WITHIN THE MEANING OF SUBDIVISION ONE OF
THIS SECTION, SHALL KNOWINGLY PERMIT ANY OTHER PERSON TO ASSUME OR HOLD
ANY OFFICE, AGENCY OR EMPLOYMENT IN VIOLATION OF THIS SECTION.
6. THE COMMISSION MAY MAINTAIN A CIVIL ACTION AGAINST ANY PERSON,
LABOR ORGANIZATION, WELFARE FUND OR TRUST OR OFFICERS THEREOF TO COMPEL
COMPLIANCE WITH THIS SECTION, OR TO PREVENT ANY VIOLATIONS, THE AIDING
AND ABETTING THEREOF, OR ANY ATTEMPT OR CONSPIRACY TO VIOLATE THIS
SECTION, EITHER BY MANDAMUS, INJUNCTION OR ACTION AND UPON A PROPER
SHOWING A TEMPORARY RESTRAINING ORDER OR OTHER APPROPRIATE TEMPORARY
ORDER SHALL BE GRANTED EX PARTE AND WITHOUT BOND PENDING FINAL HEARING
AND DETERMINATION. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO MODIFY,
LIMIT OR RESTRICT IN ANY WAY THE PROVISIONS OF SUBDIVISION ONE OF THIS
SECTION.
§ 534-S. GENERAL VIOLATIONS; PROSECUTIONS; PENALTIES. 1. THE FAILURE
OF ANY WITNESS, WHEN DULY SUBPOENAED TO ATTEND, GIVE TESTIMONY OR
PRODUCE OTHER EVIDENCE, WHETHER OR NOT AT A HEARING, SHALL BE PUNISHABLE
BY THE SUPREME COURT IN NEW YORK IN THE SAME MANNER AS SAID FAILURE IS
PUNISHABLE BY SUCH COURT IN A CASE THEREIN PENDING.
2. ANY PERSON WHO, HAVING BEEN DULY SWORN OR AFFIRMED AS A WITNESS IN
ANY SUCH HEARING, SHALL WILLFULLY GIVE FALSE TESTIMONY OR WHO SHALL
WILLFULLY MAKE OR FILE ANY FALSE OR FRAUDULENT REPORT OR STATEMENT
REQUIRED BY THIS ARTICLE TO BE MADE OR FILED UNDER OATH, SHALL BE GUILTY
OF A MISDEMEANOR, PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND
DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THREE HUNDRED SIXTY-FOUR DAYS,
OR BOTH.
3. ANY PERSON WHO, HAVING BEEN DULY SWORN OR AFFIRMED AS A WITNESS IN
ANY INVESTIGATION, INTERVIEW OR OTHER PROCEEDING CONDUCTED BY THE
COMMISSION PURSUANT TO THE PROVISIONS OF THIS ARTICLE, SHALL WILLFULLY
GIVE FALSE TESTIMONY SHALL BE GUILTY OF A MISDEMEANOR, PUNISHABLE BY A
FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE
THAN THREE HUNDRED SIXTY-FOUR DAYS, OR BOTH.
4. THE COMMISSION MAY MAINTAIN A CIVIL ACTION ON BEHALF OF THE STATE
AGAINST ANY PERSON WHO VIOLATES OR ATTEMPTS OR CONSPIRES TO VIOLATE THIS
S. 8308--C 40 A. 8808--C
SECTION OR WHO FAILS, OMITS, OR NEGLECTS TO OBEY, OBSERVE, OR COMPLY
WITH ANY ORDER OR DIRECTION OF THE COMMISSION, TO RECOVER A JUDGMENT FOR
A MONEY PENALTY NOT EXCEEDING FIVE HUNDRED DOLLARS FOR EACH AND EVERY
OFFENSE. EVERY VIOLATION OF ANY SUCH PROVISION, ORDER OR DIRECTION,
SHALL BE A SEPARATE AND DISTINCT OFFENSE, AND, IN CASE OF A CONTINUING
VIOLATION, EVERY DAY'S CONTINUANCE SHALL BE AND BE DEEMED TO BE A SEPA-
RATE AND DISTINCT OFFENSE. ANY SUCH ACTION MAY BE COMPROMISED OR
DISCONTINUED ON APPLICATION OF THE COMMISSION UPON SUCH TERMS AS THE
COURT MAY APPROVE AND A JUDGMENT MAY BE RENDERED FOR AN AMOUNT LESS THAN
THE AMOUNT DEMANDED IN THE COMPLAINT AS JUSTICE MAY REQUIRE.
5. THE COMMISSION MAY MAINTAIN A CIVIL ACTION AGAINST ANY PERSON TO
COMPEL COMPLIANCE WITH ANY OF THE PROVISIONS OF THIS ACT OR TO PREVENT
VIOLATIONS, ATTEMPTS OR CONSPIRACIES TO VIOLATE ANY SUCH PROVISIONS, OR
INTERFERENCE, ATTEMPTS OR CONSPIRACIES TO INTERFERE WITH OR IMPEDE THE
ENFORCEMENT OF ANY SUCH PROVISIONS OR THE EXERCISE PERFORMANCE OF ANY
POWER OR DUTY THEREUNDER, EITHER BY MANDAMUS, INJUNCTION OR ACTION.
6. ANY PERSON WHO VIOLATES OR ATTEMPTS OR CONSPIRES TO VIOLATE ANY
OTHER PROVISION OF THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR,
PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY IMPRI-
SONMENT FOR NOT MORE THAN THREE HUNDRED SIXTY-FOUR DAYS, OR BOTH.
7. ANY PERSON WHO INTERFERES WITH OR IMPEDES THE ORDERLY REGISTRATION
OF LONGSHORE WORKERS PURSUANT TO THIS ACT OR WHO CONSPIRES TO OR
ATTEMPTS TO INTERFERE WITH OR IMPEDE SUCH REGISTRATION SHALL BE GUILTY
OF A MISDEMEANOR, PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED
DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN THREE HUNDRED SIXTY-FOUR
DAYS, OR BOTH.
8. ANY PERSON WHO DIRECTLY OR INDIRECTLY INFLICTS OR THREATENS TO
INFLICT ANY INJURY, DAMAGE, HARM OR LOSS OR IN ANY OTHER MANNER PRAC-
TICES INTIMIDATION UPON OR AGAINST ANY PERSON IN ORDER TO INDUCE OR
COMPEL SUCH PERSON OR ANY OTHER PERSON TO REFRAIN FROM REGISTERING
PURSUANT TO THIS ACT SHALL BE GUILTY OF A MISDEMEANOR, PUNISHABLE BY A
FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY IMPRISONMENT FOR NOT
MORE THAN THREE HUNDRED SIXTY-FOUR DAYS, OR BOTH.
9. ANY PERSON WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THIS ARTICLE
OR OF SECTION FIVE HUNDRED THIRTY-FOUR-X OF THIS ARTICLE FOR WHICH NO
OTHER PENALTY IS PRESCRIBED SHALL BE GUILTY OF A MISDEMEANOR, PUNISHA-
BLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY IMPRISONMENT
FOR NOT MORE THAN THREE HUNDRED SIXTY-FOUR DAYS, OR BOTH.
10. NO PERSON SHALL, WITHOUT A SATISFACTORY EXPLANATION, LOITER UPON
ANY VESSEL, DOCK, WHARF, PIER, BULKHEAD, TERMINAL, WAREHOUSE, OR OTHER
WATERFRONT FACILITY OR WITHIN FIVE HUNDRED FEET THEREOF IN THAT PORTION
OF THE PORT OF NEW YORK DISTRICT WITHIN THE STATE OF NEW YORK.
11. ANY PERSON WHO, WITHOUT JUSTIFICATION OR EXCUSE IN LAW, DIRECTLY
OR INDIRECTLY INTIMIDATES OR INFLICTS ANY INJURY, DAMAGE, HARM, LOSS OR
ECONOMIC REPRISAL UPON ANY PERSON LICENSED OR REGISTERED BY THE COMMIS-
SION, OR ANY OTHER PERSON, OR ATTEMPTS, CONSPIRES OR THREATENS SO TO
DO, IN ORDER TO INTERFERE WITH, IMPEDE OR INFLUENCE SUCH LICENSED OR
REGISTERED PERSON IN THE PERFORMANCE OR DISCHARGE OF THE PERSON'S DUTIES
OR OBLIGATIONS SHALL BE PUNISHABLE AS PROVIDED IN SUBDIVISION THREE OF
SECTION FIVE HUNDRED THIRTY-FOUR-R OF THIS ARTICLE.
12. IN ANY PROSECUTION UNDER THIS ACT, IT SHALL BE SUFFICIENT TO PROVE
ONLY A SINGLE ACT OR A SINGLE HOLDING OUT OR ATTEMPT PROHIBITED BY LAW,
WITHOUT HAVING TO PROVE A GENERAL COURSE OF CONDUCT, IN ORDER TO PROVE A
VIOLATION.
S. 8308--C 41 A. 8808--C
§ 534-T. DENIAL OF APPLICATIONS. IN ADDITION TO THE GROUNDS ELSEWHERE
SET FORTH IN THIS ARTICLE, THE COMMISSION MAY DENY AN APPLICATION FOR A
LICENSE OR REGISTRATION FOR ANY OF THE FOLLOWING:
1. CONVICTION BY A COURT OF THE UNITED STATES OR ANY STATE OR TERRITO-
RY THEREOF OF COERCION;
2. CONVICTION BY ANY SUCH COURT, AFTER HAVING BEEN PREVIOUSLY
CONVICTED BY ANY SUCH COURT OF ANY CRIME OR OF THE OFFENSES SET FORTH IN
THIS ARTICLE, OF A MISDEMEANOR OR ANY OF THE FOLLOWING OFFENSES:
ASSAULT, MALICIOUS INJURY TO PROPERTY, MALICIOUS MISCHIEF, UNLAWFUL
TAKING OF A MOTOR VEHICLE, CORRUPTION OF EMPLOYEES OR POSSESSION OF
LOTTERY OR NUMBER SLIPS;
3. FRAUD, DECEIT OR MISREPRESENTATION IN CONNECTION WITH ANY APPLICA-
TION OR PETITION SUBMITTED TO, OR ANY INTERVIEW, HEARING OR PROCEEDING
CONDUCTED BY THE COMMISSION;
4. VIOLATION OF ANY PROVISION OF THIS ACT OR COMMISSION OF ANY OFFENSE
UNDER THIS ARTICLE;
5. REFUSAL ON THE PART OF ANY APPLICANT, OR PROSPECTIVE LICENSEE, OR
OF ANY MEMBER, OFFICER OR STOCKHOLDER REQUIRED BY SUBDIVISION TWO OF
SECTION FIVE HUNDRED THIRTY-FOUR-G OF THIS ARTICLE TO SIGN OR BE IDENTI-
FIED IN AN APPLICATION FOR A STEVEDORE LICENSE, TO ANSWER ANY MATERIAL
QUESTION OR PRODUCE ANY MATERIAL EVIDENCE IN CONNECTION WITH THE
PERSON'S APPLICATION OR ANY APPLICATION MADE ON THE PERSON'S BEHALF FOR
A LICENSE OR REGISTRATION PURSUANT TO THIS ARTICLE;
6. ASSOCIATION WITH A PERSON WHO HAS BEEN IDENTIFIED BY A FEDERAL,
STATE, OR LOCAL LAW ENFORCEMENT AGENCY AS A MEMBER OR ASSOCIATE OF AN
ORGANIZED CRIME GROUP, A TERRORIST GROUP, OR A CAREER OFFENDER CARTEL,
OR WHO IS A CAREER OFFENDER, UNDER CIRCUMSTANCES WHERE SUCH ASSOCIATION
CREATES A REASONABLE BELIEF THAT THE PARTICIPATION OF THE APPLICANT IN
ANY ACTIVITY REQUIRED TO BE LICENSED UNDER THIS ARTICLE WOULD BE INIMI-
CAL TO THE POLICIES OF THIS ARTICLE, PROVIDED, HOWEVER, THAT ASSOCI-
ATION WITHOUT THE REQUISITE SHOWING OF INIMICALITY AS SET FORTH HEREIN
SHALL BE INSUFFICIENT GROUNDS FOR DENIAL; OR
7. CONVICTION OF A RACKETEERING ACTIVITY OR KNOWING ASSOCIATION WITH A
PERSON WHO HAS BEEN CONVICTED OF A RACKETEERING ACTIVITY BY A COURT OF
THE UNITED STATES OR ANY STATE OR TERRITORY THEREOF UNDER CIRCUMSTANCES
WHERE SUCH ASSOCIATION CREATES A REASONABLE BELIEF THAT THE PARTIC-
IPATION OF THE APPLICANT IN ANY ACTIVITY REQUIRED TO BE LICENSED UNDER
THIS ARTICLE WOULD BE INIMICAL TO THE POLICIES OF THIS ARTICLE,
PROVIDED, HOWEVER, THAT ASSOCIATION WITHOUT THE REQUISITE SHOWING OF
INIMICALITY AS SET FORTH HEREIN SHALL BE INSUFFICIENT GROUNDS FOR
DENIAL.
§ 534-U. REVOCATION OF LICENSES AND REGISTRATIONS. IN ADDITION TO THE
GROUNDS ELSEWHERE SET FORTH IN THIS ARTICLE, ANY LICENSE OR REGISTRATION
ISSUED OR MADE PURSUANT THERETO MAY BE REVOKED OR SUSPENDED FOR SUCH
PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST OR THE LICENSEE OR
REGISTRANT MAY BE REPRIMANDED, FOR:
1. CONVICTION OF ANY CRIME OR OFFENSE IN RELATION TO GAMBLING IF THE
CRIME OR OFFENSE WAS COMMITTED AT OR ON A PIER OR OTHER WATERFRONT
TERMINAL OR WITHIN FIVE HUNDRED FEET THEREOF;
2. WILLFUL COMMISSION OF, OR WILLFUL ATTEMPT TO COMMIT AT OR ON A
WATERFRONT TERMINAL OR ADJACENT HIGHWAY, ANY ACT OF PHYSICAL INJURY TO
ANY OTHER PERSON OR OF WILLFUL DAMAGE TO OR MISAPPROPRIATION OF ANY
OTHER PERSON'S PROPERTY, UNLESS JUSTIFIED OR EXCUSED BY LAW;
3. RECEIPT OR SOLICITATION OF ANYTHING OF VALUE FROM ANY PERSON OTHER
THAN A LICENSEE'S OR REGISTRANT'S EMPLOYER AS CONSIDERATION FOR THE
SELECTION OR RETENTION FOR EMPLOYMENT OF SUCH LICENSEE OR REGISTRANT;
S. 8308--C 42 A. 8808--C
4. COERCION OF A LICENSEE OR REGISTRANT TO MAKE PURCHASES FROM OR TO
UTILIZE THE SERVICES OF ANY PERSON;
5. REFUSAL TO ANSWER ANY MATERIAL QUESTION OR PRODUCE ANY EVIDENCE
LAWFULLY REQUIRED TO BE ANSWERED OR PRODUCED AT ANY INVESTIGATION,
INTERVIEW OR OTHER PROCEEDING CONDUCTED BY THE COMMISSION PURSUANT TO
THE PROVISIONS OF THIS ACT, OR, IF SUCH REFUSAL IS ACCOMPANIED BY A
VALID PLEA OF PRIVILEGE AGAINST SELF-INCRIMINATION, REFUSAL TO OBEY AN
ORDER TO ANSWER SUCH QUESTION OR PRODUCE SUCH EVIDENCE MADE BY THE
COMMISSION PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OF SECTION FIVE
HUNDRED THIRTY-FOUR-V OF THIS ARTICLE;
6. ASSOCIATION WITH A PERSON WHO HAS BEEN IDENTIFIED BY A FEDERAL,
STATE, OR LOCAL LAW ENFORCEMENT AGENCY AS A MEMBER OR ASSOCIATE OF AN
ORGANIZED CRIME GROUP, A TERRORIST GROUP, OR A CAREER OFFENDER CARTEL,
OR WHO IS A CAREER OFFENDER, UNDER CIRCUMSTANCES WHERE SUCH ASSOCIATION
CREATES A REASONABLE BELIEF THAT THE PARTICIPATION OF THE APPLICANT IN
ANY ACTIVITY REQUIRED TO BE LICENSED UNDER THIS ACT WOULD BE INIMICAL TO
THE POLICIES OF THIS ARTICLE, PROVIDED HOWEVER THAT ASSOCIATION WITHOUT
THE REQUISITE SHOWING OF INIMICALITY AS SET FORTH HEREIN SHALL BE INSUF-
FICIENT GROUNDS FOR REVOCATION; OR
7. CONVICTION OF A RACKETEERING ACTIVITY OR KNOWING ASSOCIATION WITH A
PERSON WHO HAS BEEN CONVICTED OF A RACKETEERING ACTIVITY BY A COURT OF
THE UNITED STATES OR ANY STATE OR TERRITORY THEREOF UNDER CIRCUMSTANCES
WHERE SUCH ASSOCIATION CREATES A REASONABLE BELIEF THAT THE PARTIC-
IPATION OF THE APPLICANT IN ANY ACTIVITY REQUIRED TO BE LICENSED UNDER
THIS ACT WOULD BE INIMICAL TO THE POLICIES OF THIS ARTICLE, PROVIDED,
HOWEVER, THAT ASSOCIATION WITHOUT THE REQUISITE SHOWING OF INIMICALITY
AS SET FORTH HEREIN SHALL BE INSUFFICIENT GROUNDS FOR REVOCATION.
§ 534-V. REFUSAL TO ANSWER QUESTION, IMMUNITY; PROSECUTION. 1. IN ANY
INVESTIGATION, INTERVIEW OR OTHER PROCEEDING CONDUCTED UNDER OATH BY THE
COMMISSION OR ANY DULY AUTHORIZED OFFICER, EMPLOYEE OR AGENT THEREOF, IF
A PERSON REFUSES TO ANSWER A QUESTION OR PRODUCE EVIDENCE OF ANY OTHER
KIND ON THE GROUND THAT THE PERSON MAY BE INCRIMINATED THEREBY, AND,
NOTWITHSTANDING SUCH REFUSAL, AN ORDER IS MADE UPON TWENTY-FOUR HOURS'
PRIOR WRITTEN NOTICE TO THE ATTORNEY GENERAL OF THE STATE OF NEW YORK,
AND TO THE APPROPRIATE DISTRICT ATTORNEY OR PROSECUTOR HAVING AN OFFI-
CIAL INTEREST THEREIN, BY THE COMMISSIONER OR BY THE COMMISSIONER'S
DESIGNEES APPOINTED PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF
SECTION FIVE HUNDRED THIRTY-FOUR-C OF THIS ARTICLE, THAT SUCH PERSON
ANSWER THE QUESTION OR PRODUCE THE EVIDENCE, SUCH PERSON SHALL COMPLY
WITH THE ORDER. IF SUCH PERSON COMPLIES WITH THE ORDER, AND IF, BUT FOR
THIS SUBDIVISION, WOULD HAVE BEEN PRIVILEGED TO WITHHOLD THE ANSWER
GIVEN OR THE EVIDENCE PRODUCED BY THE PERSON, THEN IMMUNITY SHALL BE
CONFERRED UPON THE PERSON, AS PROVIDED FOR IN THIS SECTION. "IMMUNITY"
AS USED IN THIS SUBDIVISION MEANS THAT SUCH PERSON SHALL NOT BE PROSE-
CUTED OR SUBJECTED TO ANY PENALTY OR FORFEITURE FOR OR ON ACCOUNT OF ANY
TRANSACTION, MATTER OR THING CONCERNING WHICH, IN ACCORDANCE WITH THE
ORDER BY THE COMMISSION OR THE COMMISSIONER'S DESIGNEES APPOINTED PURSU-
ANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION FIVE HUNDRED THIR-
TY-FOUR-C OF THIS ARTICLE, SUCH PERSON GAVE ANSWER OR PRODUCED EVIDENCE,
AND THAT NO SUCH ANSWER GIVEN OR EVIDENCE PRODUCED SHALL BE RECEIVED
AGAINST THE PERSON UPON ANY CRIMINAL PROCEEDING. BUT THE PERSON MAY
NEVERTHELESS BE PROSECUTED OR SUBJECTED TO PENALTY OR FORFEITURE FOR ANY
PERJURY OR CONTEMPT COMMITTED IN ANSWERING, OR FAILING TO ANSWER, OR IN
PRODUCING OR FAILING TO PRODUCE EVIDENCE, IN ACCORDANCE WITH THE ORDER,
AND ANY SUCH ANSWER GIVEN OR EVIDENCE PRODUCED SHALL BE ADMISSIBLE
AGAINST THE PERSON UPON ANY CRIMINAL PROCEEDING CONCERNING SUCH PERJURY
S. 8308--C 43 A. 8808--C
OR CONTEMPT. IMMUNITY SHALL NOT BE CONFERRED UPON ANY PERSON EXCEPT IN
ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION. IF, AFTER COMPLI-
ANCE WITH THE PROVISIONS OF THIS SUBDIVISION, A PERSON IS ORDERED TO
ANSWER A QUESTION OR PRODUCE EVIDENCE OF ANY OTHER KIND AND COMPLIES
WITH SUCH ORDER, AND IT IS THEREAFTER DETERMINED THAT THE ATTORNEY
GENERAL OR APPROPRIATE DISTRICT ATTORNEY OR PROSECUTOR HAVING AN OFFI-
CIAL INTEREST THEREIN NOT NOTIFIED, SUCH FAILURE OR NEGLECT SHALL NOT
DEPRIVE SUCH PERSON OF ANY IMMUNITY OTHERWISE PROPERLY CONFERRED UPON
THE PERSON.
2. IF A PERSON, IN OBEDIENCE TO A SUBPOENA DIRECTING THE PERSON TO
ATTEND AND TESTIFY, COMES INTO THIS STATE FROM ANOTHER STATE, THE PERSON
SHALL NOT, WHILE IN THIS STATE PURSUANT TO SUCH SUBPOENA, BE SUBJECT TO
ARREST OR THE SERVICE OF PROCESS, CIVIL OR CRIMINAL, IN CONNECTION WITH
MATTERS WHICH AROSE BEFORE THE PERSON'S ENTRANCE INTO THIS STATE UNDER
THE SUBPOENA.
§ 534-W. ANNUAL PREPARATION OF A BUDGET REQUEST AND ASSESSMENTS. 1.
THE COMMISSION SHALL ANNUALLY SUBMIT A BUDGET REQUEST, WHICH SHALL BE
SUBMITTED TO THE DIRECTOR OF THE BUDGET IN SUCH FORM AS THE DIRECTOR MAY
REQUIRE.
2. AFTER TAKING INTO ACCOUNT SUCH FUNDS AS MAY BE AVAILABLE, THE
BALANCE OF THE COMMISSION'S BUDGETED EXPENSES SHALL BE ASSESSED UPON
EMPLOYERS OF PERSONS REGISTERED OR LICENSED UNDER THIS ACT. EACH SUCH
EMPLOYER SHALL PAY AN ASSESSMENT COMPUTED UPON THE GROSS PAYROLL
PAYMENTS MADE BY SUCH EMPLOYER TO LONGSHORE WORKERS, PIER SUPERINTEN-
DENTS, HIRING AGENTS AND SECURITY OFFICERS FOR WORK OR LABOR PERFORMED
WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE, AT A RATE, NOT IN
EXCESS OF TWO PER CENT, COMPUTED BY THE COMMISSION IN THE FOLLOWING
MANNER: THE COMMISSION SHALL ANNUALLY ESTIMATE THE GROSS PAYROLL
PAYMENTS TO BE MADE BY EMPLOYERS SUBJECT TO ASSESSMENT AND SHALL COMPUTE
A RATE THEREON WHICH WILL YIELD REVENUES SUFFICIENT TO FINANCE THE
COMMISSION'S BUDGET FOR EACH YEAR. SUCH BUDGET TO BE ASSESSED UPON
EMPLOYERS MAY INCLUDE A REASONABLE AMOUNT NOT TO EXCEED TEN PERCENT OF
THE TOTAL OF ALL OTHER ITEMS OF EXPENDITURE CONTAINED THEREIN, WHICH
SHALL BE ALLOCATED TO AN APPLICABLE FUND BALANCE TO BE HELD IN THE
COMMISSION'S EMPLOYERS ASSESSMENT ACCOUNT.
3. THE COMMISSION MAY PROVIDE BY REGULATION FOR THE COLLECTION AND
AUDITING OF ASSESSMENTS. SUCH ASSESSMENTS SHALL BE PAYABLE PURSUANT TO
SUCH PROVISIONS FOR ADMINISTRATION, COLLECTION AND ENFORCEMENT AS THE
STATE MAY PROVIDE BY LEGISLATION. IN ADDITION TO ANY OTHER SANCTION
PROVIDED BY LAW, THE COMMISSION MAY REVOKE OR SUSPEND ANY LICENSE HELD
BY ANY PERSON UNDER THIS ARTICLE, OR THE PERSON'S PRIVILEGE OF EMPLOYING
PERSONS REGISTERED OR LICENSED HEREUNDER, FOR NON-PAYMENT OF ANY ASSESS-
MENT WHEN DUE.
4. THE ASSESSMENT PURSUANT TO THIS SECTION SHALL BE IN LIEU OF ANY
OTHER CHARGE FOR THE ISSUANCE OF LICENSES TO STEVEDORES, PIER SUPER-
INTENDENTS, HIRING AGENTS AND SECURITY OFFICERS OR FOR THE REGISTRATION
OF LONGSHORE WORKERS OR THE USE OF AN EMPLOYMENT INFORMATION CENTER.
THE COMMISSION SHALL ESTABLISH REASONABLE PROCEDURES FOR THE CONSIDER-
ATION OF PROTESTS BY AFFECTED EMPLOYERS CONCERNING THE ESTIMATES AND
COMPUTATION OF THE RATE OF ASSESSMENT.
§ 534-X. PAYMENT OF ASSESSMENT. 1. EVERY PERSON SUBJECT TO THE
PAYMENT OF ANY ASSESSMENT UNDER THE PROVISIONS OF SECTION FIVE HUNDRED
THIRTY-FOUR-W OF THIS ARTICLE SHALL FILE ON OR BEFORE THE FIFTEENTH DAY
OF THE FIRST MONTH OF EACH CALENDAR QUARTER-YEAR A SEPARATE RETURN,
TOGETHER WITH THE PAYMENT OF THE ASSESSMENT DUE, FOR THE PRECEDING
CALENDAR QUARTER-YEAR DURING WHICH ANY PAYROLL PAYMENTS WERE MADE TO
S. 8308--C 44 A. 8808--C
LONGSHORE WORKERS, PIER SUPERINTENDENTS, HIRING AGENTS OR SECURITY OFFI-
CERS FOR WORK PERFORMED AS SUCH WITHIN THE PORT OF NEW YORK DISTRICT IN
THIS STATE. RETURNS COVERING THE AMOUNT OF ASSESSMENT PAYABLE SHALL BE
FILED WITH THE COMMISSION ON FORMS TO BE FURNISHED FOR SUCH PURPOSE AND
SHALL CONTAIN SUCH DATA, INFORMATION OR MATTER AS THE COMMISSION MAY
REQUIRE TO BE INCLUDED THEREIN. THE COMMISSION MAY GRANT A REASONABLE
EXTENSION OF TIME FOR FILING RETURNS, OR FOR THE PAYMENT OF ASSESSMENT,
WHENEVER GOOD CAUSE EXISTS. EVERY RETURN SHALL HAVE ANNEXED THERETO A
CERTIFICATION TO THE EFFECT THAT THE STATEMENTS CONTAINED THEREIN ARE
TRUE.
2. EVERY PERSON SUBJECT TO THE PAYMENT OF ASSESSMENT HEREUNDER SHALL
KEEP AN ACCURATE RECORD OF THAT PERSON'S EMPLOYMENT OF LONGSHORE WORK-
ERS, PIER SUPERINTENDENTS, HIRING AGENTS OR SECURITY OFFICERS, WHICH
SHALL SHOW THE AMOUNT OF COMPENSATION PAID AND SUCH OTHER INFORMATION AS
THE COMMISSION MAY REQUIRE. SUCH RECORDS SHALL BE PRESERVED FOR A PERI-
OD OF THREE YEARS AND BE OPEN FOR INSPECTION AT REASONABLE TIMES. THE
COMMISSION MAY CONSENT TO THE DESTRUCTION OF ANY SUCH RECORDS AT ANY
TIME AFTER SAID PERIOD OR MAY REQUIRE THAT THEY BE KEPT LONGER, BUT NOT
IN EXCESS OF SIX YEARS.
3. (A) THE COMMISSION SHALL AUDIT AND DETERMINE THE AMOUNT OF ASSESS-
MENT DUE FROM THE RETURN FILED AND SUCH OTHER INFORMATION AS IS AVAIL-
ABLE TO IT. WHENEVER A DEFICIENCY IN PAYMENT OF THE ASSESSMENT IS
DETERMINED THE COMMISSION SHALL GIVE NOTICE OF ANY SUCH DETERMINATION TO
THE PERSON LIABLE THEREFOR. SUCH DETERMINATION SHALL FINALLY AND CONCLU-
SIVELY FIX THE AMOUNT DUE, UNLESS THE PERSON AGAINST WHOM IT IS ASSESSED
SHALL, WITHIN THIRTY DAYS AFTER THE GIVING OF NOTICE OF SUCH DETERMI-
NATION, APPLY IN WRITING TO THE COMMISSION FOR A HEARING, OR UNLESS THE
COMMISSION ON ITS OWN MOTION SHALL REDUCE THE SAME. AFTER SUCH HEARING,
THE COMMISSION SHALL GIVE NOTICE OF ITS DECISION TO THE PERSON LIABLE
THEREFOR. A DETERMINATION OF THE COMMISSION UNDER THIS SECTION SHALL BE
SUBJECT TO JUDICIAL REVIEW, IF APPLICATION FOR SUCH REVIEW IS MADE WITH-
IN THIRTY DAYS AFTER THE GIVING OF NOTICE OF SUCH DECISION. ANY DETER-
MINATION UNDER THIS SECTION SHALL BE MADE WITHIN FIVE YEARS FROM THE
TIME THE RETURN WAS FILED AND IF NO RETURN WAS FILED SUCH DETERMINATION
MAY BE MADE AT ANY TIME.
(B) ANY NOTICE AUTHORIZED OR REQUIRED UNDER THIS SECTION MAY BE GIVEN
BY MAILING THE SAME TO THE PERSON FOR WHOM IT IS INTENDED AT THE LAST
ADDRESS GIVEN BY THAT PERSON TO THE COMMISSION, OR IN THE LAST RETURN
FILED BY THAT PERSON WITH THE COMMISSION UNDER THIS SECTION, OR, IF NO
RETURN HAS BEEN FILED THEN TO SUCH ADDRESS AS MAY BE OBTAINABLE. THE
MAILING OF SUCH NOTICE SHALL BE PRESUMPTIVE EVIDENCE OF THE RECEIPT OF
SAME BY THE PERSON TO WHOM ADDRESSED. ANY PERIOD OF TIME, WHICH IS
DETERMINED ACCORDING TO THE PROVISIONS OF THIS SECTION, FOR THE GIVING
OF NOTICE SHALL COMMENCE TO RUN FROM THE DATE OF MAILING OF SUCH NOTICE.
4. WHENEVER ANY PERSON SHALL FAIL TO PAY, WITHIN THE TIME LIMITED
HEREIN, ANY ASSESSMENT WHICH THE PERSON IS REQUIRED TO PAY TO THE
COMMISSION UNDER THE PROVISIONS OF THIS SECTION THE COMMISSION MAY
ENFORCE PAYMENT OF SUCH FEE BY CIVIL ACTION FOR THE AMOUNT OF SUCH
ASSESSMENT WITH INTEREST AND PENALTIES.
5. THE EMPLOYMENT BY A NONRESIDENT OF A LONGSHORE WORKER, OR A
LICENSED PIER SUPERINTENDENT, HIRING AGENT OR SECURITY OFFICER IN THIS
STATE OR THE DESIGNATION BY A NONRESIDENT OF A LONGSHORE WORKER, PIER
SUPERINTENDENT, HIRING AGENT OR SECURITY OFFICER TO PERFORM WORK IN THIS
STATE SHALL BE DEEMED EQUIVALENT TO AN APPOINTMENT BY SUCH NONRESIDENT
OF THE SECRETARY OF STATE TO BE THE NONRESIDENT'S TRUE AND LAWFUL ATTOR-
NEY UPON WHOM MAY BE SERVED THE PROCESS IN ANY ACTION OR PROCEEDING
S. 8308--C 45 A. 8808--C
AGAINST THE NONRESIDENT GROWING OUT OF ANY LIABILITY FOR ASSESSMENTS,
PENALTIES OR INTEREST, AND A CONSENT THAT ANY SUCH PROCESS AGAINST THE
NONRESIDENT WHICH IS SO SERVED SHALL BE OF THE SAME LEGAL FORCE AND
VALIDITY AS IF SERVED PERSONALLY WITHIN THE STATE AND WITHIN THE TERRI-
TORIAL JURISDICTION OF THE COURT FROM WHICH THE PROCESS ISSUES. SERVICE
OF PROCESS WITHIN THIS STATE SHALL BE MADE BY EITHER:
(A) PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY OF STATE
DUPLICATE COPIES THEREOF AT THE OFFICE OF THE DEPARTMENT OF STATE, IN
WHICH EVENT THE SECRETARY OF STATE SHALL FORTHWITH SEND BY REGISTERED
MAIL ONE OF SUCH COPIES TO THE PERSON AT THE LAST ADDRESS DESIGNATED BY
THE PERSON TO THE COMMISSION FOR ANY PURPOSE UNDER THIS SECTION OR IN
THE LAST RETURN FILED BY THE PERSON UNDER THIS SECTION WITH THE COMMIS-
SION OR AS SHOWN ON THE RECORDS OF THE COMMISSION, OR IF NO RETURN HAS
BEEN FILED, AT THE PERSON'S LAST KNOWN OFFICE ADDRESS WITHIN OR OUTSIDE
OF THE STATE; OR
(B) PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY OF STATE A
COPY THEREOF AT THE OFFICE OF THE DEPARTMENT OF STATE AND BY DELIVERING
A COPY THEREOF TO THE PERSON, PERSONALLY OUTSIDE OF THE STATE. PROOF OF
SUCH PERSONAL SERVICE OUTSIDE OF THE STATE SHALL BE FILED WITH THE
CLERK OF THE COURT IN WHICH THE PROCESS IS PENDING WITHIN THIRTY DAYS
AFTER SUCH SERVICE AND SUCH SERVICE SHALL BE COMPLETE TEN DAYS AFTER
PROOF THEREOF IS FILED.
6. WHENEVER THE COMMISSION SHALL DETERMINE THAT ANY MONEYS RECEIVED AS
ASSESSMENTS WERE PAID IN ERROR, IT MAY CAUSE THE SAME TO BE REFUNDED,
PROVIDED AN APPLICATION THEREFOR IS FILED WITH THE COMMISSION WITHIN TWO
YEARS FROM THE TIME THE ERRONEOUS PAYMENT WAS MADE.
7. IN ADDITION TO ANY OTHER POWERS AUTHORIZED HEREUNDER, THE COMMIS-
SION SHALL HAVE POWER TO PROMULGATE REASONABLE RULES AND REGULATIONS TO
EFFECTUATE THE PURPOSES OF THIS SECTION.
8. ANY PERSON WHO SHALL WILLFULLY FAIL TO PAY ANY ASSESSMENT DUE HERE-
UNDER, SHALL BE ASSESSED INTEREST AT A RATE OF ONE PERCENT PER MONTH ON
THE AMOUNT DUE AND UNPAID AND PENALTIES OF FIVE PERCENT OF THE AMOUNT
DUE FOR EACH THIRTY DAYS OR PART THEREOF THAT THE ASSESSMENT REMAINS
UNPAID. THE COMMISSION, MAY, FOR GOOD CAUSE SHOWN, ABATE ALL OR PART OF
SUCH PENALTY.
9. ANY PERSON WHO SHALL WILLFULLY FURNISH FALSE OR FRAUDULENT INFORMA-
TION OR SHALL WILLFULLY FAIL TO FURNISH PERTINENT INFORMATION, AS
REQUIRED, WITH RESPECT TO THE AMOUNT OF ASSESSMENT DUE, SHALL BE GUILTY
OF A MISDEMEANOR, PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND
DOLLARS, OR IMPRISONMENT FOR NOT MORE THAN THREE HUNDRED SIXTY-FOUR
DAYS, OR BOTH.
10. ALL FUNDS OF THE COMMISSION RECEIVED AS PAYMENT OF ANY ASSESSMENT
OR PENALTY UNDER THIS SECTION SHALL BE DEPOSITED WITH THE COMPTROLLER.
THE COMPTROLLER MAY REQUIRE THAT ALL SUCH DEPOSITS BE SECURED BY OBLI-
GATIONS OF THE UNITED STATES OR OF THE STATE OF NEW YORK OF A MARKET
VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF THE DEPOSITS, AND ALL BANKS
AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SUCH SECURITY FOR SUCH
DEPOSITS.
11. THE COMMISSION SHALL REIMBURSE THE STATE FOR ANY FUNDS ADVANCED TO
THE COMMISSION EXCLUSIVE OF SUMS APPROPRIATED PURSUANT TO SECTION FIVE
HUNDRED THIRTY-FOUR-W OF THIS ARTICLE.
§ 534-Y. TRANSFER OF OFFICERS, EMPLOYEES. 1. ANY OFFICER OR EMPLOYEE
IN THE STATE, COUNTY OR MUNICIPAL CIVIL SERVICE IN EITHER STATE WHO
SHALL TRANSFER TO SERVICE WITH THE COMMISSION MAY BE GIVEN ONE OR MORE
LEAVES OF ABSENCE WITHOUT PAY AND MAY, BEFORE THE EXPIRATION OF
SUCH LEAVE OR LEAVES OF ABSENCE, AND WITHOUT FURTHER EXAMINATION OR
S. 8308--C 46 A. 8808--C
QUALIFICATION, RETURN TO THE PERSON'S FORMER POSITION OR BE CERTIFIED
BY THE APPROPRIATE CIVIL SERVICE AGENCY FOR RETRANSFER TO A COMPA-
RABLE POSITION IN SUCH STATE, COUNTY, OR MUNICIPAL CIVIL SERVICE IF
SUCH A POSITION IS THEN AVAILABLE.
2. THE COMMISSION MAY, BY AGREEMENT WITH ANY FEDERAL AGENCY FROM WHICH
ANY OFFICER OR EMPLOYEE MAY TRANSFER TO SERVICE WITH THE COMMISSION,
MAKE SIMILAR PROVISION FOR THE RETRANSFER OF SUCH OFFICER OR EMPLOYEE TO
SUCH FEDERAL AGENCY.
3. ANY OFFICER OR EMPLOYEE IN THE STATE, COUNTY OR MUNICIPAL SERVICE
IN NEW YORK STATE WHO SHALL TRANSFER TO SERVICE WITH THE COMMISSION AND
WHO IS A MEMBER OF THE NEW YORK STATE AND LOCAL RETIREMENT SYSTEM,
SHALL CONTINUE TO HAVE ALL RIGHTS, PRIVILEGES, OBLIGATIONS AND STATUS
WITH RESPECT TO SUCH SYSTEM AS PROVIDED UNDER THE RETIREMENT AND SOCIAL
SECURITY LAW.
§ 534-Z. ANNUAL REPORT. 1. THE COMMISSION SHALL SUBMIT AN ANNUAL
REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND THE TEMPORARY
PRESIDENT OF THE SENATE ON OR BEFORE THE FIRST DAY OF SEPTEMBER OF EACH
YEAR DETAILING THE PREVIOUS FISCAL YEAR. THE COMMISSION SHALL POST SUCH
REPORT ON ITS WEBSITE UPON THE SUBMISSION TO THE OFFICIALS OUTLINED IN
THIS SECTION.
2. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) THE STATUS OF WATERFRONT PRACTICES AND OPERATIONS COVERED BY THIS
ACT;
(B) ANY LEGISLATIVE RECOMMENDATIONS IN FURTHERANCE OF THE PURPOSES OF
THIS ACT;
(C) A DETAILED FISCAL SUMMARY, INCLUDING BUT NOT LIMITED TO: (I) THE
FINANCIAL CONDITION OF THE COMMISSION AT THE END OF SUCH PRECEDING
FISCAL YEAR; (II) A DETAILED LIST OF ANY BONDS ENTERED INTO BY THE
COMMISSION; AND (III) REVENUES RECEIVED BY THE COMMISSION, INCLUDING
EMPLOYER ASSESSMENTS PURSUANT TO SECTION FIVE HUNDRED THIRTY-FOUR-D OF
THIS ARTICLE;
(D) AN OVERVIEW OF WATERFRONT LABOR IN THE PORT OF NEW YORK DISTRICT
IN THIS STATE, INCLUDING BUT NOT LIMITED TO: (I) THE TOTAL NUMBER OF
PIER SUPERINTENDENTS, HIRING AGENTS, SECURITY OFFICERS, AND STEVEDORES
BY TITLE; (II) THE NUMBER OF PIER SUPERINTENDENT, HIRING AGENT, SECURITY
OFFICER, AND STEVEDORE APPLICATIONS RECEIVED BY TITLE; (III) THE NUMBER
OF PIER SUPERINTENDENT, HIRING AGENT, SECURITY OFFICER AND STEVEDORE
LICENSES ISSUED BY TITLE; (IV) THE NUMBER OF PIER SUPERINTENDENT, HIRING
AGENT, SECURITY OFFICER, AND STEVEDORE APPLICATIONS DENIED, RESPECTIVE-
LY, AND THE REASONS FOR SUCH DENIAL BY TITLE; (V) THE NUMBER OF LICENSES
REVOKED AND THE REASONS FOR SUCH REVOCATION BY TITLE; (VI) THE AVERAGE
LENGTH OF TIME FOR THE COMMISSION TO ISSUE A DETERMINATION ON PIER
SUPERINTENDENT, HIRING AGENT, SECURITY OFFICER AND STEVEDORE APPLICA-
TIONS BY TITLE; (VII) THE TOTAL NUMBER OF LONGSHORE WORKERS IN THE LONG-
SHORE WORKERS' REGISTER; (VIII) THE NUMBER OF LONGSHORE WORKER APPLICA-
TIONS RECEIVED; (IX) THE NUMBER OF LONGSHORE WORKER REGISTRATIONS
ISSUED; (X) THE NUMBER OF LONGSHORE WORKER APPLICATIONS DENIED AND THE
REASONS FOR SUCH DENIAL; (XI) THE NUMBER OF LONGSHORE WORKERS REMOVED
FROM THE REGISTER AND REASONS THEREFOR; AND (XII) THE AVERAGE LENGTH OF
TIME FOR THE COMMISSION TO ISSUE A DETERMINATION ON LONGSHORE WORKER
APPLICATIONS;
(E) A DETAILED SUMMARY OF COMMISSION OPERATIONS INCLUDING, BUT NOT
LIMITED TO: (I) THE NUMBER AND ALLOCATED PERCENTAGE OF SWORN INVESTI-
GATORS EMPLOYED BY THE COMMISSION; (II) THE NUMBER AND ALLOCATED
PERCENTAGE OF ADMINISTRATIVE STAFF WHO SOLELY PERFORMED ADMINISTRATIVE
WORK DURING THE PRECEDING FISCAL YEAR; (III) THE NUMBER AND ALLOCATED
S. 8308--C 47 A. 8808--C
PERCENTAGE OF STAFF WHICH PERFORMED WORK RELATED TO THE HIRING AND BACK-
GROUNDING OF THE PORT WORKFORCE; (IV) THE NUMBER OF CASES OR ACTIONS
CONDUCTED BY THE COMMISSION DURING THE PRECEDING FISCAL YEAR; AND (V) A
SUMMARY OF THE COMMISSION'S ACCOMPLISHMENTS; AND
(F) ANY OTHER INFORMATION RELATING TO THE PURPOSES OF THIS ACT.
3. NOTHING IN THIS SECTION SHALL BE READ TO REQUIRE THE DISCLOSURE OF
PERSONALLY IDENTIFIABLE INFORMATION PERTAINING TO ANY APPLICANT NOR THE
DISCLOSURE OF ANY INFORMATION REGARDING ONGOING CRIMINAL INVESTIGATIONS.
§ 3. Paragraphs (h) and (k) of subdivision 34 of section 1.20 of the
criminal procedure law, as amended by chapter 187 of the laws of 2023,
are amended to read as follows:
(h) An investigator employed by THE NEW YORK WATERFRONT COMMISSION OR
a commission created by an interstate compact[, or by section six of
chapter eight hundred eighty-two of the laws of nineteen hundred fifty-
three, constituting the waterfront commission act, as amended,] who is,
to a substantial extent, engaged in the enforcement of the criminal laws
of this state;
(k) A sworn officer of THE NEW YORK WATERFRONT COMMISSION OR a police
force of a public authority created by an interstate compact[, or by
section six of chapter eight hundred eighty-two of the laws of nineteen
hundred fifty-three, constituting the waterfront commission act, as
amended,] where such force is certified in accordance with paragraph (d)
of subdivision one of section eight hundred forty-six-h of the executive
law;
§ 4. Subdivision 34 of section 2.10 of the criminal procedure law, as
added by chapter 843 of the laws of 1980, is amended to read as follows:
34. NEW YORK Waterfront [and airport] investigators, pursuant to
[subdivision four of section ninety-nine hundred six of the unconsol-
idated laws] ARTICLE NINETEEN-I OF THE EXECUTIVE LAW; provided, however,
that nothing in this subdivision shall be deemed to authorize such offi-
cer to carry, possess, repair or dispose of a firearm unless the appro-
priate license therefor has been issued pursuant to section 400.00 of
the penal law.
§ 5. Paragraph k of subdivision 11 of section 302 of the retirement
and social security law, as added by chapter 187 of the laws of 2023, is
amended to read as follows:
k. Service as an investigator or sworn officer of the NEW YORK WATER-
FRONT COMMISSION OR THE waterfront commission of New York harbor [or the
commission created by section six of chapter eight hundred eighty-two of
the laws of nineteen hundred fifty-three, constituting the waterfront
commission act, as amended].
§ 6. Subdivision a and subparagraph (ii) of paragraph 1 of subdivision
c of section 381-b of the retirement and social security law, as amended
by chapter 187 of the laws of 2023, are amended to read as follows:
a. Membership. Every member or officer of the division of state police
in the executive department who enters or re-enters service in the divi-
sion on or after April first, nineteen hundred sixty-nine, and every
investigator or sworn officer employed by the commission created by
section six of chapter eight hundred eighty-two of the laws of nineteen
hundred fifty-three, constituting the waterfront commission act, as
amended, on or after July first, two thousand twenty-three, AND EVERY
INVESTIGATOR OR SWORN OFFICER EMPLOYED BY THE NEW YORK WATERFRONT
COMMISSION IN THE EXECUTIVE DEPARTMENT shall be covered by the
provisions of this section, and every member or officer of the division
of state police in the executive department in such service on such date
may elect to be covered by the provisions of this section by filing an
S. 8308--C 48 A. 8808--C
election therefor with the comptroller on or before March thirty-first,
nineteen hundred seventy-two. To be effective, such election must be
duly executed and acknowledged on a form prepared by the comptroller for
that purpose.
(ii) for service rendered as an investigator or sworn officer of the
waterfront commission of New York harbor, [and] FOR SERVICE RENDERED AS
AN INVESTIGATOR OR SWORN OFFICER OF THE NEW YORK WATERFRONT COMMISSION,
for service rendered as an investigator-trainee of the waterfront
commission of New York harbor, AND FOR SERVICE RENDERED AS AN INVESTIGA-
TOR-TRAINEE OF THE NEW YORK WATERFRONT COMMISSION, that was creditable
under subdivision w of section three hundred eighty-four-d of this arti-
cle; and
§ 7. Subdivision w of section 384-d of the retirement and social secu-
rity law, as added by chapter 407 of the laws of 2000, is amended to
read as follows:
w. Notwithstanding any other provision of law to the contrary, any
member of the New York state and local police and fire retirement system
who was a member of the New York state and local employees' retirement
system while employed as an investigator-trainee, Waterfront Commission
of New York Harbor OR THE NEW YORK WATERFRONT COMMISSION, which [is] ARE
not deemed to be police service, who [is] ARE employed by the NEW YORK
Waterfront Commission [of New York Harbor], which is an employer elect-
ing to participate in the optional twenty year retirement plan pursuant
to this section shall be deemed to have provided police service while so
employed by the Waterfront Commission of New York Harbor OR THE NEW YORK
WATERFRONT COMMISSION and shall receive creditable service in the New
York state and local police and fire retirement system for prior credit-
able service in the New York state and local employees' retirement
system earned while employed as an investigator-trainee and shall have
the period of such prior service credit counted as police service for
the purpose of determining the amount of their pension and retirement
allowance and period of service needed for retirement.
§ 8. Paragraph (c) of subdivision 1 of section 5 of the tax law, as
added by chapter 295 of the laws of 1987, is amended to read as follows:
(c) "State agency" shall mean the state of New York, any department,
board, bureau, commission, division, office, council or agency thereof,
a public authority or a public benefit corporation. "STATE AGENCY" SHALL
ALSO INCLUDE THE NEW YORK WATERFRONT COMMISSION.
§ 8-a. Paragraph (c) of subdivision 1 of section 5 of the tax law, as
amended by chapter 170 of the laws of 1994, is amended to read as
follows:
(c) "Covered agency" shall mean the state of New York, any county of
the state of New York, any department, board, bureau, commission, divi-
sion, office, council or agency of the state or any such county, a
public authority, a public benefit corporation, the port authority of
New York and New Jersey or the waterfront commission of New York harbor.
When a county is wholly included within a city, then the term "county"
shall be read to include the city. "COVERED AGENCY" SHALL ALSO INCLUDE
THE NEW YORK WATERFRONT COMMISSION.
§ 9. Paragraph 8 of subdivision (c) of section 1105 of the tax law, as
added by chapter 190 of the laws of 1990, is amended to read as follows:
(8) Protective and detective services, including, but not limited to,
all services provided by or through alarm or protective systems of every
nature, including, but not limited to, protection against burglary,
theft, fire, water damage or any malfunction of industrial processes or
any other malfunction of or damage to property or injury to persons,
S. 8308--C 49 A. 8808--C
detective agencies, armored car services and guard, patrol and [watch-
man] SECURITY services of every nature other than the performance of
such services by a [port watchman] SECURITY OFFICER licensed by the NEW
YORK WATERFRONT COMMISSION OR THE waterfront commission of New York
harbor, whether or not tangible personal property is transferred in
conjunction therewith.
§ 10. This act shall take effect June 30, 2024; provided that section
eight-a of this act shall take effect upon the enactment into law by the
state of New Jersey of legislation having an identical effect with this
act in accordance with chapter 598 of the laws of 1988, but if the state
of New Jersey shall have already enacted such legislation, this act
shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would create the New York Waterfront Commission and revise
the Retirement and Social Security Law to make permanent the changes of
Chapter 187 Laws of 2023, which added the titles of investigator and
sworn officer employed by the Waterfront Commission Act, to the defi-
nition of membership in Section 381-b including making such service
creditable under RSSL §381-b, and further expand creditable service to
include service as an investigator-trainee.
If this bill is enacted during the 2024 Legislative Session, we do not
anticipate any additional cost to the State of New York or the partic-
ipating employers in the New York State and Local Police and Fire
Retirement System.
To the extent that new members gain coverage under Section 381-b of
the RSSL, we anticipate a contribution of 26.4% of salary paid to newly
eligible members for the fiscal year ending March 31, 2025. In future
years, this cost will vary but is expected to average 20.6% of salary
annually.
The exact number of current members as well as future members who
could be affected by this legislation cannot be readily determined.
Summary of relevant resources:
Membership data as of March 31, 2023 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2023 actuari-
al valuation. Distributions and other statistics can be found in the
2023 Report of the Actuary and the 2023 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2023
Annual Report to the Comptroller on Actuarial Assumptions, and the
Codes, Rules and Regulations of the State of New York: Audit and
Control.
The Market Assets and GASB Disclosures are found in the March 31, 2023
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated January 13, 2024, and intended for use only
during the 2024 Legislative Session, is Fiscal Note No. 2024-082,
prepared by the Actuary for the New York State and Local Retirement
System.
PART M
S. 8308--C 50 A. 8808--C
Section 1. Section 2 of part DDD of chapter 55 of the laws of 2021
amending the public authorities law relating to the clean energy
resources development and incentives program, is amended to read as
follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed [three years after such date] APRIL 19, 2030; provided
however, that the amendments to section 1902 of the public authorities
law made by section one of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.
§ 2. The opening paragraph of paragraph (a) and paragraph (b) of
subdivision 1 of section 1902 of the public authorities law, as added by
section 6 of part JJJ of chapter 58 of the laws of 2020, are amended to
read as follows:
Locate, identify and assess sites within the state that appear suit-
able for the development of build-ready sites with a priority given to
DORMANT ELECTRIC GENERATING SITES, AND PREFERENCE TO previously devel-
oped sites[.], PROVIDED THAT LAND USED IN AGRICULTURAL PRODUCTION AS
DEFINED BY THE DEPARTMENT OF AGRICULTURE AND MARKETS, WITH ADDITIONAL
CONSIDERATION FOR LAND WITHIN AN AGRICULTURAL DISTRICT OR LAND THAT
CONTAINS MINERAL SOIL GROUPS 1-4, SHALL NOT BE DEEMED SUITABLE FOR
THE DEVELOPMENT OF A BUILD-READY SITE EXCEPT WHEN NECESSARY FOR GENERA-
TOR LEAD LINES AND OTHER EQUIPMENT NEEDED FOR INTERCONNECTION OF
PROJECTS TO THE ELECTRIC SYSTEM. Such assessment may include but need
not be limited to the following considerations:
(b) (I) In making such assessment the authority shall give priority to
previously developed sites, existing or abandoned commercial sites,
including without limitation brownfields, landfills, former commercial
or industrial sites, dormant electric generating sites, or otherwise
underutilized sites; AND
(II) THE AUTHORITY MAY ESTABLISH A RENEWABLE ENERGY GENERATION PROJECT
IN FURTHERANCE OF AN AGRIVOLATIC PROJECT, WHERE "AGRIVOLTAIC PROJECT"
SHALL MEAN THE SIMULTANEOUS USE OF AREAS OF LAND FOR BOTH SOLAR POWER
GENERATION AND AGRICULTURE, SPECIFIC TO THE PRACTICE OF SUCH DUAL-USE
SOLAR ENERGY PROJECT, WHERE ANY OF THE PREVIOUSLY DEVELOPED SITES LISTED
IN SUBPARAGRAPH (I) OF THIS PARAGRAPH IS RECLAIMED AS FARMLAND.
§ 3. Section 1900 of the public authorities law, as added by section 6
of part JJJ of chapter 58 of the laws of 2020, is amended to read as
follows:
§ 1900. Statement of legislative intent. It is the intent of the
legislature in enacting this title to empower the New York state energy
research and development authority to establish effective programs and
other mechanisms to: (1) foster and encourage the orderly and expedient
siting and development of renewable energy facilities AND QUALIFIED
ENERGY STORAGE SYSTEMS, particularly at sites which are difficult to
develop, consistent with applicable law for the purpose of enabling the
state to meet CLCPA targets as defined in subdivision [two of section
ninety-four-c of the executive law] ONE OF SECTION ONE HUNDRED THIRTY-
SEVEN OF ARTICLE EIGHT OF THE PUBLIC SERVICE LAW; (2) incentivize the
re-use of previously developed sites for renewable energy facilities AND
QUALIFIED ENERGY STORAGE SYSTEMS to protect the value of taxable land,
capitalize on existing infrastructure; (3) support the provision of
benefits to communities that host renewable energy facilities AND QUALI-
FIED ENERGY STORAGE SYSTEMS; and (4) protect environmental justice areas
from adverse environmental impacts.
S. 8308--C 51 A. 8808--C
§ 4. Subdivisions 5 and 8 of section 1901 of the public authorities
law, as added by section 6 of part JJJ of chapter 58 of the laws of
2020, are amended and a new subdivision 9 is added to read as follows:
5. "Host community" shall mean any municipality within which a major
renewable energy facility OR QUALIFIED ENERGY STORAGE SYSTEM, or any
portion thereof, has been proposed for development.
8. "Build-ready site" shall mean a site for which the authority has
secured permits, property interests, agreements and/or other authori-
zations necessary to offer such site for further development,
construction and operation of a renewable energy facility, WITH OR WITH-
OUT A PAIRED QUALIFIED ENERGY STORAGE SYSTEM, OR A STAND-ALONE QUALIFIED
ENERGY STORAGE SYSTEM, in accordance with the other provisions of this
title.
9. "QUALIFIED ENERGY STORAGE SYSTEM" SHALL HAVE THE SAME MEANING AS
QUALIFIED ENERGY STORAGE SYSTEM DEFINED IN SECTION SEVENTY-FOUR OF THE
PUBLIC SERVICE LAW.
§ 5. Subdivisions 3 and 6 of section 1902 of the public authorities
law, as added by section 6 of part JJJ of chapter 58 of the laws of
2020, are amended to read as follows:
3. Establish procedures and protocols for the purpose of establishment
and transfer of build-ready sites which shall include, at a minimum: (a)
written notice at the earliest practicable time to a municipality in
which a potential build-ready site has been identified, PROVIDED HOWEV-
ER, THAT THE AUTHORITY SHALL NOT DEEM ANY SITE FOR QUALIFIED ENERGY
STORAGE SYSTEMS SUITABLE WITHOUT FIRST CONSULTING ANY MUNICIPALITIES
WITH JURISDICTION OVER THE POTENTIAL BUILD-READY SITE AND OBTAINING
THEIR APPROVAL; and (b) a preliminary screening process to determine, in
consultation with the department of environmental conservation, whether
the potential build-ready site is located in or near an environmental
justice area and whether an environmental justice area would be adverse-
ly affected by development of a build-ready site;
6. Establish one or more programs pursuant to which property owners
and communities would receive incentives to host major renewable energy
facilities OR QUALIFIED ENERGY STORAGE SYSTEMS developed for the purpose
of advancing the state policies embodied in this article. Such program
may include without limitation, and notwithstanding any other provision
of law to the contrary, provisions for the authority to negotiate and
enter into agreements with property owners and host communities provid-
ing for incentives, including a payment in lieu of taxes, the transfer
of the authority's interests in such agreements to developers to whom
build-ready sites are transferred, and the provision of information and
guidance to stakeholders concerning incentives. The authority shall
maintain a record of such programs and incentives, and shall publish
such record on the authority's website;
§ 6. This act shall take effect immediately; provided, however, that
the amendments to sections 1900, 1901 and 1902 of the public authorities
law made by sections two, three, four and five of this act shall not
affect the expiration and repeal of such sections and shall expire and
be deemed repealed therewith; provided, however, if this act shall
become a law after such date, it shall take effect immediately and shall
be deemed to have been in full force and effect on and after April 1,
2024.
PART N
S. 8308--C 52 A. 8808--C
Section 1. Expenditures of moneys by the New York state energy
research and development authority for services and expenses of the
energy research, development and demonstration program, including
grants, the energy policy and planning program, and the Fuel NY program
shall be subject to the provisions of this section. Notwithstanding the
provisions of subdivision 4-a of section 18-a of the public service law,
all moneys committed or expended in an amount not to exceed $28,725,000
shall be reimbursed by assessment against gas corporations, as defined
in subdivision 11 of section 2 of the public service law and electric
corporations as defined in subdivision 13 of section 2 of the public
service law, where such gas corporations and electric corporations have
gross revenues from intrastate utility operations in excess of $500,000
in the preceding calendar year, and the total amount assessed shall be
allocated to each electric corporation and gas corporation in proportion
to its intrastate electricity and gas revenues in the calendar year
2022. Such amounts shall be excluded from the general assessment
provisions of subdivision 2 of section 18-a of the public service law.
The chair of the public service commission shall bill such gas and/or
electric corporations for such amounts on or before August 10, 2024 and
such amounts shall be paid to the New York state energy research and
development authority on or before September 10, 2024. Upon receipt,
the New York state energy research and development authority shall
deposit such funds in the energy research and development operating fund
established pursuant to section 1859 of the public authorities law. The
New York state energy research and development authority is authorized
and directed to: (1) transfer up to $4 million to the state general fund
for climate change related services and expenses of the department of
environmental conservation from the funds received; and (2) commencing
in 2016, provide to the chair of the public service commission and the
director of the budget and the chairs and secretaries of the legislative
fiscal committees, on or before August first of each year, an itemized
record, certified by the president and chief executive officer of the
authority, or his or her designee, detailing any and all expenditures
and commitments ascribable to moneys received as a result of this
assessment by the chair of the department of public service pursuant to
section 18-a of the public service law. This itemized record shall
include an itemized breakdown of the programs being funded by this
section and the amount committed to each program. The authority shall
not commit for any expenditure, any moneys derived from the assessment
provided for in this section, until the chair of such authority shall
have submitted, and the director of the budget shall have approved, a
comprehensive financial plan encompassing all moneys available to and
all anticipated commitments and expenditures by such authority from any
source for the operations of such authority. Copies of the approved
comprehensive financial plan shall be immediately submitted by the chair
to the chairs and secretaries of the legislative fiscal committees. Any
such amount not committed by such authority to contracts or contracts to
be awarded or otherwise expended by the authority during the fiscal year
shall be refunded by such authority on a pro-rata basis to such gas
and/or electric corporations, in a manner to be determined by the
department of public service, and any refund amounts must be explicitly
lined out in the itemized record described above.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024.
PART O
S. 8308--C 53 A. 8808--C
Section 1. Short title, legislative findings and declaration. This act
shall be known and may be cited as the "renewable action through project
interconnection and deployment (RAPID) act". The legislature hereby
finds and declares that:
1. To timely achieve the renewable energy and greenhouse gas reduction
targets established pursuant to the climate leadership and community
protection act ("CLCPA"), while contemporaneously maintaining the reli-
ability of the state's electric transmission system, action is needed to
consolidate and expedite the environmental review and permitting of
major renewable energy facilities and major electric utility trans-
mission facilities.
2. Since enactment of the CLCPA, it has become apparent that the
State's bulk and local transmission facilities need to be significantly
upgraded to deliver renewable energy to load. These significant
upgrades in the bulk and local transmission system must be undertaken in
an expedited timeframe consistent with the timeframe to achieve the
CLCPA targets.
3. In the context of achieving the CLCPA targets, a public policy
purpose would be served and the interests of the people of the state of
New York would be advanced by transferring the Office of Renewable Ener-
gy Siting ("ORES"), currently under the auspices of the Department of
State, to the Department of Public Service ("DPS") and providing such
office with additional responsibilities for the review and permitting of
major electric transmission facilities as set forth in this act.
4. The legislature finds that such a transfer would combine the long-
standing expertise of DPS related to transmission siting, planning and
compliance with environmental and reliability standards with ORES's
expertise related to the siting of renewable energy resources and, in so
doing, create synergies, and otherwise provide for more efficient siting
of major renewable energy and transmission facilities.
§ 2. Section 94-c of the executive law is REPEALED.
§ 3. Transfer of Office of Renewable Energy Siting. ORES, an office
established in the Department of State by the Accelerated Renewable
Energy Growth and Community Benefit Act, enacted under part JJJ of chap-
ter 58 of the laws of 2020, is hereby transferred to and established
within the DPS, and shall continue to have all existing functions,
powers, duties and obligations of ORES together with the new additional
functions, powers, duties and obligations set forth in this act.
§ 4. Continuity of existing functions, powers, duties and obli-
gations. All of the existing functions, powers, obligations, and duties
granted to ORES by section 94-c of the executive law now repealed, are
hereby transferred, and shall be deemed to and held to constitute the
continuation of such functions, powers, duties and obligations of ORES,
and not a different agency, authority, department or office. All appli-
cations pending before ORES on the effective date of this act shall be
considered and treated as applications filed pursuant to this act as of
the date of filing of such applications.
§ 5. Transfer of employees. 1. Upon the transfer of such functions,
powers, duties and obligations pursuant to this act, provision shall be
made for the transfer of all employees of ORES situated within the
department of state into DPS pursuant to subdivision 2 of section 70 of
the civil service law. Employees so transferred shall be transferred
without further examination or qualification to the same or similar
titles, shall remain in the same collective bargaining units and shall
retain their respective civil service classifications, status and rights
S. 8308--C 54 A. 8808--C
pursuant to their collective bargaining units and collective bargaining
agreements.
2. All employees hired after the effective date of this act shall,
consistent with the provisions of article 14 of the civil service law,
be classified in the same bargaining units. Employees other than manage-
ment or confidential persons as defined in article 14 of the civil
service law serving positions in newly created titles shall be assigned
to the appropriate bargaining unit. Nothing contained herein shall be
construed to affect:
(a) the rights of employees pursuant to a collective bargaining agree-
ment; or
(b) the representational relationships among employee organizations or
the bargaining relationships between the state and an employee organiza-
tion.
§ 6. Transfer of records. All records, including but not limited to,
books, papers, and property of ORES shall be transferred and delivered
to DPS.
§ 7. Transfer and continuation of regulations; conforming changes.
Notwithstanding any inconsistent provision of the state administrative
procedure act: all rules and regulations of ORES adopted at 19 NYCRR
part 900 in force at the time of the transfer of ORES to DPS shall
continue in full force and effect as rules and regulations of the
department until duly modified or abrogated by such department; 19 NYCRR
part 900 shall be and hereby is transferred to 16 NYCRR Chapter XI, with
such conforming changes as shall be required to reflect the transfer and
relocation of ORES to DPS as provided in this act, and shall continue in
full force and effect. Provided, however, that such conforming changes
are limited to such substitutions of numbering, names, titles, cita-
tions, and other non-substantive amendments that are necessary only to
effectuate the transfer and relocation of ORES to DPS, the changes may
be filed with the secretary of state without the need for additional
proceedings under the state administrative procedure act or section
101-a of the executive law, and shall continue in full force and effect
and be excluded from review for all purposes under the state environ-
mental quality review act, and shall not be subject to review or other-
wise actionable under article 78 of the civil practice law and rules.
§ 8. Promulgation of rules and regulations. ORES, in consultation with
DPS, shall be authorized to promulgate regulations subject to the
approval of regulations by the public service commission on an emergency
basis to ensure the implementation of this act.
§ 9. The public service law is amended by adding a new section 3-c to
read as follows:
§ 3-C. OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION.
1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "EXECUTIVE DIRECTOR" OR "DIRECTOR" SHALL MEAN THE EXECUTIVE DIREC-
TOR OF THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION.
(B) "ORES" AND "OFFICE" SHALL MEAN THE OFFICE OF RENEWABLE ENERGY
SITING AND ELECTRIC TRANSMISSION ESTABLISHED PURSUANT TO THIS SECTION.
(C) "SITING PERMIT" SHALL MEAN THE MAJOR RENEWABLE ENERGY FACILITY
SITING PERMIT OR MAJOR ELECTRIC TRANSMISSION FACILITY PERMIT ISSUED BY
THE EXECUTIVE DIRECTOR PURSUANT TO ARTICLE VIII OF THIS CHAPTER, AND THE
RULES AND REGULATIONS PROMULGATED BY ORES AND APPROVED BY THE COMMIS-
SION.
S. 8308--C 55 A. 8808--C
2. GENERAL POWERS AND RESPONSIBILITIES. (A) THERE IS HEREBY ESTAB-
LISHED IN THE DEPARTMENT AN OFFICE OF RENEWABLE ENERGY SITING AND ELEC-
TRIC TRANSMISSION.
(B) ORES SHALL ACCEPT APPLICATIONS AND EVALUATE, ISSUE, AMEND, AND
APPROVE THE ASSIGNMENT AND/OR TRANSFER OF SITING PERMITS PURSUANT TO
ARTICLE VIII OF THIS CHAPTER. ORES SHALL EXERCISE ITS AUTHORITY BY AND
THROUGH THE EXECUTIVE DIRECTOR.
(C) ORES, BY AND THROUGH THE EXECUTIVE DIRECTOR, SHALL BE AUTHORIZED
TO CONDUCT HEARINGS AND DISPUTE RESOLUTION PROCEEDINGS, ISSUE PERMITS,
AND ADOPT, SUBJECT TO THE APPROVAL OF THE PUBLIC SERVICE COMMISSION,
SUCH RULES, REGULATIONS AND PROCEDURES AS MAY BE NECESSARY, OR ANY
AMENDMENTS OR MODIFICATIONS THERETO, CONVENIENT, OR DESIRABLE TO EFFEC-
TUATE THE PURPOSES OF THIS SECTION AND ARTICLE VIII OF THIS CHAPTER.
(D) ORES SHALL, AMONG OTHER THINGS, CONTINUE UNIMPEDED THE WORK OF THE
OFFICE OF RENEWABLE ENERGY SITING ESTABLISHED UNDER THE FORMER SECTION
NINETY-FOUR-C OF THE EXECUTIVE LAW. ALL PERMITS ISSUED BY THE FORMER
OFFICE OF RENEWABLE ENERGY SITING, ESTABLISHED PURSUANT TO FORMER
SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW, AND ALL CERTIFICATES OF
ENVIRONMENTAL COMPATIBILITY AND PUBLIC NEED ISSUED BY THE COMMISSION
PURSUANT TO ARTICLE VII OF THIS CHAPTER SHALL BE CONSIDERED FOR ALL
LEGAL PURPOSES TO BE PERMITS ISSUED BY ORES.
(E) ALL FINAL SITING PERMITS ISSUED BY ORES OR HERETOFORE ISSUED BY
THE OFFICE OF RENEWABLE ENERGY SITING ESTABLISHED PURSUANT TO THE FORMER
SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW ARE HEREBY ENFORCEABLE BY
ORES AND THE DEPARTMENT PURSUANT TO SECTION TWENTY-FOUR, SECTION TWEN-
TY-FIVE, AND SECTION TWENTY-SIX OF THIS ARTICLE AS IF ISSUED BY THE
COMMISSION, EXCEPT THAT SUCH PERMITS ISSUED TO COMBINATION GAS AND ELEC-
TRIC CORPORATIONS ARE ALSO ENFORCEABLE BY ORES AND THE DEPARTMENT PURSU-
ANT TO SECTION TWENTY-FIVE-A OF THIS ARTICLE. ORES AND THE DEPARTMENT
SHALL MONITOR, ENFORCE, AND ADMINISTER COMPLIANCE WITH ANY TERMS AND
CONDITIONS SET FORTH IN A SITING PERMIT ISSUED PURSUANT TO ARTICLE VIII
OF THIS CHAPTER AND IN DOING SO MAY USE AND RELY ON AUTHORITY PROVIDED
TO THE COMMISSION OTHERWISE AVAILABLE UNDER THIS CHAPTER. NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE HOLDER OF A CERTIF-
ICATE OR PERMIT ISSUED UNDER ARTICLE VIII OF THIS CHAPTER, OR A PREDE-
CESSOR STATUTE THERETO, FOR A MAJOR RENEWABLE ENERGY FACILITY WITH AN
ELECTRIC GENERATING CAPACITY BETWEEN TWENTY-FIVE AND EIGHTY MEGAWATTS OR
THAT OTHERWISE OPTS INTO ARTICLE VIII OF THIS CHAPTER IS SUBJECT TO
ENFORCEMENT BY ORES OR THE DEPARTMENT PURSUANT TO SECTIONS TWENTY-FOUR,
TWENTY-FIVE AND TWENTY-SIX OF THIS ARTICLE.
(F) AT THE REQUEST OF ORES, ALL OTHER STATE AGENCIES AND AUTHORITIES
ARE HEREBY AUTHORIZED TO PROVIDE SUPPORT AND RENDER SERVICES TO THE
OFFICE WITHIN THEIR RESPECTIVE FUNCTIONS.
§ 10. Continuity of existing functions, powers, duties, and obli-
gations. All of the existing functions, powers, duties, and obligations
of the farmland protection working group, and duties granted to the
farmland protections working group by section 94-c of the executive law
now repealed, are hereby transferred, and shall be deemed and be held to
constitute the continuation of such functions, powers, duties, and
obligations of the farmland protection working group and not to a
different agency, authority, department or office.
§ 11. Articles 8 of the public service law, as added by chapter 708 of
the laws of 1978 and as added by chapter 385 of the laws of 1972, are
REPEALED and a new article 8 is added to read as follows:
S. 8308--C 56 A. 8808--C
ARTICLE VIII
SITING OF RENEWABLE ENERGY AND ELECTRIC TRANSMISSION
SECTION 136. PURPOSE.
137. DEFINITIONS.
138. GENERAL PROVISIONS RELATED TO ESTABLISHING STANDARDS
RELATED TO SITING MAJOR RENEWABLE ENERGY FACILITIES.
139. GENERAL PROVISIONS RELATED TO ESTABLISHING STANDARDS
RELATED TO SITING MAJOR ELECTRIC TRANSMISSION FACILITIES.
140. APPLICABILITY RELATED TO SITING MAJOR RENEWABLE ENERGY
FACILITIES.
141. APPLICABILITY RELATED TO SITING MAJOR ELECTRIC TRANSMISSION
FACILITIES.
142. APPLICATION, NOTICE, AND REVIEW RELATING TO MAJOR RENEWABLE
ENERGY FACILITY SITING.
143. APPLICATION, NOTICE, AND REVIEW RELATING TO MAJOR ELECTRIC
TRANSMISSION FACILITY SITING.
144. POWERS OF MUNICIPALITIES AND STATE AGENCIES AND AUTHORI-
TIES.
145. FEES; LOCAL AGENCY ACCOUNT.
146. JUDICIAL REVIEW.
147. FARMLAND PROTECTION WORKING GROUP.
148. REPORTS OF THE OFFICE OF RENEWABLE ENERGY SITING AND ELEC-
TRIC TRANSMISSION.
§ 136. PURPOSE. IT IS THE PURPOSE OF THIS ARTICLE TO CONSOLIDATE THE
ENVIRONMENTAL REVIEW, PERMITTING, AND SITING IN THIS STATE OF MAJOR
RENEWABLE ENERGY FACILITIES AND MAJOR ELECTRIC TRANSMISSION FACILITIES
SUBJECT TO THIS ARTICLE, AND TO PROVIDE ORES AS A SINGLE FORUM FOR THE
COORDINATED AND TIMELY REVIEW OF SUCH PROJECTS TO MEET THE STATE'S
RENEWABLE ENERGY GOALS AND ENSURE THE RELIABILITY OF THE ELECTRIC TRANS-
MISSION SYSTEM, WHILE ALSO ENSURING THE PROTECTION OF THE ENVIRONMENT
AND CONSIDERATION OF ALL PERTINENT SOCIAL, ECONOMIC AND ENVIRONMENTAL
FACTORS IN THE DECISION TO PERMIT SUCH PROJECTS AS MORE SPECIFICALLY
PROVIDED IN THIS ARTICLE.
§ 137. DEFINITIONS. WHERE USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "CLCPA TARGETS" SHALL MEAN THE PUBLIC POLICIES ESTABLISHED IN THE
CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT ENACTED IN CHAPTER ONE
HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, INCLUDING BUT NOT
LIMITED TO THE REQUIREMENT THAT A MINIMUM OF SEVENTY PERCENT OF THE
STATEWIDE ELECTRIC GENERATION BE PRODUCED BY RENEWABLE ENERGY SYSTEMS BY
TWO THOUSAND THIRTY, THAT BY THE YEAR TWO THOUSAND FORTY THE STATEWIDE
ELECTRICAL DEMAND SYSTEM WILL GENERATE ZERO EMISSIONS, AND THE PROCURE-
MENT OF AT LEAST NINE GIGAWATTS OF OFFSHORE WIND ELECTRICITY GENERATION
BY TWO THOUSAND THIRTY-FIVE, SIX GIGAWATTS OF PHOTOVOLTAIC SOLAR GENER-
ATION BY TWO THOUSAND TWENTY-FIVE AND TO SUPPORT THREE GIGAWATTS OF
STATEWIDE ENERGY STORAGE CAPACITY BY TWO THOUSAND THIRTY.
2. "DORMANT ELECTRIC GENERATING SITE" SHALL MEAN A SITE AT WHICH ONE
OR MORE ELECTRIC GENERATING FACILITIES PRODUCED ELECTRICITY BUT HAS
PERMANENTLY CEASED OPERATING.
3. "MAJOR ELECTRIC TRANSMISSION FACILITY" MEANS AN ELECTRIC TRANS-
MISSION LINE OF A DESIGN CAPACITY OF ONE HUNDRED TWENTY-FIVE KILOVOLTS
OR MORE EXTENDING A DISTANCE OF ONE MILE OR MORE, OR OF ONE HUNDRED
KILOVOLTS OR MORE AND LESS THAN ONE HUNDRED TWENTY-FIVE KILOVOLTS,
EXTENDING A DISTANCE OF TEN MILES OR MORE, INCLUDING ASSOCIATED EQUIP-
MENT, BUT SHALL NOT INCLUDE ANY SUCH TRANSMISSION LINE LOCATED WHOLLY
S. 8308--C 57 A. 8808--C
UNDERGROUND IN A CITY WITH A POPULATION IN EXCESS OF ONE HUNDRED TWEN-
TY-FIVE THOUSAND OR A PRIMARY TRANSMISSION LINE APPROVED BY THE FEDERAL
ENERGY REGULATORY COMMISSION IN CONNECTION WITH A HYDRO-ELECTRIC FACILI-
TY.
4. "MAJOR RENEWABLE ENERGY FACILITY" MEANS ANY RENEWABLE ENERGY
SYSTEM, AS SUCH TERM IS DEFINED IN SECTION SIXTY-SIX-P OF THIS CHAP-
TER, WITH A NAMEPLATE GENERATING CAPACITY OF TWENTY-FIVE THOUSAND KILO-
WATTS OR MORE, AND ANY CO-LOCATED SYSTEM STORING ENERGY GENERATED FROM
SUCH A RENEWABLE ENERGY SYSTEM PRIOR TO DELIVERING IT TO THE BULK
TRANSMISSION SYSTEM, INCLUDING ALL ASSOCIATED APPURTENANCES TO ELECTRIC
PLANTS, INCLUDING ELECTRIC TRANSMISSION FACILITIES LESS THAN TEN MILES
IN LENGTH IN ORDER TO PROVIDE ACCESS TO LOAD AND TO INTEGRATE SUCH
FACILITIES INTO THE STATE'S BULK ELECTRIC TRANSMISSION SYSTEM.
5. "LANDOWNER" MEANS THE HOLDER OF ANY RIGHT, TITLE, OR INTEREST IN
REAL PROPERTY SUBJECT TO A PROPOSED SITE OR RIGHT OF WAY AS IDENTIFIED
FROM THE MOST RECENT TAX ROLL OF THE APPROPRIATE MUNICIPALITY.
6. "LOCAL AGENCY" MEANS ANY LOCAL AGENCY, BOARD, DISTRICT, COMMISSION
OR GOVERNING BODY, INCLUDING ANY CITY, COUNTY, AND OTHER POLITICAL
SUBDIVISION OF THE STATE.
7. "LOCAL AGENCY ACCOUNT" OR "ACCOUNT" SHALL MEAN THE ACCOUNT ESTAB-
LISHED IN SUBDIVISION SEVEN OF SECTION NINETY-FOUR-C OF THE EXECUTIVE
LAW NOW REPEALED AND CONTINUED IN SECTION ONE HUNDRED FORTY-FIVE OF THIS
ARTICLE.
8. "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN, OR VILLAGE.
9. "RIGHT-OF-WAY" SHALL MEAN:
(A) REAL PROPERTY THAT IS USED OR AUTHORIZED TO BE USED FOR ELECTRIC
UTILITY PURPOSES; OR
(B) REAL PROPERTY OWNED OR CONTROLLED BY OR UNDER THE JURISDICTION OF
THE STATE, A DISTRIBUTION UTILITY, OR A STATE PUBLIC AUTHORITY INCLUDING
BY MEANS OF OWNERSHIP, LEASE OR EASEMENT, THAT IS USED OR AUTHORIZED TO
BE USED FOR TRANSPORTATION OR CANAL PURPOSES.
10. "ORES" SHALL MEAN THE OFFICE OF RENEWABLE ENERGY SITING AND ELEC-
TRIC TRANSMISSION ESTABLISHED PURSUANT TO SECTION THREE-C OF THIS CHAP-
TER.
11. "EXECUTIVE DIRECTOR" OR "DIRECTOR" SHALL MEAN THE EXECUTIVE DIREC-
TOR OF THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION.
12. "MAJOR RENEWABLE ENERGY FACILITY SITING PERMIT" SHALL MEAN THE
SITING PERMIT ISSUED TO A MAJOR RENEWABLE ENERGY FACILITY BY THE EXECU-
TIVE DIRECTOR PURSUANT TO THIS ARTICLE, AND THE RULES AND REGULATIONS
PROMULGATED BY ORES AND THE DEPARTMENT AND APPROVED BY THE COMMISSION.
13. "MAJOR ELECTRIC TRANSMISSION FACILITY SITING PERMIT" SHALL MEAN
THE SITING PERMIT ISSUED TO A MAJOR ELECTRIC TRANSMISSION FACILITY BY
THE EXECUTIVE DIRECTOR PURSUANT TO THIS ARTICLE, AND THE RULES AND REGU-
LATIONS PROMULGATED BY ORES AND THE DEPARTMENT.
§ 138. GENERAL PROVISIONS RELATED TO ESTABLISHING STANDARDS RELATED TO
SITING MAJOR RENEWABLE ENERGY FACILITIES. 1. (A) ORES SHALL BE AUTHOR-
IZED TO ESTABLISH AND AMEND, SUBJECT TO THE APPROVAL OF THE COMMISSION,
A SET OF UNIFORM STANDARDS AND CONDITIONS FOR THE SITING, DESIGN,
CONSTRUCTION AND OPERATION OF EACH TYPE OF MAJOR RENEWABLE ENERGY FACIL-
ITY SUBJECT TO THIS ARTICLE RELEVANT TO ISSUES THAT ARE COMMON FOR
PARTICULAR CLASSES AND CATEGORIES OF MAJOR RENEWABLE ENERGY FACILITIES,
IN CONSULTATION WITH OTHER OFFICES WITHIN THE DEPARTMENT, THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION, THE DEPARTMENT OF AGRICULTURE AND MARKETS, AND
OTHER RELEVANT STATE AGENCIES AND AUTHORITIES WITH SUBJECT MATTER EXPER-
TISE.
S. 8308--C 58 A. 8808--C
(B) THE UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT TO THIS
SUBDIVISION SHALL BE DESIGNED TO AVOID OR MINIMIZE, TO THE MAXIMUM
EXTENT PRACTICABLE, ANY POTENTIAL SIGNIFICANT ADVERSE ENVIRONMENTAL
IMPACTS RELATED TO THE SITING, DESIGN, CONSTRUCTION AND OPERATION OF A
MAJOR RENEWABLE ENERGY FACILITY. SUCH UNIFORM STANDARDS AND CONDITIONS
SHALL APPLY TO THOSE ENVIRONMENTAL IMPACTS ORES DETERMINES ARE COMMON TO
EACH TYPE OF MAJOR RENEWABLE ENERGY FACILITY.
(C) IN ITS REVIEW OF AN APPLICATION FOR A PERMIT TO DEVELOP A MAJOR-
RENEWABLE ENERGY FACILITY, ORES, IN CONSULTATION WITH THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, SHALL IDENTIFY THOSE SITE-SPECIFIC ADVERSE
ENVIRONMENTAL IMPACTS, IF ANY, THAT MAY BE CAUSED OR CONTRIBUTED TO BY A
SPECIFIC PROPOSED MAJOR RENEWABLE ENERGY FACILITY AND ARE UNABLE TO BE
ADDRESSED BY THE UNIFORM STANDARDS AND CONDITIONS. ORES SHALL DRAFT, IN
CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, SITE-
SPECIFIC PERMIT TERMS AND CONDITIONS FOR SUCH IMPACTS, INCLUDING
PROVISIONS FOR THE AVOIDANCE OR MITIGATION THEREOF, TAKING INTO ACCOUNT
THE CLCPA TARGETS AND THE ENVIRONMENTAL BENEFITS OF THE PROPOSED MAJOR
RENEWABLE ENERGY FACILITY; PROVIDED, HOWEVER, THAT ORES SHALL REQUIRE
THAT THE APPLICATION OF UNIFORM STANDARDS AND CONDITIONS AND SITE-SPE-
CIFIC CONDITIONS SHALL ACHIEVE A NET CONSERVATION BENEFIT TO ANY
IMPACTED ENDANGERED AND THREATENED SPECIES.
2. TO THE EXTENT THAT ADVERSE ENVIRONMENTAL IMPACTS ARE NOT COMPLETELY
ADDRESSED BY UNIFORM STANDARDS AND CONDITIONS AND SITE-SPECIFIC MAJOR
RENEWABLE ENERGY FACILITY SITING PERMIT CONDITIONS PROPOSED BY ORES, AND
ORES DETERMINES THAT MITIGATION OF SUCH IMPACTS MAY BE ACHIEVED BY OFF-
SITE MITIGATION, ORES MAY REQUIRE PAYMENT OF A FEE BY THE APPLICANT TO
ACHIEVE SUCH OFF-SITE MITIGATION. IF ORES DETERMINES, IN CONSULTATION
WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THAT MITIGATION OF
IMPACTS TO ENDANGERED OR THREATENED SPECIES THAT ACHIEVES A NET CONSER-
VATION BENEFIT CAN BE ACHIEVED BY OFF-SITE MITIGATION, THE AMOUNT TO BE
PAID FOR SUCH OFF-SITE MITIGATION SHALL BE SET FORTH IN THE FINAL MAJOR
RENEWABLE ENERGY FACILITY SITING PERMIT. ORES MAY REQUIRE PAYMENT OF
FUNDS SUFFICIENT TO IMPLEMENT SUCH OFF-SITE MITIGATION INTO THE ENDAN-
GERED AND THREATENED SPECIES MITIGATION BANK FUND ESTABLISHED PURSUANT
TO SECTION NINETY-NINE-HH OF THE STATE FINANCE LAW.
3. ORES, IN CONSULTATION WITH THE DEPARTMENT, SHALL PROMULGATE RULES
AND REGULATIONS WITH RESPECT TO ALL NECESSARY REQUIREMENTS TO IMPLEMENT
THE SITING PERMIT PROGRAM ESTABLISHED IN THIS ARTICLE AND PROMULGATE
MODIFICATIONS TO SUCH RULES AND REGULATIONS AS IT DEEMS NECESSARY;
PROVIDED THAT ORES SHALL PROMULGATE REGULATIONS REQUIRING THE SERVICE OF
APPLICATIONS ON AFFECTED MUNICIPALITIES AND POLITICAL SUBDIVISIONS
SIMULTANEOUSLY WITH SUBMISSION OF AN APPLICATION. ANY SUCH RULES AND
REGULATIONS, OR ANY AMENDMENTS OR MODIFICATIONS THERETO, SHALL BE
SUBJECT TO THE APPROVAL OF THE PUBLIC SERVICE COMMISSION BEFORE THEY
BECOME EFFECTIVE.
4. THE UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT TO THIS
SECTION SHALL BE DESIGNED TO AVOID, MINIMIZE, OR MITIGATE TO THE MAXIMUM
EXTENT PRACTICABLE, POTENTIAL SIGNIFICANT ADVERSE IMPACTS TO LAND USED
IN AGRICULTURAL PRODUCTION, WITH ADDITIONAL CONSIDERATION FOR LAND WITH-
IN AN AGRICULTURAL DISTRICT OR LAND THAT CONTAINS MINERAL SOIL GROUPS
1-4. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY IN THE CONSID-
ERATION OF ANY PERMITS FOR SITING, DESIGN, CONSTRUCTION, OR OPERATION OF
A MAJOR RENEWABLE ENERGY FACILITY FOR WHICH A COMPLETED APPLICATION HAS
BEEN RECEIVED BY THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC
TRANSMISSIONS PRIOR TO THE ADOPTION OF AMENDED UNIFORM STANDARDS AND
CONDITIONS CONSISTENT WITH THIS SUBDIVISION.
S. 8308--C 59 A. 8808--C
5. THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION
PURSUANT TO SECTION THREE-C OF THIS CHAPTER, IN CONSULTATION WITH THE
DEPARTMENT, SHALL POST, MAINTAIN, AND REGULARLY UPDATE ON ITS WEBSITE A
STATEWIDE MAP WITH THE LOCATION, APPROXIMATE ACREAGE, AND GENERATION
CAPACITY OF EACH APPROVED AND PROPOSED FACILITY PURSUANT TO THIS ARTICLE
OR RENEWABLE ELECTRIC GENERATING FACILITY PURSUANT TO ARTICLE TEN OF
THIS CHAPTER FOR WHICH PERMITTED, COMPLETE, OR INCOMPLETE APPLICATIONS
OR NOTICES OF INTENT HAVE BEEN RECEIVED BY SUCH OFFICE OR THE PUBLIC
SERVICE COMMISSION. SUCH STATEWIDE MAP MAY INCLUDE ANY ADDITIONAL INFOR-
MATION SUCH OFFICE DEEMS NECESSARY. THE INFORMATION REQUIRED PURSUANT TO
THIS SUBDIVISION SHALL BE UPDATED UPON THE COMPLETION OF EACH NEW OR
UPDATED APPLICATION FOR A PROPOSED FACILITY.
§ 139. GENERAL PROVISIONS RELATED TO ESTABLISHING STANDARDS RELATED TO
SITING MAJOR ELECTRIC TRANSMISSION FACILITIES. 1. (A) WITHIN TWELVE
MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, ORES SHALL, SUBJECT TO THE
APPROVAL OF THE COMMISSION, IN CONSULTATION WITH OTHER OFFICES WITHIN
THE DEPARTMENT, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE DEPARTMENT
OF AGRICULTURE AND MARKETS, AND OTHER AGENCIES WITH SUBJECT MATTER
EXPERTISE, ESTABLISH A SET OF UNIFORM STANDARDS AND CONDITIONS FOR THE
SITING, DESIGN, CONSTRUCTION, AND OPERATION OF MAJOR ELECTRIC TRANS-
MISSION FACILITIES SUBJECT TO THIS ARTICLE RELEVANT TO ISSUES THAT ARE
COMMON TO SUCH PROJECTS. PRIOR TO ADOPTION OF UNIFORM STANDARDS AND
CONDITIONS, THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANS-
MISSIONS SHALL HOLD FOUR PUBLIC HEARINGS IN DIFFERENT REGIONS OF THE
STATE TO SOLICIT COMMENT FROM MUNICIPAL, OR POLITICAL SUBDIVISIONS, AND
THE PUBLIC ON PROPOSED UNIFORM STANDARDS AND CONDITIONS TO AVOID, MINI-
MIZE OR MITIGATE POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS FROM THE
SITING, DESIGN, CONSTRUCTION AND OPERATION OF A MAJOR ELECTRIC TRANS-
MISSION FACILITY.
(B) THE UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT TO THIS
SECTION SHALL BE DESIGNED TO AVOID OR MINIMIZE, TO THE MAXIMUM EXTENT
PRACTICABLE, ANY POTENTIAL SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS
RELATED TO THE SITING, DESIGN, CONSTRUCTION, AND OPERATION OF A MAJOR
ELECTRIC TRANSMISSION FACILITY. SUCH UNIFORM STANDARDS AND CONDITIONS
SHALL APPLY TO THOSE ENVIRONMENTAL IMPACTS ORES DETERMINES ARE COMMON TO
MAJOR ELECTRIC TRANSMISSION FACILITIES.
(C) THE UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT TO THIS
SECTION SHALL BE DESIGNED TO AVOID, MINIMIZE, OR MITIGATE TO THE MAXIMUM
EXTENT PRACTICABLE, POTENTIAL SIGNIFICANT ADVERSE IMPACTS TO LAND USED
IN AGRICULTURAL PRODUCTION, WITH ADDITIONAL CONSIDERATION FOR LAND WITH-
IN AN AGRICULTURAL DISTRICT OR LAND THAT CONTAIN MINERAL SOIL GROUPS 1-4
AS DEFINED BY THE DEPARTMENT OF AGRICULTURE AND MARKETS.
(D) IN ITS REVIEW OF AN APPLICATION FOR A MAJOR ELECTRIC TRANSMISSION
FACILITY SITING PERMIT TO DEVELOP A MAJOR ELECTRIC TRANSMISSION FACILI-
TY, ORES, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION, SHALL IDENTIFY THOSE ADVERSE SITE-SPECIFIC ENVIRONMENTAL IMPACTS,
IF ANY, THAT MAY BE CAUSED OR CONTRIBUTED TO BY A SPECIFIC PROPOSED
MAJOR ELECTRIC TRANSMISSION FACILITY AND ARE UNABLE TO BE ADDRESSED BY
THE UNIFORM STANDARDS AND CONDITIONS. ORES SHALL DRAFT IN CONSULTATION
WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SITE-SPECIFIC MAJOR
ELECTRIC TRANSMISSION FACILITY SITING PERMIT TERMS AND CONDITIONS FOR
SUCH IMPACTS, INCLUDING PROVISIONS FOR THE AVOIDANCE OR MITIGATION THER-
EOF, TAKING INTO ACCOUNT THE CLCPA TARGETS, THE ENVIRONMENTAL BENEFITS
OF, AND PUBLIC NEED FOR THE PROPOSED MAJOR ELECTRIC TRANSMISSION FACILI-
TY; PROVIDED, HOWEVER, THAT ORES SHALL REQUIRE THAT THE APPLICATION OF
S. 8308--C 60 A. 8808--C
UNIFORM STANDARDS AND CONDITIONS AND SITE-SPECIFIC CONDITIONS SHALL
ACHIEVE A NET CONSERVATION BENEFIT TO ANY IMPACTED ENDANGERED AND
THREATENED SPECIES.
(E) UPON THE ESTABLISHMENT OF UNIFORM STANDARDS AND CONDITIONS
REQUIRED BY THIS SECTION AND THE PROMULGATION OF REGULATIONS SPECIFYING
THE CONTENT OF AN APPLICATION FOR A MAJOR ELECTRIC TRANSMISSION FACILITY
SITING PERMIT, AN APPLICATION FOR A MAJOR ELECTRIC TRANSMISSION FACILITY
SITING PERMIT SHALL ONLY BE MADE PURSUANT TO THIS ARTICLE.
2. TO THE EXTENT THAT ADVERSE ENVIRONMENTAL IMPACTS ARE NOT COMPLETELY
ADDRESSED BY UNIFORM STANDARDS AND CONDITIONS AND SITE-SPECIFIC MAJOR
ELECTRIC TRANSMISSION FACILITY SITING PERMIT CONDITIONS PROPOSED BY
ORES, AND ORES DETERMINES THAT MITIGATION OF SUCH IMPACTS MAY BE
ACHIEVED BY OFF-SITE MITIGATION, ORES MAY REQUIRE PAYMENT OF A FEE BY
THE APPLICANT TO ACHIEVE SUCH OFF-SITE MITIGATION. IF ORES DETERMINES,
IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THAT
MITIGATION OF IMPACTS TO ENDANGERED OR THREATENED SPECIES THAT ACHIEVES
A NET CONSERVATION BENEFIT CAN BE ACHIEVED BY OFF-SITE MITIGATION, THE
AMOUNT TO BE PAID FOR SUCH OFF-SITE MITIGATION SHALL BE SET FORTH IN THE
FINAL MAJOR ELECTRIC TRANSMISSION FACILITY SITING PERMIT. ORES MAY
REQUIRE PAYMENT OF FUNDS SUFFICIENT TO IMPLEMENT SUCH OFF-SITE MITI-
GATION INTO THE ENDANGERED AND THREATENED SPECIES MITIGATION BANK FUND
ESTABLISHED PURSUANT TO SECTION NINETY-NINE-HH OF THE STATE FINANCE LAW.
3. ORES SHALL IDENTIFY AND MAKE PUBLIC THE BASIS OF THE PUBLIC NEED
FOR A MAJOR ELECTRIC TRANSMISSION FACILITY IN A WRITTEN FINDING AND
SHALL GRANT PERMITS TO SUCH PROJECTS THAT DEMONSTRATE A QUALIFIED PUBLIC
NEED, SO LONG AS THE ADVERSE ENVIRONMENTAL IMPACTS OF THE FACILITY ARE
IDENTIFIED AND ADDRESSED BY THE UNIFORM STANDARDS AND CONDITIONS PROMUL-
GATED PURSUANT TO THIS ARTICLE AND ANY SITE-SPECIFIC PERMIT CONDITIONS
APPLIED TO THE FACILITY. THE WRITTEN FINDING OF A BASIS OF A PUBLIC
NEED FOR A MAJOR ELECTRIC TRANSMISSION FACILITY SHALL, AT A MINIMUM,
INCLUDE WHETHER THE PROPOSED PROJECT CONFORMS TO PLANS RELATING TO THE
EXPANSION OR UPGRADE OF THE ELECTRIC POWER GRID AND INTERCONNECTED UTIL-
ITY SYSTEMS OR WAS INCLUDED OR CONSIDERED IN THE POWER GRID STUDY
REQUIRED PURSUANT TO SECTION SEVEN OF PART JJJ OF CHAPTER FIFTY-EIGHT OF
THE LAWS OF TWO THOUSAND TWENTY FOR A MAJOR ELECTRIC TRANSMISSION FACIL-
ITY. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE TO THE CONTRA-
RY, ORES SHALL ONLY GRANT MAJOR ELECTRIC TRANSMISSION FACILITY SITING
PERMITS TO SUCH PROJECTS THAT: (I) DEMONSTRATE A QUALIFIED PUBLIC NEED;
(II) ARE IN THE PUBLIC AND RATEPAYER INTEREST; AND (III) IDENTIFY AND
ADDRESS THE ADVERSE ENVIRONMENTAL IMPACTS OF THE FACILITY PURSUANT TO
THE UNIFORM STANDARDS AND CONDITIONS PROMULGATED PURSUANT TO THIS ARTI-
CLE AND ANY SITE-SPECIFIC MAJOR ELECTRIC TRANSMISSION FACILITY SITING
PERMIT CONDITIONS, OR OTHERWISE MITIGATED AS PROVIDED IN THIS ARTICLE.
4. ORES, IN CONSULTATION WITH THE DEPARTMENT, SHALL PROMULGATE RULES
AND REGULATIONS WITH RESPECT TO ALL NECESSARY REQUIREMENTS TO IMPLEMENT
THE SITING PERMIT PROGRAM ESTABLISHED IN THIS ARTICLE AND PROMULGATE
MODIFICATIONS TO SUCH RULES AND REGULATIONS AS IT DEEMS NECESSARY;
PROVIDED THAT ORES SHALL PROMULGATE REGULATIONS REQUIRING THE SERVICE OF
APPLICATIONS ON AFFECTED MUNICIPALITIES AND POLITICAL SUBDIVISIONS
SIMULTANEOUSLY WITH SUBMISSION OF AN APPLICATION. ANY SUCH RULES AND
REGULATIONS, OR ANY AMENDMENTS OR MODIFICATIONS THERETO, SHALL BE
SUBJECT TO THE APPROVAL OF THE COMMISSION BEFORE THEY BECOME EFFECTIVE.
5. THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION
SHALL INCLUDE WITHIN ITS REGULATIONS A FRAMEWORK TO ENSURE POTENTIALLY
AFFECTED STATE- AND FEDERALLY-RECOGNIZED INDIGENOUS NATIONS ARE INFORMED
S. 8308--C 61 A. 8808--C
AND CONSULTED WITH, AS APPROPRIATE, WHEN A FACILITY IS PROPOSED WITHIN
THE ANCESTRAL TERRITORIES OF SUCH NATIONS.
6. AFTER THE EFFECTIVE DATE OF THIS SECTION, ANY PERSON INTENDING TO
CONSTRUCT A MAJOR ELECTRIC TRANSMISSION FACILITY EXCLUDED FROM THIS
SECTION PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FIVE OF SECTION ONE
HUNDRED FORTY-ONE OF THIS ARTICLE MAY ELECT TO BECOME SUBJECT TO THE
PROVISIONS OF THIS SECTION BY FILING AN APPLICATION FOR A SITING
PERMIT PURSUANT TO THE REGULATIONS OF ORES GOVERNING SUCH APPLICATIONS.
§ 140. APPLICABILITY RELATED TO SITING MAJOR RENEWABLE ENERGY FACILI-
TIES. 1. NO PERSON SHALL COMMENCE THE PREPARATION OF A SITE FOR, OR
BEGIN THE CONSTRUCTION OF, A MAJOR RENEWABLE ENERGY FACILITY IN THE
STATE, OR INCREASE THE CAPACITY OF AN EXISTING MAJOR RENEWABLE ENERGY
FACILITY, WITHOUT HAVING FIRST OBTAINED A MAJOR RENEWABLE ENERGY FACILI-
TY SITING PERMIT PURSUANT TO THIS ARTICLE. ANY MAJOR RENEWABLE ENERGY
FACILITY SUBJECT TO THIS ARTICLE WITH RESPECT TO WHICH A SITING PERMIT
IS ISSUED SHALL NOT THEREAFTER BE BUILT, MAINTAINED, OR OPERATED EXCEPT
IN CONFORMITY WITH SUCH MAJOR RENEWABLE ENERGY FACILITY SITING PERMIT
AND ANY TERMS, LIMITATIONS, OR CONDITIONS CONTAINED THEREIN, PROVIDED
THAT NOTHING IN THIS SUBDIVISION SHALL EXEMPT SUCH FACILITY FROM COMPLI-
ANCE WITH FEDERAL LAWS AND REGULATIONS.
2. A MAJOR RENEWABLE ENERGY FACILITY SITING PERMIT ISSUED BY ORES MAY
BE TRANSFERRED OR ASSIGNED, SUBJECT TO THE PRIOR WRITTEN APPROVAL OF THE
OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSIONS, TO A
PERSON THAT AGREES TO COMPLY WITH THE TERMS, LIMITATIONS AND CONDITIONS
CONTAINED IN SUCH MAJOR RENEWABLE ENERGY FACILITY SITING PERMIT.
3. ORES OR A PERMITTEE MAY INITIATE AN AMENDMENT TO A MAJOR RENEWABLE
ENERGY FACILITY SITING PERMIT UNDER THIS SECTION. AN AMENDMENT INITIATED
BY ORES OR A PERMITTEE THAT IS LIKELY TO RESULT IN ANY MATERIAL INCREASE
IN ANY ADVERSE ENVIRONMENTAL IMPACT OR INVOLVES A SUBSTANTIAL CHANGE TO
THE TERMS OR CONDITIONS OF A MAJOR RENEWABLE ENERGY FACILITY SITING
PERMIT SHALL COMPLY WITH THE PUBLIC NOTICE AND HEARING REQUIREMENTS OF
THIS SECTION.
4. ANY HEARINGS OR DISPUTE RESOLUTION PROCEEDINGS INITIATED UNDER THIS
ARTICLE OR PURSUANT TO RULES OR REGULATIONS PROMULGATED PURSUANT TO THIS
SECTION MAY BE CONDUCTED BY THE EXECUTIVE DIRECTOR OF ORES OR ANY PERSON
TO WHOM THE EXECUTIVE DIRECTOR SHALL DELEGATE THE POWER AND AUTHORITY TO
CONDUCT SUCH HEARINGS OR PROCEEDINGS IN THE NAME OF ORES AT ANY TIME AND
PLACE.
5. THIS SECTION SHALL NOT APPLY:
(A) TO NORMAL REPAIRS, MAINTENANCE, REPLACEMENTS, NON-MATERIAL MODIFI-
CATIONS AND IMPROVEMENTS OF A MAJOR RENEWABLE ENERGY FACILITY SUBJECT TO
THIS ARTICLE, WHENEVER BUILT, WHICH ARE PERFORMED IN THE ORDINARY COURSE
OF BUSINESS AND WHICH DO NOT CONSTITUTE A VIOLATION OF ANY APPLICABLE
EXISTING PERMIT; AND
(B) TO A MAJOR RENEWABLE ENERGY FACILITY IF, ON OR BEFORE THE EFFEC-
TIVE DATE OF THIS ARTICLE, AN APPLICATION HAS BEEN MADE OR GRANTED FOR A
LICENSE, PERMIT, CERTIFICATE, CONSENT OR APPROVAL FROM ANY FEDERAL,
STATE OR LOCAL COMMISSION, AGENCY, BOARD OR REGULATORY BODY.
§ 141. APPLICABILITY RELATED TO SITING MAJOR ELECTRIC TRANSMISSION
FACILITIES. 1. EXCEPT AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION FIVE
OF THIS SECTION, NO PERSON SHALL COMMENCE THE PREPARATION OF A SITE FOR,
OR BEGIN THE CONSTRUCTION OF, A MAJOR ELECTRIC TRANSMISSION FACILITY IN
THE STATE WITHOUT HAVING FIRST OBTAINED A SITING PERMIT PURSUANT TO THIS
ARTICLE. ANY MAJOR ELECTRIC TRANSMISSION FACILITY SUBJECT TO THIS ARTI-
CLE WITH RESPECT TO WHICH A SITING PERMIT IS ISSUED SHALL NOT THEREAFTER
BE BUILT, MAINTAINED, OR OPERATED EXCEPT IN CONFORMITY WITH SUCH SITING
S. 8308--C 62 A. 8808--C
PERMIT AND ANY TERMS, LIMITATIONS, OR CONDITIONS CONTAINED THEREIN,
PROVIDED THAT NOTHING IN THIS SUBDIVISION SHALL EXEMPT SUCH FACILITY
FROM COMPLIANCE WITH FEDERAL LAWS AND REGULATIONS.
2. A MAJOR ELECTRIC TRANSMISSION FACILITY SITING PERMIT ISSUED BY ORES
MAY BE TRANSFERRED OR ASSIGNED, SUBJECT TO THE PRIOR WRITTEN APPROVAL OF
THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSIONS, TO A
PERSON THAT AGREES TO COMPLY WITH THE TERMS, LIMITATIONS AND CONDITIONS
CONTAINED IN SUCH SITING MAJOR ELECTRIC TRANSMISSION FACILITY PERMIT.
3. ORES OR A PERMITTEE MAY INITIATE AN AMENDMENT TO A MAJOR ELECTRIC
TRANSMISSION FACILITY SITING PERMIT UNDER THIS SECTION. AN AMENDMENT
INITIATED BY ORES OR A PERMITTEE THAT IS LIKELY TO RESULT IN ANY MATERI-
AL INCREASE IN ANY ADVERSE ENVIRONMENTAL IMPACT OR INVOLVES A SUBSTAN-
TIAL CHANGE TO THE TERMS OR CONDITIONS OF A MAJOR ELECTRIC TRANSMISSION
FACILITY SITING PERMIT SHALL COMPLY WITH THE PUBLIC NOTICE AND HEARING
REQUIREMENTS OF THIS SECTION.
4. ANY HEARINGS OR DISPUTE RESOLUTION PROCEEDINGS INITIATED UNDER THIS
ARTICLE OR PURSUANT TO RULES OR REGULATIONS PROMULGATED PURSUANT TO THIS
SECTION MAY BE CONDUCTED BY THE EXECUTIVE DIRECTOR OF ORES OR ANY PERSON
TO WHOM THE EXECUTIVE DIRECTOR SHALL DELEGATE THE POWER AND AUTHORITY TO
CONDUCT SUCH HEARINGS OR PROCEEDINGS IN THE NAME OF ORES AT ANY TIME AND
PLACE.
5. THIS SECTION SHALL NOT APPLY:
(A) TO ANY MAJOR ELECTRIC TRANSMISSION FACILITY OVER WHICH ANY AGENCY
OR DEPARTMENT OF THE FEDERAL GOVERNMENT HAS EXCLUSIVE JURISDICTION, OR
HAS JURISDICTION CONCURRENT WITH THAT OF THE STATE AND HAS EXERCISED
SUCH JURISDICTION, TO THE EXCLUSION OF REGULATION OF THE FACILITY BY THE
STATE; PROVIDED, HOWEVER, THAT NOTHING HEREIN SHALL BE CONSTRUED TO
EXPAND FEDERAL JURISDICTION;
(B) TO NORMAL REPAIRS, MAINTENANCE, REPLACEMENTS, NON-MATERIAL MODIFI-
CATIONS AND IMPROVEMENTS OF A MAJOR ELECTRIC TRANSMISSION FACILITY
SUBJECT TO THIS ARTICLE, WHENEVER BUILT, WHICH ARE PERFORMED IN THE
ORDINARY COURSE OF BUSINESS AND WHICH DO NOT CONSTITUTE A VIOLATION OF
ANY APPLICABLE EXISTING PERMIT; AND
(C) TO A MAJOR ELECTRIC TRANSMISSION FACILITY FOR WHICH AN APPLICATION
PURSUANT TO ARTICLE VII OF THIS CHAPTER AND ITS IMPLEMENTING REGULATIONS
IS SUBMITTED ON OR BEFORE THE ESTABLISHMENT OF THE UNIFORM STANDARDS AND
CONDITIONS REQUIRED PURSUANT TO SUBDIVISION ONE OF SECTION ONE HUNDRED
FORTY-ONE OF THIS ARTICLE.
6. AFTER THE EFFECTIVE DATE OF THIS SECTION, ANY PERSON INTENDING TO
CONSTRUCT A MAJOR ELECTRIC TRANSMISSION FACILITY EXCLUDED FROM THIS
SECTION PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FIVE OF THIS SECTION
MAY ELECT TO BECOME SUBJECT TO THE PROVISIONS OF THIS SECTION BY FILING
AN APPLICATION FOR A MAJOR ELECTRIC TRANSMISSION FACILITY SITING PERMIT
PURSUANT TO THE REGULATIONS OF ORES GOVERNING SUCH APPLICATIONS.
§ 142. APPLICATION, NOTICE, AND REVIEW RELATING TO MAJOR RENEWABLE
ENERGY FACILITY SITING. 1. NOTWITHSTANDING ANY LAW TO THE CONTRARY,
ORES SHALL, WITHIN SIXTY DAYS OF ITS RECEIPT OF AN APPLICATION FOR A
SITING PERMIT WITH RESPECT TO A MAJOR RENEWABLE ENERGY FACILITY SUBJECT
TO THIS ARTICLE DETERMINE WHETHER THE APPLICATION IS COMPLETE AND NOTIFY
THE APPLICANT OF ITS DETERMINATION. IF ORES DOES NOT DEEM THE APPLICA-
TION COMPLETE, ORES SHALL SET FORTH IN WRITING DELIVERED TO THE APPLI-
CANT THE REASONS WHY IT HAS DETERMINED THE APPLICATION TO BE INCOMPLETE.
IF ORES FAILS TO MAKE A DETERMINATION WITHIN THE FOREGOING SIXTY-DAY
TIME PERIOD, THE APPLICATION SHALL BE DEEMED COMPLETE; PROVIDED, HOWEV-
ER, THAT THE APPLICANT MAY CONSENT TO AN EXTENSION OF THE SIXTY-DAY TIME
PERIOD FOR DETERMINING APPLICATION COMPLETENESS. PROVIDED, FURTHER,
S. 8308--C 63 A. 8808--C
THAT NO APPLICATION MAY BE COMPLETE WITHOUT PROOF OF CONSULTATION WITH
THE MUNICIPALITY OR POLITICAL SUBDIVISION WHERE THE PROJECT IS PROPOSED
TO BE LOCATED, OR AN AGENCY THEREOF, PRIOR TO SUBMISSION OF AN APPLICA-
TION TO ORES, RELATED TO PROCEDURAL AND SUBSTANTIVE REQUIREMENTS OF
LOCAL LAW.
2. NO LATER THAN SIXTY DAYS FOLLOWING THE DATE UPON WHICH AN APPLICA-
TION HAS BEEN DEEMED COMPLETE, AND FOLLOWING CONSULTATION WITH ANY RELE-
VANT STATE AGENCY OR AUTHORITY, ORES SHALL PUBLISH FOR PUBLIC COMMENT
DRAFT PERMIT CONDITIONS PREPARED BY THE OFFICE, WHICH COMMENT PERIOD
SHALL BE FOR A MINIMUM OF SIXTY DAYS FROM PUBLIC NOTICE THEREOF, OR
NOTICE OF INTENT TO DENY WITH REASONS THEREOF. SUCH PUBLIC NOTICE SHALL
INCLUDE, BUT SHALL NOT BE LIMITED TO: (I) WRITTEN NOTICE TO THE MUNICI-
PALITIES OR POLITICAL SUBDIVISIONS IN WHICH SUCH PROJECT IS PROPOSED TO
BE LOCATED; (II) PUBLICATION IN A NEWSPAPER OR IN ELECTRONIC FORM,
HAVING GENERAL CIRCULATION IN SUCH MUNICIPALITIES OR POLITICAL SUBDIVI-
SIONS; (III) POSTING THE NOTICE ON THE OFFICE OF RENEWABLE ENERGY SITING
AND ELECTRIC TRANSMISSIONS AND THE DEPARTMENT'S WEBSITE; AND (IV) WRIT-
TEN NOTICE TO EACH MEMBER OF THE LEGISLATURE THROUGH WHOSE DISTRICT THE
FACILITY PROPOSED IN THE APPLICATION WOULD BE LOCATED.
3. FOR ANY MUNICIPALITY, POLITICAL SUBDIVISION OR AN AGENCY THEREOF
THAT HAS RECEIVED NOTICE OF THE FILING OF AN APPLICATION, PURSUANT TO
REGULATIONS PROMULGATED IN ACCORDANCE WITH THIS ARTICLE, THE MUNICI-
PALITY OR POLITICAL SUBDIVISION OR AGENCY THEREOF SHALL WITHIN THE TIME-
FRAMES ESTABLISHED BY THIS SUBDIVISION SUBMIT A STATEMENT TO ORES INDI-
CATING WHETHER THE PROPOSED PROJECT IS DESIGNED TO BE SITED, CONSTRUCTED
AND OPERATED IN COMPLIANCE WITH APPLICABLE LOCAL LAWS AND REGULATIONS,
IF ANY, CONCERNING THE ENVIRONMENT, OR PUBLIC HEALTH AND SAFETY. IN THE
EVENT THAT A MUNICIPALITY, POLITICAL SUBDIVISION OR AN AGENCY THEREOF
SUBMITS A STATEMENT TO ORES THAT THE PROPOSED PROJECT IS NOT DESIGNED TO
BE SITED, CONSTRUCTED OR OPERATED IN COMPLIANCE WITH LOCAL LAWS AND
REGULATIONS AND ORES DETERMINES NOT TO HOLD AN ADJUDICATORY HEARING ON
THE APPLICATION, ORES SHALL HOLD A NON-ADJUDICATORY PUBLIC HEARING IN OR
NEAR ONE OR MORE OF THE AFFECTED MUNICIPALITIES OR POLITICAL SUBDIVI-
SIONS. IN ANY SUCH ADJUDICATORY HEARING, ORES OR THE DEPARTMENT, SHALL
DESIGNATE MEMBERS OF ITS STAFF TO REPRESENT THE PUBLIC INTEREST, INCLUD-
ING WITH RESPECT TO THE APPLICATION OF LOCAL AND STATE LAWS.
4. IF PUBLIC COMMENTS ON A DRAFT PERMIT CONDITION PUBLISHED BY ORES
PURSUANT TO THIS SECTION, INCLUDING COMMENTS PROVIDED BY A MUNICIPALITY
OR POLITICAL SUBDIVISION OR AGENCY THEREOF, LANDOWNERS, OR MEMBERS OF
THE PUBLIC, RAISE A SUBSTANTIVE AND SIGNIFICANT ISSUE, AS DEFINED IN
REGULATIONS ADOPTED PURSUANT TO THIS ARTICLE, THAT REQUIRES ADJUDI-
CATION, ORES SHALL PROMPTLY FIX A DATE FOR AN ADJUDICATORY HEARING TO
HEAR ARGUMENTS AND CONSIDER EVIDENCE WITH RESPECT THERETO.
5. FOLLOWING THE EXPIRATION OF THE PUBLIC COMMENT PERIOD SET FORTH IN
THIS SECTION, AND FOLLOWING THE CONCLUSION OF A HEARING UNDERTAKEN
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, ORES SHALL, IN THE CASE OF
A PUBLIC COMMENT PERIOD, ISSUE A WRITTEN SUMMARY OF PUBLIC COMMENTS AND
AN ASSESSMENT OF COMMENTS RECEIVED, AND IN THE CASE OF AN ADJUDICATORY
HEARING, THE EXECUTIVE DIRECTOR OR ANY PERSON TO WHOM THE EXECUTIVE
DIRECTOR HAS DELEGATED SUCH AUTHORITY SHALL ISSUE A FINAL WRITTEN HEAR-
ING REPORT. A FINAL SITING PERMIT MAY ONLY BE ISSUED IF ORES MAKES A
FINDING THAT THE PROPOSED PROJECT, TOGETHER WITH ANY APPLICABLE UNIFORM
AND SITE-SPECIFIC STANDARDS AND CONDITIONS, WOULD COMPLY WITH APPLICABLE
LAWS AND REGULATIONS. IN MAKING A FINAL SITING PERMIT DETERMINATION WITH
RESPECT TO A MAJOR RENEWABLE ENERGY FACILITY, ORES MAY ELECT NOT TO
APPLY, IN WHOLE OR IN PART, ANY LOCAL LAW OR ORDINANCE THAT WOULD OTHER-
S. 8308--C 64 A. 8808--C
WISE BE APPLICABLE IF IT MAKES A FINDING THAT, AS APPLIED TO THE
PROPOSED FACILITY, IT IS UNREASONABLY BURDENSOME IN VIEW OF THE CLCPA
TARGETS, AND THE ENVIRONMENTAL BENEFITS.
6. NOTWITHSTANDING ANY OTHER DEADLINE MADE APPLICABLE BY THIS SECTION,
ORES SHALL MAKE A FINAL DECISION ON A MAJOR RENEWABLE ENERGY FACILITY
SITING PERMIT WITHIN ONE YEAR FROM THE DATE THE APPLICATION WAS DEEMED
COMPLETE, OR WITHIN SIX MONTHS FROM THE DATE THE APPLICATION WAS DEEMED
COMPLETE IF SUCH APPLICATION RELATES TO A MAJOR RENEWABLE ENERGY FACILI-
TY THAT IS PROPOSED TO BE SITED ON AN EXISTING OR ABANDONED COMMERCIAL
USE, INCLUDING WITHOUT LIMITATION, BROWNFIELDS, LANDFILLS, FORMER
COMMERCIAL OR INDUSTRIAL SITES, DORMANT ELECTRIC GENERATING SITES, AND
ABANDONED OR OTHERWISE UNDERUTILIZED SITES, AS FURTHER DEFINED BY THE
REGULATIONS PROMULGATED BY OR IN EFFECT UNDER THIS ARTICLE. UNLESS ORES
AND THE APPLICANT HAVE AGREED TO AN EXTENSION AND IF A FINAL SITING
PERMIT DECISION HAS NOT BEEN MADE BY ORES WITHIN SUCH TIME PERIOD, THEN
SUCH SITING PERMIT SHALL BE DEEMED TO HAVE BEEN AUTOMATICALLY GRANTED
FOR ALL PURPOSES SET FORTH IN THIS ARTICLE AND ALL UNIFORM CONDITIONS OR
SITE SPECIFIC PERMIT CONDITIONS ISSUED FOR PUBLIC COMMENT SHALL CONSTI-
TUTE ENFORCEABLE PROVISIONS OF THE SITING PERMIT; PROVIDED, HOWEVER, ANY
PORTION OF WHICH IS TO BE LOCATED ON THE LAND OF A LANDOWNER FOR WHICH
THE APPLICANT LACKS AN EXISTING RIGHT-OF-WAY AGREEMENT OR VALID AND
ENFORCEABLE LEASE OR EASEMENT FOR USE OF SUCH RELEVANT PROPERTY, NO SUCH
PERMIT SHALL BE AUTOMATICALLY GRANTED. THE FINAL SITING PERMIT RELATED
TO A MAJOR RENEWABLE ENERGY FACILITY SHALL INCLUDE A PROVISION REQUIRING
THE PERMITTEE TO PROVIDE A HOST COMMUNITY BENEFIT, WHICH MAY BE A HOST
COMMUNITY BENEFIT AS DETERMINED BY THE COMMISSION PURSUANT TO SECTION
EIGHT OF PART JJJ OF CHAPTER FIFTY-EIGHT OF THE LAWS OF TWO THOUSAND
TWENTY OR SUCH OTHER PROJECT AS DETERMINED BY ORES OR AS SUBSEQUENTLY
AGREED TO BETWEEN THE APPLICANT AND THE HOST COMMUNITY.
§ 143. APPLICATION, NOTICE, AND REVIEW RELATING TO MAJOR ELECTRIC
TRANSMISSION FACILITY SITING. 1. NOTWITHSTANDING ANY LAW TO THE CONTRA-
RY, ORES SHALL, WITHIN ONE HUNDRED TWENTY DAYS AFTER ITS RECEIPT OF AN
APPLICATION FOR A SITING PERMIT WITH RESPECT TO A MAJOR ELECTRIC TRANS-
MISSION FACILITY, DETERMINE WHETHER THE APPLICATION IS COMPLETE AND
NOTIFY THE APPLICANT OF ITS DETERMINATION. IF ORES DOES NOT DEEM THE
APPLICATION COMPLETE, IT SHALL SET FORTH IN WRITING DELIVERED TO THE
APPLICANT THE REASONS WHY IT HAS DETERMINED THE APPLICATION TO BE INCOM-
PLETE. IF ORES FAILS TO MAKE A DETERMINATION WITHIN THE FOREGOING ONE
HUNDRED TWENTY DAY TIME PERIOD, THE APPLICATION SHALL BE DEEMED
COMPLETE; PROVIDED, HOWEVER, THAT THE APPLICANT MAY CONSENT TO AN EXTEN-
SION OF THE ONE HUNDRED TWENTY DAY TIME PERIOD FOR DETERMINING APPLICA-
TION COMPLETENESS. PROVIDED, FURTHER, THAT NO APPLICATION MAY BE
COMPLETE WITHOUT PROOF OF CONSULTATION WITH THE MUNICIPALITY OR POLI-
TICAL SUBDIVISION WHERE THE PROJECT IS PROPOSED TO BE LOCATED, OR AN
AGENCY THEREOF, PRIOR TO SUBMISSION OF AN APPLICATION TO ORES, RELATED
TO PROCEDURAL AND SUBSTANTIVE REQUIREMENTS OF LOCAL LAW.
2. IN ADDITION TO ADDRESSING UNIFORM STANDARDS AND CONDITIONS, THE
APPLICATION FOR A SITING PERMIT WITH RESPECT TO A MAJOR ELECTRIC TRANS-
MISSION FACILITY SHALL INCLUDE, IN SUCH FORM AS ORES MAY PRESCRIBE, THE
FOLLOWING INFORMATION: (I) THE LOCATION OF THE SITE OR RIGHT-OF-WAY;
(II) A DESCRIPTION OF THE TRANSMISSION FACILITY TO BE BUILT THEREON;
(III) A SUMMARY OF ANY STUDIES WHICH HAVE BEEN MADE OF THE ENVIRONMENTAL
IMPACT OF THE PROJECT, AND A DESCRIPTION OF SUCH STUDIES; (IV) A STATE-
MENT EXPLAINING THE PUBLIC NEED FOR THE FACILITY; (V) COPIES OF ANY
STUDIES OF THE ELECTRICAL PERFORMANCE AND SYSTEM IMPACTS OF THE FACILITY
PERFORMED BY THE STATE GRID OPERATOR PURSUANT TO ITS TARIFF; (VI) SUCH
S. 8308--C 65 A. 8808--C
OTHER INFORMATION AS THE APPLICANT MAY CONSIDER RELEVANT OR ORES MAY BY
REGULATION REQUIRE; AND (VII) A DESCRIPTION OF ANY REASONABLE ALTERNA-
TIVE LOCATION OR LOCATIONS FOR THE PROPOSED FACILITY, A DESCRIPTION OF
THE COMPARATIVE MERITS AND DETRIMENTS OF EACH LOCATION SUBMITTED, AND A
STATEMENT OF THE REASONS WHY THE PRIMARY PROPOSED LOCATION IS BEST SUIT-
ED FOR THE FACILITY.
3. TO THE GREATEST EXTENT PRACTICABLE, EACH LANDOWNER OF LAND ON WHICH
ANY PORTION OF SUCH PROPOSED FACILITY IS TO BE LOCATED SHALL BE SERVED
BY FIRST CLASS MAIL WITH A NOTICE THAT SUCH LANDOWNER'S PROPERTY MAY BE
IMPACTED BY A PROJECT AND AN EXPLANATION OF HOW TO FILE WITH ORES A
NOTICE OF INTENT TO BE A PARTY IN THE PERMIT APPLICATION PROCEEDINGS AND
THE TIMEFRAME FOR FILING SUCH APPLICATION.
4. NO LATER THAN SIXTY DAYS FOLLOWING THE DATE UPON WHICH AN APPLICA-
TION HAS BEEN DEEMED COMPLETE, AND FOLLOWING CONSULTATION WITH ANY RELE-
VANT STATE AGENCY OR AUTHORITY, ORES SHALL PUBLISH FOR PUBLIC COMMENT
DRAFT PERMIT CONDITIONS PREPARED BY THE OFFICE OF RENEWABLE ENERGY
SITING AND ELECTRIC TRANSMISSIONS, WHICH COMMENT PERIOD SHALL BE FOR A
MINIMUM OF SIXTY DAYS FROM PUBLIC NOTICE THEREOF. SUCH PUBLIC NOTICE
SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO: (I) WRITTEN NOTICE TO THE
MUNICIPALITIES AND POLITICAL SUBDIVISIONS, IN WHICH THE MAJOR ELECTRIC
UTILITY TRANSMISSION IS PROPOSED TO BE LOCATED AND TO LANDOWNERS NOTI-
FIED OF THE APPLICATION PURSUANT TO SUBDIVISION THREE OF THIS SECTION;
(II) PUBLICATION IN A NEWSPAPER OR IN ELECTRONIC FORM, HAVING GENERAL
CIRCULATION IN SUCH MUNICIPALITIES OR POLITICAL SUBDIVISIONS; (III)
POSTING ON THE OFFICE'S AND THE DEPARTMENT'S WEBSITE; AND (IV) WRITTEN
NOTICE TO EACH MEMBER OF THE LEGISLATURE THROUGH WHOSE DISTRICT THE
FACILITY OR ANY ALTERNATE PROPOSED IN THE APPLICATION WOULD PASS AND IN
THE EVENT THAT SUCH FACILITY OR ANY PORTION THEREOF IS LOCATED WITHIN
THE ADIRONDACK PARK OR TUG HILL, THE ADIRONDACK PARK AGENCY AND TUG HILL
COMMISSION RESPECTIVELY.
5. FOR ANY MUNICIPALITY, POLITICAL SUBDIVISION OR AN AGENCY THEREOF
THAT HAS RECEIVED NOTICE OF THE FILING OF AN APPLICATION, PURSUANT TO
REGULATIONS PROMULGATED IN ACCORDANCE WITH THIS SECTION OR OTHERWISE IN
EFFECT ON THE EFFECTIVE DATE OF THIS ARTICLE, THE MUNICIPALITY OR POLI-
TICAL SUBDIVISION OR AGENCY THEREOF SHALL WITHIN THE TIMEFRAMES ESTAB-
LISHED BY THIS ACT SUBMIT A STATEMENT TO ORES INDICATING WHETHER THE
PROPOSED FACILITY IS DESIGNED TO BE SITED, CONSTRUCTED AND OPERATED IN
COMPLIANCE WITH APPLICABLE LOCAL LAWS AND REGULATIONS, IF ANY, CONCERN-
ING THE ENVIRONMENT, OR PUBLIC HEALTH AND SAFETY. IN THE EVENT THAT A
MUNICIPALITY, POLITICAL SUBDIVISION OR AN AGENCY THEREOF SUBMITS A
STATEMENT TO ORES THAT THE PROPOSED FACILITY IS NOT DESIGNED TO BE
SITED, CONSTRUCTED OR OPERATED IN COMPLIANCE WITH LOCAL LAWS AND REGU-
LATIONS AND ORES DETERMINES NOT TO HOLD AN ADJUDICATORY HEARING ON THE
APPLICATION, ORES SHALL HOLD A NON-ADJUDICATORY PUBLIC HEARING IN THE
AFFECTED MUNICIPALITY OR POLITICAL SUBDIVISION.
6. IF PUBLIC COMMENTS ON A DRAFT PERMIT CONDITION PUBLISHED BY ORES
PURSUANT TO THIS SECTION, INCLUDING COMMENTS PROVIDED BY A MUNICIPALITY
OR POLITICAL SUBDIVISION OR AGENCY THEREOF, LANDOWNERS, OR MEMBERS OF
THE PUBLIC, RAISE A SUBSTANTIVE AND SIGNIFICANT ISSUE, AS DEFINED IN
REGULATIONS ADOPTED PURSUANT TO THIS ARTICLE, THAT REQUIRES ADJUDI-
CATION, ORES SHALL PROMPTLY FIX A DATE FOR AN ADJUDICATORY HEARING TO
HEAR ARGUMENTS AND CONSIDER EVIDENCE WITH RESPECT THERETO; PROVIDED,
HOWEVER, THAT WITH RESPECT TO AN APPLICATION FOR A SITING PERMIT FOR A
MAJOR ELECTRIC TRANSMISSION FACILITY, ANY PORTION OF WHICH IS TO BE
LOCATED ON THE LAND OF A LANDOWNER FOR WHICH THE APPLICANT LACKS A
RIGHT-OF-WAY AGREEMENT, ORES SHALL PROVIDE SUCH LANDOWNER WITH AN OPPOR-
S. 8308--C 66 A. 8808--C
TUNITY TO CHALLENGE THE EXPLANATION FOR THE PUBLIC NEED GIVEN IN SUCH
APPLICATION. IN ANY SUCH ADJUDICATORY HEARING, ORES OR THE DEPARTMENT,
SHALL DESIGNATE MEMBERS OF ITS STAFF TO REPRESENT THE PUBLIC INTEREST,
INCLUDING WITH RESPECT TO THE APPLICATION OF LOCAL AND STATE LAWS.
7. FOLLOWING THE EXPIRATION OF THE PUBLIC COMMENT PERIOD SET FORTH IN
THIS SECTION, AND FOLLOWING THE CONCLUSION OF A HEARING UNDERTAKEN
PURSUANT TO SUBDIVISION SIX OF THIS SECTION, ORES SHALL, IN THE CASE OF
A PUBLIC COMMENT PERIOD, ISSUE A WRITTEN SUMMARY OF PUBLIC COMMENTS AND
AN ASSESSMENT OF COMMENTS RECEIVED, AND IN THE CASE OF AN ADJUDICATORY
HEARING, THE EXECUTIVE OFFICER OR ANY PERSON TO WHOM THE EXECUTIVE
DIRECTOR HAS DELEGATED SUCH AUTHORITY SHALL ISSUE A FINAL WRITTEN HEAR-
ING REPORT. A FINAL SITING PERMIT MAY ONLY BE ISSUED IF ORES MAKES A
FINDING THAT THE PROPOSED PROJECT, TOGETHER WITH ANY APPLICABLE UNIFORM
AND SITE-SPECIFIC STANDARDS AND CONDITIONS, WOULD COMPLY WITH APPLICABLE
LAWS AND REGULATIONS. IN MAKING A FINAL SITING PERMIT DETERMINATION WITH
RESPECT TO A MAJOR RENEWABLE ENERGY FACILITY OR A MAJOR ELECTRIC TRANS-
MISSION FACILITY, ORES MAY ELECT NOT TO APPLY, IN WHOLE OR IN PART, ANY
LOCAL LAW OR ORDINANCE THAT WOULD OTHERWISE BE APPLICABLE IF IT MAKES A
FINDING THAT, AS APPLIED TO THE PROPOSED FACILITY, IT IS UNREASONABLY
BURDENSOME IN VIEW OF THE CLCPA TARGETS, THE ENVIRONMENTAL BENEFITS, AND
IN THE CASE OF A TRANSMISSION FACILITY, THE PUBLIC NEED FOR THE PROPOSED
PROJECT.
8. NOTWITHSTANDING ANY OTHER DEADLINE MADE APPLICABLE BY THIS SECTION,
ORES SHALL MAKE A FINAL DECISION ON A SITING PERMIT WITHIN ONE YEAR FROM
THE DATE THE APPLICATION WAS DEEMED COMPLETE. UNLESS ORES AND THE
APPLICANT HAVE AGREED TO AN EXTENSION AND IF A FINAL SITING PERMIT DECI-
SION HAS NOT BEEN MADE BY ORES WITHIN SUCH TIME PERIOD, THEN SUCH SITING
PERMIT SHALL BE DEEMED TO HAVE BEEN AUTOMATICALLY GRANTED FOR ALL
PURPOSES SET FORTH IN THIS ARTICLE AND ALL UNIFORM CONDITIONS OR SITE
SPECIFIC PERMIT CONDITIONS ISSUED FOR PUBLIC COMMENT SHALL CONSTITUTE
ENFORCEABLE PROVISIONS OF THE SITING PERMIT; PROVIDED, HOWEVER, THAT
WITH RESPECT TO A FINAL SITING PERMIT DECISION RELATED TO A MAJOR ELEC-
TRIC TRANSMISSION FACILITY, ANY PORTION OF WHICH IS TO BE LOCATED ON THE
LAND OF A LANDOWNER FOR WHICH THE APPLICANT LACKS AN EXISTING RIGHT-OF-
WAY AGREEMENT AND IN WHICH ORES HAS NOT MADE A PUBLIC NEED DETERMI-
NATION, NO SUCH PERMIT SHALL BE AUTOMATICALLY GRANTED.
9. FOR A MAJOR ELECTRIC TRANSMISSION FACILITY THAT WOULD BE
CONSTRUCTED SUBSTANTIALLY WITHIN EXISTING RIGHTS-OF-WAY THAT POSSESS
EXISTING MAJOR ELECTRIC TRANSMISSION INFRASTRUCTURE, THE OFFICE OF
RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION MAY INCLUDE WITHIN
ITS REGULATIONS A FRAMEWORK THAT RELIEVES CERTAIN REQUIREMENTS OF THIS
ARTICLE, PROVIDED THAT SUCH RELIEF IS REASONABLE AND DOES NOT IMPAIR ANY
RIGHTS OF MUNICIPALITIES ESTABLISHED UNDER THIS ARTICLE OR LIMIT
REQUIREMENTS RELATING TO PUBLIC NOTICE OR THE FINDING OF PUBLIC NEED.
§ 144. POWERS OF MUNICIPALITIES AND STATE AGENCIES AND AUTHORITIES. 1.
APPLICANTS SHALL, PRIOR TO FILING AN APPLICATION, CONDUCT MEETINGS WITH
THE RESPECTIVE CHIEF EXECUTIVE OFFICER OF ALL MUNICIPALITIES IN WHICH
THE PROPOSED MAJOR RENEWABLE GENERATION FACILITY OR MAJOR ELECTRIC TRAN-
SMISSION FACILITY WILL BE LOCATED. THE APPLICANT SHALL PROVIDE AS PART
OF THE APPLICATION PRESENTATION MATERIALS AND A SUMMARY OF QUESTIONS
RAISED, AND RESPONSES PROVIDED DURING SUCH MEETINGS WITH MUNICIPALITIES.
IN THE EVENT THE APPLICANT IS UNABLE TO SECURE A MEETING WITH A RELEVANT
MUNICIPALITY THE APPLICATION SHALL CONTAIN A DETAILED EXPLANATION OF ALL
OF THE APPLICANT'S BEST EFFORTS AND REASONABLE ATTEMPTS TO SECURE SUCH
MEETING, INCLUDING, BUT NOT LIMITED TO, WRITTEN COMMUNICATIONS BETWEEN
THE APPLICANT AND THE MUNICIPALITY.
S. 8308--C 67 A. 8808--C
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING WITHOUT LIMI-
TATION ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ARTICLE
VII OF THIS CHAPTER, NO OTHER STATE AGENCY, DEPARTMENT OR AUTHORITY, OR
ANY MUNICIPALITY OR POLITICAL SUBDIVISION OR ANY AGENCY THEREOF MAY,
EXCEPT AS EXPRESSLY AUTHORIZED UNDER THIS ARTICLE OR THE RULES AND REGU-
LATIONS PROMULGATED UNDER THIS ARTICLE, REQUIRE ANY APPROVAL, CONSENT,
PERMIT, CERTIFICATE, CONTRACT, AGREEMENT, OR OTHER CONDITION FOR THE
DEVELOPMENT, DESIGN, CONSTRUCTION, OPERATION, OR DECOMMISSIONING OF A
MAJOR RENEWABLE ENERGY FACILITY OR A MAJOR ELECTRIC TRANSMISSION FACILI-
TY WITH RESPECT TO WHICH AN APPLICATION FOR A SITING PERMIT HAS BEEN
FILED, PROVIDED IN THE CASE OF A MUNICIPALITY, POLITICAL SUBDIVISION OR
AN AGENCY THEREOF, SUCH ENTITY HAS RECEIVED NOTICE OF THE FILING OF THE
APPLICATION THEREFOR. NOTWITHSTANDING THE FOREGOING, THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION SHALL BE THE PERMITTING AGENCY FOR PERMITS
ISSUED PURSUANT TO FEDERALLY DELEGATED OR FEDERALLY APPROVED PROGRAMS.
3. THIS SECTION SHALL NOT IMPAIR OR ABROGATE ANY FEDERAL, STATE OR
LOCAL LABOR LAWS OR ANY OTHERWISE APPLICABLE STATE LAW FOR THE
PROTECTION OF EMPLOYEES ENGAGED IN THE CONSTRUCTION AND OPERATION OF A
MAJOR RENEWABLE ENERGY FACILITY OR MAJOR ELECTRIC TRANSMISSION FACILITY.
4. ORES AND THE DEPARTMENT SHALL MONITOR, ENFORCE AND ADMINISTER
COMPLIANCE WITH ANY TERMS AND CONDITIONS SET FORTH IN A SITING PERMIT
ISSUED PURSUANT TO THIS ARTICLE AND IN DOING SO MAY USE AND RELY ON
AUTHORITY OTHERWISE AVAILABLE UNDER THIS CHAPTER.
§ 145. FEES; LOCAL AGENCY ACCOUNT. 1. EACH APPLICATION FOR A SITING
PERMIT SHALL BE ACCOMPANIED BY A FEE IN AN AMOUNT EQUAL TO THE FOLLOW-
ING:
(A) FOR A MAJOR RENEWABLE ENERGY FACILITY, ONE THOUSAND DOLLARS FOR
EACH THOUSAND KILOWATTS OF CAPACITY OF THE PROPOSED MAJOR RENEWABLE
ENERGY FACILITY;
(B) FOR A MAJOR ELECTRIC TRANSMISSION FACILITY OF ONE HUNDRED TWENTY-
FIVE KILOVOLTS OR MORE EXTENDING A DISTANCE OF OVER ONE HUNDRED MILES,
FOUR HUNDRED FIFTY THOUSAND DOLLARS;
(C) FOR A MAJOR ELECTRIC TRANSMISSION FACILITY OF ONE HUNDRED TWENTY-
FIVE KILOVOLTS OR MORE EXTENDING A DISTANCE OF OVER FIFTY MILES TO ONE
HUNDRED MILES, THREE HUNDRED FIFTY THOUSAND DOLLARS;
(D) FOR A MAJOR ELECTRIC TRANSMISSION FACILITY REQUIRING A NEW RIGHT-
OF-WAY AND ONE HUNDRED TWENTY-FIVE KILOVOLTS OR MORE EXTENDING A
DISTANCE OF TEN MILES TO FIFTY MILES, ONE HUNDRED THOUSAND DOLLARS; AND
(E) FOR A MAJOR ELECTRIC TRANSMISSION FACILITY UTILIZING AN EXISTING
RIGHT-OF-WAY AND ONE HUNDRED TWENTY-FIVE KILOVOLTS OR MORE EXTENDING A
DISTANCE OF TEN MILES TO FIFTY MILES, FIFTY THOUSAND DOLLARS.
2. SUCH FEE IS TO BE DEPOSITED IN AN ACCOUNT TO BE KNOWN AS THE LOCAL
AGENCY ACCOUNT ESTABLISHED BY SUBDIVISION SEVEN OF FORMER SECTION NINE-
TY-FOUR-C OF THE EXECUTIVE LAW FOR THE BENEFIT OF LOCAL AGENCIES AND
COMMUNITY INTERVENORS BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY AND MAINTAINED IN A SEGREGATED ACCOUNT IN THE CUSTODY OF
THE COMMISSIONER OF TAXATION AND FINANCE. ORES, IN CONSULTATION WITH THE
DEPARTMENT, MAY UPDATE THE FEE PERIODICALLY SOLELY TO ACCOUNT FOR
INFLATION. THE PROCEEDS OF SUCH ACCOUNT SHALL BE DISBURSED BY THE OFFICE
OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSIONS, IN ACCORDANCE
WITH ELIGIBILITY AND PROCEDURES ESTABLISHED BY THE RULES AND REGULATIONS
PROMULGATED BY ORES OR THE DEPARTMENT PURSUANT TO THIS ARTICLE OR IN
EFFECT AS OF THE EFFECTIVE DATE OF THIS ARTICLE, FOR THE PARTICIPATION
OF LOCAL AGENCIES AND COMMUNITY INTERVENORS IN PUBLIC COMMENT PERIODS OR
HEARING PROCEDURES ESTABLISHED BY THIS ARTICLE, INCLUDING THE RULES AND
REGULATIONS PROMULGATED HERETO; PROVIDED THAT FEES MUST BE DISBURSED FOR
S. 8308--C 68 A. 8808--C
MUNICIPALITIES, POLITICAL SUBDIVISIONS OR AN AGENCY THEREOF, TO DETER-
MINE WHETHER A PROPOSED PROJECT IS DESIGNED TO BE SITED, CONSTRUCTED AND
OPERATED IN COMPLIANCE WITH THE APPLICABLE LOCAL LAWS AND REGULATIONS.
3. ALL FUNDS SO HELD BY THE NEW YORK STATE ENERGY RESEARCH AND DEVEL-
OPMENT AUTHORITY SHALL BE SUBJECT TO AN ANNUAL INDEPENDENT AUDIT AS PART
OF SUCH AUTHORITY'S AUDITED FINANCIAL STATEMENTS, AND SUCH AUTHORITY
SHALL PREPARE AN ANNUAL REPORT SUMMARIZING ACCOUNT BALANCES AND ACTIV-
ITIES FOR EACH FISCAL YEAR ENDING MARCH THIRTY-FIRST AND PROVIDE SUCH
REPORT TO THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANS-
MISSIONS NO LATER THAN NINETY DAYS AFTER COMMENCEMENT OF SUCH FISCAL
YEAR AND POST ON THE AUTHORITY'S WEBSITE.
4. TO THE EXTENT AN APPLICANT SUBMITTED INTERVENOR FUNDS PURSUANT TO
ARTICLE VII OR X OF THIS CHAPTER AND HAS NOW FILED AN APPLICATION FOR A
SITING PERMIT PURSUANT TO THIS ARTICLE, ANY AMOUNTS HELD IN AN INTERVE-
NOR ACCOUNT ESTABLISHED PURSUANT TO ARTICLES VII AND X OF THIS CHAPTER
FOR THAT PROJECT SHALL BE APPLIED TO THE INTERVENOR ACCOUNT ESTABLISHED
BY THIS SECTION.
5. IN ADDITION TO THE FEES ESTABLISHED PURSUANT TO THIS SECTION, ORES
OR THE DEPARTMENT, PURSUANT TO REGULATIONS ADOPTED PURSUANT TO THIS
ARTICLE, MAY ASSESS A FEE ON APPLICANTS FOR THE PURPOSE OF RECOVERING
COSTS INCURRED BY THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC
TRANSMISSIONS; PROVIDED, HOWEVER, THAT PUBLIC UTILITIES THAT ARE SUBJECT
TO SECTION EIGHTEEN-A OF THIS CHAPTER SHALL NOT BE ASSESSED A FEE FOR
SUCH COSTS.
§ 146. JUDICIAL REVIEW. 1. ANY PARTY AGGRIEVED BY THE ISSUANCE OR
DENIAL OF A SITING PERMIT UNDER THIS ARTICLE MAY SEEK JUDICIAL REVIEW OF
SUCH DECISION AS PROVIDED IN THIS SECTION.
2. A JUDICIAL PROCEEDING SHALL BE BROUGHT IN THE THIRD DEPARTMENT OF
THE APPELLATE DIVISION OF THE SUPREME COURT OF THE STATE OF NEW YORK.
SUCH PROCEEDING SHALL BE INITIATED BY THE FILING OF A PETITION IN SUCH
COURT WITHIN NINETY DAYS AFTER THE ISSUANCE OF A FINAL DECISION BY ORES
TOGETHER WITH PROOF OF SERVICE OF A DEMAND ON ORES TO FILE WITH SAID
COURT A COPY OF A WRITTEN TRANSCRIPT OF THE RECORD OF THE PROCEEDING AND
A COPY OF ORES'S DECISION AND OPINION. ORES'S COPY OF SAID TRANSCRIPT,
DECISION AND OPINION, SHALL BE AVAILABLE AT ALL REASONABLE TIMES TO ALL
PARTIES FOR EXAMINATION WITHOUT COST. UPON RECEIPT OF SUCH PETITION AND
DEMAND ORES SHALL FORTHWITH DELIVER TO THE COURT A COPY OF THE RECORD
AND A COPY OF ORES'S DECISION AND OPINION. THEREUPON, THE COURT SHALL
HAVE JURISDICTION OF THE PROCEEDING AND SHALL HAVE THE POWER TO GRANT
SUCH RELIEF AS IT DEEMS JUST AND PROPER, AND TO MAKE AND ENTER AN ORDER
ENFORCING, MODIFYING AND ENFORCING AS SO MODIFIED, REMANDING FOR FURTHER
SPECIFIC EVIDENCE OR FINDINGS OR SETTING ASIDE IN WHOLE OR IN PART SUCH
DECISION. THE APPEAL SHALL BE HEARD ON THE RECORD, WITHOUT REQUIREMENT
OF REPRODUCTION, AND UPON BRIEFS TO THE COURT. THE FINDINGS OF FACT ON
WHICH SUCH DECISION IS BASED SHALL BE CONCLUSIVE IF SUPPORTED BY
SUBSTANTIAL EVIDENCE ON THE RECORD CONSIDERED AS A WHOLE AND MATTERS OF
JUDICIAL NOTICE SET FORTH IN THE OPINION. THE JURISDICTION OF THE APPEL-
LATE DIVISION OF THE SUPREME COURT SHALL BE EXCLUSIVE AND ITS JUDGMENT
AND ORDER SHALL BE FINAL, SUBJECT TO REVIEW BY THE COURT OF APPEALS IN
THE SAME MANNER AND FORM AND WITH THE SAME EFFECT AS PROVIDED FOR
APPEALS IN A SPECIAL PROCEEDING. ALL SUCH PROCEEDINGS SHALL BE HEARD AND
DETERMINED BY THE APPELLATE DIVISION OF THE SUPREME COURT AND BY THE
COURT OF APPEALS AS EXPEDITIOUSLY AS POSSIBLE AND WITH LAWFUL PRECEDENCE
OVER ALL OTHER MATTERS.
3. THE GROUNDS FOR AND SCOPE OF REVIEW OF THE COURT SHALL BE LIMITED
TO WHETHER THE DECISION AND OPINION OF ORES ARE:
S. 8308--C 69 A. 8808--C
(A) IN CONFORMITY WITH THE CONSTITUTION, LAWS AND REGULATIONS OF THE
STATE AND THE UNITED STATES;
(B) SUPPORTED BY SUBSTANTIAL EVIDENCE IN THE RECORD AND MATTERS OF
JUDICIAL NOTICE PROPERLY CONSIDERED AND APPLIED IN THE OPINION;
(C) WITHIN THE STATUTORY JURISDICTION OR AUTHORITY OF ORES AND THE
DEPARTMENT;
(D) MADE IN ACCORDANCE WITH PROCEDURES SET FORTH IN THIS SECTION OR
ESTABLISHED BY RULE OR REGULATION PURSUANT TO THIS ARTICLE;
(E) ARBITRARY, CAPRICIOUS OR AN ABUSE OF DISCRETION; OR
(F) MADE PURSUANT TO A PROCESS THAT AFFORDED MEANINGFUL INVOLVEMENT OF
CITIZENS AFFECTED BY THE FACILITY OR PROJECT REGARDLESS OF AGE, RACE,
COLOR, NATIONAL ORIGIN AND INCOME.
4. EXCEPT AS HEREIN PROVIDED ARTICLE SEVENTY-EIGHT OF THE CIVIL PRAC-
TICE LAW AND RULES SHALL APPLY TO APPEALS TAKEN HEREUNDER.
§ 147. FARMLAND PROTECTION WORKING GROUP. 1. THERE IS HEREBY CREATED
IN THE EXECUTIVE DEPARTMENT A FARMLAND PROTECTION WORKING GROUP CONSIST-
ING OF APPROPRIATE STAKEHOLDERS, INCLUDING BUT NOT LIMITED TO:
(A) THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE AND MARKETS;
(B) THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION;
(C) THE EXECUTIVE DIRECTOR OF ORES;
(D) THE CHIEF EXECUTIVE OFFICER OF THE DEPARTMENT OF PUBLIC SERVICE;
(E) THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY;
(F) LOCAL GOVERNMENT OFFICIALS OR REPRESENTATIVES FROM MUNICIPAL
ORGANIZATIONS REPRESENTING TOWNS, VILLAGES, AND COUNTIES; AND
(G) REPRESENTATIVES FROM AT LEAST TWO COUNTY AGRICULTURAL AND FARMLAND
PROTECTION BOARDS.
2. THE WORKING GROUP SHALL, NO LATER THAN ONE YEAR AFTER THE EFFECTIVE
DATE OF THIS ARTICLE, RECOMMEND STRATEGIES TO ENCOURAGE AND FACILITATE
INPUT FROM MUNICIPALITIES IN THE SITING PROCESS OF MAJOR RENEWABLE ENER-
GY FACILITIES AND MAJOR ELECTRIC TRANSMISSION FACILITIES AND TO DEVELOP
RECOMMENDATIONS THAT INCLUDE APPROACHES TO RECOGNIZE THE VALUE OF VIABLE
AGRICULTURAL LAND AND METHODS TO MINIMIZE ADVERSE IMPACTS TO ANY SUCH
LAND RESULTING FROM THE SITING OF MAJOR RENEWABLE ENERGY FACILITIES AND
MAJOR ELECTRIC TRANSMISSION FACILITIES.
3. THE WORKING GROUP, ON CALL OF THE COMMISSIONER OF THE DEPARTMENT OF
AGRICULTURE AND MARKETS, SHALL MEET AT LEAST THREE TIMES EACH YEAR AND
AT SUCH OTHER TIMES AS MAY BE NECESSARY.
§ 148. REPORTS OF THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC
TRANSMISSIONS. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
ARTICLE AND ANNUALLY THEREAFTER, THE OFFICE OF RENEWABLE ENERGY SITING
AND ELECTRIC TRANSMISSIONS SHALL SUBMIT TO THE GOVERNOR, THE TEMPO-
RARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, A REPORT
ON THE ACTIVITIES OF SUCH OFFICE. THE REPORT SHALL, WITHOUT LIMITATION,
INCLUDE:
1. THE NUMBER OF APPLICATIONS RECEIVED AND PERMITS APPROVED BY SUCH
OFFICE FOR EACH TYPE OF MAJOR RENEWABLE ENERGY FACILITY OR MAJOR ELEC-
TRIC TRANSMISSION FACILITY;
2. DESCRIPTION OF THE PROJECT OF EACH PERMIT GRANTED BY SUCH OFFICE
FOR THE PRECEDING YEAR INCLUDING SCALE, LOCATION AND CAPACITY;
3. AVERAGE TIME TAKEN TO MAKE A DECISION ON AN APPLICATION;
4. THE NUMBER OF CASES THAT REQUIRE DISPUTE RESOLUTION OR JUDICIAL
REVIEW;
5. THE EXECUTIVE DIRECTOR'S EVALUATION OF OVERALL PUBLIC NEED FOR
MAJOR RENEWABLE GENERATION FACILITIES AND MAJOR ELECTRIC TRANSMISSION
FACILITIES;
S. 8308--C 70 A. 8808--C
6. THE POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS OF THE FACILITY ARE
IDENTIFIED AND ADDRESSED BY THE UNIFORM STANDARDS AND CONDITIONS
PROMULGATED PURSUANT TO THIS ARTICLE;
7. THE NUMBER AND DESCRIPTION OF PROJECTS WHERE SITE-SPECIFIC PERMIT
CONDITIONS WERE APPLIED TO THE FACILITY OR WHERE OFF-SITE MITIGATION WAS
NEEDED; AND
8. TOTAL FEES COLLECTED BY SUCH OFFICE AND ANY FEES COLLECTED SPECIF-
ICALLY FOR OFF-SITE MITIGATION.
§ 12. The public service law is amended by adding a new section 174 to
read as follows:
§ 174. MAJOR STEAM ELECTRIC GENERATING FACILITIES CERTIFICATES. ANY
CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY AND PUBLIC NEED ISSUED TO A
MAJOR STEAM ELECTRIC GENERATING FACILITY UNDER THE FORMER ARTICLE VIII
OF THIS CHAPTER SHALL BE TREATED FOR PURPOSES OF COMPLIANCE AND ENFORCE-
MENT AS IF SUCH CERTIFICATE WAS ISSUED UNDER THIS ARTICLE.
§ 13. Subdivision (B) of section 206 of the eminent domain procedure
law is amended to read as follows:
(B) pursuant to article VII [or article VIII] of the public service
law it obtained a certificate of environmental compatibility and public
need OR PURSUANT TO ARTICLE VIII OF THE PUBLIC SERVICE LAW IT OBTAINED A
SITING PERMIT WITH RESPECT TO A MAJOR ELECTRIC TRANSMISSION FACILITY or;
§ 14. Subparagraph (g) of paragraph 3 of subdivision (B) of section
402 of the eminent domain procedure law is amended to read as follows:
(g) if the property is to be used for the construction of a major
utility transmission facility, as defined in section one hundred twenty
of the public service law[, or major steam electric generating facility
as defined in section one hundred forty of such law] with respect to
which a certificate of environmental compatibility and public need has
been issued under such law, a statement that such certificate relating
to such property has been issued and is in force, OR IF THE PROPERTY IS
TO BE USED FOR THE CONSTRUCTION OF A MAJOR ELECTRIC TRANSMISSION FACIL-
ITY, AS DEFINED UNDER ARTICLE VIII OF THE PUBLIC SERVICE LAW, WITH
RESPECT TO WHICH A MAJOR ELECTRIC TRANSMISSION FACILITY SITING PERMIT
HAS BEEN ISSUED UNDER SUCH LAW, A STATEMENT THAT SUCH PERMIT RELATING TO
SUCH PROPERTY HAS BEEN ISSUED AND IS IN FORCE.
§ 15. Subdivision 7 of section 6-106 of the energy law, as added by
chapter 433 of the laws of 2009, is amended to read as follows:
7. Any person who participated in the state energy planning proceeding
or any person who sought an amendment of the state energy plan pursuant
to subdivision six of this section, may obtain, pursuant to article
seventy-eight of the civil practice law and rules, judicial review of
the board's decision adopting a plan, or any amendment thereto, or of
the board's decision not to amend such plan pursuant to subdivision six
of this section. Any such special proceeding shall be brought in the
appellate division of the supreme court of the state of New York for the
third judicial department. Such proceeding shall be initiated by the
filing of a petition in such court within thirty days after the issuance
of a decision by the board. The proceeding shall have a lawful prefer-
ence over any other matter, shall be heard on an expedited basis and
shall be completed in all respects, including any subsequent appeal,
within one hundred eighty days of the filing of the petition. Where more
than one such petition is filed, the court may provide for consolidation
of the proceedings. Notwithstanding the provisions of [article] ARTICLES
seven AND EIGHT of the public service law, the procedure set forth in
this section shall constitute the exclusive means for seeking judicial
review of any element of the plan.
S. 8308--C 71 A. 8808--C
§ 16. Paragraph (b) of subdivision 5 of section 8-0111 of the environ-
mental conservation law, as amended by section 1 of part BBB of chapter
55 of the laws of 2021, is amended to read as follows:
(b) Actions subject to the provisions requiring a certificate of envi-
ronmental compatibility and public need in articles seven[,] AND ten
[and the former article eight] of the public service law or requiring a
MAJOR RENEWABLE ENERGY FACILITY OR A MAJOR ELECTRIC TRANSMISSION FACILI-
TY siting permit under [section ninety-four-c of the executive law]
ARTICLE EIGHT OF THE PUBLIC SERVICE LAW; or
§ 17. Paragraph (d) of subdivision 2 of section 49-0307 of the envi-
ronmental conservation law, as added by chapter 292 of the laws of 1984,
is amended to read as follows:
(d) where land subject to a conservation easement or an interest in
such land is required for a major utility transmission facility which
has received a certificate of environmental compatibility and public
need pursuant to article seven of the public service law [or is required
for a major steam electric generating facility which has received a
certificate of environmental compatibility and public need pursuant to
article eight of the public service law] OR A MAJOR ELECTRIC TRANS-
MISSION FACILITY WHICH HAS RECEIVED A SITING PERMIT PURSUANT TO ARTICLE
VIII OF THE PUBLIC SERVICE LAW, upon the filing of such certificate OR
PERMIT in a manner prescribed for recording a conveyance of real proper-
ty pursuant to section two hundred ninety-one of the real property law
or any other applicable provision of law.
§ 18. Paragraph (e) of subdivision 3 of section 49-0307 of the envi-
ronmental conservation law, as amended by chapter 388 of the laws of
2011, is amended to read as follows:
(e) where land subject to a conservation easement or an interest in
such land is required for a major utility transmission facility which
has received a certificate of environmental compatibility and public
need pursuant to article seven of the public service law [or is required
for a major steam electric generating facility which has received a
certificate of environmental compatibility and public need pursuant to
the former article eight of the public service law], A MAJOR ELECTRIC
TRANSMISSION FACILITY WHICH HAS RECEIVED A SITING PERMIT PURSUANT TO
ARTICLE VIII OF THE PUBLIC SERVICE LAW, or a major electric generating
facility or repowering project which has received a certificate of envi-
ronmental compatibility and public need pursuant to article ten of the
public service law, upon the filing of such certificate OR PERMIT in a
manner prescribed for recording a conveyance of real property pursuant
to section two hundred ninety-one of the real property law or any other
applicable provision of law, provided that such certificate OR PERMIT
contains a finding that the public interest in the conservation and
protection of the natural resources, open spaces and scenic beauty of
the Adirondack or Catskill parks has been considered.
§ 19. Paragraph (p) of subdivision 27-a of section 1005 of the public
authorities law, as added by section 1 of part QQ of chapter 56 of the
laws of 2023, is amended to read as follows:
(p) Nothing in this subdivision or subdivision twenty-seven-b of this
section, shall be construed as exempting the authority, its subsid-
iaries, or any renewable energy generating projects undertaken pursuant
to this section from the requirements of [section ninety-four-c of the
executive law] ARTICLE VIII OF THE PUBLIC SERVICE LAW respecting any
renewable energy system developed by the authority or an authority
subsidiary after the effective date of this subdivision that meets the
definition of "major renewable energy facility" as defined in [section
S. 8308--C 72 A. 8808--C
ninety-four-c of the executive law and section eight of part JJJ of
chapter fifty-eight of the laws of two thousand twenty] ARTICLE VIII OF
THE PUBLIC SERVICE LAW, as it relates to host community benefits, and
section 11-0535-c of the environmental conservation law as it relates to
an endangered and threatened species mitigation bank fund.
§ 20. Section 1014 of the public authorities law, as amended by chap-
ter 388 of the laws of 2011, is amended to read as follows:
§ 1014. Public service law not applicable to authority; inconsistent
provisions in other acts superseded. The rates, services and practices
relating to the generation, transmission, distribution and sale by the
authority, of power to be generated from the projects authorized by this
title shall not be subject to the provisions of the public service law
nor to regulation by, nor the jurisdiction of the department of public
service. Except to the extent article seven of the public service law
applies to the siting and operation of a major utility transmission
facility as defined therein, ARTICLE VIII OF THE PUBLIC SERVICE LAW
APPLIES TO THE SITING AND OPERATION OF A MAJOR ELECTRIC GENERATION
FACILITY OR A MAJOR ELECTRIC TRANSMISSION FACILITY AS DEFINED THEREIN,
and article ten of the public service law applies to the siting of a
major electric generating facility as defined therein, and except to the
extent section eighteen-a of the public service law provides for assess-
ment of the authority for certain costs relating thereto, the provisions
of the public service law and of the environmental conservation law and
every other law relating to the department of public service or the
public service commission or to the environmental conservation depart-
ment or to the functions, powers or duties assigned to the division of
water power and control by chapter six hundred nineteen of the laws of
nineteen hundred twenty-six, shall so far as is necessary to make this
title effective in accordance with its terms and purposes be deemed to
be superseded, and wherever any provision of law shall be found in
conflict with the provisions of this title or inconsistent with the
purposes thereof, it shall be deemed to be superseded, modified or
repealed as the case may require.
§ 21. Subdivision 1 of section 1020-s of the public authorities law,
as amended by chapter 681 of the laws of 2021, is amended to read as
follows:
1. The rates, services and practices relating to the electricity
generated by facilities owned or operated by the authority shall not be
subject to the provisions of the public service law or to regulation by,
or the jurisdiction of, the public service commission, except to the
extent (a) article seven of the public service law applies to the siting
and operation of a major utility transmission facility as defined there-
in, (b) ARTICLE VIII OF THE PUBLIC SERVICE LAW APPLIES TO THE SITING AND
OPERATION OF A MAJOR ELECTRIC GENERATION FACILITY OR A MAJOR ELECTRIC
TRANSMISSION FACILITY AS DEFINED THEREIN, (C) article ten of such law
applies to the siting of a generating facility as defined therein, [(c)]
(D) section eighteen-a of such law provides for assessment for certain
costs, property or operations, [(d)] (E) to the extent that the depart-
ment of public service reviews and makes recommendations with respect to
the operations and provision of services of, and rates and budgets
established by, the authority pursuant to section three-b of such law,
[(e)] (F) that section seventy-four of the public service law applies to
qualified energy storage systems within the authority's jurisdiction,
and [(f)] (G) that section seventy-four-b of the public service law
applies to Long Island community choice aggregation programs.
S. 8308--C 73 A. 8808--C
§ 22. Paragraph (b) of subdivision 1 of section 1020-ii of the public
authorities law, as amended by chapter 201 of the laws of 2019, is
amended to read as follows:
(b) "utility transmission facility" means any electric transmission
line operating at sixty-five kilovolts or higher in the service area,
including associated equipment. It shall not include any transmission
line which is an in-kind replacement or which is located wholly under-
ground. This section also shall not apply to any major [utility] ELEC-
TRIC transmission facility subject to the jurisdiction of article seven
of the public service law; and
§ 23. Paragraph c of subdivision 8 of section 1020-c of the public
authorities law, as amended by chapter 388 of the laws of 2011, is
amended to read as follows:
c. [Article] ARTICLES seven AND EIGHT of the public service law shall
apply to the authority's siting and operation of a major ELECTRIC trans-
mission facility as therein defined and article ten of the public
service law shall apply to the authority's siting and operation of a
major electric generating facility as therein defined.
§ 24. Subdivision 4 of section 18-a of the public service law, as
amended by chapter 447 of the laws of 1972, is amended to read as
follows:
4. In the case of the power authority of the state of New York, the
[chairman] CHAIRPERSON of the department shall ascertain from time to
time, but not less than once in each fiscal year, all direct and indi-
rect costs of investigating requests by the power authority of the state
of New York to establish new, major [utility] ELECTRIC transmission
facilities [as defined in article seven of this chapter] AND MAJOR
RENEWABLE ENERGY FACILITIES or to establish new, major [steam] electric
generating facilities [as defined in article eight of this chapter]. The
[chairman] CHAIRPERSON shall for each such investigation assess such
costs against the power authority of the state of New York. Bills for
such an investigation may be rendered from time to time, but not less
than once in each fiscal year, and the amount of such bills shall be
paid by the power authority of the state of New York to the department
within thirty days from the date of rendition.
§ 25. Subdivision 2 of section 160 of the public service law, as added
by chapter 388 of the laws of 2011, is amended to read as follows:
2. "Major electric generating facility" means an electric generating
facility with a nameplate generating capacity of twenty-five thousand
kilowatts or more, including interconnection electric transmission lines
THAT ARE NOT SUBJECT TO REVIEW UNDER ARTICLE VIII OF THIS CHAPTER and
fuel gas transmission lines that are not subject to review under article
seven of this chapter.
§ 26. Paragraph (e) of subdivision 4 of section 162 of the public
service law, as added by section 3 of part JJJ of chapter 58 of the laws
of 2020, is amended to read as follows:
(e) To a major renewable energy facility as such term is defined in
[section ninety-four-c of the executive law] ARTICLE VIII OF THIS CHAP-
TER; provided, however, that any person intending to construct a major
renewable energy facility, that has a draft pre-application public
involvement program plan pursuant to section one hundred sixty-three of
this article and the regulations implementing this article, which is
pending with the siting board as of the effective date of this paragraph
may remain subject to the provisions of this article or, may, by written
notice to the secretary of the commission, elect to become subject to
S. 8308--C 74 A. 8808--C
the provisions of [section ninety-four-c of the executive law] ARTICLE
VIII OF THIS CHAPTER.
§ 27. Subdivision 3 of section 11-103 of the energy law, as amended by
chapter 374 of the laws of 2022, is amended to read as follows:
3. Notwithstanding any other provision of law, the state fire
prevention and building code council in accordance with the mandate
under this article shall have exclusive authority among state agencies
to promulgate a construction code incorporating energy conservation
features and clean energy features applicable to the construction of any
building, including but not limited to greenhouse gas reduction. Any
other code, rule or regulation heretofore promulgated or enacted by any
other state agency, incorporating specific energy conservation and clean
energy requirements applicable to the construction of any building,
shall be superseded by the code promulgated pursuant to this section.
Notwithstanding the foregoing, nothing in this section shall be deemed
to expand the powers of the council to include matters that are exclu-
sively within the statutory jurisdiction of the public service commis-
sion, the department of environmental conservation, [the office of
renewable energy siting] or another state entity.
§ 28. Paragraph (d) of subdivision 27-a of section 1005 of the public
authorities law, as added by section 1 of part QQ of chapter 56 of the
laws of 2023, is amended to read as follows:
(d) No later than one hundred eighty days after the effective date of
this subdivision, and annually thereafter, the authority shall confer
with the New York state energy research and development authority, [the
office of renewable energy siting,] the department of public service,
climate and resiliency experts, labor organizations, and environmental
justice and community organizations concerning the state's progress on
meeting the renewable energy goals established by the climate leadership
and community protection act. When exercising the authority provided for
in paragraph (a) of this subdivision, the information developed through
such conferral shall be used to identify projects to help ensure that
the state meets its goals under the climate leadership and community
protection act. Any conferral provided for in this paragraph shall
include consideration of the timing of projects in the interconnection
queue of the federally designated electric bulk system operator for New
York state, taking into account both capacity factors or planned
projects and the interconnection queue's historical completion rate. A
report on the information developed through such conferral shall be
published and made accessible on the website of the authority.
§ 29. Subparagraph (i) of paragraph (e) of subdivision 27-a of section
1005 of the public authorities law, as added by section 1 of part QQ of
chapter 56 of the laws of 2023, is amended to read as follows:
(i) Beginning in two thousand twenty-five, and biennially thereafter
until two thousand thirty-three, the authority, in consultation with the
New York state energy research and development authority, [the office of
renewable energy siting,] the department of public service, and the
federally designated electric bulk system operator for New York state,
shall develop and publish biennially a renewable energy generation stra-
tegic plan ("strategic plan") that identifies the renewable energy
generating priorities based on the provisions of paragraph (a) of this
subdivision for the two-year period covered by the plan as further
provided for in this paragraph.
§ 30. The public service commission shall commence a proceeding within
ninety days of the effective date of this act to review the cause and
extent of any delays to interconnection of distributed energy resources.
S. 8308--C 75 A. 8808--C
This proceeding shall consider metrics related to the timely intercon-
nection of distributed generation resources into the distribution system
owned by an electric corporation, as well as revenue adjustments related
to such metrics.
§ 31. Subdivisions 1 and 3 of section 224-d of the labor law, subdivi-
sion 1 as separately amended by chapters 372 and 375 of the laws of 2022
and subdivision 3 as added by section 2 of part AA of chapter 56 of the
laws of 2021, are amended to read as follows:
1. For purposes of this section, a "covered renewable energy system"
means (a) a renewable energy system, as such term is defined in section
sixty-six-p of the public service law, with a capacity of one or more
megawatts alternating current and which involves the procurement of
renewable energy credits by a public entity, OR A COMPANY OR CORPORATION
PROVIDED IN SUBDIVISIONS TWENTY-THREE AND TWENTY-FOUR OF SECTION TWO OF
THE PUBLIC SERVICE LAW, or a third party acting on behalf and for the
benefit of a public entity; [or] (b) any "thermal energy network" as
defined by subdivision twenty-nine of section two of the public service
law; (C) ANY OFFSHORE WIND SUPPLY CHAIN PROJECT, INCLUDING BUT NOT
LIMITED TO PORT INFRASTRUCTURE, PRIMARY COMPONENT MANUFACTURING,
FINISHED COMPONENT MANUFACTURING, SUBASSEMBLY MANUFACTURING, SUBCOMPO-
NENT MANUFACTURING, OR RAW MATERIAL PRODUCERS, OR A COMBINATION THEREOF
RECEIVING DIRECT FUNDING FROM THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY PURSUANT TO AN AWARD UNDER A NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY SOLICITATION; OR (D) A "MAJOR UTILITY
TRANSMISSION FACILITY" AS SUCH TERM IS DEFINED BY SECTION ONE HUNDRED
TWENTY OF THE PUBLIC SERVICE LAW.
3. For purposes of this section, a covered renewable energy system
shall exclude construction work performed under a pre-hire collective
bargaining agreement between an owner or contractor and a bona fide
building and construction trade labor organization which has established
itself, and/or its affiliates, as the collective bargaining represen-
tative for all persons who will perform work on such a project, and
which provides that only contractors and subcontractors who sign a pre-
negotiated agreement with the labor organization can perform work on
such a project[, or construction work performed under a labor peace
agreement, project labor agreement, or any other construction work
performed under an enforceable agreement between an owner or contractor
and a bona fide building and construction trade labor organization]
PROVIDED, HOWEVER, THIS SUBDIVISION SHALL NOT APPLY TO ANY COVERED
RENEWABLE ENERGY SYSTEMS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF
THIS SECTION.
§ 32. Subdivision 3 and paragraph (a) of subdivision 4 of section 66-r
of the public service law, as added by section 2-a of part AA of chapter
56 of the laws of 2021, are amended and a new subdivision 1-a is added
to read as follows:
1-A. FOR THE PURPOSES OF THIS SECTION, AN "OTHER COVERED PROJECT"
MEANS: (A) ANY "THERMAL ENERGY NETWORK" AS DEFINED BY SUBDIVISION TWEN-
TY-NINE OF SECTION TWO OF THIS CHAPTER; (B) ANY OFFSHORE WIND SUPPLY
CHAIN PROJECT, INCLUDING BUT NOT LIMITED TO PORT INFRASTRUCTURE, PRIMARY
COMPONENT MANUFACTURING, FINISHED COMPONENT MANUFACTURING, SUBASSEMBLY
MANUFACTURING, SUBCOMPONENT MANUFACTURING, OR RAW MATERIAL PRODUCERS, OR
A COMBINATION THEREOF RECEIVING DIRECT FUNDING FROM THE NEW YORK STATE
ENERGY RESEARCH AND DEVELOPMENT AUTHORITY PURSUANT TO AN AWARD UNDER A
NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SOLICITATION;
OR (C) A "MAJOR UTILITY TRANSMISSION FACILITY" AS SUCH TERM IS DEFINED
S. 8308--C 76 A. 8808--C
BY SECTION ONE HUNDRED TWENTY OF THIS CHAPTER OR "MAJOR ELECTRIC TRANS-
MISSION FACILITY" AS DEFINED BY ARTICLE VIII OF THIS CHAPTER.
3. The commission shall require that the owner of the covered renewa-
ble energy system OR OTHER COVERED PROJECT, or a third party acting on
the owner's behalf, as an ongoing condition of any renewable energy
credits agreement with a public entity, shall stipulate to the fiscal
officer that it will enter into [a] labor peace [agreement] AGREEMENTS
with [at least one] ANY bona fide labor [organization] ORGANIZATIONS
THAT either [where such bona fide labor organization is] ARE actively
representing employees providing necessary operations and maintenance
services for the renewable energy system at the time of such agreement
or [upon] PROVIDES notice [by a bona fide labor organization] that IT
is attempting to represent ANY employees IN ANY TITLES WHO PROVIDE, OR
who will provide, necessary operations and maintenance services for the
renewable energy system employed in the state; PROVIDED, HOWEVER, THIS
SUBDIVISION SHALL NOT APPLY TO ANY COVERED PROJECTS DEFINED IN PARAGRAPH
(C) OF SUBDIVISION ONE-A OF THIS SECTION. The maintenance of such a
labor peace agreement, OR AGREEMENTS, WHICH COVER ALL CLASSES OF OPER-
ATIONS AND MAINTENANCE EMPLOYEES, shall be an ongoing material condition
of any continuation of payments under a renewable energy credits agree-
ment. For purposes of this section "labor peace agreement" means an
agreement between an entity and labor organization that, at a minimum,
protects the state's proprietary interests by prohibiting labor organ-
izations and members from engaging in picketing, work stoppages,
boycotts, and any other economic interference with the relevant renewa-
ble energy system. "Renewable energy credits agreement" shall mean any
public entity contract that provides production-based payments to a
renewable energy project as defined in this section.
(a) Any public entity, in each contract for construction, recon-
struction, alteration, repair, improvement or maintenance of a covered
renewable energy system which involves the procurement of a renewable
energy credits agreement by a public entity, or a third party acting on
behalf and for the benefit of a public entity, the "public work" for the
purposes of this subdivision, shall ensure that such contract shall
contain a provision that the iron and [structural] steel used or
supplied in the performance of the contract or any subcontract thereto
[and that is permanently incorporated into the public work,] shall be
produced or made in whole or substantial part in the United States, its
territories or possessions. In the case of [a structural] AN iron or
[structural] steel product all manufacturing must take place in the
United States, from the initial melting stage through the application of
coatings, except metallurgical processes involving the refinement of
steel additives. [For the purposes of this subdivision, "permanently
incorporated" shall mean an iron or steel product that is required to
remain in place at the end of the project contract, in a fixed location,
affixed to the public work to which it was incorporated. Iron and steel
products that are capable of being moved from one location to another
are not permanently incorporated into a public work.]
§ 33. Section 11-0535-c of the environmental conservation law is
amended by adding a new subdivision 6 to read as follows:
6. THE COMMISSIONER SHALL ANNUALLY REPORT TO THE DEPARTMENT OF PUBLIC
SERVICE, THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE
SPEAKER OF THE ASSEMBLY ON THE STATUS OF THE FUND AND ALL MONIES ADDED
TO AND EXPENDED FROM THE FUND.
§ 34. This act shall take effect immediately and sections one, two,
three, four, five, six, seven, eight, nine, ten, eleven, twelve, thir-
S. 8308--C 77 A. 8808--C
teen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty,
twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-
six, twenty-seven, twenty-eight, twenty-nine, thirty and thirty-three of
this act shall expire December 31, 2040 when upon such date this act
shall be deemed repealed; provided, that the amendments to paragraph (e)
of subdivision 4 of section 162 of the public service law made by
section twenty-six of this act shall not affect the repeal of such para-
graph and shall be deemed repealed therewith; provided, further, that
sections thirty-one and thirty-two of this act shall take effect Janu-
ary 1, 2025 and shall apply to any covered renewable energy system as
defined in section 224-d of the labor law and other covered project as
defined in section 66-r of the public service law, respectively, awarded
a contract pursuant to an advertisement or solicitation of a request for
proposal, invitation for bid, or solicitation of proposal, or any other
method provided for by law or regulation for soliciting a response for
offerors intending to result in a contract that is issued on or after
the effective date of this act.
PART P
Intentionally Omitted
PART Q
Section 1. Expenditures of moneys appropriated in a chapter of the
laws of 2024 to the department of agriculture and markets from the
special revenue funds-other/state operations, miscellaneous special
revenue fund-339, public service account shall be subject to the
provisions of this section. Notwithstanding any other provision of law
to the contrary, direct and indirect expenses relating to the department
of agriculture and markets' participation in general ratemaking
proceedings pursuant to section 65 of the public service law or certif-
ication proceedings or permits issued pursuant to article 7, 8, or 10 of
the public service law, shall be deemed expenses of the department of
public service within the meaning of section 18-a of the public service
law. No later than August 15th, 2025, the commissioner of the department
of agriculture and markets shall submit an accounting of such expenses,
including, but not limited to, expenses in the prior state fiscal year
for personal and non-personal services and fringe benefits, to the chair
of the public service commission for the chair's review pursuant to the
provisions of section 18-a of the public service law.
§ 2. Expenditures of moneys appropriated to the department of state
from the special revenue funds-other/state operations, miscellaneous
special revenue fund-339, public service account shall be subject to the
provisions of this section. Notwithstanding any other provision of law
to the contrary, direct and indirect expenses relating to the activities
of the department of state's utility intervention unit pursuant to
subdivision 4 of section 94-a of the executive law, including, but not
limited to participation in general ratemaking proceedings pursuant to
section 65 of the public service law or certification proceedings or
permits issued pursuant to article 7, 8, or 10 of the public service
law, shall be deemed expenses of the department of public service within
the meaning of section 18-a of the public service law. No later than
August 15th, 2025, the secretary of state shall submit an accounting of
such expenses, including, but not limited to, expenses in the prior
S. 8308--C 78 A. 8808--C
state fiscal year for personal and non-personal services and fringe
benefits, to the chair of the public service commission for the chair's
review pursuant to the provisions of section 18-a of the public service
law.
§ 3. Expenditures of moneys appropriated to the office of parks,
recreation and historic preservation from the special revenue funds-
other/state operations, miscellaneous special revenue fund-339, public
service account shall be subject to the provisions of this section.
Notwithstanding any other provision of law to the contrary, direct and
indirect expenses relating to the office of parks, recreation and
historic preservation's participation in general ratemaking proceedings
pursuant to section 65 of the public service law or certification
proceedings or permits issued pursuant to article 7, 8, or 10 of the
public service law, shall be deemed expenses of the department of public
service within the meaning of section 18-a of the public service law. No
later than August 15th, 2025, the commissioner of the office of parks,
recreation and historic preservation shall submit an accounting of such
expenses, including, but not limited to, expenses in the prior state
fiscal year for personal and non-personal services and fringe benefits,
to the chair of the public service commission for the chair's review
pursuant to the provisions of section 18-a of the public service law.
§ 4. Expenditures of moneys appropriated to the department of environ-
mental conservation from the special revenue funds-other/state oper-
ations, environmental conservation special revenue fund-301, utility
environmental regulation account shall be subject to the provisions of
this section. Notwithstanding any other provision of law to the contra-
ry, direct and indirect expenses relating to the department of environ-
mental conservation's participation in state energy policy proceedings,
or certification proceedings or permits issued pursuant to article 7, 8,
or 10 of the public service law, shall be deemed expenses of the depart-
ment of public service within the meaning of section 18-a of the public
service law. No later than August 15th, 2025, the commissioner of the
department of environmental conservation shall submit an accounting of
such expenses, including, but not limited to, expenses in the prior
state fiscal year for personal and non-personal services and fringe
benefits, to the chair of the public service commission for the chair's
review pursuant to the provisions of section 18-a of the public service
law.
§ 5. Notwithstanding any other law, rule or regulation to the contra-
ry, expenses of the department of health public service education
program incurred pursuant to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service. No later than August 15th,
2025, the commissioner of the department of health shall submit an
accounting of expenses in the prior state fiscal year to the chair of
the public service commission for the chair's review pursuant to the
provisions of section 217 of the public service law.
§ 6. Any expense deemed to be expenses of the department of public
service pursuant to sections one through four of this act shall not be
recovered through assessments imposed upon telephone corporations as
defined in subdivision 17 of section 2 of the public service law.
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024 and shall
expire and be deemed repealed April 1, 2025.
PART R
S. 8308--C 79 A. 8808--C
Intentionally Omitted
PART S
Section 1. Subdivision 3 of section 54-1511 of the environmental
conservation law, as added by section 5 of part U of chapter 58 of the
laws of 2016, is amended to read as follows:
3. State assistance payments shall not exceed fifty percent of the
project cost or two million dollars, whichever is less, PROVIDED HOWEVER
IF A MUNICIPALITY MEETS CRITERIA ESTABLISHED BY THE DEPARTMENT RELATING
TO EITHER FINANCIAL HARDSHIP OR DISADVANTAGED COMMUNITIES PURSUANT TO
SECTION 75-0101 OF THIS CHAPTER, THE COMMISSIONER MAY AUTHORIZE STATE
ASSISTANCE PAYMENTS OF UP TO EIGHTY PERCENT OF THE PROJECT COST OR TWO
MILLION DOLLARS, WHICHEVER IS LESS. Such costs are subject to final
computation and determination by the commissioner upon completion of the
project, and shall not exceed the maximum eligible cost set forth in the
contract. A DETERMINATION OF FINANCIAL HARDSHIP SHALL BE BASED ON
CRITERIA THAT CLEARLY INDICATES THAT THE MUNICIPALITY IS EXPERIENCING
SIGNIFICANT AND WIDESPREAD FINANCIAL DISTRESS, WITH PRIMARY CONSIDER-
ATION GIVEN TO WHETHER A MUNICIPALITY HAS A MEDIAN HOUSEHOLD INCOME AT
OR BELOW EIGHTY PERCENT OF THE STATE MEDIAN HOUSEHOLD INCOME.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024.
PART T
Section 1. Section 72-0302 of the environmental conservation law, as
amended by chapter 608 of the laws of 1993, the opening paragraph of
subdivision 1 and the closing paragraph as amended by chapter 432 of the
laws of 1997, and paragraph (e) of subdivision 1 as amended and para-
graphs (f) and (g) of subdivision 1 as relettered by chapter 170 of the
laws of 1994, is amended to read as follows:
§ 72-0302. State air quality control fees.
1. All persons, except those required to pay a fee under section
72-0303 of this [article] TITLE, who are required to obtain a permit,
[certificate] REGISTRATION or approval pursuant to the state air quality
control program AND THE RULES AND REGULATIONS ADOPTED BY THE DEPARTMENT
HEREUNDER shall submit to the department a per emission point fee in an
amount established as follows:
a. $11,000.00 for a stationary combustion installation having a maxi-
mum operating heat input equal to or greater than fifty million British
thermal units per hour as stated on the most recent application for a
permit [to construct or application for a certificate] OR REGISTRATION
to operate and which emits or has the potential to emit equal to or
greater than any one of the following:
(i) one hundred tons per year of oxides of nitrogen, or if located in
a severe ozone nonattainment area, twenty-five tons per year; or
(ii) one hundred tons per year of sulfur dioxide; or
(iii) one hundred tons per year of particulates.
b. $2,000.00 for all stationary combustion installations which are not
included under paragraph a of this subdivision and which have a maximum
operating heat input greater than fifty million British thermal units
per hour as stated on the most recent application for a [certificate]
PERMIT OR REGISTRATION to operate.
S. 8308--C 80 A. 8808--C
c. $100.00 for a stationary combustion installation having a maximum
operating heat input less than fifty million British thermal units per
hour as stated on the most recent application for a [certificate] PERMIT
OR REGISTRATION to operate.
d. $2,000.00 for a process air contamination source for an annual
emission rate equal to or greater than twenty-five tons per year of any
one of the following: sulfur dioxide, nitrogen dioxide, total particu-
lates, carbon monoxide, total volatile organic compounds and other
specific air contaminants. The annual emission rate shall be the actual
annual emission rate as stated on the most recent application for a
permit [to construct] or [application for a certificate] REGISTRATION to
operate. In the event that hours of operation have not been specified
on the [applications] APPLICATION then maximum possible hours of opera-
tion (8760 hours) will be used to calculate actual annual emissions.
e. $160.00 for a process air contamination source, except a gasoline
[dispencing] DISPENSING site, for an annual emission rate less than
twenty-five tons per year of any one of the following: sulfur dioxide,
nitrogen dioxide, total particulates, carbon monoxide, total volatile
organic compounds and other specific air contaminants. The annual emis-
sion rate shall be the actual annual emission rate as applied for on the
most recent application for a permit [to construct or application for a
certificate] OR REGISTRATION to operate. In the event that hours of
operation have not been specified on the [applications] APPLICATION then
maximum possible hours of operation (8760 hours) will be used to calcu-
late actual annual emissions.
f. $2,000.00 for an incinerator capable of charging two thousand
pounds of refuse per hour or greater. The charging capacity will be
established in accordance with the application for the most recent
permit [to construct or application for a certificate] OR REGISTRATION
to operate the incinerator source and will be calculated on an emission
point basis.
g. $160.00 for an incinerator with a maximum design charge rate of
less than two thousand pounds of refuse per hour. The charging capacity
will be established in accordance with the application for the most
recent permit [to construct or application for a certificate] OR REGIS-
TRATION to operate the incinerator source and will be calculated on an
emission point basis.
Provided, however, that where a city or county is delegated the
authority to administer the state air quality control program, or any
portion thereof, pursuant to paragraph p of subdivision two of section
3-0301 of this chapter and such city or county collects a fee in
connection with the issuance of a permit, [certificate] REGISTRATION or
approval [for a combustion installation, incinerator or process air
contamination source] PURSUANT TO THE STATE AIR QUALITY CONTROL PROGRAM,
no additional liability for fees under this section shall accrue for the
particular combustion installation, incinerator or process air contam-
ination source that is subject to the delegation.
§ 2. Subdivisions 1 and 2 of section 72-0303 of the environmental
conservation law, subdivision 1 as amended by section 1 of part D of
chapter 413 of the laws of 1999, the opening paragraph of subdivision 1
as amended by section 1 of part Y of chapter 58 of the laws of 2015 and
subdivision 2 as added by chapter 608 of the laws of 1993, are amended
to read as follows:
1. Commencing January first, two thousand [fifteen] TWENTY-SEVEN and
every year thereafter, all sources of regulated air contaminants identi-
fied pursuant to subdivision one of section 19-0311 of this chapter
S. 8308--C 81 A. 8808--C
shall submit to the department an annual base fee of [two] EIGHT thou-
sand five hundred dollars PER FACILITY. This base fee shall be in addi-
tion to the fees listed below. Commencing January first, [nineteen
hundred ninety-four] TWO THOUSAND TWENTY-SEVEN and every year
thereafter, all sources of regulated air contaminants identified pursu-
ant to subdivision one of section 19-0311 of this chapter shall submit
to the department an annual fee not to exceed the per ton fees described
below. The per ton fee is assessed on each ton of emissions [up to seven
thousand tons annually] of each regulated air contaminant as follows:
[sixty] TWO HUNDRED dollars per ton for facilities with total emissions
less than one thousand tons annually; [seventy] TWO HUNDRED TWENTY-FIVE
dollars per ton for facilities with total emissions of one thousand or
more but less than two thousand tons annually; [eighty] TWO HUNDRED
FIFTY dollars per ton for facilities with total emissions of two thou-
sand or more but less than five thousand tons annually; and [ninety]
THREE HUNDRED dollars per ton for facilities with total emissions of
five thousand or more tons annually. Such [fee] FEES shall be suffi-
cient to support an appropriation approved by the legislature for the
direct and indirect costs associated with the operating permit program
established in section 19-0311 of this chapter. Such [fee] FEES shall be
established by the department and shall be calculated by dividing the
amount of the current year appropriation from the operating permit
program account of the clean air fund by the total tons of emissions of
regulated air contaminants, INCLUDING HAZARDOUS AIR POLLUTANTS, that are
subject to the operating permit program fees from sources subject to the
operating permit program pursuant to section 19-0311 of this chapter [up
to seven thousand tons annually of each regulated air contaminant from
each source]; provided that, in making such calculation, the department
shall adjust their calculation to account for any deficit or surplus in
the operating permit program account of the clean air fund established
pursuant to section ninety-seven-oo of the state finance law[; any loan
repayment from the mobile source account of the clean air fund estab-
lished pursuant to section ninety-seven-oo of the state finance law;]
and the rate of collection by the department of the bills issued for the
[fee] FEES for the prior year.
Notwithstanding the provisions of the state administrative procedure
act, such calculation and [fee] FEES shall be established as a rule by
publication in the Environmental Notice Bulletin no later than thirty
days after the budget bills making appropriations for the support of
government are enacted or July first, whichever is later, of the year
such [fee] FEES will be effective. In no event shall the [fee] FEES
established herein be any greater than the maximum fee identified pursu-
ant to this section.
2. Bills issued for the [fee] FEES ESTABLISHED BY SUBDIVISION ONE OF
THIS SECTION shall be based on actual emissions for the prior calendar
year, as demonstrated to the department's satisfaction, or in the
absence of such demonstration, on permitted emissions, or, where there
is no permit, on potential to emit. Persons required to submit an emis-
sions statement to the department shall use such statement to demon-
strate actual emissions under this section.
§ 3. Subdivision 7 of section 72-0303 of the environmental conserva-
tion law is REPEALED.
§ 4. Subdivisions 8, 9 and 10 of section 72-0303 of the environmental
conservation law are renumbered subdivisions 7, 8 and 9.
§ 5. Paragraph c of subdivision 2 of section 97-oo of the state
finance law, as added by chapter 608 of the laws of 1993, is REPEALED.
S. 8308--C 82 A. 8808--C
§ 6. The environmental conservation law is amended by adding a new
section 19-0328 to read as follows:
§ 19-0328. OZONE NON-ATTAINMENT FEE PROGRAMS.
1. THE DEPARTMENT MAY IMPLEMENT NEW OR REVISE EXISTING REGULATORY OR
PERMITTING FEE PROGRAMS ONLY TO THE EXTENT NECESSARY TO COMPLY WITH
SECTION 7511D OF THE ACT RELATED TO THE NON-ATTAINMENT OF NATIONAL AMBI-
ENT AIR QUALITY STANDARDS.
2. FEES IMPOSED PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE
CALCULATED IN THE MANNER SET FORTH IN THE ACT.
3. THE DEPARTMENT SHALL FURTHER ESTABLISH BY RULE OR RULES ADDITIONAL
PROCEDURES TO THE EXTENT NECESSARY FOR ASSESSMENT OF AND COLLECTION OF
SUCH FEES THAT SHALL ENSURE SUFFICIENT NOTICE, FEE AMOUNTS AND COMPLI-
ANCE INFORMATION ARE GIVEN TO AFFECTED PARTIES.
4. MONEYS RECEIVED PURSUANT TO THIS SECTION SHALL BE DEPOSITED IN THE
AIR QUALITY IMPROVEMENT FUND AS ESTABLISHED IN SECTION NINETY-NINE-RR OF
THE STATE FINANCE LAW.
§ 7. The state finance law is amended by adding a new section 99-rr to
read as follows:
§ 99-RR. AIR QUALITY IMPROVEMENT FUND. 1. THERE IS HEREBY ESTABLISHED
IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF TAXATION
AND FINANCE A FUND TO BE KNOWN AS THE "AIR QUALITY IMPROVEMENT FUND".
2. SUCH FUND SHALL CONSIST OF REVENUES RECEIVED BY THE STATE PURSUANT
TO SECTION 19-0328 OF THE ENVIRONMENTAL CONSERVATION LAW AND ALL OTHER
MONEYS, APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER
FUND OR SOURCE PURSUANT TO LAW.
3. ALL MONEYS OF THE AIR QUALITY IMPROVEMENT FUND, FOLLOWING APPROPRI-
ATION BY THE LEGISLATURE, SHALL BE MADE AVAILABLE FOR THE PURPOSES OF
REDUCING AIR POLLUTION AND IMPROVING OR ENHANCING AIR QUALITY IN
AFFECTED COMMUNITIES, INCLUDING BUT NOT LIMITED TO: (A) MEASURES RELATED
TO ACHIEVING THE NATIONAL AMBIENT AIR QUALITY STANDARDS, INCLUDING
COMMUNITY LEVEL PROJECTS TO REDUCE OR ELIMINATE AIR POLLUTION FROM
STATIONARY AND/OR MOBILE SOURCES OF AIR POLLUTION; AND (B) INVESTMENTS
WHICH ARE CONSISTENT WITH THE STRATEGIES AND COMMUNITY EMISSIONS
REDUCTION PROGRAMS PREPARED PURSUANT TO SECTION 75-0115 OF THE ENVIRON-
MENTAL CONSERVATION LAW. ANY MONEYS EXPENDED FROM THE FUND SHALL ENSURE
THAT DISADVANTAGED COMMUNITIES, AS DEFINED IN SUBDIVISION FIVE OF
SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW, RECEIVE OVERALL
BENEFITS THAT APPROXIMATE THE PROPORTION OF DISADVANTAGED COMMUNITIES IN
THE APPLICABLE FEDERALLY DESIGNATED AREA OF NONATTAINMENT IN NEW YORK,
PROVIDED THAT SUCH COMMUNITIES SHALL NOT RECEIVE LESS THAN THIRTY-FIVE
PERCENT OF THE BENEFIT OF SUCH FUNDS.
4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF ENVIRONMENTAL CONSERVATION.
§ 8. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024; provided,
however, if this act shall have become a law after such date then it
shall take effect immediately and shall be deemed to have been in full
force and effect on and after April 1, 2024; provided, however, that
sections one, three, four, and five of this act shall take effect Janu-
ary 1, 2025; and provided further, however, that section two of this act
shall take effect January 1, 2027.
PART U
Intentionally Omitted
S. 8308--C 83 A. 8808--C
PART V
Section 1. Section 2 of chapter 584 of the laws of 2011, amending the
public authorities law relating to the powers and duties of the dormito-
ry authority of the state of New York relative to the establishment of
subsidiaries for certain purposes, as amended by section 1 of part DD of
chapter 58 of the laws of 2022, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed on July 1, [2024] 2026; provided however, that the expi-
ration of this act shall not impair or otherwise affect any of the
powers, duties, responsibilities, functions, rights or liabilities of
any subsidiary duly created pursuant to subdivision twenty-five of
section 1678 of the public authorities law prior to such expiration.
§ 2. This act shall take effect immediately.
PART W
Section 1. Paragraph (f) of subdivision 1 of section 1977-a of the
public authorities law, as amended by section 1 of part EE of chapter 58
of the laws of 2023, is amended to read as follows:
(f) Additional authorizations. For the purpose of financing capital
costs in connection with a program of infrastructure construction,
improvements and other capital expenditures for the project area, the
authority may, in addition to the authorizations contained elsewhere in
this title, borrow money by issuing bonds and notes in an aggregate
principal amount not exceeding [one billion five hundred million
dollars] TWO BILLION FIVE HUNDRED MILLION DOLLARS, plus a principal
amount of bonds or notes issued (i) to fund any related debt service
reserve fund, (ii) to provide capitalized interest, and (iii) to provide
for fees and other charges and expenses including any underwriters'
discounts, related to the issuance of such bonds or notes, all as deter-
mined by the authority, excluding bonds and notes issued to refund
outstanding bonds and notes issued pursuant to this section.
§ 2. This act shall take effect immediately.
PART X
Section 1. Subdivision 6 of section 211 of the economic development
law, as amended by chapter 294 of the laws of 2019, is amended to read
as follows:
6. Grants made pursuant to this section shall be subject to the
following limitations:
(a) no grant shall be made to any one or any consortium of career
education agencies and not-for-profit corporations in excess of [one
hundred seventy-five] TWO HUNDRED FIFTY thousand dollars; and
(b) each grant shall be disbursed for payment of the cost of services
and expenses of the program director, the instructors of the participat-
ing career education agency or not-for-profit corporation, the faculty
and support personnel thereof and any other person in the service of
providing instruction and counseling in furtherance of the program.
§ 2. This act shall take effect immediately.
PART Y
Section 1. The opening paragraph of subdivision (h) of section 121 of
chapter 261 of the laws of 1988, amending the state finance law and
S. 8308--C 84 A. 8808--C
other laws relating to the New York state infrastructure trust fund, as
amended by chapter 96 of the laws of 2019, is amended to read as
follows:
The provisions of sections sixty-two through sixty-six of this act
shall expire and be deemed repealed on [December thirty-first] JULY
FIRST, two thousand [twenty-four] TWENTY-FIVE, except that:
§ 2. This act shall take effect immediately.
PART Z
Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174
of the laws of 1968 constituting the New York state urban development
corporation act, as amended by section 1 of part JJ of chapter 58 of the
laws of 2023, is amended to read as follows:
3. The provisions of this section shall expire, notwithstanding any
inconsistent provision of subdivision 4 of section 469 of chapter 309 of
the laws of 1996 or of any other law, on July 1, [2024] 2025.
§ 2. This act shall take effect immediately.
PART AA
Section 1. Section 2 of 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, as
amended by section 1 of part GG of chapter 58 of the laws of 2023, is
amended to read as follows:
§ 2. This act shall take effect immediately provided, however, that
section one of this act shall expire on July 1, [2024] 2025, at which
time the provisions of subdivision 26 of section 5 of the New York state
urban development corporation act shall be deemed repealed; provided,
however, that neither the expiration nor the repeal of such subdivision
as provided for herein shall be deemed to affect or impair in any manner
any loan made pursuant to the authority of such subdivision prior to
such expiration and repeal.
§ 2. This act shall take effect immediately.
PART BB
Section 1. Section 4 of chapter 495 of the laws of 2004, amending the
insurance law and the public health law relating to the New York state
health insurance continuation assistance demonstration project, as
amended by section 1 of part U of chapter 58 of the laws of 2023, is
amended to read as follows:
§ 4. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that this act shall remain in
effect until July 1, [2024] 2025 when upon such date the provisions of
this act shall expire and be deemed repealed; provided, further, that a
displaced worker shall be eligible for continuation assistance retroac-
tive to July 1, 2004.
§ 2. This act shall take effect immediately.
PART CC
Intentionally Omitted
S. 8308--C 85 A. 8808--C
PART DD
Intentionally Omitted
PART EE
Section 1. Subparagraph (B) of paragraph 15-a of subsection (i) of
section 3216 of the insurance law, as amended by section 1 of part DDD
of chapter 56 of the laws of 2020, is amended to read as follows:
(B) Such coverage may be subject to annual deductibles and coinsurance
as may be deemed appropriate by the superintendent and as are consistent
with those established for other benefits within a given policy;
provided, however, [the total amount] that [a covered person is required
to pay out of pocket for] covered prescription insulin drugs shall [be
capped at an amount not to exceed one hundred dollars per thirty-day
supply, regardless of the amount or type of insulin needed to fill such
covered person's prescription and regardless of the insured's] NOT BE
SUBJECT TO A deductible, copayment, coinsurance or any other cost shar-
ing requirement.
§ 2. Subparagraph (B) of paragraph 7 of subsection (k) of section 3221
of the insurance law, as amended by section 2 of part DDD of chapter 56
of the laws of 2020, is amended to read as follows:
(B) Such coverage may be subject to annual deductibles and coinsurance
as may be deemed appropriate by the superintendent and as are consistent
with those established for other benefits within a given policy;
provided, however, [the total amount] that [a covered person is required
to pay out of pocket for] covered prescription insulin drugs shall [be
capped at an amount not to exceed one hundred dollars per thirty-day
supply, regardless of the amount or type of insulin needed to fill such
covered person's prescription and regardless of the insured's] NOT BE
SUBJECT TO A deductible, copayment, coinsurance or any other cost shar-
ing requirement.
§ 3. Paragraph 2 of subsection (u) of section 4303 of the insurance
law, as amended by section 3 of part DDD of chapter 56 of the laws of
2020, is amended to read as follows:
(2) Such coverage may be subject to annual deductibles and coinsurance
as may be deemed appropriate by the superintendent and as are consistent
with those established for other benefits within a given policy;
provided, however, [the total amount] that [a covered person is required
to pay out of pocket for] covered prescription insulin drugs shall [be
capped at an amount not to exceed one hundred dollars per thirty-day
supply, regardless of the amount or type of insulin needed to fill such
covered person's prescription and regardless of the insured's] NOT BE
SUBJECT TO A deductible, copayment, coinsurance or any other cost shar-
ing requirement.
§ 4. This act shall take effect January 1, 2025 and shall apply to
any policy or contract issued, renewed, modified, altered, or amended on
or after such date.
PART FF
Intentionally Omitted
PART GG
S. 8308--C 86 A. 8808--C
Intentionally Omitted
PART HH
Intentionally Omitted
PART II
Intentionally Omitted
PART JJ
Intentionally Omitted
PART KK
Section 1. Section 4 of part WW of chapter 56 of the laws of 2022
amending the public officers law relating to permitting videoconferenc-
ing and remote participation in public meetings under certain circum-
stances, is amended to read as follows:
§ 4. This act shall take effect immediately and shall expire and be
deemed repealed July 1, [2024] 2026.
§ 2. This act shall take effect immediately.
PART LL
Section 1. Paragraph 2 of subsection (f) of section 1308 of the insur-
ance law, as amended by section 2 of chapter 802 of the laws of 1985, is
amended to read as follows:
(2) Any domestic life insurance company proposing to assume by rein-
surance all or any part of the business in force, other than portions of
individual risks, of any domestic, foreign or alien life insurance
company, fraternal benefit society or other organization having
outstanding policies or certificates of life insurance or accident and
health insurance or annuity contracts shall make written application to
the superintendent for permission to do so. If after due consideration
the superintendent is satisfied that the proposed reinsurance will not
prejudice the interests of the policyholders of either the applicant or
the companies [which] THAT are members of The Life Insurance Guaranty
Corporation or of The Life AND HEALTH Insurance Company Guaranty Corpo-
ration of New York, [he] THE SUPERINTENDENT shall grant the permission.
§ 2. Paragraph 1 of subsection (a) of section 7434 of the insurance
law, as amended by chapter 134 of the laws of 1999, is amended to read
as follows:
(1) Upon the recommendation of the superintendent, and under the
direction of the court, distribution payments shall be made in a manner
that will assure the proper recognition of priorities and a reasonable
balance between the expeditious completion of the liquidation and the
protection of unliquidated and undetermined claims. The priority of
distribution of claims from an insolvent [property/casualty] insurer
OTHER THAN A LIFE INSURER in any proceeding subject to this article
shall be in accordance with the order in which each class of claims is
S. 8308--C 87 A. 8808--C
set forth in this paragraph and as provided in this paragraph. Every
claim in each class shall be paid in full or adequate funds retained for
such payment before the members of the next class receive any payment.
No subclasses shall be established within any class. No claim by a
shareholder, policyholder or other creditor shall be permitted to
circumvent the priority classes through the use of equitable remedies.
The order of distribution of claims shall be:
[(i)] (A) Class one. Claims with respect to the actual and necessary
costs and expenses of administration, incurred by the liquidator, reha-
bilitator or conservator under this article.
[(ii)] (B) Class two. All claims under policies including such claims
of the federal or any state or local government for losses incurred,
third party claims, claims for unearned premiums, and all claims of a
security fund, guaranty association or the equivalent except claims
arising under reinsurance contracts.
[(iii)] (C) Class three. Claims of the federal government except those
under class two above.
[(iv)] (D) Class four. Claims for wages owing to employees of an
insurer against whom a proceeding under this article is commenced for
services rendered within one year before commencement of the proceeding,
not exceeding one thousand two hundred dollars to each employee, and
claims for unemployment insurance contributions required by article
eighteen of the labor law. Such priority shall be in lieu of any other
similar priority which may be authorized by law.
[(v)] (E) Class five. Claims of state and local governments except
those under class two above.
[(vi)] (F) Class six. Claims of general creditors including, but not
limited to, claims arising under reinsurance contracts.
[(vii)] (G) Class seven. Claims filed late or any other claims other
than claims under class eight or class nine below.
[(viii)] (H) Class eight. Claims for advanced or borrowed funds made
pursuant to section one thousand three hundred seven of this chapter.
[(ix)] (I) Class nine. Claims of shareholders or other owners in their
capacity as shareholders.
§ 3. Paragraphs 1 and 4 of subsection (a) of section 7435 of the
insurance law, as added by chapter 802 of the laws of 1985, are amended
to read as follows:
(1) Class one. Claims with respect to the actual and necessary costs
and expenses of administration, incurred by the liquidator, rehabilita-
tor, conservator or ancillary rehabilitator under this article, or by
The Life Insurance Guaranty Corporation or The Life AND HEALTH Insurance
Company Guaranty Corporation of New York, and claims described in
subsection (d) of section seven thousand seven hundred thirteen of this
chapter.
(4) Class four. All claims under insurance policies, annuity contracts
and funding agreements, and all claims of The Life AND HEALTH Insurance
Company Guaranty Corporation of New York or any other guaranty corpo-
ration or association of this state or another jurisdiction, other than
[(i)] claims provided for in paragraph one of this subsection[,] and
[(ii)] claims for interest.
§ 4. Paragraph 2 of subsection (c) of section 7709 of the insurance
law, as amended by section 10 of subpart D of part Y of chapter 57 of
the laws of 2023, is amended to read as follows:
(2) The amount of any class B or class C assessment, except for
assessments related to long-term care insurance, shall be allocated for
assessment purposes among the accounts in the proportion that the premi-
S. 8308--C 88 A. 8808--C
ums received by the impaired or insolvent insurer on the policies or
contracts covered by each account for the last calendar year preceding
the assessment in which the impaired or insolvent insurer received
premiums bears to the premiums received by such insurer for such calen-
dar year on all covered policies. The amount of any class B or class C
assessment for long-term care insurance written by the impaired or
insolvent insurer shall be allocated according to a methodology included
in the plan of operation and approved by the superintendent. The meth-
odology shall provide for fifty percent of the assessment to be allo-
cated to health insurance company member insurers and fifty percent to
be allocated to life insurance company member insurers; provided, howev-
er, that a property/casualty insurer that writes health insurance shall
be considered a health insurance company member for this purpose. Class
B and class C assessments against member insurers for each account shall
be in the proportion that the premiums received on business in this
state by each assessed member insurer on policies covered by each
account for the three calendar years preceding the assessment bears to
such premiums received on business in this state for such calendar years
by all assessed member insurers. CLASS B AND CLASS C ASSESSMENTS
AGAINST MEMBER INSURERS FOR THE HEALTH INSURANCE ACCOUNT SHALL BE
FURTHER REDUCED FOR NOT-FOR-PROFIT MEMBER INSURERS PURSUANT TO A METHOD-
OLOGY INCLUDED IN THE PLAN OF OPERATION AND APPROVED BY THE SUPERINTEN-
DENT. SUCH METHODOLOGY SHALL REDUCE THE ASSESSMENTS IMPOSED ON NOT-FOR-
PROFIT MEMBER INSURERS IN AN AMOUNT THAT, WHEN ACCOUNTING FOR
APPROPRIATE FACTORS, INCLUDING THE VALUE OF THE TAX CREDITS AND A FACTOR
FOR THE TIME VALUE OF MONEY, RESULTS IN A PERCENTAGE OF NET ASSESSMENTS
TO PREMIUMS THAT IS EQUIVALENT FOR NOT-FOR-PROFIT MEMBER INSURERS AND
FOR-PROFIT MEMBER INSURERS.
§ 5. Section 7712 of the insurance law, as added by chapter 802 of the
laws of 1985, subsection (a) as amended by section 11 of subpart D of
part Y of chapter 57 of the laws of 2023, is amended to read as follows:
§ 7712. Credits for assessments paid. (a) The superintendent shall
annually[, within six months following the close of each calendar year,
furnish to the commissioner of taxation and finance and the director of
the division of the budget a statement of operations for the life insur-
ance guaranty corporation and the life and health insurance company
guaranty corporation of New York. Such statement shall show the assess-
ments, less any refunds or reimbursements thereof, paid by each insur-
ance company pursuant to the provisions of article seventy-five or]
ISSUE A CERTIFICATE OF TAX CREDIT FOR NET CLASS A ASSESSMENTS PAID, AND
A SEPARATE CERTIFICATE OF TAX CREDIT FOR TOTAL NET CLASS B AND CLASS C
ASSESSMENTS PAID, AS SUCH ASSESSMENTS ARE DESCRIBED IN section seven
thousand seven hundred nine of this article, [for the purposes of meet-
ing the requirements of this chapter. Each statement, starting with the
statement furnished in the year nineteen hundred eighty-six and ending
with the statement furnished in the year two thousand, shall show the
annual activity for every year commencing from nineteen hundred eighty-
five through the most recently completed year. Each statement furnished
in each year after the year two thousand shall reflect such assessments
paid during the preceding fifteen calendar years. The superintendent
shall also furnish a copy of such statement to each such] TO AN insur-
ance company THAT IS REQUIRED TO FILE A TAX RETURN PURSUANT TO ARTICLE
THIRTY-THREE OF THE TAX LAW. THE SUPERINTENDENT SHALL ISSUE SUCH
CERTIFICATES BY MARCH THIRTY-FIRST OF THE YEAR FOLLOWING THE YEAR IN
WHICH THE CLASS A, B, AND C ASSESSMENTS ARE PAID OR TO WHICH THEY ARE
ALLOCATED PURSUANT TO THE PROVISIONS OF SUBSECTION (C) OF THIS SECTION.
S. 8308--C 89 A. 8808--C
FOR THE PURPOSES OF THIS SECTION, AN INSURANCE COMPANY'S "NET CLASS A
ASSESSMENTS PAID" SHALL MEAN ITS GROSS CLASS A ASSESSMENTS PAID PURSUANT
TO THE PROVISIONS OF ARTICLE SEVENTY-FIVE OR SECTION SEVEN THOUSAND
SEVEN HUNDRED NINE OF THIS ARTICLE, LESS ANY REFUNDS, RECOVERIES, OR
REIMBURSEMENTS, AND AN INSURANCE COMPANY'S "TOTAL NET CLASS B AND CLASS
C ASSESSMENTS PAID" SHALL MEAN ITS GROSS CLASS B AND CLASS C ASSESSMENTS
PAID PURSUANT TO THE PROVISIONS OF ARTICLE SEVENTY-FIVE OR SECTION SEVEN
THOUSAND SEVEN HUNDRED NINE OF THIS ARTICLE, LESS ANY REFUNDS, RECOV-
ERIES, OR REIMBURSEMENTS.
(b) The [maximum authorized] CERTIFICATES OF TAX credit [for each
company in respect of the assessments paid during the most recent calen-
dar year covered by such statement] shall [be] SET FORTH THE AMOUNT OF
TAX CREDIT AN INSURANCE COMPANY MAY CLAIM as follows:
(1) [if the sum of the net assessments paid by all companies in the
period reported on in the statement of operations required to be
furnished by the superintendent pursuant to the provisions of subsection
(a) of this section is less than one hundred million dollars, no such
credits shall be authorized] FOR NET CLASS A ASSESSMENTS, THE ELIGIBLE
CREDIT AMOUNT SHALL BE EQUAL TO THE PRODUCT OF EIGHTY PER CENTUM AND THE
COMPANY'S NET CLASS A ASSESSMENTS PAID; AND
(2) [(A) if the sum of such net assessments exceeds one hundred
million dollars, the maximum authorized credit for each company with
respect to net assessments paid by such company in any year shall be the
excess, if any, of (i) over (ii), where (i) is the sum of such company's
tentative cross-over year credit and its tentative credits for subse-
quent years, both as determined pursuant to subparagraphs (B) and (C) of
this paragraph, and (ii) is the sum of the maximum credits theretofore
authorized for the years covered by such statement, to and including the
most recently completed year, determined with reference to the periods
covered by all prior such statements.
(B) Such company's tentative cross-over year credit shall be eighty
per centum of the product of (i) and (ii), where (i) is the sum of
assessments paid by such company during the cross-over year, and (ii) is
a fraction, the numerator of which is the excess over one hundred
million dollars of the sum of net assessments paid by all companies
during such period and the denominator of which is the sum of net
assessments paid by such companies during the cross-over year. For
purposes of this paragraph, the cross-over year is the first year during
the period covered by such statement in which the net assessments paid
by all companies during such period exceeded one hundred million dollars
in whole or in part.
(C) Such company's tentative credit for each year subsequent to the
cross-over year shall be eighty per centum of the net assessments paid
by such company during such year.
(3) For the purposes of this section, net assessments means gross
assessments, less any recoveries or reimbursements, paid during the
period covered by the most recent statement of operations furnished by
the superintendent pursuant to the provisions of subsection (a) of this
section] FOR TOTAL NET CLASS B AND CLASS C ASSESSMENTS, THE ELIGIBLE
CREDIT AMOUNT SHALL BE EQUAL TO THE PRODUCT OF EIGHTY PER CENTUM AND THE
COMPANY'S TOTAL NET CLASS B AND CLASS C ASSESSMENTS PAID, SUBJECT TO
SUBSECTION (C) OF THIS SECTION.
(C)(1) THE AGGREGATE AMOUNT OF TAX CREDITS PURSUANT TO THIS SECTION
FOR TOTAL NET CLASS B AND CLASS C ASSESSMENTS IN EACH CALENDAR YEAR
SHALL NOT EXCEED ONE HUNDRED FIFTY MILLION DOLLARS. THE AGGREGATE TAX
CREDIT AMOUNT SHALL BE ALLOCATED ANNUALLY BY THE SUPERINTENDENT ON A PRO
S. 8308--C 90 A. 8808--C
RATA BASIS TO EACH COMPANY REQUIRED TO FILE A TAX RETURN PURSUANT TO
ARTICLE THIRTY-THREE OF THE TAX LAW.
(2) THE SUPERINTENDENT SHALL ALLOCATE ANY TAX CREDIT AMOUNT THAT
EXCEEDS THE ANNUAL CREDIT CAP OF ONE HUNDRED FIFTY MILLION DOLLARS TO
THE FOLLOWING CALENDAR YEAR AND INCLUDE SUCH AMOUNT WITHIN THE CALCU-
LATION OF THE ELIGIBLE CREDIT AMOUNT SUBJECT TO THE AGGREGATE CREDIT
AMOUNT FOR THE SUCCEEDING CALENDAR YEAR BY THE SUPERINTENDENT.
(3) FOR COMPANIES ISSUED A CERTIFICATE OF TAX CREDIT FOR TOTAL NET
CLASS B AND CLASS C ASSESSMENTS, SUCH ANNUAL CERTIFICATE SHALL SET FORTH
AN AMOUNT EQUAL TO THIRTY-THREE AND ONE-THIRD PER CENTUM OF THE AMOUNT
CALCULATED UNDER SUBSECTION (B) OF THIS SECTION AND ALLOCATED PURSUANT
TO PARAGRAPH ONE OF THIS SUBSECTION. THE AMOUNT ON THE CERTIFICATE OF
TAX CREDIT SHALL BE ELIGIBLE TO BE CLAIMED IN THE TAXABLE YEAR THAT
BEGINS IN THE CALENDAR YEAR THAT SUCH CERTIFICATE IS ISSUED. THIRTY-
THREE AND ONE-THIRD PER CENTUM OF SUCH AMOUNT SHALL BE ELIGIBLE TO BE
CLAIMED IN EACH OF THE TWO TAXABLE YEARS FOLLOWING SUCH TAXABLE YEAR.
(D)(1) THE SUPERINTENDENT SHALL, IN CONSULTATION WITH THE COMMISSIONER
OF TAXATION AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT FOR NET
CLASS A ASSESSMENTS, AND A CERTIFICATE OF TAX CREDIT FOR TOTAL NET CLASS
B AND CLASS C ASSESSMENTS. EACH CERTIFICATE SHALL CONTAIN SUCH INFORMA-
TION AS REQUIRED BY THE COMMISSIONER OF TAXATION AND FINANCE, INCLUDING
A CERTIFICATE DATE.
(2) THE SUPERINTENDENT SHALL SOLELY DETERMINE THE TAX CREDIT ELIGIBIL-
ITY OF ANY INSURANCE COMPANY AND SHALL REVOKE ANY CERTIFICATE OF TAX
CREDIT ISSUED TO AN INSURANCE COMPANY THAT NO LONGER QUALIFIES FOR A TAX
CREDIT. THE SUPERINTENDENT SHALL MODIFY THE AMOUNT OF THE CREDIT SHOWN
ON ANY SUCH CERTIFICATE IF THE SUPERINTENDENT DETERMINES THAT THE AMOUNT
CERTIFIED UNDER SUBSECTION (B) OF THIS SECTION WAS NOT COMPUTED PROPERLY
PURSUANT TO THIS SECTION.
(3) TO BE ISSUED A CERTIFICATE OF TAX CREDIT BY THE SUPERINTENDENT,
EACH INSURANCE COMPANY SHALL:
(A) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE
INSURANCE COMPANY'S TAX INFORMATION RELEVANT TO THE ADMINISTRATION OF
THIS SECTION WITH THE SUPERINTENDENT. HOWEVER, ANY INFORMATION SHARED
WITH THE SUPERINTENDENT AS A RESULT OF THIS SECTION SHALL NOT BE AVAIL-
ABLE FOR PUBLIC DISCLOSURE OR INSPECTION UNDER ARTICLE SIX OF THE PUBLIC
OFFICERS LAW;
(B) ALLOW THE SUPERINTENDENT AND THE CORPORATION ACCESS TO ANY AND ALL
BOOKS AND RECORDS THE SUPERINTENDENT OR CORPORATION MAY REQUIRE TO MONI-
TOR COMPLIANCE WITH THIS SECTION; AND
(C) AGREE TO PROVIDE ANY ADDITIONAL INFORMATION REQUIRED BY THE SUPER-
INTENDENT RELEVANT TO THIS SECTION.
§ 6. Subdivision (f) of section 1511 of the tax law, as amended by
chapter 803 of the laws of 1985, paragraph 1 as amended by chapter 217
of the laws 2012, subparagraph (B) of paragraph 3 as further amended by
section 104 of part A of chapter 62 of the laws of 2011 and paragraph 5
as amended by section 9 of part H3 of chapter 62 of the laws of 2003, is
amended to read as follows:
(f) Credit relating to life AND HEALTH insurance guaranty corporation
assessments. [A] (1) ALLOWANCE OF CREDIT. FOR TAXABLE YEARS BEGINNING
ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, A credit shall be
allowed against the tax imposed pursuant to this article (other than
section fifteen hundred five-a of this article)[, for a portion of the
assessments paid by a taxpayer pursuant to article seventy-five or
section seven thousand seven hundred nine of the insurance law. The
S. 8308--C 91 A. 8808--C
credit shall be determined in accordance with the following provisions]
AS HEREINAFTER PROVIDED.
[(1)] (2) AMOUNT OF CREDIT. The [maximum authorized] AMOUNT OF THE
credit for each taxpayer shall [be determined as provided in] EQUAL THE
AMOUNT SHOWN ON THE CERTIFICATE OF TAX CREDIT, OR THE AMOUNTS SHOWN ON
SUCH CERTIFICATES, ISSUED TO SUCH TAXPAYER PURSUANT TO section seven
thousand seven hundred twelve of the insurance law. WITH RESPECT TO
EACH SUCH CERTIFICATE, THE AMOUNT OF THE CREDIT MUST BE CLAIMED IN THE
TAXABLE YEAR THAT BEGINS IN THE CALENDAR YEAR THAT SUCH CERTIFICATE IS
ISSUED.
[(2) Thirty-three and one-third per centum of the maximum authorized
credit for the second calendar year preceding the taxable year, plus any
amount carried forward under subparagraph (C) of paragraph three of this
subdivision or paragraph four of this subdivision, shall be allowed as a
credit under this subdivision for such taxable year, and thirty-three
and one third per centum of such maximum authorized credit for such
second preceding calendar year, plus any amount carried forward under
subparagraph (C) of this subdivision or paragraph four of this subdivi-
sion, shall be allowed in each of the two taxable years following such
taxable year.]
(3) [(A) For each calendar year for which a credit has been authorized
pursuant to section seven thousand seven hundred twelve of the insurance
law, the commissioner of taxation and finance shall determine the total
tax liability of all life insurance corporations under this article,
other than under section fifteen hundred five-a of this article, before
the application of any credits allowed pursuant to this section, for
taxable years beginning in such calendar year. Such total tax liability
shall be published in the state register on or before the thirtieth day
of September of the next succeeding calendar year.
(B) The credit allowed under paragraph two of this subdivision for
each taxpayer shall not exceed the product of (x) and (y) where (x) is a
fraction, the numerator of which is the sum of the gross assessments
paid by the particular taxpayer during the calendar year for which the
credit has been authorized and the denominator of which is the sum of
the gross assessments paid by all companies during such year, both as
shown in the most recent statement of operations furnished by the super-
intendent of financial services under subsection (a) of section seven
thousand seven hundred twelve of the insurance law and both the numera-
tor and denominator being reduced, as appropriate, by any refunds or
reimbursements and (y) is the greater of (i) forty per centum of the
total tax liability published by the commissioner pursuant to subpara-
graph (A) of this paragraph and (ii) forty million dollars.
(C) The amount by which the allowable credit computed without refer-
ence to the limitation contained in subparagraph (B) of this paragraph
exceeds the allowable credit for such taxable year shall be carried
forward as a credit under paragraph two of this subdivision.
(D) With respect to estimated taxes payable under section fifteen
hundred fourteen of this article any increase in estimated taxes due to
the limitation imposed by this paragraph shall be deemed timely paid if
paid on or before the fifteenth day of December next following the date
specified in subparagraph (A) of this paragraph.] CARRYOVER. THE CREDIT
ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE
TAX DUE FOR SUCH YEAR TO LESS THAN THE MINIMUM FIXED BY PARAGRAPH FOUR
OF SUBDIVISION (A) OF SECTION FIFTEEN HUNDRED TWO OF THIS ARTICLE OR
SECTION FIFTEEN HUNDRED TWO-A OF THIS ARTICLE, WHICHEVER IS APPLICABLE.
HOWEVER, IF THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBDIVISION FOR
S. 8308--C 92 A. 8808--C
ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT
NOT DEDUCTIBLE IN SUCH TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOWING
YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR
OR YEARS.
(4) [If for any taxable year the credits allowable under paragraph two
of this subdivision determined without regard to this paragraph exceed
the taxpayer's liability for taxes under this article for the taxable
year after the allowance of all other credits under this section, then
the sum of two hundred fifty dollars and the amount by which such cred-
its under this subdivision exceed such tax liability shall be carried
forward as a credit under paragraph two of this subdivision for the
taxable year next following.] ELIGIBILITY. TO BE ELIGIBLE FOR THE CRED-
IT, THE TAXPAYER SHALL HAVE BEEN ISSUED A CERTIFICATE, OR CERTIFICATES,
OF TAX CREDIT BY THE DEPARTMENT OF FINANCIAL SERVICES PURSUANT TO
SECTION SEVEN THOUSAND SEVEN HUNDRED TWELVE OF THE INSURANCE LAW, EACH
OF WHICH CERTIFICATES SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT MAY
BE CLAIMED AND THE CERTIFICATE DATE. A TAXPAYER THAT IS A PARTNER IN A
PARTNERSHIP, MEMBER OF A LIMITED LIABILITY COMPANY OR SHAREHOLDER IN A
SUBCHAPTER S CORPORATION THAT HAS RECEIVED A CERTIFICATE, OR CERTIF-
ICATES, OF TAX CREDIT SHALL BE ALLOWED ITS PRO RATA SHARE OF THE CREDIT
EARNED BY THE PARTNERSHIP, LIMITED LIABILITY COMPANY OR SUBCHAPTER S
CORPORATION.
(5) [No credit allowed pursuant to this subdivision shall reduce the
tax payable by any taxpayer under this article for any taxable year to
an amount less than the minimum tax fixed by paragraph four of subdivi-
sion (a) of section fifteen hundred two of this article or section
fifteen hundred two-a of this article, whichever is applicable.] TAX
RETURN REQUIREMENT. THE TAXPAYER IS REQUIRED TO INCLUDE WITH ITS TAX
RETURN IN THE FORM PRESCRIBED BY THE COMMISSIONER, PROOF OF RECEIPT OF
ITS CERTIFICATE, OR CERTIFICATES, OF TAX CREDIT ISSUED BY THE DEPARTMENT
OF FINANCIAL SERVICES.
(6) INFORMATION SHARING. NOTWITHSTANDING ANY PROVISION OF THIS CHAP-
TER, EMPLOYEES OF THE DEPARTMENT OF FINANCIAL SERVICES AND THE DEPART-
MENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE:
(A) INFORMATION REGARDING THE CREDIT ALLOWED OR CLAIMED PURSUANT TO
THIS SUBDIVISION AND TAXPAYERS THAT ARE CLAIMING THE CREDIT; AND
(B) INFORMATION CONTAINED IN OR DERIVED FROM CREDIT CLAIM FORMS
SUBMITTED TO THE DEPARTMENT. ALL INFORMATION EXCHANGED BETWEEN THE
DEPARTMENT OF FINANCIAL SERVICES AND THE DEPARTMENT SHALL NOT BE SUBJECT
TO PUBLIC DISCLOSURE OR INSPECTION UNDER ARTICLE SIX OF THE PUBLIC OFFI-
CERS LAW.
(7) CREDIT RECAPTURE. IF A CERTIFICATE OF TAX CREDIT ISSUED BY THE
DEPARTMENT OF FINANCIAL SERVICES UNDER SECTION SEVEN THOUSAND SEVEN
HUNDRED TWELVE OF THE INSURANCE LAW IS REVOKED BY SUCH DEPARTMENT, THE
AMOUNT OF CREDIT DESCRIBED IN THIS SUBDIVISION AND CLAIMED BY THE
TAXPAYER PRIOR TO SUCH REVOCATION SHALL BE ADDED BACK TO TAX IN THE
TAXABLE YEAR IN WHICH ANY SUCH REVOCATION BECOMES FINAL. IF AN AMOUNT OF
CREDIT ON ANY SUCH CERTIFICATE OF TAX CREDIT IS MODIFIED BY THE DEPART-
MENT OF FINANCIAL SERVICES, THE DIFFERENCE BETWEEN THE AMOUNT OF CREDIT
DESCRIBED IN THIS SUBDIVISION AND CLAIMED BY THE TAXPAYER PRIOR TO SUCH
MODIFICATION AND THE MODIFIED AMOUNT SHALL BE ADDED BACK TO TAX IN THE
TAXABLE YEAR IN WHICH ANY SUCH MODIFICATION BECOMES FINAL.
(8) NET ASSESSMENTS. NO AMOUNT OF ANY NET ASSESSMENTS PAID BY SUCH
TAXPAYER INCLUDED AS THE BASIS FOR THE CALCULATION OF THE AMOUNT SHOWN
ON ANY SUCH CERTIFICATE SHALL BE THE BASIS FOR ANY OTHER TAX CREDIT
UNDER THIS CHAPTER.
S. 8308--C 93 A. 8808--C
§ 7. Notwithstanding the provisions of sections one through six of
this act, in 2024, for the calendar year 2023, the superintendent of
financial services shall furnish the statement of operations for the
life insurance guaranty corporation and the life and health insurance
company guaranty corporation of New York as provided in subsection (a)
of section 7712 of the insurance law, as such provision of law was in
effect immediately prior to the effective date of this act.
§ 8. Notwithstanding the provisions of sections one through seven of
this act, an insurance company allowed a tax credit pursuant to section
7712 of the insurance law and subdivision (f) of section 1511 of the tax
law, as such provisions of law were in effect immediately prior to the
effective date of this act, shall continue to be allowed the credit
relating to life insurance guaranty corporation assessments under such
subdivision (f), for assessments paid on or before December 31, 2023, as
follows:
(i) any amount of such credit that has not been claimed in a taxable
year beginning before January 1, 2024 shall be allowed as a credit
against the tax imposed pursuant to article 33 of the tax law, other
than section 1505-a of such article, in the taxable year beginning on or
after such date; and
(ii) any amount of credit allowed pursuant to the previous paragraph
shall be subject to the carryover provision of paragraph 3 of subdivi-
sion (f) of section 1511 of the tax law, as such subdivision has been
amended by section six of this act.
§ 9. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2024.
PART MM
Section 1. Short title. This act shall be known and may be cited as
the "artificial intelligence deceptive practices act".
§ 2. This act enacts into law major components of legislation neces-
sary to implement the artificial intelligence deceptive practices act.
Each component is wholly contained within a Subpart identified as
Subparts A through B. The effective date for each particular provision
contained within such Subpart is set forth in the last section of such
Subpart. Any provision in any section contained within a Subpart,
including the effective date of the Subpart, which makes a reference to
a section "of this act", when used in connection with that particular
component, shall be deemed to mean and refer to the corresponding
section of the Subpart in which it is found. Section four of this act
sets forth the general effective date of this act.
SUBPART A
Section 1. Section 50 of the civil rights law is amended to read as
follows:
§ 50. Right of privacy. A person, firm or corporation that uses for
advertising purposes, or for the purposes of trade, the name, portrait
[or], picture, LIKENESS, OR VOICE of any living person without having
first obtained the written consent of such person, or if a minor of [his
or her] SUCH MINOR'S parent or guardian, is guilty of a misdemeanor.
§ 2. Section 51 of the civil rights law, as amended by chapter 674 of
the laws of 1995, is amended to read as follows:
§ 51. Action for injunction and for damages. Any person whose name,
portrait, picture, LIKENESS or voice is used within this state for
S. 8308--C 94 A. 8808--C
advertising purposes or for the purposes of trade without the written
consent first obtained as above provided may maintain an equitable
action in the supreme court of this state against the person, firm or
corporation so using [his] SUCH PERSON'S name, portrait, picture, LIKE-
NESS or voice, to prevent and restrain the use thereof; and may also sue
and recover damages for any injuries sustained by reason of such use and
if the defendant shall have knowingly used such person's name, portrait,
picture, LIKENESS or voice in such manner as is forbidden or declared to
be unlawful by section fifty of this article, the jury, in its
discretion, may award exemplary damages. But nothing contained in this
article shall be so construed as to prevent any person, firm or corpo-
ration from selling or otherwise transferring any material containing
such name, portrait, picture, LIKENESS or voice in whatever medium to
any user of such name, portrait, picture, LIKENESS or voice, or to any
third party for sale or transfer directly or indirectly to such a user,
for use in a manner lawful under this article; nothing contained in this
article shall be so construed as to prevent any person, firm or corpo-
ration, practicing the profession of photography, from exhibiting in or
about [his or its] THEIR establishment specimens of the work of such
establishment, unless the same is continued by such person, firm or
corporation after written notice objecting thereto has been given by the
person portrayed; and nothing contained in this article shall be so
construed as to prevent any person, firm or corporation from using the
name, portrait, picture, LIKENESS or voice of any manufacturer or dealer
in connection with the goods, wares and merchandise manufactured,
produced or dealt in by [him] SUCH MANUFACTURER OR DEALER which [he has]
THEY HAVE sold or disposed of with such name, portrait, picture, LIKE-
NESS or voice used in connection therewith; or from using the name,
portrait, picture, LIKENESS or voice of any author, composer or artist
in connection with [his] THEIR literary, musical or artistic productions
which [he has] THEY HAVE sold or disposed of with such name, portrait,
picture, LIKENESS or voice used in connection therewith. Nothing
contained in this section shall be construed to prohibit the copyright
owner of a sound recording from disposing of, dealing in, licensing or
selling that sound recording to any party, if the right to dispose of,
deal in, license or sell such sound recording has been conferred by
contract or other written document by such living person or the holder
of such right. Nothing contained in the foregoing sentence shall be
deemed to abrogate or otherwise limit any rights or remedies otherwise
conferred by federal law or state law.
§ 3. The opening paragraph of subdivision 1 and subdivisions 4 and 5
of section 52-b of the civil rights law, as added by chapter 109 of the
laws of 2019, are amended and a new subdivision 11 is added to read as
follows:
Any person depicted in a still or video image, INCLUDING AN IMAGE
CREATED OR ALTERED BY DIGITIZATION, regardless of whether or not the
original still or video image was consensually obtained, shall have a
cause of action against an individual who, for the purpose of harassing,
annoying or alarming such person, disseminated or published, or threat-
ened to disseminate or publish, such still or video image, where such
image:
4. Any person depicted in a still or video image, INCLUDING AN IMAGE
CREATED OR ALTERED BY DIGITIZATION, that depicts an unclothed or exposed
intimate part of such person, or such person engaging in sexual conduct
as defined in subdivision ten of section 130.00 of the penal law with
another person, which is disseminated or published without the consent
S. 8308--C 95 A. 8808--C
of such person and where such person had a reasonable expectation that
the image would remain private, may maintain an action or special
proceeding for a court order to require any website that is subject to
personal jurisdiction under subdivision five of this section to perma-
nently remove such still or video image; any such court order granted
pursuant to this subdivision may direct removal only as to images that
are reasonably within such website's control.
5. a. Any website that hosts or transmits a still or video image,
INCLUDING AN IMAGE CREATED OR ALTERED BY DIGITIZATION, viewable in this
state, taken under circumstances where the person depicted had a reason-
able expectation that the image would remain private, which depicts:
(i) an unclothed or exposed intimate part, as defined in section
245.15 of the penal law, of a resident of this state; or
(ii) a resident of this state engaging in sexual conduct as defined in
subdivision ten of section 130.00 of the penal law with another person;
and
b. Such still or video image is hosted or transmitted without the
consent of such resident of this state, shall be subject to personal
jurisdiction in a civil action in this state to the maximum extent
permitted under the United States constitution and federal law.
11. FOR PURPOSES OF THIS SECTION, "DIGITIZATION" MEANS THE USE OF
SOFTWARE, MACHINE LEARNING, ARTIFICIAL INTELLIGENCE, OR ANY OTHER COMPU-
TER-GENERATED OR TECHNOLOGICAL MEANS, INCLUDING ADAPTING, MODIFYING,
MANIPULATING, OR ALTERING A REALISTIC DEPICTION.
§ 4. Paragraphs b and e of subdivision 1 of section 52-c of the civil
rights law, as added by chapter 304 of the laws of 2020, are amended to
read as follows:
b. "digitization" means to realistically depict the nude body parts of
another human being as the nude body parts of the depicted individual,
computer-generated nude body parts as the nude body parts of the
depicted individual or the depicted individual engaging in sexual
conduct, as defined in subdivision ten of section 130.00 of the penal
law, in which the depicted individual did not engage. "DIGITIZATION"
MAY ALSO MEAN THE USE OF SOFTWARE, MACHINE LEARNING, ARTIFICIAL INTELLI-
GENCE, OR ANY OTHER COMPUTER-GENERATED OR TECHNOLOGICAL MEANS, INCLUDING
ADAPTING, MODIFYING, MANIPULATING, OR ALTERING A REALISTIC DEPICTION.
e. "sexually explicit material" means any portion of an audio visual
work that shows the depicted individual:
I. performing in the nude, meaning with an unclothed or exposed inti-
mate part, as defined in section 245.15 of the penal law[, or];
II. appearing to engage in, or being subjected to, sexual conduct, as
defined in subdivision ten of section 130.00 of the penal law[.]; OR
III. POSED IN A MANNER INTENDED TO ELICIT SEXUAL AROUSAL OR GRATIFI-
CATION AND WHERE A PERSON WOULD HAVE A REASONABLE EXPECTATION OF PRIVA-
CY.
§ 5. This act shall take effect immediately.
SUBPART B
Section 1. Section 14-106 of the election law is amended by adding two
new subdivisions 5 and 6 to read as follows:
5. (A) FOR PURPOSES OF THIS SUBDIVISION:
(I) "MATERIALLY DECEPTIVE MEDIA" MEANS ANY IMAGE, VIDEO, AUDIO, TEXT,
OR ANY TECHNOLOGICAL REPRESENTATION OF SPEECH OR CONDUCT FULLY OR
PARTIALLY CREATED OR MODIFIED THAT:
S. 8308--C 96 A. 8808--C
(1) EXHIBITS A HIGH LEVEL OF AUTHENTICITY OR CONVINCING APPEARANCE
THAT IS VISUALLY OR AUDIBLY INDISTINGUISHABLE FROM REALITY TO A REASON-
ABLE PERSON;
(2) DEPICTS A SCENARIO THAT DID NOT ACTUALLY OCCUR OR THAT HAS BEEN
ALTERED IN A SIGNIFICANT WAY FROM HOW THEY ACTUALLY OCCURRED; AND
(3) IS CREATED BY OR WITH SOFTWARE, MACHINE LEARNING, ARTIFICIAL
INTELLIGENCE, OR ANY OTHER COMPUTER-GENERATED OR TECHNOLOGICAL MEANS,
INCLUDING ADAPTING, MODIFYING, MANIPULATING, OR ALTERING A REALISTIC
DEPICTION.
(II) "INFORMATION CONTENT PROVIDER" MEANS ANY PERSON OR ENTITY THAT IS
RESPONSIBLE, IN WHOLE OR IN PART, FOR THE CREATION OR DEVELOPMENT OF
INFORMATION PROVIDED THROUGH THE INTERNET OR ANY OTHER INTERACTIVE
COMPUTER SERVICE.
(B) (I) A PERSON, FIRM, ASSOCIATION, CORPORATION, CAMPAIGN, COMMITTEE,
OR ORGANIZATION THAT DISTRIBUTES OR PUBLISHES ANY POLITICAL COMMUNI-
CATION THAT WAS PRODUCED BY OR INCLUDES MATERIALLY DECEPTIVE MEDIA AND
KNOWS OR SHOULD KNOW THAT IT IS MATERIALLY DECEPTIVE SHALL BE REQUIRED
TO DISCLOSE THIS USE.
(II) (1) FOR VISUAL MEDIA THE DISCLOSURE SHALL BE PRINTED OR TYPED IN
A LEGIBLE FONT SIZE EASILY READABLE BY THE AVERAGE VIEWER THAT IS NO
SMALLER THAN OTHER TEXT APPEARING IN THE VISUAL MEDIA AND IN THE SAME
LANGUAGE USED ON THE COMMUNICATION TO READ AS FOLLOWS: "THIS (IMAGE,
VIDEO, OR AUDIO) HAS BEEN MANIPULATED".
(2) FOR COMMUNICATION THAT IS AUDITORY, SUCH AS RADIO OR AUTOMATED
TELEPHONE CALLS, CLEARLY SPEAKING THE STATEMENT AT THE BEGINNING OF THE
AUDIO, AT THE END OF THE AUDIO, AND, IF THE AUDIO IS GREATER THAN TWO
MINUTES IN LENGTH, INTERSPERSED WITHIN THE AUDIO AT INTERVALS OF NOT
GREATER THAN TWO MINUTES EACH AND IN THE SAME LANGUAGE AS THE REST OF
THE AUDIO USED IN THE COMMUNICATION, AND IN A PITCH THAT CAN BE EASILY
HEARD BY THE AVERAGE LISTENER SATISFIES THE REQUIREMENTS OF CLAUSE ONE
OF THIS SUBPARAGRAPH.
(III) THIS PARAGRAPH SHALL NOT APPLY TO THE FOLLOWING:
(1) MATERIALLY DECEPTIVE MEDIA THAT CONSTITUTES SATIRE OR PARODY;
(2) MATERIALLY DECEPTIVE MEDIA CREATED FOR THE PURPOSES OF BONA FIDE
NEWS REPORTING WHEN THE REQUIRED DISCLOSURE IS INCLUDED; OR
(3) INITIAL DISSEMINATION BY A PLATFORM OR SERVICE INCLUDING, BUT NOT
LIMITED TO, A WEBSITE, REGULARLY PUBLISHED NEWSPAPER, OR MAGAZINE, WHERE
THE CONTENT DISSEMINATED IS MATERIALLY DECEPTIVE MEDIA PROVIDED BY
ANOTHER INFORMATION CONTENT PROVIDER WHEN A GOOD FAITH EFFORT HAS BEEN
MADE TO ESTABLISH THAT THE DEPICTION IS NOT MATERIALLY DECEPTIVE
MEDIA.
(IV) A CANDIDATE WHOSE VOICE OR LIKENESS APPEARS IN MATERIALLY DECEP-
TIVE MEDIA IN VIOLATION OF THIS SUBDIVISION MAY SEEK REASONABLE COURT
COSTS AND ATTORNEYS' FEES AND INJUNCTIVE RELIEF PROHIBITING THE
DISTRIBUTION, PUBLICATION OR BROADCASTING OF ANY MATERIALLY DECEPTIVE
MEDIA IN VIOLATION OF THIS SUBDIVISION AGAINST SUCH INDIVIDUAL OR ENTITY
WHO DISSEMINATED OR PUBLISHED SUCH MEDIA WITHOUT THE CONSENT OF THE
PERSON DEPICTED AND WHO KNEW OR SHOULD HAVE KNOWN THAT IT WAS MATE-
RIALLY DECEPTIVE. AN ACTION UNDER THIS PARAGRAPH SHALL BE INITIATED BY
FILING AN APPLICATION FOR AN ORDER TO SHOW CAUSE IN THE SUPREME COURT
WHERE THE MATERIALLY DECEPTIVE MEDIA AT ISSUE COULD DECEIVE AND INFLU-
ENCE ELECTORS IN AN UPCOMING ELECTION. SUCH ACTION SHALL BE ENTITLED TO
AN AUTOMATIC CALENDAR PREFERENCE AND BE SUBJECT TO EXPEDITED PRETRIAL
AND TRIAL PROCEEDINGS.
S. 8308--C 97 A. 8808--C
(V) IN ANY ACTION ALLEGING A VIOLATION OF THIS SUBDIVISION IN WHICH
A PLAINTIFF SEEKS PRELIMINARY RELIEF WITH RESPECT TO AN UPCOMING
ELECTION, THE COURT SHALL GRANT RELIEF IF IT DETERMINES THAT:
(A) PLAINTIFFS ARE MORE LIKELY THAN NOT TO SUCCEED ON THE MERITS; AND
(B) IT IS POSSIBLE TO IMPLEMENT AN APPROPRIATE REMEDY THAT WOULD
RESOLVE THE ALLEGED VIOLATION IN THE UPCOMING ELECTION.
(VI) IN ANY ACTION COMMENCED UNDER THIS SUBDIVISION, THE PLAINTIFF
BEARS THE BURDEN OF ESTABLISHING THE USE OF MATERIALLY DECEPTIVE MEDIA
BY CLEAR AND CONVINCING EVIDENCE.
6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT, OR TO ENLARGE,
THE PROTECTIONS THAT 47 U.S.C. § 230 CONFERS ON AN INTERACTIVE COMPUTER
SERVICE FOR CONTENT PROVIDED BY ANOTHER INFORMATION CONTENT PROVIDER, AS
SUCH TERMS ARE DEFINED IN 47 U.S.C. § 230.
§ 2. This act shall take effect immediately.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, subpart or part of this act shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall not
affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivi-
sion, section, subpart or part thereof directly involved in the contro-
versy in which such judgment shall have been rendered. It is hereby
declared to be the intent of the legislature that this act would have
been enacted even if such invalid provisions had not been included here-
in.
§ 4. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through B of this act shall
be as specifically set forth in the last section of such Subparts.
PART NN
Section 1. Section 2328 of the insurance law, as amended by chapter
182 of the laws of 2023, is amended to read as follows:
§ 2328. Certain motor vehicle insurance rates; prior approval. [For
the periods February first, nineteen hundred seventy-four through August
second, two thousand one, and the effective date of the
property/casualty insurance availability act through June thirtieth, two
thousand twenty-six, no] NO changes in rates, rating plans, rating rules
and rate manuals applicable to motor vehicle insurance, including
no-fault coverages under article fifty-one of this chapter, shall be
made effective until approved by the superintendent, notwithstanding any
inconsistent provisions of this article[; provided, however, that chang-
es in such rates, rating plans, rating rules and rate manuals may be
made effective without such approval if the rates that result from such
changes are no higher than the insurer's rates last approved by the
superintendent]. This section shall apply only to policies covering
losses or liabilities arising out of ownership of a motor vehicle used
principally for the transportation of persons for hire, including a bus
or a school bus as defined in sections one hundred four and one hundred
forty-two of the vehicle and traffic law.
§ 2. This act shall take effect immediately.
PART OO
Section 1. Subdivision 20 of section 16-e of section 1 of chapter 174
of the laws of 1968, constituting the New York state urban development
S. 8308--C 98 A. 8808--C
corporation act, is amended by adding a new paragraph (f) to read as
follows:
(F) EACH REGIONAL ECONOMIC DEVELOPMENT COUNCIL AWARDEE MAY CERTIFY IN
WRITING TO SUCH REGIONAL ECONOMIC DEVELOPMENT COUNCIL THAT THEY MAINTAIN
INTERNSHIP OPPORTUNITIES, ALONG WITH THE NUMBER OF OPPORTUNITIES, A
DESCRIPTION OF THE WORK THE INTERNS WILL ENGAGE IN, AND DESCRIPTIONS OF
ANY SUPPLEMENTARY PROGRAMMING OFFERED TO THE INTERNS.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
PART PP
Section 1. Section 1115 of the tax law is amended by adding a new
subdivision (ll) to read as follows:
(LL) THE FOLLOWING SHALL BE EXEMPT FROM TAX UNDER THIS ARTICLE: (1)
RECEIPTS FROM THE RETAIL SALE OF, AND CONSIDERATION GIVEN OR CONTRACTED
TO BE GIVEN FOR, OR FOR THE USE OF, RESIDENTIAL ENERGY STORAGE SYSTEMS
EQUIPMENT AND THE SERVICE OF INSTALLING SUCH SYSTEMS. FOR THE PURPOSES
OF THIS SUBDIVISION, "RESIDENTIAL ENERGY STORAGE SYSTEMS EQUIPMENT"
SHALL MEAN AN ARRANGEMENT OR COMBINATION OF COMPONENTS INSTALLED IN A
RESIDENCE THAT STORES ELECTRICITY FOR USE AT A LATER TIME TO PROVIDE
HEATING, COOLING, HOT WATER AND/OR ELECTRICITY.
(2) RECEIPTS FROM THE SALE OF ELECTRICITY BY A PERSON PRIMARILY
ENGAGED IN THE SALE OF ENERGY STORAGE SYSTEM EQUIPMENT AND/OR ELECTRIC-
ITY GENERATED BY SUCH EQUIPMENT PURSUANT TO A WRITTEN AGREEMENT UNDER
WHICH SUCH ELECTRICITY IS GENERATED BY RESIDENTIAL ENERGY SYSTEM STORAGE
EQUIPMENT THAT IS: (A) OWNED BY A PERSON OTHER THAN THE PURCHASER OF
SUCH ELECTRICITY; (B) INSTALLED ON RESIDENTIAL PROPERTY OF THE PURCHASER
OF SUCH ELECTRICITY; AND (C) USED TO PROVIDE HEATING, COOLING, HOT WATER
OR ELECTRICITY.
§ 2. This act shall take effect June 1, 2024 and shall expire and be
deemed repealed June 1, 2026.
PART QQ
Section 1. (1) Within 18 months of the effective date of this section
the New York state energy research and development authority, hereinaft-
er authority, in consultation with the department of public service, the
department of transportation, the department of motor vehicles, the New
York state thruway authority, the New York power authority, and the Long
Island power authority, the department of environmental conservation
shall conduct a needs evaluation to:
(a) consider planning for fast charger deployment along alternative
fuel corridors and major freight corridors;
(b) identify the number and location of fast chargers along priority
highway corridors and major freight corridors, including fast chargers
currently in operation and in development;
(c) estimate future need for fast charger deployment along priority
highway and major freight corridors for the purposes of (i) facilitating
the cost-effective and timely achievement of mandates under (A) article
75 of the environmental conservation law, (B) section 19-0306-b of the
environmental conservation law regarding zero-emissions vehicle sales
targets, (C) rules and regulations for zero-emissions vehicles adopted
by the commissioner of environmental conservation, and (D) other rele-
vant and applicable federal and state rules or regulations or local
S. 8308--C 99 A. 8808--C
goals to reduce transportation sector emissions; and (ii) supporting
electric vehicle adoption by consumers and fleet operators;
(d) identify the number and location of highway charging hubs, includ-
ing but not limited to thruway charging hubs and freight charging hubs,
currently in operation and in development along priority highway and
major freight corridors;
(e) estimate total charging capacity required to serve light duty,
medium duty, and heavy duty electric vehicles at each highway and
freight charging hub through 2035;
(f) identify, to the extent practicable, the number and location of
commercial and public fleet vehicles in operation, including their body
type, fuel type, model year, zip code, and other relevant information
needed to forecast the number and location of zero-emissions vehicles,
per state policy;
(g) identify the number and location of fleet charging zones;
(h) estimate future need for charging deployment and charging capacity
in the fleet charging zones, sufficient to satisfy the targets and regu-
lations identified in paragraph (c) of this subdivision;
(i) examine ways to optimize fast charger deployment among the highway
charging hubs, the freight charging hubs, and all such charging hubs,
and charging development among the fleet charging zones to reduce the
cost of interconnection, if deemed necessary, and electric distribution
and local transmission upgrades while serving projected vehicle traffic
volumes;
(j) analyze and assess the total potential costs associated with any
identified need;
(k) analyze and assess federal or state funding opportunities to mini-
mize such costs to rate payers; and
(l) identify the number and location of critical public charging sites
and estimate future need for charging deployment and charging capacity
for critical public charging sites.
(2) The authority shall develop a stakeholder engagement process to
raise consumer awareness and education across the state and solicit
feedback from the public, local government, representatives or residents
of environmental justice or disadvantaged communities, electric vehicle
manufacturers, electric vehicle supply equipment manufacturers, fleet
operators, school district transportation directors and others on the
highway and depot charging needs evaluation. To the extent practicable
and consistent with applicable timelines, the authority may coordinate
the highway and depot charging needs evaluation stakeholder input proc-
ess with the process set forth in section 1884 of the public authorities
law.
(3) The needs evaluation shall be made publicly available on the
authority's website.
(4) When conducting the needs evaluation, the following locations
shall be considered for designation as highway and/or freight charging
hubs:
(a) All thruway charging hubs.
(b) Additional sites or geographic areas based on (i) eligibility for
federal, state, or other funding opportunities, including but not limit-
ed to needs identified through the NEVI formula program planning proc-
ess, (ii) proximity to electric transmission infrastructure, (iii)
projected vehicle traffic, (iv) charging network coverage, (v) inter-
state and intrastate commerce, (vi) benefits to environmental justice
and disadvantaged communities, (vii) benefits of increased charging
accessibility in host communities, (viii) real property ownership or
S. 8308--C 100 A. 8808--C
control of potential sites, (ix) relevant commitments from site and/or
charging operators, and (x) other factors deemed relevant for the devel-
opment and successful implementation of the highway charging needs eval-
uation.
(c) Locations within one mile of the priority highway corridors,
spaced no more than fifty miles apart along the priority highway corri-
dors and reasonably accessible regardless of direction of travel.
(d) Privately operated sites which are open to the public or multiple
commercial entities that have adequate parking and amenities to serve as
a highway charging hub or freight charging hub, subject to reasonable
restrictions.
(5) When conducting the needs evaluation, the following geographic
area criteria shall be considered when determining designations as fleet
charging zones:
(a) total number of commercial and public fleet vehicles in operation
and/or total number of fleet operators in the geographic area,
(b) projected vehicle traffic in the geographic area,
(c) benefits to public fleets, such as school bus operators,
(d) benefits to environmental justice and disadvantaged communities,
(e) relevant commitments from fleet and/or site operators to install
charging equipment,
(f) available capacity on the electric distribution and local trans-
mission network to serve vehicle chargers,
(g) ensuring equitable coverage and access to fleet charging through-
out the state, and
(h) sites where private or public fleet vehicles are regularly parked,
maintained, or otherwise dispatched for service, including school bus
garages.
(6) As used in this section, the following terms shall have the
following meanings:
(a) "Alternative fuel corridors" shall mean highways designated within
the state pursuant to the national electric vehicle infrastructure
formula program under 23 U.S.C. 151 and previously designated under the
federal Fixing America's Surface Transportation Act of 2015.
(b) "Charging needs evaluation" shall mean the highway and depot
charging needs evaluation.
(c) "Critical public charging site" shall mean a priority site for the
deployment of charging infrastructure designed to support buildout of
charging in densely populated urban areas where access to charging may
be limited.
(d) "Fast charger" shall mean a direct current electric vehicle charg-
ing port which can charge at a level of at least 150 kilowatts.
(e) "Fleet charging zone" shall mean a priority geographic area for
the deployment of charging infrastructure for public and commercial
fleet operators or owners, including school bus fleets, taxi and ride-
share vehicle fleets.
(f) "Freight charging hub" shall mean a priority site for the deploy-
ment of large scale, fast charging infrastructure, which has minimum
station power capability to simultaneously provide power across at least
four ports for charging. These sites may include highway charging hubs.
(g) "Highway and depot charging needs evaluation" shall mean the needs
evaluation developed pursuant to subdivision two of this section.
(h) "Highway charging hub" shall mean a priority site for the deploy-
ment of large scale, fast charging infrastructure, which has minimum
station power capability to simultaneously provide power across four
S. 8308--C 101 A. 8808--C
ports for charging. These sites shall include but are not limited to
thruway charging hubs.
(i) "Major freight corridor" shall mean segments of the freight trans-
portation network identified by the federal highway administration that
carry more than 50,000,000 tons per year, including highway segments
that carry at least 8,500 trucks per day, additional highway segments
and parallel rail lines that together carry at least 8,500 trucks,
trailer-on-flatcar, and container-on-flatcar payloads of typically high-
value, time sensitive cargo, and rail lines and waterways that carry
fifty million tons in bulk cargo per year.
(j) "NEVI" shall mean the national electric vehicle infrastructure
program established under the federal Infrastructure Investment and Jobs
Act of 2021.
(k) "Priority highway corridor" shall mean alternative fuel corridors
and other state and county highways identified in the charging needs
evaluation as appropriate to ensure sufficient and equitable charging
access throughout the state.
(l) "Thruway charging hubs" shall mean all highway service areas
controlled, leased, owned, or operated by the New York state thruway
authority.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024.
PART RR
Section 1. Notwithstanding any law to the contrary, the state of New
York may consent to binding arbitration with respect to the interpreta-
tion of a contract, agreement, or other document or instrument or any
matter in each case set forth therein that is lawfully adopted by the
Gateway Development Commission pursuant to the Gateway Development
Commission Act, chapter 108 of the laws of 2019, with respect to phase
one of the Gateway Project as described in paragraph (h) of subdivision
2 of section 2 of that act, and to which the state of New York is a
party.
§ 2. This act shall take effect immediately.
PART SS
Section 1. This act enacts into law major components of legislation
necessary related to transparency in local economic development act.
Each component is wholly contained within a Subpart identified as
Subparts A through B. The effective date for each particular provision
contained within such Subpart is set forth in the last section of such
Subpart. Any provision in any section contained within a Subpart,
including the effective date of the Subpart, which makes a reference to
a section "of this act", when used in connection with that particular
component, shall be deemed to mean and refer to the corresponding
section of the Subpart in which it is found. Section three of this act
sets forth the general effective date of this act.
SUBPART A
Section 1. The public authorities law is amended by adding a new
section 8 to read as follows:
S. 8308--C 102 A. 8808--C
§ 8. LOCAL AUTHORITIES SEARCHABLE SUBSIDY AND ECONOMIC DEVELOPMENT
BENEFITS DATABASE. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ECONOMIC DEVELOPMENT BENEFITS" SHALL MEAN:
(I) FUNDS MADE AVAILABLE BY A LOCAL DEVELOPMENT CORPORATION FOR
ECONOMIC DEVELOPMENT, OR JOB CREATION PURPOSES INCLUDING, BUT NOT LIMIT-
ED TO, GRANTS, LOANS, AND BONDS; AND
(II) BONDS AND TAX EXEMPTIONS WHICH ARE APPLIED FOR AND PREAPPROVED OR
CERTIFIED BY OR ON BEHALF OF AN INDUSTRIAL DEVELOPMENT AGENCY FOR
ECONOMIC DEVELOPMENT.
(B) "QUALIFIED PARTICIPANT" SHALL MEAN A PROJECT OPERATOR PURSUANT TO
SECTION EIGHT HUNDRED SEVENTY-FOUR OF THE GENERAL MUNICIPAL LAW WITH A
PROJECT PURSUANT TO SECTION EIGHT HUNDRED FIFTY-FOUR OF THE GENERAL
MUNICIPAL LAW.
(C) "FULL-TIME EQUIVALENT" SHALL MEAN A UNIT OF MEASURE, WHICH IS
EQUAL TO ONE FILLED, FULL-TIME, ANNUAL-SALARIED POSITION IN A MANNER
CONSISTENT WITH FEDERAL CALCULATIONS.
(D) "THE OFFICE" SHALL MEAN THE AUTHORITIES BUDGET OFFICE.
(E) "THE DATABASE" OR "THE SEARCHABLE DATABASE" SHALL MEAN THE DATA-
BASE CREATED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
(F) "THE PROJECT" SHALL MEAN SPECIFIC WORK, ACTION, ENDEAVOR, CONTRACT
OR AGREEMENT FOR WHICH ANY ECONOMIC BENEFIT AS DEFINED IN PARAGRAPH (A)
OF THIS SUBDIVISION, IS MADE AVAILABLE OR AWARDED BY A LOCAL DEVELOPMENT
CORPORATION OR INDUSTRIAL DEVELOPMENT AGENCY TO A PERSON, BUSINESS,
LIMITED LIABILITY CORPORATION OR ANY OTHER ENTITY.
2. NOTWITHSTANDING ANY LAWS TO THE CONTRARY, THE OFFICE SHALL CREATE A
SEARCHABLE DATABASE, DISPLAYING DATA REGARDING ECONOMIC DEVELOPMENT
BENEFITS THAT A QUALIFIED PARTICIPANT HAS BEEN AWARDED. SUCH SEARCHABLE
DATABASE SHALL INCLUDE THE FOLLOWING DATA, FEATURES AND FUNCTIONALITY TO
THE EXTENT PRACTICABLE:
(A) THE ABILITY TO SEARCH THE DATABASE BY EACH OF THE REPORTED INFOR-
MATION FIELDS;
(B) THE ABILITY TO BE SEARCHABLE, DOWNLOADABLE, AND POSTED ON A
PUBLICLY ACCESSIBLE WEBSITE AS WELL AS REFERENCED ON THE OFFICE'S
WEBSITE, WITH A DIRECT LINK TO THE DATABASE;
(C) THE ABILITY TO DIGITALLY SELECT DEFINED INDIVIDUAL FIELDS CORRE-
SPONDING TO ANY OF THE REPORTED INFORMATION FROM QUALIFIED PARTICIPANTS
TO CREATE UNIQUE DATABASE VIEWS;
(D) THE ABILITY TO DOWNLOAD THE DATABASE IN ITS ENTIRETY, OR IN PART,
IN A COMMON MACHINE READABLE FORMAT;
(E) A DEFINITION OR DESCRIPTION OF TERMS FOR FIELDS IN THE DATABASE;
(F) A SUMMARY OF EACH SEPARATE ECONOMIC DEVELOPMENT BENEFIT DEFINED IN
PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION AWARDED TO QUALIFIED
PARTICIPANTS;
(G) A USER-FRIENDLY GUIDE TO OUTLINE THE FEATURES AND FUNCTIONALITY OF
THE DATABASE;
(H) A DEDICATED EMAIL ACCOUNT FOR THE PUBLIC TO DIRECT QUESTIONS
RELATED TO THE DATABASE, AND THE OFFICE MAILING ADDRESS, OFFICE TELE-
PHONE NUMBER, AND NAME OF THE CHIEF OFFICER;
(I) THE FOLLOWING DATA ON LOCAL DEVELOPMENT CORPORATIONS SHALL BE
INCLUDED:
(I) RELATING TO GRANTS, THE SOURCE OF FUNDS FOR THE GRANT, THE NAME
AND ADDRESS OF THE ENTITY THAT RECEIVED THE GRANT, THE DATE AND AMOUNT
AWARDED, HOW THE GRANT FUNDS WILL BE USED, WHETHER THE GRANT PROCEEDS
WERE EXPECTED TO RESULT IN NEW JOBS BEING CREATED, AND IF SO, HOW MANY
S. 8308--C 103 A. 8808--C
JOBS WERE PLANNED TO BE CREATED AND HOW MANY JOBS HAVE BEEN CREATED TO
DATE;
(II) RELATING TO LOANS, THE SOURCE OF FUNDS FOR THE LOAN, THE NAME AND
ADDRESS OF THE ENTITY THAT RECEIVED THE LOAN, THE DATE AND AMOUNT
AWARDED, THE LOAN INTEREST RATE, THE LENGTH OF THE LOAN IN YEARS, THE
AMOUNT REPAID TO DATE, HOW THE LOAN FUNDS WILL BE USED, AND WHETHER THE
LOAN WAS PROVIDED TO THE RECIPIENT FOR THE PURPOSE OF CREATING JOBS, AND
IF SO, HOW MANY JOBS WERE PLANNED TO BE CREATED AND HOW MANY JOBS HAVE
BEEN CREATED TO DATE; AND
(III) RELATING TO BONDS, THE NAME AND ADDRESS OF THE RECIPIENT OF THE
BOND PROCEEDS, THE AMOUNT AND DATE OF THE BOND ISSUANCE, THE BOND INTER-
EST RATE, THE YEAR THE BONDS ARE EXPECTED TO BE FULLY RETIRED, THE
AMOUNT OF BOND PRINCIPAL RETIRED DURING THE REPORTING PERIOD, HOW THE
BOND PROCEEDS ARE USED, WHETHER THE BOND PROCEEDS WERE PROVIDED TO THE
RECIPIENT TO CREATE JOBS, AND IF SO, HOW MANY JOBS WERE PLANNED TO BE
CREATED AND HOW MANY JOBS HAVE BEEN CREATED TO DATE; AND
(J) THE FOLLOWING DATA ON INDUSTRIAL DEVELOPMENT AGENCY PROJECTS SHALL
BE INCLUDED:
(I) PROJECT NAME, PROJECT TYPE, PROJECT LOCATION, AND THE PROJECT'S
COMPLETE ADDRESS, INCLUDING THE POSTAL CODE IN A SEPARATE AND SEARCHABLE
FIELD;
(II) WHETHER THE PROJECT IS PART OF ANOTHER PHASE OR MULTI PHASE, THE
CATEGORY OF THE PROJECT PURPOSE, THE TOTAL PROJECT AMOUNT, THE BENEFITED
PROJECT AMOUNT, IF THE PROJECT TYPE WAS A BOND, THE BOND AMOUNT, IF THE
PROJECT TYPE WAS A LEASE, THE LEASE AMOUNT, WHETHER THE QUALIFIED RECIP-
IENT IS A NOT-FOR-PROFIT, THE DATE THE PROJECT WAS APPROVED, WHETHER THE
INDUSTRIAL DEVELOPMENT AGENCY TOOK TITLE TO A PROPERTY, AND IF SO, THE
DATE THAT TITLE WAS TAKEN, AND THE YEAR FINANCIAL ASSISTANCE IS PLANNED
TO END;
(III) THE QUALIFIED PARTICIPANT'S NAME AND THE QUALIFIED PARTICIPANT'S
COMPLETE ADDRESS, INCLUDING THE POSTAL CODE IN A SEPARATE AND SEARCHABLE
FIELD;
(IV) THE AMOUNT OF PROJECT TAX EXEMPTIONS GRANTED, INCLUDING FOR
STATE SALES TAX, LOCAL SALES TAX, COUNTY REAL PROPERTY TAX, LOCAL PROP-
ERTY TAX, SCHOOL PROPERTY TAX, MORTGAGE RECORDING TAX, THE TOTAL
EXEMPTIONS, AND THE TOTAL EXEMPTIONS NET OF REAL PROPERTY TAX LAW
SECTION FOUR HUNDRED EIGHTY-FIVE-B;
(V) THE AMOUNT OF PAYMENTS IN LIEU OF TAXES AGREED UPON AND ACTUALLY
MADE TO THE COUNTY, LOCAL MUNICIPALITY, OR SCHOOL DISTRICT, THE TOTAL
AMOUNT OF PAYMENTS IN LIEU OF TAXES AGREED UPON AND ACTUALLY MADE, AND
THE NET EXEMPTIONS ONCE THE PAYMENTS IN LIEU OF TAXES ARE SUBTRACTED
FROM THE TOTAL PROJECT TAX EXEMPTIONS; AND
(VI) THE TOTAL NUMBER OF EMPLOYEES FOR THE PROJECT PRIOR TO INDUSTRIAL
DEVELOPMENT AGENCY STATUS, ESTIMATE OF JOBS TO BE CREATED, AVERAGE ESTI-
MATED ANNUAL SALARY OF JOBS TO BE CREATED, ANNUALIZED SALARY RANGE OF
JOBS TO BE CREATED, ORIGINAL ESTIMATE OF JOBS TO BE RETAINED, ESTIMATED
AVERAGE ANNUAL SALARY OF JOBS TO BE RETAINED, CURRENT NUMBER OF FULL-
TIME EQUIVALENTS, NUMBER OF FULL-TIME EQUIVALENT CONSTRUCTION JOBS
DURING THE REPORTING FISCAL YEAR, AND THE NET EMPLOYMENT CHANGE.
3. THE OFFICE SHALL SUBMIT A QUARTERLY REPORT TO THE GOVERNOR, TEMPO-
RARY PRESIDENT OF THE SENATE, AND SPEAKER OF THE ASSEMBLY OUTLINING KEY
USAGE STATISTICS OF THE DATABASE CREATED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION INCLUDING, BUT NOT LIMITED TO, THE TOTAL NUMBER OF UNIQUE
USERS THAT QUARTER.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
S. 8308--C 104 A. 8808--C
SUBPART B
Section 1. The public authorities law is amended by adding a new
section 2829 to read as follows:
§ 2829. STATE AND LOCAL AUTHORITIES SUBJECT TO THE OPEN MEETINGS AND
FREEDOM OF INFORMATION LAWS. ALL STATE AND LOCAL AUTHORITIES, AS SUCH
TERMS ARE DEFINED IN SECTION TWO OF THIS CHAPTER, AS WELL AS ALL SUBSID-
IARIES OF SUCH STATE AND LOCAL AUTHORITIES, AS SUCH TERMS ARE DEFINED IN
SECTION TWO OF THIS CHAPTER, SHALL BE SUBJECT TO THE PROVISIONS OF ARTI-
CLES SIX AND SEVEN OF THE PUBLIC OFFICERS LAW RELATING TO THE FREEDOM OF
INFORMATION AND OPEN MEETINGS LAWS RESPECTIVELY. ALL STATE AND LOCAL
AUTHORITIES, AS WELL AS ALL SUBSIDIARIES OF SUCH STATE AND LOCAL AUTHOR-
ITIES, SHALL, TO THE EXTENT PRACTICABLE, STREAM ALL OPEN MEETINGS AND
PUBLIC HEARINGS ON THEIR WEBSITE IN REAL-TIME, POST VIDEO RECORDINGS OF
ALL OPEN MEETINGS AND PUBLIC HEARINGS ON THEIR WEBSITE WITHIN FIVE BUSI-
NESS DAYS OF THE MEETING OR HEARING AND MAINTAIN SUCH RECORDINGS FOR A
PERIOD OF NOT LESS THAN FIVE YEARS.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, subpart or part of this act shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall not
affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivi-
sion, section, subpart or part thereof directly involved in the contro-
versy in which such judgment shall have been rendered. It is hereby
declared to be the intent of the legislature that this act would have
been enacted even if such invalid provisions had not been included here-
in.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through B of this act shall
be as specifically set forth in the last section of such Subpart.
PART TT
Section 1. This part enacts into law components of legislation relat-
ing to the establishment of the New York state empire artificial intel-
ligence research program. Each component is wholly contained within a
Subpart identified as Subparts A through B. The effective date for each
particular provision contained within such Subpart as set forth in the
last section of such Subpart. Any provision in any section contained
within a Subpart, including the effective date of the Subpart, which
makes a reference to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Subpart in which it is found. Section three
of this act sets forth the general effective date of this act.
SUBPART A
Section 1. The economic development law is amended by adding a new
section 361 to read as follows:
§ 361. NEW YORK STATE EMPIRE ARTIFICIAL INTELLIGENCE RESEARCH PROGRAM.
1. DEFINITIONS. WHENEVER USED IN THIS SECTION:
(A) "DIVISION" SHALL MEAN THE DIVISION OF SCIENCE, TECHNOLOGY, AND
INNOVATION WITHIN THE DEPARTMENT.
S. 8308--C 105 A. 8808--C
(B) "EMPIRE AI CONSORTIUM" OR "THE CONSORTIUM" SHALL BE THE NOT-FOR-
PROFIT CORPORATION CREATED TO CONSTRUCT AND MANAGE THE INSTITUTE.
(C) "INSTITUTE" SHALL MEAN THE EMPIRE AI RESEARCH INSTITUTE AT THE
UNIVERSITY OF BUFFALO ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS
SECTION.
2. EMPIRE AI RESEARCH INSTITUTE AT THE UNIVERSITY OF BUFFALO. A STATE-
OWNED RESEARCH AND COMPUTING FACILITY AT THE STATE UNIVERSITY OF NEW
YORK AT BUFFALO SHALL BE ESTABLISHED, TO BE KNOWN AS THE EMPIRE AI
RESEARCH INSTITUTE, TO PROMOTE RESPONSIBLE RESEARCH AND DEVELOPMENT TO
ADVANCE THE ETHICAL AND PUBLIC INTEREST USES OF ARTIFICIAL INTELLIGENCE
TECHNOLOGY IN THE STATE. THE INSTITUTE SHALL BE OPERATED AND MANAGED BY
THE CONSORTIUM. CONSTRUCTION OF THE INSTITUTE SHALL BE COMPLETED BY THE
UNIVERSITY AT BUFFALO, ITS AFFILIATES OR RELATED ENTITIES AT THE DIREC-
TION OF THE CONSORTIUM, OR THE CONSORTIUM.
3. LABOR STANDARDS. ANY CONSTRUCTION PROJECT DONE PURSUANT TO THIS
SECTION OR USING THE MONEYS APPROPRIATED BY NEW YORK STATE FOR THE
PURPOSES OF THIS SECTION, SHALL REQUIRE THE USE OF A PROJECT LABOR
AGREEMENT, AS DEFINED IN SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-
TWO OF THE LABOR LAW, FOR ALL CONTRACTORS AND SUBCONTRACTORS ON THE
PROJECT, CONSISTENT WITH PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO
HUNDRED TWENTY-TWO OF THE LABOR LAW.
4. ENERGY EFFICIENCY. THE DIVISION, IN COOPERATION WITH THE URBAN
DEVELOPMENT CORPORATION AND THE EMPIRE AI CONSORTIUM, SHALL WORK WITH
THE POWER AUTHORITY OF NEW YORK, THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY, AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
TO ENSURE A RELIABLE AND SUFFICIENT CLEAN ENERGY SUPPLY FOR THE INSTI-
TUTE, TO MAXIMIZE THE ENERGY EFFICIENCY OF THE FACILITY OR FACILITIES
AND EQUIPMENT OF THE INSTITUTE, AND MINIMIZE EMISSIONS AND NEGATIVE
ENVIRONMENTAL IMPACTS, INCLUDING FROM THE USE OF FRESHWATER RESOURCES,
FROM CONSTRUCTING, OPERATING, AND OF MAINTAINING THE INSTITUTE.
§ 2. Section 1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended by adding a
new section 16-ii to read as follows:
§ 16-II. EMPIRE AI CONSORTIUM REPORTS. BEGINNING MAY FIRST, TWO THOU-
SAND TWENTY-SEVEN, AND ANNUALLY THEREAFTER, THE CORPORATION SHALL
PREPARE AND PUBLISH ON ITS WEBSITE, AN ANNUAL REPORT ON THE EMPIRE AI
RESEARCH INSTITUTE AT THE UNIVERSITY OF BUFFALO. SUCH REPORT SHALL
INCLUDE BUT NOT BE LIMITED TO: DETAIL ON ACHIEVING THE GOALS AND MISSION
OF THE EMPIRE AI RESEARCH INSTITUTE AT THE UNIVERSITY OF BUFFALO, A
SUMMARY OF THE STATE INVESTMENT INTO THE EMPIRE AI RESEARCH INSTITUTE AT
THE UNIVERSITY OF BUFFALO, THE LEVERAGED INVESTMENT, JOB CREATION
IMPACT, THE TOTAL INVESTMENT, TOTAL FUNDING DISBURSED BY THE CORPORATION
TO DATE, THE NAMES OF THE PRIVATE SECTOR AND ACADEMIC PARTNERS THAT
PARTICIPATE IN THE EMPIRE AI RESEARCH INSTITUTE AT THE UNIVERSITY OF
BUFFALO AND AFFIRMATION THAT ANY AND ALL ACADEMIC PARTNERS ARE RECOG-
NIZED BY THE BOARD OF REGENTS AS DEFINED IN SECTION TWO HUNDRED TWO OF
THE EDUCATION LAW, A LIST OF RESEARCH AREAS OF FOCUS, AN ACCOUNTING OF
THE TOTAL NUMBER OF SMALL BUSINESSES PROVIDED ACCESS TO THE SUPERCOMPUT-
ING EQUIPMENT, AN ASSESSMENT OF WHETHER OR NOT THE CONTRACT AWARDEE, VIA
THE CORPORATION, IS IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE
CONTRACT WITH REGARD TO THE EMPIRE AI RESEARCH INSTITUTE AT THE UNIVER-
SITY OF BUFFALO, AN ARTICULATION OF ANY ADDITIONAL STATE BENEFITS FOR
EMPIRE STATE DEVELOPMENT PROJECTS AS DEFINED IN PARAGRAPH (A-3) OF
SUBDIVISION ONE OF SECTION FIFTY-EIGHT OF THIS CHAPTER. ADDITIONALLY, IN
ALL YEARS IN WHICH THE INSTITUTE IS FULLY OPERATIONAL, SUCH REPORT SHALL
S. 8308--C 106 A. 8808--C
INCLUDE NOTEWORTHY PROJECTS OR INNOVATIONS WHICH SERVE TO HIGHLIGHT THE
DEVELOPMENTS OCCURRING IN NEW YORK STATE AS A RESULT OF THE PROJECT.
§ 3. Provisions related to the empire AI consortium. 1. As used in
this section, the terms "consortium", "institute" or "division" shall
have the same meaning as provided in section 361 of the economic devel-
opment law.
2. Plan of operation. No later than one year after the incorporation
of the empire AI consortium, the consortium shall file with the division
its plan of operation, which shall be designed to assure the fair,
responsible, reasonable, and equitable administration of the consortium.
A copy of the plan shall be submitted to the governor, the temporary
president of the senate and the speaker of the assembly. The plan of
operation shall at minimum, in addition to any requirements enumerated
elsewhere in law, establish:
(a) the mission of the consortium and principles of ethical use of
artificial intelligence technologies;
(b) procedures for application and approval of new members and policy
regarding rights and responsibilities of a member of the consortium;
(c) adequate privacy controls to ensure the privacy and confidentiali-
ty of individuals' personal data; and
(d) adequate cybersecurity controls to ensure the confidentiality,
integrity, and availability of systems and data.
3. Financial oversight of the consortium. No later than May first of
each year after the incorporation of the consortium, the consortium
shall submit to the governor, the temporary president of the senate, the
speaker of the assembly, and the director of budget, the certified
financial statements prepared in accordance with generally accepted
accounting principles by a certified public accountant. The consortium
shall be required on and after January first of each year to afford the
certified public accountant convenient access at all reasonable hours to
all books, records, and other documents, including but not limited to
invoices and vouchers, necessary or useful in the preparation of such
statements and in the verification of the monthly statements submitted
to the consortium.
§ 4. This act shall take effect immediately; provided, however, that
section three of this act shall expire and be deemed repealed five years
after such date.
SUBPART B
Section 1. Legislative findings. The legislature finds that the state
university of New York at Buffalo ("UB") seeks to use a portion of the
grounds and facilities on UB's campus for the purposes of the empire AI
consortium to create and launch a state-of-the-art artificial intelli-
gence computing center. The legislature further finds that housing this
consortium on the UB campus will allow the consortium to bring together
artificial intelligence researchers and scientists to accelerate
research and innovation. Finally, the legislature finds that granting
the trustees of the state university of New York the authority and power
to lease and otherwise contract to make available such grounds and
facilities for such purpose will serve the interests of the people of
New York state by expanding educational and research opportunities,
spurring innovation, and strengthening the economy.
§ 2. Notwithstanding any other law to the contrary, the state univer-
sity trustees are authorized and empowered, without any public bidding,
to lease and otherwise contract to make available to the empire AI
S. 8308--C 107 A. 8808--C
consortium (the "ground lessee") a portion of the lands of the universi-
ty generally described in this act for the purpose of developing,
constructing, maintaining and operating a facility situated on the
campus of the state university of New York at Buffalo for use by the
empire AI consortium, an artificial intelligence data science technology
hub and computing center. The lease shall permit the construction of a
facility by the university at Buffalo, its affiliates or related enti-
ties at the direction of the consortium, or the empire AI consortium.
Notwithstanding anything in this act to the contrary, the empire AI
consortium and/or any subsidiary of such consortium is specifically
authorized to operate on the leased real property. Such lease or
contract shall be without any fee simple conveyance and otherwise upon
terms and conditions determined by such trustees, subject to the
approval of the director of the division of the budget, the attorney
general and the state comptroller. In the event that the real property
that is the subject of such lease or contract shall cease to be used for
the purpose described in this act, such lease or contract shall imme-
diately terminate, and the real property and any improvements thereon
shall revert to the state university of New York. Any lease or contract
entered into pursuant to this act shall be for a period not exceeding
twenty years, and provide that the real property that is the subject of
such lease or contract and any improvements thereon shall revert to the
state university of New York on the expiration of such contract or
lease.
§ 3. Any contract or lease entered into pursuant to this act shall be
deemed to be a state contract for purposes of article 15-A of the execu-
tive law, and any contractor, subcontractor, lessee or sublessee enter-
ing into such contract or lease for the construction, demolition, recon-
struction, excavation, rehabilitation, repair, renovation, alteration or
improvement authorized pursuant to this act shall be deemed a state
agency for the purposes of article 15-A of the executive law and subject
to the provisions of such article.
§ 4. Notwithstanding any general, special or local law or judicial
decision to the contrary, all work performed on a project authorized by
this act where all or any portion thereof involves a lease or agreement
for construction, demolition, reconstruction, excavation, rehabili-
tation, repair, renovation, alteration or improvement shall be deemed
public work and shall be subject to and performed in accordance with the
provisions of article 8 of the labor law to the same extent and in the
same manner as a contract of the state, and compliance with all the
provisions of article 8 of the labor law shall be required of any
lessee, sublessee, contractor or subcontractor on the project, including
the enforcement of prevailing wage requirements by the fiscal officer as
defined in paragraph e of subdivision 5 of section 220 of the labor law
to the same extent as a contract of the state.
§ 5. Notwithstanding any law, rule or regulation to the contrary, the
state university of New York shall not contract out to the ground lessee
or any subsidiary for the instruction or any pedagogical functions or
services, or any administrative services, and similar professional
services currently being exclusively performed by state employees. All
such functions and services shall be performed by state employees pursu-
ant to the civil service law. Nothing in this act shall result in the
displacement of any currently employed state worker or the loss of posi-
tion (including partial displacement such as reduction in the hours of
non-overtime, wages or employment benefits), or result in the impairment
of existing contracts for services or collective bargaining rights
S. 8308--C 108 A. 8808--C
pursuant to existing agreements. All positions currently at the state
university of New York in the unclassified service of the civil service
law shall remain in the unclassified service.
§ 6. For the purposes of this act:
(a) "Project" shall mean work at the property authorized by this act
to be leased to the ground lessee as described in section twelve of this
act that involves the design, construction, reconstruction, demolition,
excavation, rehabilitation, repair, renovation, alteration or improve-
ment of such property.
(b) "Project labor agreement" shall mean a pre-hire collective
bargaining agreement between a contractor and a labor organization,
establishing the labor organization as the collective bargaining repre-
sentative for all persons who will perform work on the project, and
which provides that only contractors and subcontractors who sign a pre-
negotiated agreement with the labor organization can perform project
work.
§ 7. Nothing in this act shall be deemed to waive or impair any rights
or benefits of employees of the state university of New York that other-
wise would be available to them pursuant to the terms of agreements
between the certified representatives of such employees and the state of
New York pursuant to article 14 of the civil service law, and all work
performed on such property that ordinarily would be performed by employ-
ees subject to article 14 of the civil service law shall continue to be
performed by such employees.
§ 8. Notwithstanding the provisions of any general, special, or local
law or judicial decision to the contrary, the ground lessee shall
require the use of a project labor agreement, as defined in subdivision
one of section two hundred twenty-two of the labor law, for all contrac-
tors and subcontractors on the project, consistent with paragraph (a) of
subdivision 2 of section 222 of the labor law.
§ 9. Without limiting the determination of the terms and conditions of
such contracts or leases, such terms and conditions may provide for
leasing, subleasing, construction, reconstruction, rehabilitation,
improvement, operation and management of and provision of services and
assistance and the granting of licenses, easements and other arrange-
ments with regard to such grounds and facilities by the ground lessee,
and parties contracting with the ground lessee, and in connection with
such activities, the obtaining of funding or financing, whether public
or private, unsecured or secured (including, but not limited to, secured
by leasehold mortgages and assignments of rents and leases), by the
ground lessee and parties contracting with the ground lessee for the
purposes of completing the project described in this act.
§ 10. Such lease shall include an indemnity provision whereby the
lessee or sublessee promises to indemnify, hold harmless and defend the
lessor against all claims, suits, actions, and liability to all persons
on the leased premises, including tenant, tenant's agents, contractors,
subcontractors, employees, customers, guests, licensees, invitees and
members of the public, for damage to any such person's property, whether
real or personal, or for personal injuries arising out of tenant's use
or occupation of the demised premises.
§ 11. Any construction contracts entered into pursuant to this act
between the ground lessee and parties contracting with the ground lessee
shall be awarded by a competitive process.
§ 12. The property authorized by this act to be leased to the ground
lessee is generally described as within one of two parcels of real prop-
erty with improvements thereon consisting of a total of approximately
S. 8308--C 109 A. 8808--C
3.13 acres situated on the campus of the state university of New York at
Buffalo. The description in this section of the parcels that may be made
available pursuant to this act is not meant to be a legal description,
but is intended only to identify the parcels:
PARCEL 1
Beginning at a point identified as X coordinate -78.79788341 and Y coor-
dinate 42.99251367;
Running thence approximately east for a distance of 400 feet to a point
identified as X coordinate -78.79638843 and Y coordinate 42.99251637;
Running thence approximately south for a distance of 200 feet to a point
identified as X coordinate -78.79638612 and Y coordinate 42.99196762;
Running thence approximately west for a distance of 400 feet to a point
identified as X coordinate -78.79788117 and Y coordinate 42.99196493;
and
Running thence approximately north for a distance of 200 feet to the
point or place of beginning.
Containing 80,000 sq. ft. (1.84 acres), more or less. Subject to all
existing easements and restrictions of record.
PARCEL 2
Beginning at a point identified as X coordinate -78.78973207 and Y coor-
dinate 42.99481553;
Running thence approximately east for a distance of 450 feet to a point
identified as X coordinate -78.78808744 and Y coordinate 42.99481837;
Running thence approximately south for a distance of 125 feet to a point
identified as X coordinate -78.78808635 and Y coordinate 42.9944754;
Running thence approximately west for a distance of 450 feet to a point
identified as X coordinate -78.78973097 and Y coordinate 42.99447256;
and
Running thence approximately north for a distance of 125 feet to the
point or place of beginning.
Containing 56,250 sq. ft. (1.29 acres), more or less. Subject to all
existing easements and restrictions of record.
In the event that the trustees of the state university of New York
determine that it is in the best interests of the state to utilize a
different parcel on the campus of the state university of New York at
Buffalo for the purposes set out in this act, they are authorized to do
so upon sixty days notice to the director of the budget, the secretary
of the senate finance committee, and the secretary of the assembly ways
and means committee.
S. 8308--C 110 A. 8808--C
§ 13. The state university of New York shall not lease lands described
in this act unless any such lease shall be executed within 5 years of
the effective date of this act.
§ 14. Insofar as the provisions of this act are inconsistent with the
provisions of any law, general, special or local, the provisions of this
act shall be controlling.
§ 15. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or subpart of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or subpart thereof directly involved in the controversy in which such
judgment shall have been rendered. It is hereby declared to be the
intent of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through B of this act shall
be as specifically set forth in the last section of such Subparts.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgement shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through TT of this act shall be
as specifically set forth in the last section of such Parts.
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