Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Apr 12, 2016 |
signed chap.58 |
Apr 01, 2016 |
delivered to governor |
Mar 31, 2016 |
returned to assembly passed senate 3rd reading cal.516 message of necessity - 3 day message substituted for s6408c |
Mar 31, 2016 |
substituted by a9008c ordered to third reading cal.516 |
Mar 30, 2016 |
print number 6408c |
Mar 30, 2016 |
amend (t) and recommit to finance |
Mar 12, 2016 |
print number 6408b |
Mar 12, 2016 |
amend (t) and recommit to finance |
Feb 16, 2016 |
print number 6408a |
Feb 16, 2016 |
amend (t) and recommit to finance |
Jan 14, 2016 |
referred to finance |
Senate Bill S6408
Signed By Governor2015-2016 Legislative Session
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2016-2017 state fiscal year
download bill text pdfSponsored By
There are no sponsors of this bill.
Archive: Last Bill Status Via A9008 - 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: Mar 31, 2016
aye (62)- Addabbo Jr.
- Akshar
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Diaz
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Martins
- Montgomery
- Murphy
- Nozzolio
- O'Mara
- Ortt
- Panepinto
- Parker
- Peralta
- Perkins
- Persaud
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Squadron
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
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Mar 31, 2016 - Finance Committee Vote
S640830Aye0Nay7Aye with Reservations0Absent0Excused0Abstained-
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Finance Committee Vote: Mar 31, 2016
aye (30)aye wr (7)
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Bill Amendments
2015-S6408 - Details
- See Assembly Version of this Bill:
- A9008
- Law Section:
- Budget Bills
2015-S6408 - Summary
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2016-2017 state fiscal year; intentionally omitted (Part A); intentionally omitted (Part B); intentionally omitted (Part C)
2015-S6408 - Sponsor Memo
BILL NUMBER: S6408 TITLE OF BILL : An act to amend public authorities law, in relation to committing the state of New York and the city of New York to partially fund part of the costs of the Metropolitan Transportation Authority's capital program (Part A); to amend the public authorities law, in relation to procurements by the New York City transit authority and the metropolitan transportation authority; and to amend the insurance law, in relation to extending owner controlled insurance programs in certain instances (Part B); to amend the public authorities law and the general municipal law, in relation to the New York transit authority and the metropolitan transportation authority (Part C); to amend the vehicle and traffic law and the state finance law, in relation to the dedication of revenues and the costs of the department of motor vehicles; 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; to repeal subdivision 2 of section 89-g of the state finance law relating to funds to be placed into the accident prevention course internet, and other technology pilot program fund; and to repeal certain provisions of the state finance law relating to the motorcycle safety fund (Part D); to amend the vehicle and traffic law, in relation to farm vehicles and covered farm vehicles and to expand the scope of the P endorsement
(Part E); to amend the New York state urban development corporation act, in relation to extending certain provisions relating to the empire state economic development fund (Part F); 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 the effectiveness thereof (Part G); to establish the Transformational Economic Development Infrastructure and Revitalization Projects act (Part H); to authorize and direct the New York state energy research and development authority to make a payment to the general fund of up to $913,000 (Part I); to authorize the New York state energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY programs, and to finance the department of environmental conservation's climate change program, from an assessment on gas and electric corporations (Part J); to authorize the department of health to finance certain activities with revenues generated from an assessment on cable television companies (Part K); to amend the public service law, in relation to authorizing the department of public service to increase program efficiencies (Part L); to amend chapter 21 of the laws of 2003, amending the executive law, relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, in relation to extending the expiration date thereof (Part M); to amend the business corporation law, the cooperative corporations law, the executive law, the general associations law, the general business law, the limited liability company law, the not-for-profit corporation law, the partnership law, the private housing finance law, the real property law and the tax law, in relation to streamlining the process by which service of process is served against a corporate or other entity with the secretary of state; and to repeal certain provisions of the real property law relating thereto (Part N); to amend the general business law, the tax law, and the alcoholic beverage control law, in relation to authorized combative sports and to the costs of boxer medical examinations; and to repeal chapter 912 of the laws of 1920, relating to the regulation of boxing, sparring, and wrestling (Part O); 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 P); to amend the public authorities law, the canal law, the state finance law, the public officers law, the transportation law, and the parks, recreation and historic preservation law, in relation to eliminating the canal corporation; and to repeal certain provisions of the public authorities law and the public officers law relating thereto (Part Q); to establish the private activity bond allocation act of 2016; to amend the public authorities law in relation to the powers, functions and duties of the New York state public authorities control board; and to repeal the private activity bond allocation act of 2014 (Part R); to amend the New York state urban development corporation act, in relation to transferring the statutory authority for the promulgation of marketing orders from the department of agriculture and markets to the New York state urban development corporation; to repeal certain provisions of the agriculture and markets law relating to the marketing of agricultural products; and providing for the repeal of such provisions upon expiration thereof (Part S); to amend the environmental conservation law, in relation to mandatory tire acceptance (Part T); to amend the state finance law, in relation to creating a new climate change mitigation and adaptation account in the environmental protection fund; to amend the environmental conservation law, in relation to local waterfront revitalization programs; and to amend the executive law, in relation to payments for local waterfront revitalization programs (Part U); and to amend the navigation law, in relation to the authorized reimbursement rate paid to governmental entities (Part V) PURPOSE : This bill contains provisions needed to implement the Transportation, Economic Development and Environmental Conservation portions of the 2016-17 Executive Budget. This memorandum describes Parts A through N the bill which are described wholly within the parts listed below. Part A - Commits the State of New York and the City of New York to fund $10.828 billion of the MTA's 2015-2019 Capital Program PURPOSE : This bill would establish the "Metropolitan Transportation Authority (MTA) Capital Financing Act of 2016", and would commit the State of New York and the City of New York to fund, over a multi-year period, $10.828 billion in capital costs related to projects found in the MTA's 2015-2019 Capital Program. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : This bill would commit the State to fund $8.336 billion in capital costs of the MTA Capital Program, including $1.0 billion of previously enacted appropriations. It would also commit the City to fund $2.492 billion in capital costs of the MTA Program, including $657 million from 2015-19. Finally, the bill would increase the MTA's bond cap so the MTA may raise funds to provide for elements of its 2015-2019 Capital Plan. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 Executive Budget because it provides the MTA with greater certainty regarding the funding sources that are available to pay for its 2015-2019 Capital Plan. EFFECTIVE DATE : This bill would take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2016. Part B MTA procurement reforms to create savings for their 2015-19 Capital Plan PURPOSE : This bill would create savings and speed procurements for the Metropolitan Transportation Authority (MTA) for the 2015-19 capital program. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : This bill would create MTA savings in the following ways: *Removes newspaper advertising requirements for biddings; *Expands the use of reverse auctions using electronic bidding; *Re-establishes ability to dispose of assets by public auction; *Raises competitive sealed bidding thresholds on purchase contracts from $15K to $100K, and on public work contracts from $25K to $100K; *Raises competitive bidding requirement for contracts under $400K with small businesses, minority or women business enterprises, service disabled veteran owned businesses, and for purchases of recycled goods; *Increases threshold for Board approval of service contracts from $20K to $100K, and eliminates second-approval requirement; *Expedites OSC contract reviews; and *Expands owner-controlled insurance programs to bus facilities, and bridge and tunnel projects BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 Executive Budget because it creates MTA savings of over $4 million annually, thus helping to ensure that State assistance to the MTA is used as efficiently as possible. EFFECTIVE DATE : This bill would take effect immediately. Part C - Project delivery reforms which generate savings throughout the MIA's 2015-19 Capital Plan period PURPOSE : This bill would help the Metropolitan Transportation Authority (MTA) to efficiently deliver the 2015-19 Capital Plan, and would save taxpayer dollars, by giving the MTA new project delivery and financing tools, flexibility to innovate, and methods to cut capital project costs and maximize revenues. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : In its 2015 report, the MTA Transportation Reinvention Commission provided several recommendations to make the MTA more efficient, integrated, and accountable. The recommendations also identified ways to maximize MTA revenues, and to expand the use of innovative project delivery tools including design-build and public-private partnerships for capital projects. This bill would help the MTA achieve those goals in several ways: *Utility relocation cost allocation - Requires public utilities to perform and bear the cost of utility relocation work as they do for other public construction projects; *Innovative capital project delivery - Allows the MTA to enter into public-private partnerships to design, build, finance, or operate transportation projects, including acceptance of unsolicited proposals; *Value capture financing - Authorizes the MTA to cooperate with local governments to capture the value of MTA improvements through special assessments or tax-increment programs; *Local government regulation - Limits local jurisdiction over MTA facilities, including those facilities developed through joint arrangements that generate MTA revenue; *Land-banking for future use - Gives the MTA the flexibility to acquire land in advance of future projects; *Real property disposition - Allows for negotiated real property transfers or exchanges needed to pursue projects; *Streamlined environmental review - Expands the existing SEQRA exemption for the acquisition or use of land located adjacent to existing MTA facilities; and *Maximize advertising revenue - Limits local government authority to tax or interfere with revenue-generating MTA advertising. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 Executive Budget because it maximizes taxpayer value as the MTA utilizes the $8.336 billion State contribution (32%) to the MTA's $26.1 billion 2015-2019 capital plan, with savings up to $375 million over the course of the plan. EFFECTIVE DATE : This bill would take effect immediately. Part D - Consolidates four existing Department of Motor Vehicles' Special Revenue Funds within the Dedicated Highway and Bridge Trust Fund (DHBTF) PURPOSE : This bill consolidates the Department of Motor Vehicles (DMV) Seized Assets Fund, Compulsory Insurance Fund, Internet Point Insurance Reduction Program (IPIRP) Fund, and the Motorcycle Safety Fund into the Dedicated Highway and Bridge Trust Fund (DHBTF) by redirecting the revenues of those funds into the DHBTF with the intent of financing the programs from DHBTF appropriations beginning in 2016-17. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : This bill would consolidate the activities subsidized by the DMV Seized Assets Fund, Compulsory Insurance Fund, IPIRP Fund, and the Motorcycle Safety Fund within the DHBTF, thereby reducing the number of accounts and increasing programmatic flexibility. Revenues from these funds would henceforth be deposited into the DHBTF, and would therefore contribute to maintaining the DHBTF's debt service coverage ratio. This bill amends Sections 318, 410, 423, 503, and Article 12-c of Vehicle and Traffic Law and Sections 89-b, 89-g, and 92-g of State Finance Law by altering the disposition of revenues from the DMV Seized Assets Fund, Compulsory Insurance Fund, IPIRP Fund, and the Motorcycle Safety Fund to the DHBTF. Additionally, the bill amends the May 31, 2019 sunset of IPIRP, extending it to April 1, 2020 since the Motorcycle Safety Fund has that same sunset. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 Executive Budget to reduce the number of funds, improve programmatic flexibility and achieve an annual $5.5 million of General Fund savings. EFFECTIVE DATE : This bill would take effect immediately. Part E - Bring New York State into compliance with federal regulations regarding covered farm vehicles as well as requiring a P endorsement to operate certain vehicles PURPOSE : This bill would align New York State law with federal requirements regarding the operation of certain vehicles. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : This bill would conform State law with the following federal requirements: *The Federal Motor Carrier Safety Administration (FMCSA) adopted a final rule requiring a Covered Farm Vehicle (CFV) designation for any vehicle operated by the owner of a ranch or farm, or such owner's family or employees. The CFV designation would give farmers more flexibility than they have today by allowing the operation of the vehicle anywhere in the State or across State lines within 150 air miles from the farm. *The FMCSA issued a notice of regulatory guidance requiring a P endorsement to operate any motor vehicle with a gross vehicle weight or gross vehicle weight rating of more than 26,000 pounds that is designed to transport passengers in commerce. Under current law, only the operator of a bus must obtain a P endorsement on his or her commercial driver's license (CDL). This bill would capture all vehicles over 26,000 pounds that transport passengers (i.e. custom motor coaches). BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 Executive Budget. Failure to do so would result in the risk of losing up to $65 million in federal highway funding as well as $13.5 million in Motor Carrier Safety Assistance Program funding. EFFECTIVE DATE : The bill would take effect 90 days upon enactment. Part F - Extend the authorization of the New York State Urban Development Corporation to administer the Empire State Economic Development Fund PURPOSE : This bill would extend the authorization of the New York State Urban Development Corporation (UDC) to administer the Empire State Economic Development Fund (EDF) for an additional year. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : Section 16-m of the UDC Act authorizes UDC to provide financial assistance through the EDF. This authorization has been renewed annually since 2012 and is currently set to expire on July 1, 2016. The bill would provide for the smooth administration of the EDF, UDC's primary economic development program. Extending the sunset date until July 1, 2017 will permit UDC to fulfill prior commitments made through the EDF and to make new assistance available to businesses and other stakeholders throughout the State without interruption. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 Executive Budget, which includes new appropriations and reappropriations to support the EDF. EFFECTIVE DATE : This bill would take effect immediately. Part G - Extend the general loan powers of the New York State Urban Development Corporation PURPOSE : This bill would extend the general loan powers of the New York State Urban Development Corporation (UDC) for an additional year. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : Chapter 393 of the Laws of 1994 provides UDC with the general power to make loans. This authorization has been renewed annually since 1997 and is currently set to expire on July 1, 2016. Absent enactment of this bill, UDC will be authorized to make loans only in connection with certain State-funded economic development programs that grant statutory loan authorization. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 Executive Budget, which assumes that UDC will provide certain economic development assistance through loans. Absent this legislation, the UDC could not fund approved loans made through economic programs lacking specific statutory authorization. EFFECTIVE DATE : This bill would take effect April 1, 2016. Part H - This bill would establish the Transformational Economic Development Infrastructure and Revitalization Projects Act PURPOSE : This bill would establish the Transformational Economic Development Infrastructure and Revitalization Projects Act (Act). The Act would establish design build authority with the Empire State Development Corporation (ESDC), the New York Convention Center Development Corporation (NYCCDC), and their subsidiaries related to the Jacob V. Javits Convention Center, the Empire State Station Complex, the James A. Farley Building Replacement, and the Pennsylvania Station New York Redevelopment projects. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : The Act would amend unconsolidated law by establishing design build authority with ESDC and NYCCDC related to the Jacob V. Javits Convention Center, the Empire State Station Complex, the James A. Farley Building Replacement, and the Pennsylvania Station New York Redevelopment projects. With this authority, ESDC and NYCCDC would be able to award design and construction contracts to a single entity. This would reduce the time and expense necessary for completing these projects. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 Executive Budget because the Act would allow design and construction contracts to be awarded to a single entity for a project to optimize cost, quality, and efficiency. EFFECTIVE DATE : This bill would take effect immediately. Part I - Authorize and direct the Comptroller to receive for deposit to the credit of the General Fund a payment of up to $913,000 from the New York State Energy Research and Development Authority PURPOSE : This bill would authorize and direct the Comptroller to receive for deposit to the credit of the General Fund a payment of up to $913,000 from the New York State Energy Research and Development Authority (NYSERDA). SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : This bill would authorize and direct the Comptroller to receive for deposit to the credit of the General Fund a payment of up to $913,000 from NYSERDA from unrestricted corporate funds. The $913,000 transfer would help offset New York State's debt service requirements related to the Western New York Nuclear Service Center (West Valley). Chapter 58 of the Laws of 2015 provided a similar one-year authorization. BUDGET IMPLICATIONS : The $913,000 transfer authorized by this legislation is necessary to implement the 2016-17 Executive Budget and State Financial Plan. EFFECTIVE DATE : This bill would take effect immediately. Part J - Authorize the New York State Energy Research and Development Authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY programs and to finance the Department of Environmental Conservation's climate change program, from an assessment on gas and electric corporations PURPOSE : This bill would authorize the New York State Energy Research and Development Authority (NYSERDA) to obtain revenue for certain programs from a special assessment on gas and electric corporations. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : The bill would authorize NYSERDA to finance its research, development and demonstration, policy and planning, and Fuel NY programs, and to finance the Department of Environmental Conservation's (DEC) climate change program, from a special assessment on gas and electric corporations. This special assessment is in addition to the special assessment under Section 18-a of the Public Service Law which authorizes the Department of Public Service to assess gas and electric corporations for expenses related to administering Public Service Law programs. A similar bill has been proposed annually as an Article VII provision, and was last enacted as Part P of Chapter 58 of the Laws of 2015. Without this authorization, NYSERDA and DEC could not continue to implement necessary programs in the 2016-17 State Fiscal Year. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 Executive Budget because it would authorize collection of an amount not to exceed $19.7 million in assessments to fund NYSERDA's research, development and demonstration, and policy and planning, and DEC's climate change program. EFFECTIVE DATE : This bill would take effect immediately. Part K - Authorize the Department of Health to finance certain activities with revenues generated from an assessment on cable television companies PURPOSE : This bill would authorize the Department of Health (DOH) to finance public service education activities with revenues generated from an assessment on cable television companies. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : The bill would authorize certain expenditures of DOH as eligible expenses of the Department of Public Service (DPS). Section 217 of the Public Service Law authorizes DPS to assess cable television companies for DPS costs associated with the regulation of cable television companies. This annual Article VII bill would make DOH public service education expenses that are charged to the special revenue cable television account eligible for these funds. Chapter 58 of the Laws of 2015 provided similar authorization for State Fiscal Year 2015-16. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 Executive Budget which presumes the recovery of public service education expenses incurred by DOH. EFFECTIVE DATE : This bill would take effect immediately. Part L - Reduce the administrative burden associated with the Public Service Commission's review of municipal and investor owned utility rate requests PURPOSE : This bill would authorize the Public Service Commission (PSC) to reduce overall workload and more effectively utilize agency resources by streamlining the review and approval process of electric service rates imposed by municipally owned gas and electric utilities, and extending the length of time the PSC has to approve utility sought rate increases from eleven to fifteen months. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : This bill would streamline the review and approval process for the State's 40 municipally owned gas and electric utilities by exempting them from the mandatory evidentiary hearing currently required for municipal rate cases. The opportunity to comment, provide written testimony, and have a written PSC order would still remain part of the Department of Public Service (DPS) staff investigation. The avoidance of the mandatory evidentiary hearing would also reduce expenses for municipal utilities and, ultimately, their ratepayers. The PSC would still maintain the authority to open a full review if one is believed to be in the public's best interest. This bill would also extend the length of time the PSC has to approve utility sought rate increases, from eleven to fifteen months. This extension would help to reduce overall workload and allow for longer, more comprehensive reviews of highly technical and complex rate cases by department staff. The authorization of this bill would reduce costly administrative burdens borne by municipal utilities, while also providing for reduced spending and increased efficiencies within the DPS and the PSC. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 Executive Budget because the State Financial Plan assumes $1.2 million in savings resulting from the efficiencies contained in this bill. EFFECTIVE DATE : This bill would take effect immediately. Part M - Extend for one year the authority of the Secretary of State to charge increased fees for expedited handling of documents PURPOSE : This bill would extend for one year provisions of law permitting the Secretary of State to charge increased fees for the expedited handling of documents issued by or requested from the Department's Division of Corporations. The increased fees for expedited handling are necessary to reimburse the Department of State for increased administrative costs associated with expedited handling. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : The Executive Law currently authorizing the Secretary of State to charge increased fees for expedited handling expires on March 31, 2016. Historically, this statute has been extended annually to coincide with the enactment of the Budget. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 Executive Budget. The 2016-17 Executive Budget assumes that expedited handling fees will be enacted since the costs associated with expedited handling are greater than traditional requests. Failure to enact this legislation will result in annual revenue losses of approximately $4.5 million, forcing the Department to bear the additional costs related to expedited services without supporting revenues. EFFECTIVE DATE : This bill would take effect immediately. Part N - Places responsibility for mailing a copy of service of process with plaintiffs rather than the Department of State (DOS) PURPOSE : Under existing law, persons or entities suing corporations may serve the attendant legal papers upon the Secretary of State as the agent for the defendant corporate entity. The Secretary must then mail copies of such process documents to the defendant entity. This bill would require that plaintiffs serve these papers on the Secretary and the defendant entity at the same time. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : Requiring the plaintiff to serve copies of process documents on the defendant entity directly, rather than going through the Department of State, removes an unnecessary administrative burden on the Department. BUDGET IMPLICATIONS Enactment of this bill is necessary to implement the 2016-17 Executive Budget as the State Financial Plan assumes $600,000 in recurring savings resulting from no longer mailing paper copies of process to defendants. EFFECTIVE DATE : This bill would take effect 120 days following enactment. Part O - This bill would create a statutory model by which combative sports would be licensed and regulated by the State PURPOSE : This bill would authorize the New York State Athletic Commission (NYSAC) to regulate professional mixed martial arts (MMA) in a manner similar to how NYSAC regulates professional boxing, wrestling and sparring. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : MMA, a full-contact sport in which competitors draw on techniques from various martial arts disciplines, has become extremely popular in the last decade. The fights take place in a ring, much like boxing or wrestling. Although all other states permit professional MMA events, they are banned by New York State law. NYSAC currently regulates professional boxing and wrestling. This bill would allow NYSAC to authorize, license and regulate professional MMA in order to protect the health and safety of participants and spectators. MMA would be governed much like boxing, including licensing, permitting, physical examination requirements for participants, and standards for event and training facilities. The growth of MMA has resulted in the conduct of unregulated "amateur" MMA events in the State, attracting many fans and fighters. These unregulated events create unnecessary risks to both MMA participants and event attendees. Establishing MMA as a NYSAC regulated sport will end this practice and make MMA events safer for all involved. Considering the popularity of MMA, it is likely New York venues would attract major MMA events. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 Executive Budget. It is estimated that this bill would result in approximately $1 million in additional revenue from license fees and gross receipts taxes on the sale of tickets and broadcast rights. EFFECTIVE DATE : This bill would take effect on the first day of the first month next succeeding the one hundred twentieth day after enactment; provided, however, that the addition, amendment and/or repeal of any rule or regulation of the State Athletic Commission is authorized to be made on or before the effective date. Part P - Extend the authorization of the Dormitory Authority of the State of New York to form subsidiaries PURPOSE : This bill would extend for an additional two years the authorization of the Dormitory Authority of the State of New York (DASNY) to create subsidiaries to take title to the property of borrowers regulated under Public Health Law Article 28, who have defaulted on loan agreements or mortgages with DASNY. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : Chapter 584 of the laws of 2011 authorizes DASNY to create subsidiaries to take title to the property of borrowers regulated under Public Health Law Article 28, who have defaulted on loan agreements or mortgages with DASNY. This authorization has been renewed twice since 2011 and is currently set to expire on July 1, 2016. Absent enactment of this bill, DASNY would open itself up to unnecessary risk when attempting to pursue remedies against a hospital that has defaulted on a DASNY loan or mortgage. By forming a subsidiary to take title to the property of the defaulted borrower, DASNY limits its exposure to potential liability including for injuries occurring because of the condition of the property. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 Executive Budget, which assumes that DASNY will continue to be a financing vehicle for not-for-profit hospitals and health care facilities across the State. EFFECTIVE DATE : This bill would take effect immediately. Part Q - Authorize the transfer of the New York State Canal Corporation to the New York Power Authority PURPOSE : This bill would authorize the transfer of the New York State Canal Corporation (Canal Corp.) from the New York State Thruway Authority (NYSTA) to the New York Power Authority (NYPA). SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : This bill would amend the Public Authorities Law, the Canal Law and the State Finance Law in order to effectuate the transfer of the Canal Corp. from NYSTA to NYPA. The bill would amend the New York State Thruway Act (Act) in order to repeal sections 382 and 383 of the Act relating to the Canal Corp. and the ability of the Canal Corp. to finance certain projects, and would remove references to the Canal Corp as a subsidiary of NYSTA. The bill would also amend the Act to require that NYSTA reimburse the State for expenses related to Division of State Police's enforcement activity on the Thruway, and make NYSTA a public authority eligible to receive an annual State governmental cost recovery assessment. The bill would amend the Canal Law to transfer the powers and duties relating to the canal, the canal lands, the canal system, and all State assets, equipment, and property owned or used in connection with the canal system, from NYSTA to NYPA. The bill would also amend Canal Law to require that all rules, regulations, executed contracts, and other business continue to remain in effect after the transfer of the Canal Corp. The bill would further amend the Power Authority Act to establish the Canal Corp. as a subsidiary of NYPA. As a result, NYPA's trustees would become the Canal Corp. trustees, and management and administration of the Canal Corp. would become an additional corporate purpose of NYPA. The bill would also amend the State Finance Law to authorize NYPA to make payments from the New York State Canal System Development Fund on behalf of the Canal Corp. This bill would also provide NYSTA, the Canal Corp., and NYPA with indemnification from the State for liabilities occurring prior to August 3, 1992. It would also provide the Canal Corp. and NYPA with indemnification from NYSTA for liabilities occurring after August 3, 1992 until the effective transfer of the Canal Corp. Finally, this bill would authorize NYPA, pursuant to an agreement between NYPA and NYSTA effective April 1, 2016, to reimburse NYSTA for any and all operating and capital costs expended by NYSTA related to the operation of the canal system for the time period of April 1, 2016 to January 1, 2017. This transfer would enable the canal system to benefit from NYPA's experience in managing our State's water assets while ensuring the continued efficient operation of the canal system. NYPA operates hydro-electric plants throughout the State, including three small hydro plants located within the canal system. NYPA and the Canal Corporation already share services on the canal system, and this transfer would only strengthen this partnership. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 Executive Budget and will ensure the continued efficient operation of the canal system. EFFECTIVE DATE : This act would take effect on January 1, 2017; provided, however, that sections 5 and 28 of this act shall take effect immediately. Part R - Enact the Private Activity Bond Allocation Act of 2016, to extend authorization for the issuance of tax exempt bonds for eligible purposes PURPOSE : This bill would enact the "Private Activity Bond Allocation Act of 2106" to extend provisions related to the allocation of tax exempt private activity bonding authority to state and local issuers, and would add a new provision requiring that any private activity bonds issued utilizing the local agency set-aside reserved for local issuers receive approval from the Public Authorities Control Board (PACB). SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : This bill would permanently extend provisions related to the State's process for allocating tax exempt private activity bonding authority, known as the "Private Activity Bond Cap." The bill would continue existing provisions related to the allocation formula for the distribution of private activity bonds, as follows: one-third would be available to State agencies, one-third would be available to local agencies (principally, industrial development agencies, or IDAs) and one-third would be available through a statewide bond reserve for use by both state agencies and IDAs. The bill would also continue provisions related to future allocations of private activity bond cap for certain multi-year housing development projects, the annual year end recapture of unused bond cap, and procedures for carryforward election of bond cap. Additionally, the bill would include a new provision requiring PACB approval prior to the financing or bond issuance from any portion of the local agency set-aside by any local issuer. Finally, this bill would repeal chapter 49 of the laws of 2014 which provides the current authorization for the allocation of private activity bond cap and is set to expire on July 1, 2016. Private activity bonds can be used to finance a wide range of qualified purposes, including economic development, multifamily housing, student loans, and mortgages. Providing tax-exempt financing to eligible private issuers reduces borrowing costs and thereby enhances local and State economic development efforts. Private activity bonds are predominantly used in New York State to finance construction of multifamily housing projects. The extension of these provisions related to the State's private activity cap allocation process will continue the orderly flow of bonds for the development and preservation of affordable housing and other economic activity in New York State. Authorization of this bill would also allow for enhanced oversight and input into the award and geographic disbursement of private activity bond cap to local projects. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 budget. EFFECTIVE DATE : This bill would take effect immediately. Part S - Enhance the marketing of New York farm products by authorizing the Empire State Development Corporation, in cooperation with the Department of Agriculture and Markets, to administer agricultural and dairy marketing orders PURPOSE : This bill would transfer the statutory authorization for agricultural and dairy product marketing orders, which are currently administered by the Department of Agriculture and Markets (DAM), to the Empire State Development Corporation (ESD). SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : This bill would transfer the statutory authorization for agricultural and dairy product marketing orders currently administered by DAM under Article 21-AA and Article 25 of the Agriculture and Markets Law to ESD. This transfer would enable ESD to provide marketing and branding support to the State's existing marketing orders: Dairy Promotion, Western NY Milk, Apple, Apple Research, Cabbage Research, Sour Cherry, and Onion Research. Marketing orders permit industry groups to impose an assessment on certain products, and use the funds for marketing programs that are deemed important to each group. Through this new program structure, future assessments would be directed to ESD, which in consultation with DAM, would administer the market orders. To ensure program continuity, the bill would authorize DAM to provide assistance to ESD with the administrative components of the marketing orders. DAM would retain the existing powers of the marketing order advisory boards, which include recommending rules, regulations, amendments to the market orders, and methods for assessing producers. ESD has substantial experience administering marketing and branding programs, including the successful "New York Open for Business" and "I Love NY" campaigns. This bill would enable the State's agricultural associations directly involved with the market orders to utilize ESD's expertise in order to increase awareness and promotion of the State's agricultural products. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 Executive Budget because the State Financial Plan assumes $12.3 million in savings resulting from the transfer of these marketing responsibilities to ESD. EFFECTIVE DATE : This bill would take effect 90 days after enactment. Part T - Eliminate the sunset applicable to the waste tire management and recycling fee PURPOSE : This bill would eliminate the sunset applicable to the waste tire management and recycling fee. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : Eliminating the December 31, 2016 sunset would ensure that adequate monies continue to be available to DEC for the regulation of waste tire storage facilities and abatement of noncompliant waste tire stockpiles, and to administer and enforce other provisions of Environmental Conservation Law in relation to the collection, treatment, disposal, and management of solid and hazardous wastes. Section 1 of the bill would remove the December 31, 2016 sunset related to waste tire services accepting waste tires from consumers and posting appropriate written notice. Section 2 would make permanent (i) the $2.50 fee which is to be collected on each new tire sold, (ii) the requirement that the tire service collect the fee and remit it to the Department of Taxation and Finance (DTF), (iii) the requirement that each tire service make a return to DTF on a quarterly basis, and (iv) the provisions authorizing additional waste tire management and recycling costs of the tire service. Section 3 provides that the bill would take effect immediately. Environmental Conservation Law Article 27, Title 19, enacted in 2003, sets forth New York State's priorities for the management of waste tires, establishes the $2.50 fee charged on each new tire sold, and enumerates the purposes of the fund to be used to abate noncompliant waste tire stockpiles. The requirement to collect the Fee and remit it to DTF sunsets on December 31, 2016. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-2017 Executive Budget in order to continue revenue that is used to support DEC's Solid Waste program staff. EFFECTIVE DATE : This bill takes effect immediately. Part U - Create a new climate change mitigation and adaptation account and make changes to the Local Waterfront Revitalization Program in support of a $300 million Environmental Protection Fund PURPOSE : This bill would establish a climate change mitigation and adaptation account within the Environmental Protection Fund (EPF) and would make statutory changes related to the local waterfront revitalization program to allow for increased State assistance payments under certain circumstances. The Executive Budget would then include appropriations funding the EPF, including the new account, in the amount of $300 million. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : This bill would establish a new climate change mitigation and adaptation account within the EPF, to authorize programs that reduce greenhouse gasses, facilitate climate change adaptation, and strengthen resiliency. The bill would also make changes to the local waterfront revitalization program by allowing State assistance payments and technical assistance of up to 90 percent of total costs for municipalities subject to certain financial hardships or for planning projects to mitigate future physical climate risks. The Executive Budget includes appropriations of $300 million for the EPF, the highest level of funding in the program's history and an increase of $123 million from the 201617 budget. As a part of this historic increase, the EPF, for the first time, will include funding for critical adaptive infrastructure, greenhouse gas management, and resiliency planning and mitigation programs. The changes contained in this bill would provide the necessary statutory authorization for these critical initiatives to receive funding from the EPF. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-2017 Executive Budget in support of a $300 million EPF. EFFECTIVE DATE : This bill would take effect immediately. Part V - Reduce the authorized reimbursement rate paid to governmental entities that voluntarily enforce the provisions of the navigation law PURPOSE : This bill would reduce the authorized reimbursement rate paid to governmental entities that voluntarily enforce the navigation law from 50 percent to 25 percent. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : The bill would amend Subdivision 3 of Section 79-b of the Navigation Law to reduce the authorized reimbursement rate paid to governmental entities that voluntarily enforce the provisions of the navigation law from 50 percent to 25 percent. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-2017 Executive Budget in order to achieve Financial Plan savings. EFFECTIVE DATE : This bill takes effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. The provisions of this act shall take effect immediately, provided, however, that the applicable effective date of each part of this act shall be as specifically set forth in the last section of such part.
2015-S6408 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6408 A. 9008 S E N A T E - A S S E M B L Y January 14, 2016 ___________ 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 public authorities law, in relation to committing the state of New York and the city of New York to partially fund part of the costs of the Metropolitan Transportation Authority's capital program (Part A); to amend the public authorities law, in relation to procurements by the New York City transit authority and the metropol- itan transportation authority; and to amend the insurance law, in relation to extending owner controlled insurance programs in certain instances (Part B); to amend the public authorities law and the gener- al municipal law, in relation to the New York transit authority and the metropolitan transportation authority (Part C); to amend the vehi- cle and traffic law and the state finance law, in relation to the dedication of revenues and the costs of the department of motor vehi- cles; to amend chapter 751 of the laws of 2005 amending the insurance law and the vehicle and traffic law relating to establishing the acci- dent prevention course internet technology pilot program, in relation to the effectiveness thereof; to repeal subdivision 2 of section 89-g of the state finance law relating to funds to be placed into the acci- dent prevention course internet, and other technology pilot program fund; and to repeal certain provisions of the state finance law relat- ing to the motorcycle safety fund (Part D); to amend the vehicle and traffic law, in relation to farm vehicles and covered farm vehicles and to expand the scope of the P endorsement (Part E); to amend the New York state urban development corporation act, in relation to extending certain provisions relating to the empire state economic development fund (Part F); to amend chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relat- ing to the powers of the New York state urban development corporation to make loans, in relation to the effectiveness thereof (Part G); to establish the Transformational Economic Development Infrastructure and Revitalization Projects act (Part H); to authorize and direct the New EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12673-01-6 S. 6408 2 A. 9008 York state energy research and development authority to make a payment to the general fund of up to $913,000 (Part I); to authorize the New York state energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY programs, and to finance the department of envi- ronmental conservation's climate change program, from an assessment on gas and electric corporations (Part J); to authorize the department of health to finance certain activities with revenues generated from an assessment on cable television companies (Part K); to amend the public service law, in relation to authorizing the department of public service to increase program efficiencies (Part L); to amend chapter 21 of the laws of 2003, amending the executive law, relating to permit- ting the secretary of state to provide special handling for all docu- ments filed or issued by the division of corporations and to permit additional levels of such expedited service, in relation to extending the expiration date thereof (Part M); to amend the business corpo- ration law, the cooperative corporations law, the executive law, the general associations law, the general business law, the limited liability company law, the not-for-profit corporation law, the part- nership law, the private housing finance law, the real property law and the tax law, in relation to streamlining the process by which service of process is served against a corporate or other entity with the secretary of state; and to repeal certain provisions of the real property law relating thereto (Part N); to amend the general business law, the tax law, and the alcoholic beverage control law, in relation to authorized combative sports and to the costs of boxer medical exam- inations; and to repeal chapter 912 of the laws of 1920, relating to the regulation of boxing, sparring, and wrestling (Part O); 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 P); to amend the public authorities law, the canal law, the state finance law, the public officers law, the transportation law, and the parks, recreation and historic preservation law, in relation to eliminating the canal corporation; and to repeal certain provisions of the public authorities law and the public officers law relating thereto (Part Q); to establish the private activity bond allocation act of 2016; to amend the public authorities law in relation to the powers, functions and duties of the New York state public authorities control board; and to repeal the private activity bond allocation act of 2014 (Part R); to amend the New York state urban development corporation act, in relation to transferring the statutory authority for the promulgation of marketing orders from the department of agriculture and markets to the New York state urban development corporation; to repeal certain provisions of the agriculture and markets law relating to the market- ing of agricultural products; and providing for the repeal of such provisions upon expiration thereof (Part S); to amend the environ- mental conservation law, in relation to mandatory tire acceptance (Part T); to amend the state finance law, in relation to creating a new climate change mitigation and adaptation account in the environ- mental protection fund; to amend the environmental conservation law, in relation to local waterfront revitalization programs; and to amend the executive law, in relation to payments for local waterfront revi- talization programs (Part U); and to amend the navigation law, in S. 6408 3 A. 9008 relation to the authorized reimbursement rate paid to governmental entities (Part V) 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 which are necessary to implement the state fiscal plan for the 2016-2017 state fiscal year. Each component is wholly contained within a Part identified as Parts A through V. 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, includ- ing 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. This act shall be known as the "Metropolitan Transportation Authority (MTA) Capital Financing Act of 2016". This act commits the state of New York (state) and the city of New York (city) to fund, over a multi-year period, $10,828,000,000 in capital costs related to projects contained in the MTA's 2015-2019 capital program (capital program). The state share of $8,336,000,000 shall consist of $1,000,000,000 in appropriations first enacted in the 2015-2016 state budget and additional funds sufficient for MTA to pay $7,336,000,000 of capital costs as provided herein. The city share of $2,492,000,000 shall consist of $657,000,000 to be provided by the city from 2015 through 2019, and additional funds sufficient for MTA to pay $1,835,000,000 of capital costs for the capital program. The $7,336,000,000 of additional funds to be provided by the state may be used by the MTA to pay direct capital costs and/or the state may fund such $7,336,000,000 of capital costs through financing mechanisms undertaken by the MTA. S 2. (a) The additional funds provided by the state pursuant to section one of this act shall be scheduled and made available to pay for the costs of the capital program after MTA capital resources planned for the capital program, not including additional city and state funds, have been exhausted, or when MTA capital resources planned for the capital program are not available. It is anticipated that state funds shall be required by, and provided to, the MTA in an amount to support $1,500,000,000 of capital costs in the first year in which planned MTA capital resources are exhausted; $2,600,000,000 in the second year; $1,840,000,000 in the third year and $1,396,000,000 in the fourth year or thereafter. (b) Such funds may be provided to the MTA through direct payments from the state and/or financing mechanisms undertaken by the MTA utilizing aid paid by the state on a schedule sufficient to support the capital costs outlined in this act. The director of the budget (director) shall annually determine the level of funding required to meet the state's commitment and recommend such amounts for inclusion in the executive budget. In making such determination, the director shall consider the availability of MTA capital resources planned for the capital program, the current progress and timing of the MTA capital program, the financ- S. 6408 4 A. 9008 ing mechanisms employed by the MTA, if any, and any other pertinent factors. (c) State funding amounts, whether direct or in support of a financing mechanism undertaken by the MTA, shall be subject to appropriation with- in applicable annual state budgets; provided, however, that in the event the state does not appropriate the full amount of the funding required pursuant to this act in any year, such action shall not reduce the commitment of the state to fund the full state share specified in section one of this act, with the state fulfilling its aggregate commit- ment in this act no later than state fiscal year 2025-2026 or by the completion of the capital program. In the event that the MTA has exhausted all currently available sources of funding, the MTA may, with the approval of the director, issue anticipation notes or other obli- gations secured solely by the additional funds specified in subdivision (a) of this section and shall provide for capitalized interest thereon. S 3. In order to annually determine the adequacy and pace of the level of state funding in support of the MTA's capital program, and to gauge the availability of MTA capital resources planned for the capital program, the director may request, and the MTA shall provide, periodic reports on the MTA's capital programs and financial activities in a form and on a schedule prescribed by the director. S 4. Subdivision 12 of section 1269 of the public authorities law, as amended by section 1 of part E of chapter 58 of the laws of 2012, is amended to read as follows: 12. The aggregate principal amount of bonds, notes or other obli- gations issued after the first day of January, nineteen hundred ninety- three by the authority, the Triborough bridge and tunnel authority and the New York city transit authority to fund projects contained in capi- tal program plans approved pursuant to section twelve hundred sixty- nine-b of this title for the period nineteen hundred ninety-two through two thousand [fourteen] NINETEEN shall not exceed [thirty-seven] FIFTY- FIVE billion [two hundred eleven] FOUR HUNDRED NINETY-SEVEN million dollars [prior to January one, two thousand thirteen; shall not exceed thirty-nine billion five hundred forty-four million prior to January one, two thousand fourteen; and shall not exceed forty-one billion eight hundred seventy-seven million dollars thereafter]. Such aggregate prin- cipal amount of bonds, notes or other obligations or the expenditure thereof shall not be subject to any limitation contained in any other provision of law on the principal amount of bonds, notes or other obli- gations or the expenditure thereof applicable to the authority, the Triborough bridge and tunnel authority or the New York city transit authority. The aggregate limitation established by this subdivision shall not include (i) obligations issued to refund, redeem or otherwise repay, including by purchase or tender, obligations theretofore issued either by the issuer of such refunding obligations or by the authority, the New York city transit authority or the Triborough bridge and tunnel authority, (ii) obligations issued to fund any debt service or other reserve funds for such obligations, (iii) obligations issued or incurred to fund the costs of issuance, the payment of amounts required under bond and note facilities, federal or other governmental loans, security or credit arrangements or other agreements related thereto and the payment of other financing, ORIGINAL ISSUE PREMIUMS and related costs associated with such obligations, (iv) an amount equal to any original issue discount from the principal amount of such obligations or to fund capitalized interest, (v) obligations incurred pursuant to section twelve hundred seven-m of this article, (vi) obligations incurred to S. 6408 5 A. 9008 fund the acquisition of certain buses for the New York city transit authority as identified in a capital program plan approved pursuant to chapter fifty-three of the laws of nineteen hundred ninety-two, (vii) obligations incurred in connection with the leasing, selling or trans- ferring of equipment, and (viii) bond anticipation notes or other obli- gations payable solely from the proceeds of other bonds, notes or other obligations which would be included in the aggregate principal amount specified in the first sentence of this subdivision, whether or not additionally secured by revenues of the authority, or any of its subsid- iary corporations, New York city transit authority, or any of its subsidiary corporations, or Triborough bridge and tunnel authority. S 5. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. PART B Section 1. Subdivision 7 of section 1209 of the public authorities law, as amended by chapter 334 of the laws of 2001, is amended to read as follows: 7. (a) Except as otherwise provided in this section, all purchase contracts for supplies, materials or equipment involving an estimated expenditure in excess of [fifteen] ONE HUNDRED thousand dollars and all contracts for public work involving an estimated expenditure in excess of [twenty-five] ONE HUNDRED thousand dollars shall be awarded by the authority to the lowest responsible bidder after obtaining sealed bids in the manner hereinafter set forth. The aforesaid shall not apply to contracts for personal, architectural, engineering or other professional services. The authority may reject all bids and obtain new bids in the manner provided by this section when it is deemed in the public interest to do so or, in cases where two or more responsible bidders submit iden- tical bids which are the lowest bids, award the contract to any of such bidders or obtain new bids from such bidders. Nothing herein shall obli- gate the authority to seek new bids after the rejection of bids or after cancellation of an invitation to bid. Nothing in this section shall prohibit the evaluation of bids on the basis of costs or savings includ- ing life cycle costs of the item to be purchased, discounts, and inspection services so long as the invitation to bid reasonably sets forth the criteria to be used in evaluating such costs or savings. Life cycle costs may include but shall not be limited to costs or savings associated with installation, energy use, maintenance, operation and salvage or disposal. (b) Section twenty-eight hundred seventy-nine of this chapter shall apply to the authority's acquisition of goods or services of any kind, in the actual or estimated amount of fifteen thousand dollars or more, provided that (I) a contract for [personal] services in the actual or estimated amount of less than [twenty] ONE HUNDRED thousand dollars shall not require approval by the board of the authority regardless of the length of the period over which the services are rendered, and provided further that a contract for [personal] services in the actual or estimated amount of [twenty] ONE HUNDRED thousand dollars or more shall require approval by the board of the authority regardless of the length of the period over which the services are rendered UNLESS SUCH A CONTRACT IS AWARDED TO THE LOWEST RESPONSIBLE BIDDER AFTER OBTAINING SEALED BIDS AND (II) THE BOARD OF THE AUTHORITY MAY BY RESOLUTION ADOPT GUIDELINES THAT AUTHORIZE THE AWARD OF CONTRACTS TO SMALL BUSINESS CONCERNS, TO SERVICE DISABLED VETERAN OWNED BUSINESSES CERTIFIED PURSU- S. 6408 6 A. 9008 ANT TO ARTICLE SEVENTEEN-B OF THE EXECUTIVE LAW, OR MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR TECHNOLOGY THAT ARE RECY- CLED OR REMANUFACTURED, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS AND WITHOUT FURTHER BOARD APPROVAL. S 2. Paragraph (a) of subdivision 8 of section 1209 of the public authorities law, as amended by chapter 725 of the laws of 1993, is amended to read as follows: (a) Advertisement for bids, when required by this section, shall be published [at least once in a newspaper of general circulation in the area served by the authority and] in the procurement opportunities news- letter published pursuant to article four-C of the economic development law provided that, notwithstanding the provisions of article four-C of the economic development law, an advertisement shall only be required when required by this section. Publication [in a newspaper of general circulation in the area served or] in the procurement opportunities newsletter shall not be required if bids for contracts for supplies, materials or equipment are of a type regularly purchased by the authori- ty and are to be solicited from a list of potential suppliers, if such list is or has been developed consistent with the provisions of subdivi- sion eleven of this section. Any such advertisement shall contain a statement of: (i) the time and place where bids received pursuant to any notice requesting sealed bids will be publicly opened and read; (ii) the name of the contracting agency; (iii) the contract identification number; (iv) a brief description of the public work, supplies, materi- als, or equipment sought, the location where work is to be performed, goods are to be delivered or services provided and the contract term; (v) the address where bids or proposals are to be submitted; (vi) the date when bids or proposals are due; (vii) a description of any eligi- bility or qualification requirement or preference; (viii) a statement as to whether the contract requirements may be fulfilled by a subcontract- ing, joint venture, or co-production arrangement; (ix) any other infor- mation deemed useful to potential contractors; and (x) the name, address, and telephone number of the person to be contacted for addi- tional information. At least fifteen business days shall elapse between the first publication of such advertisement or the solicitation of bids, as the case may be, and the date of opening and reading of bids. S 3. Subparagraph (i) of paragraph f of subdivision 9 of section 1209 of the public authorities law, as added by chapter 929 of the laws of 1986, is amended to read as follows: (i) [The] EXCEPT FOR A CONTRACT THAT IS AWARDED PURSUANT TO THIS PARA- GRAPH TO THE PROPOSER WHOSE PROPOSAL IS THE LOWEST COST, THE authority may award a contract pursuant to this paragraph only after a resolution approved by a two-thirds vote of its members then in office at a public meeting of the authority with such resolution (A) disclosing the other proposers and the substance of their proposals, (B) summarizing the negotiation process including the opportunities, if any, available to proposers to present and modify their proposals, and (C) setting forth the criteria upon which the selection was made. S 4. Subdivision 13 of section 1209 of the public authorities law, is renumbered subdivision 15 and two new subdivisions 13 and 14 are added to read as follows: 13. NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS SECTION, THE AUTHORI- TY SHALL BE ALLOWED TO USE AN ELECTRONIC BIDDING SYSTEM THAT MAY INFORM BIDDERS WHETHER THEIR BID IS THE CURRENT LOW BID, AND ALLOW BIDDERS TO S. 6408 7 A. 9008 SUBMIT NEW BIDS BEFORE THE DATE AND TIME ASSIGNED FOR THE OPENING OF BIDS. SUCH PROCEDURE SHALL NOT CONSTITUTE DISCLOSURE OF BIDS IN VIOLATION OF SECTION TWENTY-EIGHT HUNDRED SEVENTY-EIGHT OF THIS CHAPTER. 14. WHENEVER THE COMPTROLLER, PURSUANT TO SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF THIS CHAPTER: (A) INTENDS TO SUBJECT TO HIS OR HER APPROVAL A CONTRACT OR CONTRACT AMENDMENT TO BE AWARDED BY THE AUTHORITY PURSUANT TO THIS SECTION, THE COMPTROLLER SHALL NOTIFY THE AUTHORITY IN WRITING OF SUCH DETERMINATION WITHIN FORTY-FIVE DAYS OF HAVING RECEIVED WRITTEN NOTICE OF SUCH CONTRACT OR CONTRACT AMENDMENT EITHER IN THE AUTHORITY'S ANNUAL REPORT OR ANY REVISED REPORT; (B) HAS NOTIFIED THE AUTHORITY IN WRITING THAT ANY CONTRACT OR CONTRACT AMENDMENT AWARDED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO HIS OR HER APPROVAL, SUCH CONTRACT OR CONTRACT AMENDMENT SHALL BECOME VALID AND ENFORCEABLE WITHOUT SUCH APPROVAL IF THE COMPTROLLER HAS NOT APPROVED OR DISAPPROVED SUCH CONTRACT OR CONTRACT AMENDMENT WITHIN FORTY-FIVE DAYS OF SUBMISSION TO HIS OR HER OFFICE. S 5. Subdivision 7 of section 1265 of the public authorities law, as added by chapter 324 of the laws of 1965, is amended to read as follows: 7. To acquire, hold and dispose of real or personal property in the exercise of its powers[;], INCLUDING, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE POWER TO DISPOSE OF PERSONAL PROPERTY BY PUBLIC AUCTION IN ACCORDANCE WITH GUIDELINES ADOPTED BY THE AUTHORITY. SUCH GUIDELINES SHALL PROVIDE FOR ADVERTISING AND SUCH OTHER SAFEGUARDS AS THE AUTHORITY MAY DEEM APPROPRIATE IN THE PUBLIC INTEREST. S 6. Subdivision 3 of section 1204 of the public authorities law, as amended by chapter 980 of the laws of 1958, is amended to read as follows: 3. To acquire, hold, use and dispose of equipment, devices and appurtenances, and other property for its corporate purposes, INCLUDING, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE POWER TO DISPOSE OF PERSONAL PROPERTY BY PUBLIC AUCTION IN ACCORDANCE WITH GUIDELINES ADOPTED BY THE METROPOLITAN TRANSPORTATION AUTHORITY PURSUANT TO SECTION TWELVE HUNDRED SIXTY-FIVE OF THIS ARTICLE. S 7. Subdivision 3 of section 553 of the public authorities law, is amended to read as follows: 3. To acquire, hold and dispose of personal property for its corporate purposes[;], INCLUDING, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE POWER TO DISPOSE OF PERSONAL PROPERTY BY PUBLIC AUCTION IN ACCORDANCE WITH GUIDELINES ADOPTED BY THE AUTHORITY. SUCH GUIDELINES SHALL PROVIDE FOR ADVERTISING AND SUCH OTHER SAFEGUARDS AS THE AUTHORITY MAY DEEM APPROPRIATE IN THE PUBLIC INTEREST. S 8. Paragraphs (a) and (b) of subdivision 2 of section 1265-a of the public authorities law, as amended by chapter 334 of the laws of 2001, are amended to read as follows: (a) Except as otherwise provided in this section, all purchase contracts for supplies, materials or equipment involving an estimated expenditure in excess of [fifteen] ONE HUNDRED thousand dollars and all contracts for public work involving an estimated expenditure in excess of [twenty-five] ONE HUNDRED thousand dollars shall be awarded by the authority to the lowest responsible bidder after obtaining sealed bids in the manner hereinafter set forth. For purposes hereof, contracts for public work shall exclude contracts for personal, engineering and archi- tectural, or professional services. The authority may reject all bids and obtain new bids in the manner provided by this section when it is deemed in the public interest to do so or, in cases where two or more S. 6408 8 A. 9008 responsible bidders submit identical bids which are the lowest bids, award the contract to any of such bidders or obtain new bids from such bidders. Nothing herein shall obligate the authority to seek new bids after the rejection of bids or after cancellation of an invitation to bid. Nothing in this section shall prohibit the evaluation of bids on the basis of costs or savings including life cycle costs of the item to be purchased, discounts, and inspection services so long as the invita- tion to bid reasonably sets forth the criteria to be used in evaluating such costs or savings. Life cycle costs may include but shall not be limited to costs or savings associated with installation, energy use, maintenance, operation and salvage or disposal. (b) Section twenty-eight hundred seventy-nine of this chapter shall apply to the authority's acquisition of goods or services of any kind, in the actual or estimated amount of fifteen thousand dollars or more, provided (I) that a contract for [personal] services in the actual or estimated amount of less than [twenty] ONE HUNDRED thousand dollars shall not require approval by the board of the authority regardless of the length of the period over which the services are rendered, and provided further that a contract for [personal] services in the actual or estimated amount of [twenty] ONE HUNDRED thousand dollars or more shall require approval by the board of the authority regardless of the length of the period over which the services are rendered UNLESS SUCH A CONTRACT IS AWARDED TO THE LOWEST RESPONSIBLE BIDDER AFTER OBTAINING SEALED BIDS, AND (II) THE BOARD OF THE AUTHORITY MAY BY RESOLUTION ADOPT GUIDELINES THAT AUTHORIZE THE AWARD OF CONTRACTS TO SMALL BUSINESS CONCERNS, TO SERVICE DISABLED VETERAN OWNED BUSINESSES CERTIFIED PURSU- ANT TO ARTICLE SEVENTEEN-B OF THE EXECUTIVE LAW, OR MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR TECHNOLOGY THAT ARE RECY- CLED OR REMANUFACTURED, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS AND WITHOUT FURTHER BOARD APPROVAL. S 9. Subparagraph (i) of paragraph f of subdivision 4 of section 1265-a of the public authorities law, as added by chapter 929 of the laws of 1986, is amended to read as follows: (i) [The] EXCEPT FOR A CONTRACT THAT IS AWARDED PURSUANT TO THIS PARA- GRAPH TO THE PROPOSER WHOSE PROPOSAL IS THE LOWEST COST, THE authority may award a contract pursuant to this paragraph only after a resolution approved by a two-thirds vote of its members then in office at a public meeting of the authority with such resolution (A) disclosing the other proposers and the substance of their proposals, (B) summarizing the negotiation process including the opportunities, if any, available to proposers to present and modify their proposals, and (C) setting forth the criteria upon which the selection was made. S 10. Paragraph (a) of subdivision 3 of section 1265-a of the public authorities law, as amended by chapter 494 of the laws of 1990, is amended to read as follows: (a) Advertisement for bids, when required by this section, shall be published [at least once in a newspaper of general circulation in the area served by the authority and] in the procurement opportunities news- letter published pursuant to article four-C of the economic development law provided that, notwithstanding the provisions of article four-C of the economic development law, an advertisement shall only be required for a purchase contract for supplies, materials or equipment when required by this section. Publication [in a newspaper of general circu- lation in the area served or] in the procurement opportunities newslet- S. 6408 9 A. 9008 ter shall not be required if bids for contracts for supplies, materials or equipment are of a type regularly purchased by the authority and are to be solicited from a list of potential suppliers, if such list is or has been developed consistent with the provisions of subdivision six of this section. Any such advertisement shall contain a statement of: (i) the time and place where bids received pursuant to any notice requesting sealed bids will be publicly opened and read; (ii) the name of the contracting agency; (iii) the contract identification number; (iv) a brief description of the public work, supplies, materials, or equipment sought, the location where work is to be performed, goods are to be delivered or services provided and the contract term; (v) the address where bids or proposals are to be submitted; (vi) the date when bids or proposals are due; (vii) a description of any eligibility or qualifica- tion requirement or preference; (viii) a statement as to whether the contract requirements may be fulfilled by a subcontracting, joint venture, or co-production arrangement; (ix) any other information deemed useful to potential contractors; and (x) the name, address, and tele- phone number of the person to be contacted for additional information. At least fifteen business days shall elapse between the first publica- tion of such advertisement or the solicitation of bids, as the case may be, and the date of opening and reading of bids. S 11. Subdivision 8 of section 1265-a of the public authorities law is renumbered subdivision 10 and two new subdivisions 8 and 9 are added to read as follows: 8. NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS SECTION, THE AUTHORITY SHALL BE ALLOWED TO USE AN ELECTRONIC BIDDING SYSTEM THAT MAY INFORM BIDDERS WHETHER THEIR BID IS THE CURRENT LOW BID, AND ALLOW BIDDERS TO SUBMIT NEW BIDS BEFORE THE DATE AND TIME ASSIGNED FOR THE OPENING OF BIDS. SUCH PROCEDURE SHALL NOT CONSTITUTE DISCLOSURE OF BIDS IN VIOLATION OF SECTION TWENTY-EIGHT HUNDRED SEVENTY-EIGHT OF THIS CHAPTER. 9. WHENEVER THE COMPTROLLER, PURSUANT TO SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF THIS CHAPTER: (A) INTENDS TO SUBJECT TO HIS OR HER APPROVAL A CONTRACT OR CONTRACT AMENDMENT TO BE AWARDED BY THE AUTHORITY PURSUANT TO THIS SECTION, THE COMPTROLLER SHALL NOTIFY THE AUTHORITY IN WRITING OF SUCH DETERMINATION WITHIN FORTY-FIVE DAYS OF HAVING RECEIVED WRITTEN NOTICE OF SUCH CONTRACT OR CONTRACT AMENDMENT EITHER IN THE AUTHORITY'S ANNUAL REPORT OR ANY REVISED REPORT; (B) HAS NOTIFIED THE AUTHORITY IN WRITING THAT ANY CONTRACT OR CONTRACT AMENDMENT AWARDED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO HIS OR HER APPROVAL, SUCH CONTRACT OR CONTRACT AMENDMENT SHALL BECOME VALID AND ENFORCEABLE WITHOUT SUCH APPROVAL IF THE COMPTROLLER HAS NOT APPROVED OR DISAPPROVED SUCH CONTRACT OR CONTRACT AMENDMENT WITHIN FORTY-FIVE DAYS OF SUBMISSION TO HIS OR HER OFFICE. S 12. Section 553 of the public authorities law is amended by adding a new subdivision 22 to read as follows: 22. SECTION TWENTY-EIGHT HUNDRED SEVENTY-NINE OF THIS CHAPTER SHALL APPLY TO THE AUTHORITY'S ACQUISITION OF GOODS OR SERVICES OF ANY KIND, IN THE ACTUAL OR ESTIMATED AMOUNT OF FIFTEEN THOUSAND DOLLARS OR MORE, PROVIDED THAT (I) A CONTRACT FOR SERVICES IN THE ACTUAL OR ESTIMATED AMOUNT OF LESS THAN ONE HUNDRED THOUSAND DOLLARS SHALL NOT REQUIRE APPROVAL BY THE BOARD OF THE AUTHORITY REGARDLESS OF THE LENGTH OF THE PERIOD OVER WHICH THE SERVICES ARE RENDERED, AND PROVIDED FURTHER THAT A CONTRACT FOR SERVICES IN THE ACTUAL OR ESTIMATED AMOUNT OF ONE HUNDRED THOUSAND DOLLARS OR MORE SHALL REQUIRE APPROVAL BY THE BOARD OF THE AUTHORITY REGARDLESS OF THE LENGTH OF THE PERIOD OVER WHICH THE SERVICES S. 6408 10 A. 9008 ARE RENDERED UNLESS SUCH A CONTRACT IS AWARDED TO THE LOWEST RESPONSIBLE BIDDER AFTER OBTAINING SEALED BIDS AND (II) THE BOARD OF THE AUTHORITY MAY BY RESOLUTION ADOPT GUIDELINES THAT AUTHORIZE THE AWARD OF CONTRACTS TO SMALL BUSINESS CONCERNS, TO SERVICE DISABLED VETERAN OWNED BUSINESSES CERTIFIED PURSUANT TO ARTICLE SEVENTEEN-B OF THE EXECUTIVE LAW, OR MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTI- CLE FIFTEEN-A OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR TECHNOLOGY THAT ARE RECYCLED OR REMANUFACTURED, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS AND WITH- OUT FURTHER BOARD APPROVAL. S 13. Paragraph (f) of subdivision 3 of section 2879-a of the public authorities law, as added by chapter 506 of the laws of 2009, is amended to read as follows: (f) contracts for the sale or delivery of power or energy and costs and services ancillary thereto for economic development purposes pursu- ant to title one of article five of this chapter or article six of the economic development law, provided, however, that the authority shall file copies of any such contract with the comptroller within sixty days after the execution of such contract; AND (G) CONTRACTS ENTERED INTO BY THE METROPOLITAN TRANSPORTATION AUTHORITY OR THE NEW YORK CITY TRANSIT AUTHORITY THAT ARE: I. AWARDED PURSUANT TO SECTION ONE THOUSAND TWO HUNDRED NINE OR SECTION ONE THOUSAND TWO HUNDRED SIXTY-FIVE-A OF THIS CHAPTER BY A METHOD OF PROCUREMENT THAT IS COMPETITIVE; OR II. FOR A TRANSFER OF TITLE OR ANY OTHER BENEFICIAL INTEREST IN REAL PROPERTY OF SUCH AN AUTHORITY BY SALE, EXCHANGE OR TRANSFER, FOR CASH, CREDIT, OR OTHER PROPERTY, WITH OR WITHOUT WARRANTY. S 14. Subparagraph (B) of paragraph 2 of subsection (a) of section 2504 of the insurance law is amended to read as follows: (B) the city of New York, a public corporation or public authority, in connection with the construction of electrical generating and trans- mission facilities or construction, extensions and additions of light rail or heavy rail rapid transit and commuter railroads, OR BRIDGE, TUNNEL OR OMNIBUS FACILITIES. S 15. This act shall take effect immediately. PART C Section 1. Subdivisions 2 and 3 of section 1204-d of the public authorities law, as added by chapter 530 of the laws of 2006, are amended and a new subdivision 1-a is added to read as follows: 1-A. THE AUTHORITY MAY ON SUCH TERMS AND CONDITIONS AS THE AUTHORITY MAY DETERMINE NECESSARY, CONVENIENT OR DESIRABLE ENTER INTO ANY JOINT ARRANGEMENT AS DEFINED IN SUBDIVISION NINE-A OF SECTION TWELVE HUNDRED SIXTY-ONE OF THIS CHAPTER AND MAY EXERCISE ALL OF ITS POWERS IN CONNECTION WITH ANY JOINT ARRANGEMENT. 2. Any such joint service arrangement OR JOINT ARRANGEMENT shall be authorized only by resolution of the authority approved by not less than a majority vote of the whole number of members of the board of the authority then in office, except that in the event of a tie vote the chairman shall cast one additional vote. 3. All general powers of the authority shall be applicable to joint service arrangements AND JOINT ARRANGEMENTS. THE AUTHORITY SHALL ALSO HAVE ALL OF THE POWERS OF THE METROPOLITAN TRANSPORTATION AUTHORITY AS SET FORTH IN SECTION TWELVE HUNDRED SIXTY-SIX-I OF THIS CHAPTER. S 2. Section 1261 of the public authorities law is amended by adding two new subdivisions 9-a and 18-a to read as follows: S. 6408 11 A. 9008 9-A. "JOINT ARRANGEMENT" SHALL MEAN AN ARRANGEMENT, INCLUDING A PUBL- IC-PRIVATE PARTNERSHIP, BETWEEN OR AMONG THE AUTHORITY, ITS SUBSID- IARIES, NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARY, AND ANY OTHER PARTY OR PARTIES, INCLUDING PUBLIC ENTITIES AND PRIVATE ENTITIES, ON SUCH TERMS AND CONDITIONS AS THE AUTHORITY, ANY OF ITS SUBSIDIARIES, NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY, DEEMS NECESSARY OR APPROPRIATE, IN THE FORM OF A CONTRACT, CONCESSION, LICENSE, LEASE, ALLIANCE, JOINT VENTURE, CORPORATION, INCLUDING A LIMITED LIABILITY CORPORATION, A PARTNERSHIP, OR OTHER ARRANGEMENT, IN SUPPORT OF, ASSOCI- ATED WITH, DERIVATIVE FROM, OR INCIDENTAL TO, THE PLANNING, ACQUISITION, DESIGN, ESTABLISHMENT, CONSTRUCTION, REHABILITATION, RECONSTRUCTION, IMPROVEMENT, EXTENSION, RENEWAL, REPAIR, OPERATION, MAINTENANCE, DEVEL- OPMENT OR FINANCING OF TRANSPORTATION IN WHOLE OR IN PART IN OR UPON ONE OR MORE TRANSPORTATION FACILITIES LOCATED IN WHOLE OR IN PART WITHIN THE DISTRICT INCLUDING WITHOUT LIMITATION, AGREEMENTS RELATING TO INTERMODAL AND SHARED FACILITIES, THE DISTRIBUTION OF FARE AND TOLL PAYMENT MEDIA AND ELECTRONIC PAYMENT DEVICES, OR THE COLLECTION OF FARES, TOLLS AND OTHER CHARGES. 18-A. "TRANSPORTATION PURPOSE" SHALL MEAN A PURPOSE THAT DIRECTLY OR INDIRECTLY SUPPORTS ALL OR ANY OF THE MISSIONS OR PURPOSES OF THE AUTHORITY, ANY OF ITS SUBSIDIARIES, NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY, INCLUDING THE PRODUCTION OF REVENUES AVAILABLE FOR THE COSTS AND EXPENSES OF ALL OR ANY TRANSPORTATION FACILITIES. S 3. Subdivisions 3, 6, 8, and 11 of section 1266 of the public authorities law, subdivision 3 as amended and subdivision 11 as added by chapter 314 of the laws of 1981, and subdivisions 6 and 8 as amended by section 23 of part O of chapter 61 of the laws of 2000, are amended and three new subdivisions 2-a, 12-a and 19 are added to read as follows: 2-A. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, THE AUTHORITY, ANY OF ITS SUBSIDIARIES, NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY, MAY ON SUCH TERMS AND CONDITIONS AS THEY MAY DETERMINE NECESSARY, CONVENIENT OR DESIRABLE ENTER INTO ANY JOINT ARRANGEMENT AS HEREINAFTER PROVIDED AND MAY EXERCISE ALL OF ITS POWERS IN CONNECTION WITH ANY JOINT ARRANGEMENT. ANY JOINT ARRANGEMENT SHALL BE AUTHORIZED ONLY BY RESOLUTION OF THE AUTHORITY APPROVED BY NOT LESS THAN A MAJORITY VOTE OF THE WHOLE NUMBER OF MEMBERS OF THE AUTHORITY THEN IN OFFICE, EXCEPT THAT IN THE EVENT OF A TIE VOTE THE CHAIRMAN SHALL CAST ONE ADDI- TIONAL VOTE. 3. The authority may establish, levy and collect or cause to be estab- lished, levied and collected and, in the case of a joint service arrangement OR A JOINT ARRANGEMENT, join with others in the establish- ment, levy and collection of such fares, tolls, rentals, rates, TAXES, ASSESSMENTS, charges and other fees as it may deem necessary, convenient or desirable for the use and operation of any transportation facility and related services OR ACTIVITIES (A) operated by the authority or by a subsidiary corporation of the authority or under contract, lease or other arrangement, including joint service arrangements OR JOINT ARRANGEMENTS, with the authority OR A SUBSIDIARY CORPORATION OF THE AUTHORITY; OR (B) OPERATED BY NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY IN CONNECTION WITH A JOINT ARRANGEMENT INVOLVING ANY TRANS- PORTATION FACILITIES OF NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSID- IARY. Any such fares, tolls, rentals, rates, TAXES, ASSESSMENTS, charges or other fees for the transportation of passengers shall be established and changed only if approved by resolution of the authority adopted by not less than a majority vote of the whole number of members of the authority then in office, with the chairman having one additional vote S. 6408 12 A. 9008 in the event of a tie vote, and only after a public hearing, provided however, that fares, tolls, rentals, rates, TAXES, ASSESSMENTS, charges or other fees for the transportation of passengers on any transportation facility which are in effect at the time that the then owner of such transportation facility becomes a subsidiary corporation of the authori- ty or at the time that operation of such transportation facility is commenced by the authority or is commenced under contract, lease or other arrangement, including joint service arrangements OR JOINT ARRANGEMENTS, with the authority OR WHICH HAVE BEEN ESTABLISHED BY THE NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY CORPORATIONS AND ARE IN EFFECT ON THE DATE THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN THAT AMENDED THIS SUBDIVISION TAKES EFFECT may be continued in effect without such a hearing. Such fares, tolls, rentals, rates, TAXES, ASSESSMENTS, charges and other fees shall be established as may in the judgment of the authority be necessary to maintain the combined oper- ations of the authority and its subsidiary corporations on a self-sus- taining basis. The said operations shall be deemed to be on a self-sus- taining basis as required by this title, when the authority is able to pay or cause to be paid from revenue and any other funds or property actually available to the authority and its subsidiary corporations (a) as the same shall become due, the principal of and interest on the bonds and notes and other obligations of the authority and of such subsidiary corporations, together with the maintenance of [proper] reserves, IF ANY, therefor, (b) the cost and expense of keeping the properties and assets of the authority and its subsidiary corporations in good condi- tion and repair, and (c) the capital and operating expenses of the authority and its subsidiary corporations. The authority may contract with the holders of bonds [and] , notes AND OTHER OBLIGATIONS with respect to the exercise of the powers authorized by this section. No acts or activities taken or proposed to be taken by the authority or any subsidiary of the authority pursuant to the provisions of this subdivi- sion shall be deemed to be "actions" for the purposes or within the meaning of article eight of the environmental conservation law. 6. Each of the authority and its subsidiaries, and the New York city transit authority and its subsidiaries, in its own name or in the name of the state, may apply for and receive and accept grants of property, money and services and other assistance offered or made available to it by any person, government or agency, INCLUDING SUCH GRANTS OR OTHER ASSISTANCE OFFERED OR MADE AVAILABLE TO IT UNDER A JOINT SERVICE ARRANGEMENT OR A JOINT ARRANGEMENT, which it may use to meet capital or operating expenses and for any other use within the scope of its powers, and to negotiate for the same upon such terms and conditions as the respective authority may determine to be necessary, convenient or desir- able. 8. The authority may do all things it deems necessary, convenient or desirable to manage, control and direct the maintenance and operation of transportation facilities, equipment or real property operated by or under contract, lease or other arrangement with the authority and its subsidiaries, and New York city transit authority and its subsidiaries. [Except as hereinafter specially provided, no] NO municipality or poli- tical subdivision, including but not limited to a county, city, village, town or school or other district shall have jurisdiction over any facil- ities of the authority and its subsidiaries, and New York city transit authority and its subsidiaries, or any of their activities or operations EXCEPT WITH THE EXPRESS CONSENT OF THE AUTHORITY OR ONE OF ITS SUBSID- IARIES OR THE NEW YORK CITY TRANSIT AUTHORITY OR ONE OF ITS S. 6408 13 A. 9008 SUBSIDIARIES. [The local] LOCAL laws, resolutions, ordinances, rules and regulations of a municipality or political subdivision, heretofore or hereafter adopted, [conflicting with this title or any rule or regu- lation of the authority or its subsidiaries, or New York city transit authority or its subsidiaries,] shall not be applicable to the activ- ities or operations of the authority and its subsidiaries, and New York city transit authority, or the facilities of the authority and its subsidiaries, and New York city transit authority and its subsidiaries, except such ACTIVITIES OR OPERATIONS OR facilities that are devoted SOLELY AND ENTIRELY to [purposes] A PURPOSE other than A transportation or transit [purposes] PURPOSE, WHICH TRANSPORTATION OR TRANSIT PURPOSE MAY BE THE PRODUCTION OF REVENUE AVAILABLE FOR THE COSTS AND EXPENSES OF ALL OR ANY ACTIVITIES OR OPERATIONS OR FACILITIES OF THE AUTHORITY AND ITS SUBSIDIARIES, AND NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSID- IARIES. Each municipality or political subdivision, including but not limited to a county, city, village, town or district in which any facil- ities of the authority or its subsidiaries, or New York city transit authority or its subsidiaries are located shall provide for such facili- ties police, fire and health protection services of the same character and to the same extent as those provided for residents of such munici- pality or political subdivision. The jurisdiction, supervision, powers and duties of the department of transportation of the state under the transportation law shall not extend to the authority in the exercise of any of its powers under this title. The authority may agree with such department for the execution by such department of any grade crossing elimination project or any grade crossing separation reconstruction project along any railroad facility operated by the authority or by one of its subsidiary corporations or under contract, lease or other arrangement with the authority. Any such project shall be executed as provided in article ten of the transporta- tion law and the railroad law, respectively, and the costs of any such project shall be borne as provided in such laws, except that the author- ity's share of such costs shall be borne by the state. 11. No project to be constructed upon real property theretofore used for a transportation purpose, or on an insubstantial addition to such property contiguous OR ADJACENT AND RELATED thereto, which will not change in a material respect the general character of such prior trans- portation use, nor any acts or activities in connection with such project, shall be subject to the provisions of article eight, nineteen, twenty-four or twenty-five of the environmental conservation law, or to any local law or ordinance adopted pursuant to any such article. Nor shall any acts or activities taken or proposed to be taken by the authority or by any other person or entity, public or private, in connection with the planning, design, acquisition, improvement, construction, reconstruction or rehabilitation of a transportation facility, other than a marine or aviation facility, be subject to the provisions of article eight of the environmental conservation law, or to any local law or ordinance adopted pursuant to any such article if such acts or activities require the preparation of a statement under or pursuant to any federal law or regulation as to the environmental impact thereof. NOR SHALL ANY ACQUISITION OR CONDEMNATION OF REAL PROPERTY, OR ACTS OR ACTIVITIES TAKEN OR PROPOSED TO BE TAKEN ON SUCH REAL PROPERTY, BE SUBJECT TO THE PROVISIONS OF ARTICLE EIGHT, NINETEEN, TWENTY-FOUR OR TWENTY-FIVE OF THE ENVIRONMENTAL CONSERVATION LAW, OR TO ANY LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO ANY SUCH ARTICLE, WHEN THE AUTHORITY HAS CERTIFIED TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION THAT SUCH S. 6408 14 A. 9008 REAL PROPERTY IS ACQUIRED OR CONDEMNED IN CONNECTION WITH A FUTURE PROJECT THAT WILL LIKELY CONSTITUTE A CAPITAL ELEMENT AS DEFINED BY SECTION TWELVE HUNDRED SIXTY-NINE-B OF THIS TITLE, UNTIL SUCH TIME AS THAT CAPITAL ELEMENT IS INCLUDED IN A CAPITAL PROGRAM PLAN OR UNTIL SUCH TIME AS THE PROJECT IS OTHERWISE SUBJECT TO THOSE PROVISIONS. 12-A. WHENEVER IN CONNECTION WITH THE IMPROVEMENT, CONSTRUCTION, RECONSTRUCTION OR REHABILITATION OF A TRANSPORTATION FACILITY, INCLUDING AS PART OF A JOINT ARRANGEMENT, THE AUTHORITY DETERMINES THAT THE PIPES, MAINS OR CONDUITS OF ANY PUBLIC SERVICE CORPORATION AND ANY FIXTURES AND APPLIANCES CONNECTED THEREWITH OR ATTACHED THERETO MUST BE REMOVED OR OTHERWISE PROTECTED OR REPLACED, THE COST OF SUCH REMOVAL, PROTECTION OR REPLACEMENT WHETHER PERFORMED BY THE AUTHORITY OR THE PUBLIC SERVICE CORPORATION SHALL BE BORNE SOLELY BY THE PUBLIC SERVICE CORPORATION. 19. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW, CODE, ORDINANCE, RULE OR REGULATION TO THE CONTRARY, THE AUTHORITY, ITS SUBSIDIARIES, NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARY MAY ERECT ADVERTISING SIGNS OR DEVICES INCLUDING ILLUMINATED OR DIGITAL SIGNS OR DEVICES WITHIN OR ON ANY OF ITS TRANSPORTATION FACILITIES AND MAY INSTALL, MAINTAIN, AND DISPLAY ADVERTISING ON SUCH SIGNS OR DEVICES, AND MAY RENT, LEASE, LICENSE OR OTHERWISE SELL THE RIGHT TO DO SO TO ANY PERSON, PRIVATE OR PUBLIC. SUCH ADVERTISING SIGNS OR DEVICES AND THE PRODUCTION OF REVENUE FROM THEM FOR THE AUTHORITY SHALL BE DEEMED A TRANSPORTATION PURPOSE AND NEITHER THE AUTHORITY, ITS SUBSIDIARIES, NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY, NOR ANY PERSON, PRIVATE OR PUBLIC, TO WHOM THE AUTHORITY, ITS SUBSIDIARIES, NEW YORK CITY TRANS- IT AUTHORITY OR ITS SUBSIDIARY HAS RENTED, LEASED, LICENSED OR OTHERWISE SOLD THE RIGHT TO INSTALL, MAINTAIN AND DISPLAY SUCH ADVERTISING MAY BE REQUIRED TO PAY ANY FEES, TAXES OR ASSESSMENTS, WHETHER STATE OR LOCAL, UPON SUCH ADVERTISING SIGNS OR DEVICES OR THE USE THEREOF OR THE REVENUE OR INCOME THEREFROM. S 4. The public authorities law is amended by adding a new section 1266-k to read as follows: S 1266-K. JOINT ARRANGEMENTS 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY IS AUTHORIZED, IN ADDITION TO ITS OTHER RIGHTS AND POWERS NOT INCONSISTENT WITH THE PROVISIONS OF THIS TITLE, TO: (A) ENTER INTO ANY JOINT ARRANGEMENT; (B) ACCEPT ANY GIFTS OR ANY APPROPRIATION OR GRANT OF FUNDS OR PROPER- TY FOR THE PURPOSES OF A JOINT ARRANGEMENT FROM ANY PRIVATE ENTITY OR PUBLIC ENTITY AND TO COMPLY WITH THE TERMS AND CONDITIONS THEREOF; (C) ISSUE ITS NOTES OR BONDS, TO FINANCE ALL OR ANY PART OF THE COSTS OF ANY JOINT ARRANGEMENT; (D) USE THE AUTHORITY'S EMINENT DOMAIN POWERS, ON SUCH TERMS AND CONDITIONS AS THE AUTHORITY DEEMS APPROPRIATE, TO ACQUIRE PROPERTY REQUIRED FOR JOINT ARRANGEMENTS; (E) TAKE AN EQUITY OR OTHER OWNERSHIP INTEREST IN ANY JOINT ARRANGE- MENT IN THE FORM OF STOCK OWNERSHIP, PARTNERSHIP INTERESTS OR OTHER INTERESTS AND MEMBERS OF THE AUTHORITY AND EMPLOYEES OF THE AUTHORITY SHALL BE PERMITTED TO SERVE ON THE BOARD OF DIRECTORS, MANAGEMENT COMMITTEE OR OTHER CONTROLLING BODY OF THE JOINT ARRANGEMENT PROVIDED THAT ANY SUCH APPOINTMENT SHALL HAVE BEEN APPROVED BY A MAJORITY OF THE WHOLE NUMBER OF MEMBERS OF THE AUTHORITY THEN IN OFFICE. 2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY MAY: S. 6408 15 A. 9008 (A) ACCEPT, FOLLOWING COMPLIANCE WITH THE PROCEDURE SET FORTH IN THIS SUBSECTION, PROPOSALS FROM PUBLIC ENTITIES OR PRIVATE ENTITIES FOR JOINT ARRANGEMENTS. (I) THE AUTHORITY IS HEREBY AUTHORIZED TO ACCEPT UNSOLICITED PROPOSALS FOR JOINT ARRANGEMENTS. (II) AN UNSOLICITED PROPOSAL MUST INCLUDE AT A MINIMUM: (A) A DESCRIPTION OF THE PROPOSED JOINT ARRANGEMENT, INCLUDING THE LOCATION, CONCEPTUAL DESIGN, ANY INTERCONNECTION OF SUCH JOINT ARRANGE- MENT WITH OTHER EXISTING OR PROPOSED TRANSPORTATION FACILITIES, AND THE BENEFITS TO THE AUTHORITY OF THE JOINT ARRANGEMENT; (B) THE PROJECTED TOTAL COST AND PLANS FOR FINANCING, INCLUDING SOURC- ES OF FUNDING, FOR THE JOINT ARRANGEMENT; (C) THE PROPOSED SCHEDULE FOR THE DEVELOPMENT OF THE PROPOSED JOINT ARRANGEMENT; (D) THE MEANS PROPOSED FOR THE PROCUREMENT OF THE PROPERTY INTERESTS REQUIRED FOR THE PROPOSED JOINT ARRANGEMENT; (E) INFORMATION RELATING TO THE CONSISTENCY OF THE PROPOSAL WITH THE CURRENT TRANSPORTATION PLANS OF THE AUTHORITY AND ANY AFFECTED STATE OR LOCAL JURISDICTION; (F) A LIST OF PERMITS AND APPROVALS REQUIRED FOR THE IMPLEMENTATION OF THE PROPOSED JOINT ARRANGEMENT AND A SCHEDULE FOR THE ACQUISITION OF SUCH PERMITS AND APPROVALS FROM THE APPROPRIATE LOCAL, STATE AND FEDERAL AGENCIES; (G) THE AUTHORITY'S PROPOSED ROLE AND RESPONSIBILITIES, INCLUDING ANY FINANCIAL ASSISTANCE, IN THE DEVELOPMENT OF THE PROPOSED JOINT ARRANGE- MENT AND IMPLEMENTATION OF THE PROPOSED TRANSPORTATION SERVICE; AND (H) THE NAME AND ADDRESS OF THE PROPOSER. (III) AFTER THE RECEIPT OF AN UNSOLICITED PROPOSAL, THE AUTHORITY MAY REQUIRE SUCH ADDITIONAL INFORMATION FROM THE PROPOSER AS THE AUTHORITY DEEMS PERTINENT TO THE CONSIDERATION OF THE PROPOSAL. (IV) AFTER THE RECEIPT OF AN UNSOLICITED PROPOSAL THAT THE AUTHORITY FINDS (A) TO HAVE FULFILLED THE REQUIREMENTS OF SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH, (B) TO BE CONSISTENT WITH THE AUTHORITY'S TRANSPORTATION OBJECTIVES, AND (C) TO BE A CONCEPT THAT THE AUTHORITY WISHES TO PURSUE, THE AUTHORITY MAY, AFTER CONSULTING WITH THE ENTITY MAKING THE PROPOSAL, PREPARE AND ISSUE A PUBLIC REQUEST FOR COMPETING PROPOSALS. (V) SUCH PUBLIC REQUEST FOR COMPETING PROPOSALS MUST: (A) DESCRIBE THE UNSOLICITED PROPOSAL IN SUCH A WAY THAT, IN THE DISCRETION OF THE AUTHORITY, IT FAIRLY SOLICITS COMPETITIVE PROPOSALS THAT COULD ACHIEVE THE TRANSPORTATION BENEFIT PROPOSED BY THE UNSOLICIT- ED PROPOSAL; (B) PROVIDE FOR A PERIOD, NOT TO EXCEED NINETY DAYS, FOR THE INITIAL SUBMISSION OF COMPETING PROPOSALS; AND (C) REQUIRE THAT SUCH COMPETING PROPOSALS INCLUDE THE INFORMATION REQUIRED FOR UNSOLICITED PROPOSALS, AS SET FORTH IN SUBPARAGRAPH (II) OF THIS PARAGRAPH. (VI) AFTER RECEIVING ANY SUCH COMPETING PROPOSALS, THE AUTHORITY MAY REQUIRE SUCH ADDITIONAL INFORMATION FROM ANY PROPOSER AS THE AUTHORITY DEEMS PERTINENT TO THE CONSIDERATION OF THE APPLICABLE PROPOSAL AND MAY ALLOW FOR THE SUBMISSION OF ADDITIONAL INFORMATION CONCERNING THE UNSO- LICITED PROPOSAL OR ANY COMPETING PROPOSAL. 3. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY MAY ENTER INTO A JOINT ARRANGEMENT WITH THE PUBLIC ENTITY OR PRIVATE ENTITY WHICH HAS SUBMITTED THE UNSOLICITED OR SOLICITED PROPOSAL THAT BEST DEMONSTRATES THE FOLLOWING: S. 6408 16 A. 9008 (A) A PUBLIC NEED FOR THE PROPOSED JOINT ARRANGEMENT; (B) THE PROPOSED JOINT ARRANGEMENT AND THE SCHEDULING OF ITS DEVELOP- MENT AND IMPLEMENTATION AND ITS CONNECTIONS TO THE EXISTING TRANSPORTA- TION SYSTEM ARE COMPATIBLE WITH THE TRANSPORTATION PLANS OF THE AUTHORI- TY AND OF ANY STATE OR LOCAL JURISDICTIONS; (C) THE ESTIMATED COST OF THE PROPOSED JOINT ARRANGEMENT AND OF DELIV- ERY OF THE TRANSPORTATION SERVICE IS REASONABLE AND THE EXPENDITURE OF ANY AUTHORITY FUNDS ON THE FACILITY WOULD PROVIDE A REASONABLE TRANSPOR- TATION BENEFIT, RELATIVE TO THE ESTIMATED COST; (D) THE FINANCING OF THE IMPLEMENTATION AND OPERATION OF THE PROPOSED JOINT ARRANGEMENT IS FEASIBLE; AND (E) THE PROPOSAL PROVIDES THE BEST VALUE TO THE AUTHORITY AND THE PROPOSED JOINT ARRANGEMENT SATISFIES ANY OTHER CRITERIA APPLIED BY THE AUTHORITY IN ASCERTAINING WHETHER IMPLEMENTATION AND OPERATION OF THE PROPOSED JOINT ARRANGEMENT IS IN THE INTERESTS OF THE AUTHORITY. 4. (A) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE AUTHORITY TO ACCEPT ANY UNSOLICITED PROPOSAL, MAKE ANY SOLICITATION OR REQUEST FOR COMPETITIVE PROPOSALS, OR ENTER INTO ANY AGREEMENT WITH ANY PUBLIC OR PRIVATE ENTITY. (B) NOTHING IN THIS SECTION SHALL BE DEEMED TO (I) SUPERSEDE OR LIMIT THE APPLICABILITY OF THE AUTHORITY'S EXISTING POWERS AND AUTHORITY, OR (II) REQUIRE THE AUTHORITY TO ACCEPT ANY PROJECT THROUGH THE PROVISIONS OF THIS SECTION, OR (III) REQUIRE THE AUTHORITY TO ENTER INTO ANY AGREE- MENTS HEREUNDER, OR (IV) REQUIRE THE AUTHORITY TO TAKE ANY ACTION THAT WOULD CONTRADICT OR IMPACT AN EXISTING AUTHORITY CONTRACT OR AGREEMENT WITH ITS BONDHOLDERS. (C) SECTION TWENTY-EIGHT HUNDRED NINETY-SEVEN OF THIS CHAPTER SHALL NOT APPLY TO ANY TRANSFER OF TITLE OR ANY OTHER BENEFICIAL INTEREST IN PERSONAL OR REAL PROPERTY BY THE AUTHORITY PURSUANT TO THE TERMS OF A JOINT ARRANGEMENT. (D) THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE ANY RULES AND REGULATIONS DEEMED NECESSARY OR DESIRABLE FOR THE IMPLEMENTATION OF THIS SECTION. 5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AGREEMENTS ENTERED INTO PURSUANT TO THIS SECTION MAY PROVIDE FOR: (A) THE PLANNING, ACQUISITION, DESIGN, CONSTRUCTION, RECONSTRUCTION, REHABILITATION, ESTABLISHMENT, IMPROVEMENT, RENOVATION, EXTENSION, REPAIR, OPERATION, MAINTENANCE, DEVELOPMENT OR FINANCING OF TRANSPORTA- TION FACILITIES AND JOINT ARRANGEMENTS AND THE PROVISION OF TRANSPORTA- TION SERVICES. (B) THE ESTABLISHMENT, LEVY AND COLLECTION OF FARES, USER FEES, TOLLS, RENTALS, RATES OR OTHER CHARGES FOR THE USE OF TRANSPORTATION FACILI- TIES, JOINT ARRANGEMENTS OR FOR THE RECEIPT OF TRANSPORTATION SERVICES PURSUANT TO THIS SECTION AS THE AUTHORITY MAY DEEM NECESSARY, CONVENIENT OR DESIRABLE; AND (C) THE CROSSING OF ANY STREET, HIGHWAY, RAILROAD, CANAL, NAVIGABLE WATER COURSE OR RIGHT-OF-WAY, SO LONG AS THE CROSSING DOES NOT UNREASON- ABLY INTERFERE WITH THE REASONABLE USE THEREOF. 6. IN THE EVENT A PUBLIC OR PRIVATE ENTITY MATERIALLY DEFAULTS ON ITS OBLIGATIONS UNDER A JOINT ARRANGEMENT, THE AUTHORITY IS HEREBY AUTHOR- IZED TO ACQUIRE ALL OR ANY PORTION OF ANY JOINT ARRANGEMENT CONSTRUCTED BY OR IN CONJUNCTION WITH SUCH PUBLIC ENTITY OR PRIVATE ENTITY, WITH ANY DAMAGES SUFFERED TO THE AUTHORITY AS A RESULT OF SUCH DEFAULT BEING AN OFFSET TO THE COMPENSATION PROVIDED FOR THE ACQUISITION OF THE JOINT ARRANGEMENT. IN THE EVENT OF SUCH ACQUISITION AND NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY IS HEREBY AUTHORIZED, S. 6408 17 A. 9008 BUT NOT REQUIRED, TO OPERATE AND MAINTAIN THE JOINT ARRANGEMENT, INCLUD- ING THE IMPOSITION AND COLLECTION OF APPLICABLE FEES, FARES, TOLLS OR OTHER CHARGES. 7. ANY REQUEST FOR PROPOSAL OR AGREEMENT ENTERED PURSUANT TO THIS SECTION SHALL MAKE PROVISION FOR THE PROTECTION OF INTERESTS AND RIGHTS IN INTELLECTUAL PROPERTY AND TRADE SECRETS. THE CONTENTS OF PROPOSALS RECEIVED BY THE AUTHORITY PURSUANT TO THIS SECTION SHALL BE CONSIDERED, FOR THE PURPOSES OF SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW, RECORDS WHICH, IF DISCLOSED, WOULD IMPAIR PRESENT OR IMMINENT CONTRACT AWARDS. S 5. Subdivisions 5 and 6 of section 1267 of the public authorities law, as added by chapter 324 of the laws of 1965, are amended to read as follows: 5. The authority may, whenever it determines that it is in the inter- est of the authority, dispose of any real property or property other than real property, which it determines is not necessary, convenient or desirable for its purposes. SUCH DISPOSALS OF REAL OR PERSONAL PROPERTY MAY BE NEGOTIATED OR MADE BY PUBLIC AUCTION AS PERMITTED BY SUBDIVISION SIX OF SECTION TWENTY-EIGHT HUNDRED NINETY-SEVEN OF THIS CHAPTER AND MAY ALSO BE MADE BY NEGOTIATION IF: (A) THE CHARACTER OR CONDITION OF THE PROPERTY, THE NATURE OF THE INTEREST TO BE CONVEYED, OR OTHER UNIQUE CIRCUMSTANCES OF THE DISPOSAL MAKE IT IMPRACTICABLE TO ADVERTISE PUBLICLY; AN APPRAISAL OF THE ESTI- MATED FAIR MARKET VALUE OF THE PROPERTY HAS BEEN MADE BY AN INDEPENDENT APPRAISER AND INCLUDED IN THE RECORD OF THE TRANSACTION; AND THE CONSID- ERATION RECEIVED BY THE AUTHORITY FOR THE PROPERTY, INCLUDING THE VALUE OF OTHER PROPERTY EXCHANGED, WILL NOT BE LESS THAN THE PROPERTY'S APPRAISED VALUE; OR (B) THE DISPOSAL IS MADE TO A GOVERNMENT OR OTHER PUBLIC ENTITY, AND THE TERMS AND CONDITIONS OF THE TRANSFER REQUIRE THAT THE OWNERSHIP AND USE OF THE PROPERTY WILL REMAIN WITH THE GOVERNMENT OR OTHER PUBLIC ENTITY, OR THE DISPOSAL IS PART OF A TRANSACTION THAT FURTHERS AND IS WITHIN THE AUTHORITY'S PURPOSE OR MISSION AND THE APPRAISED VALUE OF THE PROPERTY AND OTHER SATISFACTORY TERMS OF DISPOSAL ARE OBTAINED. 6. The authority may, whenever it shall determine that it is in the interest of the authority, rent, lease, [or] grant, MODIFY OR EXCHANGE easements or other rights in, any land or property of the authority AND TO THE EXTENT SUCH A LEASE, GRANT, MODIFICATION OR EXCHANGE IS DEEMED A DISPOSAL THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION SHALL APPLY. S 6. Subdivision 1 of section 119-r of the general municipal law, as added by chapter 717 of the laws of 1967, is amended to read as follows: 1. To assure the provision of mass transportation services to the public at adequate levels and at reasonable cost, every city, town, village or county not wholly contained within a city, shall have power to adopt local laws to authorize: a. The acquisition, construction, reconstruction, improvement, equip- ment, maintenance, FINANCING, or operation of one or more mass transpor- tation projects. Such municipal corporation shall have power to occupy or use any of the streets, roads, highways, avenues, parks or public places of such municipal corporation therefor and to agree upon and contract for the terms and conditions thereof. b. The making of a contract or contracts for the acquisition by purchase of all or any part of the property, plant and equipment of an existing mass transportation facility actually used and useful for the convenience of the public. S. 6408 18 A. 9008 c. The making of a contract or contracts with any person, firm or corporation, including a public authority, for the equipment, mainte- nance or operation of a mass transportation facility owned, acquired, constructed, reconstructed or improved by it. d. The making of a contract or contracts for a fair and reasonable consideration for mass transportation services to be rendered to the public by a privately-owned or operated mass transportation facility. Such power shall include but not be limited to the power to appropriate funds for payment of such consideration, and to provide that all or part of such consideration shall be in the form of capital equipment to be furnished to and used and maintained by such privately-owned or operated mass transportation facility. e. The making of unconditional grants of money or property to a public authority providing mass transportation services to all or part of such municipal corporation in order to assist such public authority in meet- ing its capital or operating expenses, provided such money does not consist of borrowed funds and such property has not been acquired by the use of borrowed funds. Such purpose is hereby declared to be county, city, town or village purposes, respectively. The provisions of this paragraph are intended as enabling legislation only and shall not be interpreted as implying that absent their enactment a municipal corpo- ration would lack the power to authorize any such grant; but they shall not be interpreted as an authorization to public authorities generally to accept such grants. The acceptance of any such grant by a public authority shall not operate to make such authority an agency of the municipal corporation making the grant. F. THE MAKING OF A CONTRACT WITH THE METROPOLITAN TRANSPORTATION AUTHORITY, BY ITSELF OR WITH ONE OR MORE OTHER MUNICIPAL CORPORATIONS, WHICH SHALL CONSTITUTE A JOINT ARRANGEMENT AS DEFINED IN SUBDIVISION NINE-A OF SECTION TWELVE HUNDRED SIXTY-ONE OF THE PUBLIC AUTHORITIES LAW, TO ASSIST THE AUTHORITY IN MEETING ITS CAPITAL OR OPERATING EXPENSES IN PROVIDING MASS TRANSPORTATION SERVICES OF BENEFIT TO ALL OR PART OF SUCH MUNICIPAL CORPORATION, INCLUDING UNDERTAKING A MASS TRANS- PORTATION CAPITAL PROJECT IN OR NEAR THE MUNICIPAL CORPORATION. UNDER SUCH A JOINT ARRANGEMENT, A MUNICIPAL CORPORATION MAY, ACCORDING TO THE TERMS OF THE CONTRACT WITH THE AUTHORITY, ESTABLISH, LEVY AND COLLECT SUCH FARES, TOLLS, RENTALS, RATES, TAXES, ASSESSMENTS, CHARGES AND OTHER FEES AND MAY CONDITIONALLY OR UNCONDITIONALLY GRANT OR PLEDGE A PORTION OF ITS REVENUES ALLOCATED ACCORDING TO SUBDIVISION E OF THIS SECTION. G. THE DESIGNATION OF A MASS TRANSPORTATION CAPITAL PROJECT DISTRICT THAT A MUNICIPAL CORPORATION DEFINES AS BENEFITTING FROM ANY MASS TRANS- PORTATION CAPITAL PROJECT. UPON DESIGNATING SUCH A DISTRICT, THE MUNICI- PAL CORPORATION MAY ALLOCATE A PORTION OF ITS REVENUES FROM THE DISTRICT ACCORDING TO TERMS IT DESIGNS OR HAS AGREED TO BY CONTRACT. NOTWITH- STANDING ANY OTHER LAW, THE MUNICIPAL CORPORATION MAY, IN ALLOCATING AND COLLECTING REVENUES FROM THE DISTRICT, MAKE USE OF ONE OR MORE METHODS TO CAPTURE THE VALUE CREATED BY A MASS TRANSPORTATION CAPITAL PROJECT, INCLUDING, BUT NOT LIMITED TO: (I) TAX INCREMENT FINANCING, MEANING THE ALLOCATION OF AN INCREMENT OF PROPERTY TAX REVENUES IN EXCESS OF THE AMOUNT LEVIED AT THE TIME PRIOR TO PLANNING OF A MASS TRANSPORTATION CAPITAL PROJECT; (II) A SPECIAL TRANSPORTATION ASSESSMENT, MEANING A CHARGE IMPOSED UPON BENEFITED REAL PROPERTY IN PROPORTION TO THE BENEFIT RECEIVED BY SUCH PROPERTY FROM A MASS TRANSPORTATION CAPITAL PROJECT, WHICH SHALL NOT CONSTITUTE A TAX; S. 6408 19 A. 9008 (III) A TRANSPORTATION UTILITY FEE, MEANING A CHARGE IMPOSED IN PROPORTION TO THE BENEFIT RECEIVED FROM OR THE DEMAND IMPOSED ON A MASS TRANSPORTATION CAPITAL PROJECT, WHICH SHALL NOT CONSTITUTE A TAX; (IV) LAND VALUE TAXATION, MEANING THE ALLOCATION OF AN INCREMENT OF TAX REVENUES GAINED FROM LEVYING TAXES ON THE ASSESSED VALUE OF TAXABLE LAND AT A HIGHER RATE THAN THE IMPROVEMENTS, AS DEFINED IN SUBDIVISION TWELVE OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW; (V) SOME COMBINATION OF THE ABOVE OR OTHER METHODS OF GAINING REVENUES THAT THE MUNICIPAL CORPORATION IS EMPOWERED TO USE, PROVIDED THAT THE TOTAL AMOUNT OF ALL TAXES, ASSESSMENTS, FEES, CHARGES, OR RATES LEVIED ON EACH PARCEL OR LOT UNDER THIS SECTION SHALL BE LIMITED TO A PROPOR- TIONATE AMOUNT AS NEAR AS POSSIBLE TO THE ACTUAL BENEFIT WHICH EACH LOT OR PARCEL WILL DERIVE FROM THE MASS TRANSPORTATION CAPITAL PROJECT; (VI) WITHIN ANY MASS TRANSPORTATION CAPITAL PROJECT DISTRICT THAT A MUNICIPAL CORPORATION SHALL DESIGNATE, ANY LIMIT OR CAP TO THE LEVY OR PROPERTY TAXES OR ASSESSMENT OF TAXABLE VALUE SHALL NOT APPLY. S 7. Paragraph (g) of subdivision 2 of section 3-c of the general municipal law is amended by adding a new subparagraph (v) to read as follows: (V) A TAX LEVY WITHIN A MASS TRANSPORTATION CAPITAL PROJECT DISTRICT, DESIGNATED PURSUANT TO ARTICLE FIVE-I OF THE GENERAL MUNICIPAL LAW. S 8. This act shall take effect immediately; provided that the amend- ment made to section 3-c of the general municipal law by section seven of this act shall not affect the repeal of said section and shall be deemed repealed therewith. PART D Section 1. Section 399-l of the vehicle and traffic law, as added by chapter 751 of the laws of 2005, is amended to read as follows: S 399-l. Application. Applicants for participation in the pilot program established pursuant to this article shall be among those acci- dent prevention course sponsoring agencies that have a course approved by the commissioner pursuant to article twelve-B of this title prior to the effective date of this article and which deliver such course to the public. Provided, however, the commissioner may, in his or her discretion, approve applications after such date. In order to be approved for participation in such pilot program, the course must comply with the provisions of law, rules and regulations applicable thereto. The commissioner may, in his or her discretion, impose a fee for the submission of each application to participate in the pilot program established pursuant to this article. Such fee shall not exceed seven thousand five hundred dollars. The proceeds from such fee shall be deposited [in the accident prevention course internet technology pilot program fund as established by section eighty-nine-g of the state finance law] BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB- LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTABLISHED IN THIS SECTION. S 2. Subdivision 2 of section 89-g of the state finance law is REPEALED and subdivisions 3 and 4 are renumbered subdivisions 2 and 3. S 3. Section 5 of chapter 751 of the laws of 2005, amending the insur- ance 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 E of chapter 57 of the laws of 2014, is amended to read as follows: S. 6408 20 A. 9008 S 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 [May 31, 2019] APRIL 1, 2020; provided that any rules and regulations neces- sary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date. S 4. Paragraph a of subdivision 5 of section 410 of the vehicle and traffic law, as amended by section 16 of part G of chapter 59 of the laws of 2009, is amended to read as follows: a. The annual fee for registration or reregistration of a motorcycle shall be eleven dollars and fifty cents. Beginning April first, nine- teen hundred ninety-eight the annual fee for registration or reregistra- tion of a motorcycle shall be seventeen dollars and fifty cents, of which two dollars and fifty cents shall be deposited BY THE COMPTROLLER into the [motorcycle safety fund established pursuant to section nine- ty-two-g of the state finance law] SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB- LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTABLISHED IN THIS SECTION. S 5. Paragraph (c-1) of subdivision 2 of section 503 of the vehicle and traffic law, as added by chapter 435 of the laws of 1997, is amended to read as follows: (c-1) In addition to the fees established in paragraphs (b) and (c) of this subdivision, a fee of fifty cents for each six months or portion thereof of the period of validity shall be paid upon the issuance of any permit, license or renewal of a license which is valid for the operation of a motorcycle, except a limited use motorcycle. Fees collected pursu- ant to this paragraph shall be deposited BY THE COMPTROLLER into the [motorcycle safety fund established pursuant to section ninety-two-g of the state finance law] SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTAB- LISHED IN THIS SECTION. S 6. Subdivision 2 of section 92-g of the state finance law is REPEALED and subdivisions 3 and 4 are renumbered subdivisions 2 and 3. S 7. Section 92-g of the state finance law is REPEALED. S 8. Section 317 of the vehicle and traffic law is amended by adding a new subdivision 5 to read as follows: 5. ALL ASSESSMENTS CHARGED AND COLLECTED BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW. S 9. Paragraph (b) of subdivision 1-a of section 318 of the vehicle and traffic law, as amended by section 1-b of part A of chapter 63 of the laws of 2005, is amended to read as follows: (b) Notwithstanding the provisions of paragraph (a) of this subdivi- sion, an order of suspension issued pursuant to paragraph (a) or (e) of this subdivision may be terminated if the registrant pays to the commis- sioner a civil penalty in the amount of eight dollars for each day up to thirty days for which financial security was not in effect, plus ten dollars for each day from the thirty-first to the sixtieth day for which financial security was not in effect, plus twelve dollars for each day from the sixty-first to the ninetieth day for which financial security was not in effect. Of each eight dollar penalty, six dollars will be deposited in the general fund and two dollars in the [miscellaneous special revenue fund - compulsory insurance account] SPECIAL OBLIGATION S. 6408 21 A. 9008 RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTABLISHED IN THIS SECTION. Of each ten dollar penalty collected, six dollars will be deposited in the general fund, two dollars will be deposited in the [miscellaneous special revenue fund - compulsory insurance account] SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTABLISHED IN THIS SECTION, and two dollars shall be deposited in the dedicated highway and bridge trust fund established pursuant to section eighty-nine-b of the state finance law and the dedicated mass transportation fund established pursuant to section eighty-nine-c of the state finance law and distributed according to the provisions of subdi- vision (d) of section three hundred one-j of the tax law. Of each twelve dollar penalty collected, six dollars will be deposited into the general fund, two dollars will be deposited into the [miscellaneous special revenue fund - compulsory insurance account] SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTABLISHED IN THIS SECTION, and four dollars shall be deposited in the dedicated highway and bridge trust fund established pursuant to section eighty-nine-b of the state finance law and the dedi- cated mass transportation fund established pursuant to section eighty- nine-c of the state finance law and distributed according to the provisions of subdivision (d) of section three hundred one-j of the tax law. The foregoing provision shall apply only once during any thirty-six month period and only if the registrant surrendered the certificate of registration and number plates to the commissioner not more than ninety days from the date of termination of financial security or submits to the commissioner new proof of financial security which took effect not more than ninety days from the termination of financial security. S 10. Section 423-a of the vehicle and traffic law is amended by adding a new subdivision 6 to read as follows: 6. ALL FUNDS COLLECTED FROM THE DEPARTMENT'S SHARE OF THE SALE OF ASSETS PURSUANT TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW. S 11. Paragraph (a) of subdivision 3 of section 89-b of the state finance law, as amended by section 8 of part C of chapter 57 of the laws of 2014, is amended to read as follows: (a) The special obligation reserve and payment account shall consist (i) of all moneys required to be deposited in the dedicated highway and bridge trust fund pursuant to the provisions of sections two hundred five, two hundred eighty-nine-e, three hundred one-j, five hundred fifteen and eleven hundred sixty-seven of the tax law, section four hundred one of the vehicle and traffic law, and section thirty-one of chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all fees, fines or penalties collected by the commissioner of transportation AND THE COMMISSIONER OF MOTOR VEHICLES pursuant to section fifty-two, section three hundred twenty-six, section eighty-eight of the highway law, subdivision fifteen of section three hundred eighty-five, SECTION FOUR HUNDRED TWENTY-THREE-A, SECTION FOUR HUNDRED TEN, SECTION THREE HUNDRED SEVENTEEN, SECTION THREE HUNDRED EIGHTEEN, ARTICLE TWELVE-C, AND PARAGRAPH (C-1) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THREE of the vehicle and traffic law, section two of the chapter of the laws of two S. 6408 22 A. 9008 thousand three that amended this paragraph, subdivision (d) of section three hundred four-a, paragraph one of subdivision (a) and subdivision (d) of section three hundred five, subdivision six-a of section four hundred fifteen and subdivision (g) of section twenty-one hundred twen- ty-five of the vehicle and traffic law, section fifteen of this chapter, excepting moneys deposited with the state on account of betterments performed pursuant to subdivision twenty-seven or subdivision thirty- five of section ten of the highway law, and sections ninety-four, one hundred thirty-five, [one hundred forty-four] and one hundred forty-five of the transportation law, (iii) any moneys collected by the department of transportation for services provided pursuant to agreements entered into in accordance with section ninety-nine-r of the general municipal law, (IV) ANY MONEYS COLLECTED BY THE DEPARTMENT OF MOTOR VEHICLES, and [(iv)] (V) any other moneys collected therefor or credited or trans- ferred thereto from any other fund, account or source. S 12. Paragraph (a) of subdivision 3 of section 89-b of the state finance law, as amended by section 9 of part C of chapter 57 of the laws of 2014, is amended to read as follows: (a) The special obligation reserve and payment account shall consist (i) of all moneys required to be deposited in the dedicated highway and bridge trust fund pursuant to the provisions of sections two hundred eighty-nine-e, three hundred one-j, five hundred fifteen and eleven hundred sixty-seven of the tax law, section four hundred one of the vehicle and traffic law, and section thirty-one of chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all fees, fines or penalties collected by the commissioner of transportation AND THE COMMISSIONER OF MOTOR VEHICLES pursuant to section fifty-two, section three hundred twenty-six, section eighty-eight of the highway law, subdivision fifteen of section three hundred eighty-five, SECTION FOUR HUNDRED TWENTY-THREE-A, SECTION FOUR HUNDRED TEN, SECTION THREE HUNDRED SEVENTEEN, SECTION THREE HUNDRED EIGHTEEN, ARTICLE TWELVE-C, AND PARA- GRAPH (C-1) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THREE of the vehicle and traffic law, section fifteen of this chapter, excepting moneys deposited with the state on account of betterments performed pursuant to subdivision twenty-seven or subdivision thirty-five of section ten of the highway law, and sections ninety-four, one hundred thirty-five, [one hundred forty-four] and one hundred forty-five of the transportation law, (iii) any moneys collected by the department of transportation for services provided pursuant to agreements entered into in accordance with section ninety-nine-r of the general municipal law, (IV) ANY MONEYS COLLECTED BY THE DEPARTMENT OF MOTOR VEHICLES, and [(iv)] (V) any other moneys collected therefor or credited or trans- ferred thereto from any other fund, account or source. S 13. This act shall take effect immediately; provided, however, that section seven of this act shall take effect April 1, 2020; provided further, however, that the amendments to section 399-1 of the vehicle and traffic law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith; and provided further, however, that the amendments to paragraph (a) of subdivision 3 of section 89-b of the state finance law made by section eleven of this act shall be subject to the expiration and reversion of such paragraph pursuant to section 13 of part U1 of chapter 62 of the laws of 2003, as amended, when upon such date the provisions of section twelve of this act shall take effect. PART E S. 6408 23 A. 9008 Section 1. Subparagraph (vi) of paragraph (b) of subdivision 2 of section 501 of the vehicle and traffic law, as added by chapter 173 of the laws of 1990, is amended to read as follows: (vi) Farm endorsement. Shall be required to operate a farm vehicle or a combination of farm vehicles which may not be operated with a class C, D or E license AND WHICH IS USED TO TRANSPORT HAZARDOUS MATERIALS AS DEFINED IN SECTION ONE HUNDRED THREE OF THE HAZARDOUS MATERIALS TRANS- PORTATION ACT, PUBLIC LAW 93-633 TITLE I, WHEN THE VEHICLE TRANSPORTING SUCH MATERIALS IS REQUIRED TO BE PLACARDED UNDER THE HAZARDOUS MATERIALS REGULATION, 49 CFR PART 172, SUBPART F OR IS TRANSPORTING ANY QUANTITY OF MATERIAL LISTED AS A SELECT AGENT OR TOXIN IN 42 CFR PART 73. The identification and scope of any such endorsement or endorsements shall be as prescribed by regulation of the commissioner. Such identification and scope shall, at a minimum, include a distinction between the opera- tion of a farm vehicle having a GVWR of more than twenty-six thousand pounds within one hundred fifty miles of the person's farm and the oper- ation of a combination of farm vehicles having a GVWR of more than twen- ty-six thousand pounds within one hundred fifty miles of the person's farm. S 2. Subparagraph (i) of paragraph (b) of subdivision 4 of section 501-a of the vehicle and traffic law, as amended by chapter 36 of the laws of 2009, is amended to read as follows: (i) a personal use vehicle, A COVERED FARM VEHICLE or a farm vehicle or a combination of such vehicles; S 3. Subdivision 7 of section 501-a of the vehicle and traffic law, as added by chapter 173 of the laws of 1990, is amended and a new subdivi- sion 9 is added to read as follows: 7. Farm vehicle. A vehicle having a GVWR of not more than twenty-six thousand pounds which is controlled and operated by a farmer, is used to transport agricultural products, farm machinery, farm supplies or all of the aforementioned to or from the farm and is not used in the operations of a common or contract motor carrier and, such a vehicle having a GVWR of more than twenty-six thousand pounds while being used within one hundred fifty miles of the person's farm, AND SUCH VEHICLE IS USED TO TRANSPORT HAZARDOUS MATERIALS AS DEFINED IN SECTION ONE HUNDRED THREE OF THE HAZARDOUS MATERIALS TRANSPORTATION ACT, PUBLIC LAW 93-633, TITLE I, WHEN THE VEHICLE TRANSPORTING SUCH MATERIALS IS REQUIRED TO BE PLACARDED UNDER THE HAZARDOUS MATERIALS REGULATION, 49 CFR PART 172, SUBPART F OR IS TRANSPORTING ANY QUANTITY OF MATERIAL LISTED AS A SELECT AGENT OR TOXIN IN 42 CFR PART 73; PROVIDED, HOWEVER, A FARM VEHICLE MAY ONLY BE OPERATED IN ANOTHER STATE IF SUCH STATE PERMITS THE OPERATION OF A FARM VEHICLE IN SUCH STATE. 9. COVERED FARM VEHICLE. (A) A VEHICLE OR COMBINATION OF VEHICLES REGISTERED IN THIS STATE, WHICH (I) DISPLAYS A COVERED FARM VEHICLE DESIGNATION ISSUED BY THE COMMISSIONER, (II) OPERATED BY THE OWNER OR OPERATOR OF A FARM OR RANCH, OR AN EMPLOYEE OR FAMILY MEMBER OF AN OWNER OR OPERATOR OF A FARM OR RANCH, (III) USED TO TRANSPORT AGRICULTURAL COMMODITIES, LIVESTOCK, MACHINERY OR SUPPLIES TO OR FROM A FARM OR RANCH, (IV) NOT USED IN FOR-HIRE MOTOR CARRIER OPERATIONS; HOWEVER, FOR-HIRE MOTOR CARRIER OPERATIONS DO NOT INCLUDE OPERATION BY A TENANT PURSUANT TO A CROP SHARE FARM LEASE AGREEMENT TO TRANSPORT THE LAND- LORD'S PORTION OF THE CROPS UNDER THAT AGREEMENT; AND (V) NOT USED FOR THE TRANSPORTATION OF HAZARDOUS MATERIALS. (B) A COVERED FARM VEHICLE WITH A GROSS VEHICLE WEIGHT OR GROSS VEHI- CLE WEIGHT RATING, WHICHEVER IS GREATER, OF TWENTY-SIX THOUSAND POUNDS OR LESS, MAY OPERATE ANYWHERE IN THE UNITED STATES. S. 6408 24 A. 9008 (C) A COVERED FARM VEHICLE WITH A GROSS VEHICLE WEIGHT OR GROSS VEHI- CLE WEIGHT RATING, WHICHEVER IS GREATER, OF MORE THAN TWENTY-SIX THOU- SAND POUNDS, MAY OPERATE ANYWHERE IN THIS STATE OR ACROSS STATE LINES WITHIN ONE HUNDRED FIFTY AIR MILES OF THE FARM OR RANCH. THE OPERATOR OF SUCH A COVERED FARM VEHICLE SHALL OBTAIN AN ENDORSEMENT AS PROVIDED FOR IN PARAGRAPH (D) OF THIS SUBDIVISION. (D) THE COMMISSIONER SHALL, BY REGULATION, DESIGNATE AN ENDORSEMENT OR ENDORSEMENTS FOR THE OPERATION OF COVERED FARM VEHICLES WEIGHING MORE THAN TWENTY-SIX THOUSAND POUNDS. THE IDENTIFICATION AND SCOPE OF SUCH ENDORSEMENT OR ENDORSEMENTS SHALL, AT A MINIMUM, INCLUDE A DISTINCTION BETWEEN THE OPERATION OF A COVERED FARM VEHICLE HAVING A GROSS VEHICLE WEIGHT OR GROSS VEHICLE WEIGHT RATING OF MORE THAN TWENTY-SIX THOUSAND POUNDS AND THE OPERATION OF A COMBINATION OF COVERED FARM VEHICLES HAVING A GROSS VEHICLE WEIGHT OR GROSS VEHICLE WEIGHT RATING OF MORE THAN TWENTY-SIX THOUSAND POUNDS. (E) FOR THE PURPOSES OF THIS SUBDIVISION, THE GROSS VEHICLE WEIGHT OF A VEHICLE SHALL MEAN THE ACTUAL WEIGHT OF THE VEHICLE AND THE LOAD. S 4. Subparagraph (iv) of paragraph (b) of subdivision 2 of section 501 of the vehicle and traffic law, as added by chapter 173 of the laws of 1990, is amended to read as follows: (iv) P endorsement. Shall be required to operate a bus as defined in sections one hundred four and five hundred nine-a of this chapter OR ANY MOTOR VEHICLE WITH A GROSS VEHICLE WEIGHT OR GROSS VEHICLE WEIGHT RATING OF MORE THAN TWENTY-SIX THOUSAND POUNDS WHICH IS DESIGNED TO TRANSPORT PASSENGERS IN COMMERCE. FOR THE PURPOSES OF THIS SUBPARAGRAPH THE GROSS VEHICLE WEIGHT OF A VEHICLE SHALL MEAN THE ACTUAL WEIGHT OF THE VEHICLE AND THE LOAD. S 5. This act shall take effect on the ninetieth day after it shall have become a law. PART F 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 M of chapter 58 of the laws of 2015, 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, [2016] 2017. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2016. PART G 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 New York state urban development corporation to make loans, as amended by section 1 of part N of chapter 58 of the laws of 2015, is amended to read as follows: S 2. This act shall take effect immediately provided, however, that section one of this act shall expire on July 1, [2016] 2017, 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 S. 6408 25 A. 9008 any loan made pursuant to the authority of such subdivision prior to such expiration and repeal. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. PART H Section 1. This act shall be known and may be cited as the "Transfor- mational Economic Development Infrastructure and Revitalization Projects act". S 2. Definitions. For the purposes of this act, the following terms shall have the following meanings: 1. "Transformational Economic Development Infrastructure and Revitali- zation Projects act" or "projects" shall include construction projects in the county of New York related to the Jacob V. Javits Convention Center, the Empire State Station Complex, the James A. Farley Building Replacement, and the Pennsylvania Station New York Redevelopment. The term "project" shall refer to any of these construction projects. 2. "Authorized entity" shall mean the New York State Urban Development Corporation, the New York Convention Center Development Corporation, and their subsidiaries. 3. "Best value" shall mean the basis for awarding contracts for services to the bidder that optimize quality, cost and efficiency, price and performance criteria, which may include, but is not limited to: (a) The quality of the contractor's performance on previous projects; (b) The timeliness of the contractor's performance on previous projects; (c) The level of customer satisfaction with the contractor's perform- ance on previous projects; (d) The contractor's record of performing previous projects on budget and ability to minimize cost overruns; (e) The contractor's ability to limit change orders; (f) The contractor's ability to prepare appropriate project plans; (g) The contractor's technical capacities; (h) The individual qualifications of the contractor's key personnel; (i) The contractor's ability to assess and manage risk and minimize risk impact; and (j) The contractor's past record of encouraging women and minority- owned business enterprise participation and compliance with article 15-A of the executive law. Such basis shall reflect, wherever possible, objective and quantifi- able analysis. 4. "Design-build contract" shall mean, in conformity with the require- ments of this act, a contract for the design and construction of the projects with a single entity, which may be a team comprised of separate entities. 5. "Procurement record" shall mean documentation of the decisions made and the approach taken in the procurement process. 6. "Project labor agreement" shall mean a pre-hire collective bargain- ing agreement between a contractor and a bona fide building and construction trade labor organization establishing the labor organiza- tion as the collective bargaining representative for all persons who will perform work on the project, and which provides that only contrac- tors and subcontractors who sign a pre-negotiated agreement with the labor organization can perform project work. S. 6408 26 A. 9008 S 3. Notwithstanding section 103 of the general municipal law or the provisions of any other law to the contrary, in conformity with the requirements of this act, and only when a project labor agreement is performed, the authorized entity may utilize the alternative delivery method referred to as a design-build contract for the project. The authorized entity shall ensure that its procurement record reflects the design-build contract process authorized by this act. S 4. An entity selected by the authorized entity to enter into a design-build contract for the project shall be selected through a two- step method, as follows: 1. Step one. Generation of a list of entities that have demonstrated the general capability to perform a design-build contract for the project. Such list shall consist of a specified number of entities, as determined by the authorized entity, and shall be generated based upon the authorized entity's review of responses to a publicly advertised request for qualifications for the project. The authorized entity's request for qualifications for the project shall include a general description of the project, the maximum number of entities to be included on the list, and the selection criteria to be used in generat- ing the list. Such selection criteria shall include the qualifications and experience of the design and construction team, organization, demon- strated responsibility, ability of the team or of a member or members of the team to comply with applicable requirements, including the provisions of articles 145, 147 and 148 of the education law, past record of compliance with the labor law including prevailing wage requirements under state and federal law; the past record of compliance with existing labor standards and maintaining harmonious labor relations; the record of protecting the health and safety of workers on public works projects and job sites as demonstrated by the experience modification rate for each of the last three years; the prospective bidder's ability to undertake the particular type and complexity of work; the financial capability, responsibility and reliability of the prospective bidder for such type and complexity of work; the prospective bidder's compliance with equal employment opportunity requirements and anti-discrimination laws, and demonstrated commitment to working with minority and women-owned businesses through joint ventures or subcon- tractor relationships; whether or not the prospective bidder or a person or entity with an interest of at least ten per centum in the prospective bidder, is debarred for having disregarded obligations to employees under the Davis-Bacon Act pursuant to 40 U.S.C. 3144 and 29 C.F.R. 5.12 and such other qualifications the authorized entity deems appropriate which may include but are not limited to project understanding, finan- cial capability and record of past performance. The authorized entity shall evaluate and rate all entities responding to the request for qual- ifications. Based upon such ratings, the authorized entity shall list the entities that shall receive a request for proposals in accordance with subdivision two of this section. To the extent consistent with applicable federal law, the authorized entity shall consider, when awarding any contract pursuant to this section, the participation of: (a) firms certified pursuant to article 15-A of the executive law as minority or women-owned businesses and the ability of other businesses under consideration to work with minority and women-owned businesses so as to promote and assist participation by such businesses; and (b) small business concerns identified pursuant to subdivision (b) of section 139-g of the state finance law. S. 6408 27 A. 9008 2. Step two. Selection of the proposal which is the best value to the authorized entity. The authorized entity shall issue a request for proposals for the project to the entities listed pursuant to subdivision one of this section. If such an entity consists of a team of separate entities, the entities that comprise such a team must remain unchanged from the entity as listed pursuant to subdivision one of this section unless otherwise approved by the authorized entity. The request for proposals for the project shall set forth the project's scope of work, and other requirements, as determined by the authorized entity. The request for proposals shall specify the criteria to be used to evaluate the responses and the relative weight of each such criteria. Such crite- ria shall include the proposal's cost, the quality of the proposal's solution, the qualifications and experience of the design-build entity, and other factors deemed pertinent by the authorized entity, which may include, but shall not be limited to, the proposal's project implementa- tion, ability to complete the work in a timely and satisfactory manner, maintenance costs of the completed project, maintenance of traffic approach, and community impact. Any contract awarded pursuant to this act shall be awarded to a responsive and responsible entity that submits the proposal, which, in consideration of these and other specified criteria deemed pertinent to the project, offers the best value to the authorized entity, as determined by the authorized entity. Nothing in this act shall be construed to prohibit the authorized entity from nego- tiating final contract terms and conditions including cost. 3. Notwithstanding the foregoing provisions of this section, when any person or entity is debarred for having disregarded obligations to employees under the Davis-Bacon Act pursuant to 40 U.S.C. 3144 and 29 C.F.R. 5.12, such person or entity, and any firm, corporation, partner- ship or association in which the person or entity owns or controls at least ten per centum, shall be ineligible to submit a bid on or be awarded any contract authorized by this act while the name of the person or entity is published in the list of debarred contractors pursuant to 40 U.S.C. 3144. The department of labor will notify the person or entity immediately of such ineligibility and such person or entity must be afforded the opportunity to appeal to the department of labor. S 5. Any contract entered into pursuant to this act shall include a clause requiring that any professional services regulated by articles 145, 147 and 148 of the education law shall be performed and stamped and sealed, where appropriate, by a professional licensed in accordance with such articles. S 6. The construction, demolition, reconstruction, excavation, reha- bilitation, repair, renovation of the project undertaken by the author- ized entity pursuant to this act shall be deemed a "public work" to be performed in accordance with the provisions of article 8 of the labor law, as well as subject to sections 200, 240, 241 and 242 of the labor law and enforcement of prevailing wage requirements by the New York state department of labor. S 7. A project labor agreement shall be included in the request for proposals for the project, provided that, based upon a study done by or for the authorized entity, the authorized entity determines that its interests are best met by requiring a project labor agreement. The authorized entity shall conduct such a study and the project labor agreement shall be performed consistent with the provisions of section 222 of the labor law. If a project labor agreement is not performed on the project; (1) the authorized entity shall not utilize a design-build S. 6408 28 A. 9008 contract for the project; and (2) sections 101 and 103 of the general municipal law shall apply to the project. S 8. Each contract entered into by the authorized entity pursuant to this act shall comply, whenever practical, with the objectives and goals of minority and women-owned business enterprises pursuant to article 15-A of the executive law or, if the project receives federal aid, shall comply with applicable federal requirements for disadvantaged business enterprises. S 9. The project undertaken by the authorized entity pursuant to this act shall be subject to the requirements of article 8 of the environ- mental conservation law, and, where applicable, the requirements of the national environmental policy act. S 10. The submission of a proposal or responses or the execution of a design-build contract pursuant to this act shall not be construed to be a violation of section 6512 of the education law. S 11. Nothing contained in this act shall limit the right or obli- gation of the authorized entity to comply with the provisions of any existing contract, including any existing contract with or for the bene- fit of the holders of the obligations of the authorized entity, or to award contracts as otherwise provided by law. S 12. This act shall take effect immediately. PART I Section 1. Notwithstanding any law to the contrary, the comptroller is hereby authorized and directed to receive for deposit to the credit of the general fund the amount of up to $913,000 from the New York state energy research and development authority. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. PART J 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 $19,700,000 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 which may be charged to any gas corporation and any electric corporation shall not exceed one cent per one thousand cubic feet of gas sold and .010 cent per kilowatt-hour of electricity sold by such corporations in their intrastate utility operations in calendar year 2014. 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, 2016 and such amounts shall be paid to the New York state energy research and development authority on or before September 10, 2016. Upon receipt, the New York state energy S. 6408 29 A. 9008 research and development authority shall deposit such funds in the ener- gy 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 $1 million to the state general fund for services and expenses of the department of environmental conservation and to transfer $750,000 to the University of Rochester laboratory for laser energetics 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 presi- dent and chief executive officer of the authority, or his or her desig- nee, 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 encom- passing 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 secre- taries 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 elec- tric corporations, in a manner to be determined by the department of public service. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. PART K Section 1. Notwithstanding any other law, rule or regulation to the contrary, 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. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. PART L Section 1. Paragraph (c) of subdivision 12 of section 66 of the public service law, as amended by chapter 162 of the laws of 1998, is amended to read as follows: (c) For the purpose of this subdivision, "major changes" shall mean an increase in the rates and charges which would increase the aggregate revenues of the applicant more than the greater of three hundred thou- sand dollars or two and one-half percent, but shall not include changes in rates, charges or rentals (I) allowed to go into effect by the commission or made by the utility pursuant to an order of the commission S. 6408 30 A. 9008 after hearings held upon notice to the public, OR (II) PROPOSED BY A MUNICIPALITY. S 2. Paragraph (f) of subdivision 12 of section 66 of the public service law, as amended by chapter 154 of the laws of 1989, is amended to read as follows: (f) Whenever there shall be filed with the commission by any utility any schedule stating a new rate or charge, or any change in any form of contract or agreement or any rule or regulation relating to any rate, charge or service, or in any general privilege or facility, the commis- sion may, at any time within sixty days from the date when such schedule would or has become effective, either upon complaint or upon its own initiative, and, if it so orders, without answer or other formal plead- ing by the utility, but upon reasonable notice, hold a hearing concern- ing the propriety of a change proposed by the filing. If such change is a major change, the commission shall hold such a hearing. Pending such hearing and decision thereon, the commission, upon filing with such schedule and delivering to the utility, a statement in writing of its reasons therefor, may suspend the operation of such schedule, but not for a longer period than [one hundred and twenty days] FOUR MONTHS beyond the time when it would otherwise go into effect. After full hear- ing, whether completed before or after the schedule goes into effect, the commission may make such order in reference thereto as would be proper in a proceeding begun after the rate, charge, form of contract or agreement, rule, regulation, service, general privilege or facility had become effective. If any such hearing cannot be concluded within the period of suspension as above stated, the commission may extend the suspension for a further period, not exceeding [six] TEN months. IF AT THE END OF SUCH PERIOD, THE FILED PETITION HAS NOT BEEN ACTED UPON BY THE COMMISSION, THE COMMISSION SHALL UTILIZE THE PROPOSAL FILED BY THE STAFF OF THE DEPARTMENT TO ESTABLISH TEMPORARY RATES FOR THE PETITIONER, SUBJECT TO REFUND OR REPARATION AS PROVIDED IN SECTION ONE HUNDRED THIR- TEEN OF THIS CHAPTER. S 3. Paragraph (f) of subdivision 10 of section 80 of the public service law, as amended by chapter 154 of the laws of 1989, is amended to read as follows: (f) Whenever there shall be filed with the commission by any utility any schedule stating a new rate or charge, or any change in any form of contract or agreement or any rule or regulation relating to any rate, charge or service, or in any general privilege or facility, the commis- sion may, at any time within sixty days from the date when such schedule would or has become effective, either upon complaint or upon its own initiative, and, if it so orders, without answer or other formal plead- ing by the utility, but upon reasonable notice, hold a hearing concern- ing the propriety of a change proposed by the filing. If such change is a major change, the commission shall hold such a hearing. Pending such hearing and decision thereon the commission, upon filing with such sche- dule and delivering to the utility, a statement in writing of its reasons therefor, may suspend the operation of such schedule, but not for a longer period than [one hundred and twenty days] FOUR MONTHS beyond the time when it would otherwise go into effect. After full hear- ing, whether completed before or after the schedule goes into effect, the commission may make such order in reference thereto as would be proper in a proceeding begun after the rate, charge, form of contract or agreement, rule, regulation, service, general privilege or facility had become effective. If such hearing cannot be concluded within the period of suspension as above stated, the commission may extend the suspension S. 6408 31 A. 9008 for a further period not exceeding [six] TEN months. IF AT THE END OF SUCH PERIOD, THE FILED PETITION HAS NOT BEEN ACTED UPON BY THE COMMIS- SION, THE COMMISSION SHALL UTILIZE THE PROPOSAL FILED BY THE STAFF OF THE DEPARTMENT TO ESTABLISH TEMPORARY RATES FOR THE PETITIONER, SUBJECT TO REFUND OR REPARATION AS PROVIDED IN SECTION ONE HUNDRED THIRTEEN OF THIS CHAPTER. S 4. Paragraph (f) of subdivision 10 of section 89-c of the public service law, as amended by chapter 154 of the laws of 1989, is amended to read as follows: (f) Whenever there shall be filed with the commission by any water- works corporation any schedule stating a new rate or charge, or any change in any form of contract or agreement or any rule or regulation relating to any rate, charge or service, or in any general privilege or facility, the commission may, at any time within sixty days from the date when such schedule would or has become effective, either upon complaint or upon its own initiative, and, if it so orders, without answer or other formal pleading by the interested corporation, but upon reasonable notice, hold a hearing concerning the propriety of a change proposed by the filing. If such change is a major change, the commission shall hold such a hearing. Pending such hearing and decision thereon, the commission, upon filing with such schedule and delivering to the corporation affected thereby a statement in writing of its reasons therefor, may suspend the operation of such schedule, but not for a longer period than [one hundred and twenty days] FOUR MONTHS beyond the time when it would otherwise go into effect. After a full hearing, whether completed before or after the schedule goes into effect, the commission may make such order in reference thereto as would be proper in a proceeding begun after the rate, charge, form of contract or agree- ment, rule, regulation, service, general privilege or facility had become effective. If any such hearing cannot be concluded within the period of suspension as above stated, the commission may extend the suspension for a further period not exceeding [six] TEN months. IF AT THE END OF SUCH PERIOD, THE FILED PETITION HAS NOT BEEN ACTED UPON BY THE COMMISSION, THE COMMISSION SHALL UTILIZE THE PROPOSAL FILED BY THE STAFF OF THE DEPARTMENT TO ESTABLISH TEMPORARY RATES FOR THE PETITIONER, SUBJECT TO REFUND OR REPARATION AS PROVIDED IN SECTION ONE HUNDRED THIR- TEEN OF THIS CHAPTER. S 5. This act shall take effect immediately. PART M Section 1. Section 2 of chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, as amended by section 1 of part T of chapter 58 of the laws of 2015, is amended to read as follows: S 2. This act shall take effect immediately, provided however, that section one of this act shall be deemed to have been in full force and effect on and after April 1, 2003 and shall expire March 31, [2016] 2017. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 31, 2016. PART N S. 6408 32 A. 9008 Section 1. Paragraph (d) of section 304 of the business corporation law is amended to read as follows: (d) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT OF A DOMESTIC CORPORATION OR FOREIGN CORPORATION SHALL BE DEEMED TO BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE, TO WHICH A PERSON SHALL MAIL THE PROCESS SERVED AGAINST THE CORPORATION AS REQUIRED BY THIS ARTICLE. Any designated [post-office] POST OFFICE address to which the secretary of state OR A PERSON shall mail a copy of ANY process served upon [him] THE SECRETARY OF STATE as agent of a domestic corpo- ration or a foreign corporation, shall continue until the filing of a certificate under this chapter directing the mailing to a different [post-office] POST OFFICE address. S 2. Paragraph (a) of section 305 of the business corporation law, as amended by chapter 131 of the laws of 1985, is amended to read as follows: (a) In addition to such designation of the secretary of state, every domestic corporation or authorized foreign corporation may designate a registered agent in this state upon whom process against such corpo- ration may be served. The agent shall be a natural person who is a resi- dent of or has a business address in this state [or], a domestic corpo- ration or foreign corporation of any type or kind formed[,] or authorized to do business in this state, under this chapter or under any other statute of this state, OR DOMESTIC LIMITED LIABILITY COMPANY OR FOREIGN LIMITED LIABILITY COMPANY FORMED OR AUTHORIZED TO DO BUSINESS IN THIS STATE. S 3. Subparagraph 1 of paragraph (b) of section 306 of the business corporation law, as amended by chapter 419 of the laws of 1990, is amended to read as follows: (1) Service of process on the secretary of state as agent of a domes- tic or authorized foreign corporation, OR OTHER BUSINESS ENTITY THAT HAS DESIGNATED THE SECRETARY OF STATE AS AGENT FOR SERVICE OF PROCESS PURSU- ANT TO ARTICLE NINE OF THIS CHAPTER, shall be made by [personally deliv- ering to and leaving with the secretary of state or a deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, dupli- cate copies of such process together with the statutory fee, which fee shall be a taxable disbursement] MAILING THE PROCESS AND NOTICE OF SERVICE THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH CORPORATION OR OTHER BUSINESS ENTITY, AT THE POST OFFICE ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THIS PURPOSE. IF A DOMESTIC OR AUTHORIZED FOREIGN CORPORATION HAS NO SUCH ADDRESS ON FILE IN THE DEPARTMENT OF STATE, THE PROCESS AND NOTICE OF SERVICE THEREOF SHALL BE MAILED, IN THE CASE OF A DOMESTIC CORPORATION, IN CARE OF ANY DIRECTOR NAMED IN ITS CERTIFICATE OF INCORPORATION AT THE DIRECTOR'S ADDRESS STATED THEREIN OR, IN THE CASE OF AN AUTHORIZED FOREIGN CORPORATION, TO SUCH CORPORATION AT THE ADDRESS OF ITS OFFICE WITHIN THIS STATE ON FILE IN THE DEPARTMENT. ON THE SAME DAY THAT SUCH PROCESS IS MAILED, A DUPLI- CATE COPY OF SUCH PROCESS AND PROOF OF MAILING TOGETHER WITH THE STATU- TORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT SHALL BE PERSONALLY DELIVERED TO AND LEFT WITH THE SECRETARY OF STATE OR A DEPUTY, OR WITH ANY PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE SUCH SERVICE, AT THE OFFICE OF THE DEPARTMENT OF STATE IN THE CITY OF ALBANY. PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS SECTION. Service of process on such corporation OR OTHER BUSINESS ENTITY shall be complete when the secretary of state is so served. [The secretary of S. 6408 33 A. 9008 state shall promptly send one of such copies by certified mail, return receipt requested, to such corporation, at the post office address, on file in the department of state, specified for the purpose. If a domes- tic or authorized foreign corporation has no such address on file in the department of state, the secretary of state shall so mail such copy, in the case of a domestic corporation, in care of any director named in its certificate of incorporation at the director's address stated therein or, in the case of an authorized foreign corporation, to such corpo- ration at the address of its office within this state on file in the department.] S 4. Subparagraphs 2 and 3 of paragraph (a) of section 306-A of the business corporation law, as added by chapter 469 of the laws of 1997, are amended to read as follows: (2) That the address of the party has been designated by the corpo- ration as the post office address to which [the secretary of state] A PERSON shall mail a copy of any process served on the secretary of state as agent for such corporation, SPECIFYING SUCH ADDRESS, and that such party wishes to resign. (3) That sixty days prior to the filing of the certificate of resigna- tion OR RECEIPT OF PROCESS with the department of state the party has sent a copy of the certificate of resignation for receipt of process by registered or certified mail to the address of the registered agent of the designating corporation, if other than the party filing the certif- icate of resignation[,] for receipt of process, or if the [resigning] DESIGNATING corporation has no registered agent, then to the last address of the designating corporation known to the party, specifying the address to which the copy was sent. If there is no registered agent and no known address of the designating corporation, the party shall attach an affidavit to the certificate stating that a diligent but unsuccessful search was made by the party to locate the corporation, specifying what efforts were made. S 5. Subparagraph 7 of paragraph (a) of section 402 of the business corporation law is amended to read as follows: (7) A designation of the secretary of state as agent of the corpo- ration upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S 6. Subparagraph (c) of paragraph 1 of section 408 of the business corporation law, as amended by section 3 of part S of chapter 59 of the laws of 2015, is amended to read as follows: (c) The post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him or her] THE SECRETARY OF STATE. Such address shall supersede any previous address on file with the department of state for this purpose. S 7. Subparagraph 4 of paragraph (b) of section 801 of the business corporation law is amended to read as follows: (4) To specify or change the post office address to which [the secre- tary of state] A PERSON shall mail a copy of any process against the corporation served upon [him] THE SECRETARY OF STATE. S 8. Subparagraph 2 of paragraph (b) of section 803 of the business corporation law, as amended by chapter 803 of the laws of 1965, is amended to read as follows: S. 6408 34 A. 9008 (2) To specify or change the post office address to which [the secre- tary of state] A PERSON shall mail a copy of any process against the corporation served upon [him] THE SECRETARY OF STATE. S 9. Paragraph (b) of section 805-A of the business corporation law, as added by chapter 725 of the laws of 1964, is amended to read as follows: (b) A certificate of change which changes only the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against a corporation served upon [him or] THE SECRETARY OF STATE AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership, LIMITED LIABILITY COMPANY or other corporation whose address, as agent, is the address to be changed or who has been designated as registered agent for such corporation, may be signed[, verified] and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subparagraphs [(a)] (1), (2) and (3) OF PARA- GRAPH (A) of this section; that a notice of the proposed change was mailed to the corporation by the party signing the certificate not less than thirty days prior to the date of delivery to the department and that such corporation has not objected thereto; and that the party sign- ing the certificate is the agent of such corporation to whose address [the secretary of state] A PERSON is required to mail copies of process SERVED ON THE SECRETARY OF STATE or the registered agent, if such be the case. A certificate signed[, verified] and delivered under this para- graph shall not be deemed to effect a change of location of the office of the corporation in whose behalf such certificate is filed. S 10. Subparagraph 8 of paragraph (a) of section 904-a of the business corporation law, as amended by chapter 177 of the laws of 2008, is amended to read as follows: (8) If the surviving or resulting entity is a foreign corporation or other business entity, a designation of the secretary of state as its agent upon whom process against it may be served in the manner set forth in paragraph (b) of section three hundred six of this chapter, in any action or special proceeding, and a post office address, within or with- out this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. Such post office address shall supersede any prior address designated as the address to which process shall be mailed; S 11. Clause (G) of subparagraph 2 of paragraph (e) of section 907 of the business corporation law, as amended by chapter 494 of the laws of 1997, is amended to read as follows: (G) A designation of the secretary of state as its agent upon whom process against it may be served in the manner set forth in paragraph (b) of section 306 (Service of process), in any action or special proceeding, and a post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. Such post office address shall supersede any prior address designated as the address to which process shall be mailed. S 12. Subparagraph 6 of paragraph (a) of section 1304 of the business corporation law, as amended by chapter 684 of the laws of 1963 and as renumbered by chapter 590 of the laws of 1982, is amended to read as follows: (6) A designation of the secretary of state as its agent upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall S. 6408 35 A. 9008 mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S 13. Subparagraph 7 of paragraph (a) of section 1308 of the business corporation law, as amended by chapter 725 of the laws of 1964 and as renumbered by chapter 186 of the laws of 1983, is amended to read as follows: (7) To specify or change the post office address to which [the secre- tary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S 14. Subparagraph 2 of paragraph (a) and paragraph (c) of section 1309-A of the business corporation law, subparagraph 2 of paragraph (a) as added by chapter 725 of the laws of 1964 and paragraph (c) as amended by chapter 172 of the laws of 1999, are amended to read as follows: (2) To specify or change the post office address to which [the secre- tary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. (c) A certificate of change of application for authority which changes only the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against an authorized foreign corpo- ration served upon [him or which] THE SECRETARY OF STATE AND/OR changes the address of its registered agent, provided such address is the address of a person, partnership, LIMITED LIABILITY COMPANY or other corporation whose address, as agent, is the address to be changed or who has been designated as registered agent for such authorized foreign corporation, may be signed and delivered to the department of state by such agent. The certificate of change of application for authority shall set forth the statements required under subparagraphs (1), (2), (3) and (4) of paragraph (b) of this section; that a notice of the proposed change was mailed by the party signing the certificate to the authorized foreign corporation not less than thirty days prior to the date of delivery to the department and that such corporation has not objected thereto; and that the party signing the certificate is the agent of such foreign corporation to whose address [the secretary of state] A PERSON is required to mail copies of process SERVED ON THE SECRETARY OF STATE or the registered agent, if such be the case. A certificate signed and delivered under this paragraph shall not be deemed to effect a change of location of the office of the corporation in whose behalf such certif- icate is filed. S 15. Subparagraphs 1 and 6 of paragraph (a) of section 1310 of the business corporation law, subparagraph 1 as amended by chapter 590 of the laws of 1982, are amended to read as follows: (1) The name of the foreign corporation as it appears on the index of names of existing domestic and authorized foreign corporations of any type or kind in the department of state, division of corporations [or,] AND the fictitious name, IF ANY, the corporation has agreed to use in this state pursuant to paragraph (d) of section 1301 of this [chapter] ARTICLE. (6) A post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S 16. Subparagraph 4 of paragraph (d) of section 1310 of the business corporation law is amended to read as follows: (4) The changed post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S. 6408 36 A. 9008 S 17. Section 1311 of the business corporation law, as amended by chapter 375 of the laws of 1998, is amended to read as follows: S 1311. Termination of existence. When an authorized foreign corporation is dissolved or its authority or existence is otherwise terminated or cancelled in the jurisdiction of its incorporation or when such foreign corporation is merged into or consolidated with another foreign corporation, a certificate of the secretary of state, or official performing the equivalent function as to corporate records, of the jurisdiction of incorporation of such foreign corporation attesting to the occurrence of any such event or a certified copy of an order or decree of a court of such jurisdiction directing the dissolution of such foreign corporation, the termination of its exist- ence or the cancellation of its authority shall be delivered to the department of state. The filing of the certificate, order or decree shall have the same effect as the filing of a certificate of surrender of authority under section 1310 (Surrender of authority). The secretary of state shall continue as agent of the foreign corporation upon whom process against it may be served in the manner set forth in paragraph (b) of section 306 (Service of process), in any action or special proceeding based upon any liability or obligation incurred by the foreign corporation within this state prior to the filing of such certificate, order or decree and [he] THE PERSON SERVING SUCH PROCESS shall [promptly cause a copy of any such] SEND THE process [to be mailed] by [registered] CERTIFIED mail, return receipt requested, to such foreign corporation at the post office address on file in his office specified for such purpose AND SHALL PROVIDE THE SECRETARY OF STATE WITH PROOF OF SUCH MAILING IN THE MANNER SET FORTH IN PARAGRAPH (B) OF SECTION 306 (SERVICE OF PROCESS). The post office address may be changed by signing and delivering to the department of state a certif- icate of change setting forth the statements required under section 1309-A (Certificate of change; contents) to effect a change in the post office address under subparagraph SEVEN OF PARAGRAPH (a) [(4)] of section 1308 (Amendments or changes). S 18. Subparagraph 6 of paragraph (a) of section 1530 of the business corporation law, as added by chapter 505 of the laws of 1983, is amended to read as follows: (6) A designation of the secretary of state as its agent upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S 19. Subdivision 10 of section 11 of the cooperative corporations law, as added by chapter 97 of the laws of 1969, is amended to read as follows: 10. A designation of the secretary of state as agent of the corpo- ration upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S 20. Subdivision 10 of section 96 of the executive law, as amended by chapter 39 of the laws of 1987, is amended to read as follows: 10. For service of process on the secretary of state, acting as agent for a third party pursuant to law, except as otherwise specifically provided by law, forty dollars. No fee shall be collected for process served on behalf of [a] ANY STATE OFFICIAL, DEPARTMENT, BOARD, AGENCY, AUTHORITY, county, city, town or village or other political subdivision S. 6408 37 A. 9008 of the state. The fees paid the secretary of state shall be a taxable disbursement. S 21. The opening paragraph of subdivision 2 and subdivision 3 of section 18 of the general associations law, as amended by chapter 13 of the laws of 1938, are amended and two new subdivisions 5 and 6 are added to read as follows: Every association doing business within this state shall file in the department of state a certificate in its associate name, signed [and acknowledged] by its president, or a vice-president, or secretary, or treasurer, or managing director, or trustee, designating the secretary of state as an agent upon whom process in any action or proceeding against the association may be served within this state, and setting forth an address to which [the secretary of state] A PERSON shall mail a copy of any process against the association which may be served upon [him] THE SECRETARY OF STATE pursuant to law. Annexed to the certif- icate of designation shall be a statement, executed in the same manner as the certificate is required to be executed under this section, which shall set forth: 3. Any association, from time to time, may change the address to which [the secretary of state] A PERSON is directed to mail copies of process SERVED ON THE SECRETARY OF STATE, by filing a statement to that effect, executed[,] AND signed [and acknowledged] in like manner as a certificate of designation as herein provided. 5. ANY DESIGNATED POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT IN ANY ACTION OR PROCEEDING AGAINST THE ASSOCIATION SHALL BE DEEMED TO BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE, TO WHICH A PERSON SHALL MAIL PROCESS SERVED AGAINST THE ASSOCIATION AS REQUIRED BY THIS ARTICLE. ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE OR A PERSON SHALL MAIL A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT IN ANY ACTION OR PROCEEDING AGAINST THE ASSOCIATION SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE UNDER THIS CHAPTER DIRECTING THE MAILING TO A DIFFERENT POST OFFICE ADDRESS. 6. "PROCESS" MEANS JUDICIAL PROCESS AND ALL ORDERS, DEMANDS, NOTICES OR OTHER PAPERS REQUIRED OR PERMITTED BY LAW TO BE PERSONALLY SERVED ON AN ASSOCIATION, FOR THE PURPOSE OF ACQUIRING JURISDICTION OF SUCH ASSO- CIATION IN ANY ACTION OR PROCEEDING, CIVIL OR CRIMINAL, WHETHER JUDI- CIAL, ADMINISTRATIVE, ARBITRATIVE OR OTHERWISE, IN THIS STATE OR IN THE FEDERAL COURTS SITTING IN OR FOR THIS STATE. S 22. Section 19 of the general associations law, as amended by chap- ter 166 of the laws of 1991, is amended to read as follows: S 19. (A) Service of process. Service of process against an associ- ation upon the secretary of state shall be made by MAILING THE PROCESS AND NOTICE OF SERVICE THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH CORPORATION OR OTHER BUSINESS ENTITY, AT THE POST OFFICE ADDRESS, ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THIS PURPOSE. ON THE SAME DAY THAT SUCH PROCESS IS MAILED, A DUPLICATE COPY OF SUCH PROCESS AND PROOF OF MAILING SHALL BE personally [delivering] DELIVERED to and [leaving] LEFT with [him] THE SECRETARY OF STATE or a deputy [secretary of state or an associate attorney, senior attorney or attorney in the corporation division of the department of state], SO DESIGNATED [duplicate copies of such process at the office of the department of state in the city of Albany]. At the time of such service the plaintiff shall pay a fee of forty dollars to the secretary of state which shall be a taxable disbursement. [If the cost of registered mail for transmitting a copy of the process shall exceed two dollars, an S. 6408 38 A. 9008 additional fee equal to such excess shall be paid at the time of the service of such process. The secretary of state shall forthwith send by registered mail one of such copies to the association at the address fixed for that purpose, as herein provided.] (B) PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS SECTION. SERVICE OF PROCESS ON SUCH ASSOCIATION SHALL BE COMPLETE WHEN THE SECRETARY OF STATE IS SO SERVED. If the action or proceeding is instituted in a court of limited jurisdiction, service of process may be made in the manner provided in this section if the cause of action arose within the territorial jurisdiction of the court and the office of the defendant, as set forth in its statement filed pursuant to section eigh- teen of this [chapter] ARTICLE, is within such territorial jurisdiction. S 23. Subdivision 2 of section 352-b of the general business law, as amended by chapter 252 of the laws of 1983, is amended to read as follows: 2. Service of such process upon the secretary of state shall be made by personally delivering to and leaving with him [or], a deputy secre- tary of state, OR WITH A PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE SUCH SERVICE a copy thereof at the office of the department of state in the city of Albany, and such service shall be sufficient service provided that notice of such service and a copy of such process are forthwith sent by the attorney general to such person, partnership, corporation, company, trust or association, by registered or certified mail with return receipt requested, at his or its office as set forth in the "broker-dealer's statement", "salesman's statement" or "investment advisor's statement" filed in the department of law pursuant to section three hundred fifty-nine-e or section three hundred fifty-nine-eee of this article, or in default of the filing of such statement, at the last address known to the attorney general. Service of such process shall be complete on receipt by the attorney general of a return receipt purport- ing to be signed by the addressee or a person qualified to receive his or its registered or certified mail, in accordance with the rules and customs of the post office department, or, if acceptance was refused by the addressee or his or its agent, on return to the attorney general of the original envelope bearing a notation by the postal authorities that receipt thereof was refused. S 24. Section 686 of the general business law, as added by chapter 730 of the laws of 1980, is amended to read as follows: S 686. Designation of secretary of state as agent for service of proc- ess; service of process. Any person who shall offer to sell or sell a franchise in this state as a franchisor, subfranchisor or franchise sales agent shall be deemed to have irrevocably appointed the secretary of state as his or its agent upon whom may be served any summons, complaint, subpoena, subpoena duces tecum, notice, order or other proc- ess directed to such person, or any partner, principal, officer, sales- man or director thereof, or his or its successor, administrator or exec- utor, in any action, investigation, or proceeding which arises under this article or a rule hereunder, with the same force and validity as if served personally on such person. Service of such process upon the secretary of state shall be made by personally delivering to and leaving with [him] THE SECRETARY OF STATE or a deputy [secretary of state], OR WITH ANY PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE SUCH SERVICE, a copy thereof at the office of the department of state, and such service shall be sufficient provided that notice of such service and a copy of such process are sent forthwith by the department to such person, by registered or certified mail with return receipt requested, S. 6408 39 A. 9008 at his address as set forth in the application for registration of his offering prospectus or in the registered offering prospectus itself filed with the department of law pursuant to this article, or in default of the filing of such application or prospectus, at the last address known to the department. Service of such process shall be complete upon receipt by the department of a return receipt purporting to be signed by the addressee or a person qualified to receive his or its registered or certified mail, in accordance with the rules and customs of the post office department, or, if acceptance was refused or unclaimed by the addressee or his or its agent, or if the addressee moved without leaving a forwarding address, upon return to the department of the original envelope bearing a notation by the postal authorities that receipt ther- eof was refused or that such mail was otherwise undeliverable. S 25. Paragraph 4 of subdivision (e) of section 203 of the limited liability company law, as added by chapter 470 of the laws of 1997, is amended to read as follows: (4) a designation of the secretary of state as agent of the limited liability company upon whom process against it may be served and the post office address, within or without this state, to which [the secre- tary of state] A PERSON shall mail a copy of any process against the limited liability company served upon [him or her] THE SECRETARY OF STATE; S 26. Paragraph 4 of subdivision (a) of section 206 of the limited liability company law, as amended by chapter 44 of the laws of 2006, is amended to read as follows: (4) a statement that the secretary of state has been designated as agent of the limited liability company upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him or her] THE SECRETARY OF STATE; S 27. Paragraph 6 of subdivision (d) of section 211 of the limited liability company law is amended to read as follows: (6) a change in the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against the limited liability company served upon [him or her] THE SECRETARY OF STATE if such change is made other than pursuant to section three hundred one of this chapter; S 28. Section 211-A of the limited liability company law, as added by chapter 448 of the laws of 1998, is amended to read as follows: S 211-A. Certificate of change. (a) A limited liability company may amend its articles of organization from time to time to (i) specify or change the location of the limited liability company's office; (ii) specify or change the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against the limited liability company served upon [him] THE SECRETARY OF STATE; and (iii) make, revoke or change the designation of a registered agent, or specify or change the address of the registered agent. Any one or more such changes may be accomplished by filing a certificate of change which shall be entitled "Certificate of Change of ....... (name of limited liability company) under section 211-A of the Limited Liability Company Law" and shall be signed and delivered to the department of state. It shall set forth: (1) the name of the limited liability company, and if it has been changed, the name under which it was formed; (2) the date the articles of organization were filed by the department of state; and S. 6408 40 A. 9008 (3) each change effected thereby. (b) A certificate of change which changes only the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against a limited liability company served upon [him or] THE SECRETARY OF STATE AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership, LIMITED LIABILITY COMPANY or corporation whose address, as agent, is the address to be changed or who has been designated as registered agent for such limited liability company may be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subdivision (a) of this section; that a notice of the proposed change was mailed to the domestic limited liability company by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such domestic limited liability company has not objected thereto; and that the party signing the certificate is the agent of such limited liability company to whose address [the secretary of state] A PERSON is required to mail copies of process SERVED ON THE SECRETARY OF STATE or the registered agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the limited liability company in whose behalf such certificate is filed. S 29. Paragraph 2 of subdivision (b) of section 213 of the limited liability company law is amended to read as follows: (2) to change the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against the limited liability company served upon [him or her] THE SECRETARY OF STATE; and S 30. Subdivisions (c) and (e) of section 301 of the limited liability company law, subdivision (e) as amended by section 5 of part S of chap- ter 59 of the laws of 2015, are amended to read as follows: (c) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT OF A DOMESTIC LIMITED LIABILITY COMPANY OR FOREIGN LIMITED LIABILITY COMPANY SHALL BE DEEMED TO BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE, TO WHICH A PERSON SHALL MAIL THE PROCESS SERVED AGAINST THE LIMITED LIABILITY COMPANY AS REQUIRED BY THIS ARTICLE. Any designated post office address to which the secretary of state OR A PERSON shall mail a copy of process served upon [him or her] THE SECRETARY OF STATE as agent of a domestic limited liability company or a foreign limited liability company shall continue until the filing of a certificate under this chapter directing the mailing to a different post office address. [(e)] (D) (1) Except as otherwise provided in this subdivision, every limited liability company to which this chapter applies, shall biennial- ly in the calendar month during which its articles of organization or application for authority were filed, or effective date thereof if stat- ed, file on forms prescribed by the secretary of state, a statement setting forth the post office address within or without this state to which [the secretary of state] A PERSON shall mail a copy of any process accepted against it served upon [him or her] THE SECRETARY OF STATE. Such address shall supersede any previous address on file with the department of state for this purpose. (2) The commissioner of taxation and finance and the secretary of state may agree to allow limited liability companies to include the statement specified in paragraph one of this subdivision on tax reports filed with the department of taxation and finance in lieu of biennial statements and in a manner prescribed by the commissioner of taxation S. 6408 41 A. 9008 and finance. If this agreement is made, starting with taxable years beginning on or after January first, two thousand sixteen, each limited liability company required to file the statement specified in paragraph one of this subdivision that is subject to the filing fee imposed by paragraph three of subsection (c) of section six hundred fifty-eight of the tax law shall provide such statement annually on its filing fee payment form filed with the department of taxation and finance in lieu of filing a statement under this section with the department of state. However, each limited liability company required to file a statement under this section must continue to file the biennial statement required by this section with the department of state until the limited liability company in fact has filed a filing fee payment form with the department of taxation and finance that includes all required information. After that time, the limited liability company shall continue to provide annu- ally the statement specified in paragraph one of this subdivision on its filing fee payment form in lieu of the biennial statement required by this subdivision. (3) If the agreement described in paragraph two of this subdivision is made, the department of taxation and finance shall deliver to the department of state the statement specified in paragraph one of this subdivision contained on filing fee payment forms. The department of taxation and finance must, to the extent feasible, also include the current name of the limited liability company, department of state iden- tification number for such limited liability company, the name, signa- ture and capacity of the signer of the statement, name and street address of the filer of the statement, and the email address, if any, of the filer of the statement. S 31. Paragraphs 2 and 3 of subdivision (a), subparagraph (ii) of paragraph 2 and subparagraph (ii) of paragraph 3 of subdivision (e) of section 301-A of the limited liability company law, as added by chapter 448 of the laws of 1998, are amended to read as follows: (2) that the address of the party has been designated by the limited liability company as the post office address to which [the secretary of state] A PERSON shall mail a copy of any process served on the secretary of state as agent for such limited liability company, SUCH ADDRESS and that such party wishes to resign. (3) that sixty days prior to the filing of the certificate of resigna- tion OR RECEIPT OF PROCESS with the department of state the party has sent a copy of the certificate of resignation for receipt of process by registered or certified mail to the address of the registered agent of the designated limited liability company, if other than the party filing the certificate of resignation[,] for receipt of process, or if the [resigning] DESIGNATING limited liability company has no registered agent, then to the last address of the designated limited liability company known to the party, specifying the address to which the copy was sent. If there is no registered agent and no known address of the desig- nating limited liability company, the party shall attach an affidavit to the certificate stating that a diligent but unsuccessful search was made by the party to locate the limited liability company, specifying what efforts were made. (ii) sent by or on behalf of the plaintiff to such limited LIABILITY company by registered or certified mail with return receipt requested to the last address of such limited liability company known to the plain- tiff. (ii) Where service of a copy of process was effected by mailing in accordance with this section, proof of service shall be by affidavit of S. 6408 42 A. 9008 compliance with this section filed, together with the process, within thirty days after receipt of the return receipt signed by the limited liability company or other official proof of delivery or of the original envelope mailed. If a copy of the process is mailed in accordance with this section, there shall be filed with the affidavit of compliance either the return receipt signed by such limited LIABILITY company or other official proof of delivery, if acceptance was refused by it, the original envelope with a notation by the postal authorities that accept- ance was refused. If acceptance was refused a copy of the notice and process together with notice of the mailing by registered or certified mail and refusal to accept shall be promptly sent to such limited liability company at the same address by ordinary mail and the affidavit of compliance shall so state. Service of process shall be complete ten days after such papers are filed with the clerk of the court. The refusal to accept delivery of the registered or certified mail or to sign the return receipt shall not affect the validity of the service and such limited liability company refusing to accept such registered or certified mail shall be charged with knowledge of the contents thereof. S 32. Subdivision (a) of section 303 of the limited liability company law, as relettered by chapter 341 of the laws of 1999, is amended to read as follows: (a) Service of process on the secretary of state as agent of a domes- tic limited liability company, [or] authorized foreign limited liability company, OR OTHER BUSINESS ENTITY THAT HAS DESIGNATED THE SECRETARY OF STATE AS AGENT FOR SERVICE OF PROCESS PURSUANT TO ARTICLE TEN OF THIS CHAPTER, SHALL BE MADE BY MAILING THE PROCESS AND NOTICE OF SERVICE THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH LIMITED LIABILITY COMPANY OR OTHER BUSINESS ENTITY, AT THE POST OFFICE ADDRESS, ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THIS PURPOSE. ON THE SAME DAY AS SUCH PROCESS IS MAILED, A DUPLICATE COPY OF SUCH PROCESS AND PROOF OF MAILING shall be [made by] personally [delivering] DELIVERED to and [leaving] LEFT with the secretary of state or his or her deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, [duplicate copies of such process] together with the statutory fee, which fee shall be a taxable disbursement. PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS SECTION. Service of process on such limited liability company OR OTHER BUSINESS ENTITY shall be complete when the secretary of state is so served. [The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such limited liability company at the post office address on file in the department of state specified for that purpose.] S 33. Section 305 of the limited liability company law is amended to read as follows: S 305. Records of process served on the secretary of state. The [secretary of state] DEPARTMENT OF STATE shall keep a record of each process served upon the secretary of state under this chapter, including the date of such service [and the action of the secretary of state with reference thereto]. IT SHALL, UPON REQUEST MADE WITHIN TEN YEARS OF SUCH SERVICE, ISSUE A CERTIFICATE UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT OF THE PROCESS BY AN AUTHORIZED PERSON, THE DATE AND PLACE OF SUCH SERVICE AND THE RECEIPT OF THE STATUTORY FEE. PROCESS SERVED UPON THE SECRETARY OF STATE UNDER THIS CHAPTER SHALL BE DESTROYED BY THE DEPART- MENT OF STATE AFTER A PERIOD OF TEN YEARS FROM SUCH SERVICE. S. 6408 43 A. 9008 S 34. Paragraph 4 of subdivision (a) of section 802 of the limited liability company law, as amend by chapter 470 of the laws of 1997, is amended to read as follows: (4) a designation of the secretary of state as its agent upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him or her] THE SECRETARY OF STATE; S 35. Section 804-A of the limited liability company law, as added by chapter 448 of the laws of 1998, is amended to read as follows: S 804-A. Certificate of change. (a) A foreign limited liability compa- ny may amend its application for authority from time to time to (i) specify or change the location of the limited liability company's office; (ii) specify or change the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against the limited liability company served upon [him] THE SECRETARY OF STATE; and (iii) to make, revoke or change the designation of a registered agent, or to specify or change the address of a registered agent. Any one or more such changes may be accomplished by filing a certificate of change which shall be entitled "Certificate of Change of ........ (name of limited liability company) under section 804-A of the Limited Liabil- ity Company Law" and shall be signed and delivered to the department of state. It shall set forth: (1) the name of the foreign limited liability company and, if applica- ble, the fictitious name the limited liability company has agreed to use in this state pursuant to section eight hundred two of this article; (2) the date its application for authority was filed by the department of state; and (3) each change effected thereby[,]. (b) A certificate of change which changes only the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against a foreign limited liability company served upon [him or] THE SECRETARY OF STATE AND/OR the address of the registered agent, provided such address being changed is the address of a person, partner- ship [or], corporation OR OTHER LIMITED LIABILITY COMPANY whose address, as agent, is the address to be changed or who has been designated as registered agent for such limited liability company may be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subdivision (a) of this section; that a notice of the proposed change was mailed to the foreign limited liability company by the party signing the certificate not less than thirty days prior to the date of delivery to the depart- ment of state and that such foreign limited liability company has not objected thereto; and that the party signing the certificate is the agent of such foreign limited liability company to whose address [the secretary of state] A PERSON is required to mail copies of process SERVED ON THE SECRETARY OF STATE or the registered agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the foreign limited liability company in whose behalf such certificate is filed. S 36. Paragraph 6 of subdivision (b) of section 806 of the limited liability company law is amended to read as follows: (6) a post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him or her] THE SECRETARY OF STATE. S. 6408 44 A. 9008 S 37. Paragraph 11 of subdivision (a) of section 1003 of the limited liability company law, as amended by chapter 374 of the laws of 1998, is amended to read as follows: (11) a designation of the secretary of state as its agent upon whom process against it may be served in the manner set forth in article three of this chapter in any action or special proceeding, and a post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process served upon [him or her] THE SECRETARY OF STATE. Such post office address shall supersede any prior address designated as the address to which process shall be mailed; S 38. Clause (iv) of subparagraph (A) of paragraph 2 of subdivision (c) of section 1203 of the limited liability company law, as amended by chapter 44 of the laws of 2006, is amended to read as follows: (iv) a statement that the secretary of state has been designated as agent of the professional service limited liability company upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him or her] THE SECRETARY OF STATE; S 39. Paragraph 6 of subdivision (a) and subparagraph 5 of paragraph (i) of subdivision (d) of section 1306 of the limited liability company law, subparagraph 5 of paragraph (i) of subdivision (d) as amended by chapter 44 of the laws of 2006, are amended to read as follows: (6) a designation of the secretary of state as its agent upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him or her] THE SECRETARY OF STATE; and (5) a statement that the secretary of state has been designated as agent of the foreign professional service limited liability company upon whom process against it may be served and the post office address, with- in or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him or her] THE SECRETARY OF STATE; S 40. Paragraph (d) of section 304 of the not-for-profit corporation law, as amended by chapter 358 of the laws of 2015, is amended to read as follows: (d) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT OF A DOMESTIC CORPORATION OR FOREIGN CORPORATION SHALL BE DEEMED TO BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE, TO WHICH A PERSON SHALL MAIL THE PROCESS SERVED AGAINST THE CORPORATION AS REQUIRED BY THIS ARTICLE. Any designated [post-office] POST OFFICE address to which the secretary of state OR A PERSON shall mail a copy of process served upon [him or her] THE SECRETARY OF STATE as agent of a domestic corpo- ration formed under article four of this chapter or foreign corporation, shall continue until the filing of a certificate under this chapter directing the mailing to a different [post-office] POST OFFICE address. S 41. Paragraph (a) of section 305 of the not-for-profit corporation law, as amended by chapter 549 of the laws of 2013, is amended to read as follows: (a) Every domestic corporation or authorized foreign corporation may designate a registered agent in this state upon whom process against such corporation may be served. The agent shall be a natural person who is a resident of or has a business address in this state or a domestic S. 6408 45 A. 9008 corporation or foreign corporation of any kind formed[,] or authorized to do business in this state, under this chapter or under any other statute of this state, OR A DOMESTIC LIMITED LIABILITY COMPANY OR A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO DO BUSINESS IN THIS STATE. S 42. Paragraph (b) of section 306 of the not-for-profit corporation law, as amended by chapter 23 of the laws of 2014, is amended to read as follows: (b) Service of process on the secretary of state as agent of a domes- tic corporation formed under article four of this chapter or an author- ized foreign corporation shall be made by MAILING THE PROCESS AND NOTICE OF SERVICE THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH CORPORATION OR OTHER BUSINESS ENTITY, AT THE POST OFFICE ADDRESS, ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THIS PURPOSE. ON THE SAME DAY THAT SUCH PROCESS IS MAILED, A DUPLICATE COPY OF SUCH PROCESS AND PROOF OF MAILING SHALL BE personally [delivering] DELIVERED to and [leaving] LEFT with the secretary of state or his or her deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, [dupli- cate copies of such process] together with the statutory fee, which fee shall be a taxable disbursement. PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS SECTION. Service of process on such corporation OR OTHER BUSINESS ENTITY shall be complete when the secretary of state is so served. [The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such corporation, at the post office address, on file in the department of state, speci- fied for the purpose.] If a domestic corporation formed under article four of this chapter or an authorized foreign corporation has no such address on file in the department of state, the [secretary of state shall so mail such] DUPLICATE copy OF THE PROCESS SHALL BE MAILED to such corporation at the address of its office within this state on file in the department. S 43. Subparagraph 6 of paragraph (a) of section 402 of the not-for- profit corporation law, as added by chapter 564 of the laws of 1981 and as renumbered by chapter 132 of the laws of 1985, is amended to read as follows: (6) A designation of the secretary of state as agent of the corpo- ration upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S 44. Subparagraph 7 of paragraph (b) of section 801 of the not-for- profit corporation law, as amended by chapter 438 of the laws of 1984, is amended to read as follows: (7) To specify or change the post office address to which [the secre- tary of state] A PERSON shall mail a copy of any process against the corporation served upon [him] THE SECRETARY OF STATE. S 45. Subparagraph 2 of paragraph (c) of section 802 of the not-for- profit corporation law, as amended by chapter 186 of the laws of 1983, is amended to read as follows: (2) To specify or change the post office address to which [the secre- tary of state] A PERSON shall mail a copy of any process against the corporation served upon [him] THE SECRETARY OF STATE. S 46. Subparagraph 6 of paragraph (a) of section 803 of the not-for- profit corporation law, as amended by chapter 23 of the laws of 2014, is amended to read as follows: S. 6408 46 A. 9008 (6) A designation of the secretary of state as agent of the corpo- ration upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon the secretary OF STATE. S 47. Paragraph (b) of section 803-A of the not-for-profit corporation law, as amended by chapter 172 of the laws of 1999, is amended to read as follows: (b) A certificate of change which changes only the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against the corporation served upon [him or] THE SECRETARY OF STATE AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership, LIMITED LIABILITY COMPANY or other corporation whose address, as agent, is the address to be changed or who has been designated as registered agent for such corporation, may be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subparagraphs (1), (2) and (3) of paragraph (a) of this section; that a notice of the proposed change was mailed to the corpo- ration by the party signing the certificate not less than thirty days prior to the date of delivery to the department and that such corpo- ration has not objected thereto; and that the party signing the certif- icate is the agent of such corporation to whose address [the secretary of state] A PERSON is required to mail copies of any process against the corporation served upon [him] THE SECRETARY OF STATE or the registered agent, if such be the case. A certificate signed and delivered under this paragraph shall not be deemed to effect a change of location of the office of the corporation in whose behalf such certificate is filed. S 48. Clause (E) of subparagraph 2 of paragraph (d) of section 906 of the not-for-profit corporation law, as amended by chapter 1058 of the laws of 1971, is amended to read as follows: (E) A designation of the secretary of state as its agent upon whom process against it may be served in the manner set forth in paragraph (b) of section 306 (Service of process), in any action or special proceeding described in subparagraph (D) and a post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of the process in such action or special proceeding SERVED UPON THE SECRETARY OF STATE. S 49. Clause (F) of subparagraph 2 of paragraph (d) of section 908 of the not-for-profit corporation law, is amended to read as follows: (F) A designation of the secretary of state as his agent upon whom process against it may be served in the manner set forth in paragraph (b) of section 306 (Service of process), in any action or special proceeding described in [subparagraph] CLAUSE (D) and a post office address, within or without the state, to which [the secretary of state] A PERSON shall mail a copy of the process in such action or special proceeding SERVED UPON BY THE SECRETARY OF STATE. S 50. Subparagraph 6 of paragraph (a) of section 1304 of the not-for- profit corporation law, as renumbered by chapter 590 of the laws of 1982, is amended to read as follows: (6) A designation of the secretary of state as its agent upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S. 6408 47 A. 9008 S 51. Subparagraph 7 of paragraph (a) of section 1308 of the not-for- profit corporation law, as renumbered by chapter 186 of the laws of 1983, is amended to read as follows: (7) To specify or change the post office address to which [the secre- tary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S 52. Subparagraph 2 of paragraph (a) and paragraph (c) of section 1310 of the not-for-profit corporation law, paragraph (c) as amended by chapter 172 of the laws of 1999, is amended to read as follows: (2) To specify or change the post office address to which [the secre- tary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. (c) A certificate of change of application for authority which changes only the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against an authorized foreign corpo- ration served upon [him or] THE SECRETARY OF STATE AND/OR which changes the address of its registered agent, provided such address is the address of a person, partnership, LIMITED LIABILITY COMPANY or other corporation whose address, as agent, is the address to be changed or who has been designated as registered agent for such authorized foreign corporation, may be signed and delivered to the department of state by such agent. The certificate of change of application for authority shall set forth the statements required under subparagraphs (1), (2), (3) and (4) of paragraph (b) of this section; that a notice of the proposed change was mailed by the party signing the certificate to the authorized foreign corporation not less than thirty days prior to the date of delivery to the department and that such corporation has not objected thereto; and that the party signing the certificate is the agent of such foreign corporation to whose address [the secretary of state] A PERSON is required to mail copies of process SERVED ON THE SECRETARY OF STATE or the registered agent, if such be the case. A certificate signed and delivered under this paragraph shall not be deemed to effect a change of location of the office of the corporation in whose behalf such certif- icate is filed. S 53. Subparagraph 6 of paragraph (a) and subparagraph 4 of paragraph (d) of section 1311 of the not-for-profit corporation law are amended to read as follows: (6) A post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. (4) The changed post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S 54. Section 1312 of the not-for-profit corporation law, as amended by chapter 375 of the laws of 1998, is amended to read as follows: S 1312. Termination of existence. When an authorized foreign corporation is dissolved or its authority or existence is otherwise terminated or cancelled in the jurisdiction of its incorporation or when such foreign corporation is merged into or consolidated with another foreign corporation, a certificate of the secretary of state, or official performing the equivalent function as to corporate records, of the jurisdiction of incorporation of such foreign corporation attesting to the occurrence of any such event or a certified copy of an order or decree of a court of such jurisdiction directing the dissolution of such foreign corporation, the termination of its exist- ence or the cancellation of its authority shall be delivered to the S. 6408 48 A. 9008 department of state. The filing of the certificate, order or decree shall have the same effect as the filing of a certificate of surrender of authority under section 1311 (Surrender of authority). The secretary of state shall continue as agent of the foreign corporation upon whom process against it may be served in the manner set forth in paragraph (b) of section 306 (Service of process), in any action or special proceeding based upon any liability or obligation incurred by the foreign corporation within this state prior to the filing of such certificate, order or decree and [he] THE PERSON SERVING SUCH PROCESS shall promptly cause a copy of any such process to be mailed by [regis- tered] CERTIFIED mail, return receipt requested, to such foreign corpo- ration at the post office address on file in his office specified for such purpose. The post office address may be changed by signing and delivering to the department of state a certificate of change setting forth the statements required under section 1310 (Certificate of change, contents) to effect a change in the post office address under subpara- graph (a) (4) of section 1308 (Amendments or changes). S 55. Subdivision (c) of section 121-104 of the partnership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (c) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT OF A DOMESTIC LIMITED PARTNERSHIP OR FOREIGN LIMITED PARTNERSHIP SHALL BE DEEMED TO BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE, TO WHICH A PERSON SHALL MAIL THE PROCESS SERVED AGAINST THE LIMITED PART- NERSHIP AS REQUIRED BY THIS ARTICLE. Any designated post office address to which the secretary of state OR A PERSON shall mail a copy of process served upon [him] THE SECRETARY OF STATE as agent of a domestic limited partnership or foreign limited partnership shall continue until the filing of a certificate under this article directing the mailing to a different post office address. S 56. Paragraphs 1, 2 and 3 of subdivision (a) of section 121-104-A of the partnership law, as added by chapter 448 of the laws of 1998, are amended to read as follows: (1) the name of the limited partnership and the date that its [arti- cles of organization] CERTIFICATE OF LIMITED PARTNERSHIP or application for authority was filed by the department of state. (2) that the address of the party has been designated by the limited partnership as the post office address to which [the secretary of state] A PERSON shall mail a copy of any process served on the secretary of state as agent for such limited partnership, and that such party wishes to resign. (3) that sixty days prior to the filing of the certificate of resigna- tion FOR RECEIPT OF PROCESS with the department of state the party has sent a copy of the certificate of resignation for receipt of process by registered or certified mail to the address of the registered agent of the [designated] DESIGNATING limited partnership, if other than the party filing the certificate of resignation[,] for receipt of process, or if the [resigning] DESIGNATING limited partnership has no registered agent, then to the last address of the [designated] DESIGNATING limited partnership, known to the party, specifying the address to which the copy was sent. If there is no registered agent and no known address of the designating limited partnership the party shall attach an affidavit to the certificate stating that a diligent but unsuccessful search was made by the party to locate the limited partnership, specifying what efforts were made. S. 6408 49 A. 9008 S 57. Subdivision (a) of section 121-105 of the partnership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (a) In addition to the designation of the secretary of state, each limited partnership or authorized foreign limited partnership may desig- nate a registered agent upon whom process against the limited partner- ship may be served. The agent must be (i) a natural person who is a resident of this state or has a business address in this state, [or] (ii) a domestic corporation or a foreign corporation authorized to do business in this state, OR A DOMESTIC LIMITED LIABILITY COMPANY OR A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO DO BUSINESS IN THIS STATE. S 58. Subdivisions (a) and (c) of section 121-109 of the partnership law, as added by chapter 950 of the laws of 1990 and as relettered by chapter 341 of the laws of 1999, are amended to read as follows: (a) Service of process on the secretary of state as agent of a domes- tic or authorized foreign limited partnership, OR OTHER BUSINESS ENTITY THAT HAS DESIGNATED THE SECRETARY OF STATE AS AGENT FOR SERVICE OF PROC- ESS PURSUANT TO THIS CHAPTER, shall be made [as follows: (1) By] BY MAILING THE PROCESS AND NOTICE OF SERVICE OF PROCESS PURSU- ANT TO THIS SECTION BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH DOMESTIC OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP OR OTHER BUSINESS ENTITY, AT THE POST OFFICE ADDRESS, ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THAT PURPOSE. ON THE SAME DAY AS THE PROCESS IS MAILED, A DUPLICATE COPY OF SUCH PROCESS AND PROOF OF MAILING SHALL BE personally [delivering] DELIVERED to and [leaving] LEFT with [him or his] THE SECRETARY OF STATE OR A deputy, or with any person authorized by the secretary of state to receive such service, at the office of the depart- ment of state in the city of Albany, [duplicate copies of such process] together with the statutory fee, which fee shall be a taxable disburse- ment. PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS SECTION. SERVICE OF PROCESS ON SUCH LIMITED PARTNERSHIP OR OTHER BUSI- NESS ENTITY SHALL BE COMPLETE WHEN THE SECRETARY OF STATE IS SO SERVED. [(2) The service on the limited partnership is complete when the secretary of state is so served. (3) The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, addressed to the limited part- nership at the post office address, on file in the department of state, specified for that purpose.] (c) The [secretary of state] DEPARTMENT OF STATE shall keep a record of all process served upon [him] IT under this section and shall record therein the date of such service [and his action with reference there- to]. IT SHALL, UPON REQUEST MADE WITHIN TEN YEARS OF SUCH SERVICE, ISSUE A CERTIFICATE UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT OF THE PROCESS BY AN AUTHORIZED PERSON, THE DATE AND PLACE OF SUCH SERVICE AND THE RECEIPT OF THE STATUTORY FEE. PROCESS SERVED UPON THE SECRETARY OF STATE UNDER THIS CHAPTER SHALL BE DESTROYED BY HIM AFTER A PERIOD OF TEN YEARS FROM SUCH SERVICE. S 59. Paragraph 3 of subdivision (a) and subparagraph 4 of paragraph (i) of subdivision (c) of section 121-201 of the partnership law, para- graph 3 of subdivision (a) as amended by chapter 264 of the laws of 1991, and subparagraph 4 of paragraph (i) of subdivision (c), as amended by chapter 44 of the laws of 2006, are amended to read as follows: (3) a designation of the secretary of state as agent of the limited partnership upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of S. 6408 50 A. 9008 state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE; (4) a statement that the secretary of state has been designated as agent of the limited partnership upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him or her] THE SECRETARY OF STATE; S 60. Paragraph 4 of subdivision (b) of section 121-202 of the part- nership law, as amended by chapter 576 of the laws of 1994, is amended to read as follows: (4) a change in the name of the limited partnership, or a change in the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against the limited partnership served on [him] THE SECRETARY OF STATE, or a change in the name or address of the registered agent, if such change is made other than pursuant to section 121-104 or 121-105 of this article. S 61. Section 121-202-A of the partnership law, as added by chapter 448 of the laws of 1998, and paragraph 2 of subdivision (a) as amended by chapter 172 of the laws of 1999, is amended to read as follows: S 121-202-A. Certificate of change. (a) A certificate of limited part- nership may be changed by filing with the department of state a certif- icate of change entitled "Certificate of Change of ..... (name of limit- ed partnership) under Section 121-202-A of the Revised Limited Partnership Act" and shall be signed and delivered to the department of state. A certificate of change may (i) specify or change the location of the limited partnership's office; (ii) specify or change the post office address to which [the secretary of state] A PERSON shall mail a copy of process against the limited partnership served upon [him] THE SECRETARY OF STATE; and (iii) make, revoke or change the designation of a regis- tered agent, or to specify or change the address of its registered agent. It shall set forth: (1) the name of the limited partnership, and if it has been changed, the name under which it was formed; (2) the date its certificate of limited partnership was filed by the department of state; and (3) each change effected thereby. (b) A certificate of change which changes only the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against a limited partnership served upon [him or] THE SECRETARY OF STATE AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership, LIMITED LIABILITY CORPORATION or corporation whose address, as agent, is the address to be changed or who has been designated as registered agent for such limited partnership shall be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subdivision (a) of this section; that a notice of the proposed change was mailed to the domestic limited partnership by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such domestic limited partnership has not objected thereto; and that the party signing the certificate is the agent of such limited partnership to whose address [the secretary of state] A PERSON is required to mail copies of process SERVED ON THE SECRETARY OF STATE or the registered agent, if such be the case. A certificate signed and delivered under this subdivi- sion shall not be deemed to effect a change of location of the office of the limited partnership in whose behalf such certificate is filed. S. 6408 51 A. 9008 S 62. Paragraph 4 of subdivision (a) and subparagraph 5 of paragraph (i) of subdivision (d) of section 121-902 of the partnership law, para- graph 4 of subdivision (a) as amended by chapter 172 of the laws of 1999 and subparagraph 5 of paragraph (i) of subdivision (d) as amended by chapter 44 of the laws of 2006, are amended to read as follows: (4) a designation of the secretary of state as its agent upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE; (5) a statement that the secretary of state has been designated as its agent upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him or her] THE SECRETARY OF STATE; S 63. Section 121-903-A of the partnership law, as added by chapter 448 of the laws of 1998, is amended to read as follows: S 121-903-A. Certificate of change. (a) A foreign limited partnership may change its application for authority by filing with the department of state a certificate of change entitled "Certificate of Change of ........ (name of limited partnership) under Section 121-903-A of the Revised Limited Partnership Act" and shall be signed and delivered to the department of state. A certificate of change may (i) change the location of the limited partnership's office; (ii) change the post office address to which [the secretary of state] A PERSON shall mail a copy of process against the limited partnership served upon [him] THE SECRETARY OF STATE; and (iii) make, revoke or change the designation of a registered agent, or to specify or change the address of its regis- tered agent. It shall set forth: (1) the name of the foreign limited partnership and, if applicable, the fictitious name the foreign limited partnership has agreed to use in this state pursuant to section 121-902 of this article; (2) the date its application for authority was filed by the department of state; and (3) each change effected thereby. (b) A certificate of change which changes only the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against a foreign limited partnership served upon [him or] THE SECRETARY OF STATE AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership, LIMITED LIABILITY COMPANY or corporation whose address, as agent, is the address to be changed or who has been designated as registered agent for such foreign limited partnership shall be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subdivision (a) of this section; that a notice of the proposed change was mailed to the foreign limited partnership by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such foreign limited partnership has not objected thereto; and that the party signing the certificate is the agent of such foreign limited part- nership to whose address [the secretary of state] A PERSON is required to mail copies of process SERVED ON THE SECRETARY OF STATE or the regis- tered agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the limited partnership in whose behalf such certificate is filed. S. 6408 52 A. 9008 S 64. Paragraph 6 of subdivision (b) of section 121-905 of the part- nership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (6) a post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S 65. Paragraph 7 of subdivision (a) of section 121-1103 of the part- nership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (7) A designation of the secretary of state as its agent upon whom process against it may be served in the manner set forth in section 121-109 of this article in any action or special proceeding, and a post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process served upon [him] THE SECRETARY OF STATE. Such post office address shall supersede any prior address designated as the address to which process shall be mailed. S 66. Subparagraphs 2 and 4 of paragraph (I) of subdivision (a) and clause 4 of subparagraph (A) of paragraph (II) of section 121-1500 of the partnership law, subparagraph 2 of paragraph (I) as added by chapter 576 of the laws of 1994, subparagraph 4 of paragraph (I) as amended by chapter 643 of the laws of 1995 and such paragraph as redesignated by chapter 767 of the laws of 2005 and clause 4 of subparagraph (A) of paragraph (II) as amended by chapter 44 of the laws of 2006, are amended to read as follows: (2) the address, WITHIN THIS STATE, of the principal office of the partnership without limited partners; (4) a designation of the secretary of state as agent of the partner- ship without limited partners upon whom process against it may be served and the post office address, within or without this state, to which the [secretary of state] A PERSON shall mail a copy of any process against it or served [upon it] ON THE SECRETARY OF STATE; (4) a statement that the secretary of state has been designated as agent of the registered limited liability partnership upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him or her] THE SECRETARY OF STATE; S 67. Paragraphs (ii) and (iii) of subdivision (g) of section 121-1500 of the partnership law, as amended by section 8 of part S of chapter 59 of the laws of 2015, are amended to read as follows: (ii) the address, WITHIN THIS STATE, of the principal office of the registered limited liability partnership, (iii) the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process accepted against it served upon [him or her] THE SECRETARY OF STATE, which address shall supersede any previous address on file with the department of state for this purpose, and S 68. Subdivision (j-1) of section 121-1500 of the partnership law, as added by chapter 448 of the laws of 1998, is amended to read as follows: (j-1) A certificate of change which changes only the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against a registered limited liability partnership served upon [him] THE SECRETARY OF STATE AND/or the address of the registered agent, provided such address being changed is the address of a person, partnership, LIMITED LIABILITY COMPANY or corporation whose address, as agent, is the address to be changed or who has been designated as regis- tered agent for such registered limited liability partnership shall be S. 6408 53 A. 9008 signed and delivered to the department of state by such agent. The certificate of change shall set forth: (i) the name of the registered limited liability partnership and, if it has been changed, the name under which it was originally filed with the department of state; (ii) the date of filing of its initial registration or notice statement; (iii) each change effected thereby; (iv) that a notice of the proposed change was mailed to the limited liability partnership by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such limited liability partnership has not objected thereto; and (v) that the party signing the certificate is the agent of such limited liability partnership to whose address [the secretary of state] A PERSON is required to mail copies of process SERVED ON THE SECRETARY OF STATE or the registered agent, if such be the case. A certificate signed and delivered under this subdivi- sion shall not be deemed to effect a change of location of the office of the limited liability partnership in whose behalf such certificate is filed. The certificate of change shall be accompanied by a fee of five dollars. S 69. Subdivision (a) of section 121-1502 of the partnership law, as amended by chapter 643 of the laws of 1995, and paragraph (v) as amended by chapter 470 of the laws of 1997, are amended to read as follows: (a) In order for a foreign limited liability partnership to carry on or conduct or transact business or activities as a New York registered foreign limited liability partnership in this state, such foreign limit- ed liability partnership shall file with the department of state a notice which shall set forth: (i) the name under which the foreign limited liability partnership intends to carry on or conduct or transact business or activities in this state; (ii) the date on which and the jurisdiction in which it registered as a limited liability partnership; (iii) the address, WITHIN THIS STATE, of the principal office of the foreign limited liability partnership; (iv) the profession or professions to be practiced by such foreign limited liability partner- ship and a statement that it is a foreign limited liability partnership eligible to file a notice under this chapter; (v) a designation of the secretary of state as agent of the foreign limited liability partnership upon whom process against it may be served and the post office address within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it [or] served upon [it] THE SECRETARY OF STATE; (vi) if the foreign limited liability partnership is to have a registered agent, its name and address in this state and a statement that the registered agent is to be the agent of the foreign limited liability partnership upon whom process against it may be served; (vii) a statement that its registration as a limited liability partnership is effective in the jurisdiction in which it registered as a limited liability partnership at the time of the filing of such notice; (viii) a statement that the foreign limited liability partnership is filing a notice in order to obtain status as a New York registered foreign limited liability partnership; (ix) if the registration of the foreign limited liability partnership is to be effective on a date later than the time of filing, the date, not to exceed sixty days from the date of filing, of such proposed effectiveness; and (x) any other matters the foreign limited liability partnership determines to include in the notice. Such notice shall be accompanied by either (1) a copy of the last registration or renewal registration (or similar filing), if any, filed by the foreign limited liability partnership with the juris- diction where it registered as a limited liability partnership or (2) a S. 6408 54 A. 9008 certificate, issued by the jurisdiction where it registered as a limited liability partnership, substantially to the effect that such foreign limited liability partnership has filed a registration as a limited liability partnership which is effective on the date of the certificate (if such registration, renewal registration or certificate is in a foreign language, a translation thereof under oath of the translator shall be attached thereto). Such notice shall also be accompanied by a fee of two hundred fifty dollars. S 70. Subparagraphs (ii) and (iii) of paragraph (I) of subdivision (f) of section 121-1502 of the partnership law, as amended by section 9 of part S of chapter 59 of the laws of 2015, is amended to read as follows: (ii) the address, WITHIN THIS STATE, of the principal office of the New York registered foreign limited liability partnership, (iii) the post office address, within or without this state, to which [the secre- tary of state] A PERSON shall mail a copy of any process accepted against it served upon [him or her] THE SECRETARY OF STATE, which address shall supersede any previous address on file with the department of state for this purpose, and S 71. Clause 5 of subparagraph (A) of paragraph (II) of subdivision (f) of section 121-1502 of the partnership law, as amended by chapter 44 of the laws of 2006, is amended to read as follows: (5) a statement that the secretary of state has been designated as agent of the foreign limited liability partnership upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him or her] THE SECRETARY OF STATE; S 72. Subdivision (i-1) of section 121-1502 of the partnership law, as added by chapter 448 of the laws of 1998, is amended to read as follows: (i-1) A certificate of change which changes only the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against a New York registered foreign limited liability partnership served upon [him] THE SECRETARY OF STATE AND/or the address of the registered agent, provided such address being changed is the address of a person, partnership, LIMITED LIABILITY COMPANY or corpo- ration whose address, as agent, is the address to be changed or who has been designated as registered agent of such registered foreign limited liability partnership shall be signed and delivered to the department of state by such agent. The certificate of change shall set forth: (i) the name of the New York registered foreign limited liability partnership; (ii) the date of filing of its initial registration or notice statement; (iii) each change effected thereby; (iv) that a notice of the proposed change was mailed to the limited liability partnership by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such limited liability partnership has not objected thereto; and (v) that the party signing the certificate is the agent of such limited liability partnership to whose address [the secretary of state] A PERSON is required to mail copies of process SERVED ON THE SECRETARY OF STATE or the registered agent, if such be the case. A certificate signed and delivered under this subdivi- sion shall not be deemed to effect a change of location of the office of the limited liability partnership in whose behalf such certificate is filed. The certificate of change shall be accompanied by a fee of five dollars. S. 6408 55 A. 9008 S 73. Subdivision (a) of section 121-1505 of the partnership law, as added by chapter 470 of the laws of 1997, is amended and three new subdivisions (d), (e) and (f) are added to read as follows: (a) Service of process on the secretary of state as agent of a regis- tered limited liability partnership OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP under this article shall be made by MAIL- ING THE PROCESS AND NOTICE OF SERVICE THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP, AT THE POST OFFICE ADDRESS ON FILE IN THE DEPARTMENT OF STATE SPECIFIED FOR SUCH PURPOSE. ON THE SAME DATE THAT SUCH PROCESS IS MAILED, A DUPLICATE COPY OF SUCH PROCESS AND PROOF OF MAILING TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT SHALL BE personally [deliver- ing] DELIVERED to and [leaving] LEFT with the secretary of state or a deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, [duplicate copies of such process] together with the statutory fee, which fee shall be a taxable disbursement. PROOF OF MAIL- ING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS SECTION. Service of process on such registered limited liability partnership OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP shall be complete when the secretary of state is so served. [The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such registered limited liability partnership, at the post office address on file in the department of state specified for such purpose.] (D) THE DEPARTMENT OF STATE SHALL KEEP A RECORD OF EACH PROCESS SERVED UPON THE SECRETARY OF STATE UNDER THIS CHAPTER, INCLUDING THE DATE OF SUCH SERVICE. IT SHALL, UPON REQUEST MADE WITHIN TEN YEARS OF SUCH SERVICE, ISSUE A CERTIFICATE UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT OF THE PROCESS BY AN AUTHORIZED PERSON, THE DATE AND PLACE OF SUCH SERVICE AND THE RECEIPT OF THE STATUTORY FEE. PROCESS SERVED UPON THE SECRETARY OF STATE UNDER THIS CHAPTER SHALL BE DESTROYED BY THE DEPART- MENT OF STATE AFTER A PERIOD OF TEN YEARS FROM SUCH SERVICE. (E) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE SHALL MAIL A COPY OF ANY PROCESS SERVED UPON HIM AS AGENT OF A REGIS- TERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP SHALL BE DEEMED TO BE THE POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL THE PROCESS SERVED AGAINST THE REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP PURSUANT TO THIS ARTICLE. (F) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE OR A PERSON SHALL MAIL ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT OF A REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGIS- TERED FOREIGN LIMITED LIABILITY PARTNERSHIP SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE UNDER THIS CHAPTER DIRECTING THE MAILING TO A DIFFERENT POST OFFICE ADDRESS. S 74. Subdivision (b) of section 121-1506 of the partnership law, as added by chapter 448 of the laws of 1998, and paragraph 4 as amended by chapter 172 of the laws of 1999, is amended to read as follows: (b) The party (or the party's legal representative) whose post OFFICE address has been supplied by a limited liability partnership as its address for process may resign. A certificate entitled "Certificate of Resignation for Receipt of Process under Section 121-1506(b) of the Partnership Law" shall be signed by such party and delivered to the department of state. It shall set forth: S. 6408 56 A. 9008 (1) The name of the limited liability partnership and the date that its certificate of registration was filed by the department of state. (2) That the address of the party has been designated by the limited liability partnership as the post office address to which [the secretary of state] A PERSON shall mail a copy of any process served on the secre- tary of state as agent for such limited liability partnership and that such party wishes to resign. (3) That sixty days prior to the filing of the certificate of resigna- tion with the department of state the party has sent a copy of the certificate of resignation for receipt of process by registered or certified mail to the address of the registered agent of the [desig- nated] DESIGNATING limited liability partnership, if other than the party filing the certificate of resignation, for receipt of process, or if the [resigning] DESIGNATING limited liability partnership has no registered agent, then to the last address of the [designated] DESIGNAT- ING limited liability partnership, known to the party, specifying the address to which the copy was sent. If there is no registered agent and no known address of the designating limited liability partnership the party shall attach an affidavit to the certificate stating that a dili- gent but unsuccessful search was made by the party to locate the limited liability partnership, specifying what efforts were made. (4) That the [designated] DESIGNATING limited liability partnership is required to deliver to the department of state a certificate of amend- ment providing for the designation by the limited liability partnership of a new address and that upon its failure to file such certificate, its authority to do business in this state shall be suspended. S 75. Paragraph 16 of subdivision 1 of section 103 of the private housing finance law, as added by chapter 22 of the laws of 1970, is amended to read as follows: (16) A designation of the secretary of state as agent of the corpo- ration upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S 76. Subdivision 7 of section 339-n of the real property law, is REPEALED and subdivisions 8 and 9 are renumbered subdivisions 7 and 8. S 77. Subdivision 2 of section 339-s of the real property law, as added by chapter 346 of the laws of 1997, is amended to read as follows: 2. [Each such declaration, and any amendment or amendments thereof shall be filed with the department of state] (A) THE BOARD OF MANAGERS FOR EACH CONDOMINIUM SUBJECT TO THIS ARTICLE SHALL FILE WITH THE SECRE- TARY OF STATE A CERTIFICATE, IN WRITING, SIGNED, DESIGNATING THE SECRE- TARY OF STATE AS AGENT OF THE BOARD OF MANAGERS UPON WHOM PROCESS AGAINST IT MAY BE SERVED AND THE POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL A COPY OF SUCH PROCESS. THE CERTIFICATE SHALL BE ACCOMPANIED BY A FEE OF SIXTY DOLLARS. (B) ANY BOARD OF MANAGERS MAY CHANGE THE ADDRESS TO WHICH A PERSON SHALL MAIL A COPY OF PROCESS SERVED UPON THE SECRETARY OF STATE, BY FILING A SIGNED CERTIFICATE OF AMENDMENT WITH THE DEPARTMENT OF STATE. SUCH CERTIFICATE SHALL BE ACCOMPANIED BY A FEE OF SIXTY DOLLARS. (C) SERVICE OF PROCESS ON THE SECRETARY OF STATE AS AGENT OF A BOARD OF MANAGERS SHALL BE MADE BY MAILING THE PROCESS AND NOTICE OF SERVICE OF PROCESS PURSUANT TO THIS SECTION BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH BOARD OF MANAGERS, AT THE POST OFFICE ADDRESS, ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THIS PURPOSE. ON THE SAME DAY THAT SUCH PROCESS IS MAILED, A DUPLICATE COPY OF SUCH PROCESS AND S. 6408 57 A. 9008 PROOF OF MAILING SHALL BE PERSONALLY DELIVERED TO AND LEFT WITH THE SECRETARY OF STATE OR A DEPUTY, OR WITH ANY PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE SUCH SERVICE, AT THE OFFICE OF THE DEPART- MENT OF STATE IN THE CITY OF ALBANY, A DUPLICATE COPY OF SUCH PROCESS WITH PROOF OF MAILING TOGETHER WITH THE STATUTORY FEE, WHICH SHALL BE A TAXABLE DISBURSEMENT. PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLI- ANCE WITH THIS SECTION. SERVICE OF PROCESS ON A BOARD OF MANAGERS SHALL BE COMPLETE WHEN THE SECRETARY OF STATE IS SO SERVED. (D) AS USED IN THIS ARTICLE, "PROCESS" SHALL MEAN JUDICIAL PROCESS AND ALL ORDERS, DEMANDS, NOTICES OR OTHER PAPERS REQUIRED OR PERMITTED BY LAW TO BE PERSONALLY SERVED ON A BOARD OF MANAGERS, FOR THE PURPOSE OF ACQUIRING JURISDICTION OF SUCH BOARD OF MANAGERS IN ANY ACTION OR PROCEEDING, CIVIL OR CRIMINAL, WHETHER JUDICIAL, ADMINISTRATIVE, ARBI- TRATIVE OR OTHERWISE, IN THIS STATE OR IN THE FEDERAL COURTS SITTING IN OR FOR THIS STATE. (E) NOTHING IN THIS SECTION SHALL AFFECT THE RIGHT TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY LAW. (F) THE DEPARTMENT OF STATE SHALL KEEP A RECORD OF EACH PROCESS SERVED UNDER THIS SECTION, INCLUDING THE DATE OF SERVICE. IT SHALL, UPON REQUEST, MADE WITHIN TEN YEARS OF SUCH SERVICE, ISSUE A CERTIFICATE UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT OF PROCESS BY AN AUTHORIZED PERSON, THE DATE AND PLACE OF SUCH SERVICE AND THE RECEIPT OF THE STATU- TORY FEE. PROCESS SERVED ON THE SECRETARY OF STATE UNDER THIS SECTION SHALL BE DESTROYED BY THE DEPARTMENT OF STATE AFTER A PERIOD OF TEN YEARS FROM SUCH SERVICE. (G) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE SHALL MAIL A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT OF THE BOARD OF MANAGERS FILED WITH THE DEPARTMENT OF STATE PURSU- ANT TO THIS SECTION PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL BE DEEMED TO BE THE POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL THE PROCESS AGAINST THE BOARD OF MANAGERS PURSUANT TO THIS ARTICLE. ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE OR A PERSON SHALL MAIL A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT OF A BOARD OF MANAGERS, SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE UNDER THIS CHAPTER DIRECTING THE MAILING TO A DIFFERENT POST OFFICE ADDRESS. S 78. Subdivisions 3 and 4 of section 442-g of the real property law, as amended by chapter 482 of the laws of 1963, are amended to read as follows: 3. Service of such process upon the secretary of state shall be made by personally delivering to and leaving with [him or his] THE SECRETARY OF STATE OR A deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, [duplicate copies] A COPY of such process AND PROOF OF MAILING together with a fee of five dollars if the action is solely for the recovery of a sum of money not in excess of two hundred dollars and the process is so endorsed, and a fee of ten dollars in any other action or proceeding, which fee shall be a taxable disbursement. If such process is served upon behalf of a county, city, town or village, or other political subdivision of the state, the fee to be paid to the secretary of state shall be five dollars, irrespective of the amount involved or the nature of the action on account of which such service of process is made. [If the cost of registered mail for trans- mitting a copy of the process shall exceed two dollars, an additional fee equal to such excess shall be paid at the time of the service of such process.] PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH S. 6408 58 A. 9008 THIS SECTION. Proof of service shall be by affidavit of compliance with this subdivision filed by or on behalf of the plaintiff together with the process, within ten days after such service, with the clerk of the court in which the action or special proceeding is pending. Service made as provided in this section shall be complete ten days after such papers are filed with the clerk of the court and shall have the same force and validity as if served on him personally within the state and within the territorial jurisdiction of the court from which the process issues. 4. The [secretary of state] PERSON SERVING SUCH PROCESS shall [prompt- ly] send [one of] such [copies] PROCESS by [registered] CERTIFIED mail, return receipt requested, to the nonresident broker or nonresident salesman at the post office address of his main office as set forth in the last application filed by him. S 79. Subdivision 2 of section 203 of the tax law, as amended by chap- ter 100 of the laws of 1964, is amended to read as follows: 2. Every foreign corporation (other than a moneyed corporation) subject to the provisions of this article, except a corporation having a certificate of authority [under section two hundred twelve of the gener- al corporation law] or having authority to do business by virtue of section thirteen hundred five of the business corporation law, shall file in the department of state a certificate of designation in its corporate name, signed and acknowledged by its president or a vice-pre- sident or its secretary or treasurer, under its corporate seal, desig- nating the secretary of state as its agent upon whom process in any action provided for by this article may be served within this state, and setting forth an address to which [the secretary of state] A PERSON shall mail a copy of any such process against the corporation which may be served upon [him] THE SECRETARY OF STATE. In case any such corpo- ration shall have failed to file such certificate of designation, it shall be deemed to have designated the secretary of state as its agent upon whom such process against it may be served; and until a certificate of designation shall have been filed the corporation shall be deemed to have directed [the secretary of state] A PERSON SERVING PROCESS to mail copies of process served upon [him] THE SECRETARY OF STATE to the corpo- ration at its last known office address within or without the state. When a certificate of designation has been filed by such corporation [the secretary of state] A PERSON SERVING PROCESS shall mail copies of process thereafter served upon [him] THE SECRETARY OF STATE to the address set forth in such certificate. Any such corporation, from time to time, may change the address to which [the secretary of state] A PERSON is directed to mail copies of process, by filing a certificate to that effect executed, signed and acknowledged in like manner as a certificate of designation as herein provided. Service of process upon any such corporation or upon any corporation having a certificate of authority [under section two hundred twelve of the general corporation law] or having authority to do business by virtue of section thirteen hundred five of the business corporation law, in any action commenced at any time pursuant to the provisions of this article, may be made by either (1) personally delivering to and leaving with the secretary of state, a deputy secretary of state or with any person authorized by the secretary of state to receive such service [duplicate copies] A COPY thereof at the office of the department of state in the city of Albany, in which event [the secretary of state] A PERSON SERVING SUCH PROCESS shall forthwith send by [registered] CERTIFIED mail, return receipt requested, [one of such copies] A DUPLICATE COPY to the corporation at S. 6408 59 A. 9008 the address designated by it or at its last known office address within or without the state, or (2) personally delivering to and leaving with the secretary of state, a deputy secretary of state or with any person authorized by the secretary of state to receive such service, a copy thereof at the office of the department of state in the city of Albany and by delivering a copy thereof to, and leaving such copy with, the president, vice-president, secretary, assistant secretary, treasurer, assistant treasurer, or cashier of such corporation, or the officer performing corresponding functions under another name, or a director or managing agent of such corporation, personally without the state. Proof of such personal service without the state shall be filed with the clerk of the court in which the action is pending within thirty days after such service, and such service shall be complete ten days after proof thereof is filed. S 80. Section 216 of the tax law, as added by chapter 415 of the laws of 1944, the opening paragraph as amended by chapter 100 of the laws of 1964 and redesignated by chapter 613 of the laws of 1976, is amended to read as follows: S 216. Collection of taxes. Every foreign corporation (other than a moneyed corporation) subject to the provisions of this article, except a corporation having a certificate of authority [under section two hundred twelve of the general corporation law] or having authority to do busi- ness by virtue of section thirteen hundred five of the business corpo- ration law, shall file in the department of state a certificate of designation in its corporate name, signed and acknowledged by its presi- dent or a vice-president or its secretary or treasurer, under its corpo- rate seal, designating the secretary of state as its agent upon whom process in any action provided for by this article may be served within this state, and setting forth an address to which [the secretary of state] A PERSON shall mail a copy of any such process against the corpo- ration which may be served upon him. In case any such corporation shall have failed to file such certificate of designation, it shall be deemed to have designated the secretary of state as its agent upon whom such process against it may be served; and until a certificate of designation shall have been filed the corporation shall be deemed to have directed [the secretary of state] A PERSON to mail [copies] A COPY of process served upon [him] THE SECRETARY OF STATE to the corporation at its last known office address within or without the state. When a certificate of designation has been filed by such corporation [the secretary of state] A PERSON SERVING SUCH PROCESS shall mail [copies] A COPY of process thereafter served upon [him] PERSON SERVING SUCH PROCESS to the address set forth in such certificate. Any such corporation, from time to time, may change the address to which [the secretary of state] PERSON is directed to mail copies of process, by filing a certificate to that effect executed, signed and acknowledged in like manner as a certificate of designation as herein provided. Service of process upon any such corporation or upon any corporation having a certificate of authority [under section two hundred twelve of the general corporation law] or having authority to do business by virtue of section thirteen hundred five of the business corporation law, in any action commenced at any time pursuant to the provisions of this article, may be made by either (1) personally delivering to and leaving with the secretary of state, a deputy secretary of state or with any person authorized by the secretary of state to receive such service [duplicate copies] A COPY thereof at the office of the department of state in the city of Albany, in which event [the secretary of state] A PERSON SERVING SUCH PROCESS shall S. 6408 60 A. 9008 forthwith send by [registered] CERTIFIED mail, return receipt requested, [one of such copies] A DUPLICATE COPY to the corporation at the address designated by it or at its last known office address within or without the state, or (2) personally delivering to and leaving with the secre- tary of state, a deputy secretary of state or with any person authorized by the secretary of state to receive such service, a copy thereof at the office of the department of state in the city of Albany and by deliver- ing a copy thereof to, and leaving such copy with, the president, vice- president, secretary, assistant secretary, treasurer, assistant treasur- er, or cashier of such corporation, or the officer performing corresponding functions under another name, or a director or managing agent of such corporation, personally without the state. Proof of such personal service without the state shall be filed with the clerk of the court in which the action is pending within thirty days after such service, and such service shall be complete ten days after proof thereof is filed. S 81. Subdivisions (a) and (b) of section 310 of the tax law, as added by chapter 400 of the laws of 1983, is amended to read as follows: (a) Designation for service of process.--Every petroleum business which is a corporation, except such a petroleum business having a certificate of authority [under section two hundred twelve of the gener- al corporation law] or having authority to do business by virtue of section thirteen hundred five of the business corporation law, shall file in the department of state a certificate of designation in its corporate name, signed and acknowledged by its president or vice-presi- dent or its secretary or treasurer, under its corporate seal, designat- ing the secretary of state as its agent upon whom process in any action provided for by this article may be served within this state, and setting forth an address to which [the secretary of state] A PERSON shall mail a copy of any such process against such petroleum business which may be served upon [him] THE SECRETARY OF STATE. In case any such petroleum business shall have failed to file such certificate of desig- nation, it shall be deemed to have designated the secretary of state as its agent upon whom such process against it may be served; and until a certificate of designation shall have been filed such a petroleum busi- ness shall be deemed to have directed [the secretary of state] A PERSON to mail copies of process served upon [him] THE SECRETARY OF STATE to such petroleum business at its last known office address within or with- out the state. When a certificate of designation has been filed by such a petroleum business [the secretary of state] A PERSON SERVING PROCESS shall mail copies of process thereafter served upon [him] THE SECRETARY OF STATE to the address set forth in such certificate. Any such petrole- um business, from time to time, may change the address to which [the secretary of state] A PERSON is directed to mail copies of process, by filing a certificate to that effect executed, signed and acknowledged in like manner as a certificate of designation as herein provided. (b) Service of process.--Service of process upon any petroleum busi- ness which is a corporation (including any such petroleum business having a certificate of authority [under section two hundred twelve of the general corporation law] or having authority to do business by virtue of section thirteen hundred five of the business corporation law), in any action commenced at any time pursuant to the provisions of this article, may be made by either (1) personally delivering to and leaving with the secretary of state, a deputy secretary of state or with any person authorized by the secretary of state to receive such service [duplicate copies] A COPY thereof at the office of the department of S. 6408 61 A. 9008 state in the city of Albany, in which event [the secretary of state] A PERSON SERVING PROCESS shall forthwith send by [registered] CERTIFIED mail, return receipt requested, [one of such copies] A DUPLICATE COPY to such petroleum business at the address designated by it or at its last known office address within or without the state, or (2) personally delivering to and leaving with the secretary of state, a deputy secre- tary of state or with any person authorized by the secretary of state to receive such service, a copy thereof at the office of the department of state in the city of Albany and by delivering a copy thereof to, and leaving such copy with, the president, vice-president, secretary, assistant secretary, treasurer, assistant treasurer, or cashier of such petroleum business, or the officer performing corresponding functions under another name, or a director or managing agent of such petroleum business, personally without the state. Proof of such personal service without the state shall be filed with the clerk of the court in which the action is pending within thirty days after such service, and such service shall be complete ten days after proof thereof is filed. S 82. This act shall take effect on the one hundred twentieth day after it shall have become a law. PART O Section 1. Chapter 912 of the laws of 1920 relating to the regulation of boxing, sparring, and wrestling is REPEALED. S 2. Article 40 and sections 900 and 901 of the general business law, as renumbered by chapter 407 of the laws of 1973, are renumbered article 43 and sections 1200 and 1201, respectively, and a new article 41 is added to read as follows: ARTICLE 41 COMBATIVE SPORTS SECTION 1000. DEFINITIONS. 1001. COMBATIVE SPORTS AUTHORIZED. 1002. COMBATIVE SPORTS PROHIBITED. 1003. STATE ATHLETIC COMMISSION. 1004. JURISDICTION OF THE COMMISSION. 1005. OFFICERS AND EMPLOYEES OF THE COMMISSION. 1006. SANCTIONING ENTITIES. 1007. LICENSES; GENERAL PROVISIONS. 1008. LICENSES; JUDGES. 1009. LICENSES; ENTITIES. 1010. LICENSES; PROFESSIONALS. 1011. TEMPORARY WORKING PERMITS. 1012. TEMPORARY TRAINING FACILITIES. 1013. MEDICAL ADVISORY BOARD. 1014. REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. 1015. CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. 1016. REQUIRED FILINGS. 1017. PROFESSIONAL WRESTLING; PROMOTERS. 1018. PROHIBITED CONDUCT. 1019. PENALTIES. 1020. SUBPOENAS BY COMMISSION; OATHS. 1021. EXCEPTIONS. 1022. DISPOSITION OF RECEIPTS. S 1000. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "AMATEUR" MEANS ANY PARTICIPANT IN A COMBATIVE SPORT AUTHORIZED PURSUANT TO THIS ARTICLE WHO IS NOT RECEIVING OR COMPETING FOR, AND WHO HAS NEVER RECEIVED OR S. 6408 62 A. 9008 COMPETED FOR, ANY PURSE, MONEY, PRIZE, PECUNIARY GAIN, OR OTHER THING OF VALUE EXCEEDING SEVENTY-FIVE DOLLARS OR THE ALLOWABLE AMOUNT ESTABLISHED BY THE AUTHORIZED AMATEUR SANCTIONING ENTITY OVERSEEING THE COMPETITION. 2. "AUTHORIZED SANCTIONING ENTITY" MEANS AN ENTITY ALLOWED TO OVERSEE AND CONDUCT COMBATIVE SPORTS PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSION. 3. "COMBATIVE SPORT" MEANS ANY UNARMED BOUT, CONTEST, COMPETITION, MATCH, OR EXHIBITION UNDERTAKEN TO ENTERTAIN AN AUDIENCE, WHEREIN THE PARTICIPANTS PRIMARILY GRAPPLE OR WRESTLE, OR DELIVER BLOWS OF ANY KIND TO, OR USE FORCE IN ANY WAY TO MANIPULATE, THE BODY OF ANOTHER PARTIC- IPANT, AND WHEREIN THE OUTCOME AND SCORE DEPEND ENTIRELY ON SUCH ACTIV- ITIES. 4. "COMMISSION" MEANS THE STATE ATHLETIC COMMISSION AS PROVIDED FOR IN SECTION ONE THOUSAND THREE OF THIS ARTICLE, OR AN AGENT OR EMPLOYEE OF THE STATE ATHLETIC COMMISSION ACTING ON ITS BEHALF. 5. "MIXED MARTIAL ARTS" MEANS A COMBATIVE SPORT WHEREIN THE RULES OF ENGAGEMENT DO NOT LIMIT THE PARTICIPANTS TO A SINGLE, SYSTEMATIC, FIGHT- ING DISCIPLINE. 6. "PROFESSIONAL" MEANS ANY PARTICIPANT IN A COMBATIVE SPORT AUTHOR- IZED PURSUANT TO THIS ARTICLE, OTHER THAN AN AMATEUR, WHO IS RECEIVING OR COMPETING FOR, OR WHO HAS EVER RECEIVED OR COMPETED FOR, ANY PURSE, MONEY, PRIZE, PECUNIARY GAIN, OR OTHER THING EXCEEDING SEVENTY-FIVE DOLLARS IN VALUE. S 1001. COMBATIVE SPORTS AUTHORIZED. COMBATIVE SPORTS CONDUCTED UNDER THE SUPERVISION OF THE COMMISSION, UNDER THE SUPERVISION OF AN AUTHOR- IZED SANCTIONING ENTITY, OR AS PROVIDED FOR IN SECTION ONE THOUSAND TWENTY-ONE OF THIS ARTICLE, ARE HEREBY AUTHORIZED. AUTHORIZED COMBATIVE SPORTS INCLUDE, AMATEUR AND PROFESSIONAL BOXING, WRESTLING, SPARRING, KICK BOXING, SINGLE DISCIPLINE MARTIAL ARTS AND MIXED MARTIAL ARTS, PURSUANT TO THE PROVISIONS OF THIS ARTICLE. S 1002. COMBATIVE SPORTS PROHIBITED. 1. THE CONDUCT OF COMBATIVE SPORTS OUTSIDE THE SUPERVISION OF THE COMMISSION OR AN AUTHORIZED SANC- TIONING ENTITY IS PROHIBITED. 2. A PERSON ADVANCES A PROHIBITED COMBATIVE SPORT WHEN, ACTING OTHER THAN AS A SPECTATOR, HE OR SHE ENGAGES IN CONDUCT WHICH MATERIALLY AIDS ANY UNAUTHORIZED COMBATIVE SPORT. SUCH CONDUCT INCLUDES BUT IS NOT LIMITED TO CONDUCT DIRECTED TOWARD THE CREATION, ESTABLISHMENT OR PERFORMANCE OF A PROHIBITED COMBATIVE SPORT, TOWARD THE ACQUISITION OR MAINTENANCE OF PREMISES, PARAPHERNALIA, EQUIPMENT OR APPARATUS THEREFOR, TOWARD THE SOLICITATION OR INDUCEMENT OF PERSONS TO ATTEND OR PARTIC- IPATE THEREIN, TOWARD THE ACTUAL CONDUCT OF THE PERFORMANCE THEREOF, TOWARD THE ARRANGEMENT OF ANY OF ITS FINANCIAL OR PROMOTIONAL PHASES, OR TOWARD ANY OTHER PHASE OF A PROHIBITED COMBATIVE SPORT. ONE ADVANCES A PROHIBITED COMBATIVE SPORT WHEN, HAVING SUBSTANTIAL PROPRIETARY OR OTHER AUTHORITATIVE CONTROL OVER PREMISES BEING USED WITH HIS OR HER KNOWLEDGE FOR PURPOSES OF A PROHIBITED COMBATIVE SPORT, HE OR SHE PERMITS SUCH TO OCCUR OR CONTINUE OR MAKES NO EFFORT TO PREVENT ITS OCCURRENCE OR CONTINUATION. 3. A PERSON PROFITS FROM A PROHIBITED COMBATIVE SPORT WHEN HE OR SHE ACCEPTS OR RECEIVES MONEY OR OTHER PROPERTY WITH INTENT TO PARTICIPATE IN THE PROCEEDS OF A PROHIBITED COMBATIVE SPORT, OR PURSUANT TO AN AGREEMENT OR UNDERSTANDING WITH ANY PERSON WHEREBY HE OR SHE PARTIC- IPATES OR IS TO PARTICIPATE IN THE PROCEEDS OF A PROHIBITED COMBATIVE SPORT. S 1003. STATE ATHLETIC COMMISSION. 1. THE STATE ATHLETIC COMMISSION, AS NAMED BY CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED S. 6408 63 A. 9008 TWENTY, AS AMENDED BY CHAPTER SIX HUNDRED THREE OF THE LAWS OF NINETEEN HUNDRED EIGHTY-ONE, IS CONTINUED AS A DIVISION OF THE DEPARTMENT OF STATE. THE COMMISSION SHALL ACT IN THE BEST INTERESTS OF COMBATIVE SPORTS. THE COMMISSION IS ENACTED TO PROTECT THE HEALTH, SAFETY AND GENERAL WELFARE OF ALL PARTICIPANTS IN COMBATIVE SPORTS AND SPECTATORS THEREOF, TO PRESERVE THE INTEGRITY OF COMBATIVE SPORTS THROUGH THE MEANS OF LICENSING, OVERSIGHT, ENFORCEMENT AND THE AUTHORIZATION OF SANCTION- ING ENTITIES, AND TO FACILITATE THE DEVELOPMENT AND RESPONSIBLE CONDUCT OF COMBATIVE SPORTS THROUGHOUT THE ENTIRE STATE. THE COMMISSION SHALL CONSIST OF FIVE MEMBERS WHO SHALL BE APPOINTED BY THE GOVERNOR BY AND WITH THE ADVICE AND CONSENT OF THE SENATE. THE GOVERNOR SHALL DESIGNATE ONE OF THE MEMBERS AS CHAIRPERSON OF THE COMMISSION. THE MEMBERS OF THE COMMISSION SHALL BE APPOINTED FOR TERMS OF THREE YEARS. ANY VACANCY IN THE MEMBERSHIP OF THE COMMISSION CAUSED OTHERWISE THAN BY EXPIRATION OF TERM SHALL BE FILLED ONLY FOR THE BALANCE OF THE TERM OF THE MEMBER IN WHOSE POSITION THE VACANCY OCCURS. 2. THE COMMISSIONERS SHALL BE PAID THEIR ACTUAL AND NECESSARY TRAVEL- ING AND OTHER EXPENSES INCURRED BY THEM IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES. THE MEMBERS OF THE COMMISSION SHALL ADOPT A SEAL FOR THE COMMISSION, AND MAKE SUCH RULES FOR THE ADMINISTRATION OF THEIR OFFICE, NOT INCONSISTENT HEREWITH, AS THEY MAY DEEM EXPEDIENT; AND THEY MAY AMEND OR ABROGATE SUCH RULES. THREE OF THE MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM TO DO BUSINESS; AND THE CONCURRENCE OF A MAJORITY OF THE COMMISSIONERS PRESENT SHALL BE NECESSARY TO RENDER A DETERMINATION BY THE COMMISSION. THE COMMISSION IS VESTED WITH THE AUTHORITY TO ADOPT SUCH RULES AND REGULATIONS AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS ARTICLE. S 1004. JURISDICTION OF THE COMMISSION. THE COMMISSION SHALL HAVE AND IS HEREBY VESTED WITH THE SOLE DIRECTION, MANAGEMENT, CONTROL AND JURIS- DICTION OVER: 1. ALL AUTHORIZED COMBATIVE SPORTS; 2. ALL LICENSES OR PERMITS GRANTED BY THE COMMISSION TO ANY AND ALL PERSONS OR ENTITIES WHO PARTICIPATE IN AUTHORIZED COMBATIVE SPORTS; 3. ALL DETERMINATIONS REGARDING THE AUTHORIZATION OF AMATEUR AND PROFESSIONAL SANCTIONING ENTITIES; 4. ALL GYMS, CLUBS, TRAINING CAMPS AND OTHER ORGANIZATIONS THAT MAIN- TAIN TRAINING FACILITIES TO PREPARE PERSONS FOR PARTICIPATION IN AUTHOR- IZED PROFESSIONAL COMBATIVE SPORTS; 5. THE PROMOTION OF PROFESSIONAL WRESTLING EXHIBITIONS TO THE EXTENT PROVIDED FOR IN THIS ARTICLE; AND 6. ALL CONTRACTS DIRECTLY RELATED TO THE CONDUCT OF AUTHORIZED PROFES- SIONAL COMBATIVE SPORTS IN THE STATE OF NEW YORK. 7. ALL DISCLOSURES TO THE COMMISSION SHALL BE DEEMED CONFIDENTIAL. S 1005. OFFICERS AND EMPLOYEES OF THE COMMISSION. THE SECRETARY OF STATE MAY APPOINT, AND AT HIS OR HER PLEASURE REMOVE, AN EXECUTIVE DIRECTOR, DEPUTIES, OFFICERS, INSPECTORS, PHYSICIANS AND ANY SUCH OTHER EMPLOYEES AS MAY BE NECESSARY TO ADMINISTER THE PROVISIONS OF THIS ARTI- CLE AND FIX THEIR SALARIES WITHIN THE AMOUNT APPROPRIATED THEREFOR. S 1006. SANCTIONING ENTITIES. 1. THE COMMISSION SHALL PROMULGATE REGU- LATIONS ESTABLISHING A PROCESS BY WHICH ENTITIES MAY BE RECOGNIZED AND APPROVED BY THE COMMISSION AS AUTHORIZED SANCTIONING ENTITIES FOR A PERIOD OF TIME TO BE ESTABLISHED BY THE COMMISSION, DURING WHICH THE ENTITY WILL BE ALLOWED TO OVERSEE AND CONDUCT COMBATIVE SPORTS WITHIN THE STATE OF NEW YORK. THE COMMISSION MAY, IN ITS REASONABLE DISCRETION, LIMIT THE SCOPE OF ANY RECOGNITION AND APPROVAL OF A SANCTIONING ENTITY TO THE OVERSIGHT AND CONDUCT OF ONE OR MORE SPECIFIC COMBAT DISCIPLINES, AMATEUR OR PROFESSIONAL COMBATIVE SPORTS, OR TO ANY COMBINATION OF THE S. 6408 64 A. 9008 FOREGOING BASED ON THE QUALIFICATIONS, INTEGRITY AND HISTORY OF THE ENTITY SEEKING AUTHORIZATION AS A SANCTIONING ENTITY. 2. THE COMMISSION SHALL EVALUATE FACTORS INCLUDING BUT NOT LIMITED TO: (A) THE ENTITY'S STATED MISSION AND PRIMARY PURPOSE; (B) WHETHER THE ENTITY REQUIRES PARTICIPANTS IN COMBATIVE SPORTS TO USE HAND, FOOT AND GROIN PROTECTION; (C) WHETHER THE ENTITY HAS AN ESTABLISHED SET OF RULES THAT REQUIRES THE IMMEDIATE TERMINATION OF ANY COMBATIVE SPORT WHEN ANY PARTICIPANT HAS ENDURED SEVERE PUNISHMENT OR IS IN DANGER OF SUFFERING SERIOUS PHYS- ICAL INJURY; AND (D) WHETHER THE ENTITY HAS ESTABLISHED PROTOCOLS TO EFFECTUATE THE APPROPRIATE AND TIMELY MEDICAL TREATMENT OF INJURED PERSONS. S 1007. LICENSES; GENERAL PROVISIONS. 1. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX, ONE THOUSAND ELEVEN, AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE, WITH RESPECT TO ALL AUTHORIZED PROFESSIONAL COMBATIVE SPORTS IN THIS STATE, ALL CORPORATIONS, ENTITIES, PERSONS, REFEREES, JUDGES, MATCH-MAKERS, TIMEKEEPERS, PROFESSIONALS, AND THEIR MANAGERS, TRAINERS, AND SECONDS SHALL BE LICENSED BY THE COMMISSION. NO SUCH CORPORATION, ENTITY OR PERSON SHALL BE PERMITTED TO PARTICIPATE, EITHER DIRECTLY OR INDIRECTLY, IN ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT, OR THE HOLDING THEREOF, OR THE OPERATION OF ANY TRAINING FACILITY PROVIDING CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN PART FOR THE USE OF PROFESSIONAL BOXERS OR PROFESSIONAL MIXED MARTIAL ARTS PARTICIPANTS, UNLESS SUCH CORPORATION OR PERSONS SHALL HAVE FIRST PROCURED A LICENSE FROM THE COMMISSION. THE COMMISSION SHALL ESTABLISH BY RULE AND REGULATION LICENSING STANDARDS FOR ALL LICENSEES. 2. EVERY APPLICATION FOR A LICENSE SHALL BE IN A FORM PRESCRIBED BY THE COMMISSION, SHALL BE ADDRESSED TO THE COMMISSION, SHALL BE SUBSCRIBED BY THE APPLICANT, AND AFFIRMED BY HIM OR HER AS TRUE UNDER THE PENALTIES OF PERJURY, AND SHALL SET FORTH SUCH FACTS AS THE PROVISIONS HEREOF AND THE RULES AND REGULATIONS OF THE COMMISSION MAY REQUIRE. 3. (A) THE COMMISSION SHALL ESTABLISH REASONABLE FEES, TERMS AND RENEWAL TERMS FOR LICENSES, PERMITS AND OTHER AUTHORIZATIONS ISSUED PURSUANT TO THIS ARTICLE, PROVIDED, HOWEVER, THAT ALL TERMS, RENEWAL TERMS AND FEES IN EFFECT PURSUANT TO CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED TWENTY, AND ANY SUBSEQUENT AMENDMENTS THERETO, IMMEDIATELY PRIOR TO THE ENACTMENT OF THIS ARTICLE, SHALL REMAIN FIXED AT THEIR PRIOR STATUTORY LEVELS FOR A PERIOD OF TWO YEARS FROM ENACTMENT OF THIS ARTICLE. THE COMMISSION SHALL PUBLISH ALL FEES, INCLUDING THE AFOREMENTIONED, IN A SINGLE LOCATION ON ITS WEBSITE. ALL FEES SET BY THE COMMISSION PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET. (B) WITH RESPECT TO THE FEES ESTABLISHED BY THE COMMISSION PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, WHEN SUCH FEES ARE PAYABLE IN RELATION TO AUTHORIZED COMBATIVE SPORTS CONSTITUTING MIXED MARTIAL ARTS, THE FOLLOWING SHALL APPLY: (I) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS NOT MORE THAN TWO THOUSAND FIVE HUNDRED, THE PROMOTER SHALL PAY NOT MORE THAN FIVE HUNDRED DOLLARS; (II) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS GREATER THAN TWO THOUSAND FIVE HUNDRED, BUT NOT MORE THAN FIVE THOUSAND, THE PROMOTER SHALL PAY NOT MORE THAN ONE THOUSAND DOLLARS; (III) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS GREATER THAN FIVE THOUSAND, BUT NOT MORE THAN FIFTEEN THOUSAND, THE PROMOTER SHALL PAY NOT MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS; S. 6408 65 A. 9008 (IV) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS GREATER THAN FIFTEEN THOUSAND, BUT NOT MORE THAN TWENTY-FIVE THOUSAND, THE PROMOTER SHALL PAY NOT MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS; (V) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS GREATER THAN TWENTY-FIVE THOUSAND, THE PROMOTER SHALL PAY NOT MORE THAN THREE THOUSAND DOLLARS; (VI) FOR REFEREES AND JUDGES, NOT MORE THAN ONE HUNDRED DOLLARS; (VII) FOR PROFESSIONAL PARTICIPANTS, MANAGERS AND TRAINERS NOT MORE THAN FIFTY DOLLARS; AND (VIII) FOR CHIEF SECONDS, NOT MORE THAN FORTY DOLLARS. 4. ANY LICENSE, TEMPORARY WORK PERMIT OR OTHER AUTHORIZATION ISSUED UNDER THE PROVISIONS OF THIS ARTICLE MAY BE REVOKED OR SUSPENDED BY THE COMMISSION WHEN THE LICENSEE, PERMITTEE OR AUTHORIZED ENTITY HAS, IN THE JUDGMENT OF THE COMMISSION, VIOLATED ANY PROVISION OF THIS ARTICLE, RULE OR ORDER OF THE COMMISSION, DEMONSTRATED CONDUCT DETRIMENTAL TO THE INTERESTS OF AUTHORIZED COMBATIVE SPORTS GENERALLY OR TO THE PUBLIC INTEREST, OR WHEN THE COMMISSION DEEMS IT TO BE IN THE BEST INTERESTS OF THE HEALTH AND SAFETY OF THE LICENSEE. (A) ANY LICENSEE WHO SUFFERED A KNOCKOUT OR TECHNICAL KNOCKOUT IN A COMBATIVE SPORT MAY, UPON THE RECOMMENDATION OF THE ATTENDING COMMISSION PHYSICIAN, BE SUSPENDED BY THE COMMISSION, FOR A PERIOD DETERMINED BY THE COMMISSION, AND SHALL FORFEIT HIS OR HER LICENSE TO THE COMMISSION DURING SUCH PERIOD. SUCH LICENSE SHALL NOT BE RETURNED TO THE LICENSEE UNTIL HE OR SHE HAS MET ALL REQUIREMENTS, MEDICAL AND OTHERWISE, FOR REINSTATEMENT OF SUCH LICENSE. ALL SUCH SUSPENSIONS SHALL BE RECORDED IN HIS OR HER LICENSE BY A COMMISSION OFFICIAL. (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IF ANY OTHER STATE SHALL REVOKE A LICENSEE'S LICENSE TO COMPETE IN COMBATIVE SPORTS IN THAT STATE, THEN THE COMMISSION MAY ACT TO REVOKE ANY LICENSE ISSUED TO SUCH LICENSEE PURSUANT TO THE PROVISIONS OF THIS ARTICLE. S 1008. LICENSES; JUDGES. 1. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE, ONLY A PERSON LICENSED BY THE COMMISSION, AS A COMBATIVE SPORTS JUDGE, MAY JUDGE AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT WITHIN THE STATE. JUDG- ES FOR ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT UNDER THE JURISDIC- TION OF THE COMMISSION SHALL BE SELECTED BY THE COMMISSION FROM A LIST OF QUALIFIED LICENSED JUDGES MAINTAINED BY THE COMMISSION. 2. ANY PARTICIPANT IN A PROFESSIONAL COMBATIVE SPORT OR HIS OR HER MANAGER MAY PROTEST THE ASSIGNMENT OF A JUDGE TO A CONTEST AND THE PARTICIPANT OR MANAGER MAY BE HEARD BY THE COMMISSION OR ITS DESIGNEE IF SUCH PROTEST IS TIMELY. IF THE PROTEST IS UNTIMELY IT SHALL BE SUMMARILY REJECTED. 3. EACH PERSON SEEKING TO BE LICENSED AS A JUDGE BY THE COMMISSION SHALL BE REQUIRED TO SUBMIT TO OR PROVIDE PROOF OF AN EYE EXAMINATION AND ANNUALLY THEREAFTER ON THE ANNIVERSARY OF THE ISSUANCE OF THE LICENSE. THE COMMISSION SHALL ESTABLISH CONTINUING EDUCATION PROGRAMS AND REQUIREMENTS TO BE COMPLETED BY LICENSED JUDGES. EACH JUDGE MUST BE CERTIFIED AS HAVING COMPLETED A TRAINING PROGRAM AS APPROVED BY THE COMMISSION AND SHALL PASS AN EXAMINATION APPROVED BY THE COMMISSION. 4. EACH PERSON SEEKING A LICENSE TO JUDGE AUTHORIZED PROFESSIONAL COMBATIVE SPORTS IN THE STATE SHALL BE REQUIRED TO FILL OUT A FINANCIAL QUESTIONNAIRE CERTIFYING UNDER PENALTY OF PERJURY FULL DISCLOSURE OF THE JUDGE'S FINANCIAL SITUATION ON A QUESTIONNAIRE TO BE PROMULGATED BY THE COMMISSION. SUCH QUESTIONNAIRE SHALL BE IN A FORM AND MANNER APPROVED BY THE COMMISSION AND SHALL PROVIDE INFORMATION AS TO AREAS OF ACTUAL OR POTENTIAL CONFLICT OF INTEREST AS WELL AS APPEARANCES OF SUCH CONFLICTS, S. 6408 66 A. 9008 INCLUDING FINANCIAL RESPONSIBILITY. WITHIN FORTY-EIGHT HOURS OF ANY MATCH, EACH JUDGE OF A PROFESSIONAL COMBATIVE SPORT SHALL FILE WITH THE COMMISSION A FINANCIAL DISCLOSURE STATEMENT IN SUCH FORM AND MANNER AS SHALL BE ACCEPTABLE TO THE COMMISSION. S 1009. LICENSES; ENTITIES. 1. (A) EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE, ONLY ENTITIES LICENSED BY THE COMMISSION MAY CONDUCT AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT WITHIN THE STATE. THE COMMISSION MAY, IN ITS DISCRETION, ISSUE A LICENSE TO CONDUCT OR HOLD AUTHORIZED PROFES- SIONAL COMBATIVE SPORTS, SUBJECT TO THE PROVISIONS HEREOF, TO ANY PERSON OR CORPORATION DULY INCORPORATED, OR LIMITED LIABILITY COMPANY AUTHOR- IZED, UNDER THE LAWS OF THE STATE OF NEW YORK. (B) A PROSPECTIVE LICENSEE MUST SUBMIT TO THE COMMISSION PROOF THAT IT CAN FURNISH SUITABLE PREMISES, AS DETERMINED BY THE COMMISSION, IN WHICH SUCH COMBATIVE SPORT IS TO BE HELD. (C) UPON WRITTEN APPLICATION THE COMMISSION MAY GRANT TO ANY ENTITY HOLDING A LICENSE ISSUED HEREUNDER, THE PRIVILEGE OF HOLDING SUCH A MATCH OR EXHIBITION ON A SPECIFIED DATE IN OTHER PREMISES, OR IN ANOTHER LOCATION, THAN THE PREMISES OR LOCATION PREVIOUSLY APPROVED BY THE COMMISSION, SUBJECT HOWEVER TO APPROVAL OF THE COMMISSION AND THE RULES AND REGULATIONS OF THE COMMISSION. 2. (A) THE COMMISSION MAY, IN ITS DISCRETION AND IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE COMMISSION TO PROTECT THE HEALTH AND SAFETY OF PROFESSIONALS IN TRAINING, ISSUE A LICENSE TO OPERATE A TRAINING FACILITY PROVIDING CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN PART FOR THE USE OF PROFESSIONAL COMBATIVE SPORTS PARTICIPANTS. AT A MINIMUM, ANY SUCH REGULATION SHALL REQUIRE: (I) FIRST AID MATERIALS TO BE STORED IN AN ACCESSIBLE LOCATION ON THE PREMISES AND FOR THE PRESENCE ON THE PREMISES OF A PERSON TRAINED AND CERTIFIED IN THE USE OF SUCH MATERIALS AND PROCEDURES FOR CARDIO-PULMO- NARY RESUSCITATION AT ALL TIMES DURING WHICH THE FACILITY IS OPEN FOR TRAINING PURPOSES; (II) CLEAN AND SANITARY BATHROOMS, SHOWER ROOMS, AND LOCKER ROOMS; (III) ADEQUATE VENTILATION AND LIGHTING OF ACCESSIBLE AREAS OF THE TRAINING FACILITY; (IV) ESTABLISHMENT OF A POLICY CONCERNING THE RESTRICTION OF SMOKING IN TRAINING AREAS, INCLUDING PROVISIONS FOR ITS ENFORCEMENT BY THE FACILITY OPERATOR; (V) COMPLIANCE WITH STATE AND LOCAL FIRE ORDINANCES; (VI) INSPECTION AND APPROVAL OF SURFACES ON WHICH TRAINING FOR COMBA- TIVE SPORTS WILL BE HELD; AND (VII) ESTABLISHMENT OF A POLICY FOR POSTING ALL COMMISSION LICENSE SUSPENSIONS AND LICENSE REVOCATIONS RECEIVED FROM THE COMMISSION INCLUD- ING PROVISIONS FOR ENFORCEMENT OF SUCH SUSPENSIONS AND REVOCATIONS BY THE FACILITY OPERATOR. (B) A PROSPECTIVE ENTITY LICENSEE SHALL SUBMIT TO THE COMMISSION PROOF THAT IT CAN FURNISH SUITABLE FACILITIES IN WHICH THE TRAINING IS TO BE CONDUCTED, INCLUDING THE MAKING OF SUCH TRAINING FACILITIES AVAILABLE FOR INSPECTION BY THE COMMISSION AT ANY TIME DURING WHICH TRAINING IS IN PROGRESS. S 1010. LICENSES; PROFESSIONALS. 1. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX, ONE THOUSAND ELEVEN AND ONE THOUSAND SEVEN- TEEN OF THIS ARTICLE, ONLY PERSONS LICENSED BY THE COMMISSION SHALL COMPETE IN AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. 2. ANY PROFESSIONAL APPLYING FOR A LICENSE OR RENEWAL OF A LICENSE TO PARTICIPATE IN COMBATIVE SPORTS UNDER THIS ARTICLE SHALL UNDERGO A S. 6408 67 A. 9008 COMPREHENSIVE PHYSICAL EXAMINATION INCLUDING CLINICAL NEUROLOGICAL EXAM- INATIONS BY A PHYSICIAN APPROVED BY THE COMMISSION. IF, AT THE TIME OF SUCH EXAMINATION, THERE IS ANY INDICATION OF BRAIN INJURY, OR FOR ANY OTHER REASON THE PHYSICIAN DEEMS IT APPROPRIATE, THE PROFESSIONAL SHALL BE REQUIRED TO UNDERGO FURTHER NEUROLOGICAL EXAMINATIONS BY A NEUROLO- GIST INCLUDING MAGNETIC RESONANCE IMAGING OR OTHER MEDICALLY EQUIVALENT PROCEDURES. THE COMMISSION SHALL NOT ISSUE A LICENSE TO A PROFESSIONAL UNTIL SUCH EXAMINATIONS ARE COMPLETED AND REVIEWED BY THE COMMISSION. THE RESULTS OF ALL SUCH EXAMINATIONS HEREIN REQUIRED SHALL BECOME A PART OF THE PROFESSIONAL'S PERMANENT MEDICAL RECORD AS MAINTAINED BY THE COMMISSION. THE COSTS OF ALL SUCH EXAMINATIONS SHALL BE ASSUMED BY THE APPLICANT OR PROMOTER WITH WHICH THE PROFESSIONAL BOXER OR MIXED MARTIAL ARTS PARTICIPANT IS AFFILIATED, REGARDLESS OF PROVIDER. 3. ANY PROFESSIONAL LICENSED UNDER THIS ARTICLE SHALL, AS A CONDITION OF LICENSURE, WAIVE RIGHT OF CONFIDENTIALITY OF MEDICAL RECORDS RELATING TO TREATMENT OF ANY PHYSICAL CONDITION WHICH RELATES TO HIS OR HER ABIL- ITY TO FIGHT. ALL MEDICAL REPORTS SUBMITTED TO, AND ALL MEDICAL RECORDS OF THE MEDICAL ADVISORY BOARD OR THE COMMISSION RELATIVE TO THE PHYSICAL EXAMINATION OR CONDITION OF PROFESSIONALS SHALL BE CONSIDERED CONFIDEN- TIAL, AND SHALL BE OPEN TO EXAMINATION ONLY TO THE COMMISSION OR ITS AUTHORIZED REPRESENTATIVE, TO THE LICENSED PROFESSIONAL OR MANAGER UPON WRITTEN APPLICATION TO EXAMINE SAID RECORDS, OR UPON THE ORDER OF A COURT OF COMPETENT JURISDICTION IN AN APPROPRIATE CASE. S 1011. TEMPORARY WORKING PERMITS. THE COMMISSION MAY ISSUE TEMPORARY WORKING PERMITS TO PROFESSIONALS, THEIR MANAGERS, TRAINERS AND SECONDS. A TEMPORARY WORKING PERMIT SHALL AUTHORIZE THE EMPLOYMENT OF THE HOLDER OF SUCH PERMIT TO ENGAGE IN A SINGLE AUTHORIZED PROFESSIONAL COMBATIVE SPORT AT A SPECIFIED TIME AND PLACE. THE COMMISSION MAY REQUIRE THAT PROFESSIONALS APPLYING FOR TEMPORARY WORKING PERMITS UNDERGO A PHYSICAL EXAMINATION AND NEUROLOGICAL TEST OR PROCEDURE, INCLUDING MAGNETIC RESO- NANCE IMAGING OR MEDICALLY EQUIVALENT PROCEDURE. TEMPORARY WORKING PERMITS SHALL EXPIRE UPON THE COMPLETION OF THE SINGLE AUTHORIZED PROFESSIONAL COMBATIVE SPORT AND ANY SUBSEQUENT EVALUATIONS OR INSPECTIONS REQUIRED BY THE COMMISSION. THE FEE FOR SUCH TEMPORARY WORKING PERMIT SHALL BE ESTABLISHED BY THE COMMISSION PURSUANT TO RULE. S 1012. TEMPORARY TRAINING FACILITIES. THE COMMISSION IN ITS JUDGMENT MAY EXEMPT FROM LICENSING UNDER THIS ARTICLE ANY TRAINING FACILITY PROVIDING CONTACT SPARRING ESTABLISHED AND MAINTAINED ON A TEMPORARY BASIS FOR THE PURPOSE OF PREPARING PROFESSIONALS FOR A SPECIFIC AUTHOR- IZED COMBATIVE SPORT TO BE CONDUCTED, HELD OR GIVEN WITHIN THE STATE OF NEW YORK. S 1013. MEDICAL ADVISORY BOARD. 1. THE MEDICAL ADVISORY BOARD CREATED PURSUANT TO CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED TWENTY, AND SUBSEQUENT AMENDMENTS THERETO IS HEREBY CONTINUED WITHOUT INTERRUPTION. IT SHALL REMAIN A DIVISION OF THE STATE ATHLETIC COMMIS- SION, AND SHALL CONSIST OF NINE MEMBERS TO BE APPOINTED BY THE GOVERNOR. THE GOVERNOR SHALL DESIGNATE ONE OF SUCH MEMBERS AS CHAIRPERSON OF THE ADVISORY BOARD. THE TERM OF A MEMBER THEREAFTER APPOINTED, EXCEPT TO FILL A VACANCY, SHALL BE THREE YEARS FROM THE EXPIRATION OF THE TERM OF HIS PREDECESSOR. UPON THE APPOINTMENT OF A SUCCESSOR TO THE CHAIRPERSON OF THE ADVISORY BOARD, THE GOVERNOR SHALL DESIGNATE SUCH SUCCESSOR OR OTHER MEMBER OF THE ADVISORY BOARD AS CHAIRPERSON. A VACANCY OCCURRING OTHERWISE THAN BY EXPIRATION OF TERM, SHALL BE FILLED BY APPOINTMENT BY THE GOVERNOR FOR THE REMAINDER ONLY OF THE TERM. EACH MEMBER OF THE ADVISORY BOARD SHALL BE DULY LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW YORK, AND AT THE TIME OF HIS OR HER APPOINTMENT HAVE HAD AT LEAST S. 6408 68 A. 9008 FIVE YEARS' EXPERIENCE IN THE PRACTICE OF HIS OR HER PROFESSION. THE MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE SUCH COMPENSATION AS MAY BE FIXED BY THE COMMISSION WITHIN THE AMOUNT PROVIDED BY APPROPRIATION, AND SHALL BE ALLOWED AND PAID NECESSARY TRAVELING AND OTHER EXPENSES INCURRED BY THEM, RESPECTIVELY, IN THE PERFORMANCE OF THEIR DUTIES HERE- UNDER. 2. THE ADVISORY BOARD SHALL HAVE POWER AND IT SHALL BE THE DUTY OF THE BOARD TO PREPARE AND SUBMIT TO THE COMMISSION FOR APPROVAL REGULATIONS AND STANDARDS FOR THE PHYSICAL EXAMINATION OF PROFESSIONALS INCLUDING, WITHOUT LIMITATION, PRE-FIGHT AND POST-FIGHT EXAMINATIONS AND PERIODIC COMPREHENSIVE EXAMINATIONS. THE BOARD SHALL CONTINUE TO SERVE IN AN ADVISORY CAPACITY TO THE COMMISSION AND FROM TIME TO TIME PREPARE AND SUBMIT TO THE COMMISSION FOR APPROVAL, SUCH ADDITIONAL REGULATIONS AND STANDARDS OF EXAMINATION AS IN THEIR JUDGMENT WILL SAFEGUARD THE PHYS- ICAL WELFARE OF PROFESSIONALS LICENSED BY THE COMMISSION. THE ADVISORY BOARD SHALL RECOMMEND TO THE COMMISSION FROM TIME TO TIME SUCH QUALIFIED PHYSICIANS, WHO MAY BE DESIGNATED AND EMPLOYED BY THE COMMISSION FOR THE PURPOSE OF CONDUCTING PHYSICAL EXAMINATIONS OF PROFESSIONALS AND OTHER SERVICES AS THE RULES OF THE COMMISSION SHALL PROVIDE. SUCH PHYSICIANS, IF SO EMPLOYED, SHALL RECEIVE COMPENSATION AS FIXED BY THE COMMISSION WITHIN AMOUNTS APPROPRIATED THEREFOR. THE PROVISIONS OF SECTION SEVEN- TEEN OF THE PUBLIC OFFICERS LAW SHALL APPLY TO ANY PHYSICIAN WHO: (A) IS DESIGNATED AND EMPLOYED BY THE COMMISSION; AND (B) IS RENDERING PROFESSIONAL SERVICES ON BEHALF OF THE COMMISSION TO PROFESSIONALS. 3. THE ADVISORY BOARD SHALL DEVELOP OR RECOMMEND APPROPRIATE MEDICAL EDUCATION PROGRAMS FOR ALL COMMISSION PERSONNEL INVOLVED IN THE CONDUCT OF AUTHORIZED COMBATIVE SPORTS SO THAT SUCH PERSONNEL CAN RECOGNIZE AND ACT UPON EVIDENCE OF POTENTIAL OR ACTUAL ADVERSE MEDICAL INDICATIONS IN A PARTICIPANT PRIOR TO, DURING OR AFTER THE COURSE OF A MATCH. 4. THE ADVISORY BOARD SHALL REVIEW THE CREDENTIALS AND PERFORMANCE OF EACH COMMISSION PHYSICIAN ON AN ANNUAL BASIS. 5. THE ADVISORY BOARD SHALL ADVISE THE COMMISSION ON ANY STUDY OF EQUIPMENT, PROCEDURES OR PERSONNEL WHICH WILL, IN THEIR OPINION, PROMOTE THE SAFETY OF PROFESSIONALS. S 1014. REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. THE COMMISSION SHALL PROMULGATE REGULATIONS GOVERNING THE CONDUCT OF AUTHOR- IZED PROFESSIONAL COMBATIVE SPORTS THAT: 1. ESTABLISH PARAMETERS AND LIMITATIONS ON WEIGHTS AND CLASSES OF PROFESSIONALS; 2. ESTABLISH PARAMETERS AND LIMITATIONS ON THE NUMBER AND DURATION OF ROUNDS; 3. ESTABLISH THE REQUIREMENTS FOR THE PRESENCE OF MEDICAL EQUIPMENT, MEDICAL PERSONNEL, AN AMBULANCE, OTHER EMERGENCY APPARATUS AND AN EMER- GENCY MEDICAL PLAN; 4. ESTABLISH RESPONSIBILITIES OF ALL LICENSEES BEFORE, DURING AND AFTER AN EVENT; 5. DEFINE UNSPORTSMANLIKE PRACTICES; 6. ESTABLISH CONDITIONS FOR THE FORFEITURE OF ANY PRIZE, REMUNERATION OR PURSE, OR ANY PART THEREOF BASED ON THE CONDUCT OF PROFESSIONALS, THEIR MANAGERS AND SECONDS; 7. ESTABLISH PARAMETERS AND STANDARDS FOR REQUIRED AND ALLOWED EQUIP- MENT ITEMS UTILIZED BY PROFESSIONALS; 8. ESTABLISH PARAMETERS AND STANDARDS FOR RINGS, COMBAT SURFACES AND APPURTENANCES THERETO; AND S. 6408 69 A. 9008 9. ESTABLISH SUCH OTHER RULES AND CONDITIONS AS ARE NECESSARY TO EFFECTUATE THE COMMISSION'S PURPOSE. S 1015. CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. 1. ALL BUILDINGS OR STRUCTURES USED OR INTENDED TO BE USED FOR CONDUCTING AUTHORIZED PROFESSIONAL COMBATIVE SPORTS SHALL BE PROPERLY VENTILATED AND PROVIDED WITH FIRE EXITS AND FIRE ESCAPES, AND IN ALL MANNER CONFORM TO THE LAWS, ORDINANCES AND REGULATIONS PERTAINING TO BUILDINGS IN THE CITY, TOWN OR VILLAGE WHERE SITUATED. 2. NO PERSON UNDER THE AGE OF EIGHTEEN YEARS SHALL PARTICIPATE IN ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORTS, AND NO PERSON UNDER SIXTEEN YEARS OF AGE SHALL BE PERMITTED TO ATTEND THEREAT AS A SPECTATOR, PROVIDED, HOWEVER, THAT A PERSON UNDER THE AGE OF SIXTEEN MAY BE PERMIT- TED TO ATTEND AS A SPECTATOR IF ACCOMPANIED BY A PARENT OR GUARDIAN. 3. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE, AT EACH AUTHORIZED PROFESSIONAL COMBATIVE SPORT, EXCEPT WHERE CONDUCTED SOLELY FOR TRAINING PURPOSES, THERE SHALL BE IN ATTENDANCE A DULY LICENSED REFEREE WHO SHALL DIRECT AND CONTROL THE SAME. THERE SHALL ALSO BE IN ATTENDANCE, EXCEPT WHERE CONDUCTED SOLELY FOR TRAINING PURPOSES, THREE DULY LICENSED JUDGES WHO SHALL AT THE TERMINATION OF EACH SUCH AUTHORIZED PROFESSIONAL COMBATIVE SPORT RENDER THEIR DECISION. THE WINNER SHALL BE DETERMINED IN ACCORD- ANCE WITH A SCORING SYSTEM PRESCRIBED BY THE COMMISSION. 4. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE, THE COMMISSION SHALL DIRECT AN EMPLOYEE OF THE COMMISSION TO BE PRESENT AT EACH PLACE WHERE AUTHORIZED PROFESSIONAL COMBATIVE SPORTS ARE TO BE CONDUCTED. SUCH EMPLOYEE OF THE COMMISSION SHALL ASCERTAIN THE EXACT CONDITIONS SURROUNDING SUCH AUTHOR- IZED PROFESSIONAL COMBATIVE SPORT AND MAKE A WRITTEN REPORT OF THE SAME IN THE MANNER AND FORM PRESCRIBED BY THE COMMISSION. WHERE AUTHORIZED PROFESSIONAL COMBATIVE SPORTS ARE APPROVED TO BE HELD IN A STATE OR CITY OWNED ARMORY, THE PROVISION OF THE MILITARY LAW IN RESPECT THERETO MUST BE COMPLIED WITH. 5. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE, ANY RING OR COMBAT SURFACE MUST BE INSPECTED AND APPROVED BY THE COMMISSION PRIOR TO THE COMMENCEMENT OF ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT. 6. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE, ALL PROFESSIONALS MUST BE EXAMINED BY A PHYSICIAN DESIGNATED BY THE COMMISSION BEFORE ENTERING THE RING OR COMBAT SURFACE AND EACH SUCH PHYSICIAN SHALL IMMEDIATELY FILE WITH THE COMMISSION A WRITTEN REPORT OF SUCH EXAMINATION. THE COST OF ANY SUCH EXAMINATION, AS PRESCRIBED BY A SCHEDULE OF FEES ESTABLISHED BY THE COMMISSION, SHALL BE PAID BY THE CORPORATION CONDUCTING THE AUTHORIZED PROFESSIONAL COMBATIVE SPORT TO THE COMMISSION. IT SHALL BE THE DUTY OF EVERY PERSON OR CORPORATION LICENSED TO CONDUCT AN AUTHORIZED PROFES- SIONAL COMBATIVE SPORT, TO HAVE IN ATTENDANCE AT EVERY AUTHORIZED PROFESSIONAL COMBATIVE SPORT, AT LEAST ONE PHYSICIAN DESIGNATED BY THE COMMISSION AS THE RULES SHALL PROVIDE. THE COMMISSION MAY ESTABLISH A SCHEDULE OF FEES TO BE PAID BY THE LICENSEE TO COVER THE COST OF SUCH ATTENDANCE. 7. THE PHYSICIAN SHALL TERMINATE ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT IF IN THE OPINION OF SUCH PHYSICIAN ANY PROFESSIONAL HAS RECEIVED SEVERE PUNISHMENT OR IS IN DANGER OF SERIOUS PHYSICAL INJURY. IN THE EVENT OF ANY SERIOUS PHYSICAL INJURY, SUCH PHYSICIAN SHALL IMMEDIATELY RENDER ANY EMERGENCY TREATMENT NECESSARY, RECOMMEND FURTHER TREATMENT OR HOSPITALIZATION IF REQUIRED, AND FULLY REPORT THE ENTIRE MATTER TO THE S. 6408 70 A. 9008 COMMISSION WITHIN TWENTY-FOUR HOURS AND IF NECESSARY, SUBSEQUENTLY THER- EAFTER. SUCH PHYSICIAN MAY ALSO REQUIRE THAT THE INJURED PROFESSIONAL AND HIS OR HER MANAGER REMAIN IN THE RING OR ON THE PREMISES OR REPORT TO A HOSPITAL AFTER THE CONTEST FOR SUCH PERIOD OF TIME AS SUCH PHYSI- CIAN DEEMS ADVISABLE. ANY PROFESSIONAL LICENSED UNDER THIS ARTICLE RENDERED UNCONSCIOUS OR SUFFERING HEAD TRAUMA AS DETERMINED BY THE ATTENDING PHYSICIAN SHALL BE IMMEDIATELY EXAMINED BY THE ATTENDING COMMISSION PHYSICIAN AND SHALL BE REQUIRED TO UNDERGO NEUROLOGICAL EXAM- INATIONS BY A NEUROLOGIST INCLUDING BUT NOT LIMITED TO MAGNETIC RESO- NANCE IMAGING OR MEDICALLY EQUIVALENT PROCEDURE. 8. SUCH PHYSICIAN MAY ENTER THE RING AT ANY TIME DURING AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT AND MAY TERMINATE THE MATCH IF IN HIS OR HER OPINION THE SAME IS NECESSARY TO PREVENT SEVERE PUNISHMENT OR SERI- OUS PHYSICAL INJURY TO A PROFESSIONAL. 9. BEFORE A LICENSE SHALL BE GRANTED TO A PERSON OR CORPORATION TO CONDUCT AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT, THE APPLICANT SHALL EXECUTE AND FILE WITH THE SECRETARY OF STATE A BOND IN AN AMOUNT TO BE DETERMINED BY THE COMMISSION, TO BE APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THEREON BY THE SECRETARY OF STATE, CONDITIONED FOR THE FAITHFUL PERFORMANCE BY SAID CORPORATION OF THE PROVISIONS OF THIS ARTI- CLE AND THE RULES AND REGULATIONS OF THE COMMISSION, AND UPON THE FILING AND APPROVAL OF SAID BOND THE SECRETARY OF STATE SHALL ISSUE TO SAID APPLICANT A CERTIFICATE OF SUCH FILING AND APPROVAL, WHICH SHALL BE, BY SAID APPLICANT, FILED IN THE OFFICE OF THE COMMISSION WITH ITS APPLICA- TION FOR LICENSE, AND NO SUCH LICENSE SHALL BE ISSUED UNTIL SUCH CERTIF- ICATE SHALL BE FILED. IN CASE OF DEFAULT IN SUCH PERFORMANCE, THE COMMISSION MAY IMPOSE UPON THE DELINQUENT A PENALTY IN THE SUM OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH OFFENSE, WHICH MAY BE RECOVERED BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK IN THE SAME MANNER AS OTHER PENALTIES ARE RECOVERED BY LAW; ANY AMOUNT SO RECOVERED SHALL BE PAID INTO THE TREASURY. 10. IN ADDITION TO THE BOND REQUIRED BY SUBDIVISION NINE OF THIS SECTION, EACH APPLICANT FOR A LICENSE TO CONDUCT AN AUTHORIZED PROFES- SIONAL COMBATIVE SPORT SHALL EXECUTE AND FILE WITH THE SECRETARY OF STATE A BOND IN AN AMOUNT TO BE DETERMINED BY THE COMMISSION TO BE APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THEREON BY THE SECRETARY OF STATE, CONDITIONED FOR AND GUARANTEEING THE PAYMENT OF PROFESSIONALS' AND PROFESSIONAL WRESTLERS' PURSES, SALARIES OF CLUB EMPLOYEES LICENSED BY THE COMMISSION, AND THE LEGITIMATE EXPENSES OF PRINTING TICKETS AND ALL ADVERTISING MATERIAL. 11. ALL PERSONS, PARTIES OR CORPORATIONS HAVING LICENSES AS PROMOTERS OR WHO ARE LICENSED IN ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF THIS ARTICLE SHALL CONTINUOUSLY PROVIDE ACCIDENT INSURANCE OR SUCH OTHER FORM OF FINANCIAL GUARANTEE DEEMED ACCEPTABLE BY THE COMMISSION, FOR THE PROTECTION OF LICENSED PROFESSIONALS AND PROFESSIONAL WRESTLERS, APPEAR- ING IN AUTHORIZED PROFESSIONAL COMBATIVE SPORTS OR WRESTLING EXHIBI- TIONS. SUCH ACCIDENT INSURANCE OR FINANCIAL GUARANTEE SHALL PROVIDE COVERAGE TO THE LICENSED PROFESSIONAL FOR: MEDICAL, SURGICAL AND HOSPI- TAL CARE, WITH A MINIMUM LIMIT OF FIFTY THOUSAND DOLLARS FOR INJURIES SUSTAINED WHILE PARTICIPATING IN ANY PROGRAM OPERATED UNDER THE CONTROL OF SUCH LICENSED PROMOTER AND FOR A PAYMENT OF FIFTY THOUSAND DOLLARS TO THE ESTATE OF ANY DECEASED ATHLETE WHERE SUCH DEATH IS OCCASIONED BY INJURIES RECEIVED IN THIS STATE DURING THE COURSE OF A PROGRAM IN WHICH SUCH LICENSED PROFESSIONAL OR PROFESSIONAL WRESTLER PARTICIPATED UNDER THE PROMOTION OR CONTROL OF ANY LICENSED PROMOTER; AND, MEDICAL, SURGI- CAL AND HOSPITAL CARE WITH A MINIMUM LIMIT OF ONE MILLION DOLLARS FOR S. 6408 71 A. 9008 THE TREATMENT OF A LIFE-THREATENING BRAIN INJURY SUSTAINED IN A PROGRAM OPERATED UNDER THE CONTROL OF SUCH LICENSED PROMOTER, WHERE AN IDENTIFI- ABLE, CAUSAL LINK EXISTS BETWEEN THE PROFESSIONAL LICENSEE'S PARTIC- IPATION IN SUCH PROGRAM AND THE LIFE-THREATENING BRAIN INJURY. WHERE APPLICABLE, PROFESSIONAL LICENSEES SHALL BE AFFORDED THE OPTION TO SUPPLEMENT THE PREMIUMS FOR THE ACCIDENT INSURANCE OR FINANCIAL GUARAN- TEE TO INCREASE THE COVERAGE BEYOND THE MINIMUM LIMITS REQUIRED BY THIS SUBDIVISION. THE COMMISSION MAY FROM TIME TO TIME, PROMULGATE REGU- LATIONS TO ADJUST THE AMOUNT OF SUCH MINIMUM LIMITS. THE FAILURE TO PROVIDE SUCH INSURANCE AS IS REQUIRED BY THIS SUBDIVISION SHALL BE CAUSE FOR THE SUSPENSION OR THE REVOCATION OF THE LICENSE OF SUCH DEFAULTING ENTITY. 12. (A) EVERY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB HOLDING ANY PROFESSIONAL OR AMATEUR COMBATIVE SPORT, INCLUDING ANY PROFESSIONAL WRESTLING MATCH OR EXHIBITION, FOR WHICH AN ADMISSION FEE IS CHARGED OR RECEIVED, SHALL NOTIFY THE ATHLETIC COMMISSION AT LEAST TEN DAYS IN ADVANCE OF THE HOLDING OF SUCH CONTEST. ALL TICKETS OF ADMISSION TO ANY SUCH PROFESSIONAL OR AMATEUR COMBATIVE SPORT OR PROFESSIONAL WRESTLING MATCH OR EXHIBITION SHALL BE PROCURED FROM A PRINTER DULY AUTHORIZED BY THE STATE ATHLETIC COMMISSION TO PRINT SUCH TICKETS AND SHALL BEAR CLEARLY UPON THE FACE THEREOF THE PURCHASE PRICE AND LOCATION OF SAME. (B) PURSUANT TO DIRECTION BY THE COMMISSIONER OF TAXATION AND FINANCE, EMPLOYEES OR OFFICERS OF THE COMMISSION SHALL ACT AS AGENTS OF THE COMMISSIONER OF TAXATION AND FINANCE TO COLLECT THE TAX IMPOSED BY ARTI- CLE NINETEEN OF THE TAX LAW. THE ATHLETIC COMMISSION SHALL PROVIDE THE COMMISSIONER OF TAXATION AND FINANCE WITH SUCH INFORMATION AND TECHNICAL ASSISTANCE AS MAY BE NECESSARY FOR THE PROPER ADMINISTRATION OF SUCH TAX. S 1016. REQUIRED FILINGS. 1. THE ORGANIZATION THAT PROMOTES, SANCTIONS OR OTHERWISE PARTICIPATES IN THE PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE PROFESSIONALS FOR A CONTEST MUST FILE WITH THE COMMISSION A WRITTEN STATEMENT EXECUTED UNDER PENALTY OF PERJURY STATING (A) ALL CHARGES, EXPENSES, FEES, AND COSTS THAT WILL BE ASSESSED AGAINST ANY PROFESSIONAL PARTICIPATING IN THE EVENT; (B) ALL PAYMENTS, BENEFITS, COMPLIMENTARY BENEFITS AND FEES THE ORGANIZATION OR ENTITY WILL RECEIVE FOR ITS AFFILIATION WITH THE EVENT; (C) THE NAME OF THE PROMOTER; (D) SPONSOR OF THE EVENT; AND (E) ALL OTHER SOURCES, AND SUCH OTHER AND ADDITIONAL INFORMATION AS REQUIRED BY THE COMMISSION. SUCH WRITTEN STATEMENT SHALL BE FILED IN A FORM AND MANNER ACCEPTABLE TO THE COMMIS- SION. 2. THE PROMOTER, ORGANIZER, PRODUCER OR ANOTHER THAT PARTICIPATES IN THE PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE PROFESSIONALS FOR A CONTEST MUST FILE WITH THE COMMISSION A WRITTEN STATEMENT UNDER PENALTY OF PERJURY DETAILING ALL CHARGES, FEES, COSTS AND EXPENSES BY OR THROUGH THE PROMOTER ON THE PROFESSIONAL PERTAINING TO THE EVENT, INCLUDING ANY PORTION OF THE PROFESSIONAL'S PURSE THAT THE PROMOTER WILL RECEIVE AND TRAINING EXPENSES AND ALL PAYMENTS, GIFTS OR BENEFITS THE PROMOTER IS PROVIDING TO ANY SANCTIONING ORGANIZATION AFFILIATED WITH THE EVENT. SUCH WRITTEN STATEMENT SHALL BE FILED IN A FORM AND MANNER ACCEPTABLE TO THE COMMISSION. 3. THE PROMOTER, ORGANIZER, PRODUCER OR ANOTHER THAT PARTICIPATES IN THE PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE PROFESSIONALS FOR A CONTEST MUST FILE WITH THE COMMISSION A COPY OF ANY AGREEMENT IN WRITING TO WHICH THE PROMOTER IS A PARTY WITH ANY PROFESSIONAL PARTIC- IPATING IN THE MATCH. S. 6408 72 A. 9008 4. ALL CONTRACTS CALLING FOR THE SERVICES OF A PROFESSIONAL IN AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT AND ENTERED INTO BY LICENSED PROMOTERS, PROFESSIONALS OR MANAGERS AS ONE OR MORE OF THE PARTIES IN SUCH CONTRACTS, INCLUDING THOSE CONTRACTS WHICH RELATE TO THE RIGHTS TO DISTRIBUTE, TELEVISE OR OTHERWISE TRANSMIT ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT OVER THE AIRWAVES OR BY CABLE SHALL BE SUBJECT TO THE APPROVAL OF THE COMMISSION AND COPIES THEREOF SHALL BE FILED WITH THE COMMISSION BY SUCH CORPORATION, PROFESSIONAL OR MANAGER WITHIN FORTY-EIGHT HOURS AFTER THE EXECUTION OF SUCH CONTRACT AND AT LEAST TEN BUSINESS DAYS PRIOR TO ANY BOUTS, OR THE FIRST OF ANY SERIES OF BOUTS, TO WHICH THEY RELATE. THE COMMISSION MAY WAIVE SUCH FILING DEADLINE FOR GOOD CAUSE SHOWN. S 1017. PROFESSIONAL WRESTLING; PROMOTERS. 1. FOR THE PURPOSES OF THIS ARTICLE, "PROFESSIONAL WRESTLING" SHALL MEAN AN ACTIVITY IN WHICH PARTICIPANTS STRUGGLE HAND-IN-HAND PRIMARILY FOR THE PURPOSE OF PROVID- ING ENTERTAINMENT TO SPECTATORS AND WHICH DOES NOT COMPRISE A BONA FIDE ATHLETIC CONTEST OR COMPETITION. 2. EVERY PERSON, PARTNERSHIP OR CORPORATION PROMOTING ONE OR MORE PROFESSIONAL WRESTLING EXHIBITIONS IN THIS STATE SHALL BE REQUIRED TO OBTAIN FROM THE COMMISSION AN ANNUAL LICENSE TO CONDUCT SUCH EXHIBITIONS SUBJECT TO TERMS AND CONDITIONS PROMULGATED BY THE COMMISSION PURSUANT TO RULE AND CONSISTENT WITH THE APPLICABLE PROVISIONS OF THIS ARTICLE. EACH APPLICANT SHALL PAY AN ANNUAL FEE ESTABLISHED BY THE COMMISSION PURSUANT TO RULE. 3. A LICENSED PROMOTER OF A PROFESSIONAL WRESTLING EXHIBITION IN THE STATE SHALL NOTIFY THE ATHLETIC COMMISSION AT LEAST TEN DAYS IN ADVANCE OF THE HOLDING OF THE EXHIBITION. EACH SUCH PROMOTER SHALL EXECUTE AND FILE WITH THE COMPTROLLER A BOND IN AN AMOUNT NOT LESS THAN TWENTY THOU- SAND DOLLARS TO BE APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THER- EON BY THE COMPTROLLER, CONDITIONED FOR AND GUARANTEEING THE PAYMENT OF PROFESSIONAL WRESTLER'S PURSES, SALARIES OF CLUB EMPLOYEES LICENSED BY THE COMMISSION, THE LEGITIMATE EXPENSES OF PRINTING TICKETS AND ALL ADVERTISING MATERIAL, PAYMENTS TO SPONSORING ORGANIZATIONS, AND THE APPLICABLE STATE AND LOCAL SALES AND COMPENSATING USE TAX. 4. A LICENSED PROMOTER OF A PROFESSIONAL WRESTLING EXHIBITION SHALL PROVIDE FOR A LICENSED PHYSICIAN TO BE PRESENT AT EACH EXHIBITION, AND SUCH PHYSICIAN SHALL EXAMINE EACH WRESTLER PRIOR TO EACH PERFORMANCE, AND EACH SUCH PRE-PERFORMANCE EXAMINATION SHALL BE CONDUCTED IN ACCORD- ANCE WITH REGULATIONS PRESCRIBED BY THE COMMISSION. 5. EVERY LICENSED PROMOTER OF PROFESSIONAL WRESTLING WHO PROMOTES SIX OR MORE EXHIBITIONS IN THE STATE IN A CALENDAR YEAR MUST HAVE IN PLACE AN ANTI-DRUG PLAN AND FILE WITH THE COMMISSION A WRITTEN COPY OF THE PLAN. EACH SUCH PLAN SHALL ADDRESS THE USE OF A CONTROLLED SUBSTANCE DEFINED IN ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW, AND SUCH PLAN SHALL AT MINIMUM PROVIDE FOR THE FOLLOWING: (A) DISSEMINATION OF EDUCATIONAL MATERIALS TO PROFESSIONAL WRESTLERS WHO PERFORM FOR ANY SUCH PROMOTER INCLUDING A LIST OF PROHIBITED DRUGS AND AVAILABLE REHABILITATION SERVICES; AND (B) A REFERRAL PROCEDURE TO PERMIT ANY SUCH PROFESSIONAL WRESTLER TO OBTAIN REHABILITATION SERVICES. S 1018. PROHIBITED CONDUCT. 1. NO CORPORATION OR PERSON SHALL HAVE, EITHER DIRECTLY OR INDIRECTLY, ANY FINANCIAL INTEREST IN A PROFESSIONAL BOXER COMPETING ON PREMISES OWNED OR LEASED BY THE CORPORATION OR PERSON, OR IN WHICH SUCH CORPORATION OR PERSON IS OTHERWISE INTERESTED EXCEPT PURSUANT TO THE SPECIFIC WRITTEN AUTHORIZATION OF THE COMMISSION. S. 6408 73 A. 9008 2. NO CONTESTANT IN A BOXING OR SPARRING MATCH OR EXHIBITION SHALL BE PAID FOR SERVICES BEFORE THE CONTEST, AND SHOULD IT BE DETERMINED BY THE COMMISSION THAT SUCH CONTESTANT DID NOT GIVE AN HONEST EXHIBITION OF HIS OR HER SKILL, SUCH SERVICES SHALL NOT BE PAID FOR. 3. ANY PERSON, INCLUDING ANY CORPORATION AND THE OFFICERS THEREOF, ANY PHYSICIAN, REFEREE, JUDGE, TIMEKEEPER, PROFESSIONAL, MANAGER, TRAINER OR SECOND, WHO SHALL PROMOTE, CONDUCT, GIVE OR PARTICIPATE IN ANY SHAM OR COLLUSIVE AUTHORIZED PROFESSIONAL COMBATIVE SPORTS, SHALL BE DEPRIVED OF HIS OR HER LICENSE BY THE COMMISSION AND ANY OTHER APPROPRIATE LEGAL REMEDIES. 4. NO LICENSED PROMOTER OR MATCHMAKER SHALL KNOWINGLY ENGAGE IN A COURSE OF CONDUCT IN WHICH FIGHTS ARE ARRANGED WHERE ONE PROFESSIONAL HAS SKILLS OR EXPERIENCE SIGNIFICANTLY IN EXCESS OF THE OTHER PROFES- SIONAL SO THAT A MISMATCH RESULTS WITH THE POTENTIAL OF PHYSICAL HARM TO THE PROFESSIONAL. S 1019. PENALTIES. 1. A PERSON WHO KNOWINGLY ADVANCES OR PROFITS FROM A PROHIBITED COMBATIVE SPORT SHALL BE GUILTY OF A CLASS A MISDEMEANOR, AND SHALL BE GUILTY OF A CLASS E FELONY IF HE OR SHE HAS BEEN CONVICTED IN THE PREVIOUS FIVE YEARS OF VIOLATING THIS SUBDIVISION. 2. ANY PERSON WHO KNOWINGLY ADVANCES OR PROFITS FROM A PROHIBITED COMBATIVE SPORT SHALL ALSO BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FOR THE FIRST VIOLATION TEN THOUSAND DOLLARS OR TWICE THE AMOUNT OF GAIN DERIVED THEREFROM WHICHEVER IS GREATER, OR FOR A SUBSEQUENT VIOLATION TWENTY-FIVE THOUSAND DOLLARS OR TWICE THE AMOUNT OF GAIN DERIVED THERE- FROM WHICHEVER IS GREATER. THE ATTORNEY GENERAL IS HEREBY EMPOWERED TO COMMENCE JUDICIAL PROCEEDINGS TO RECOVER SUCH PENALTIES AND TO OBTAIN INJUNCTIVE RELIEF TO ENFORCE THE PROVISIONS OF THIS SECTION. 3. ANY PERSON OR CORPORATION WHO DIRECTLY OR INDIRECTLY CONDUCTS ANY COMBATIVE SPORT WITHOUT FIRST HAVING PROCURED AN APPROPRIATE LICENSE, OR HAVING BEEN DESIGNATED AN AUTHORIZED SANCTIONING ENTITY AS PRESCRIBED IN THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR. ANY PERSON WHO PARTIC- IPATES IN A COMBATIVE SPORT AS A REFEREE, JUDGE, MATCH-MAKER, TIMEKEEP- ER, PROFESSIONAL, MANAGER, TRAINER, OR SECOND WITHOUT FIRST HAVING PROCURED AN APPROPRIATE LICENSE AS PRESCRIBED IN THIS ARTICLE, OR WHERE SUCH COMBATIVE SPORT IS PROHIBITED UNDER THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR. ANY PERSON, PARTNERSHIP OR CORPORATION WHO PROMOTES A PROFESSIONAL WRESTLING MATCH OR EXHIBITION IN THE STATE WITHOUT FIRST HAVING PROCURED AN APPROPRIATE LICENSE IN ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF THIS ARTICLE, SHALL BE GUILTY OF A MISDEMEANOR. 4. ANY CORPORATION, ENTITY, PERSON OR PERSONS, LICENSED, PERMITTED OR OTHERWISE AUTHORIZED UNDER THE PROVISIONS OF THIS ARTICLE, THAT SHALL KNOWINGLY VIOLATE ANY RULE OR ORDER OF THE COMMISSION OR ANY PROVISION OF THIS ARTICLE, IN ADDITION TO ANY OTHER PENALTY BY LAW PRESCRIBED, SHALL BE LIABLE TO A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS FOR THE FIRST OFFENSE AND NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS FOR THE SECOND AND EACH SUBSEQUENT OFFENSE, TO BE IMPOSED BY THE COMMISSION, TO BE SUED FOR BY THE ATTORNEY-GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK IF DIRECTED BY THE COMMISSION. THE COMMISSION, FOR CAUSE SHOWN, MAY EXTEND THE TIME FOR THE PAYMENT OF SUCH PENALTY AND, BY COMPROMISE, MAY ACCEPT LESS THAN THE AMOUNT OF SUCH PENALTY AS IMPOSED IN SETTLEMENT THEREOF. FOR THE PURPOSES OF THIS SECTION, EACH TRANS- ACTION OR STATUTORY VIOLATION SHALL CONSTITUTE A SEPARATE OFFENSE, EXCEPT THAT A SECOND OR SUBSEQUENT OFFENSE SHALL NOT BE DEEMED TO EXIST UNLESS A DECISION HAS BEEN RENDERED IN A PRIOR, SEPARATE AND INDEPENDENT PROCEEDING. S. 6408 74 A. 9008 5. ON THE FIRST INFRACTION OF RULES OR REGULATIONS PROMULGATED PURSU- ANT TO SUBDIVISION TWO OF SECTION ONE THOUSAND NINE OF THIS ARTICLE, WHICH INFRACTION MAY INCLUDE MORE THAN ONE INDIVIDUAL VIOLATION, THE COMMISSION MAY IMPOSE A CIVIL FINE OF UP TO TWO HUNDRED FIFTY DOLLARS FOR EACH HEALTH AND SAFETY VIOLATION AND MAY SUSPEND THE TRAINING FACIL- ITY'S LICENSE UNTIL THE VIOLATION OR VIOLATIONS ARE CORRECTED. ON THE SECOND SUCH INFRACTION, THE COMMISSION MAY IMPOSE A CIVIL FINE OF UP TO FIVE HUNDRED DOLLARS FOR EACH HEALTH AND SAFETY VIOLATION AND MAY SUSPEND THE TRAINING FACILITY'S LICENSE UNTIL THE VIOLATION OR VIOLATIONS ARE CORRECTED. ON THE THIRD SUCH INFRACTION OR FOR SUBSEQUENT INFRACTIONS, THE COMMISSION MAY IMPOSE A CIVIL FINE OF UP TO SEVEN HUNDRED FIFTY DOLLARS FOR EACH HEALTH AND SAFETY VIOLATION AND MAY REVOKE THE TRAINING FACILITY'S LICENSE. 6. ANY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB FAILING TO FULLY COMPLY WITH PARAGRAPH (A) OF SUBDIVISION TWELVE OF SECTION ONE THOUSAND FIFTEEN OF THIS ARTICLE SHALL BE SUBJECT TO A PENALTY OF FIVE HUNDRED DOLLARS TO BE COLLECTED BY AND PAID TO THE DEPARTMENT OF STATE. ANY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB IS PROHIBITED FROM OPERAT- ING ANY SHOWS OR EXHIBITIONS UNTIL ALL PENALTIES DUE PURSUANT TO THIS SECTION AND TAXES, INTEREST AND PENALTIES DUE PURSUANT TO ARTICLE NINE- TEEN OF THE TAX LAW HAVE BEEN PAID. 7. ALL PENALTIES IMPOSED AND COLLECTED BY THE COMMISSION FROM ANY CORPORATION, ENTITY, PERSON OR PERSONS LICENSED UNDER THE PROVISIONS OF THIS ARTICLE, WHICH FINES AND PENALTIES ARE IMPOSED AND COLLECTED UNDER AUTHORITY HEREBY VESTED SHALL WITHIN THIRTY DAYS AFTER THE RECEIPT THER- EOF BY THE COMMISSION BE PAID BY THEM INTO THE STATE TREASURY. S 1020. SUBPOENAS BY COMMISSION; OATHS. THE COMMISSION SHALL HAVE AUTHORITY TO ISSUE, UNDER THE HAND OF ITS CHAIRPERSON, AND THE SEAL OF THE COMMISSION, SUBPOENAS FOR THE ATTENDANCE OF WITNESSES BEFORE THE COMMISSION. A SUBPOENA ISSUED UNDER THIS SECTION SHALL BE REGULATED BY THE CIVIL PRACTICE LAW AND RULES. S 1021. EXCEPTIONS. THE PROVISIONS OF THIS ARTICLE EXCEPT AS PROVIDED IN SUBDIVISION TWELVE OF SECTION ONE THOUSAND FIFTEEN OF THIS ARTICLE SHALL NOT BE CONSTRUED TO APPLY TO ANY SPARRING OR BOXING CONTEST OR EXHIBITION CONDUCTED UNDER THE SUPERVISION OR THE CONTROL OF THE NEW YORK STATE NATIONAL GUARD OR NAVAL MILITIA WHERE ALL OF THE CONTESTANTS ARE MEMBERS OF THE ACTIVE MILITIA; NOR TO ANY SUCH CONTEST OR EXHIBITION WHERE THE CONTESTANTS ARE ALL AMATEURS, SPONSORED BY AND UNDER THE SUPERVISION OF ANY UNIVERSITY, COLLEGE, SCHOOL OR OTHER INSTITUTION OF LEARNING, RECOGNIZED BY THE REGENTS OF THE STATE OF NEW YORK; NOR TO ANY BUSINESS ENTITY INCORPORATED FOR THE PURPOSES OF PROVIDING INSTRUCTION AND EVALUATION IN A COMBATIVE SPORT TO CUSTOMERS FOR THE PURPOSES OF HEALTH AND FITNESS, PERSONAL DEVELOPMENT, SELF-DEFENSE OR PARTICIPATION IN AMATEUR EVENTS CONDUCTED BY AN AUTHORIZED SANCTIONING ENTITY; NOR TO ANY SUCH CONTEST OR EXHIBITIONS WHERE THE CONTESTANTS ARE ALL AMATEURS SPONSORED BY AND UNDER THE SUPERVISION OF THE AMERICAN OLYMPIC ASSOCI- ATION OR, IN THE CASE OF BOXING, THE U.S. AMATEUR BOXING FEDERATION OR ITS LOCAL AFFILIATES OR THE AMERICAN OLYMPIC ASSOCIATION; NOR EXCEPT AS TO THE EXTENT PROVIDED OTHERWISE IN THIS ARTICLE, TO ANY PROFESSIONAL WRESTLING CONTEST OR EXHIBITION AS DEFINED IN THIS ARTICLE. ANY INDIVID- UAL, ASSOCIATION, CORPORATION OR CLUB, EXCEPT ELEMENTARY OR HIGH SCHOOLS OR EQUIVALENT INSTITUTIONS OF LEARNING RECOGNIZED BY THE REGENTS OF THE STATE OF NEW YORK, WHO OR WHICH CONDUCTS AN AMATEUR CONTEST PURSUANT TO THIS SECTION MUST REGISTER WITH THE U. S. AMATEUR BOXING FEDERATION OR ITS LOCAL AFFILIATES AND ABIDE BY ITS RULES AND REGULATIONS. S. 6408 75 A. 9008 S 1022. DISPOSITION OF RECEIPTS. ALL RECEIPTS OF THE COMMISSION SHALL BE PAID INTO THE STATE TREASURY, PROVIDED, HOWEVER, THAT RECEIPTS FROM THE TAX IMPOSED BY ARTICLE NINETEEN OF THE TAX LAW SHALL BE DEPOSITED AS PROVIDED BY SECTION ONE HUNDRED SEVENTY-ONE-A OF THE TAX LAW. S 3. Subdivision 1 of section 451 of the tax law, as amended by section 1 of part F of chapter 407 of the laws of 1999, is amended to read as follows: 1. "Gross receipts from ticket sales" shall mean the total gross receipts of every person from the sale of tickets to any [professional or amateur boxing, sparring or wrestling match or exhibition] AUTHORIZED COMBATIVE SPORT held in this state, and without any deduction whatsoever for commissions, brokerage, distribution fees, advertising or any other expenses, charges and recoupments in respect thereto. S 4. Section 451 of the tax law is amended by adding a new subdivision 4 to read as follows: 4. "AUTHORIZED COMBATIVE SPORT" SHALL MEAN ANY COMBATIVE SPORT AUTHOR- IZED PURSUANT TO SECTION ONE THOUSAND ONE OF THE GENERAL BUSINESS LAW. S 5. Section 452 of the tax law, as amended by section 2 of part F of chapter 407 of the laws of 1999, is amended to read as follows: S 452. Imposition of tax. 1. On and after October first, nineteen hundred ninety-nine, a tax is hereby imposed and shall be paid upon the gross receipts of every person holding any professional or amateur boxing, sparring or wrestling match or exhibition in this state. Such tax shall be imposed on such gross receipts, exclusive of any federal taxes, as follows: (a) three percent of gross receipts from ticket sales, except that in no event shall the tax imposed by this [subdivision] PARAGRAPH exceed fifty thousand dollars for any match or exhibition; (b) three percent of gross receipts from broadcasting rights, except that in no event shall the tax imposed by this [subdivision] PARAGRAPH exceed fifty thousand dollars for any match or exhibition. 2. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, A TAX IS HERE- BY IMPOSED AND SHALL BE PAID UPON THE GROSS RECEIPTS OF EVERY PERSON HOLDING ANY AUTHORIZED COMBATIVE SPORT IN THIS STATE, OTHER THAN ANY PROFESSIONAL OR AMATEUR BOXING, SPARRING OR WRESTLING EXHIBITION OR MATCH, EXCLUSIVE OF ANY FEDERAL TAXES AS FOLLOWS: (A) EIGHT AND ONE-HALF PERCENT OF GROSS RECEIPTS FROM TICKET SALES; AND (B) THREE PERCENT OF THE SUM OF (I) GROSS RECEIPTS FROM BROADCASTING RIGHTS, AND (II) GROSS RECEIPTS FROM DIGITAL STREAMING OVER THE INTER- NET, EXCEPT THAT IN NO EVENT SHALL SUCH TAX IMPOSED PURSUANT TO THIS PARAGRAPH EXCEED FIFTY THOUSAND DOLLARS FOR ANY MATCH OR EXHIBITION. S 6. The article heading of article 19 of the tax law, as added by chapter 833 of the laws of 1987, is amended to read as follows: [BOXING AND WRESTLING EXHIBITIONS] AUTHORIZED COMBATIVE SPORTS TAX S 7. Paragraph 1 of subdivision (f) of section 1105 of the tax law, as amended by section 100 of part A of chapter 389 of the laws of 1997, is amended to read as follows: (1) Any admission charge where such admission charge is in excess of ten cents to or for the use of any place of amusement in the state, except charges for admission to race tracks[, boxing, sparring or wres- tling matches or exhibitions] OR AUTHORIZED COMBATIVE SPORTS which charges are taxed under any other law of this state, or dramatic or musical arts performances, or live circus performances, or motion picture theaters, and except charges to a patron for admission to, or S. 6408 76 A. 9008 use of, facilities for sporting activities in which such patron is to be a participant, such as bowling alleys and swimming pools. For any person having the permanent use or possession of a box or seat or a lease or a license, other than a season ticket, for the use of a box or seat at a place of amusement, the tax shall be upon the amount for which a similar box or seat is sold for each performance or exhibition at which the box or seat is used or reserved by the holder, licensee or lessee, and shall be paid by the holder, licensee or lessee. S 8. The section heading of section 1820 of the tax law, as amended by section 32 of subpart I of part V-1 of chapter 57 of the laws of 2009, is amended to read as follows: [Boxing and wrestling exhibitions] AUTHORIZED COMBATIVE SPORTS tax. S 9. Paragraph (b) of subdivision 6-c of section 106 of the alcoholic beverage control law, as added by chapter 254 of the laws of 2001, is amended to read as follows: (b) The prohibition contained in paragraph (a) of this subdivision, however, shall not be applied to any [professional match or exhibition which consists of boxing, sparring, wrestling, or martial arts and which is excepted from the definition of the term "combative sport" contained in subdivision one of section five-a of chapter nine hundred twelve of the laws of nineteen hundred twenty, as added by chapter fourteen of the laws of nineteen hundred ninety-seven] AUTHORIZED COMBATIVE SPORT. S 10. The department of state, with the assistance of the state athletic commission, medical advisory board, departments of health and financial services, state insurance fund, division of budget and such other state entities as appropriate, shall carefully consider potential mechanisms to provide financial resources for the payment of expenses related to medical and rehabilitative care for professionals licensed under article forty-one of the general business law who experience debilitating brain injuries associated with repetitive head injuries sustained through their participation in combative sports. The depart- ment of state may consult and contract with third parties for services in the course of this review. The department of state shall report its findings and recommendations to the governor, temporary president of the senate and speaker of the assembly within eighteen months of the effec- tive date of this section. In addition to the foregoing, within twelve months of the effective date of this section, the state athletic commis- sion shall make any recommendations to the governor, temporary president of the senate and speaker of the assembly regarding legislative changes which may be necessary to effectuate the purpose and intent of this chapter, including, but not limited to, appropriate adjustments to the insurance requirements contained therein. S 11. This act shall take effect on the first day of the first month next succeeding the one hundred twentieth day after it shall have become a law and shall apply to gross receipts from combative sports held on or after that date; provided, however, that the addition, amendment and/or repeal of any rule or regulation of the state athletic commission neces- sary for the implementation of this act on its effective date is author- ized to be made on or before such effective date. PART P 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 S. 6408 77 A. 9008 subsidiaries for certain purposes, as amended by section 1 of part X of chapter 57 of the laws of 2014, is amended to read as follows: S 2. This act shall take effect immediately and shall expire and be deemed repealed on July 1, [2016] 2018; 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. S 2. This act shall take effect immediately. PART Q Section 1. Subdivisions 10, 11, 12 and 13 of section 351 of the public authorities law are REPEALED and subdivision 14 of such section is renumbered subdivision 10. S 2. Subdivisions 6, 8 and 10 of section 354 of the public authorities law, subdivision 6 as amended by chapter 506 of the laws of 2009, and subdivisions 8 and 10 as amended by chapter 766 of the laws of 1992, are amended to read as follows: 6. To appoint officers, agents and employees and fix their compen- sation, provided, however, that the appointment of the executive direc- tor shall be subject to confirmation by the senate in accordance with section twenty-eight hundred fifty-two of this chapter; subject however to the provisions of the civil service law, which shall apply to the authority [and to the subsidiary corporation thereof] as a municipal corporation other than a city; 8. Subject to agreements with noteholders or bondholders, to fix and collect such fees, rentals and charges for the use of the thruway [system] or any part thereof necessary or convenient, with an adequate margin of safety, to produce sufficient revenue to meet the expense of maintenance and operation and to fulfill the terms of any agreements made with the holders of its notes or bonds, and to establish the rights and privileges granted upon payment thereof[; provided, however, that tolls may only be imposed for the passage through locks and lift bridges by vessels which are propelled in whole or in part by mechanical power; and provided further that no tolls shall be imposed or collected prior to the first day of April, nineteen hundred ninety-three]. 10. To construct, reconstruct or improve on or along the thruway [system] in the manner herein provided, suitable facilities for gas stations, restaurants, and other facilities for the public, or to lease the right to construct, reconstruct or improve and operate such facili- ties; such facilities shall be publicly offered for leasing for opera- tion, or the right to construct, reconstruct or improve and operate such facilities shall be publicly offered under rules and regulations to be established by the authority, provided, however, that lessees operating such facilities at the time this act becomes effective, may reconstruct or improve them or may construct additional like facilities, in the manner and upon such terms and conditions as the board shall determine[; and provided further, however, that such facilities constructed, recon- structed or improved on or along the canal system shall be consistent with the canal recreationway plan approved pursuant to section one hundred thirty-eight-c of the canal law and section three hundred eight- y-two of this title]; S 3. Section 355 of the public authorities law, as amended by chapter 138 of the laws of 1997, is amended to read as follows: S. 6408 78 A. 9008 S 355. Officers and employees; transfer, promotion and seniority. 1. Officers and employees of state departments, agencies, [or the canal corporation] OR DIVISIONS may be transferred to the authority and offi- cers, agents and employees of the authority may be transferred to state departments, agencies, [or the canal corporation] OR DIVISIONS, without examination and without loss of any civil service status or rights. No such transfer from the authority [or canal corporation] to any state department, agency, or division may, however, be made except with the approval of the head of the state department, agency, or division involved and the director of the budget and in compliance with the rules and regulations of the state civil service commission. 2. Promotions from positions in state departments and agencies to positions in the authority [or canal corporation], and vice versa, may be made from interdepartmental promotion lists resulting from promotion examinations in which employees of the authority[, employees of the canal corporation,] and employees of the state are eligible to partic- ipate. 3. In computing seniority for purposes of promotion or for purposes of suspension or demotion upon the abolition of positions in the service of the authority or in the service of the state, in the case of an employee of the authority a period of prior employment in the service of the state shall be counted in the same manner as though such period of employment had been in the service of the authority, and in the case of an employee of the state a period of prior employment in the service of the authority shall be counted in the same manner as though such period of employment had been in the service of the state. For the purposes of the establishment and certification of preferred lists, employees suspended from the authority shall be eligible for reinstatement in the service of the state, and employees suspended from the service of the state shall be eligible for reinstatement in the service of the authori- ty, in the same manner as though the authority were a department of the state. [All provisions contained within this subdivision shall apply to the canal corporation in the same manner that they apply to the authori- ty.] S 4. Section 357 of the public authorities law, as amended by chapter 766 of the laws of 1992, is amended to read as follows: S 357. Right of authority to use state property; payment for improve- ments. On assuming jurisdiction of a thruway highway section or connection or any part thereof, or of a highway connection, [or of the New York state canal system,] the authority shall have the right to possess and use for its corporate purposes so long as its corporate existence shall continue, any real property and rights in real property theretofore acquired by the state, including all improvements thereon [and state canal lands and properties; provided that the use by the authority of canal lands and properties for highway purposes shall not interfere with the use thereof for canal purposes]. S 5. Subdivisions 2 and 3 of section 357-a of the public authorities law are REPEALED and subdivision 1, as added by section 1 of part E of chapter 58 of the laws of 2013, is amended to read as follows: 1. Enforcement assistance [shall be] provided by the division of state police at [a level consistent with historical precedents, as a matter of state interest, on all sections of the thruway. The authority shall provide goods and services to the division of state police in connection with its enforcement activity on the thruway. The division of state police and the authority shall enter into an agreement identifying those goods and services that the authority will provide to the division of S. 6408 79 A. 9008 state police and determine reporting and other requirements related thereto. Any costs borne by the state police outside of such agreement shall not be reimbursed by the authority nor shall they be deemed costs of the authority] THE REQUEST OF THE AUTHORITY SHALL BE REIMBURSED BY THE AUTHORITY TO THE DIVISION OF STATE POLICE FROM THE GENERAL RESERVE FUND ESTABLISHED BY THE AUTHORITY UNDER ITS AGREEMENT WITH BONDHOLDERS, AFTER PAYMENT OF ANY AMOUNTS DUE ON ANY BONDS OR NOTES OF THE AUTHORITY. THE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO DEPOSIT TO THE POLICING NYS THRUWAY ACCOUNT, REVENUES RECEIVED FROM THE AUTHORITY AS REIMBURSEMENT FOR PERSONAL SERVICE EXPENSES INCLUDING GENERAL STATE CHARGES. IN ADDITION, THE AUTHORITY SHALL REIMBURSE THE DIVISION OF STATE POLICE FOR NON-PERSONAL SERVICE EXPENSES CONNECTED WITH SUCH ASSISTANCE. SUCH REIMBURSEMENT SHALL BE MADE FROM SUCH GENERAL RESERVE FUND. THE AUTHORITY SHALL DEPOSIT SAID REIMBURSEMENT FUNDS FOR NON-PER- SONAL SERVICE EXPENSES TO THE CREDIT OF THE DIVISION OF STATE POLICE. NO PAYMENTS MADE BY THE AUTHORITY UNDER THIS SUBSECTION SHALL BE DEEMED OPERATING EXPENSES OF THE AUTHORITY. S 6. Subdivision 1 of section 359 of the public authorities law, as amended by chapter 766 of the laws of 1992, is amended to read as follows: 1. On assuming jurisdiction of a thruway section or connection or any part thereof, or of a highway connection, [or of the New York state canal system,] the authority shall proceed with the construction, recon- struction or improvement thereof. All such work shall be done pursuant to a contract or contracts which shall be let to the lowest responsible bidder, by sealed proposals publicly opened, after public advertisement and upon such terms and conditions as the authority shall require; provided, however, that the authority may reject any and all proposals and may advertise for new proposals, as herein provided, if in its opin- ion, the best interests of the authority will thereby be promoted; provided further, however, that at the request of the authority, all or any portion of such work, together with any engineering required by the authority in connection therewith, shall be performed by the commission- er and his subordinates in the department of transportation as agents for, and at the expense of, the authority. S 7. Section 359-a of the public authorities law, as added by chapter 140 of the laws of 2002, is amended to read as follows: S 359-a. Procurement contracts. For the purposes of section twenty- eight hundred seventy-nine of this chapter as applied to the authority [or the canal corporation], the term "procurement contract" shall mean any written agreement for the acquisition of goods or services of any kind by the authority [or the canal corporation] in the actual or esti- mated amount of fifteen thousand dollars or more. S 8. Section 360 of the public authorities law, as amended by chapter 766 of the laws of 1992, is amended to read as follows: S 360. Operation and maintenance. Operation and maintenance by the authority of any thruway section or connection or any part thereof or of a highway connection[, the New York state canal system] of which it has assumed jurisdiction shall be performed (a) by the use of authority forces and equipment at the expense of the authority or by agreement at the expense of the state or other parties; (b) by contract with munici- palities or independent contractors; (c) at the request of the authori- ty, by the commissioner and his subordinates in the department of trans- portation as agents for, and at the expense of the authority, or (d) by a combination of such methods. S. 6408 80 A. 9008 S 9. Section 362 of the public authorities law, as amended by chapter 766 of the laws of 1992, is amended to read as follows: S 362. Assistance by state officers, departments, boards, divisions and commissions. At the request of the authority, engineering and legal services for such authority shall be performed by forces or officers of the department of transportation and the department of law respectively, and all other state officers, departments, boards, divisions and commis- sions shall render services within their respective functions. At the request of the authority, services in connection with the collection of any charges or fees for the use of the thruway[, the New York state canal system] or any part thereof may be performed by the department of motor vehicles. S 10. Paragraph (a) of subdivision 1, and paragraph (i) of subdivision 3 of section 365 of the public authorities law, as amended by chapter 766 of the laws of 1992, are amended to read as follows: (a) Subject to the provisions of section three hundred sixty-six of this title, the authority shall have the power and is hereby authorized from time to time to issue its negotiable notes and bonds in conformity with applicable provisions of the uniform commercial code in such prin- cipal amount as, in the opinion of the authority, shall be necessary to provide sufficient moneys for achieving the corporate purposes thereof, including construction, reconstruction and improvement of the thruway sections and connections, and highway connections herein described, [the New York state canal system subject to the provisions of section three hundred eighty-three of this title,] together with suitable facilities and appurtenances, the payment of all indebtedness to the state, the cost of acquisition of all real property, the expense of maintenance and operation, interest on notes and bonds during construction and for a reasonable period thereafter, establishment of reserves to secure notes or bonds, and all other expenditures of the authority incident to and necessary or convenient to carry out its corporate purposes and powers. (i) the acquisition of jurisdiction over, and of property for, thru- ways, [the New York state canal system,] and the construction, recon- struction, improvement, maintenance or operation thereof; S 11. Section 382 of the public authorities law is REPEALED. S 12. Section 383 of the public authorities law is REPEALED. S 13. Section 388 of the public authorities law, as added by chapter 500 of the laws of 2011, is amended to read as follows: S 388. Limitation on powers of the authority. A department, authority, division or agency of the state shall not offer or permit any officer or employee of such department, authority, division or agency to use a pass to access and/or use the thruway [system] without the officer's or employee's personal payment of tolls except when the use of such a pass and/or use of the thruway [system] without personal payment of tolls occurs in the normal course of the employment or duties of such officer or employee. This section shall not diminish the rights of any employee pursuant to a collective bargaining agreement. S 14. Subdivisions 18 and 21 of section 2 of the canal law, subdivi- sion 18 as amended and subdivision 21 as renumbered by chapter 335 of the laws of 2001, subdivision 21 as added by chapter 442 of the laws of 1996, are amended and a new subdivision 24 is added to read as follows: 18. "Authority" shall mean the [New York state thruway authority, a body corporate and politic constituting a public corporation created and constituted pursuant to title nine of article two] POWER AUTHORITY OF THE STATE OF NEW YORK, A BODY CORPORATE AND POLITIC CONSTITUTING A POLI- S. 6408 81 A. 9008 TICAL SUBDIVISION OF THE STATE CREATED AND CONSTITUTED PURSUANT TO TITLE ONE OF ARTICLE FIVE of the public authorities law. 21. "Corporation" AND "CANAL CORPORATION" shall mean the New York state canal corporation, [a subsidiary of the New York state thruway authority,] A PUBLIC BENEFIT CORPORATION created pursuant to [section three hundred eighty-two of the public authorities law] CHAPTER SEVEN HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO AND CONTIN- UED AND RECONSTITUTED AS A SUBSIDIARY CORPORATION OF THE POWER AUTHORITY OF THE STATE OF NEW YORK PURSUANT TO SUBDIVISION ONE OF SECTION ONE THOUSAND FIVE-B OF THE PUBLIC AUTHORITIES LAW. 24. "THRUWAY AUTHORITY" SHALL MEAN THE NEW YORK STATE THRUWAY AUTHORI- TY, A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC CORPORATION CREATED AND CONSTITUTED PURSUANT TO TITLE NINE OF ARTICLE TWO OF THE PUBLIC AUTHORITIES LAW. S 15. The article heading of article 1-A of the canal law, as added by chapter 766 of the laws of 1992, is amended to read as follows: TRANSFER TO [NEW YORK STATE THRUWAY AUTHORITY] POWER AUTHORITY OF THE STATE OF NEW YORK S 16. Section 5 of the canal law, as amended by amended chapter 335 of the laws of 2001, is amended to read as follows: S 5. Transfer of powers and duties relating to canals and canal lands to the [New York state thruway authority] POWER AUTHORITY OF THE STATE OF NEW YORK. The powers and duties of the [commissioner of transporta- tion] THRUWAY AUTHORITY relating to the New York state canal system as set forth in articles one through and including fourteen, except article seven, of this chapter, and except properties in use on the effective date of this article in support of highway maintenance, equipment management and traffic signal operations of the department of transpor- tation, HERETOFORE TRANSFERRED BY THE COMMISSIONER OF TRANSPORTATION TO THE THRUWAY AUTHORITY, are hereby transferred to and merged with the authority, to be exercised by the authority DIRECTLY OR THROUGH THE CANAL CORPORATION on behalf of the people of the state of New York. In addition, the commissioner of transportation and the [chairman] CHAIR of the authority OR HIS OR HER DESIGNEE may, in their discretion, enter into an agreement or agreements transferring the powers and duties of the commissioner of transportation relating to any or all of the bridges and highways as set forth in article seven of this chapter, to be exer- cised by the authority DIRECTLY OR THROUGH THE CANAL CORPORATION on behalf of the people of the state of New York, and, AS DETERMINED TO BE FEASIBLE AND ADVISABLE BY THE AUTHORITY'S TRUSTEES, shall enter into an agreement or agreements DIRECTLY OR THROUGH THE CANAL CORPORATION for the financing, construction, reconstruction or improvement of lift and movable bridges on the canal system. Such powers shall be in addition to other powers enumerated in title [nine] ONE of article [two] FIVE of the public authorities law. All of the provisions of title [nine] ONE of article [two] FIVE of such law which are not inconsistent with this chapter shall apply to the actions and duties of the authority pursuant to this chapter. The authority shall be deemed to be the state in exer- cising the powers and duties transferred pursuant to this section but for no other purposes. S 17. Subdivisions 1, 2, 3, 4 and 5 of section 6 of the canal law, subdivisions 2 and 5 as added by chapter 766 of the laws of 1992, and subdivisions 1, 3 and 4 as amended by chapter 335 of the laws of 2001, are amended to read as follows: 1. The jurisdiction of the [commissioner of transportation] THRUWAY AUTHORITY over the New York state canal system and over all state S. 6408 82 A. 9008 assets, equipment and property, both tangible and intangible, owned or used in connection with the planning, development, construction, recon- struction, maintenance and operation of the New York state canal system, as set forth in articles one through and including fourteen, except article seven, of this chapter, and except properties in use on the effective date of this article in support of highway maintenance, equip- ment management and traffic signal operations of the department of transportation, HERETOFORE TRANSFERRED BY THE COMMISSIONER OF TRANSPOR- TATION TO THE THRUWAY AUTHORITY, are hereby transferred without consid- eration to the authority, to be held by the authority in the name of the people of the state of New York. In addition the commissioner of trans- portation and the [chairman] CHAIR of the authority OR HIS OR HER DESIG- NEE may, in their discretion, enter into an agreement or agreements transferring jurisdiction over any or all of the bridges and highways set forth in article seven of this chapter, and any or all state assets, equipment and property, both tangible and intangible, owned or used in connection with the planning, development, construction, reconstruction, maintenance and operation of such bridges and highways, which shall be transferred without consideration to the authority, to be held by the authority through the corporation in the name of the people of the state of New York. Any other rights and obligations resulting from or arising out of the planning, development, construction, reconstruction, opera- tion or maintenance of the New York state canal system shall be deemed assigned to and shall be exercised by the authority through the corpo- ration, except that the authority may designate the [commissioner of transportation] CHAIR OF THE THRUWAY AUTHORITY to be its agent for the operation and maintenance of the New York state canal system, provided that such designation shall have no force or effect after [March thir- ty-first, nineteen hundred ninety-three] JANUARY FIRST, TWO THOUSAND SEVENTEEN. Such canal system shall remain the property of the state and under its management and control as exercised by and through the author- ity, through the corporation which shall be deemed to be the state for the purposes of such management and control of the canals but for no other purposes. 2. The department of transportation AND THRUWAY AUTHORITY shall deliv- er to the authority all books, policies, procedures, papers, plans, maps, records, equipment and property of such department pertaining to the functions transferred pursuant to this article. 3. All rules, regulations, acts, determinations, orders and decisions of the commissioner of transportation [and of the], department of trans- portation, OR THRUWAY AUTHORITY pertaining to the functions transferred pursuant to this article in force at the time of such transfer shall continue in force and effect as rules, regulations, acts, determi- nations, orders and decisions of the authority and corporation until duly modified or abrogated by such authority [and] OR corporation. 4. Any business or other matters undertaken or commenced by the [commissioner of transportation or the department of transportation] THRUWAY AUTHORITY, including executed contracts, permits and other agreements, BUT EXCLUDING BONDS, NOTES OR OTHER EVIDENCES OF INDEBT- EDNESS, pertaining to or connected with the [functions,] powers, [obli- gations and] duties AND OBLIGATIONS transferred pursuant to this arti- cle, and in effect on the effective date [hereof] OF THE TRANSFER OF SUCH MATTERS FROM THE THRUWAY AUTHORITY TO THE AUTHORITY PROVIDED FOR IN THIS ARTICLE, shall, EXCEPT AS OTHERWISE AGREED BY THE AUTHORITY AND THE THRUWAY AUTHORITY, be conducted and completed by the authority through the corporation in the same manner and under the same terms and condi- S. 6408 83 A. 9008 tions and with the same effect as if conducted and completed by the [commissioner of transportation or the department of transportation] THRUWAY AUTHORITY, PROVIDED THAT NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO REQUIRE THE AUTHORITY TO TAKE ANY ACTION IN A MANNER THAT WOULD IN ITS JUDGMENT BE INCONSISTENT WITH THE PROVISIONS OF ANY BOND OR NOTE RESOLUTION OR ANY OTHER CONTRACT WITH THE HOLDERS OF THE AUTHORI- TY'S BONDS, NOTES OR OTHER OBLIGATIONS. 5. No existing rights or remedies of the state, [including the] authority, THRUWAY AUTHORITY, OR CANAL CORPORATION shall be lost, impaired or affected by reason of this article. S 18. Subdivision 6 of section 6 of the canal law, as added by chapter 766 of the laws of 1992, paragraph (b) as amended by chapter 335 of the laws of 2001, is amended and a new subdivision 7 is added to read as follows: 6. (a) No action or proceeding pending on the effective date of [this article,] THE TRANSFER OF POWERS, DUTIES AND OBLIGATIONS FROM THE THRU- WAY AUTHORITY TO THE AUTHORITY brought by or against THE THRUWAY AUTHOR- ITY, the commissioner of transportation [or], THE CORPORATION, the department of transportation OR THE AUTHORITY shall be affected by this article. Any liability arising out of any act or omission occurring prior to the effective date of the transfer of THE powers [and], duties [authorized herein] AND OBLIGATIONS FROM THE THRUWAY AUTHORITY TO THE AUTHORITY, of the officers, employees or agents of THE THRUWAY AUTHORI- TY, the department of transportation, or any other agency of the state, other than the authority, in the performance of their obligations or duties under the canal law, any other law of the state or any federal law, or pursuant to a contract entered into prior to the effective date of such transfer, shall remain a liability of THE THRUWAY AUTHORITY, the department of transportation or such other agency of the state and not of the authority. (b) Notwithstanding any provision to the contrary contained in para- graph (a) of this subdivision, the state shall indemnify and hold harm- less the THRUWAY authority [and], THE corporation AND THE AUTHORITY for any and all claims, damages, or liabilities, whether or not caused by negligence, including civil and criminal fines, arising out of or relat- ing to any generation, processing, handling, transportation, storage, treatment, or disposal of solid or hazardous wastes in the canal system by any person or entity other than the THRUWAY AUTHORITY OR THE authori- ty occurring prior to [the effective date of the transfer of powers and duties authorized herein] AUGUST THIRD, NINETEEN HUNDRED NINETY-TWO. Such indemnification shall extend to, without limitation, any releases into land, water or air, including but not limited to releases as defined under the federal comprehensive environmental response compen- sation and liability act of nineteen hundred eighty, occurring or exist- ing prior to [the effective date of this section] AUGUST THIRD, NINETEEN HUNDRED NINETY-TWO; provided that the THRUWAY AUTHORITY, THE CORPORATION AND THE authority shall cooperate in the investigation and remediation of hazardous waste and other environmental problems. (C) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN PARA- GRAPH (A) OF THIS SUBDIVISION, THE THRUWAY AUTHORITY SHALL INDEMNIFY AND HOLD HARMLESS THE CORPORATION AND THE AUTHORITY FOR ANY AND ALL CLAIMS, DAMAGES, OR LIABILITIES, WHETHER OR NOT CAUSED BY NEGLIGENCE, INCLUDING CIVIL AND CRIMINAL FINES, ARISING OUT OF OR RELATING TO ANY GENERATION, PROCESSING, HANDLING, TRANSPORTATION, STORAGE, TREATMENT, OR DISPOSAL OF SOLID OR HAZARDOUS WASTES IN THE CANAL SYSTEM BY ANY PERSON OR ENTITY OTHER THAN THE AUTHORITY OCCURRING AFTER AUGUST THIRD, NINETEEN HUNDRED S. 6408 84 A. 9008 NINETY-TWO AND NO LATER THAN THE EFFECTIVE DATE OF THE TRANSFER OF POWERS, DUTIES AND OBLIGATIONS FROM THE THRUWAY AUTHORITY TO THE AUTHOR- ITY. SUCH INDEMNIFICATION SHALL EXTEND TO, WITHOUT LIMITATION, ANY RELEASES INTO LAND, WATER OR AIR, INCLUDING BUT NOT LIMITED TO RELEASES AS DEFINED UNDER THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT OF NINETEEN HUNDRED EIGHTY, OCCURRING OR EXISTING PRIOR TO THE EFFECTIVE DATE OF THE TRANSFER OF POWERS, DUTIES AND OBLIGATIONS FROM THE THRUWAY AUTHORITY TO THE AUTHORITY; PROVIDED THAT THE CORPORATION AND THE AUTHORITY SHALL COOPERATE IN THE INVESTI- GATION AND REMEDIATION OF HAZARDOUS WASTE AND OTHER ENVIRONMENTAL PROB- LEMS. (D) EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER, THE THRUWAY AUTHORI- TY SHALL RETAIN ALL LIABILITIES, WHETHER OR NOT CAUSED BY NEGLIGENCE, ARISING OUT OF ANY ACTS OR OMISSIONS OCCURRING ON OR AFTER AUGUST THIRD, NINETEEN HUNDRED NINETY-TWO, IN CONNECTION WITH ITS POWERS, DUTIES AND OBLIGATIONS WITH RESPECT TO THE CORPORATION. THE AUTHORITY AND THE STATE SHALL NOT BE HELD LIABLE IN CONNECTION WITH ANY LIABILITIES ARISING OUT OF SUCH ACTS OR OMISSIONS. 7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IN CONNECTION WITH THE TRANSFER OF JURISDICTION OF THE CORPORATION TO THE AUTHORITY AND THE ASSUMPTION OF MANAGEMENT OF THE CORPORATION AS A SUBSIDIARY CORPORATION OF THE AUTHORITY PURSUANT TO THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN WHICH ADDED THIS SUBDIVISION, THE THRUWAY AUTHORITY SHALL HAVE THE POWER TO FULFILL ANY EXISTING AGREEMENTS OR OBLIGATIONS, MAKE ANY AGREEMENTS, RECEIVE, RETAIN OR PAY ANY FUNDS, DEEMED NECESSARY AND IN THE PUBLIC INTEREST TO EFFECTUATE THE PROVISIONS AND INTENT OF THIS CHAPTER, INCLUDING BUT NOT LIMITED TO, THE ENTERING INTO ANY AGREE- MENTS WITH THE CORPORATION, THE AUTHORITY AND ANY OTHER FEDERAL, STATE, MUNICIPAL OR OTHER ENTITIES, AND TO RECEIVE FUNDS FROM THE FEDERAL EMER- GENCY MANAGEMENT AGENCY OR THE STATE, TO FULFILL THE THRUWAY AUTHORITY'S EXISTING FINANCIAL OR OTHER OBLIGATIONS ARISING FROM ITS JURISDICTION OVER THE CANAL SYSTEM AND THE CORPORATION. S 19. Subdivisions 2 and 5 of section 92-u of the state finance law, subdivision 2 as added by chapter 766 of the laws of 1992, and subdivi- sion 5 as amended by chapter 483 of the laws of 1996, are amended to read as follows: 2. Such fund shall consist of all revenues received from the operation of the New York state canal system as defined in section three hundred fifty-one of the public authorities law and section two of the canal law, including payments on leases for use of canal lands, terminals and terminal lands, tolls received for lock and lift bridge passage, payments for hydroelectric easements and sales, for purchase of other abandoned canal lands, payments for any permits and leases for use of the water and lands of the system and payments for use of dry docks and other moneys made available to the fund from any other source other than a grant, loan or other inter-corporate transfer of funds of the [New York state thruway authority] POWER AUTHORITY OF THE STATE OF NEW YORK, and any income earned by, or incremental to, the fund due to investment thereof, or any repayment of any moneys advanced by the fund. 5. Moneys of the fund, following appropriation by the legislature, shall be available to the [New York state thruway authority] POWER AUTHORITY OF THE STATE OF NEW YORK and shall be expended by such author- ity or [subsidiary corporation thereof] THE CANAL CORPORATION only for the maintenance, construction, reconstruction, development or promotion of the canal system[; provided, however, that in the initial years, expenditures of moneys of the fund for the development and/or promotion S. 6408 85 A. 9008 of the canal system shall be accorded a priority by the authority or subsidiary corporation thereof]. In addition, moneys of the fund may be used for the purposes of interpretive signage and promotion for appro- priate historically significant Erie canal lands and related sites. Moneys shall be paid out of the fund by the state comptroller on certif- icates issued by the director of the budget. S 20. Notwithstanding any other provision of law, the power authority of the state of New York ("power authority"), New York state thruway authority and New York state canal corporation ("canal corporation"), and any other state or municipal agency, department, office, board, division, commission, public authority or public benefit corporation may enter into such agreements and understandings relating to the transition of the canal corporation to its status as a subsidiary of the power authority and for the administration, maintenance and operation of the canal corporation and the canal system as they may deem necessary or desirable. S 21. Section 1005 of the public authorities law is amended by adding a new subdivision 25 to read as follows: 25. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO ACCEPT GIFTS, GRANTS, LOANS, OR CONTRIBUTIONS OF FUNDS OR PROPERTY IN ANY FORM FROM THE FEDERAL GOVERNMENT OR ANY AGENCY OR INSTRUMENTALLY THEREOF OR FROM THE STATE OR ANY OTHER SOURCE (COLLECTIVELY, "RESOURCES"), AND ENTER INTO CONTRACTS OR OTHER TRANSACTIONS REGARDING SUCH RESOURCES, AND TO USE SUCH RESOURCES FOR ANY OF ITS CORPORATE PURPOSES. S 22. The public authorities law is amended by adding a new section 1005-b to read as follows: S 1005-B. NEW YORK STATE CANAL CORPORATION. 1. THE PUBLIC BENEFIT CORPORATION KNOWN AS THE "NEW YORK STATE CANAL CORPORATION" (HEREINAFTER REFERRED TO AS THE "CANAL CORPORATION") CREATED AS A SUBSIDIARY CORPO- RATION OF THE NEW YORK STATE THRUWAY AUTHORITY PURSUANT TO CHAPTER SEVEN HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO IS HEREBY CONTINUED AND RECONSTITUTED AS A SUBSIDIARY CORPORATION OF THE AUTHORITY AND SHALL HAVE ONLY THE POWER TO OPERATE, MAINTAIN, CONSTRUCT, RECON- STRUCT, IMPROVE, DEVELOP, FINANCE, AND PROMOTE ALL OF THE CANALS, CANAL LANDS, FEEDER CANALS, RESERVOIRS, CANAL TERMINALS, CANAL TERMINAL LANDS AND OTHER PROPERTY UNDER THE JURISDICTION OF THE CANAL CORPORATION PURSUANT TO ARTICLE ONE-A OF THE CANAL LAW (HEREINAFTER REFERRED TO AS THE "CANAL SYSTEM"). REFERENCE IN ANY PROVISION OF LAW, GENERAL, SPECIAL OR LOCAL, OR IN ANY RULE, REGULATION OR PUBLIC DOCUMENT TO THE CANAL CORPORATION OR THE CANAL CORPORATION AS A SUBSIDIARY OF THE NEW YORK STATE THRUWAY AUTHORITY SHALL BE DEEMED TO BE AND CONSTRUED AS A REFER- ENCE TO THE CANAL CORPORATION CONTINUED BY THIS SECTION. 2. THE MANAGEMENT AND ADMINISTRATION OF THE CANAL CORPORATION SHALL BE AN ADDITIONAL CORPORATE PURPOSE OF THE AUTHORITY. TO THE EXTENT THAT THE TRUSTEES DEEM IT FEASIBLE AND ADVISABLE, THE AUTHORITY MAY TRANSFER TO THE CANAL CORPORATION ANY MONEYS, REAL, PERSONAL, OR MIXED PROPERTY OR ANY PERSONNEL IN ORDER TO CARRY OUT THE PURPOSES OF THIS SECTION, PROVIDED THAT NOTHING IN THIS SECTION SHALL BE DEEMED TO REQUIRE THE AUTHORITY TO APPLY ANY MONEYS, REVENUES OR PROPERTY OR TO TAKE ANY ACTION IN A MANNER THAT WOULD BE INCONSISTENT WITH THE PROVISIONS OF ANY BOND OR NOTE RESOLUTION OR ANY OTHER CONTRACT WITH THE HOLDERS OF THE AUTHORITY'S BONDS, NOTES OR OTHER OBLIGATIONS. 3. THE CANAL CORPORATION AND ANY OF ITS PROPERTY, FUNCTIONS, AND ACTIVITIES SHALL HAVE ALL OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS AND OTHER EXEMPTIONS OF THE AUTHORITY AND OF THE AUTHORITY'S PROPERTY, FUNCTIONS, AND ACTIVITIES. THE CANAL CORPORATION SHALL BE SUBJECT TO THE S. 6408 86 A. 9008 RESTRICTIONS AND LIMITATIONS TO WHICH THE AUTHORITY MAY BE SUBJECT. THE CANAL CORPORATION MAY DELEGATE TO ONE OR MORE OF ITS MEMBERS, OR ITS OFFICERS, AGENTS AND EMPLOYEES, SUCH DUTIES AND POWERS AS IT MAY DEEM PROPER. 4. EXCLUSIVE JURISDICTION IS CONFERRED UPON THE COURT OF CLAIMS TO HEAR AND DETERMINE THE CLAIMS OF ANY PERSON AGAINST THE CANAL CORPO- RATION (A) FOR ITS TORTIOUS ACTS AND THOSE OF ITS AGENTS, AND (B) FOR BREACH OF A CONTRACT, RELATING TO CONSTRUCTION, RECONSTRUCTION, IMPROVE- MENT, MAINTENANCE OR OPERATION, IN THE SAME MANNER AND TO THE EXTENT PROVIDED BY AND SUBJECT TO THE PROVISIONS OF THE COURT OF CLAIMS ACT WITH RESPECT TO CLAIMS AGAINST THE STATE, AND TO MAKE AWARDS AND RENDER JUDGMENTS THEREFOR. ALL AWARDS AND JUDGMENTS ARISING FROM SUCH CLAIMS SHALL BE PAID OUT OF MONEYS OF THE CANAL CORPORATION. 5. THE MEMBERS OF THE CANAL CORPORATION SHALL BE THE SAME PERSONS HOLDING THE OFFICES OF TRUSTEES OF THE AUTHORITY. 6. NO OFFICER OR MEMBER OF THE CANAL CORPORATION SHALL RECEIVE ANY ADDITIONAL COMPENSATION, EITHER DIRECT OR INDIRECT, OTHER THAN REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORM- ANCE OF HIS OR HER DUTIES, BY REASON OF HIS OR HER SERVING AS A MEMBER, DIRECTOR, OR TRUSTEE OF THE CANAL CORPORATION. 7. THE EMPLOYEES OF THE CANAL CORPORATION SHALL NOT BE DEEMED TO BE EMPLOYEES OF THE AUTHORITY BY REASON OF THEIR EMPLOYMENT BY THE CANAL CORPORATION. ALL OFFICERS AND EMPLOYEES OF THE CANAL CORPORATION SHALL BE SUBJECT TO THE PROVISIONS OF THE CIVIL SERVICE LAW WHICH SHALL APPLY TO THE CANAL CORPORATION AS A MUNICIPAL CORPORATION OTHER THAN A CITY. THE CANAL CORPORATION SHALL PARTICIPATE IN THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM. NOTHING CONTAINED IN A CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN THAT ADDED THIS SECTION SHALL BE CONSTRUED TO AFFECT THE RIGHTS OF THE CANAL CORPORATION OR ANY OF ITS EMPLOYEES UNDER ANY COLLECTIVE BARGAINING AGREEMENT IN EFFECT AS OF THE EFFECTIVE DATE OF TRANSFER OF THE CANAL CORPORATION FROM THE THRUWAY AUTHORITY TO THE AUTHORITY. 8. THE FISCAL YEAR OF THE CANAL CORPORATION SHALL BE THE SAME AS THE FISCAL YEAR FOR THE AUTHORITY. 9. THE CANAL CORPORATION SHALL HAVE THE POWER TO: (A) OPERATE, MAINTAIN, CONSTRUCT, RECONSTRUCT, IMPROVE, DEVELOP, FINANCE, AND PROMOTE THE CANAL SYSTEM; (B) SUE AND BE SUED; (C) HAVE A SEAL AND ALTER THE SAME AT PLEASURE; (D) MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL MANAGE- MENT AND MAKE RULES AND REGULATIONS GOVERNING THE USE OF ITS PROPERTY AND FACILITIES; (E) APPOINT OFFICERS AND EMPLOYEES AND FIX THEIR COMPENSATION; (F) MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY OR CONVENIENT FOR THE EXERCISE OF ITS POWERS AND FUNCTIONS UNDER THIS CHAP- TER; (G) ACQUIRE, HOLD, AND DISPOSE OF REAL OR PERSONAL PROPERTY FOR ITS CORPORATE PURPOSES; (H) ENGAGE THE SERVICES OF PRIVATE CONSULTANTS ON A CONTRACT BASIS FOR RENDERING PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE; (I) PROCURE INSURANCE AGAINST ANY LOSS IN CONNECTION WITH ITS ACTIV- ITIES, PROPERTIES, AND OTHER ASSETS, IN SUCH AMOUNT AND FROM SUCH INSUR- ERS AS IT DEEMS DESIRABLE; (J) INVEST ANY FUNDS OF THE CANAL CORPORATION, OR ANY OTHER MONIES UNDER ITS CUSTODY AND CONTROL NOT REQUIRED FOR IMMEDIATE USE OR DISBURSEMENT, AT THE DISCRETION OF THE CANAL CORPORATION, IN OBLIGATIONS S. 6408 87 A. 9008 OF THE STATE OR THE UNITED STATES GOVERNMENT OR OBLIGATIONS THE PRINCI- PAL AND INTEREST OF WHICH ARE GUARANTEED BY THE STATE OR THE UNITED STATES GOVERNMENT, OR IN ANY OTHER OBLIGATIONS IN WHICH THE COMPTROLLER OF THE STATE IS AUTHORIZED TO INVEST PURSUANT TO SECTION NINETY-EIGHT-A OF THE STATE FINANCE LAW; (K) EXERCISE THOSE POWERS AND DUTIES OF THE AUTHORITY DELEGATED TO IT BY THE AUTHORITY; (L) PREPARE AND SUBMIT A CAPITAL PROGRAM PLAN PURSUANT TO SECTION TEN OF THE CANAL LAW; (M) APPROVE AND IMPLEMENT THE NEW YORK STATE CANAL RECREATIONWAY PLAN SUBMITTED PURSUANT TO SECTION ONE HUNDRED THIRTY-EIGHT-C OF THE CANAL LAW. THE CANAL CORPORATION'S REVIEW AND APPROVAL OF THE CANAL RECREA- TIONWAY PLAN SHALL BE BASED UPON ITS CONSIDERATION OF A GENERIC ENVIRON- MENTAL IMPACT STATEMENT PREPARED BY THE CANAL CORPORATION IN ACCORDANCE WITH ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND THE REGU- LATIONS THEREUNDER. PRIOR TO THE IMPLEMENTATION OF ANY SUBSTANTIAL IMPROVEMENT BY THE CANAL CORPORATION ON CANAL LANDS, CANAL TERMINALS, OR CANAL TERMINAL LANDS, OR THE LEASE OF CANAL LANDS, CANAL TERMINALS, OR CANAL TERMINAL LANDS FOR SUBSTANTIAL COMMERCIAL IMPROVEMENT, THE CANAL CORPORATION, IN ADDITION TO ANY REVIEW TAKEN PURSUANT TO SECTION 14.09 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW, SHALL CONDUCT A RECONNAISSANCE LEVEL SURVEY WITHIN THREE THOUSAND FEET OF SUCH LANDS TO BE IMPROVED OF THE TYPE, LOCATION, AND SIGNIFICANCE OF HISTORIC BUILD- INGS, SITES, AND DISTRICTS LISTED ON, OR WHICH MAY BE ELIGIBLE, FOR THE STATE OR NATIONAL REGISTERS OF HISTORIC PLACES. THE FINDINGS OF SUCH SURVEY SHALL BE USED TO IDENTIFY SIGNIFICANT HISTORICAL RESOURCES AND TO DETERMINE WHETHER THE PROPOSED IMPROVEMENTS ARE COMPATIBLE WITH SUCH HISTORIC BUILDINGS, SITES, AND DISTRICTS; (N) ENTER ON ANY LANDS, WATERS, OR PREMISES FOR THE PURPOSE OF MAKING BORINGS, SOUNDINGS, AND SURVEYS; (O) ACCEPT ANY GIFTS OR ANY GRANT OF FUNDS OR PROPERTY FROM THE FEDER- AL GOVERNMENT OR FROM THE STATE OR ANY OTHER FEDERAL OR STATE PUBLIC BODY OR POLITICAL SUBDIVISION OR ANY OTHER PERSON AND TO COMPLY WITH THE TERMS AND CONDITIONS THEREOF; AND (P) WAIVE ANY FEE FOR A WORK PERMIT WHICH IT HAS THE POWER TO ISSUE IF IN ITS DISCRETION THE PROJECT WHICH IS SUBJECT TO A WORK PERMIT WOULD ADD VALUE TO CANAL LANDS WITHOUT ANY COST TO THE CANAL CORPORATION, THE AUTHORITY, OR THE STATE. 10. (A) THE CANAL CORPORATION SHALL REVIEW THE BUDGET REQUEST SUBMIT- TED BY THE CANAL RECREATIONWAY COMMISSION PURSUANT TO SECTION ONE HUNDRED THIRTY-EIGHT-B OF THE CANAL LAW. (B) THE CANAL CORPORATION, ON OR BEFORE THE FIFTEENTH DAY OF SEPTEMBER OF EACH YEAR, SHALL SUBMIT TO THE DIRECTOR OF THE BUDGET A REQUEST FOR THE EXPENDITURE OF FUNDS AVAILABLE FROM THE NEW YORK STATE CANAL SYSTEM DEVELOPMENT FUND PURSUANT TO SECTION NINETY-TWO-U OF THE STATE FINANCE LAW OR AVAILABLE FROM ANY OTHER NON-FEDERAL SOURCES APPROPRIATED FROM THE STATE TREASURY. (C) IN THE EVENT THAT THE REQUEST SUBMITTED BY THE CANAL CORPORATION TO THE DIRECTOR OF THE BUDGET DIFFERS FROM THE REQUEST SUBMITTED BY THE COMMISSION TO THE CANAL CORPORATION, THEN THE REQUEST SUBMITTED BY THE CANAL CORPORATION TO THE DIRECTOR OF THE BUDGET SHALL SPECIFY THE DIFFERENCES AND SHALL SET FORTH THE REASONS FOR SUCH DIFFERENCES. 11. THE CANAL CORPORATION SHALL NOT HAVE THE POWER TO ISSUE BONDS, NOTES, OR OTHER EVIDENCES OF INDEBTEDNESS; PROVIDED THAT NOTWITHSTANDING THE FOREGOING, THE CANAL CORPORATION MAY AGREE TO REPAY AMOUNTS ADVANCED S. 6408 88 A. 9008 TO THE CANAL CORPORATION BY THE AUTHORITY AND TO EVIDENCE SUCH AGREEMENT BY DELIVERY OF A PROMISSORY NOTE OR NOTES TO THE AUTHORITY. 12. THE CANAL CORPORATION MAY DO ANY AND ALL THINGS NECESSARY OR CONVENIENT TO CARRY OUT AND EXERCISE THE POWERS GIVEN AND GRANTED BY THIS SECTION. 13. THE AUTHORITY AND ALL OTHER STATE OFFICERS, DEPARTMENTS, BOARDS, DIVISIONS, COMMISSIONS, PUBLIC AUTHORITIES, AND PUBLIC BENEFIT CORPO- RATIONS MAY RENDER SUCH SERVICES TO THE CANAL CORPORATION WITHIN THEIR RESPECTIVE FUNCTIONS AS MAY BE REQUESTED BY THE CANAL CORPORATION. 14. WHENEVER ANY STATE POLITICAL SUBDIVISION, MUNICIPALITY, COMMIS- SION, AGENCY, OFFICER, DEPARTMENT, BOARD, DIVISION, OR PERSON IS AUTHOR- IZED AND EMPOWERED FOR ANY OF THE PURPOSES OF THIS TITLE TO COOPERATE AND ENTER INTO AGREEMENTS WITH THE AUTHORITY, SUCH STATE POLITICAL SUBDIVISION, MUNICIPALITY, COMMISSION, AGENCY, OFFICER, DEPARTMENT, BOARD, DIVISION, OR PERSON SHALL HAVE THE SAME AUTHORIZATION AND POWER FOR ANY SUCH PURPOSES TO COOPERATE AND ENTER INTO AGREEMENTS WITH THE CANAL CORPORATION. S 23. The public authorities law is amended by adding a new section 1005-c to read as follows: S 1005-C. ADDITIONAL POWERS OF THE AUTHORITY TO FINANCE CERTAIN PROJECTS IN CONNECTION WITH THE NEW YORK STATE CANAL SYSTEM. 1. (A) THE AUTHORITY IS HEREBY AUTHORIZED, AS AN ADDITIONAL CORPORATE PURPOSE THER- EOF, TO ISSUE ITS BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS IN CONFORMITY WITH APPLICABLE PROVISIONS OF THE UNIFORM COMMERCIAL CODE FOR PURPOSES OF FINANCING THE CONSTRUCTION, RECONSTRUCTION, DEVELOPMENT AND IMPROVEMENT OF THE NEW YORK STATE CANAL SYSTEM. (B) THE AUTHORITY SHALL ISSUE ANY SUCH BONDS, NOTES, OR EVIDENCES OF INDEBTEDNESS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION ON A BASIS SUBORDINATE IN LIEN AND PRIORITY OF PAYMENT TO THE AUTHORITY'S SENIOR LIEN INDEBTEDNESS AS THE AUTHORITY SHALL PROVIDE BY RESOLUTION. 2. ALL OF THE PROVISIONS OF THIS TITLE RELATING TO BONDS, NOTES AND OTHER EVIDENCE OF INDEBTEDNESS, WHICH ARE NOT INCONSISTENT WITH THIS SECTION, SHALL APPLY TO OBLIGATIONS AUTHORIZED BY THIS SECTION, INCLUD- ING BUT NOT LIMITED TO THE POWER TO ISSUE RENEWAL NOTES OR REFUNDING BONDS THEREOF. 3. SUBJECT TO AGREEMENTS WITH NOTEHOLDERS OR BONDHOLDERS, THE AUTHORI- TY SHALL HAVE THE AUTHORITY TO FIX AND COLLECT SUCH FEES, RENTALS AND CHARGES FOR THE USE OF THE CANAL SYSTEM OR ANY PART THEREOF NECESSARY OR CONVENIENT, WITH AN ADEQUATE MARGIN OF SAFETY, TO PRODUCE SUFFICIENT REVENUE TO MEET THE EXPENSE OF MAINTENANCE AND OPERATION AND TO FULFILL THE TERMS OF ANY AGREEMENTS MADE WITH THE HOLDERS OF ITS NOTES OR BONDS, AND TO ESTABLISH THE RIGHTS AND PRIVILEGES GRANTED UPON PAYMENT THEREOF; PROVIDED, HOWEVER, THAT TOLLS MAY ONLY BE IMPOSED FOR THE PASSAGE THROUGH LOCKS AND LIFT BRIDGES BY VESSELS WHICH ARE PROPELLED IN WHOLE OR IN PART BY MECHANICAL POWER. S 24. Paragraph (i) of subdivision 1 of section 19 of the public offi- cers law, as added by chapter 115 of the laws of 2000, is REPEALED and a new paragraph (j) is added to read as follows: (J) FOR PURPOSES OF THIS SECTION, THE TERM "EMPLOYEE" SHALL INCLUDE DIRECTORS, OFFICERS AND EMPLOYEES OF THE THRUWAY AUTHORITY, AND THE DIRECTORS, OFFICERS AND EMPLOYEES OF THE CANAL CORPORATION. IN THOSE CASES WHERE THE DEFINITION OF THE TERM "EMPLOYEE" PROVIDED IN THIS PARA- GRAPH IS APPLICABLE, THE TERM "STATE", AS UTILIZED IN SUBDIVISIONS TWO, THREE, AND FOUR OF THIS SECTION, SHALL MEAN THE THRUWAY AUTHORITY WHEN THE EMPLOYEE IS A DIRECTOR, OFFICER, OR EMPLOYEE OF THE THRUWAY AUTHORI- S. 6408 89 A. 9008 TY, OR THE CANAL CORPORATION, WHEN THE EMPLOYEE IS A DIRECTOR, OFFICER, OR EMPLOYEE OF THE CANAL CORPORATION. S 25. Subdivisions 9 and 10 of section 481 of the transportation law, as added by section 1 of part A of chapter 60 of the laws of 2005, are amended to read as follows: 9. "Canal corporation" shall mean the New York state canal corporation created [pursuant to section three hundred eighty-two] AS A SUBSIDIARY CORPORATION OF THE NEW YORK STATE THRUWAY AUTHORITY PURSUANT TO CHAPTER SEVEN HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO AND CONTINUED AND RECONSTITUTED AS A SUBSIDIARY CORPORATION OF THE POWER AUTHORITY OF THE STATE OF NEW YORK PURSUANT TO SUBDIVISION ONE OF SECTION ONE THOUSAND FIVE-B of the public authorities law. 10. "Canal system" shall mean the "New York state canal system"[, as such term is defined by subdivision ten of section three hundred fifty- one of the public authorities law] SHALL MEAN ALL OF THE CANALS, CANAL LANDS, FEEDER CANALS, RESERVOIRS, CANAL TERMINALS, CANAL TERMINAL LANDS AND OTHER PROPERTY UNDER THE JURISDICTION OF THE CANAL CORPORATION OF THE STATE OF NEW YORK PURSUANT TO ARTICLE ONE-A OF THE CANAL LAW. S 26. Section 33.01 of the parks, recreation and historic preservation law, as amended by chapter 317 of the laws of 2009, is amended to read as follows: S 33.01 New York state heritage areas advisory council. There shall continue to be in the office a New York state heritage areas advisory council which shall consist of twenty-six members or their designated representatives. The commissioner shall be a member of the advisory council. In addition, the advisory council shall consist of the follow- ing twenty-five other members: the commissioner of economic development, to advise and assist regarding related tourism and economic revitaliza- tion; the commissioner of education, to advise and assist regarding the interpretive and educational aspects of the programs; the secretary of state, to advise and assist regarding matters of community development and state planning and to advise on the identification and preservation of rural resources; the commissioner of transportation, to advise and assist regarding matters of transportation to and within heritage areas; the president of the New York state urban development corporation, to advise and assist regarding matters of economic development; the commis- sioner of environmental conservation, to advise and assist regarding matters of conservation and use of natural resources; the chairman of the state board for historic preservation, to advise and assist in matters regarding historic preservation; the commissioner of housing and community renewal to advise and assist regarding neighborhood and commu- nity development and preservation programs; the [chairman of the New York state thruway authority] PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE POWER AUTHORITY OF THE STATE OF NEW YORK regarding the operation of the New York state canal system; the commissioner of agriculture and markets regarding agriculture in heritage areas; a representative of the State Heritage Area Association; the director or chief executive officer of the Hudson River National Heritage Area, the Erie Canalway National Heritage Corridor, the Champlain Valley National Heritage Partnership and the Niagara Falls National Heritage Area; and ten members to be appointed by the governor, three of such members shall be municipal officers, elected officials or representatives of local government interest and seven of such members shall be, by professional training or experience or attainment, qualified to analyze or interpret matters relevant to the establishment and maintenance of state designated herit- age areas including urban cultural parks and heritage corridors, one of S. 6408 90 A. 9008 whom shall be the director of a heritage area. Of these last seven, two are to be appointed from names recommended by the majority leader of the senate, two are to be appointed from names recommended by the speaker of the assembly, one is to be appointed from names recommended by the minority leader of the senate and one is to be appointed from names recommended by the minority leader of the assembly. The governor may designate such ex-officio members who shall be from the executive department, state agencies or public corporations as he or she deems appropriate; provided that such ex-officio members shall not vote on matters before the advisory council. For the ten members appointed by the governor, each shall hold office for a term of five years and until his or her successor shall have been appointed or until he or she shall resign. The members of the advisory council shall elect a chair from amongst its members for a term of three years. Eleven members of the advisory council shall constitute a quorum for the transaction of any business at both regular and special meetings. Any ex-officio member may delegate all his or her duties of membership, including voting rights, to an officer or employee of such member's organization. No member shall receive any compensation. S 27. Paragraph (h-1) of subdivision 2 of section 35.07 of the parks, recreation and historic preservation law, as amended by chapter 666 of the laws of 1994, is amended to read as follows: (h-1) [Chairman of the New York state thruway authority] PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE POWER AUTHORITY OF THE STATE OF NEW YORK regarding [its] operation of the New York state canal system; S 28. Notwithstanding any other provision of law, the power authority of the state of New York (power authority) and the New York state thru- way authority (thruway authority) are hereby authorized to enter into an agreement, effective April 1, 2016, whereby the power authority shall reimburse the thruway authority, monthly, for any and all operating and capital costs, expended by the thruway authority for the operation and maintenance of the New York state canal system (canal system), and the operation of the New York state canal corporation (canal corporation), for the period of April 1, 2016 through January 1, 2017. The thruway authority shall provide the power authority with a monthly report of all expenditures related to the canal corporation and the canal system, and provide access to all necessary financial records to carry out the intent of this section. S 29. This act, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes there- of. S 30. This act shall take effect on January 1, 2017; provided, howev- er, that sections five and twenty-eight of this act shall take effect immediately. PART R Section 1. Short title. This act shall be known and may be cited as the "private activity bond allocation act of 2016". S 2. Legislative findings and declaration. The legislature hereby finds and declares that the federal tax reform act of 1986 established a statewide bond volume ceiling on the issuance of certain tax exempt private activity bonds and notes and, under certain circumstances, governmental use bonds and notes issued by the state and its public authorities, local governments, agencies which issue on behalf of local governments, and certain other issuers. The federal tax reform act S. 6408 91 A. 9008 establishes a formula for the allocation of the bond volume ceiling which was subject to temporary modification by gubernatorial executive order until December 31, 1987. That act also permits state legislatures to establish, by statute, an alternative formula for allocating the volume ceiling. Bonds and notes subject to the volume ceiling require an allocation from the state's annual volume ceiling in order to qualify for federal tax exemption. It is hereby declared to be the policy of the state to maximize the public benefit through the issuance of private activity bonds for the purposes of, among other things, allocating a fair share of the bond volume ceiling upon initial allocation and from a bond reserve to local agencies and for needs identified by local governments; providing hous- ing and promoting economic development; job creation; an economical energy supply; and resource recovery and to provide for an orderly and efficient volume ceiling allocation process for state and local agencies by establishing an alternative formula for making such allocations. S 3. Definitions. As used in this act, unless the context requires otherwise: 1. "Bonds" means bonds, notes or other obligations. 2. "Carryforward" means an amount of unused private activity bond ceiling available to an issuer pursuant to an election filed with the internal revenue service pursuant to section 146(f) of the code. 3. "Code" means the internal revenue code of 1986, as amended. 4. "Commissioner" means the commissioner of the New York state depart- ment of economic development. 5. "Covered bonds" means those tax exempt private activity bonds and that portion of the non-qualified amount of an issue of governmental use bonds for which an allocation of the statewide ceiling is required for the interest earned by holders of such bonds to be excluded from the gross income of such holders for federal income tax purposes under the code. 6. "Director" means the director of the New York state division of the budget. 7. "Issuer" means a local agency, state agency or other issuer. 8. "Local agency" means an industrial development agency established or operating pursuant to article 18-A of the general municipal law, the Troy industrial development authority and the Auburn industrial develop- ment authority. 9. "Other issuer" means any agency, political subdivision or other entity, other than a local agency or state agency, that is authorized to issue covered bonds. 10. "Qualified small issue bonds" means qualified small issue bonds, as defined in section 144(a) of the code. 11. "State agency" means the state of New York, the New York state energy research and development authority, the New York job development authority, the New York state environmental facilities corporation, the New York state urban development corporation and its subsidiaries, the Battery Park city authority, the port authority of New York and New Jersey, the power authority of the state of New York, the dormitory authority of the state of New York, the New York state housing finance agency, the state of New York mortgage agency, and any other public benefit corporation or public authority designated by the governor for the purposes of this act. 12. "Statewide ceiling" means for any calendar year the highest state ceiling (as such term is used in section 146 of the code) applicable to New York state. S. 6408 92 A. 9008 13. "Future allocations" means allocations of statewide ceiling for up to two future years. 14. "Multi-year housing development project" means a project (a) which qualifies for covered bonds; (b) which is to be constructed over two or more years; and (c) in which at least twenty percent of the dwelling units will be occupied by persons and families of low income. S 4. Local agency set-aside. (a) A set-aside of statewide ceiling for local agencies for any calendar year shall be an amount which bears the same ratio to one-third of the statewide ceiling as the population of the jurisdiction of such local agency bears to the population of the entire state. The commissioner shall administer allocations of such set-aside to local agencies. (b) Any financings or bond issuances that utilize the local agency set-aside authorized by this section and executed by entities or succes- sor entities defined by subdivisions 8 and 9 of section 3 of this act, including entities established pursuant to article 18-A of the general municipal law, and corporations established pursuant to section 1411 of the not-for-profit corporation law and article 12 of the private housing finance law, shall be subject to the provisions of article 1-A of the public authorities law. S 5. State agency set-aside. A set-aside of statewide ceiling for all state agencies for any calendar year shall be one-third of the statewide ceiling. The director shall administer allocations of such set-aside to state agencies and may grant an allocation to any state agency upon receipt of an application in such form as the director shall require. S 6. Statewide bond reserve. One-third of the statewide ceiling is hereby set aside as a statewide bond reserve to be administered by the director. 1. Allocation of the statewide bond reserve among state agen- cies, local agencies and other issuers. The director shall transfer a portion of the statewide bond reserve to the commissioner for allocation to and use by local agencies and other issuers in accordance with the terms of this section. The remainder of the statewide bond reserve may be allocated by the director to state agencies in accordance with the terms of this section. 2. Allocation of statewide bond reserve to local agencies or other issuers. (a) Local agencies or other issuers may at any time apply to the commissioner for an allocation from the statewide bond reserve. Such application shall demonstrate: (i) that the requested allocation is required under the code for the interest earned on the bonds to be excluded from the gross income of bondholders for federal income tax purposes; (ii) that the local agency's remaining unused allocation provided pursuant to section four of this act, and other issuer's remaining unused allocation, or any available carryforward will be insufficient for the specific project or projects for which the reserve allocation is requested; and (iii) that, except for those allocations made pursuant to section twelve of this act to enable carryforward elections, the requested allo- cation is reasonably expected to be used during the calendar year, and the requested future allocation is reasonably expected to be used in the calendar year to which the future allocation relates. (b) In reviewing and approving or disapproving applications, the commissioner shall exercise discretion to ensure an equitable distrib- ution of allocations from the statewide bond reserve to local agencies and other issuers. Prior to making a determination on such applications, S. 6408 93 A. 9008 the commissioner shall notify and seek the recommendation of the presi- dent and chief executive officer of the New York state housing finance agency in the case of an application related to the issuance of multi- family housing or mortgage revenue bonds, and in the case of other requests, such state officers, departments, divisions and agencies as the commissioner deems appropriate. (c) Applications for allocations shall be made in such form and contain such information and reports as the commissioner shall require. 3. Allocation of statewide bond reserve to state agencies. The direc- tor may make an allocation from the statewide bond reserve to any state agency. Before making any allocation of statewide bond reserve to state agencies the director shall be satisfied: (a) that the allocation is required under the code for the interest earned on the bonds to be excluded from the gross income of bondholders for federal income tax purposes; (b) that the state agency's remaining unused allocation provided pursuant to section five of this act or any available carryforward will be insufficient to accommodate the specific bond issue or issues for which the reserve allocation is requested; and (c) that, except for those allocations made pursuant to section twelve of this act to enable carryforward elections, the requested allocation is reasonably expected to be used during the calendar year, and the requested future allocation is reasonably expected to be used in the calendar year to which the future allocation relates. S 7. Access to employment opportunities. 1. All issuers shall require that any new employment opportunities created in connection with the industrial or manufacturing projects financed through the issuance of qualified small issue bonds shall be listed with the New York state department of labor and with the one-stop career center established pursuant to the federal workforce investment act (Pub. L. No. 105-220) serving the locality in which the employment opportunities are being created. Such listing shall be in a manner and form prescribed by the commissioner. All issuers shall further require that for any new employ- ment opportunities created in connection with an industrial or manufac- turing project financed through the issuance of qualified small issue bonds by such issuer, industrial or manufacturing firms shall first consider persons eligible to participate in workforce investment act (Pub. L. No. 105-220) programs who shall be referred to the industrial or manufacturing firm by one-stop centers in local workforce investment areas or by the department of labor. Issuers of qualified small issue bonds are required to monitor compliance with the provisions of this section as prescribed by the commissioner. 2. Nothing in this section shall be construed to require users of qualified small issue bonds to violate any existing collective bargain- ing agreement with respect to the hiring of new employees. Failure on the part of any user of qualified small issue bonds to comply with the requirements of this section shall not affect the allocation of bonding authority to the issuer of the bonds or the validity or tax exempt status of such bonds. S 8. Overlapping jurisdictions. In a geographic area represented by a county local agency and one or more sub-county local agencies, the allo- cation granted by section four of this act with respect to such area of overlapping jurisdiction shall be apportioned one-half to the county local agency and one-half to the sub-county local agency or agencies. Where there is a local agency for the benefit of a village within the geographic area of a town for the benefit of which there is a local S. 6408 94 A. 9008 agency, the allocation of the village local agency shall be based on the population of the geographic area of the village, and the allocation of the town local agency shall be based upon the population of the geographic area of the town outside of the village. Notwithstanding the foregoing, a local agency may surrender all or part of its allocation for such calendar year to another local agency with an overlapping jurisdiction. Such surrender shall be made at such time and in such manner as the commissioner shall prescribe. S 9. Ineligible local agencies. To the extent that any allocation of the local agency set-aside would be made by this act to a local agency which is ineligible to receive such allocation under the code or under regulations interpreting the state volume ceiling provisions of the code, such allocation shall instead be made to the political subdivision for whose benefit that local agency was created. S 10. Municipal reallocation. The chief executive officer of any poli- tical subdivision or, if such political subdivision has no chief execu- tive officer, the governing board of the political subdivision for the benefit of which a local agency has been established, may withdraw all or any portion of the allocation granted by section four of this act to such local agency. The political subdivision may then reallocate all or any portion of such allocation, as well as all or any portion of the allocation received pursuant to section nine of this act, to itself or any other issuer established for the benefit of that political subdivi- sion or may assign all or any portion of the allocation received pursu- ant to section nine of this act to the local agency created for its benefit. The chief executive officer or governing board of the political subdivision, as the case may be, shall notify, and receive prior approval from the commissioner before any such reallocation. S 11. Future allocations for multi-year housing development projects. 1. In addition to other powers granted under this act, the commissioner is authorized to make the following future allocations of statewide ceiling for any multi-year housing development project for which the commissioner also makes an allocation of statewide ceiling for the current year under this act: (a) to local agencies from the local agen- cy set-aside (but only with the approval of the chief executive officer of the political subdivision to which the local agency set-aside relates or the governing body of a political subdivision having no chief execu- tive officer) and (b) to other issuers from that portion, if any, of the statewide bond reserve transferred to the commissioner by the director. Any future allocation made by the commissioner shall constitute an allocation of statewide ceiling for the future year specified by the commissioner and shall be deemed to have been made on the first day of the future year so specified. 2. In addition to other powers granted under this act, the director is authorized to make future allocations of statewide ceiling from the state agency set-aside or from the statewide bond reserve to state agen- cies for any multi-year housing development project for which the direc- tor also makes an allocation of statewide ceiling from the current year under this act, and is authorized to make transfers of the statewide bond reserve to the commissioner for future allocations to other issuers for multi-year housing development projects for which the commissioner has made an allocation of statewide ceiling for the current year. Any such future allocation or transfer of the statewide bond reserve for future allocation made by the director shall constitute an allocation of statewide ceiling or transfer of the statewide bond reserve for the S. 6408 95 A. 9008 future years specified by the director and shall be deemed to have been made on the first day of the future year so specified. 3. (a) If an allocation made with respect to a multi-year housing development project is not used by October fifteenth of the year to which the allocation relates, the allocation with respect to the then current year shall be subject to recapture in accordance with the provisions of section twelve of this act, and in the event of such a recapture, unless a carryforward election by another issuer shall have been approved by the commissioner or a carryforward election by a state agency shall have been approved by the director, all future allocations made with respect to such project pursuant to subdivision one or two of this section shall be canceled. (b) The commissioner and the director shall have the authority to make future allocations from recaptured current year allocations and canceled future allocations to multi-year housing development projects in a manner consistent with the provisions of this act. (c) The commissioner and the director shall establish procedures consistent with the provisions of this act relating to carryforward of future allocations. 4. The aggregate future allocations from either of the two succeeding years shall not exceed six hundred fifty million dollars for each such year. S 12. Year end allocation recapture. On or before October first of each year, each state agency shall report to the director and each local agency and each other issuer shall report to the commissioner the amount of bonds subject to allocation under this act that will be issued prior to the end of the then current calendar year, and the amount of the issuer's then total allocation that will remain unused. As of October fifteenth of each year, the unused portion of each local agency's and other issuer's then total allocation as reported and the unallocated portion of the set-aside for state agencies shall be recaptured and added to the statewide bond reserve and shall no longer be available to covered bond issuers except as otherwise provided herein. From October fifteenth through the end of the year, each local agency or other issuer having an allocation shall immediately report to the commissioner and each state agency having an allocation shall immediately report to the director any changes to the status of its allocation or the status of projects for which allocations have been made which should affect the timing or likelihood of the issuance of covered bonds therefor. If the commissioner determines that a local agency or other issuer has overes- timated the amount of covered bonds subject to allocation that will be issued prior to the end of the calendar year, the commissioner may recapture the amount of the allocation to such local agency or other issuer represented by such overestimation by notice to the local agency or other issuer, and add such allocation to the statewide bond reserve. The director may likewise make such determination and recapture with respect to state agency allocations. S 13. Allocation carryforward. 1. No local agency or other issuer shall make a carryforward election utilizing any unused allocation (pursuant to section 146(f) of the code) without the prior approval of the commissioner. Likewise no state agency shall make or file such an election, or elect to issue or carryforward mortgage credit certif- icates, without the prior approval of the director. 2. On or before November fifteenth of each year, each state agency seeking unused statewide ceiling for use in future years shall make a request for an allocation for a carryforward to the director, whose S. 6408 96 A. 9008 approval shall be required before a carryforward election is filed by or on behalf of any state agency. A later request may also be considered by the director, who may file a carryforward election for any state agency with the consent of such agency. 3. On or before November fifteenth of each year, each local agency or other issuer seeking unused statewide ceiling for use in future years shall make a request for an allocation for a carryforward to the commis- sioner, whose approval shall be required before a carryforward election is filed by or on behalf of any local or other agency. A later request may also be considered by the commissioner. S 14. New York state bond allocation policy advisory panel. 1. There is hereby created a policy advisory panel and process to provide policy advice regarding the priorities for distribution of the statewide ceil- ing. 2. The panel shall consist of five members, one designee being appointed by each of the following: 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. The designee of the governor shall chair the panel. The panel shall monitor the allocation process through the year, and in that regard, the division of the budget and the department of economic development shall assist and cooperate with the panel as provided in this section. The advisory process shall operate through the issuance of advisory opinions by members of the panel as provided in subdivisions six and seven of this section. A meet- ing may be held at the call of the chair with the unanimous consent of the members. 3. (a) Upon receipt of a request for allocation or a request for approval of a carryforward election from the statewide reserve from a local agency or other issuer, the commissioner shall, within five work- ing days, notify the panel of such request and provide the panel with copies of all application materials submitted by the applicant. (b) Upon receipt of a request for allocation or a request for approval of carryforward election from the statewide reserve from a state agency, the director shall, within five working days, notify the panel of such request and provide the panel with copies of all application materials submitted by the applicant. 4. (a) Following receipt of a request for allocation from a local agency or other issuer, the commissioner shall notify the panel of a decision to approve or exclude from further consideration such request, and the commissioner shall state the reasons. Such notification shall be made with or after the transmittal of the information specified in subdivision three of this section and at least five working days before formal notification is made to the applicant. (b) Following receipt of a request for allocation from a state agency, the director shall notify the panel of a decision to approve or exclude from further consideration such request, and shall state the reasons. Such notification shall be made with or after the transmission of the information specified in subdivision three of this section and at least five working days before formal notification is made to the state agen- cy. 5. The requirements of subdivisions three and four of this section shall not apply to adjustments to allocations due to bond sizing chang- es. 6. In the event that any decision to approve or to exclude from further consideration a request for allocation is made within ten work- ing days of the end of the calendar year and in the case of all requests S. 6408 97 A. 9008 for consent to a carryforward election, the commissioner or director, as is appropriate, shall provide the panel with the longest possible advance notification of the action, consistent with the requirements of the code, and shall, wherever possible, solicit the opinions of the members of the panel before formally notifying any applicant of the action. Such notification may be made by means of telephone communi- cation to the members or by written notice delivered to the Albany office of the appointing authority of the respective members. 7. Upon notification by the director or the commissioner, any member of the panel may, within five working days, notify the commissioner or the director of any policy objection concerning the expected action. If three or more members of the panel shall submit policy objections in writing to the intended action, the commissioner or the director shall respond in writing to the objection prior to taking the intended action unless exigent circumstances make it necessary to respond after the action has been taken. 8. On or before the first day of July, in any year, the director shall report to the members of the New York state bond allocation policy advi- sory panel on the actual utilization of volume cap for the issuance of bonds during the prior calendar year and the amount of such cap allo- cated for carryforwards for future bond issuance. The report shall include, for each local agency or other issuer and each state agency the initial allocation, the amount of bonds issued subject to the allo- cation, the amount of the issuer's allocation that remained unused, the allocation of the statewide bond reserve, carryforward allocations and recapture of allocations. Further, the report shall include projections regarding private activity bond issuance for state and local issuers for the calendar year, as well as any recommendations for legislative action. S 15. Severability. If any clause, sentence, paragraph, section, or part of this act shall be adjudged by any court of competent jurisdic- tion to be invalid, such judgment shall not affect, impair, or invali- date the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. S 16. Chapter 49 of the laws of 2014 is REPEALED. S 17. Section 51 of the public authorities law is amended by adding a new subdivision 6 to read as follows: 6. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, THE BOARD SHALL HAVE THE POWER AND IT SHALL BE ITS DUTY TO RECEIVE APPLICATIONS FOR APPROVAL FOR ANY FINANCING OR BOND ISSUANCES THAT UTILIZE THE LOCAL AGENCY SET- ASIDE, AS AUTHORIZED BY THE "PRIVATE ACTIVITY BOND ALLOCATION ACT OF 2016", EXECUTED BY ENTITIES OR SUCCESSOR ENTITIES AS DEFINED BY SUBDIVI- SIONS EIGHT AND NINE OF SECTION THREE OF THAT ACT, INCLUDING ENTITIES ESTABLISHED PURSUANT TO ARTICLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW, AND CORPORATIONS ESTABLISHED PURSUANT TO SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW AND ARTICLE TWELVE OF THE PRIVATE HOUSING FINANCE LAW. S 18. This act shall take effect immediately. PART S Section 1. Section 258-aa and article 25 of the agriculture and markets law are REPEALED. S. 6408 98 A. 9008 S 2. Section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, is amended by adding three new sections 16-x, 16-y and 16-z to read as follows: S 16-X. DAIRY PROMOTION ACT. 1. DECLARATION OF POLICY. (A) IT IS HERE- BY DECLARED THAT THE MISSION OF THE CORPORATION IS TO PROMOTE A VIGOROUS AND GROWING STATE ECONOMY. IN IMPLEMENTING THIS MISSION, THE CORPORATION HAS UNDERTAKEN A VIGOROUS CAMPAIGN TO MARKET THE STATE'S ASSETS AND, BY CARRYING OUT THE PROVISIONS OF THIS SECTION, WOULD FURTHER THIS MISSION BY PROMOTING THE STATE'S DAIRY INDUSTRY. (B) IT IS FURTHER DECLARED THAT THE CONTINUED EXISTENCE OF THE STATE DAIRY INDUSTRY, AND THE CONTINUED PRODUCTION OF MILK ON THE FARMS OF THIS STATE, IS OF VAST ECONOMIC IMPORTANCE TO THE STATE AND TO THE HEALTH AND WELFARE OF THE INHABITANTS THEREOF; THAT IT IS ESSENTIAL, IN ORDER TO ASSURE SUCH CONTINUED PRODUCTION OF MILK AND ITS HANDLING AND DISTRIBUTION, THAT PRICES TO PRODUCERS BE SUCH AS TO RETURN REASONABLE COSTS OF PRODUCTION, AND AT THE SAME TIME TO ASSURE AN ADEQUATE SUPPLY OF MILK AND DAIRY PRODUCTS TO CONSUMERS AT REASONABLE PRICES; AND TO THESE ENDS IT IS ESSENTIAL THAT CONSUMERS AND OTHERS BE ADEQUATELY INFORMED AS TO THE DIETARY NEEDS AND ADVANTAGES OF MILK AND DAIRY PRODUCTS AND AS TO THE ECONOMIES RESULTING FROM THE USE OF MILK AND DAIRY PRODUCTS, AND TO COMMAND FOR MILK AND DAIRY PRODUCTS, CONSUMER ATTENTION AND DEMAND CONSISTENT WITH THEIR IMPORTANCE AND VALUE. IT IS FURTHER DECLARED THAT CONTINUED DECLINE IN THE CONSUMPTION OF FLUID MILK AND SOME OTHER DAIRY PRODUCTS WILL JEOPARDIZE THE PRODUCTION OF ADEQUATE SUPPLIES OF MILK AND DAIRY PRODUCTS BECAUSE OF INCREASING SURPLUSES NECESSARILY RETURNING LESS TO PRODUCERS; AND THAT CONTINUED ADEQUATE SUPPLIES OF MILK AND DAIRY PRODUCTS IS A MATTER OF VITAL CONCERN AS AFFECTING THE HEALTH AND GENERAL WELFARE OF THE PEOPLE OF THIS STATE. IT IS THEREFORE DECLARED TO BE THE LEGISLATIVE INTENT AND POLICY OF THE STATE: (I) TO ENABLE MILK PRODUCERS AND OTHERS IN THE DAIRY INDUSTRY, WITH THE AID OF THE STATE, TO MORE EFFECTIVELY PROMOTE THE CONSUMPTION OF MILK AND DAIRY PRODUCTS, (II) TO PROVIDE METHODS AND MEANS FOR THE DEVELOPMENT OF NEW AND IMPROVED DAIRY PRODUCTS, AND TO PROMOTE THEIR USE, AND (III) TO THIS END, TO ELIMINATE THE POSSIBLE IMPAIRMENT OF THE PURCHASING POWER OF THE MILK PRODUCERS OF THIS STATE AND TO ASSURE AN ADEQUATE SUPPLY OF MILK FOR CONSUMERS AT REASONABLE PRICES. 2. DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "PRESIDENT" MEANS THE PRESIDENT OF THE CORPORATION. (B) "DAIRY PRODUCTS" MEANS MILK AND PRODUCTS DERIVED THEREFROM, AND PRODUCTS OF WHICH MILK OR A PORTION THEREOF IS A SIGNIFICANT PART. (C) "PRODUCER" MEANS ANY PERSON IN THIS STATE WHO IS ENGAGED IN THE PRODUCTION OF MILK OR WHO CAUSES MILK TO BE PRODUCED FOR ANY MARKET IN THIS OR ANY OTHER STATE. (D) "ADVISORY BOARD" MEANS THE PERSONS APPOINTED BY THE PRESIDENT FROM NOMINATIONS FROM PRODUCERS TO ASSIST THE PRESIDENT IN ADMINISTERING A DAIRY PROMOTION ORDER. (E) "MILK DEALER" MEANS ANY PERSON WHO PURCHASES OR HANDLES OR RECEIVES OR SELLS MILK, INCLUDING INDIVIDUALS, PARTNERSHIPS, CORPO- RATIONS, COOPERATIVE ASSOCIATIONS, AND UNINCORPORATED COOPERATIVE ASSO- CIATIONS. (F) "DAIRY PROMOTION ORDER" MEANS AN ORDER ISSUED BY THE PRESIDENT, PURSUANT TO THE PROVISIONS OF THIS SECTION. S. 6408 99 A. 9008 (G) "COOPERATIVE" MEANS AN ASSOCIATION OR FEDERATION OR COOPERATIVE OF MILK PRODUCERS ORGANIZED UNDER THE LAWS OF NEW YORK STATE, OR ANY OTHER STATE, HAVING AGREEMENTS WITH THEIR PRODUCER MEMBERS TO MARKET, BARGAIN FOR OR SELL THE MILK OF SUCH PRODUCERS, AND IS ACTUALLY PERFORMING ONE OR MORE OF THESE SERVICES IN THE MARKETING OF THE MILK PRODUCED BY THEIR MEMBERS, THROUGH THE COOPERATIVE OR THROUGH A FEDERATION OF MILK COOPER- ATIVES IN WHICH THE COOPERATIVE HAS MEMBERSHIP. (H) "STATE" MEANS THE STATE OF NEW YORK. 3. POWERS AND DUTIES OF THE PRESIDENT. (A) THE PRESIDENT SHALL ADMIN- ISTER AND ENFORCE THE PROVISIONS OF THIS SECTION. IN ORDER TO EFFECTUATE THE DECLARED POLICY OF THIS SECTION THE PRESIDENT, IN CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE AND MARKETS, MAY, AFTER DUE NOTICE AND HEARING, MAKE AND ISSUE A DAIRY PROMOTION ORDER, OR ORDERS. (B) SUCH ORDER OR ORDERS SHALL BE ISSUED AND AMENDED OR TERMINATED IN ACCORDANCE WITH THE FOLLOWING PROCEDURES: (I) BEFORE ANY SUCH ORDER MAY BECOME EFFECTIVE IT MUST BE APPROVED BY FIFTY-ONE PER CENTUM OF THE PRODUCERS OF MILK VOTING IN THE REFERENDUM FOR THE AREA TO BE REGULATED BY SUCH ORDER. SUCH REFERENDUM SHALL NOT CONSTITUTE VALID APPROVAL UNLESS FIFTY-ONE PER CENTUM OF ALL MILK PRODUCERS FOR THE AREA TO BE REGULATED VOTE IN THE REFERENDUM. PRODUCERS MAY VOTE BY INDIVIDUAL BALLOT OR THROUGH THEIR COOPERATIVES IN ACCORD- ANCE WITH THE FOLLOWING PROCEDURES: (A) COOPERATIVES MAY SUBMIT WRITTEN APPROVAL OF SUCH ORDER WITHIN A PERIOD OF ONE HUNDRED TWENTY DAYS AFTER THE PRESIDENT HAS ANNOUNCED A REFERENDUM ON A PROPOSED ORDER, FOR SUCH PRODUCERS WHO ARE LISTED AND CERTIFIED TO THE PRESIDENT AS MEMBERS OF SUCH COOPERATIVE; PROVIDED, HOWEVER, THAT ANY COOPERATIVE BEFORE SUBMITTING SUCH WRITTEN APPROVAL SHALL GIVE AT LEAST SIXTY DAYS PRIOR WRITTEN NOTICE TO EACH PRODUCER WHO IS ITS MEMBER, OF THE INTENTION OF THE COOPERATIVE TO APPROVE SUCH PROPOSED ORDER, AND FURTHER PROVIDE THAT IF SUCH COOPERATIVE DOES NOT INTEND TO APPROVE SUCH PROPOSED ORDER, IT SHALL LIKEWISE GIVE WRITTEN NOTICE TO EACH SUCH PRODUCER WHO IS ITS MEMBER, OF ITS INTENTION NOT TO APPROVE OF SUCH PROPOSED ORDER. (B) ANY PRODUCER MAY OBTAIN A BALLOT FROM THE PRESIDENT SO THAT HE OR SHE MAY REGISTER HIS OR HER OWN APPROVAL OR DISAPPROVAL OF THE PROPOSED ORDER. (C) A PRODUCER WHO IS A MEMBER OF A COOPERATIVE WHICH HAS NOTIFIED HIM OR HER OF ITS INTENT TO APPROVE OR NOT TO APPROVE OF A PROPOSED ORDER, AND WHO OBTAINS A BALLOT AND WITH SUCH BALLOT EXPRESSES HIS OR HER APPROVAL OR DISAPPROVAL OF THE PROPOSED ORDER, SHALL NOTIFY THE PRESI- DENT AS TO THE NAME OF THE COOPERATIVE OF WHICH HE OR SHE IS A MEMBER, AND THE PRESIDENT SHALL REMOVE SUCH PRODUCER'S NAME FROM THE LIST CERTI- FIED BY SUCH COOPERATIVE. (D) IN ORDER TO ENSURE THAT ALL MILK PRODUCERS ARE INFORMED REGARDING A PROPOSED ORDER, THE PRESIDENT SHALL NOTIFY ALL MILK PRODUCERS THAT AN ORDER IS BEING CONSIDERED AND THAT EACH PRODUCER MAY REGISTER HIS OR HER APPROVAL OR DISAPPROVAL WITH THE PRESIDENT EITHER DIRECTLY OR THROUGH HIS OR HER COOPERATIVE. (E) THE PRESIDENT MAY APPOINT A REFERENDUM ADVISORY COMMITTEE TO ASSIST AND ADVISE HIM OR HER IN THE CONDUCT OF THE REFERENDUM. SUCH COMMITTEE SHALL REVIEW REFERENDUM PROCEDURES AND THE TABULATION OF RESULTS, AND SHALL ADVISE THE PRESIDENT OF ITS FINDINGS. THE FINAL CERTIFICATION OF THE REFERENDUM RESULTS SHALL BE MADE BY THE PRESIDENT. THE COMMITTEE SHALL CONSIST OF NOT LESS THAN THREE MEMBERS, NONE OF WHOM SHALL BE PERSONS DIRECTLY AFFECTED BY THE PROMOTION ORDER BEING VOTED UPON. TWO MEMBERS SHALL BE REPRESENTATIVES OF GENERAL FARM ORGANIZA- S. 6408 100 A. 9008 TIONS WHICH ARE NOT DIRECTLY AFFECTED BY THE ORDER BEING VOTED UPON. THE MEMBERS OF THE COMMITTEE SHALL NOT RECEIVE A SALARY BUT SHALL BE ENTI- TLED TO ACTUAL AND REASONABLE EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES. (II) THE PRESIDENT MAY, AND UPON WRITTEN PETITION OF NOT LESS THAN TEN PER CENTUM OF THE PRODUCERS IN THE AREA, EITHER AS INDIVIDUALS OR THROUGH COOPERATIVE REPRESENTATION, SHALL CALL A HEARING TO AMEND OR TERMINATE SUCH ORDER, AND ANY SUCH AMENDMENT OR TERMINATION SHALL BE EFFECTIVE ONLY UPON APPROVAL OF FIFTY-ONE PER CENTUM OF THE PRODUCERS OF MILK FOR THE AREA REGULATED PARTICIPATING IN A REFERENDUM VOTE AS PROVIDED PURSUANT TO THIS PARAGRAPH. (C) THE PRESIDENT SHALL ADMINISTER AND ENFORCE ANY SUCH DAIRY PROMOTION ORDER WHILE IT IS IN EFFECT, FOR THE PURPOSE OF: (I) ENCOURAGING THE CONSUMPTION OF MILK AND DAIRY PRODUCTS BY ACQUAINTING CONSUMERS AND OTHERS WITH THE ADVANTAGES AND ECONOMY OF USING MORE OF SUCH PRODUCTS, (II) PROTECTING THE HEALTH AND WELFARE OF CONSUMERS BY ASSURING AN ADEQUATE SUPPLY OF MILK AND DAIRY PRODUCTS, (III) PROVIDING FOR RESEARCH PROGRAMS DESIGNED TO DEVELOP NEW AND IMPROVED DAIRY PRODUCTS, (IV) PROVIDING FOR RESEARCH PROGRAMS DESIGNED TO ACQUAINT CONSUMERS AND THE PUBLIC GENERALLY WITH THE EFFECTS OF THE USE OF MILK AND DAIRY PRODUCTS ON THE HEALTH OF SUCH CONSUMERS, (V) CARRYING OUT, IN OTHER WAYS, THE DECLARED POLICY AND INTENT OF THIS SECTION. 4. PROVISIONS OF DAIRY PROMOTION ORDERS. ANY DAIRY PROMOTION ORDER OR ORDERS MAY CONTAIN, AMONG OTHERS, ANY OR ALL OF THE FOLLOWING: (A) PROVISION FOR LEVYING AN ASSESSMENT AGAINST ALL PRODUCERS SUBJECT TO THE REGULATION FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF SUCH ORDER AND TO PAY THE COST OF ADMINISTERING AND ENFORCING SUCH ORDER. IN ORDER TO COLLECT ANY SUCH ASSESSMENTS, PROVISION SHALL BE MADE FOR EACH MILK DEALER WHO RECEIVES MILK FROM PRODUCERS TO DEDUCT THE AMOUNT OF ASSESSMENT FROM MONEYS OTHERWISE DUE TO PRODUCERS FOR THE MILK SO DELIV- ERED. THE RATE OF SUCH ASSESSMENT SHALL NOT EXCEED TWO PERCENT PER HUNDREDWEIGHT OF THE GROSS VALUE OF THE PRODUCERS' MILK, AND THERE MAY BE CREDITED AGAINST ANY SUCH ASSESSMENT THE AMOUNTS PER HUNDREDWEIGHT OTHERWISE PAID BY ANY PRODUCER COVERED BY THE ORDER BY VOLUNTARY CONTRIBUTION OR OTHERWISE PURSUANT TO ANY OTHER FEDERAL OR STATE MILK MARKET ORDER FOR ANY SIMILAR RESEARCH PROMOTION OR ADVERTISING PROGRAM. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION, THE PRESIDENT, UPON WRITTEN PETITION OF NO LESS THAN TWEN- TY-FIVE PERCENT OF PRODUCERS IN THE AREA, EITHER AS INDIVIDUALS OR THROUGH COOPERATIVE REPRESENTATION, MAY CALL A HEARING FOR THE SOLE PURPOSE OF ESTABLISHING A NEW RATE OF ASSESSMENT HEREUNDER AND MAY SUBMIT A PROPOSED CHANGE IN THE RATE OF ASSESSMENT TO THE PRODUCERS FOR ACCEPTANCE OR REJECTION WITHOUT OTHERWISE AFFECTING THE ORDER. THE PRODUCERS IN THE AREA MAY VOTE ON THE PROPOSED RATE EITHER AS INDIVID- UALS OR THROUGH COOPERATIVE REPRESENTATION. NOTWITHSTANDING THE FOREGO- ING PROVISIONS OF THIS PARAGRAPH AND OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION, OR THE PROVISIONS OF ANY ORDER PROMULGATED PURSU- ANT TO THIS SECTION, THE RATE OF ASSESSMENT, FOR ANY PERIOD DURING WHICH A DAIRY PRODUCTS PROMOTION AND RESEARCH ORDER ESTABLISHED PURSUANT TO THE FEDERAL DAIRY AND TOBACCO ADJUSTMENT ACT OF 1983 IS IN EFFECT, SHALL NOT BE LESS THAN AN AMOUNT EQUAL TO THE MAXIMUM CREDIT WHICH PRODUCERS PARTICIPATING IN THIS STATE'S DAIRY PRODUCTS PROMOTION OR NUTRITION S. 6408 101 A. 9008 EDUCATION PROGRAMS MAY RECEIVE PURSUANT TO SUBDIVISION (G) OF SEC. 113 OF SAID FEDERAL ACT. (B) PROVISION FOR PAYMENTS TO ORGANIZATIONS ENGAGED IN CAMPAIGNS BY ADVERTISEMENTS OR OTHERWISE, INCLUDING PARTICIPATION IN SIMILAR REGIONAL OR NATIONAL PLANS OR CAMPAIGNS TO PROMOTE THE INCREASED CONSUMPTION OF MILK AND DAIRY PRODUCTS, TO ACQUAINT THE PUBLIC WITH THE DIETARY ADVAN- TAGES OF MILK AND DAIRY PRODUCTS AND WITH THE ECONOMY OF THEIR INCLUSION IN THE DIET AND TO COMMAND, FOR MILK AND DAIRY PRODUCTS, CONSUMER ATTEN- TION CONSISTENT WITH THEIR IMPORTANCE AND VALUE. (C) PROVISION FOR PAYMENTS TO INSTITUTIONS OR ORGANIZATIONS ENGAGED IN RESEARCH LEADING TO THE DEVELOPMENT OF NEW OR IMPROVED DAIRY PRODUCTS OR RESEARCH WITH RESPECT TO THE VALUE OF MILK AND DAIRY PRODUCTS IN THE HUMAN DIET. (D) PROVISION FOR REQUIRING RECORDS TO BE KEPT AND REPORTS TO BE FILED BY MILK DEALERS WITH RESPECT TO MILK RECEIVED FROM PRODUCERS AND WITH RESPECT TO ASSESSMENTS ON THE MILK OF SUCH PRODUCERS. (E) PROVISION FOR THE AUDITING OF THE RECORDS OF SUCH MILK DEALERS FOR THE PURPOSE OF VERIFYING PAYMENT OF PRODUCER ASSESSMENTS. (F) PROVISION FOR AN ADVISORY BOARD PURSUANT TO SUBDIVISION 10 OF THIS SECTION. (G) PROVISION FOR THE PRESIDENT TO RETAIN MONEY COLLECTED UNDER ANY MARKETING ORDER ISSUED PURSUANT TO THIS SECTION, TO DEFRAY THE COSTS AND EXPENSES IN THE ADMINISTRATION THEREOF. (H) SUCH OTHER PROVISIONS AS MAY BE NECESSARY TO EFFECTUATE THE DECLARED POLICIES OF THIS SECTION. 5. MATTERS TO BE CONSIDERED. IN CARRYING OUT THE PROVISIONS OF THIS SECTION AND PARTICULARLY IN DETERMINING WHETHER OR NOT A DAIRY PROMOTION ORDER SHALL BE ISSUED, THE PRESIDENT, IN CONSULTATION WITH THE COMMIS- SIONER OF AGRICULTURE AND MARKETS, SHALL TAKE INTO CONSIDERATION, AMONG OTHERS, FACTS AVAILABLE TO HIM OR HER WITH RESPECT TO THE FOLLOWING: (A) THE TOTAL PRODUCTION OF MILK IN THE AREA AND THE PROPORTION OF SUCH MILK BEING UTILIZED IN FLUID FORM AND IN OTHER PRODUCTS, (B) THE PRICES BEING RECEIVED FOR MILK BY PRODUCERS IN THE AREA, (C) THE LEVEL OF CONSUMPTION PER CAPITA FOR FLUID MILK AND OF OTHER DAIRY PRODUCTS, (D) THE PURCHASING POWER OF CONSUMERS, (E) OTHER PRODUCTS WHICH COMPETE WITH MILK AND DAIRY PRODUCTS AND PRICES OF SUCH PRODUCTS. 6. INTERSTATE ORDERS FOR COMPACTS. THE PRESIDENT, IN CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE AND MARKETS, IS AUTHORIZED TO CONFER AND COOPERATE WITH THE LEGALLY CONSTITUTED AUTHORITIES OF OTHER STATES AND OF THE UNITED STATES WITH RESPECT TO THE ISSUANCE AND OPERATION OF JOINT AND CONCURRENT DAIRY PROMOTION ORDERS OR OTHER ACTIVITIES TENDING TO CARRY OUT THE DECLARED INTENT OF THE ACT. HE OR SHE MAY JOIN WITH SUCH OTHER AUTHORITIES IN CONDUCTING JOINT INVESTIGATIONS, HOLDING JOINT HEARINGS AND ISSUING JOINT OR CONCURRENT ORDER OR ORDERS COMPLEMENTARY TO THOSE OF THE FEDERAL GOVERNMENT AND SHALL HAVE THE AUTHORITY TO EMPLOY OR DESIGNATE A JOINT AGENT OR JOINT AGENCIES TO CARRY OUT AND ENFORCE SUCH JOINT, CONCURRENT OR SUPPLEMENTARY ORDERS. 7. PRIOR ASSESSMENTS. PRIOR TO THE EFFECTIVE DATE OF ANY DAIRY PROMOTION ORDER AS PROVIDED IN THIS SECTION, THE PRESIDENT MAY REQUIRE THAT COOPERATIVE ASSOCIATIONS WHICH HAVE PETITIONED FOR SUCH AN ORDER AND THAT HAVE APPROVED OF THE ISSUANCE OF SUCH AN ORDER, TO DEPOSIT WITH THE PRESIDENT SUCH AMOUNTS AS HE OR SHE MAY DEEM NECESSARY TO DEFRAY THE EXPENSE OF ADMINISTERING AND ENFORCING SUCH ORDER UNTIL SUCH TIME AS THE ASSESSMENTS AS HEREIN BEFORE PROVIDED ARE ADEQUATE FOR THAT PURPOSE. S. 6408 102 A. 9008 SUCH FUNDS SHALL BE RECEIVED, DEPOSITED AND DISBURSED BY THE PRESIDENT IN THE SAME MANNER AS OTHER FUNDS RECEIVED BY HIM OR HER PURSUANT TO THIS SECTION AND THE PRESIDENT SHALL REIMBURSE THOSE WHO PAID THESE PRIOR ASSESSMENTS FROM OTHER FUNDS RECEIVED BY HIM OR HER PURSUANT TO THIS SECTION. 8. STATUS OF FUNDS. ANY MONEYS COLLECTED UNDER ANY MARKET ORDER ISSUED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED TO BE STATE FUNDS AND SHALL BE DEPOSITED IN A BANK OR OTHER DEPOSITORY OF THE CORPORATION, APPROVED BY THE PRESIDENT, ALLOCATED TO EACH DAIRY PROMOTION ORDER UNDER WHICH THEY WERE COLLECTED, AND SHALL BE DISBURSED BY THE PRESIDENT ONLY FOR THE NECESSARY EXPENSES INCURRED BY THE PRESIDENT WITH RESPECT TO EACH SEPARATE ORDER, ALL IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE PRESIDENT. ALL SUCH EXPENSES SHALL BE AUDITED BY THE CORPORATION AT LEAST ANNUALLY. ANY MONEYS REMAINING IN SUCH FUND ALLOCABLE TO A PARTICULAR ORDER, AFTER THE TERMINATION OF SUCH ORDER AND NOT REQUIRED BY THE PRESIDENT TO DEFRAY THE EXPENSES OF OPERATING SUCH ORDER, MAY IN THE DISCRETION OF THE PRESIDENT BE REFUNDED ON A PRO-RATA BASIS TO ALL PERSONS FROM WHOM ASSESSMENTS THEREFOR WERE COLLECTED; PROVIDED, HOWEV- ER, THAT IF THE PRESIDENT FINDS THAT THE AMOUNTS SO REFUNDABLE ARE SO SMALL AS TO MAKE IMPRACTICABLE THE COMPUTATION AND REFUNDING OF SUCH MONEYS, THE PRESIDENT MAY USE SUCH MONEYS TO DEFRAY THE EXPENSES INCURRED BY HIM OR HER IN THE PROMULGATION, ISSUANCE, ADMINISTRATION OR ENFORCEMENT OF ANY OTHER SIMILAR DAIRY PROMOTION ORDER OR IN THE ABSENCE OF ANY OTHER SUCH DAIRY PROMOTION ORDER, THE PRESIDENT MAY PAY SUCH MONEYS TO ANY ORGANIZATION OR INSTITUTION AS PROVIDED IN PARAGRAPH (B) OR (C) OF SUBDIVISION FOUR OF THIS SECTION. 9. BUDGET. THE PRESIDENT SHALL PREPARE A BUDGET FOR THE ADMINISTRATION AND OPERATING COSTS AND EXPENSES INCLUDING ADVERTISING AND SALES PROMOTION WHEN REQUIRED IN ANY DAIRY PROMOTION ORDER EXECUTED HEREUNDER AND TO PROVIDE FOR THE COLLECTION OF SUCH NECESSARY FEES OR ASSESSMENTS TO DEFRAY COSTS AND EXPENSES, IN NO CASE TO EXCEED TWO PERCENT PER HUNDREDWEIGHT OF THE GROSS VALUE OF MILK MARKETED BY PRODUCERS IN THE AREA COVERED BY THE ORDER. 10. ADVISORY BOARD. (A) ANY DAIRY PROMOTION ORDER ISSUED PURSUANT TO THIS SECTION SHALL PROVIDE FOR THE ESTABLISHMENT OF AN ADVISORY BOARD TO ADVISE AND ASSIST THE PRESIDENT IN THE ADMINISTRATION OF SUCH ORDER. THIS BOARD SHALL CONSIST OF NOT LESS THAN FIVE MEMBERS AND SHALL BE APPOINTED BY THE PRESIDENT FROM NOMINATIONS SUBMITTED BY PRODUCERS MARKETING MILK IN THE AREA TO WHICH THE ORDER APPLIES. NOMINATING PROCE- DURE, QUALIFICATION, REPRESENTATION, AND SIZE OF THE ADVISORY BOARD SHALL BE PRESCRIBED IN THE ORDER FOR WHICH SUCH BOARD WAS APPOINTED. (B) NO MEMBER OF AN ADVISORY BOARD SHALL RECEIVE A SALARY BUT SHALL BE ENTITLED TO HIS OR HER ACTUAL AND REASONABLE EXPENSES INCURRED WHILE PERFORMING HIS OR HER DUTIES AS AUTHORIZED IN THIS SECTION. (C) THE DUTIES AND RESPONSIBILITIES OF THE ADVISORY BOARD SHALL BE PRESCRIBED BY THE PRESIDENT AND HE OR SHE MAY SPECIFICALLY DELEGATE TO THE ADVISORY BOARD, BY INCLUSION IN THE DAIRY PROMOTION ORDER, ALL OR ANY OF THE FOLLOWING DUTIES AND RESPONSIBILITIES: (I) THE RECOMMENDATION TO THE PRESIDENT OF ADMINISTRATIVE RULES AND REGULATIONS RELATING TO THE ORDER. (II) RECOMMENDING TO THE PRESIDENT SUCH AMENDMENTS TO THE ORDER AS DEEMED ADVISABLE. (III) THE PREPARATION AND SUBMISSION TO THE PRESIDENT OF AN ESTIMATED BUDGET REQUIRED FOR THE PROPER OPERATION OF THE ORDER. (IV) RECOMMENDING TO THE PRESIDENT METHODS FOR ASSESSING PRODUCERS AND METHODS FOR COLLECTING THE NECESSARY FUNDS. S. 6408 103 A. 9008 (V) ASSISTING THE PRESIDENT IN THE COLLECTION AND ASSEMBLY OF INFORMA- TION AND DATA NECESSARY FOR THE PROPER ADMINISTRATION OF THE ORDER. (VI) THE PERFORMANCE OF SUCH OTHER DUTIES IN CONNECTION WITH THE ORDER AS THE PRESIDENT SHALL DESIGNATE. 11. RULES AND REGULATIONS; ENFORCEMENT. (A) THE PRESIDENT MAY, WITH THE ADVICE AND ASSISTANCE OF THE ADVISORY BOARD, MAKE AND ISSUE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO EFFECTUATE THE PROVISIONS AND INTENT OF THIS SECTION AND TO ENFORCE THE PROVISIONS OF ANY DAIRY PROMOTION ORDER, ALL OF WHICH SHALL HAVE THE FORCE AND EFFECT OF LAW. (B) THE PRESIDENT MAY INSTITUTE SUCH ACTION AT LAW OR IN EQUITY AS MAY APPEAR NECESSARY TO ENFORCE COMPLIANCE WITH ANY PROVISION OF THIS SECTION, OR ANY RULE OR REGULATION, OR DAIRY PROMOTION ORDER COMMITTED TO HIS OR HER ADMINISTRATION, AND MAY APPLY FOR RELIEF BY INJUNCTION IF NECESSARY TO PROTECT THE PUBLIC INTEREST WITHOUT BEING COMPELLED TO ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT LAW DOES NOT EXIST. SUCH APPLICATION SHALL BE MADE TO THE SUPREME COURT IN ANY DISTRICT OR COUNTY PROVIDED IN THE CIVIL PRACTICE LAW AND RULES, OR TO THE SUPREME COURT IN THE THIRD JUDICIAL DISTRICT. 12. COOPERATION BY THE DEPARTMENT OF AGRICULTURE AND MARKETS. THE PRESIDENT OF THE CORPORATION MAY REQUEST AND RECEIVE, WITHIN NINETY DAYS OF SUCH REQUEST FROM THE NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS (HEREAFTER REFERRED TO IN THIS SUBDIVISION AS THE "DEPARTMENT") SUCH ASSISTANCE, INFORMATION AND COOPERATION AS MAY BE NECESSARY FOR THE CORPORATION TO PROVIDE SERVICES WITH RESPECT TO THE ADMINISTRATION OF THE PROCEDURES SET FORTH FOR THE ISSUANCE, TERMINATION OR AMENDMENT OF ANY DAIRY PROMOTION ORDER AND/OR THE ADMINISTRATION OF ANY SUCH ORDER. THE CORPORATION SHALL RETAIN AN AMOUNT EQUAL TO THE EXPENSES INCURRED BY THE CORPORATION IN PERFORMING ITS DUTIES PURSUANT TO THIS SECTION AND REIMBURSE THE DEPARTMENT AN AMOUNT EQUAL TO THE EXPENSES INCURRED BY THE DEPARTMENT IN SUPPLYING SUCH SERVICES, SUBSEQUENT TO SUBMISSION AND AUDIT OF A VOUCHER THEREFOR. SUCH REIMBURSEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FUNDS COLLECTED BY THE CORPORATION PURSUANT TO THIS SECTION LESS THE REASONABLE EXPENSES INCURRED BY THE CORPORATION IN PERFORMING ITS DUTIES PURSUANT TO THIS SECTION. 13. INDEMNIFICATION. THE STATE SHALL DEFEND, INDEMNIFY AND HOLD HARM- LESS THE CORPORATION, ITS DIRECTORS, OFFICERS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, COSTS AND EXPENSES WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM, OR RELATING TO, THE ADMINISTRATION OF A DAIRY PROMOTION ORDER ISSUED OR ADMINISTERED PURSUANT TO THIS SECTION. IN CONNECTION WITH THE FOREGOING, THE CORPO- RATION SHALL GIVE THE STATE (A) PROMPT WRITTEN NOTICE OF ANY ACTION, CLAIM OR THREAT OF SUIT, (B) THE OPPORTUNITY TO TAKE OVER, SETTLE OR DEFEND SUCH ACTION, CLAIM OR SUIT AT THE STATE'S SOLE EXPENSE, AND (C) ASSISTANCE IN THE DEFENSE OF ANY SUCH ACTION AT THE EXPENSE OF THE STATE. 14. CONTRACTUAL PROVISIONS. THE CORPORATION MAY CONTRACT FOR SERVICES WITH RESPECT TO THE IMPLEMENTATION OF THIS SECTION IN ACCORDANCE WITH THE CORPORATION'S POLICIES, PROCEDURES AND GUIDELINES. NOTWITHSTANDING SECTION 2879 OF THE PUBLIC AUTHORITIES LAW OR ANY OTHER LAW TO THE CONTRARY, ANY SUCH CONTRACT MAY BE PROCURED BY THE CORPORATION ON A SOLE-SOURCE BASIS, AND SHALL NOT BE SUBJECT TO COMPETITIVE BID OR COMPETITIVE REQUEST FOR PROPOSAL REQUIREMENTS. S 16-Y. MARKETING OF AGRICULTURAL PRODUCTS. DECLARATION OF POLICY. (A) IT IS HEREBY DECLARED THAT THE MISSION OF THE CORPORATION IS TO PROMOTE A VIGOROUS AND GROWING STATE ECONOMY. IN IMPLEMENTING THIS MISSION, THE CORPORATION HAS UNDERTAKEN A VIGOROUS CAMPAIGN TO MARKET THE STATE'S S. 6408 104 A. 9008 ASSETS AND BY CARRYING OUT THE PROVISIONS OF THIS SECTION, WOULD FURTHER THIS MISSION BY PROMOTING THE DEVELOPMENT OF MARKETS FOR AGRICULTURAL PRODUCTS GROWN AND PRODUCED IN THE STATE. (B) IT IS FURTHER DECLARED THAT THE MARKETING OF AGRICULTURAL COMMOD- ITIES AND AQUATIC PRODUCTS IN THIS STATE, IN EXCESS OF REASONABLE AND NORMAL MARKET DEMANDS THEREFOR; DISORDERLY MARKETING OF SUCH COMMOD- ITIES; IMPROPER PREPARATION FOR MARKET AND LACK OF UNIFORM GRADING AND CLASSIFICATION OF AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS; UNFAIR METHODS OF COMPETITION IN THE MARKETING OF SUCH COMMODITIES AND THE INABILITY OF INDIVIDUAL PRODUCERS TO DEVELOP NEW AND LARGER MARKETS FOR AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS, RESULT IN AN UNREASONABLE AND UNNECESSARY ECONOMIC WASTE OF THE AGRICULTURAL WEALTH OF THIS STATE. SUCH CONDITIONS AND THE ACCOMPANYING WASTE JEOPARDIZE THE FUTURE CONTIN- UED PRODUCTION OF ADEQUATE FOOD SUPPLIES FOR THE PEOPLE OF THIS AND OTHER STATES. THESE CONDITIONS VITALLY CONCERN THE HEALTH, SAFETY AND GENERAL WELFARE OF THE PEOPLE OF THIS STATE. IT IS THEREFORE DECLARED THE LEGISLATIVE PURPOSE AND THE POLICY OF THIS STATE: (I) TO ENABLE AGRICULTURAL PRODUCERS AND AQUATIC PRODUCERS OF THIS STATE, WITH THE AID OF THE STATE, MORE EFFECTIVELY TO CORRELATE THE MARKETING OF THEIR AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS WITH MARKET DEMANDS THEREFOR. (II) TO ESTABLISH ORDERLY, EFFICIENT AND EQUITABLE MARKETING OF AGRI- CULTURAL COMMODITIES AND AQUATIC PRODUCTS. (III) TO PROVIDE FOR UNIFORM GRADING AND PROPER PREPARATION OF AGRI- CULTURAL COMMODITIES AND AQUATIC PRODUCTS FOR MARKET. (IV) TO PROVIDE METHODS AND MEANS FOR THE DEVELOPMENT OF NEW AND LARG- ER MARKETS FOR AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS PRODUCED IN NEW YORK. (V) TO ELIMINATE OR REDUCE THE ECONOMIC WASTE IN THE MARKETING OF AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS. (VI) TO ELIMINATE UNJUST IMPAIRMENT OF THE PURCHASING POWER OF AQUATIC PRODUCERS AND THE AGRICULTURAL PRODUCERS OF THIS STATE; AND (VII) TO AID AGRICULTURAL AND AQUATIC PRODUCERS IN MAINTAINING AN INCOME AT AN ADEQUATE AND EQUITABLE LEVEL. 2. DEFINITIONS. (A) "AGRICULTURAL COMMODITY" MEANS ANY AND ALL AGRI- CULTURAL, HORTICULTURAL, VINEYARD PRODUCTS, CORN FOR GRAIN, OATS, SOYBE- ANS, BARLEY, WHEAT, POULTRY OR POULTRY PRODUCTS, BEES, MAPLE SAP AND PURE MAPLE PRODUCTS PRODUCED THEREFROM, CHRISTMAS TREES, LIVESTOCK, INCLUDING SWINE, AND HONEY, SOLD IN THE STATE EITHER IN THEIR NATURAL STATE OR AS PROCESSED BY THE PRODUCER THEREOF BUT DOES NOT INCLUDE MILK, TIMBER OR TIMBER PRODUCTS, OTHER THAN CHRISTMAS TREES, ALL HAY, RYE AND LEGUMES EXCEPT FOR SOYBEANS. (B) "AQUACULTURE" MEANS THE CULTURE, CULTIVATION AND HARVEST OF AQUAT- IC PLANTS AND ANIMALS. (C) "AQUATIC PRODUCTS" MEANS ANY FOOD OR FIBER PRODUCTS OBTAINED THROUGH THE PRACTICE OF AQUACULTURE, INCLUDING MARICULTURE; OR BY HARVEST FROM THE SEA WHEN SUCH PRODUCTS ARE CULTURED OR LANDED IN THIS STATE. SUCH PRODUCTS INCLUDE BUT ARE NOT LIMITED TO FISH, SHELLFISH, SEAWEED OR OTHER WATER BASED PLANT LIFE. (D) "PRODUCER" MEANS ANY PERSON ENGAGED WITHIN THIS STATE IN THE BUSI- NESS OF PRODUCING, OR CAUSING TO BE PRODUCED FOR ANY MARKET, ANY AGRI- CULTURAL COMMODITY OR AQUATIC PRODUCT. (E) "HANDLER" MEANS ANY PERSON ENGAGED IN THE OPERATION OF PACKING, GRADING, SELLING, OFFERING FOR SALE OR MARKETING ANY MARKETABLE AGRICUL- S. 6408 105 A. 9008 TURAL COMMODITIES OR AQUATIC PRODUCTS, WHO AS OWNER, AGENT OR OTHERWISE SHIPS OR CAUSES AN AGRICULTURAL COMMODITY TO BE SHIPPED. (F) "PROCESSOR" MEANS ANY PERSON ENGAGED WITHIN THIS STATE IN PROCESS- ING, OR IN THE OPERATION OF RECEIVING, GRADING, PACKING, CANNING, FREEZ- ING, DEHYDRATING, FERMENTING, DISTILLING, EXTRACTING, PRESERVING, GRIND- ING, CRUSHING, OR IN ANY OTHER WAY PRESERVING OR CHANGING THE FORM OF AN AGRICULTURAL PRODUCT OR AQUATIC PRODUCT FOR THE PURPOSE OF MARKETING SUCH COMMODITY BUT SHALL NOT INCLUDE A PERSON ENGAGED IN MANUFACTURING FROM AN AGRICULTURAL COMMODITY OR AQUATIC PRODUCT ANOTHER AND DIFFERENT PRODUCT. (G) "DISTRIBUTOR" MEANS ANY PERSON ENGAGED WITHIN THIS STATE, IN SELL- ING, OFFERING FOR SALE, MARKETING OR DISTRIBUTING AN AGRICULTURAL COMMODITY OR AQUATIC PRODUCT WHICH HE OR SHE HAS PURCHASED OR ACQUIRED FROM A PRODUCER OR OTHER PERSON OR WHICH HE OR SHE IS MARKETING ON BEHALF OF A PRODUCER OR OTHER PERSON, WHETHER AS OWNER, AGENT, EMPLOYEE, BROKER OR OTHERWISE, BUT SHALL NOT INCLUDE A RETAILER, EXCEPT SUCH RETAILER WHO PURCHASES OR ACQUIRES FROM, OR HANDLES ON BEHALF OF ANY PRODUCER OR OTHER PERSON, AN AGRICULTURAL COMMODITY OR AQUATIC PRODUCT SUBJECT TO REGULATION BY THE MARKETING AGREEMENT OR ORDER COVERING SUCH COMMODITY. (H) "PRESIDENT" MEANS THE PRESIDENT OF THE CORPORATION. (I) "MARKETING AGREEMENT" MEANS AN AGREEMENT ENTERED INTO, WITH THE APPROVAL OF THE PRESIDENT, BY PRODUCERS WITH DISTRIBUTORS, PROCESSORS AND HANDLERS REGULATING THE PREPARATION, SALE AND HANDLING OF AGRICUL- TURAL COMMODITIES OR AQUATIC PRODUCTS. (J) "MARKETING ORDER" MEANS AN ORDER ISSUED BY THE PRESIDENT PURSUANT TO THIS SECTION, PRESCRIBING RULES AND REGULATIONS GOVERNING THE MARKET- ING FOR PROCESSING, THE DISTRIBUTING, THE SALE OF, OR THE HANDLING IN ANY MANNER OF ANY AGRICULTURAL COMMODITY OR AQUATIC PRODUCT SOLD IN THIS STATE DURING ANY SPECIFIED PERIOD OR PERIODS. 3. POWERS AND DUTIES OF THE PRESIDENT. (A) IN ORDER TO EFFECTUATE THE DECLARED POLICY OF THIS SECTION, THE PRESIDENT, IN CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE AND MARKETS, MAY, AFTER DUE NOTICE AND OPPORTUNITY FOR HEARING, APPROVE MARKETING AGREEMENTS, WHICH MARKETING AGREEMENTS SHALL THEREUPON BE BINDING UPON THE SIGNATORIES THERETO EXCLUSIVELY. (B) THE PRESIDENT MAY MAKE AND ISSUE MARKETING ORDERS, AFTER DUE NOTICE AND OPPORTUNITY FOR HEARING, SUBJECT TO: (I) APPROVAL OF NOT LESS THAN SIXTY-SIX AND TWO-THIRDS PER CENTUM OF THE PRODUCERS PARTICIPATING IN A REFERENDUM IN THE AREA AFFECTED, OR (II) APPROVAL OF NOT LESS THAN SIXTY-FIVE PER CENTUM OF THE PRODUCERS PARTICIPATING IN A REFERENDUM VOTE, IN THE AREA AFFECTED, AND HAVING MARKETED NOT LESS THAN FIFTY-ONE PER CENTUM OF THE TOTAL QUANTITY OF THE COMMODITY WHICH WAS MARKETED IN THE NEXT PRECEDING, ORDINARY MARKETING SEASON BY ALL PRODUCERS THAT VOTED IN THE REFERENDUM, OR (III) APPROVAL OF NOT LESS THAN FIFTY-ONE PER CENTUM OF THE PRODUCERS PARTICIPATING IN A REFERENDUM VOTE, IN THE AREA AFFECTED, AND HAVING MARKETED NOT LESS THAN SIXTY-FIVE PER CENTUM OF THE TOTAL QUANTITY OF THE COMMODITY WHICH WAS MARKETED IN THE NEXT PRECEDING, ORDINARY MARKET- ING SEASON BY ALL PRODUCERS THAT VOTED IN THE REFERENDUM. THE PRESIDENT MAY, AND UPON WRITTEN PETITION DULY SIGNED BY TWENTY-FIVE PER CENTUM OF THE PRODUCERS IN THE AREA AMEND OR TERMINATE SUCH ORDER AFTER DUE NOTICE AND OPPORTUNITY FOR HEARING, BUT SUBJECT TO THE APPROVAL OF NOT LESS THAN FIFTY PER CENTUM OF SUCH PRODUCERS PARTICIPATING IN A REFERENDUM VOTE. S. 6408 106 A. 9008 (C) THE PRESIDENT SHALL ADMINISTER AND ENFORCE ANY MARKETING ORDER, WHILE IT IS IN EFFECT, TO: (I) ENCOURAGE AND MAINTAIN STABLE PRICES RECEIVED BY PRODUCERS FOR SUCH AGRICULTURAL COMMODITY AND AQUATIC PRODUCT AT A LEVEL WHICH IS CONSISTENT WITH THE PROVISIONS AND AIMS OF THIS ACT. (II) PREVENT THE UNREASONABLE OR UNNECESSARY WASTE OF LAND OR WATER BASED WEALTH. (III) PROTECT THE INTERESTS OF CONSUMERS OF SUCH COMMODITY, BY EXER- CISING THE POWERS OF THIS SECTION TO SUCH EXTENT AS IS NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ACT. (IV) PREPARE A BUDGET FOR THE ADMINISTRATION AND OPERATING COSTS AND EXPENSES INCLUDING ADVERTISING AND SALES PROMOTION WHEN REQUIRED IN ANY MARKETING AGREEMENT OR ORDER EXECUTED IN THIS SECTION AND TO PROVIDE FOR THE COLLECTION AND RETENTION OF SUCH NECESSARY FEES TO DEFRAY SUCH COSTS AND EXPENSES, IN NO CASE TO EXCEED FIVE PERCENT OF THE GROSS DOLLAR VOLUME OF SALES OR DOLLAR VOLUME OF PURCHASES OR AMOUNTS HANDLED, TO BE COLLECTED FROM EACH PERSON ENGAGED IN THE PRODUCTION, PROCESSING, DISTRIBUTING OR THE HANDLING OF ANY MARKETABLE AGRICULTURAL COMMODITY AND AQUATIC PRODUCT PRODUCED OR LANDED IN THIS STATE AND DIRECTLY AFFECTED BY ANY MARKETING ORDER ISSUED PURSUANT TO THIS SECTION FOR SUCH COMMODITY. (V) CONFER AND COOPERATE WITH THE LEGALLY CONSTITUTED AUTHORITIES OF OTHER STATES AND THE UNITED STATES. (D) ANY MARKETING AGREEMENT OR ORDER ISSUED BY THE PRESIDENT PURSUANT TO THIS SECTION MAY CONTAIN ANY OR ALL OF THE FOLLOWING: (I) PROVISIONS FOR DETERMINING THE EXISTENCE AND EXTENT OF THE SURPLUS OF ANY AGRICULTURAL COMMODITY, OR OF ANY GRADE, SIZE OR QUALITY THEREOF, AND PROVIDING FOR THE REGULATION AND DISPOSITION OF SUCH SURPLUS. (II) PROVISIONS FOR LIMITING THE TOTAL QUANTITY OF ANY AGRICULTURAL PRODUCT, OR OF ANY GRADE OR GRADES, SIZE OR SIZES, OR QUALITY OR PORTIONS OR COMBINATIONS THEREOF, WHICH MAY BE MARKETED DURING ANY SPEC- IFIED PERIOD OR PERIODS. SUCH TOTAL QUANTITY OF ANY SUCH COMMODITY SO REGULATED SHALL NOT BE LESS THAN THE QUANTITY WHICH THE PRESIDENT SHALL FIND IS REASONABLY NECESSARY TO SUPPLY THE MARKET DEMAND OF CONSUMERS FOR SUCH COMMODITY. (III) PROVISIONS REGULATING TO THE PERIOD, OR PERIODS, DURING WHICH ANY AGRICULTURAL COMMODITY, OR ANY GRADE OR GRADES, SIZE OR SIZES OR QUALITY OR PORTIONS OR COMBINATIONS OF SUCH COMMODITY, MAY BE MARKETED. (IV) PROVISIONS FOR THE ESTABLISHMENT OF UNIFORM GRADING, STANDARDS, AND INSPECTION OF ANY AGRICULTURAL COMMODITY DELIVERED BY PRODUCERS OR OTHER PERSONS TO HANDLERS, PROCESSORS, DISTRIBUTORS OR OTHERS ENGAGING IN THE HANDLING THEREOF, AND FOR THE ESTABLISHMENT OF GRADING OR STAND- ARDS OF QUALITY, CONDITION, SIZE, MATURITY OR PACK FOR ANY AGRICULTURAL COMMODITY, AND THE INSPECTION AND GRADING OF SUCH COMMODITY IN ACCORD- ANCE WITH SUCH GRADING OR STANDARDS SO ESTABLISHED; AND FOR PROVISIONS THAT NO PRODUCER, HANDLER, PROCESSOR OR DISTRIBUTOR OF ANY AGRICULTURAL COMMODITY FOR WHICH GRADING OR STANDARDS ARE SO ESTABLISHED MAY, EXCEPT AS OTHERWISE PROVIDED IN SUCH MARKETING AGREEMENT OR ORDER, SELL, OFFER FOR SALE, PROCESS, DISTRIBUTE OR OTHERWISE HANDLE ANY SUCH COMMODITY WHETHER PRODUCED WITHIN OR WITHOUT THIS STATE, NOT MEETING AND COMPLYING WITH SUCH ESTABLISHED GRADING OR STANDARDS. FOR THE PURPOSES OF THIS SECTION, THE FEDERAL-STATE INSPECTION SERVICE SHALL PERFORM ALL INSPECTIONS MADE NECESSARY BY SUCH PROVISIONS. (V) PROVISIONS FOR THE ESTABLISHMENT OF RESEARCH PROGRAMS DESIGNED TO BENEFIT A SPECIFIED COMMODITY OR NEW YORK AGRICULTURE IN GENERAL. S. 6408 107 A. 9008 (VI) PROVISIONS FOR THE PRESIDENT TO RETAIN MONEY COLLECTED UNDER ANY MARKETING ORDER ISSUED PURSUANT TO THIS SECTION TO DEFRAY THE COSTS AND EXPENSES IN THE ADMINISTRATION THEREOF. (VII) SUCH OTHER PROVISIONS AS MAY BE NECESSARY TO EFFECTUATE THE DECLARED POLICIES OF THIS SECTION. (VIII) PROVISIONS TO ESTABLISH MARKETING PROMOTION AND RESEARCH PROGRAMS FOR AQUATIC PRODUCTS WHICH MAY INCLUDE SUBPARAGRAPHS (I) THROUGH (VII) OF THIS PARAGRAPH. (E) THE PRESIDENT MAY TEMPORARILY SUSPEND THE OPERATION OF AN EFFEC- TIVE MARKETING ORDER FOR A CONTINUING PERIOD OF NOT LONGER THAN ONE GROWING AND MARKETING SEASON, IF THE PURPOSES OF THIS SECTION ARE DEEMED UNNECESSARY DURING SUCH SEASON. (F) IN CARRYING OUT THE PURPOSES OF THIS SECTION, THE PRESIDENT, IN CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE AND MARKETS, SHALL TAKE INTO CONSIDERATION ANY AND ALL FACTS AVAILABLE TO HIM OR HER WITH RESPECT TO THE FOLLOWING ECONOMIC FACTORS: (I) THE QUANTITY OF SUCH AGRICULTURAL COMMODITY AVAILABLE FOR DISTRIB- UTION. (II) THE QUANTITY OF SUCH AGRICULTURAL COMMODITY NORMALLY REQUIRED BY CONSUMERS. (III) THE COST OF PRODUCING SUCH AGRICULTURAL COMMODITY. (IV) THE PURCHASING POWER OF CONSUMERS. (V) THE LEVEL OF PRICES OF COMMODITIES, SERVICES AND SECTIONS WHICH THE FARMERS COMMONLY BUY. (VI) THE LEVEL OF PRICES OF OTHER COMMODITIES WHICH COMPETE WITH OR ARE UTILIZED AS SUBSTITUTES FOR SUCH AGRICULTURAL COMMODITY. (G) THE EXECUTION OF SUCH MARKETING AGREEMENTS SHALL IN NO MANNER AFFECT THE ISSUANCE, ADMINISTRATION OR ENFORCEMENT OF ANY MARKETING ORDER PROVIDED FOR IN THIS SECTION. THE PRESIDENT MAY ISSUE SUCH MARKET- ING ORDER WITHOUT EXECUTING A MARKETING AGREEMENT OR MAY EXECUTE A MARKETING AGREEMENT WITHOUT ISSUING A MARKETING ORDER COVERING THE SAME COMMODITY. THE PRESIDENT, IN HIS OR HER DISCRETION, MAY HOLD A CONCUR- RENT HEARING UPON A PROPOSED MARKETING AGREEMENT AND A PROPOSED MARKET- ING ORDER IN THE MANNER PROVIDED FOR GIVING DUE NOTICE AND OPPORTUNITY FOR HEARING FOR A MARKETING ORDER AS PROVIDED IN THIS SECTION. (H) PRIOR TO THE ISSUANCE, AMENDMENT OR TERMINATION OF ANY MARKETING ORDER, THE PRESIDENT MAY REQUIRE THE APPLICANTS FOR SUCH ISSUANCE, AMENDMENT OR TERMINATION TO DEPOSIT WITH HIM OR HER SUCH AMOUNT AS HE OR SHE MAY DEEM NECESSARY TO DEFRAY THE EXPENSES OF PREPARING AND MAKING EFFECTIVE AMENDING OR TERMINATING A MARKETING ORDER. SUCH FUNDS SHALL BE RECEIVED, DEPOSITED AND DISBURSED BY THE PRESIDENT IN THE SAME MANNER AS OTHER FEES RECEIVED BY HIM OR HER UNDER THIS SECTION AND, IN THE EVENT THE APPLICATION FOR ADOPTION, AMENDMENT OR TERMINATION OF A MARKETING ORDER IS APPROVED IN A REFERENDUM, THE PRESIDENT SHALL REIMBURSE ANY SUCH APPLICANT IN THE AMOUNT OF ANY SUCH DEPOSIT FROM ANY UNEXPENDED MONIES COLLECTED UNDER THE MARKETING ORDER AFFECTED BY SUCH REFERENDUM. (I) ANY MONEYS COLLECTED BY THE PRESIDENT PURSUANT TO THIS SECTION SHALL NOT BE DEEMED STATE FUNDS AND SHALL BE DEPOSITED IN A BANK OR OTHER DEPOSITORY OF THE CORPORATION, APPROVED BY THE PRESIDENT, ALLO- CATED TO EACH MARKETING ORDER UNDER WHICH THEY ARE COLLECTED, AND SHALL BE DISBURSED BY THE PRESIDENT ONLY FOR THE NECESSARY EXPENSES INCURRED BY THE PRESIDENT WITH RESPECT TO EACH SUCH SEPARATE MARKETING ORDER, ALL IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE PRESIDENT. ALL SUCH EXPENDITURES SHALL BE AUDITED BY THE CORPORATION AT LEAST ANNUALLY. ANY MONEYS REMAINING IN SUCH FUND ALLOCABLE TO ANY PARTICULAR COMMODITY AFFECTED BY A MARKETING ORDER MAY, IN THE DISCRETION OF THE PRESIDENT, S. 6408 108 A. 9008 BE REFUNDED AT THE CLOSE OF ANY MARKETING SEASON UPON A PRO-RATA BASIS TO ALL PERSONS FROM WHOM ASSESSMENTS THEREFOR WERE COLLECTED OR, WHENEV- ER THE PRESIDENT FINDS THAT SUCH MONEYS MAY BE NECESSARY TO DEFRAY THE COST OF OPERATING SUCH MARKETING ORDER IN A SUCCEEDING MARKETING SEASON, HE OR SHE MAY CARRY OVER ALL OR ANY PORTION OF SUCH MONEYS INTO THE NEXT SUCH SUCCEEDING SEASON. UPON THE TERMINATION BY THE PRESIDENT OF ANY MARKETING ORDER, ALL MONEYS REMAINING AND NOT REQUIRED BY THE PRESIDENT TO DEFRAY THE EXPENSES OF OPERATING SUCH MARKETING ORDER, SHALL BE REFUNDED BY THE PRESIDENT UPON A PRO-RATA BASIS TO ALL PERSONS FROM WHOM ASSESSMENTS THEREFOR WERE COLLECTED; PROVIDED, HOWEVER, THAT IF THE PRESIDENT FINDS THAT THE AMOUNTS SO REFUNDABLE ARE SO SMALL AS TO MAKE IMPRACTICABLE THE COMPUTATION AND REFUNDING OF SUCH REFUNDS, THE PRESI- DENT MAY USE SUCH MONEYS TO DEFRAY THE EXPENSES INCURRED BY HIM OR HER IN THE FORMULATION, ISSUANCE, ADMINISTRATION OR ENFORCEMENT OF ANY SUBSEQUENT MARKETING ORDER FOR SUCH COMMODITY. (J) ADVISORY BOARD. (I) ANY MARKETING ORDER ISSUED PURSUANT TO THIS SECTION SHALL PROVIDE FOR THE ESTABLISHMENT OF AN ADVISORY BOARD, TO CONSIST OF NOT LESS THAN FIVE MEMBERS NOR MORE THAN NINE MEMBERS, TO ADVISE THE PRESIDENT IN THE ADMINISTRATION OF SUCH MARKETING ORDER IN ACCORDANCE WITH ITS TERMS AND PROVISIONS. THE MEMBERS OF SAID BOARD SHALL BE APPOINTED BY THE PRESIDENT FROM NOMINATIONS RECEIVED FROM THE COMMODITY GROUP FOR WHICH THE MARKETING ORDER IS ESTABLISHED. NOMINATING PROCEDURE, QUALIFICATION, REPRESENTATION AND SIZE OF THE ADVISORY BOARD SHALL BE PRESCRIBED IN EACH MARKETING ORDER FOR WHICH SUCH BOARD IS APPOINTED. EACH ADVISORY BOARD SHALL BE COMPOSED OF SUCH PRODUCERS AND HANDLERS OR PROCESSORS AS ARE DIRECTLY AFFECTED BY THE MARKETING ORDER IN SUCH PROPORTION OF REPRESENTATION AS THE ORDER SHALL PRESCRIBE. THE PRESIDENT MAY APPOINT ONE PERSON WHO IS NEITHER A PRODUCER, PROCESSOR OR OTHER HANDLER TO REPRESENT THE DEPARTMENT OF AGRICULTURE AND MARKETS, THE CORPORATION, OR THE PUBLIC GENERALLY. (II) NO MEMBER OF AN ADVISORY BOARD SHALL RECEIVE A SALARY, BUT EACH SHALL BE ENTITLED TO HIS OR HER ACTUAL EXPENSES INCURRED WHILE ENGAGED IN PERFORMING HIS OR HER DUTIES HEREIN AUTHORIZED. (III) THE DUTIES AND RESPONSIBILITIES OF EACH ADVISORY BOARD SHALL BE PRESCRIBED BY THE PRESIDENT, AND HE OR SHE MAY SPECIFICALLY DELEGATE TO THE ADVISORY BOARD, BY INCLUSION IN THE MARKETING ORDER, ALL OR ANY OF THE FOLLOWING DUTIES AND RESPONSIBILITIES: (A) THE RECOMMENDATION TO THE PRESIDENT OF ADMINISTRATIVE RULES AND REGULATIONS RELATING TO THE MARKETING ORDER. (B) RECOMMENDING TO THE PRESIDENT SUCH AMENDMENTS TO THE MARKETING ORDER AS DEEMED ADVISABLE. (C) THE PREPARATION AND SUBMISSION TO THE PRESIDENT OF THE ESTIMATED BUDGET REQUIRED FOR THE PROPER OPERATION OF THE MARKETING ORDER. (D) RECOMMENDING TO THE PRESIDENT METHODS FOR ASSESSING MEMBERS OF THE INDUSTRY AND METHODS FOR COLLECTING THE NECESSARY FUNDS. (E) ASSISTING THE PRESIDENT IN THE COLLECTION AND ASSEMBLING OF INFOR- MATION AND DATA NECESSARY TO THE PROPER ADMINISTRATION OF THE ORDER. (F) THE PERFORMANCE OF SUCH OTHER DUTIES IN CONNECTION WITH THE MARKETING ORDER AS THE PRESIDENT SHALL DESIGNATE. 4. RULES AND REGULATIONS; ENFORCEMENT. THE PRESIDENT MAY MAKE AND PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO EFFECTUATE THE PROVISIONS AND INTENT OF THIS SECTION AND TO ENFORCE THE PROVISION OF ANY MARKETING AGREEMENT OR ORDER, ALL OF WHICH SHALL HAVE THE FORCE AND EFFECT OF LAW. THE PRESIDENT MAY INSTITUTE SUCH ACTION AT LAW OR IN EQUITY AS MAY APPEAR NECESSARY TO ENFORCE COMPLIANCE WITH ANY PROVISION OF THIS S. 6408 109 A. 9008 SECTION, OR ANY RULE OR REGULATION, MARKETING AGREEMENT OR ORDER, COMMITTED TO HIS OR HER ADMINISTRATION, AND IN ADDITION MAY APPLY FOR RELIEF BY INJUNCTION IF NECESSARY TO PROTECT THE PUBLIC INTEREST WITHOUT BEING COMPELLED TO ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT LAW DOES NOT EXIST. SUCH APPLICATION MAY BE MADE TO THE SUPREME COURT IN ANY DISTRICT OR COUNTY AS PROVIDED IN THE CIVIL PRACTICE LAW AND RULES, OR TO THE SUPREME COURT IN THE THIRD JUDICIAL DISTRICT. 5. COOPERATION BY THE DEPARTMENT OF AGRICULTURE AND MARKETS. THE PRES- IDENT OF THE CORPORATION MAY REQUEST AND RECEIVE, WITHIN NINETY DAYS OF SUCH REQUEST, FROM THE NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS (HEREINAFTER REFERRED TO IN THIS SUBDIVISION AS THE "DEPART- MENT") SUCH ASSISTANCE, INFORMATION AND COOPERATION AS MAY BE NECESSARY FOR THE CORPORATION TO PROVIDE SERVICES WITH RESPECT TO THE ADMINIS- TRATION OF THE PROCEDURES SET FORTH FOR THE ISSUANCE, TERMINATION OR AMENDMENT OF ANY AGRICULTURAL, COMMODITIES OR AQUATIC ORDER AND/OR THE ADMINISTRATION OF ANY SUCH ORDER. THE CORPORATION SHALL RETAIN AN AMOUNT EQUAL TO THE EXPENSES INCURRED BY THE CORPORATION IN PERFORMING ITS DUTIES PURSUANT TO THIS SECTION AND REIMBURSE THE DEPARTMENT AN AMOUNT EQUAL TO THE EXPENSES INCURRED BY THE DEPARTMENT IN SUPPLYING SUCH SERVICES, SUBSEQUENT TO SUBMISSION AND AUDIT OF A VOUCHER THEREFOR. SUCH REIMBURSEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FUNDS COLLECTED BY THE CORPORATION PURSUANT TO THIS SECTION LESS THE REASONABLE EXPENSES INCURRED BY THE CORPORATION IN PERFORMING ITS DUTIES PURSUANT TO THIS SECTION. 6. INDEMNIFICATION. THE STATE SHALL DEFEND, INDEMNIFY AND HOLD HARM- LESS THE CORPORATION, ITS DIRECTORS, OFFICERS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, COSTS AND EXPENSES WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM, OR RELATING TO, THE ADMINISTRATION OF ANY AGRICULTURAL, COMMODITIES OR AQUATIC PROMOTION ORDER ISSUED OR ADMINISTERED PURSUANT TO THIS SECTION. IN CONNECTION WITH THE FOREGOING, THE CORPORATION SHALL GIVE THE STATE (A) PROMPT WRITTEN NOTICE OF ANY ACTION, CLAIM OR THREAT OF SUIT, (B) THE OPPORTUNITY TO TAKE OVER, SETTLE OR DEFEND SUCH ACTION, CLAIM OR SUIT AT THE STATE'S SOLE EXPENSE, AND (C) ASSISTANCE IN THE DEFENSE OF ANY SUCH ACTION AT THE EXPENSE OF THE STATE. 7. CONTRACTUAL PROVISIONS. THE CORPORATION MAY CONTRACT FOR SERVICES WITH RESPECT TO THE IMPLEMENTATION OF THIS SECTION IN ACCORDANCE WITH THE CORPORATION'S POLICIES, PROCEDURES AND GUIDELINES. NOTWITHSTANDING SECTION 2879 OF THE PUBLIC AUTHORITIES LAW OR ANY OTHER LAW TO THE CONTRARY, ANY SUCH CONTRACT MAY BE PROCURED BY THE CORPORATION ON A SOLE-SOURCE BASIS, AND SHALL NOT BE SUBJECT TO COMPETITIVE BID OR COMPETITIVE REQUEST FOR PROPOSAL REQUIREMENTS. S 16-Z. MARKETING ORDERS. THE MARKETING ORDERS, THE REGULATORY PROVISIONS RELATING THERETO, SET FORTH IN TITLE ONE OF THE OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK PARTS 40, 200, 201, 203, 204, AND 205, AND THE CONTRACTS RELATING THERE- TO SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL AMENDED OR REPEALED PURSUANT TO THE STATUTORY AUTHORITY SET FORTH IN SECTIONS 16-X AND 16-Y OF THIS ACT EXCEPT THAT: (A) SUCH MARKETING ORDERS, THE REGULATORY PROVISIONS RELATING THERETO, AND THE CONTRACTS RELATING THERETO SHALL BE ADMINISTERED BY AND UNDER THE SUPERVISION OF THE PRESIDENT OF THE CORPO- RATION AS OF THE EFFECTIVE DATE OF SECTIONS 16-X AND 16-Y OF THIS ACT; (B) ALL UNDISBURSED FUNDS UNDER THE CONTROL OF THE DEPARTMENT OF AGRI- CULTURE AND MARKETS SHALL BE TRANSFERRED TO THE CORPORATION ON OR BEFORE SUCH EFFECTIVE DATE; AND (C) ANY ASSESSMENTS DUE AND PAYABLE UNDER SUCH S. 6408 110 A. 9008 MARKETING ORDERS SHALL BE REMITTED TO THE CORPORATION STARTING 30 DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. S 3. This act shall take effect on the ninetieth day after it shall have become a law and shall expire and be deemed repealed five years after such date; provided, however, that any assessment due and payable under such marketing orders shall be remitted to the urban development corporation starting 30 days after such effective date. PART T Section 1. Subdivision 1 and the opening paragraph of subdivision 2 of section 27-1905 of the environmental conservation law, as amended by section 1 of part G of chapter 58 of the laws of 2013, are amended to read as follows: 1. [Until December thirty-first, two thousand sixteen, accept] ACCEPT from a customer, waste tires of approximately the same size and in a quantity equal to the number of new tires purchased or installed by the customer; and [Until December thirty-first, two thousand sixteen, post] POST written notice in a prominent location, which must be at least eight and one- half inches by fourteen inches in size and contain the following language: S 2. The opening paragraph of subdivisions 1, 2 and 3 and paragraph (a) of subdivision 6 of section 27-1913 of the environmental conserva- tion law, as amended by section 2 of part G of chapter 58 of the laws of 2013, are amended to read as follows: [Until December thirty-first, two thousand sixteen, a] A waste tire management and recycling fee of two dollars and fifty cents shall be charged on each new tire sold. The fee shall be paid by the purchaser to the tire service at the time the new tire or new motor vehicle is purchased. [Until December thirty-first, two thousand sixteen, the] THE tire service shall collect the waste tire management and recycling fee from the purchaser at the time of the sale and shall remit such fee to the department of taxation and finance with the quarterly report filed pursuant to subdivision three of this section. [Until March thirty-first, two thousand seventeen, each] EACH tire service maintaining a place of business in this state shall make a return to the department of taxation and finance on a quarterly basis, with the return for December, January, and February being due on or before the immediately following March thirty-first; the return for March, April, and May being due on or before the immediately following June thirtieth; the return for June, July, and August being due on or before the immediately following September thirtieth; and the return for September, October, and November being due on or before the immediately following December thirty-first. (a) [Until December thirty-first, two thousand sixteen, any] ANY addi- tional waste tire management and recycling costs of the tire service in excess of the amount authorized to be retained pursuant to paragraph (b) of subdivision two of this section may be included in the published selling price of the new tire, or charged as a separate per-tire charge on each new tire sold. When such costs are charged as a separate per- tire charge: (i) such charge shall be stated as an invoice item separate and distinct from the selling price of the tire; (ii) the invoice shall state that the charge is imposed at the sole discretion of the tire service; and (iii) the amount of such charge shall reflect the actual S. 6408 111 A. 9008 cost to the tire service for the management and recycling of waste tires accepted by the tire service pursuant to section 27-1905 of this title, provided however, that in no event shall such charge exceed two dollars and fifty cents on each new tire sold. S 3. This act shall take effect immediately. PART U Section 1. Paragraph a of subdivision 2 of section 92-s of the state finance law, as added by chapter 610 of the laws of 1993, is amended to read as follows: a. The comptroller shall establish the following separate and distinct accounts within the environmental protection fund: (i) solid waste account; (ii) parks, recreation and historic preservation account; (iii) open space account; [and] (iv) CLIMATE CHANGE MITIGATION AND ADAPTATION ACCOUNT; AND (V) environmental protection transfer account. S 2. Paragraph (b) of subdivision 6 of section 92-s of the state finance law, as amended by chapter 432 of the laws of 1997, is amended to read as follows: (b) Moneys from the solid waste account shall be available, pursuant to appropriation and upon certificate of approval of availability by the director of the budget, for any non-hazardous municipal landfill closure project; municipal waste reduction or recycling project, as defined in article fifty-four of the environmental conservation law; for the purposes of section two hundred sixty-one and section two hundred sixty-four of the economic development law; any project for the develop- ment, updating or revision of local solid waste management plans pursu- ant to sections 27-0107 and 27-0109 of the environmental conservation law; ENVIRONMENTAL JUSTICE PROGRAMS, PROJECTS AND GRANTS; and for the development of the pesticide sales and use data base [in conjunction with Cornell University] pursuant to title twelve of article thirty- three of the environmental conservation law. S 3. Subdivision 6 of section 92-s of the state finance law is amended by adding a new paragraph (f) to read as follows: (F) MONEYS FROM THE CLIMATE CHANGE MITIGATION AND ADAPTATION ACCOUNT SHALL BE AVAILABLE, PURSUANT TO APPROPRIATION AND UPON CERTIFICATE OF APPROVAL OF AVAILABILITY BY THE DIRECTOR OF THE BUDGET, FOR PROGRAMS AND PROJECTS TO REDUCE GREENHOUSE GASSES; FOR THE DEVELOPMENT, UPDATING OR REVISION OF LOCAL WATERFRONT REVITALIZATION PLANS PURSUANT TO TITLE ELEVEN OF ARTICLE FIFTY-FOUR OF THE ENVIRONMENTAL CONSERVATION LAW TO ADAPT FOR CLIMATE CHANGE, OR FOR OTHER PLANNING UNDERTAKEN TO IMPROVE RESILIENCY FROM IMPACTS OF CLIMATE CHANGE; FOR SMART GROWTH PROGRAMS; AND FOR ADAPTIVE INFRASTRUCTURE, INCLUDING GRANTS PURSUANT TO THE CLIMATE SMART COMMUNITIES PROGRAM; RESILIENCY PLANTING PROJECTS; THE CLIMATE RESILIENT FARMS PROGRAM; STATE VULNERABILITY ASSESSMENTS; AND PROGRAMS AND PROJECTS TO IMPLEMENT AND COMPLY WITH THE PROVISIONS OF CHAPTER THREE HUNDRED FIFTY-FIVE OF THE LAWS OF TWO THOUSAND FOURTEEN, KNOWN AS THE "COMMUNITY RISK AND RESILIENCY ACT". S 4. Section 54-1101 of the environmental conservation law, as amended by chapter 309 of the laws of 1996, subdivisions 1 and 5 as amended by chapter 355 of the laws of 2014, is amended to read as follows: S 54-1101. Local waterfront revitalization programs. 1. The secretary is authorized to provide on a competitive basis, within amounts appropriated, state assistance payments AND/OR TECHNICAL S. 6408 112 A. 9008 ASSISTANCE to municipalities toward the [cost] DEVELOPMENT of any local waterfront revitalization program, including planning projects to miti- gate future physical climate risks. Eligible costs include planning, studies, preparation of local laws, and construction projects. 2. State assistance payments AND/OR TECHNICAL ASSISTANCE shall not exceed fifty percent of the cost of the program, EXCEPT WHERE THE MUNI- CIPALITY HAS A POPULATION, AS DETERMINED IN THE MOST RECENT UNITED STATES CENSUS, OF UNDER THREE HUNDRED THOUSAND AND A MEDIAN HOUSEHOLD INCOME OF LESS THAN OR EQUAL TO ONE HUNDRED TWENTY-FIVE PERCENT OF THE STATEWIDE MEDIAN HOUSEHOLD INCOME FOR THE MOST RECENT UNITED STATES CENSUS, OR AS OTHERWISE DETERMINED BY REGULATION PROMULGATED BY THE DEPARTMENT OF STATE, OR FOR PLANNING PROJECTS TO MITIGATE FUTURE PHYS- ICAL CLIMATE RISKS, IN WHICH CASE STATE ASSISTANCE PAYMENTS AND/OR TECH- NICAL ASSISTANCE SHALL NOT EXCEED NINETY PERCENT OF THE COST OF THE PROGRAM. For the purpose of determining the amount of state assistance payments, costs shall not be more than the amount set forth in the application for state assistance payments approved by the secretary. The state assistance payments shall be paid on audit and warrant of the state comptroller on a certificate of availability of the director of the budget. 3. THE SECRETARY IS AUTHORIZED TO PROVIDE ON A NONCOMPETITIVE BASIS, WITHIN AMOUNTS APPROPRIATED, STATE ASSISTANCE PAYMENTS AND/OR TECHNICAL ASSISTANCE TOWARD THE DEVELOPMENT OF PLANNING PROJECTS TO MITIGATE FUTURE PHYSICAL CLIMATE RISKS TO MUNICIPALITIES THAT HAVE BEEN AWARDED STATE ASSISTANCE PAYMENTS AND/OR TECHNICAL ASSISTANCE UNDER SUBDIVISION ONE OF THIS SECTION. SUCH PAYMENTS MAY BE USED FOR UPDATES DESIGNED TO MITIGATE FUTURE PHYSICAL CLIMATE RISKS. 4. The secretary shall have the power to approve vouchers for payments pursuant to an approved contract. [4.] 5. No moneys shall be expended as authorized by this section except pursuant to an appropriation therefor. [5.] 6. The secretary shall impose such contractual requirements and conditions upon any municipality which receives state assistance payments pursuant to this article as may be necessary and appropriate to ensure that a public benefit shall accrue from the use of such funds by the municipality including but not limited to, a demonstration that future physical climate risk due to sea level rise, and/or storm surges and/or flooding, based on available data predicting the likelihood of future extreme weather events, including hazard risk analysis data if applicable, has been considered. S 5. Section 912 of the executive law is amended by adding a new subdivision 17 to read as follows: 17. TO ENCOURAGE STATE AGENCIES AND LOCAL GOVERNMENTS TO CONSIDER PHYSICAL CLIMATE RISKS IN PLANNING AND DEVELOPMENT EFFORTS. S 6. Subdivision 1 of section 918 of the executive law, as added by chapter 840 of the laws of 1981, is amended to read as follows: 1. The secretary may enter into a contract or contracts for grants OR PAYMENTS to be made, within the limits of any appropriations therefor, for the following: a. To any local governments, or to two or more local governments, for projects approved by the secretary which lead to preparation of a water- front revitalization program; provided, however, that such grants OR PAYMENTS shall not exceed fifty percent of the approved cost of such projects, EXCEPT WHERE EACH LOCAL GOVERNMENT HAS A POPULATION, AS DETER- MINED IN THE MOST RECENT UNITED STATES CENSUS, OF UNDER THREE HUNDRED THOUSAND AND A MEDIAN HOUSEHOLD INCOME OF LESS THAN OR EQUAL TO ONE S. 6408 113 A. 9008 HUNDRED TWENTY-FIVE PERCENT OF THE STATEWIDE MEDIAN HOUSEHOLD INCOME FOR THE MOST RECENT UNITED STATES CENSUS, OR AS OTHERWISE DETERMINED BY REGULATION PROMULGATED BY THE DEPARTMENT OF STATE, OR FOR PLANNING PROJECTS TO MITIGATE FUTURE PHYSICAL CLIMATE RISKS, IN WHICH CASE SUCH GRANTS OR PAYMENTS SHALL NOT EXCEED NINETY PERCENT OF THE APPROVED COST OF SUCH PROJECTS; b. TO SERVICE PROVIDERS, ON BEHALF OF AND IN CONSULTATION WITH ANY LOCAL GOVERNMENTS OR TWO OR MORE LOCAL GOVERNMENTS, FOR PROJECTS APPROVED BY THE SECRETARY WHICH LEAD TO PREPARATION OF A WATERFRONT REVITALIZATION PROGRAM; HOWEVER, THAT SUCH GRANTS OR PAYMENTS SHALL NOT EXCEED FIFTY PERCENT OF THE APPROVED COST OF SUCH PROJECTS, EXCEPT WHERE EACH LOCAL GOVERNMENT HAS A POPULATION, AS DETERMINED IN THE MOST RECENT UNITED STATES CENSUS, OF UNDER THREE HUNDRED THOUSAND AND A MEDIAN HOUSEHOLD INCOME OF LESS THAN OR EQUAL TO ONE HUNDRED TWENTY-FIVE PERCENT OF THE STATEWIDE MEDIAN HOUSEHOLD INCOME FOR THE MOST RECENT UNITED STATES CENSUS, OR AS OTHERWISE DETERMINED BY REGULATION PROMUL- GATED BY THE DEPARTMENT OF STATE, OR FOR PLANNING PROJECTS TO MITIGATE FUTURE PHYSICAL CLIMATE RISKS, IN WHICH CASE SUCH GRANTS OR PAYMENTS SHALL NOT EXCEED NINETY PERCENT OF THE APPROVED COST OF SUCH PROJECTS; C. To any local government or local government agency for research, design, and other activities which serve to facilitate construction projects provided for in an approved waterfront revitalization program; provided, however, that such grants or payments shall not exceed ten percent of the estimated cost of such construction project. S 7. This act shall take effect immediately. PART V Section 1. Subdivision 3 of section 79-b of the navigation law, as amended by section 1 of part D of chapter 109 of the laws of 2010, is amended to read as follows: 3. The amount of state aid to be allocated to eligible governmental entities pursuant to this article shall be determined by the commission- er as hereinafter provided. The commissioner shall determine the percentage proportion which the authorized expenditures of each individ- ual entity, not exceeding four hundred thousand dollars for each county including municipalities therein, shall bear to the total authorized expenditures of all entities. Such percentage proportion shall then be applied against an amount equal to one-half of the total of the amount received by the state in each preceding program year in vessel registra- tion fees as provided in section twenty-two hundred fifty-one of the vehicle and traffic law, less no more than thirty percent, subject to appropriation, which may be used by the commissioner and the commission- er of motor vehicles for administrative costs of the program, including training and equipment, and by the department of environmental conserva- tion, the division of state police and other state agencies, subject to the approval of the commissioner, for the purposes of this article, plus the entire amount received pursuant to subdivision nine of section forty-four of this chapter. The amount thus determined shall constitute the maximum amount of state aid to which each such entity shall be enti- tled; provided, however, that no entity shall receive state aid in an amount in excess of [fifty] TWENTY-FIVE percent of its authorized expenditures as approved by the commissioner for such program year. The commissioner shall certify to the comptroller the amount thus determined for each eligible local governmental entity as the amount of state aid to be apportioned to such eligible local governmental entity. The allo- S. 6408 114 A. 9008 cation of state aid to any county, town or village within the Lake George park shall not be reduced because of the allocation of state aid to the Lake George park commission. Of the remaining funds received by the state for the registration of vessels as provided in section twen- ty-two hundred fifty-one of the vehicle and traffic law, no less than six percent shall be made available to the commissioner for the expenses of the office in providing navigation law enforcement training and administering the provisions of this section. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. S 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. S 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through V of this act shall be as specifically set forth in the last section of such Parts.
2015-S6408A - Details
- See Assembly Version of this Bill:
- A9008
- Law Section:
- Budget Bills
2015-S6408A - Summary
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2016-2017 state fiscal year; intentionally omitted (Part A); intentionally omitted (Part B); intentionally omitted (Part C)
2015-S6408A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6408--A A. 9008--A S E N A T E - A S S E M B L Y January 14, 2016 ___________ 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 public authorities law, in relation to committing the state of New York and the city of New York to partially fund part of the costs of the Metropolitan Transportation Authority's capital program (Part A); to amend the public authorities law, in relation to procurements by the New York City transit authority and the metropol- itan transportation authority; and to amend the insurance law, in relation to extending owner controlled insurance programs in certain instances (Part B); to amend the public authorities law and the gener- al municipal law, in relation to the New York transit authority and the metropolitan transportation authority (Part C); to amend the vehi- cle and traffic law and the state finance law, in relation to the dedication of revenues and the costs of the department of motor vehi- cles; to amend chapter 751 of the laws of 2005 amending the insurance law and the vehicle and traffic law relating to establishing the acci- dent prevention course internet technology pilot program, in relation to the effectiveness thereof; to repeal subdivision 2 of section 89-g of the state finance law relating to funds to be placed into the acci- dent prevention course internet, and other technology pilot program fund; and to repeal certain provisions of the state finance law relat- ing to the motorcycle safety fund (Part D); to amend the vehicle and traffic law, in relation to farm vehicles and covered farm vehicles and to expand the scope of the P endorsement (Part E); to amend the New York state urban development corporation act, in relation to extending certain provisions relating to the empire state economic development fund (Part F); to amend chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relat- ing to the powers of the New York state urban development corporation EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12673-02-6 S. 6408--A 2 A. 9008--A to make loans, in relation to the effectiveness thereof (Part G); to establish the Transformational Economic Development Infrastructure and Revitalization Projects act (Part H); to authorize and direct the New York state energy research and development authority to make a payment to the general fund of up to $913,000 (Part I); to authorize the New York state energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY programs, and to finance the department of envi- ronmental conservation's climate change program, from an assessment on gas and electric corporations (Part J); to authorize the department of health to finance certain activities with revenues generated from an assessment on cable television companies (Part K); to amend the public service law, in relation to authorizing the department of public service to increase program efficiencies (Part L); to amend chapter 21 of the laws of 2003, amending the executive law, relating to permit- ting the secretary of state to provide special handling for all docu- ments filed or issued by the division of corporations and to permit additional levels of such expedited service, in relation to extending the expiration date thereof (Part M); to amend the business corpo- ration law, the cooperative corporations law, the executive law, the general associations law, the general business law, the limited liability company law, the not-for-profit corporation law, the part- nership law, the private housing finance law, the real property law and the tax law, in relation to streamlining the process by which service of process is served against a corporate or other entity with the secretary of state; and to repeal certain provisions of the real property law relating thereto (Part N); to amend the general business law, the tax law, and the alcoholic beverage control law, in relation to authorized combative sports and to the costs of boxer medical exam- inations; and to repeal chapter 912 of the laws of 1920, relating to the regulation of boxing, sparring, and wrestling (Part O); 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 P); to amend the public authorities law, the canal law, the state finance law, the public officers law, the transportation law, and the parks, recreation and historic preservation law, in relation to eliminating the canal corporation; and to repeal certain provisions of the public authorities law and the public officers law relating thereto (Part Q); to establish the private activity bond allocation act of 2016; to amend the public authorities law in relation to the powers, functions and duties of the New York state public authorities control board; and to repeal the private activity bond allocation act of 2014 (Part R); to amend the New York state urban development corporation act, in relation to transferring the statutory authority for the promulgation of marketing orders from the department of agriculture and markets to the New York state urban development corporation; to repeal certain provisions of the agriculture and markets law relating to the market- ing of agricultural products; and providing for the repeal of such provisions upon expiration thereof (Part S); to amend the environ- mental conservation law, in relation to mandatory tire acceptance (Part T); to amend the state finance law, in relation to creating a new climate change mitigation and adaptation account in the environ- mental protection fund; to amend the environmental conservation law, in relation to local waterfront revitalization programs; and to amend S. 6408--A 3 A. 9008--A the executive law, in relation to payments for local waterfront revi- talization programs (Part U); and to amend the navigation law, in relation to the authorized reimbursement rate paid to governmental entities (Part V) 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 which are necessary to implement the state fiscal plan for the 2016-2017 state fiscal year. Each component is wholly contained within a Part identified as Parts A through V. 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, includ- ing 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. This act shall be known as the "Metropolitan Transportation Authority (MTA) Capital Financing Act of 2016". This act commits the state of New York (state) and the city of New York (city) to fund, over a multi-year period, $10,828,000,000 in capital costs related to projects contained in the MTA's 2015-2019 capital program (capital program). The state share of $8,336,000,000 shall consist of $1,000,000,000 in appropriations first enacted in the 2015-2016 state budget and additional funds sufficient for MTA to pay $7,336,000,000 of capital costs as provided herein. The city share of $2,492,000,000 shall consist of $657,000,000 to be provided by the city from 2015 through 2019, and additional funds sufficient for MTA to pay $1,835,000,000 of capital costs for the capital program. The $7,336,000,000 of additional funds to be provided by the state may be used by the MTA to pay direct capital costs and/or the state may fund such $7,336,000,000 of capital costs through financing mechanisms undertaken by the MTA. S 2. (a) The additional funds provided by the state pursuant to section one of this act shall be scheduled and made available to pay for the costs of the capital program after MTA capital resources planned for the capital program, not including additional city and state funds, have been exhausted, or when MTA capital resources planned for the capital program are not available. It is anticipated that state funds shall be required by, and provided to, the MTA in an amount to support $1,500,000,000 of capital costs in the first year in which planned MTA capital resources are exhausted; $2,600,000,000 in the second year; $1,840,000,000 in the third year and $1,396,000,000 in the fourth year or thereafter. (b) Such funds may be provided to the MTA through direct payments from the state and/or financing mechanisms undertaken by the MTA utilizing aid paid by the state on a schedule sufficient to support the capital costs outlined in this act. The director of the budget (director) shall annually determine the level of funding required to meet the state's commitment and recommend such amounts for inclusion in the executive budget. In making such determination, the director shall consider the S. 6408--A 4 A. 9008--A availability of MTA capital resources planned for the capital program, the current progress and timing of the MTA capital program, the financ- ing mechanisms employed by the MTA, if any, and any other pertinent factors. (c) State funding amounts, whether direct or in support of a financing mechanism undertaken by the MTA, shall be subject to appropriation with- in applicable annual state budgets; provided, however, that in the event the state does not appropriate the full amount of the funding required pursuant to this act in any year, such action shall not reduce the commitment of the state to fund the full state share specified in section one of this act, with the state fulfilling its aggregate commit- ment in this act no later than state fiscal year 2025-2026 or by the completion of the capital program. In the event that the MTA has exhausted all currently available sources of funding, the MTA may, with the approval of the director, issue anticipation notes or other obli- gations secured solely by the additional funds specified in subdivision (a) of this section and shall provide for capitalized interest thereon. S 3. In order to annually determine the adequacy and pace of the level of state funding in support of the MTA's capital program, and to gauge the availability of MTA capital resources planned for the capital program, the director may request, and the MTA shall provide, periodic reports on the MTA's capital programs and financial activities in a form and on a schedule prescribed by the director. S 4. Subdivision 12 of section 1269 of the public authorities law, as amended by section 1 of part E of chapter 58 of the laws of 2012, is amended to read as follows: 12. The aggregate principal amount of bonds, notes or other obli- gations issued after the first day of January, nineteen hundred ninety- three by the authority, the Triborough bridge and tunnel authority and the New York city transit authority to fund projects contained in capi- tal program plans approved pursuant to section twelve hundred sixty- nine-b of this title for the period nineteen hundred ninety-two through two thousand [fourteen] NINETEEN shall not exceed [thirty-seven] FIFTY- FIVE billion [two hundred eleven] FOUR HUNDRED NINETY-SEVEN million dollars [prior to January one, two thousand thirteen; shall not exceed thirty-nine billion five hundred forty-four million prior to January one, two thousand fourteen; and shall not exceed forty-one billion eight hundred seventy-seven million dollars thereafter]. Such aggregate prin- cipal amount of bonds, notes or other obligations or the expenditure thereof shall not be subject to any limitation contained in any other provision of law on the principal amount of bonds, notes or other obli- gations or the expenditure thereof applicable to the authority, the Triborough bridge and tunnel authority or the New York city transit authority. The aggregate limitation established by this subdivision shall not include (i) obligations issued to refund, redeem or otherwise repay, including by purchase or tender, obligations theretofore issued either by the issuer of such refunding obligations or by the authority, the New York city transit authority or the Triborough bridge and tunnel authority, (ii) obligations issued to fund any debt service or other reserve funds for such obligations, (iii) obligations issued or incurred to fund the costs of issuance, the payment of amounts required under bond and note facilities, federal or other governmental loans, security or credit arrangements or other agreements related thereto and the payment of other financing, ORIGINAL ISSUE PREMIUMS and related costs associated with such obligations, (iv) an amount equal to any original issue discount from the principal amount of such obligations or to fund S. 6408--A 5 A. 9008--A capitalized interest, (v) obligations incurred pursuant to section twelve hundred seven-m of this article, (vi) obligations incurred to fund the acquisition of certain buses for the New York city transit authority as identified in a capital program plan approved pursuant to chapter fifty-three of the laws of nineteen hundred ninety-two, (vii) obligations incurred in connection with the leasing, selling or trans- ferring of equipment, and (viii) bond anticipation notes or other obli- gations payable solely from the proceeds of other bonds, notes or other obligations which would be included in the aggregate principal amount specified in the first sentence of this subdivision, whether or not additionally secured by revenues of the authority, or any of its subsid- iary corporations, New York city transit authority, or any of its subsidiary corporations, or Triborough bridge and tunnel authority. S 5. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. PART B Section 1. Subdivision 7 of section 1209 of the public authorities law, as amended by chapter 334 of the laws of 2001, is amended to read as follows: 7. (a) Except as otherwise provided in this section, all purchase contracts for supplies, materials or equipment involving an estimated expenditure in excess of [fifteen] ONE HUNDRED thousand dollars and all contracts for public work involving an estimated expenditure in excess of [twenty-five] ONE HUNDRED thousand dollars shall be awarded by the authority to the lowest responsible bidder after obtaining sealed bids in the manner hereinafter set forth. The aforesaid shall not apply to contracts for personal, architectural, engineering or other professional services. The authority may reject all bids and obtain new bids in the manner provided by this section when it is deemed in the public interest to do so or, in cases where two or more responsible bidders submit iden- tical bids which are the lowest bids, award the contract to any of such bidders or obtain new bids from such bidders. Nothing herein shall obli- gate the authority to seek new bids after the rejection of bids or after cancellation of an invitation to bid. Nothing in this section shall prohibit the evaluation of bids on the basis of costs or savings includ- ing life cycle costs of the item to be purchased, discounts, and inspection services so long as the invitation to bid reasonably sets forth the criteria to be used in evaluating such costs or savings. Life cycle costs may include but shall not be limited to costs or savings associated with installation, energy use, maintenance, operation and salvage or disposal. (b) Section twenty-eight hundred seventy-nine of this chapter shall apply to the authority's acquisition of goods or services of any kind, in the actual or estimated amount of fifteen thousand dollars or more, provided that (I) a contract for [personal] services in the actual or estimated amount of less than [twenty] ONE HUNDRED thousand dollars shall not require approval by the board of the authority regardless of the length of the period over which the services are rendered, and provided further that a contract for [personal] services in the actual or estimated amount of [twenty] ONE HUNDRED thousand dollars or more shall require approval by the board of the authority regardless of the length of the period over which the services are rendered UNLESS SUCH A CONTRACT IS AWARDED TO THE LOWEST RESPONSIBLE BIDDER AFTER OBTAINING SEALED BIDS AND (II) THE BOARD OF THE AUTHORITY MAY BY RESOLUTION ADOPT S. 6408--A 6 A. 9008--A GUIDELINES THAT AUTHORIZE THE AWARD OF CONTRACTS TO SMALL BUSINESS CONCERNS, TO SERVICE DISABLED VETERAN OWNED BUSINESSES CERTIFIED PURSU- ANT TO ARTICLE SEVENTEEN-B OF THE EXECUTIVE LAW, OR MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR TECHNOLOGY THAT ARE RECY- CLED OR REMANUFACTURED, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS AND WITHOUT FURTHER BOARD APPROVAL. S 2. Paragraph (a) of subdivision 8 of section 1209 of the public authorities law, as amended by chapter 725 of the laws of 1993, is amended to read as follows: (a) Advertisement for bids, when required by this section, shall be published [at least once in a newspaper of general circulation in the area served by the authority and] in the procurement opportunities news- letter published pursuant to article four-C of the economic development law provided that, notwithstanding the provisions of article four-C of the economic development law, an advertisement shall only be required when required by this section. Publication [in a newspaper of general circulation in the area served or] in the procurement opportunities newsletter shall not be required if bids for contracts for supplies, materials or equipment are of a type regularly purchased by the authori- ty and are to be solicited from a list of potential suppliers, if such list is or has been developed consistent with the provisions of subdivi- sion eleven of this section. Any such advertisement shall contain a statement of: (i) the time and place where bids received pursuant to any notice requesting sealed bids will be publicly opened and read; (ii) the name of the contracting agency; (iii) the contract identification number; (iv) a brief description of the public work, supplies, materi- als, or equipment sought, the location where work is to be performed, goods are to be delivered or services provided and the contract term; (v) the address where bids or proposals are to be submitted; (vi) the date when bids or proposals are due; (vii) a description of any eligi- bility or qualification requirement or preference; (viii) a statement as to whether the contract requirements may be fulfilled by a subcontract- ing, joint venture, or co-production arrangement; (ix) any other infor- mation deemed useful to potential contractors; and (x) the name, address, and telephone number of the person to be contacted for addi- tional information. At least fifteen business days shall elapse between the first publication of such advertisement or the solicitation of bids, as the case may be, and the date of opening and reading of bids. S 3. Subparagraph (i) of paragraph f and subparagraph (i) of paragraph g of subdivision 9 of section 1209 of the public authorities law, subparagraph (i) of paragraph f as added by chapter 929 of the laws of 1986, and subparagraph (i) of paragraph g as amended by chapter 725 of the laws of 1993, are amended to read as follows: (i) [The] EXCEPT FOR A CONTRACT THAT IS AWARDED PURSUANT TO THIS PARA- GRAPH TO THE PROPOSER WHOSE PROPOSAL IS THE LOWEST COST, THE authority may award a contract pursuant to this paragraph only after a resolution approved by a two-thirds vote of its members then in office at a public meeting of the authority with such resolution (A) disclosing the other proposers and the substance of their proposals, (B) summarizing the negotiation process including the opportunities, if any, available to proposers to present and modify their proposals, and (C) setting forth the criteria upon which the selection was made. (i) [The] EXCEPT FOR A CONTRACT THAT IS AWARDED PURSUANT TO THIS PARA- GRAPH TO THE PROPOSER WHOSE PROPOSAL IS THE LOWEST COST, THE authority S. 6408--A 7 A. 9008--A may award a contract pursuant to this paragraph only after a resolution approved by a vote of not less than two-thirds of its members then in office at a public meeting of the authority with such resolution (A) disclosing the other proposers and the substance of their proposals, (B) summarizing the negotiation process including the opportunities, if any, available to proposers to present and modify their proposals, and (C) setting forth the criteria upon which the selection was made. S 4. Subdivision 13 of section 1209 of the public authorities law, is renumbered subdivision 15 and two new subdivisions 13 and 14 are added to read as follows: 13. NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS SECTION, THE AUTHORI- TY SHALL BE ALLOWED TO USE AN ELECTRONIC BIDDING SYSTEM THAT MAY INFORM BIDDERS WHETHER THEIR BID IS THE CURRENT LOW BID, AND ALLOW BIDDERS TO SUBMIT NEW BIDS BEFORE THE DATE AND TIME ASSIGNED FOR THE OPENING OF BIDS. SUCH PROCEDURE SHALL NOT CONSTITUTE DISCLOSURE OF BIDS IN VIOLATION OF SECTION TWENTY-EIGHT HUNDRED SEVENTY-EIGHT OF THIS CHAPTER. 14. WHENEVER THE COMPTROLLER, PURSUANT TO SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF THIS CHAPTER: (A) INTENDS TO SUBJECT TO HIS OR HER APPROVAL A CONTRACT OR CONTRACT AMENDMENT TO BE AWARDED BY THE AUTHORITY PURSUANT TO THIS SECTION, THE COMPTROLLER SHALL NOTIFY THE AUTHORITY IN WRITING OF SUCH DETERMINATION WITHIN FORTY-FIVE DAYS OF HAVING RECEIVED WRITTEN NOTICE OF SUCH CONTRACT OR CONTRACT AMENDMENT EITHER IN THE AUTHORITY'S ANNUAL REPORT OR ANY REVISED REPORT; (B) HAS NOTIFIED THE AUTHORITY IN WRITING THAT ANY CONTRACT OR CONTRACT AMENDMENT AWARDED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO HIS OR HER APPROVAL, SUCH CONTRACT OR CONTRACT AMENDMENT SHALL BECOME VALID AND ENFORCEABLE WITHOUT SUCH APPROVAL IF THE COMPTROLLER HAS NOT APPROVED OR DISAPPROVED SUCH CONTRACT OR CONTRACT AMENDMENT WITHIN FORTY-FIVE DAYS OF SUBMISSION TO HIS OR HER OFFICE. S 5. Subdivision 7 of section 1265 of the public authorities law, as added by chapter 324 of the laws of 1965, is amended to read as follows: 7. To acquire, hold and dispose of real or personal property in the exercise of its powers[;], INCLUDING, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE POWER TO DISPOSE OF PERSONAL PROPERTY BY PUBLIC AUCTION IN ACCORDANCE WITH GUIDELINES ADOPTED BY THE AUTHORITY. SUCH GUIDELINES SHALL PROVIDE FOR ADVERTISING AND SUCH OTHER SAFEGUARDS AS THE AUTHORITY MAY DEEM APPROPRIATE IN THE PUBLIC INTEREST. S 6. Subdivision 3 of section 1204 of the public authorities law, as amended by chapter 980 of the laws of 1958, is amended to read as follows: 3. To acquire, hold, use and dispose of equipment, devices and appurtenances, and other property for its corporate purposes, INCLUDING, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE POWER TO DISPOSE OF PERSONAL PROPERTY BY PUBLIC AUCTION IN ACCORDANCE WITH GUIDELINES ADOPTED BY THE METROPOLITAN TRANSPORTATION AUTHORITY PURSUANT TO SECTION TWELVE HUNDRED SIXTY-FIVE OF THIS ARTICLE. S 7. Subdivision 3 of section 553 of the public authorities law, is amended to read as follows: 3. To acquire, hold and dispose of personal property for its corporate purposes[;], INCLUDING, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE POWER TO DISPOSE OF PERSONAL PROPERTY BY PUBLIC AUCTION IN ACCORDANCE WITH GUIDELINES ADOPTED BY THE AUTHORITY. SUCH GUIDELINES SHALL PROVIDE FOR ADVERTISING AND SUCH OTHER SAFEGUARDS AS THE AUTHORITY MAY DEEM APPROPRIATE IN THE PUBLIC INTEREST. S. 6408--A 8 A. 9008--A S 8. Paragraphs (a) and (b) of subdivision 2 of section 1265-a of the public authorities law, as amended by chapter 334 of the laws of 2001, are amended to read as follows: (a) Except as otherwise provided in this section, all purchase contracts for supplies, materials or equipment involving an estimated expenditure in excess of [fifteen] ONE HUNDRED thousand dollars and all contracts for public work involving an estimated expenditure in excess of [twenty-five] ONE HUNDRED thousand dollars shall be awarded by the authority to the lowest responsible bidder after obtaining sealed bids in the manner hereinafter set forth. For purposes hereof, contracts for public work shall exclude contracts for personal, engineering and archi- tectural, or professional services. The authority may reject all bids and obtain new bids in the manner provided by this section when it is deemed in the public interest to do so or, in cases where two or more responsible bidders submit identical bids which are the lowest bids, award the contract to any of such bidders or obtain new bids from such bidders. Nothing herein shall obligate the authority to seek new bids after the rejection of bids or after cancellation of an invitation to bid. Nothing in this section shall prohibit the evaluation of bids on the basis of costs or savings including life cycle costs of the item to be purchased, discounts, and inspection services so long as the invita- tion to bid reasonably sets forth the criteria to be used in evaluating such costs or savings. Life cycle costs may include but shall not be limited to costs or savings associated with installation, energy use, maintenance, operation and salvage or disposal. (b) Section twenty-eight hundred seventy-nine of this chapter shall apply to the authority's acquisition of goods or services of any kind, in the actual or estimated amount of fifteen thousand dollars or more, provided (I) that a contract for [personal] services in the actual or estimated amount of less than [twenty] ONE HUNDRED thousand dollars shall not require approval by the board of the authority regardless of the length of the period over which the services are rendered, and provided further that a contract for [personal] services in the actual or estimated amount of [twenty] ONE HUNDRED thousand dollars or more shall require approval by the board of the authority regardless of the length of the period over which the services are rendered UNLESS SUCH A CONTRACT IS AWARDED TO THE LOWEST RESPONSIBLE BIDDER AFTER OBTAINING SEALED BIDS, AND (II) THE BOARD OF THE AUTHORITY MAY BY RESOLUTION ADOPT GUIDELINES THAT AUTHORIZE THE AWARD OF CONTRACTS TO SMALL BUSINESS CONCERNS, TO SERVICE DISABLED VETERAN OWNED BUSINESSES CERTIFIED PURSU- ANT TO ARTICLE SEVENTEEN-B OF THE EXECUTIVE LAW, OR MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR TECHNOLOGY THAT ARE RECY- CLED OR REMANUFACTURED, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS AND WITHOUT FURTHER BOARD APPROVAL. S 9. Subparagraph (i) of paragraph f and subparagraph (i) of paragraph g of subdivision 4 of section 1265-a of the public authorities law, subparagraph (i) of paragraph f as added by chapter 929 of the laws of 1986, and subparagraph (i) of paragraph g as amended by chapter 256 of the laws of 1998, are amended to read as follows: (i) [The] EXCEPT FOR A CONTRACT THAT IS AWARDED PURSUANT TO THIS PARA- GRAPH TO THE PROPOSER WHOSE PROPOSAL IS THE LOWEST COST, THE authority may award a contract pursuant to this paragraph only after a resolution approved by a two-thirds vote of its members then in office at a public meeting of the authority with such resolution (A) disclosing the other S. 6408--A 9 A. 9008--A proposers and the substance of their proposals, (B) summarizing the negotiation process including the opportunities, if any, available to proposers to present and modify their proposals, and (C) setting forth the criteria upon which the selection was made. (i) [The] EXCEPT FOR A CONTRACT THAT IS AWARDED PURSUANT TO THIS PARA- GRAPH TO THE PROPOSER WHOSE PROPOSAL IS THE LOWEST COST, THE authority may award a contract pursuant to this paragraph only after a resolution approved by a vote of not less than a two-thirds vote of its members then in office at a public meeting of the authority with such resolution (A) disclosing the other proposers and the substance of their proposals, (B) summarizing the negotiation process including the opportunities, if any, available to proposers to present and modify their proposals, and (C) setting forth the criteria upon which the selection was made. S 10. Paragraph (a) of subdivision 3 of section 1265-a of the public authorities law, as amended by chapter 494 of the laws of 1990, is amended to read as follows: (a) Advertisement for bids, when required by this section, shall be published [at least once in a newspaper of general circulation in the area served by the authority and] in the procurement opportunities news- letter published pursuant to article four-C of the economic development law provided that, notwithstanding the provisions of article four-C of the economic development law, an advertisement shall only be required for a purchase contract for supplies, materials or equipment when required by this section. Publication [in a newspaper of general circu- lation in the area served or] in the procurement opportunities newslet- ter shall not be required if bids for contracts for supplies, materials or equipment are of a type regularly purchased by the authority and are to be solicited from a list of potential suppliers, if such list is or has been developed consistent with the provisions of subdivision six of this section. Any such advertisement shall contain a statement of: (i) the time and place where bids received pursuant to any notice requesting sealed bids will be publicly opened and read; (ii) the name of the contracting agency; (iii) the contract identification number; (iv) a brief description of the public work, supplies, materials, or equipment sought, the location where work is to be performed, goods are to be delivered or services provided and the contract term; (v) the address where bids or proposals are to be submitted; (vi) the date when bids or proposals are due; (vii) a description of any eligibility or qualifica- tion requirement or preference; (viii) a statement as to whether the contract requirements may be fulfilled by a subcontracting, joint venture, or co-production arrangement; (ix) any other information deemed useful to potential contractors; and (x) the name, address, and tele- phone number of the person to be contacted for additional information. At least fifteen business days shall elapse between the first publica- tion of such advertisement or the solicitation of bids, as the case may be, and the date of opening and reading of bids. S 11. Subdivision 8 of section 1265-a of the public authorities law is renumbered subdivision 10 and two new subdivisions 8 and 9 are added to read as follows: 8. NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS SECTION, THE AUTHORITY SHALL BE ALLOWED TO USE AN ELECTRONIC BIDDING SYSTEM THAT MAY INFORM BIDDERS WHETHER THEIR BID IS THE CURRENT LOW BID, AND ALLOW BIDDERS TO SUBMIT NEW BIDS BEFORE THE DATE AND TIME ASSIGNED FOR THE OPENING OF BIDS. SUCH PROCEDURE SHALL NOT CONSTITUTE DISCLOSURE OF BIDS IN VIOLATION OF SECTION TWENTY-EIGHT HUNDRED SEVENTY-EIGHT OF THIS CHAPTER. S. 6408--A 10 A. 9008--A 9. WHENEVER THE COMPTROLLER, PURSUANT TO SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF THIS CHAPTER: (A) INTENDS TO SUBJECT TO HIS OR HER APPROVAL A CONTRACT OR CONTRACT AMENDMENT TO BE AWARDED BY THE AUTHORITY PURSUANT TO THIS SECTION, THE COMPTROLLER SHALL NOTIFY THE AUTHORITY IN WRITING OF SUCH DETERMINATION WITHIN FORTY-FIVE DAYS OF HAVING RECEIVED WRITTEN NOTICE OF SUCH CONTRACT OR CONTRACT AMENDMENT EITHER IN THE AUTHORITY'S ANNUAL REPORT OR ANY REVISED REPORT; (B) HAS NOTIFIED THE AUTHORITY IN WRITING THAT ANY CONTRACT OR CONTRACT AMENDMENT AWARDED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO HIS OR HER APPROVAL, SUCH CONTRACT OR CONTRACT AMENDMENT SHALL BECOME VALID AND ENFORCEABLE WITHOUT SUCH APPROVAL IF THE COMPTROLLER HAS NOT APPROVED OR DISAPPROVED SUCH CONTRACT OR CONTRACT AMENDMENT WITHIN FORTY-FIVE DAYS OF SUBMISSION TO HIS OR HER OFFICE. S 12. Section 553 of the public authorities law is amended by adding a new subdivision 22 to read as follows: 22. SECTION TWENTY-EIGHT HUNDRED SEVENTY-NINE OF THIS CHAPTER SHALL APPLY TO THE AUTHORITY'S ACQUISITION OF GOODS OR SERVICES OF ANY KIND, IN THE ACTUAL OR ESTIMATED AMOUNT OF FIFTEEN THOUSAND DOLLARS OR MORE, PROVIDED THAT (I) A CONTRACT FOR SERVICES IN THE ACTUAL OR ESTIMATED AMOUNT OF LESS THAN ONE HUNDRED THOUSAND DOLLARS SHALL NOT REQUIRE APPROVAL BY THE BOARD OF THE AUTHORITY REGARDLESS OF THE LENGTH OF THE PERIOD OVER WHICH THE SERVICES ARE RENDERED, AND PROVIDED FURTHER THAT A CONTRACT FOR SERVICES IN THE ACTUAL OR ESTIMATED AMOUNT OF ONE HUNDRED THOUSAND DOLLARS OR MORE SHALL REQUIRE APPROVAL BY THE BOARD OF THE AUTHORITY REGARDLESS OF THE LENGTH OF THE PERIOD OVER WHICH THE SERVICES ARE RENDERED UNLESS SUCH A CONTRACT IS AWARDED TO THE LOWEST RESPONSIBLE BIDDER AFTER OBTAINING SEALED BIDS AND (II) THE BOARD OF THE AUTHORITY MAY BY RESOLUTION ADOPT GUIDELINES THAT AUTHORIZE THE AWARD OF CONTRACTS TO SMALL BUSINESS CONCERNS, TO SERVICE DISABLED VETERAN OWNED BUSINESSES CERTIFIED PURSUANT TO ARTICLE SEVENTEEN-B OF THE EXECUTIVE LAW, OR MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTI- CLE FIFTEEN-A OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR TECHNOLOGY THAT ARE RECYCLED OR REMANUFACTURED, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS AND WITH- OUT FURTHER BOARD APPROVAL. S 13. Paragraph (f) of subdivision 3 of section 2879-a of the public authorities law, as added by chapter 506 of the laws of 2009, is amended to read as follows: (f) contracts for the sale or delivery of power or energy and costs and services ancillary thereto for economic development purposes pursu- ant to title one of article five of this chapter or article six of the economic development law, provided, however, that the authority shall file copies of any such contract with the comptroller within sixty days after the execution of such contract; AND (G) CONTRACTS ENTERED INTO BY THE METROPOLITAN TRANSPORTATION AUTHORITY OR THE NEW YORK CITY TRANSIT AUTHORITY THAT ARE: I. AWARDED PURSUANT TO SECTION ONE THOUSAND TWO HUNDRED NINE OR SECTION ONE THOUSAND TWO HUNDRED SIXTY-FIVE-A OF THIS CHAPTER BY A METHOD OF PROCUREMENT THAT IS COMPETITIVE; OR II. FOR A TRANSFER OF TITLE OR ANY OTHER BENEFICIAL INTEREST IN REAL PROPERTY OF SUCH AN AUTHORITY BY SALE, EXCHANGE OR TRANSFER, FOR CASH, CREDIT, OR OTHER PROPERTY, WITH OR WITHOUT WARRANTY. S 14. Subparagraph (B) of paragraph 2 of subsection (a) of section 2504 of the insurance law is amended to read as follows: (B) the city of New York, a public corporation or public authority, in connection with the construction of electrical generating and trans- S. 6408--A 11 A. 9008--A mission facilities or construction, extensions and additions of light rail or heavy rail rapid transit and commuter railroads, OR BRIDGE, TUNNEL OR OMNIBUS FACILITIES. S 15. This act shall take effect immediately. PART C Section 1. Subdivisions 2 and 3 of section 1204-d of the public authorities law, as added by chapter 530 of the laws of 2006, are amended and a new subdivision 1-a is added to read as follows: 1-A. THE AUTHORITY MAY ON SUCH TERMS AND CONDITIONS AS THE AUTHORITY MAY DETERMINE NECESSARY, CONVENIENT OR DESIRABLE ENTER INTO ANY JOINT ARRANGEMENT AS DEFINED IN SUBDIVISION NINE-A OF SECTION TWELVE HUNDRED SIXTY-ONE OF THIS CHAPTER AND MAY EXERCISE ALL OF ITS POWERS IN CONNECTION WITH ANY JOINT ARRANGEMENT. 2. Any such joint service arrangement OR JOINT ARRANGEMENT shall be authorized only by resolution of the authority approved by not less than a majority vote of the whole number of members of the board of the authority then in office, except that in the event of a tie vote the chairman shall cast one additional vote. 3. All general powers of the authority shall be applicable to joint service arrangements AND JOINT ARRANGEMENTS. THE AUTHORITY SHALL ALSO HAVE ALL OF THE POWERS OF THE METROPOLITAN TRANSPORTATION AUTHORITY AS SET FORTH IN SECTION TWELVE HUNDRED SIXTY-SIX-I OF THIS CHAPTER. S 2. Section 1261 of the public authorities law is amended by adding two new subdivisions 9-a and 18-a to read as follows: 9-A. "JOINT ARRANGEMENT" SHALL MEAN AN ARRANGEMENT, INCLUDING A PUBL- IC-PRIVATE PARTNERSHIP, BETWEEN OR AMONG THE AUTHORITY, ITS SUBSID- IARIES, NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARY, AND ANY OTHER PARTY OR PARTIES, INCLUDING PUBLIC ENTITIES AND PRIVATE ENTITIES, ON SUCH TERMS AND CONDITIONS AS THE AUTHORITY, ANY OF ITS SUBSIDIARIES, NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY, DEEMS NECESSARY OR APPROPRIATE, IN THE FORM OF A CONTRACT, CONCESSION, LICENSE, LEASE, ALLIANCE, JOINT VENTURE, CORPORATION, INCLUDING A LIMITED LIABILITY CORPORATION, A PARTNERSHIP, OR OTHER ARRANGEMENT, IN SUPPORT OF, ASSOCI- ATED WITH, DERIVATIVE FROM, OR INCIDENTAL TO, THE PLANNING, ACQUISITION, DESIGN, ESTABLISHMENT, CONSTRUCTION, REHABILITATION, RECONSTRUCTION, IMPROVEMENT, EXTENSION, RENEWAL, REPAIR, OPERATION, MAINTENANCE, DEVEL- OPMENT OR FINANCING OF TRANSPORTATION IN WHOLE OR IN PART IN OR UPON ONE OR MORE TRANSPORTATION FACILITIES LOCATED IN WHOLE OR IN PART WITHIN THE DISTRICT INCLUDING WITHOUT LIMITATION, AGREEMENTS RELATING TO INTERMODAL AND SHARED FACILITIES, THE DISTRIBUTION OF FARE AND TOLL PAYMENT MEDIA AND ELECTRONIC PAYMENT DEVICES, OR THE COLLECTION OF FARES, TOLLS AND OTHER CHARGES. 18-A. "TRANSPORTATION PURPOSE" SHALL MEAN A PURPOSE THAT DIRECTLY OR INDIRECTLY SUPPORTS ALL OR ANY OF THE MISSIONS OR PURPOSES OF THE AUTHORITY, ANY OF ITS SUBSIDIARIES, NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY, INCLUDING THE PRODUCTION OF REVENUES AVAILABLE FOR THE COSTS AND EXPENSES OF ALL OR ANY TRANSPORTATION FACILITIES. S 3. Subdivisions 3, 6, 8, and 11 of section 1266 of the public authorities law, subdivision 3 as amended and subdivision 11 as added by chapter 314 of the laws of 1981, and subdivisions 6 and 8 as amended by section 23 of part O of chapter 61 of the laws of 2000, are amended and three new subdivisions 2-a, 12-a and 19 are added to read as follows: 2-A. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, THE AUTHORITY, ANY OF ITS SUBSIDIARIES, NEW YORK CITY TRANSIT AUTHORITY OR S. 6408--A 12 A. 9008--A ITS SUBSIDIARY, MAY ON SUCH TERMS AND CONDITIONS AS THEY MAY DETERMINE NECESSARY, CONVENIENT OR DESIRABLE ENTER INTO ANY JOINT ARRANGEMENT AS HEREINAFTER PROVIDED AND MAY EXERCISE ALL OF ITS POWERS IN CONNECTION WITH ANY JOINT ARRANGEMENT. ANY JOINT ARRANGEMENT SHALL BE AUTHORIZED ONLY BY RESOLUTION OF THE AUTHORITY APPROVED BY NOT LESS THAN A MAJORITY VOTE OF THE WHOLE NUMBER OF MEMBERS OF THE AUTHORITY THEN IN OFFICE, EXCEPT THAT IN THE EVENT OF A TIE VOTE THE CHAIRMAN SHALL CAST ONE ADDI- TIONAL VOTE. 3. The authority may establish, levy and collect or cause to be estab- lished, levied and collected and, in the case of a joint service arrangement OR A JOINT ARRANGEMENT, join with others in the establish- ment, levy and collection of such fares, tolls, rentals, rates, charges and other fees as it may deem necessary, convenient or desirable for the use and operation of any transportation facility and related services OR ACTIVITIES (A) operated by the authority or by a subsidiary corporation of the authority or under contract, lease or other arrangement, includ- ing joint service arrangements OR JOINT ARRANGEMENTS, with the authority OR A SUBSIDIARY CORPORATION OF THE AUTHORITY; OR (B) OPERATED BY NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY IN CONNECTION WITH A JOINT ARRANGEMENT INVOLVING ANY TRANSPORTATION FACILITIES OF NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY. THE AUTHORITY MAY ALSO ENTER INTO A JOINT ARRANGEMENT WITH AN ENTITY HAVING THE POWER TO ESTABLISH, LEVY AND COLLECT TAXES AND ASSESSMENTS, WHICH JOINT ARRANGEMENT MAY USE SUCH ENTITY'S POWER TO ESTABLISH, LEVY AND COLLECT TAXES AND ASSESSMENTS FOR THE BENEFIT OF SUCH JOINT ARRANGEMENT, AS SUCH JOINT ARRANGEMENT MAY DEEM NECESSARY, CONVENIENT OR DESIRABLE FOR THE USE AND OPERATION OF ANY TRANSPORTATION FACILITY AND RELATED SERVICES OR ACTIVITIES OPERATED BY THE AUTHORITY, A SUBSIDIARY CORPORATION OF THE AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY OR UNDER CONTRACT, LEASE OR OTHER ARRANGEMENT. Any such fares, tolls, rentals, rates, TAXES, ASSESSMENTS, charges or other fees for the transportation of passengers shall be established and changed only if approved by resolution of the authority adopted by not less than a majority vote of the whole number of members of the authority then in office, with the chairman having one additional vote in the event of a tie vote, and only after a public hearing, provided however, that fares, tolls, rentals, rates, TAXES, ASSESSMENTS, charges or other fees for the transportation of passengers on any trans- portation facility which are in effect at the time that the then owner of such transportation facility becomes a subsidiary corporation of the authority or at the time that operation of such transportation facility is commenced by the authority or is commenced under contract, lease or other arrangement, including joint service arrangements OR JOINT ARRANGEMENTS, with the authority OR WHICH HAVE BEEN ESTABLISHED BY THE NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY CORPORATIONS AND ARE IN EFFECT ON THE DATE THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN THAT AMENDED THIS SUBDIVISION TAKES EFFECT may be continued in effect without such a hearing. Such fares, tolls, rentals, rates, TAXES, ASSESSMENTS, charges and other fees shall be established as may in the judgment of the authority be necessary to maintain the combined oper- ations of the authority and its subsidiary corporations on a self-sus- taining basis. The said operations shall be deemed to be on a self-sus- taining basis as required by this title, when the authority is able to pay or cause to be paid from revenue and any other funds or property actually available to the authority and its subsidiary corporations (a) as the same shall become due, the principal of and interest on the bonds and notes and other obligations of the authority and of such subsidiary S. 6408--A 13 A. 9008--A corporations, together with the maintenance of [proper] reserves, IF ANY, therefor, (b) the cost and expense of keeping the properties and assets of the authority and its subsidiary corporations in good condi- tion and repair, and (c) the capital and operating expenses of the authority and its subsidiary corporations. The authority may contract with the holders of bonds [and] , notes AND OTHER OBLIGATIONS with respect to the exercise of the powers authorized by this section. No acts or activities taken or proposed to be taken by the authority or any subsidiary of the authority pursuant to the provisions of this subdivi- sion shall be deemed to be "actions" for the purposes or within the meaning of article eight of the environmental conservation law. 6. Each of the authority and its subsidiaries, and the New York city transit authority and its subsidiaries, in its own name or in the name of the state, may apply for and receive and accept grants of property, money and services and other assistance offered or made available to it by any person, government or agency, INCLUDING SUCH GRANTS OR OTHER ASSISTANCE OFFERED OR MADE AVAILABLE TO IT UNDER A JOINT SERVICE ARRANGEMENT OR A JOINT ARRANGEMENT, which it may use to meet capital or operating expenses and for any other use within the scope of its powers, and to negotiate for the same upon such terms and conditions as the respective authority may determine to be necessary, convenient or desir- able. 8. The authority may do all things it deems necessary, convenient or desirable to manage, control and direct the maintenance and operation of transportation facilities, equipment or real property operated by or under contract, lease or other arrangement with the authority and its subsidiaries, and New York city transit authority and its subsidiaries. [Except as hereinafter specially provided, no] NO municipality or poli- tical subdivision, including but not limited to a county, city, village, town or school or other district shall have jurisdiction over any facil- ities of the authority and its subsidiaries, and New York city transit authority and its subsidiaries, or any of their activities or operations EXCEPT WITH THE EXPRESS CONSENT OF THE AUTHORITY OR ONE OF ITS SUBSID- IARIES OR THE NEW YORK CITY TRANSIT AUTHORITY OR ONE OF ITS SUBSIDIARIES. [The local] LOCAL laws, resolutions, ordinances, rules and regulations of a municipality or political subdivision, heretofore or hereafter adopted, [conflicting with this title or any rule or regu- lation of the authority or its subsidiaries, or New York city transit authority or its subsidiaries,] shall not be applicable to the activ- ities or operations of the authority and its subsidiaries, and New York city transit authority, or the facilities of the authority and its subsidiaries, and New York city transit authority and its subsidiaries, except such ACTIVITIES OR OPERATIONS OR facilities that are devoted SOLELY AND ENTIRELY to [purposes] A PURPOSE other than A transportation or transit [purposes] PURPOSE, WHICH TRANSPORTATION OR TRANSIT PURPOSE MAY BE THE PRODUCTION OF REVENUE AVAILABLE FOR THE COSTS AND EXPENSES OF ALL OR ANY ACTIVITIES OR OPERATIONS OR FACILITIES OF THE AUTHORITY AND ITS SUBSIDIARIES, AND NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSID- IARIES. Each municipality or political subdivision, including but not limited to a county, city, village, town or district in which any facil- ities of the authority or its subsidiaries, or New York city transit authority or its subsidiaries are located shall provide for such facili- ties police, fire and health protection services of the same character and to the same extent as those provided for residents of such munici- pality or political subdivision. S. 6408--A 14 A. 9008--A The jurisdiction, supervision, powers and duties of the department of transportation of the state under the transportation law shall not extend to the authority in the exercise of any of its powers under this title. The authority may agree with such department for the execution by such department of any grade crossing elimination project or any grade crossing separation reconstruction project along any railroad facility operated by the authority or by one of its subsidiary corporations or under contract, lease or other arrangement with the authority. Any such project shall be executed as provided in article ten of the transporta- tion law and the railroad law, respectively, and the costs of any such project shall be borne as provided in such laws, except that the author- ity's share of such costs shall be borne by the state. 11. No project to be constructed upon real property theretofore used for a transportation purpose, or on an insubstantial addition to such property contiguous OR ADJACENT AND RELATED thereto, which will not change in a material respect the general character of such prior trans- portation use, nor any acts or activities in connection with such project, shall be subject to the provisions of article eight, nineteen, twenty-four or twenty-five of the environmental conservation law, or to any local law or ordinance adopted pursuant to any such article. Nor shall any acts or activities taken or proposed to be taken by the authority or by any other person or entity, public or private, in connection with the planning, design, acquisition, improvement, construction, reconstruction or rehabilitation of a transportation facility, other than a marine or aviation facility, be subject to the provisions of article eight of the environmental conservation law, or to any local law or ordinance adopted pursuant to any such article if such acts or activities require the preparation of a statement under or pursuant to any federal law or regulation as to the environmental impact thereof. NOR SHALL ANY ACQUISITION OR CONDEMNATION OF REAL PROPERTY, OR ACTS OR ACTIVITIES TAKEN OR PROPOSED TO BE TAKEN ON SUCH REAL PROPERTY, BE SUBJECT TO THE PROVISIONS OF ARTICLE EIGHT, NINETEEN, TWENTY-FOUR OR TWENTY-FIVE OF THE ENVIRONMENTAL CONSERVATION LAW, OR TO ANY LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO ANY SUCH ARTICLE, WHEN THE AUTHORITY HAS CERTIFIED TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION THAT SUCH REAL PROPERTY IS ACQUIRED OR CONDEMNED IN CONNECTION WITH A FUTURE PROJECT THAT WILL LIKELY CONSTITUTE A CAPITAL ELEMENT AS DEFINED BY SECTION TWELVE HUNDRED SIXTY-NINE-B OF THIS TITLE, UNTIL SUCH TIME AS THAT CAPITAL ELEMENT IS INCLUDED IN A CAPITAL PROGRAM PLAN OR UNTIL SUCH TIME AS THE PROJECT IS OTHERWISE SUBJECT TO THOSE PROVISIONS. 12-A. WHENEVER IN CONNECTION WITH THE IMPROVEMENT, CONSTRUCTION, RECONSTRUCTION OR REHABILITATION OF A TRANSPORTATION FACILITY, INCLUDING AS PART OF A JOINT ARRANGEMENT, THE AUTHORITY DETERMINES THAT THE PIPES, MAINS OR CONDUITS OF ANY PUBLIC SERVICE CORPORATION AND ANY FIXTURES AND APPLIANCES CONNECTED THEREWITH OR ATTACHED THERETO MUST BE REMOVED OR OTHERWISE PROTECTED OR REPLACED, THE COST OF SUCH REMOVAL, PROTECTION OR REPLACEMENT WHETHER PERFORMED BY THE AUTHORITY OR THE PUBLIC SERVICE CORPORATION SHALL BE BORNE SOLELY BY THE PUBLIC SERVICE CORPORATION. 19. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW, CODE, ORDINANCE, RULE OR REGULATION TO THE CONTRARY, THE AUTHORITY, ITS SUBSIDIARIES, NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARY MAY ERECT ADVERTISING SIGNS OR DEVICES INCLUDING ILLUMINATED OR DIGITAL SIGNS OR DEVICES WITHIN OR ON ANY OF ITS TRANSPORTATION FACILITIES AND MAY INSTALL, MAINTAIN, AND DISPLAY ADVERTISING ON SUCH SIGNS OR DEVICES, AND MAY RENT, LEASE, LICENSE OR OTHERWISE SELL THE RIGHT TO DO SO TO ANY PERSON, PRIVATE OR PUBLIC. SUCH ADVERTISING SIGNS OR DEVICES AND THE S. 6408--A 15 A. 9008--A PRODUCTION OF REVENUE FROM THEM FOR THE AUTHORITY SHALL BE DEEMED A TRANSPORTATION PURPOSE AND NEITHER THE AUTHORITY, ITS SUBSIDIARIES, NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY, NOR ANY PERSON, PRIVATE OR PUBLIC, TO WHOM THE AUTHORITY, ITS SUBSIDIARIES, NEW YORK CITY TRANS- IT AUTHORITY OR ITS SUBSIDIARY HAS RENTED, LEASED, LICENSED OR OTHERWISE SOLD THE RIGHT TO INSTALL, MAINTAIN AND DISPLAY SUCH ADVERTISING MAY BE REQUIRED TO PAY ANY FEES, TAXES OR ASSESSMENTS, WHETHER STATE OR LOCAL, UPON SUCH ADVERTISING SIGNS OR DEVICES OR THE USE THEREOF OR THE REVENUE OR INCOME THEREFROM. S 4. The public authorities law is amended by adding a new section 1266-k to read as follows: S 1266-K. JOINT ARRANGEMENTS 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY IS AUTHORIZED, IN ADDITION TO ITS OTHER RIGHTS AND POWERS NOT INCONSISTENT WITH THE PROVISIONS OF THIS TITLE, TO: (A) ENTER INTO ANY JOINT ARRANGEMENT; (B) ACCEPT ANY GIFTS OR ANY APPROPRIATION OR GRANT OF FUNDS OR PROPER- TY FOR THE PURPOSES OF A JOINT ARRANGEMENT FROM ANY PRIVATE ENTITY OR PUBLIC ENTITY AND TO COMPLY WITH THE TERMS AND CONDITIONS THEREOF; (C) ISSUE ITS NOTES OR BONDS, TO FINANCE ALL OR ANY PART OF THE COSTS OF ANY JOINT ARRANGEMENT; (D) USE THE AUTHORITY'S EMINENT DOMAIN POWERS, ON SUCH TERMS AND CONDITIONS AS THE AUTHORITY DEEMS APPROPRIATE, TO ACQUIRE PROPERTY REQUIRED FOR JOINT ARRANGEMENTS; (E) TAKE AN EQUITY OR OTHER OWNERSHIP INTEREST IN ANY JOINT ARRANGE- MENT IN THE FORM OF STOCK OWNERSHIP, PARTNERSHIP INTERESTS OR OTHER INTERESTS AND MEMBERS OF THE AUTHORITY AND EMPLOYEES OF THE AUTHORITY SHALL BE PERMITTED TO SERVE ON THE BOARD OF DIRECTORS, MANAGEMENT COMMITTEE OR OTHER CONTROLLING BODY OF THE JOINT ARRANGEMENT PROVIDED THAT ANY SUCH APPOINTMENT SHALL HAVE BEEN APPROVED BY A MAJORITY OF THE WHOLE NUMBER OF MEMBERS OF THE AUTHORITY THEN IN OFFICE. 2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY MAY: (A) ACCEPT, FOLLOWING COMPLIANCE WITH THE PROCEDURE SET FORTH IN THIS SUBSECTION, PROPOSALS FROM PUBLIC ENTITIES OR PRIVATE ENTITIES FOR JOINT ARRANGEMENTS. (I) THE AUTHORITY IS HEREBY AUTHORIZED TO ACCEPT UNSOLICITED PROPOSALS FOR JOINT ARRANGEMENTS. (II) AN UNSOLICITED PROPOSAL MUST INCLUDE AT A MINIMUM: (A) A DESCRIPTION OF THE PROPOSED JOINT ARRANGEMENT, INCLUDING THE LOCATION, CONCEPTUAL DESIGN, ANY INTERCONNECTION OF SUCH JOINT ARRANGE- MENT WITH OTHER EXISTING OR PROPOSED TRANSPORTATION FACILITIES, AND THE BENEFITS TO THE AUTHORITY OF THE JOINT ARRANGEMENT; (B) THE PROJECTED TOTAL COST AND PLANS FOR FINANCING, INCLUDING SOURC- ES OF FUNDING, FOR THE JOINT ARRANGEMENT; (C) THE PROPOSED SCHEDULE FOR THE DEVELOPMENT OF THE PROPOSED JOINT ARRANGEMENT; (D) THE MEANS PROPOSED FOR THE PROCUREMENT OF THE PROPERTY INTERESTS REQUIRED FOR THE PROPOSED JOINT ARRANGEMENT; (E) INFORMATION RELATING TO THE CONSISTENCY OF THE PROPOSAL WITH THE CURRENT TRANSPORTATION PLANS OF THE AUTHORITY AND ANY AFFECTED STATE OR LOCAL JURISDICTION; (F) A LIST OF PERMITS AND APPROVALS REQUIRED FOR THE IMPLEMENTATION OF THE PROPOSED JOINT ARRANGEMENT AND A SCHEDULE FOR THE ACQUISITION OF SUCH PERMITS AND APPROVALS FROM THE APPROPRIATE LOCAL, STATE AND FEDERAL AGENCIES; S. 6408--A 16 A. 9008--A (G) THE AUTHORITY'S PROPOSED ROLE AND RESPONSIBILITIES, INCLUDING ANY FINANCIAL ASSISTANCE, IN THE DEVELOPMENT OF THE PROPOSED JOINT ARRANGE- MENT AND IMPLEMENTATION OF THE PROPOSED TRANSPORTATION SERVICE; AND (H) THE NAME AND ADDRESS OF THE PROPOSER. (III) AFTER THE RECEIPT OF AN UNSOLICITED PROPOSAL, THE AUTHORITY MAY REQUIRE SUCH ADDITIONAL INFORMATION FROM THE PROPOSER AS THE AUTHORITY DEEMS PERTINENT TO THE CONSIDERATION OF THE PROPOSAL. (IV) AFTER THE RECEIPT OF AN UNSOLICITED PROPOSAL THAT THE AUTHORITY FINDS (A) TO HAVE FULFILLED THE REQUIREMENTS OF SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH, (B) TO BE CONSISTENT WITH THE AUTHORITY'S TRANSPORTATION OBJECTIVES, AND (C) TO BE A CONCEPT THAT THE AUTHORITY WISHES TO PURSUE, THE AUTHORITY MAY, AFTER CONSULTING WITH THE ENTITY MAKING THE PROPOSAL, PREPARE AND ISSUE A PUBLIC REQUEST FOR COMPETING PROPOSALS. (V) SUCH PUBLIC REQUEST FOR COMPETING PROPOSALS MUST: (A) DESCRIBE THE UNSOLICITED PROPOSAL IN SUCH A WAY THAT, IN THE DISCRETION OF THE AUTHORITY, IT FAIRLY SOLICITS COMPETITIVE PROPOSALS THAT COULD ACHIEVE THE TRANSPORTATION BENEFIT PROPOSED BY THE UNSOLICIT- ED PROPOSAL; (B) PROVIDE FOR A PERIOD, NOT TO EXCEED NINETY DAYS, FOR THE INITIAL SUBMISSION OF COMPETING PROPOSALS; AND (C) REQUIRE THAT SUCH COMPETING PROPOSALS INCLUDE THE INFORMATION REQUIRED FOR UNSOLICITED PROPOSALS, AS SET FORTH IN SUBPARAGRAPH (II) OF THIS PARAGRAPH. (VI) AFTER RECEIVING ANY SUCH COMPETING PROPOSALS, THE AUTHORITY MAY REQUIRE SUCH ADDITIONAL INFORMATION FROM ANY PROPOSER AS THE AUTHORITY DEEMS PERTINENT TO THE CONSIDERATION OF THE APPLICABLE PROPOSAL AND MAY ALLOW FOR THE SUBMISSION OF ADDITIONAL INFORMATION CONCERNING THE UNSO- LICITED PROPOSAL OR ANY COMPETING PROPOSAL. 3. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY MAY ENTER INTO A JOINT ARRANGEMENT WITH THE PUBLIC ENTITY OR PRIVATE ENTITY WHICH HAS SUBMITTED THE UNSOLICITED OR SOLICITED PROPOSAL THAT BEST DEMONSTRATES THE FOLLOWING: (A) A PUBLIC NEED FOR THE PROPOSED JOINT ARRANGEMENT; (B) THE PROPOSED JOINT ARRANGEMENT AND THE SCHEDULING OF ITS DEVELOP- MENT AND IMPLEMENTATION AND ITS CONNECTIONS TO THE EXISTING TRANSPORTA- TION SYSTEM ARE COMPATIBLE WITH THE TRANSPORTATION PLANS OF THE AUTHORI- TY AND OF ANY STATE OR LOCAL JURISDICTIONS; (C) THE ESTIMATED COST OF THE PROPOSED JOINT ARRANGEMENT AND OF DELIV- ERY OF THE TRANSPORTATION SERVICE IS REASONABLE AND THE EXPENDITURE OF ANY AUTHORITY FUNDS ON THE FACILITY WOULD PROVIDE A REASONABLE TRANSPOR- TATION BENEFIT, RELATIVE TO THE ESTIMATED COST; (D) THE FINANCING OF THE IMPLEMENTATION AND OPERATION OF THE PROPOSED JOINT ARRANGEMENT IS FEASIBLE; AND (E) THE PROPOSAL PROVIDES THE BEST VALUE TO THE AUTHORITY AND THE PROPOSED JOINT ARRANGEMENT SATISFIES ANY OTHER CRITERIA APPLIED BY THE AUTHORITY IN ASCERTAINING WHETHER IMPLEMENTATION AND OPERATION OF THE PROPOSED JOINT ARRANGEMENT IS IN THE INTERESTS OF THE AUTHORITY. 4. (A) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE AUTHORITY TO ACCEPT ANY UNSOLICITED PROPOSAL, MAKE ANY SOLICITATION OR REQUEST FOR COMPETITIVE PROPOSALS, OR ENTER INTO ANY AGREEMENT WITH ANY PUBLIC OR PRIVATE ENTITY. (B) NOTHING IN THIS SECTION SHALL BE DEEMED TO (I) SUPERSEDE OR LIMIT THE APPLICABILITY OF THE AUTHORITY'S EXISTING POWERS AND AUTHORITY, OR (II) REQUIRE THE AUTHORITY TO ACCEPT ANY PROJECT THROUGH THE PROVISIONS OF THIS SECTION, OR (III) REQUIRE THE AUTHORITY TO ENTER INTO ANY AGREE- S. 6408--A 17 A. 9008--A MENTS HEREUNDER, OR (IV) REQUIRE THE AUTHORITY TO TAKE ANY ACTION THAT WOULD CONTRADICT OR IMPACT AN EXISTING AUTHORITY CONTRACT OR AGREEMENT WITH ITS BONDHOLDERS. (C) SECTION TWENTY-EIGHT HUNDRED NINETY-SEVEN OF THIS CHAPTER SHALL NOT APPLY TO ANY TRANSFER OF TITLE OR ANY OTHER BENEFICIAL INTEREST IN PERSONAL OR REAL PROPERTY BY THE AUTHORITY PURSUANT TO THE TERMS OF A JOINT ARRANGEMENT. (D) THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE ANY RULES AND REGULATIONS DEEMED NECESSARY OR DESIRABLE FOR THE IMPLEMENTATION OF THIS SECTION. 5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AGREEMENTS ENTERED INTO PURSUANT TO THIS SECTION MAY PROVIDE FOR: (A) THE PLANNING, ACQUISITION, DESIGN, CONSTRUCTION, RECONSTRUCTION, REHABILITATION, ESTABLISHMENT, IMPROVEMENT, RENOVATION, EXTENSION, REPAIR, OPERATION, MAINTENANCE, DEVELOPMENT OR FINANCING OF TRANSPORTA- TION FACILITIES AND JOINT ARRANGEMENTS AND THE PROVISION OF TRANSPORTA- TION SERVICES. (B) THE ESTABLISHMENT, LEVY AND COLLECTION OF FARES, USER FEES, TOLLS, RENTALS, RATES OR OTHER CHARGES FOR THE USE OF TRANSPORTATION FACILI- TIES, JOINT ARRANGEMENTS OR FOR THE RECEIPT OF TRANSPORTATION SERVICES PURSUANT TO THIS SECTION AS THE AUTHORITY MAY DEEM NECESSARY, CONVENIENT OR DESIRABLE; AND (C) THE CROSSING OF ANY STREET, HIGHWAY, RAILROAD, CANAL, NAVIGABLE WATER COURSE OR RIGHT-OF-WAY, SO LONG AS THE CROSSING DOES NOT UNREASON- ABLY INTERFERE WITH THE REASONABLE USE THEREOF. 6. IN THE EVENT A PUBLIC OR PRIVATE ENTITY MATERIALLY DEFAULTS ON ITS OBLIGATIONS UNDER A JOINT ARRANGEMENT, THE AUTHORITY IS HEREBY AUTHOR- IZED TO ACQUIRE ALL OR ANY PORTION OF ANY JOINT ARRANGEMENT CONSTRUCTED BY OR IN CONJUNCTION WITH SUCH PUBLIC ENTITY OR PRIVATE ENTITY, WITH ANY DAMAGES SUFFERED TO THE AUTHORITY AS A RESULT OF SUCH DEFAULT BEING AN OFFSET TO THE COMPENSATION PROVIDED FOR THE ACQUISITION OF THE JOINT ARRANGEMENT. IN THE EVENT OF SUCH ACQUISITION AND NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY IS HEREBY AUTHORIZED, BUT NOT REQUIRED, TO OPERATE AND MAINTAIN THE JOINT ARRANGEMENT, INCLUD- ING THE IMPOSITION AND COLLECTION OF APPLICABLE FEES, FARES, TOLLS OR OTHER CHARGES. 7. ANY REQUEST FOR PROPOSAL OR AGREEMENT ENTERED PURSUANT TO THIS SECTION SHALL MAKE PROVISION FOR THE PROTECTION OF INTERESTS AND RIGHTS IN INTELLECTUAL PROPERTY AND TRADE SECRETS. THE CONTENTS OF PROPOSALS RECEIVED BY THE AUTHORITY PURSUANT TO THIS SECTION SHALL BE CONSIDERED, FOR THE PURPOSES OF SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW, RECORDS WHICH, IF DISCLOSED, WOULD IMPAIR PRESENT OR IMMINENT CONTRACT AWARDS. S 5. Subdivisions 5 and 6 of section 1267 of the public authorities law, as added by chapter 324 of the laws of 1965, are amended to read as follows: 5. The authority may, whenever it determines that it is in the inter- est of the authority, dispose of any real property or property other than real property, which it determines is not necessary, convenient or desirable for its purposes. SUCH DISPOSALS OF REAL OR PERSONAL PROPERTY MAY BE NEGOTIATED OR MADE BY PUBLIC AUCTION AS PERMITTED BY SUBDIVISION SIX OF SECTION TWENTY-EIGHT HUNDRED NINETY-SEVEN OF THIS CHAPTER AND MAY ALSO BE MADE BY NEGOTIATION IF: (A) THE CHARACTER OR CONDITION OF THE PROPERTY, THE NATURE OF THE INTEREST TO BE CONVEYED, OR OTHER UNIQUE CIRCUMSTANCES OF THE DISPOSAL MAKE IT IMPRACTICABLE TO ADVERTISE PUBLICLY; AN APPRAISAL OF THE ESTI- S. 6408--A 18 A. 9008--A MATED FAIR MARKET VALUE OF THE PROPERTY HAS BEEN MADE BY AN INDEPENDENT APPRAISER AND INCLUDED IN THE RECORD OF THE TRANSACTION; AND THE CONSID- ERATION RECEIVED BY THE AUTHORITY FOR THE PROPERTY, INCLUDING THE VALUE OF OTHER PROPERTY EXCHANGED, WILL NOT BE LESS THAN THE PROPERTY'S APPRAISED VALUE; OR (B) THE DISPOSAL IS MADE TO A GOVERNMENT OR OTHER PUBLIC ENTITY, AND THE TERMS AND CONDITIONS OF THE TRANSFER REQUIRE THAT THE OWNERSHIP AND USE OF THE PROPERTY WILL REMAIN WITH THE GOVERNMENT OR OTHER PUBLIC ENTITY, OR THE DISPOSAL IS PART OF A TRANSACTION THAT FURTHERS AND IS WITHIN THE AUTHORITY'S PURPOSE OR MISSION AND THE APPRAISED VALUE OF THE PROPERTY AND OTHER SATISFACTORY TERMS OF DISPOSAL ARE OBTAINED. 6. The authority may, whenever it shall determine that it is in the interest of the authority, rent, lease, [or] grant, MODIFY OR EXCHANGE easements or other rights in, any land or property of the authority AND TO THE EXTENT SUCH A LEASE, GRANT, MODIFICATION OR EXCHANGE IS DEEMED A DISPOSAL THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION SHALL APPLY. S 6. Subdivision 1 of section 119-r of the general municipal law, as added by chapter 717 of the laws of 1967, is amended to read as follows: 1. To assure the provision of mass transportation services to the public at adequate levels and at reasonable cost, every city, town, village or county not wholly contained within a city, shall have power to adopt local laws to authorize: a. The acquisition, construction, reconstruction, improvement, equip- ment, maintenance, FINANCING, or operation of one or more mass transpor- tation projects. Such municipal corporation shall have power to occupy or use any of the streets, roads, highways, avenues, parks or public places of such municipal corporation therefor and to agree upon and contract for the terms and conditions thereof. b. The making of a contract or contracts for the acquisition by purchase of all or any part of the property, plant and equipment of an existing mass transportation facility actually used and useful for the convenience of the public. c. The making of a contract or contracts with any person, firm or corporation, including a public authority, for the equipment, mainte- nance or operation of a mass transportation facility owned, acquired, constructed, reconstructed or improved by it. d. The making of a contract or contracts for a fair and reasonable consideration for mass transportation services to be rendered to the public by a privately-owned or operated mass transportation facility. Such power shall include but not be limited to the power to appropriate funds for payment of such consideration, and to provide that all or part of such consideration shall be in the form of capital equipment to be furnished to and used and maintained by such privately-owned or operated mass transportation facility. e. The making of unconditional grants of money or property to a public authority providing mass transportation services to all or part of such municipal corporation in order to assist such public authority in meet- ing its capital or operating expenses, provided such money does not consist of borrowed funds and such property has not been acquired by the use of borrowed funds. Such purpose is hereby declared to be county, city, town or village purposes, respectively. The provisions of this paragraph are intended as enabling legislation only and shall not be interpreted as implying that absent their enactment a municipal corpo- ration would lack the power to authorize any such grant; but they shall not be interpreted as an authorization to public authorities generally to accept such grants. The acceptance of any such grant by a public S. 6408--A 19 A. 9008--A authority shall not operate to make such authority an agency of the municipal corporation making the grant. F. THE MAKING OF A CONTRACT WITH THE METROPOLITAN TRANSPORTATION AUTHORITY, BY ITSELF OR WITH ONE OR MORE OTHER MUNICIPAL CORPORATIONS, WHICH SHALL CONSTITUTE A JOINT ARRANGEMENT AS DEFINED IN SUBDIVISION NINE-A OF SECTION TWELVE HUNDRED SIXTY-ONE OF THE PUBLIC AUTHORITIES LAW, TO ASSIST THE AUTHORITY IN MEETING ITS CAPITAL OR OPERATING EXPENSES IN PROVIDING MASS TRANSPORTATION SERVICES OF BENEFIT TO ALL OR PART OF SUCH MUNICIPAL CORPORATION, INCLUDING UNDERTAKING A MASS TRANS- PORTATION CAPITAL PROJECT IN OR NEAR THE MUNICIPAL CORPORATION. UNDER SUCH A JOINT ARRANGEMENT, A MUNICIPAL CORPORATION MAY, ACCORDING TO THE TERMS OF THE CONTRACT WITH THE AUTHORITY, ESTABLISH, LEVY AND COLLECT SUCH FARES, TOLLS, RENTALS, RATES, TAXES, ASSESSMENTS, CHARGES AND OTHER FEES AND MAY CONDITIONALLY OR UNCONDITIONALLY GRANT OR PLEDGE A PORTION OF ITS REVENUES ALLOCATED ACCORDING TO SUBDIVISION E OF THIS SECTION. G. THE DESIGNATION OF A MASS TRANSPORTATION CAPITAL PROJECT DISTRICT THAT A MUNICIPAL CORPORATION DEFINES AS BENEFITTING FROM ANY MASS TRANS- PORTATION CAPITAL PROJECT. UPON DESIGNATING SUCH A DISTRICT, THE MUNICI- PAL CORPORATION MAY ALLOCATE A PORTION OF ITS REVENUES FROM THE DISTRICT ACCORDING TO TERMS IT DESIGNS OR HAS AGREED TO BY CONTRACT. NOTWITH- STANDING ANY OTHER LAW, THE MUNICIPAL CORPORATION MAY, IN ALLOCATING AND COLLECTING REVENUES FROM THE DISTRICT, MAKE USE OF ONE OR MORE METHODS TO CAPTURE THE VALUE CREATED BY A MASS TRANSPORTATION CAPITAL PROJECT, INCLUDING, BUT NOT LIMITED TO: (I) TAX INCREMENT FINANCING, MEANING THE ALLOCATION OF AN INCREMENT OF PROPERTY TAX REVENUES IN EXCESS OF THE AMOUNT LEVIED AT THE TIME PRIOR TO PLANNING OF A MASS TRANSPORTATION CAPITAL PROJECT; (II) A SPECIAL TRANSPORTATION ASSESSMENT, MEANING A CHARGE IMPOSED UPON BENEFITED REAL PROPERTY IN PROPORTION TO THE BENEFIT RECEIVED BY SUCH PROPERTY FROM A MASS TRANSPORTATION CAPITAL PROJECT, WHICH SHALL NOT CONSTITUTE A TAX; (III) A TRANSPORTATION UTILITY FEE, MEANING A CHARGE IMPOSED IN PROPORTION TO THE BENEFIT RECEIVED FROM OR THE DEMAND IMPOSED ON A MASS TRANSPORTATION CAPITAL PROJECT, WHICH SHALL NOT CONSTITUTE A TAX; (IV) LAND VALUE TAXATION, MEANING THE ALLOCATION OF AN INCREMENT OF TAX REVENUES GAINED FROM LEVYING TAXES ON THE ASSESSED VALUE OF TAXABLE LAND AT A HIGHER RATE THAN THE IMPROVEMENTS, AS DEFINED IN SUBDIVISION TWELVE OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW; (V) SOME COMBINATION OF THE ABOVE OR OTHER METHODS OF GAINING REVENUES THAT THE MUNICIPAL CORPORATION IS EMPOWERED TO USE, PROVIDED THAT THE TOTAL AMOUNT OF ALL TAXES, ASSESSMENTS, FEES, CHARGES, OR RATES LEVIED ON EACH PARCEL OR LOT UNDER THIS SECTION SHALL BE LIMITED TO A PROPOR- TIONATE AMOUNT AS NEAR AS POSSIBLE TO THE ACTUAL BENEFIT WHICH EACH LOT OR PARCEL WILL DERIVE FROM THE MASS TRANSPORTATION CAPITAL PROJECT; (VI) WITHIN ANY MASS TRANSPORTATION CAPITAL PROJECT DISTRICT THAT A MUNICIPAL CORPORATION SHALL DESIGNATE, ANY LIMIT OR CAP TO THE LEVY OR PROPERTY TAXES OR ASSESSMENT OF TAXABLE VALUE SHALL NOT APPLY. S 7. Paragraph (g) of subdivision 2 of section 3-c of the general municipal law is amended by adding a new subparagraph (v) to read as follows: (V) A TAX LEVY WITHIN A MASS TRANSPORTATION CAPITAL PROJECT DISTRICT, DESIGNATED PURSUANT TO ARTICLE FIVE-I OF THE GENERAL MUNICIPAL LAW. S 8. This act shall take effect immediately; provided that the amend- ment made to section 3-c of the general municipal law by section seven of this act shall not affect the repeal of said section and shall be deemed repealed therewith. S. 6408--A 20 A. 9008--A PART D Section 1. Section 399-l of the vehicle and traffic law, as added by chapter 751 of the laws of 2005, is amended to read as follows: S 399-l. Application. Applicants for participation in the pilot program established pursuant to this article shall be among those acci- dent prevention course sponsoring agencies that have a course approved by the commissioner pursuant to article twelve-B of this title prior to the effective date of this article and which deliver such course to the public. Provided, however, the commissioner may, in his or her discretion, approve applications after such date. In order to be approved for participation in such pilot program, the course must comply with the provisions of law, rules and regulations applicable thereto. The commissioner may, in his or her discretion, impose a fee for the submission of each application to participate in the pilot program established pursuant to this article. Such fee shall not exceed seven thousand five hundred dollars. The proceeds from such fee shall be deposited [in the accident prevention course internet technology pilot program fund as established by section eighty-nine-g of the state finance law] BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB- LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTABLISHED IN THIS SECTION. S 2. Subdivision 2 of section 89-g of the state finance law is REPEALED and subdivisions 3 and 4 are renumbered subdivisions 2 and 3. S 3. Section 5 of chapter 751 of the laws of 2005, amending the insur- ance 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 E of chapter 57 of the laws of 2014, is amended to read as follows: S 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 [May 31, 2019] APRIL 1, 2020; provided that any rules and regulations neces- sary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date. S 4. Paragraph a of subdivision 5 of section 410 of the vehicle and traffic law, as amended by section 16 of part G of chapter 59 of the laws of 2009, is amended to read as follows: a. The annual fee for registration or reregistration of a motorcycle shall be eleven dollars and fifty cents. Beginning April first, nine- teen hundred ninety-eight the annual fee for registration or reregistra- tion of a motorcycle shall be seventeen dollars and fifty cents, of which two dollars and fifty cents shall be deposited BY THE COMPTROLLER into the [motorcycle safety fund established pursuant to section nine- ty-two-g of the state finance law] SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB- LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTABLISHED IN THIS SECTION. S 5. Paragraph (c-1) of subdivision 2 of section 503 of the vehicle and traffic law, as added by chapter 435 of the laws of 1997, is amended to read as follows: (c-1) In addition to the fees established in paragraphs (b) and (c) of this subdivision, a fee of fifty cents for each six months or portion thereof of the period of validity shall be paid upon the issuance of any permit, license or renewal of a license which is valid for the operation of a motorcycle, except a limited use motorcycle. Fees collected pursu- S. 6408--A 21 A. 9008--A ant to this paragraph shall be deposited BY THE COMPTROLLER into the [motorcycle safety fund established pursuant to section ninety-two-g of the state finance law] SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTAB- LISHED IN THIS SECTION. S 6. Subdivision 2 of section 92-g of the state finance law is REPEALED and subdivisions 3 and 4 are renumbered subdivisions 2 and 3. S 7. Section 92-g of the state finance law is REPEALED. S 8. Section 317 of the vehicle and traffic law is amended by adding a new subdivision 5 to read as follows: 5. ALL ASSESSMENTS CHARGED AND COLLECTED BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW. S 9. Paragraph (b) of subdivision 1-a of section 318 of the vehicle and traffic law, as amended by section 1-b of part A of chapter 63 of the laws of 2005, is amended to read as follows: (b) Notwithstanding the provisions of paragraph (a) of this subdivi- sion, an order of suspension issued pursuant to paragraph (a) or (e) of this subdivision may be terminated if the registrant pays to the commis- sioner a civil penalty in the amount of eight dollars for each day up to thirty days for which financial security was not in effect, plus ten dollars for each day from the thirty-first to the sixtieth day for which financial security was not in effect, plus twelve dollars for each day from the sixty-first to the ninetieth day for which financial security was not in effect. Of each eight dollar penalty, six dollars will be deposited in the general fund and two dollars in the [miscellaneous special revenue fund - compulsory insurance account] SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTABLISHED IN THIS SECTION. Of each ten dollar penalty collected, six dollars will be deposited in the general fund, two dollars will be deposited in the [miscellaneous special revenue fund - compulsory insurance account] SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTABLISHED IN THIS SECTION, and two dollars shall be deposited in the dedicated highway and bridge trust fund established pursuant to section eighty-nine-b of the state finance law and the dedicated mass transportation fund established pursuant to section eighty-nine-c of the state finance law and distributed according to the provisions of subdi- vision (d) of section three hundred one-j of the tax law. Of each twelve dollar penalty collected, six dollars will be deposited into the general fund, two dollars will be deposited into the [miscellaneous special revenue fund - compulsory insurance account] SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTABLISHED IN THIS SECTION, and four dollars shall be deposited in the dedicated highway and bridge trust fund established pursuant to section eighty-nine-b of the state finance law and the dedi- cated mass transportation fund established pursuant to section eighty- nine-c of the state finance law and distributed according to the provisions of subdivision (d) of section three hundred one-j of the tax law. The foregoing provision shall apply only once during any thirty-six S. 6408--A 22 A. 9008--A month period and only if the registrant surrendered the certificate of registration and number plates to the commissioner not more than ninety days from the date of termination of financial security or submits to the commissioner new proof of financial security which took effect not more than ninety days from the termination of financial security. S 10. Section 423-a of the vehicle and traffic law is amended by adding a new subdivision 6 to read as follows: 6. ALL FUNDS COLLECTED FROM THE DEPARTMENT'S SHARE OF THE SALE OF ASSETS PURSUANT TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW. S 11. Paragraph (a) of subdivision 3 of section 89-b of the state finance law, as amended by section 8 of part C of chapter 57 of the laws of 2014, is amended to read as follows: (a) The special obligation reserve and payment account shall consist (i) of all moneys required to be deposited in the dedicated highway and bridge trust fund pursuant to the provisions of sections two hundred five, two hundred eighty-nine-e, three hundred one-j, five hundred fifteen and eleven hundred sixty-seven of the tax law, section four hundred one of the vehicle and traffic law, and section thirty-one of chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all fees, fines or penalties collected by the commissioner of transportation AND THE COMMISSIONER OF MOTOR VEHICLES pursuant to section fifty-two, section three hundred twenty-six, section eighty-eight of the highway law, subdivision fifteen of section three hundred eighty-five, SECTION FOUR HUNDRED TWENTY-THREE-A, SECTION FOUR HUNDRED TEN, SECTION THREE HUNDRED SEVENTEEN, SECTION THREE HUNDRED EIGHTEEN, ARTICLE TWELVE-C, AND PARAGRAPH (C-1) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THREE of the vehicle and traffic law, section two of the chapter of the laws of two thousand three that amended this paragraph, subdivision (d) of section three hundred four-a, paragraph one of subdivision (a) and subdivision (d) of section three hundred five, subdivision six-a of section four hundred fifteen and subdivision (g) of section twenty-one hundred twen- ty-five of the vehicle and traffic law, section fifteen of this chapter, excepting moneys deposited with the state on account of betterments performed pursuant to subdivision twenty-seven or subdivision thirty- five of section ten of the highway law, and sections ninety-four, one hundred thirty-five, [one hundred forty-four] and one hundred forty-five of the transportation law, (iii) any moneys collected by the department of transportation for services provided pursuant to agreements entered into in accordance with section ninety-nine-r of the general municipal law, (IV) ANY MONEYS COLLECTED BY THE DEPARTMENT OF MOTOR VEHICLES, and [(iv)] (V) any other moneys collected therefor or credited or trans- ferred thereto from any other fund, account or source. S 12. Paragraph (a) of subdivision 3 of section 89-b of the state finance law, as amended by section 9 of part C of chapter 57 of the laws of 2014, is amended to read as follows: (a) The special obligation reserve and payment account shall consist (i) of all moneys required to be deposited in the dedicated highway and bridge trust fund pursuant to the provisions of sections two hundred eighty-nine-e, three hundred one-j, five hundred fifteen and eleven hundred sixty-seven of the tax law, section four hundred one of the vehicle and traffic law, and section thirty-one of chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all fees, fines or penalties collected by the commissioner of transportation AND THE S. 6408--A 23 A. 9008--A COMMISSIONER OF MOTOR VEHICLES pursuant to section fifty-two, section three hundred twenty-six, section eighty-eight of the highway law, subdivision fifteen of section three hundred eighty-five, SECTION FOUR HUNDRED TWENTY-THREE-A, SECTION FOUR HUNDRED TEN, SECTION THREE HUNDRED SEVENTEEN, SECTION THREE HUNDRED EIGHTEEN, ARTICLE TWELVE-C, AND PARA- GRAPH (C-1) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THREE of the vehicle and traffic law, section fifteen of this chapter, excepting moneys deposited with the state on account of betterments performed pursuant to subdivision twenty-seven or subdivision thirty-five of section ten of the highway law, and sections ninety-four, one hundred thirty-five, [one hundred forty-four] and one hundred forty-five of the transportation law, (iii) any moneys collected by the department of transportation for services provided pursuant to agreements entered into in accordance with section ninety-nine-r of the general municipal law, (IV) ANY MONEYS COLLECTED BY THE DEPARTMENT OF MOTOR VEHICLES, and [(iv)] (V) any other moneys collected therefor or credited or trans- ferred thereto from any other fund, account or source. S 13. This act shall take effect immediately; provided, however, that section seven of this act shall take effect April 1, 2020; provided further, however, that the amendments to section 399-1 of the vehicle and traffic law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith; and provided further, however, that the amendments to paragraph (a) of subdivision 3 of section 89-b of the state finance law made by section eleven of this act shall be subject to the expiration and reversion of such paragraph pursuant to section 13 of part U1 of chapter 62 of the laws of 2003, as amended, when upon such date the provisions of section twelve of this act shall take effect. PART E Section 1. Subparagraph (vi) of paragraph (b) of subdivision 2 of section 501 of the vehicle and traffic law, as added by chapter 173 of the laws of 1990, is amended to read as follows: (vi) Farm endorsement. Shall be required to operate a farm vehicle or a combination of farm vehicles which may not be operated with a class C, D or E license AND WHICH IS USED TO TRANSPORT HAZARDOUS MATERIALS AS DEFINED IN SECTION ONE HUNDRED THREE OF THE HAZARDOUS MATERIALS TRANS- PORTATION ACT, PUBLIC LAW 93-633 TITLE I, WHEN THE VEHICLE TRANSPORTING SUCH MATERIALS IS REQUIRED TO BE PLACARDED UNDER THE HAZARDOUS MATERIALS REGULATION, 49 CFR PART 172, SUBPART F OR IS TRANSPORTING ANY QUANTITY OF MATERIAL LISTED AS A SELECT AGENT OR TOXIN IN 42 CFR PART 73. The identification and scope of any such endorsement or endorsements shall be as prescribed by regulation of the commissioner. Such identification and scope shall, at a minimum, include a distinction between the opera- tion of a farm vehicle having a GVWR of more than twenty-six thousand pounds within one hundred fifty miles of the person's farm and the oper- ation of a combination of farm vehicles having a GVWR of more than twen- ty-six thousand pounds within one hundred fifty miles of the person's farm. S 2. Subparagraph (i) of paragraph (b) of subdivision 4 of section 501-a of the vehicle and traffic law, as amended by chapter 36 of the laws of 2009, is amended to read as follows: (i) a personal use vehicle, A COVERED FARM VEHICLE or a farm vehicle or a combination of such vehicles; S. 6408--A 24 A. 9008--A S 3. Subdivision 7 of section 501-a of the vehicle and traffic law, as added by chapter 173 of the laws of 1990, is amended and a new subdivi- sion 9 is added to read as follows: 7. Farm vehicle. A vehicle having a GVWR of not more than twenty-six thousand pounds which is controlled and operated by a farmer, is used to transport agricultural products, farm machinery, farm supplies or all of the aforementioned to or from the farm and is not used in the operations of a common or contract motor carrier and, such a vehicle having a GVWR of more than twenty-six thousand pounds while being used within one hundred fifty miles of the person's farm, AND SUCH VEHICLE IS USED TO TRANSPORT HAZARDOUS MATERIALS AS DEFINED IN SECTION ONE HUNDRED THREE OF THE HAZARDOUS MATERIALS TRANSPORTATION ACT, PUBLIC LAW 93-633, TITLE I, WHEN THE VEHICLE TRANSPORTING SUCH MATERIALS IS REQUIRED TO BE PLACARDED UNDER THE HAZARDOUS MATERIALS REGULATION, 49 CFR PART 172, SUBPART F OR IS TRANSPORTING ANY QUANTITY OF MATERIAL LISTED AS A SELECT AGENT OR TOXIN IN 42 CFR PART 73; PROVIDED, HOWEVER, A FARM VEHICLE MAY ONLY BE OPERATED IN ANOTHER STATE IF SUCH STATE PERMITS THE OPERATION OF A FARM VEHICLE IN SUCH STATE. 9. COVERED FARM VEHICLE. (A) A VEHICLE OR COMBINATION OF VEHICLES REGISTERED IN THIS STATE, WHICH (I) DISPLAYS A COVERED FARM VEHICLE DESIGNATION ISSUED BY THE COMMISSIONER, (II) OPERATED BY THE OWNER OR OPERATOR OF A FARM OR RANCH, OR AN EMPLOYEE OR FAMILY MEMBER OF AN OWNER OR OPERATOR OF A FARM OR RANCH, (III) USED TO TRANSPORT AGRICULTURAL COMMODITIES, LIVESTOCK, MACHINERY OR SUPPLIES TO OR FROM A FARM OR RANCH, (IV) NOT USED IN FOR-HIRE MOTOR CARRIER OPERATIONS; HOWEVER, FOR-HIRE MOTOR CARRIER OPERATIONS DO NOT INCLUDE OPERATION BY A TENANT PURSUANT TO A CROP SHARE FARM LEASE AGREEMENT TO TRANSPORT THE LAND- LORD'S PORTION OF THE CROPS UNDER THAT AGREEMENT; AND (V) NOT USED FOR THE TRANSPORTATION OF HAZARDOUS MATERIALS. (B) A COVERED FARM VEHICLE WITH A GROSS VEHICLE WEIGHT OR GROSS VEHI- CLE WEIGHT RATING, WHICHEVER IS GREATER, OF TWENTY-SIX THOUSAND POUNDS OR LESS, MAY OPERATE ANYWHERE IN THE UNITED STATES. (C) A COVERED FARM VEHICLE WITH A GROSS VEHICLE WEIGHT OR GROSS VEHI- CLE WEIGHT RATING, WHICHEVER IS GREATER, OF MORE THAN TWENTY-SIX THOU- SAND POUNDS, MAY OPERATE ANYWHERE IN THIS STATE OR ACROSS STATE LINES WITHIN ONE HUNDRED FIFTY AIR MILES OF THE FARM OR RANCH. THE OPERATOR OF SUCH A COVERED FARM VEHICLE SHALL OBTAIN AN ENDORSEMENT AS PROVIDED FOR IN PARAGRAPH (D) OF THIS SUBDIVISION. (D) THE COMMISSIONER SHALL, BY REGULATION, DESIGNATE AN ENDORSEMENT OR ENDORSEMENTS FOR THE OPERATION OF COVERED FARM VEHICLES WEIGHING MORE THAN TWENTY-SIX THOUSAND POUNDS. THE IDENTIFICATION AND SCOPE OF SUCH ENDORSEMENT OR ENDORSEMENTS SHALL, AT A MINIMUM, INCLUDE A DISTINCTION BETWEEN THE OPERATION OF A COVERED FARM VEHICLE HAVING A GROSS VEHICLE WEIGHT OR GROSS VEHICLE WEIGHT RATING OF MORE THAN TWENTY-SIX THOUSAND POUNDS AND THE OPERATION OF A COMBINATION OF COVERED FARM VEHICLES HAVING A GROSS VEHICLE WEIGHT OR GROSS VEHICLE WEIGHT RATING OF MORE THAN TWENTY-SIX THOUSAND POUNDS. (E) FOR THE PURPOSES OF THIS SUBDIVISION, THE GROSS VEHICLE WEIGHT OF A VEHICLE SHALL MEAN THE ACTUAL WEIGHT OF THE VEHICLE AND THE LOAD. S 4. Subparagraph (iv) of paragraph (b) of subdivision 2 of section 501 of the vehicle and traffic law, as added by chapter 173 of the laws of 1990, is amended to read as follows: (iv) P endorsement. Shall be required to operate a bus as defined in sections one hundred four and five hundred nine-a of this chapter OR ANY MOTOR VEHICLE WITH A GROSS VEHICLE WEIGHT OR GROSS VEHICLE WEIGHT RATING OF MORE THAN TWENTY-SIX THOUSAND POUNDS WHICH IS DESIGNED TO TRANSPORT S. 6408--A 25 A. 9008--A PASSENGERS IN COMMERCE. FOR THE PURPOSES OF THIS SUBPARAGRAPH THE GROSS VEHICLE WEIGHT OF A VEHICLE SHALL MEAN THE ACTUAL WEIGHT OF THE VEHICLE AND THE LOAD. S 5. This act shall take effect on the ninetieth day after it shall have become a law. PART F 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 M of chapter 58 of the laws of 2015, 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, [2016] 2017. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2016. PART G 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 New York state urban development corporation to make loans, as amended by section 1 of part N of chapter 58 of the laws of 2015, is amended to read as follows: S 2. This act shall take effect immediately provided, however, that section one of this act shall expire on July 1, [2016] 2017, 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. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. PART H Section 1. This act shall be known and may be cited as the "Transfor- mational Economic Development Infrastructure and Revitalization Projects act". S 2. Definitions. For the purposes of this act, the following terms shall have the following meanings: 1. "Transformational Economic Development Infrastructure and Revitali- zation Projects act" or "projects" shall include construction projects in the county of New York related to the Jacob V. Javits Convention Center, the Empire State Station Complex, the James A. Farley Building Replacement, and the Pennsylvania Station New York Redevelopment. The term "project" shall refer to any of these construction projects. 2. "Authorized entity" shall mean the New York State Urban Development Corporation, the New York Convention Center Development Corporation, and their subsidiaries. 3. "Best value" shall mean the basis for awarding contracts for services to the bidder that optimize quality, cost and efficiency, price and performance criteria, which may include, but is not limited to: (a) The quality of the contractor's performance on previous projects; S. 6408--A 26 A. 9008--A (b) The timeliness of the contractor's performance on previous projects; (c) The level of customer satisfaction with the contractor's perform- ance on previous projects; (d) The contractor's record of performing previous projects on budget and ability to minimize cost overruns; (e) The contractor's ability to limit change orders; (f) The contractor's ability to prepare appropriate project plans; (g) The contractor's technical capacities; (h) The individual qualifications of the contractor's key personnel; (i) The contractor's ability to assess and manage risk and minimize risk impact; and (j) The contractor's past record of encouraging women and minority- owned business enterprise participation and compliance with article 15-A of the executive law. Such basis shall reflect, wherever possible, objective and quantifi- able analysis. 4. "Design-build contract" shall mean, in conformity with the require- ments of this act, a contract for the design and construction of the projects with a single entity, which may be a team comprised of separate entities. 5. "Procurement record" shall mean documentation of the decisions made and the approach taken in the procurement process. 6. "Project labor agreement" shall mean a pre-hire collective bargain- ing agreement between a contractor and a bona fide building and construction trade labor organization establishing the labor organiza- tion as the collective bargaining representative for all persons who will perform work on the project, and which provides that only contrac- tors and subcontractors who sign a pre-negotiated agreement with the labor organization can perform project work. S 3. Notwithstanding section 103 of the general municipal law or the provisions of any other law to the contrary, in conformity with the requirements of this act, and only when a project labor agreement is performed, the authorized entity may utilize the alternative delivery method referred to as a design-build contract for the project. The authorized entity shall ensure that its procurement record reflects the design-build contract process authorized by this act. S 4. An entity selected by the authorized entity to enter into a design-build contract for the project shall be selected through a two- step method, as follows: 1. Step one. Generation of a list of entities that have demonstrated the general capability to perform a design-build contract for the project. Such list shall consist of a specified number of entities, as determined by the authorized entity, and shall be generated based upon the authorized entity's review of responses to a publicly advertised request for qualifications for the project. The authorized entity's request for qualifications for the project shall include a general description of the project, the maximum number of entities to be included on the list, and the selection criteria to be used in generat- ing the list. Such selection criteria shall include the qualifications and experience of the design and construction team, organization, demon- strated responsibility, ability of the team or of a member or members of the team to comply with applicable requirements, including the provisions of articles 145, 147 and 148 of the education law, past record of compliance with the labor law including prevailing wage requirements under state and federal law; the past record of compliance S. 6408--A 27 A. 9008--A with existing labor standards and maintaining harmonious labor relations; the record of protecting the health and safety of workers on public works projects and job sites as demonstrated by the experience modification rate for each of the last three years; the prospective bidder's ability to undertake the particular type and complexity of work; the financial capability, responsibility and reliability of the prospective bidder for such type and complexity of work; the prospective bidder's compliance with equal employment opportunity requirements and anti-discrimination laws, and demonstrated commitment to working with minority and women-owned businesses through joint ventures or subcon- tractor relationships; whether or not the prospective bidder or a person or entity with an interest of at least ten per centum in the prospective bidder, is debarred for having disregarded obligations to employees under the Davis-Bacon Act pursuant to 40 U.S.C. 3144 and 29 C.F.R. 5.12 and such other qualifications the authorized entity deems appropriate which may include but are not limited to project understanding, finan- cial capability and record of past performance. The authorized entity shall evaluate and rate all entities responding to the request for qual- ifications. Based upon such ratings, the authorized entity shall list the entities that shall receive a request for proposals in accordance with subdivision two of this section. To the extent consistent with applicable federal law, the authorized entity shall consider, when awarding any contract pursuant to this section, the participation of: (a) firms certified pursuant to article 15-A of the executive law as minority or women-owned businesses and the ability of other businesses under consideration to work with minority and women-owned businesses so as to promote and assist participation by such businesses; and (b) small business concerns identified pursuant to subdivision (b) of section 139-g of the state finance law. 2. Step two. Selection of the proposal which is the best value to the authorized entity. The authorized entity shall issue a request for proposals for the project to the entities listed pursuant to subdivision one of this section. If such an entity consists of a team of separate entities, the entities that comprise such a team must remain unchanged from the entity as listed pursuant to subdivision one of this section unless otherwise approved by the authorized entity. The request for proposals for the project shall set forth the project's scope of work, and other requirements, as determined by the authorized entity. The request for proposals shall specify the criteria to be used to evaluate the responses and the relative weight of each such criteria. Such crite- ria shall include the proposal's cost, the quality of the proposal's solution, the qualifications and experience of the design-build entity, and other factors deemed pertinent by the authorized entity, which may include, but shall not be limited to, the proposal's project implementa- tion, ability to complete the work in a timely and satisfactory manner, maintenance costs of the completed project, maintenance of traffic approach, and community impact. Any contract awarded pursuant to this act shall be awarded to a responsive and responsible entity that submits the proposal, which, in consideration of these and other specified criteria deemed pertinent to the project, offers the best value to the authorized entity, as determined by the authorized entity. Nothing in this act shall be construed to prohibit the authorized entity from nego- tiating final contract terms and conditions including cost. 3. Notwithstanding the foregoing provisions of this section, when any person or entity is debarred for having disregarded obligations to employees under the Davis-Bacon Act pursuant to 40 U.S.C. 3144 and 29 S. 6408--A 28 A. 9008--A C.F.R. 5.12, such person or entity, and any firm, corporation, partner- ship or association in which the person or entity owns or controls at least ten per centum, shall be ineligible to submit a bid on or be awarded any contract authorized by this act while the name of the person or entity is published in the list of debarred contractors pursuant to 40 U.S.C. 3144. The department of labor will notify the person or entity immediately of such ineligibility and such person or entity must be afforded the opportunity to appeal to the department of labor. S 5. Any contract entered into pursuant to this act shall include a clause requiring that any professional services regulated by articles 145, 147 and 148 of the education law shall be performed and stamped and sealed, where appropriate, by a professional licensed in accordance with such articles. S 6. The construction, demolition, reconstruction, excavation, reha- bilitation, repair, renovation of the project undertaken by the author- ized entity pursuant to this act shall be deemed a "public work" to be performed in accordance with the provisions of article 8 of the labor law, as well as subject to sections 200, 240, 241 and 242 of the labor law and enforcement of prevailing wage requirements by the New York state department of labor. S 7. A project labor agreement shall be included in the request for proposals for the project, provided that, based upon a study done by or for the authorized entity, the authorized entity determines that its interests are best met by requiring a project labor agreement. The authorized entity shall conduct such a study and the project labor agreement shall be performed consistent with the provisions of section 222 of the labor law. If a project labor agreement is not performed on the project; (1) the authorized entity shall not utilize a design-build contract for the project; and (2) sections 101 and 103 of the general municipal law shall apply to the project. S 8. Each contract entered into by the authorized entity pursuant to this act shall comply, whenever practical, with the objectives and goals of minority and women-owned business enterprises pursuant to article 15-A of the executive law or, if the project receives federal aid, shall comply with applicable federal requirements for disadvantaged business enterprises. S 9. The project undertaken by the authorized entity pursuant to this act shall be subject to the requirements of article 8 of the environ- mental conservation law, and, where applicable, the requirements of the national environmental policy act. S 10. The submission of a proposal or responses or the execution of a design-build contract pursuant to this act shall not be construed to be a violation of section 6512 of the education law. S 11. Nothing contained in this act shall limit the right or obli- gation of the authorized entity to comply with the provisions of any existing contract, including any existing contract with or for the bene- fit of the holders of the obligations of the authorized entity, or to award contracts as otherwise provided by law. S 12. This act shall take effect immediately. PART I Section 1. Notwithstanding any law to the contrary, the comptroller is hereby authorized and directed to receive for deposit to the credit of the general fund the amount of up to $913,000 from the New York state energy research and development authority. S. 6408--A 29 A. 9008--A S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. PART J 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 $19,700,000 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 which may be charged to any gas corporation and any electric corporation shall not exceed one cent per one thousand cubic feet of gas sold and .010 cent per kilowatt-hour of electricity sold by such corporations in their intrastate utility operations in calendar year 2014. 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, 2016 and such amounts shall be paid to the New York state energy research and development authority on or before September 10, 2016. Upon receipt, the New York state energy research and development authority shall deposit such funds in the ener- gy 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 $1 million to the state general fund for services and expenses of the department of environmental conservation and to transfer $750,000 to the University of Rochester laboratory for laser energetics 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 presi- dent and chief executive officer of the authority, or his or her desig- nee, 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 encom- passing 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 secre- taries 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 S. 6408--A 30 A. 9008--A refunded by such authority on a pro-rata basis to such gas and/or elec- tric corporations, in a manner to be determined by the department of public service. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. PART K Section 1. Notwithstanding any other law, rule or regulation to the contrary, 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. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. PART L Section 1. Paragraph (c) of subdivision 12 of section 66 of the public service law, as amended by chapter 162 of the laws of 1998, is amended to read as follows: (c) For the purpose of this subdivision, "major changes" shall mean an increase in the rates and charges which would increase the aggregate revenues of the applicant more than the greater of three hundred thou- sand dollars or two and one-half percent, but shall not include changes in rates, charges or rentals (I) allowed to go into effect by the commission or made by the utility pursuant to an order of the commission after hearings held upon notice to the public, OR (II) PROPOSED BY A MUNICIPALITY. S 2. Paragraph (f) of subdivision 12 of section 66 of the public service law, as amended by chapter 154 of the laws of 1989, is amended to read as follows: (f) Whenever there shall be filed with the commission by any utility any schedule stating a new rate or charge, or any change in any form of contract or agreement or any rule or regulation relating to any rate, charge or service, or in any general privilege or facility, the commis- sion may, at any time within sixty days from the date when such schedule would or has become effective, either upon complaint or upon its own initiative, and, if it so orders, without answer or other formal plead- ing by the utility, but upon reasonable notice, hold a hearing concern- ing the propriety of a change proposed by the filing. If such change is a major change, the commission shall hold such a hearing. Pending such hearing and decision thereon, the commission, upon filing with such schedule and delivering to the utility, a statement in writing of its reasons therefor, may suspend the operation of such schedule, but not for a longer period than [one hundred and twenty days] FOUR MONTHS beyond the time when it would otherwise go into effect. After full hear- ing, whether completed before or after the schedule goes into effect, the commission may make such order in reference thereto as would be proper in a proceeding begun after the rate, charge, form of contract or agreement, rule, regulation, service, general privilege or facility had become effective. If any such hearing cannot be concluded within the period of suspension as above stated, the commission may extend the suspension for a further period, not exceeding [six] TEN months. IF AT THE END OF SUCH PERIOD, THE FILED PETITION HAS NOT BEEN ACTED UPON BY THE COMMISSION, THE COMMISSION SHALL UTILIZE THE PROPOSAL FILED BY THE S. 6408--A 31 A. 9008--A STAFF OF THE DEPARTMENT TO ESTABLISH TEMPORARY RATES FOR THE PETITIONER, SUBJECT TO REFUND OR REPARATION AS PROVIDED IN SECTION ONE HUNDRED THIR- TEEN OF THIS CHAPTER. S 3. Paragraph (f) of subdivision 10 of section 80 of the public service law, as amended by chapter 154 of the laws of 1989, is amended to read as follows: (f) Whenever there shall be filed with the commission by any utility any schedule stating a new rate or charge, or any change in any form of contract or agreement or any rule or regulation relating to any rate, charge or service, or in any general privilege or facility, the commis- sion may, at any time within sixty days from the date when such schedule would or has become effective, either upon complaint or upon its own initiative, and, if it so orders, without answer or other formal plead- ing by the utility, but upon reasonable notice, hold a hearing concern- ing the propriety of a change proposed by the filing. If such change is a major change, the commission shall hold such a hearing. Pending such hearing and decision thereon the commission, upon filing with such sche- dule and delivering to the utility, a statement in writing of its reasons therefor, may suspend the operation of such schedule, but not for a longer period than [one hundred and twenty days] FOUR MONTHS beyond the time when it would otherwise go into effect. After full hear- ing, whether completed before or after the schedule goes into effect, the commission may make such order in reference thereto as would be proper in a proceeding begun after the rate, charge, form of contract or agreement, rule, regulation, service, general privilege or facility had become effective. If such hearing cannot be concluded within the period of suspension as above stated, the commission may extend the suspension for a further period not exceeding [six] TEN months. IF AT THE END OF SUCH PERIOD, THE FILED PETITION HAS NOT BEEN ACTED UPON BY THE COMMIS- SION, THE COMMISSION SHALL UTILIZE THE PROPOSAL FILED BY THE STAFF OF THE DEPARTMENT TO ESTABLISH TEMPORARY RATES FOR THE PETITIONER, SUBJECT TO REFUND OR REPARATION AS PROVIDED IN SECTION ONE HUNDRED THIRTEEN OF THIS CHAPTER. S 4. Paragraph (f) of subdivision 10 of section 89-c of the public service law, as amended by chapter 154 of the laws of 1989, is amended to read as follows: (f) Whenever there shall be filed with the commission by any water- works corporation any schedule stating a new rate or charge, or any change in any form of contract or agreement or any rule or regulation relating to any rate, charge or service, or in any general privilege or facility, the commission may, at any time within sixty days from the date when such schedule would or has become effective, either upon complaint or upon its own initiative, and, if it so orders, without answer or other formal pleading by the interested corporation, but upon reasonable notice, hold a hearing concerning the propriety of a change proposed by the filing. If such change is a major change, the commission shall hold such a hearing. Pending such hearing and decision thereon, the commission, upon filing with such schedule and delivering to the corporation affected thereby a statement in writing of its reasons therefor, may suspend the operation of such schedule, but not for a longer period than [one hundred and twenty days] FOUR MONTHS beyond the time when it would otherwise go into effect. After a full hearing, whether completed before or after the schedule goes into effect, the commission may make such order in reference thereto as would be proper in a proceeding begun after the rate, charge, form of contract or agree- ment, rule, regulation, service, general privilege or facility had S. 6408--A 32 A. 9008--A become effective. If any such hearing cannot be concluded within the period of suspension as above stated, the commission may extend the suspension for a further period not exceeding [six] TEN months. IF AT THE END OF SUCH PERIOD, THE FILED PETITION HAS NOT BEEN ACTED UPON BY THE COMMISSION, THE COMMISSION SHALL UTILIZE THE PROPOSAL FILED BY THE STAFF OF THE DEPARTMENT TO ESTABLISH TEMPORARY RATES FOR THE PETITIONER, SUBJECT TO REFUND OR REPARATION AS PROVIDED IN SECTION ONE HUNDRED THIR- TEEN OF THIS CHAPTER. S 5. This act shall take effect immediately. PART M Section 1. Section 2 of chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, as amended by section 1 of part T of chapter 58 of the laws of 2015, is amended to read as follows: S 2. This act shall take effect immediately, provided however, that section one of this act shall be deemed to have been in full force and effect on and after April 1, 2003 and shall expire March 31, [2016] 2017. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 31, 2016. PART N Section 1. Paragraph (d) of section 304 of the business corporation law is amended to read as follows: (d) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT OF A DOMESTIC CORPORATION OR FOREIGN CORPORATION SHALL BE DEEMED TO BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE, TO WHICH A PERSON SHALL MAIL THE PROCESS SERVED AGAINST THE CORPORATION AS REQUIRED BY THIS ARTICLE. Any designated [post-office] POST OFFICE address to which the secretary of state OR A PERSON shall mail a copy of ANY process served upon [him] THE SECRETARY OF STATE as agent of a domestic corpo- ration or a foreign corporation, shall continue until the filing of a certificate under this chapter directing the mailing to a different [post-office] POST OFFICE address. S 2. Paragraph (a) of section 305 of the business corporation law, as amended by chapter 131 of the laws of 1985, is amended to read as follows: (a) In addition to such designation of the secretary of state, every domestic corporation or authorized foreign corporation may designate a registered agent in this state upon whom process against such corpo- ration may be served. The agent shall be a natural person who is a resi- dent of or has a business address in this state [or], a domestic corpo- ration or foreign corporation of any type or kind formed[,] or authorized to do business in this state, under this chapter or under any other statute of this state, OR DOMESTIC LIMITED LIABILITY COMPANY OR FOREIGN LIMITED LIABILITY COMPANY FORMED OR AUTHORIZED TO DO BUSINESS IN THIS STATE. S 3. Subparagraph 1 of paragraph (b) of section 306 of the business corporation law, as amended by chapter 419 of the laws of 1990, is amended to read as follows: S. 6408--A 33 A. 9008--A (1) Service of process on the secretary of state as agent of a domes- tic or authorized foreign corporation, OR OTHER BUSINESS ENTITY THAT HAS DESIGNATED THE SECRETARY OF STATE AS AGENT FOR SERVICE OF PROCESS PURSU- ANT TO ARTICLE NINE OF THIS CHAPTER, shall be made by [personally deliv- ering to and leaving with the secretary of state or a deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, dupli- cate copies of such process together with the statutory fee, which fee shall be a taxable disbursement] MAILING THE PROCESS AND NOTICE OF SERVICE THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH CORPORATION OR OTHER BUSINESS ENTITY, AT THE POST OFFICE ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THIS PURPOSE. IF A DOMESTIC OR AUTHORIZED FOREIGN CORPORATION HAS NO SUCH ADDRESS ON FILE IN THE DEPARTMENT OF STATE, THE PROCESS AND NOTICE OF SERVICE THEREOF SHALL BE MAILED, IN THE CASE OF A DOMESTIC CORPORATION, IN CARE OF ANY DIRECTOR NAMED IN ITS CERTIFICATE OF INCORPORATION AT THE DIRECTOR'S ADDRESS STATED THEREIN OR, IN THE CASE OF AN AUTHORIZED FOREIGN CORPORATION, TO SUCH CORPORATION AT THE ADDRESS OF ITS OFFICE WITHIN THIS STATE ON FILE IN THE DEPARTMENT. ON THE SAME DAY THAT SUCH PROCESS IS MAILED, A DUPLI- CATE COPY OF SUCH PROCESS AND PROOF OF MAILING TOGETHER WITH THE STATU- TORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT SHALL BE PERSONALLY DELIVERED TO AND LEFT WITH THE SECRETARY OF STATE OR A DEPUTY, OR WITH ANY PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE SUCH SERVICE, AT THE OFFICE OF THE DEPARTMENT OF STATE IN THE CITY OF ALBANY. PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS SECTION. Service of process on such corporation OR OTHER BUSINESS ENTITY shall be complete when the secretary of state is so served. [The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such corporation, at the post office address, on file in the department of state, specified for the purpose. If a domes- tic or authorized foreign corporation has no such address on file in the department of state, the secretary of state shall so mail such copy, in the case of a domestic corporation, in care of any director named in its certificate of incorporation at the director's address stated therein or, in the case of an authorized foreign corporation, to such corpo- ration at the address of its office within this state on file in the department.] S 4. Subparagraphs 2 and 3 of paragraph (a) of section 306-A of the business corporation law, as added by chapter 469 of the laws of 1997, are amended to read as follows: (2) That the address of the party has been designated by the corpo- ration as the post office address to which [the secretary of state] A PERSON shall mail a copy of any process served on the secretary of state as agent for such corporation, SPECIFYING SUCH ADDRESS, and that such party wishes to resign. (3) That sixty days prior to the filing of the certificate of resigna- tion OR RECEIPT OF PROCESS with the department of state the party has sent a copy of the certificate of resignation for receipt of process by registered or certified mail to the address of the registered agent of the designating corporation, if other than the party filing the certif- icate of resignation[,] for receipt of process, or if the [resigning] DESIGNATING corporation has no registered agent, then to the last address of the designating corporation known to the party, specifying the address to which the copy was sent. If there is no registered agent and no known address of the designating corporation, the party shall attach an affidavit to the certificate stating that a diligent but S. 6408--A 34 A. 9008--A unsuccessful search was made by the party to locate the corporation, specifying what efforts were made. S 5. Subparagraph 7 of paragraph (a) of section 402 of the business corporation law is amended to read as follows: (7) A designation of the secretary of state as agent of the corpo- ration upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S 6. Subparagraph (c) of paragraph 1 of section 408 of the business corporation law, as amended by section 3 of part S of chapter 59 of the laws of 2015, is amended to read as follows: (c) The post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him or her] THE SECRETARY OF STATE. Such address shall supersede any previous address on file with the department of state for this purpose. S 7. Subparagraph 4 of paragraph (b) of section 801 of the business corporation law is amended to read as follows: (4) To specify or change the post office address to which [the secre- tary of state] A PERSON shall mail a copy of any process against the corporation served upon [him] THE SECRETARY OF STATE. S 8. Subparagraph 2 of paragraph (b) of section 803 of the business corporation law, as amended by chapter 803 of the laws of 1965, is amended to read as follows: (2) To specify or change the post office address to which [the secre- tary of state] A PERSON shall mail a copy of any process against the corporation served upon [him] THE SECRETARY OF STATE. S 9. Paragraph (b) of section 805-A of the business corporation law, as added by chapter 725 of the laws of 1964, is amended to read as follows: (b) A certificate of change which changes only the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against a corporation served upon [him or] THE SECRETARY OF STATE AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership, LIMITED LIABILITY COMPANY or other corporation whose address, as agent, is the address to be changed or who has been designated as registered agent for such corporation, may be signed[, verified] and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subparagraphs [(a)] (1), (2) and (3) OF PARA- GRAPH (A) of this section; that a notice of the proposed change was mailed to the corporation by the party signing the certificate not less than thirty days prior to the date of delivery to the department and that such corporation has not objected thereto; and that the party sign- ing the certificate is the agent of such corporation to whose address [the secretary of state] A PERSON is required to mail copies of process SERVED ON THE SECRETARY OF STATE or the registered agent, if such be the case. A certificate signed[, verified] and delivered under this para- graph shall not be deemed to effect a change of location of the office of the corporation in whose behalf such certificate is filed. S 10. Subparagraph 8 of paragraph (a) of section 904-a of the business corporation law, as amended by chapter 177 of the laws of 2008, is amended to read as follows: (8) If the surviving or resulting entity is a foreign corporation or other business entity, a designation of the secretary of state as its S. 6408--A 35 A. 9008--A agent upon whom process against it may be served in the manner set forth in paragraph (b) of section three hundred six of this chapter, in any action or special proceeding, and a post office address, within or with- out this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. Such post office address shall supersede any prior address designated as the address to which process shall be mailed; S 11. Clause (G) of subparagraph 2 of paragraph (e) of section 907 of the business corporation law, as amended by chapter 494 of the laws of 1997, is amended to read as follows: (G) A designation of the secretary of state as its agent upon whom process against it may be served in the manner set forth in paragraph (b) of section 306 (Service of process), in any action or special proceeding, and a post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. Such post office address shall supersede any prior address designated as the address to which process shall be mailed. S 12. Subparagraph 6 of paragraph (a) of section 1304 of the business corporation law, as amended by chapter 684 of the laws of 1963 and as renumbered by chapter 590 of the laws of 1982, is amended to read as follows: (6) A designation of the secretary of state as its agent upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S 13. Subparagraph 7 of paragraph (a) of section 1308 of the business corporation law, as amended by chapter 725 of the laws of 1964 and as renumbered by chapter 186 of the laws of 1983, is amended to read as follows: (7) To specify or change the post office address to which [the secre- tary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S 14. Subparagraph 2 of paragraph (a) and paragraph (c) of section 1309-A of the business corporation law, subparagraph 2 of paragraph (a) as added by chapter 725 of the laws of 1964 and paragraph (c) as amended by chapter 172 of the laws of 1999, are amended to read as follows: (2) To specify or change the post office address to which [the secre- tary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. (c) A certificate of change of application for authority which changes only the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against an authorized foreign corpo- ration served upon [him or which] THE SECRETARY OF STATE AND/OR changes the address of its registered agent, provided such address is the address of a person, partnership, LIMITED LIABILITY COMPANY or other corporation whose address, as agent, is the address to be changed or who has been designated as registered agent for such authorized foreign corporation, may be signed and delivered to the department of state by such agent. The certificate of change of application for authority shall set forth the statements required under subparagraphs (1), (2), (3) and (4) of paragraph (b) of this section; that a notice of the proposed change was mailed by the party signing the certificate to the authorized foreign corporation not less than thirty days prior to the date of delivery to the department and that such corporation has not objected S. 6408--A 36 A. 9008--A thereto; and that the party signing the certificate is the agent of such foreign corporation to whose address [the secretary of state] A PERSON is required to mail copies of process SERVED ON THE SECRETARY OF STATE or the registered agent, if such be the case. A certificate signed and delivered under this paragraph shall not be deemed to effect a change of location of the office of the corporation in whose behalf such certif- icate is filed. S 15. Subparagraphs 1 and 6 of paragraph (a) of section 1310 of the business corporation law, subparagraph 1 as amended by chapter 590 of the laws of 1982, are amended to read as follows: (1) The name of the foreign corporation as it appears on the index of names of existing domestic and authorized foreign corporations of any type or kind in the department of state, division of corporations [or,] AND the fictitious name, IF ANY, the corporation has agreed to use in this state pursuant to paragraph (d) of section 1301 of this [chapter] ARTICLE. (6) A post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S 16. Subparagraph 4 of paragraph (d) of section 1310 of the business corporation law is amended to read as follows: (4) The changed post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S 17. Section 1311 of the business corporation law, as amended by chapter 375 of the laws of 1998, is amended to read as follows: S 1311. Termination of existence. When an authorized foreign corporation is dissolved or its authority or existence is otherwise terminated or cancelled in the jurisdiction of its incorporation or when such foreign corporation is merged into or consolidated with another foreign corporation, a certificate of the secretary of state, or official performing the equivalent function as to corporate records, of the jurisdiction of incorporation of such foreign corporation attesting to the occurrence of any such event or a certified copy of an order or decree of a court of such jurisdiction directing the dissolution of such foreign corporation, the termination of its exist- ence or the cancellation of its authority shall be delivered to the department of state. The filing of the certificate, order or decree shall have the same effect as the filing of a certificate of surrender of authority under section 1310 (Surrender of authority). The secretary of state shall continue as agent of the foreign corporation upon whom process against it may be served in the manner set forth in paragraph (b) of section 306 (Service of process), in any action or special proceeding based upon any liability or obligation incurred by the foreign corporation within this state prior to the filing of such certificate, order or decree and [he] THE PERSON SERVING SUCH PROCESS shall [promptly cause a copy of any such] SEND THE process [to be mailed] by [registered] CERTIFIED mail, return receipt requested, to such foreign corporation at the post office address on file in his office specified for such purpose AND SHALL PROVIDE THE SECRETARY OF STATE WITH PROOF OF SUCH MAILING IN THE MANNER SET FORTH IN PARAGRAPH (B) OF SECTION 306 (SERVICE OF PROCESS). The post office address may be changed by signing and delivering to the department of state a certif- icate of change setting forth the statements required under section 1309-A (Certificate of change; contents) to effect a change in the post S. 6408--A 37 A. 9008--A office address under subparagraph SEVEN OF PARAGRAPH (a) [(4)] of section 1308 (Amendments or changes). S 18. Subparagraph 6 of paragraph (a) of section 1530 of the business corporation law, as added by chapter 505 of the laws of 1983, is amended to read as follows: (6) A designation of the secretary of state as its agent upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S 19. Subdivision 10 of section 11 of the cooperative corporations law, as added by chapter 97 of the laws of 1969, is amended to read as follows: 10. A designation of the secretary of state as agent of the corpo- ration upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S 20. Subdivision 10 of section 96 of the executive law, as amended by chapter 39 of the laws of 1987, is amended to read as follows: 10. For service of process on the secretary of state, acting as agent for a third party pursuant to law, except as otherwise specifically provided by law, forty dollars. No fee shall be collected for process served on behalf of [a] ANY STATE OFFICIAL, DEPARTMENT, BOARD, AGENCY, AUTHORITY, county, city, town or village or other political subdivision of the state. The fees paid the secretary of state shall be a taxable disbursement. S 21. The opening paragraph of subdivision 2 and subdivision 3 of section 18 of the general associations law, as amended by chapter 13 of the laws of 1938, are amended and two new subdivisions 5 and 6 are added to read as follows: Every association doing business within this state shall file in the department of state a certificate in its associate name, signed [and acknowledged] by its president, or a vice-president, or secretary, or treasurer, or managing director, or trustee, designating the secretary of state as an agent upon whom process in any action or proceeding against the association may be served within this state, and setting forth an address to which [the secretary of state] A PERSON shall mail a copy of any process against the association which may be served upon [him] THE SECRETARY OF STATE pursuant to law. Annexed to the certif- icate of designation shall be a statement, executed in the same manner as the certificate is required to be executed under this section, which shall set forth: 3. Any association, from time to time, may change the address to which [the secretary of state] A PERSON is directed to mail copies of process SERVED ON THE SECRETARY OF STATE, by filing a statement to that effect, executed[,] AND signed [and acknowledged] in like manner as a certificate of designation as herein provided. 5. ANY DESIGNATED POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT IN ANY ACTION OR PROCEEDING AGAINST THE ASSOCIATION SHALL BE DEEMED TO BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE, TO WHICH A PERSON SHALL MAIL PROCESS SERVED AGAINST THE ASSOCIATION AS REQUIRED BY THIS ARTICLE. ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE OR A PERSON SHALL MAIL A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT IN ANY ACTION OR PROCEEDING AGAINST THE S. 6408--A 38 A. 9008--A ASSOCIATION SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE UNDER THIS CHAPTER DIRECTING THE MAILING TO A DIFFERENT POST OFFICE ADDRESS. 6. "PROCESS" MEANS JUDICIAL PROCESS AND ALL ORDERS, DEMANDS, NOTICES OR OTHER PAPERS REQUIRED OR PERMITTED BY LAW TO BE PERSONALLY SERVED ON AN ASSOCIATION, FOR THE PURPOSE OF ACQUIRING JURISDICTION OF SUCH ASSO- CIATION IN ANY ACTION OR PROCEEDING, CIVIL OR CRIMINAL, WHETHER JUDI- CIAL, ADMINISTRATIVE, ARBITRATIVE OR OTHERWISE, IN THIS STATE OR IN THE FEDERAL COURTS SITTING IN OR FOR THIS STATE. S 22. Section 19 of the general associations law, as amended by chap- ter 166 of the laws of 1991, is amended to read as follows: S 19. (A) Service of process. Service of process against an associ- ation upon the secretary of state shall be made by MAILING THE PROCESS AND NOTICE OF SERVICE THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH CORPORATION OR OTHER BUSINESS ENTITY, AT THE POST OFFICE ADDRESS, ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THIS PURPOSE. ON THE SAME DAY THAT SUCH PROCESS IS MAILED, A DUPLICATE COPY OF SUCH PROCESS AND PROOF OF MAILING SHALL BE personally [delivering] DELIVERED to and [leaving] LEFT with [him] THE SECRETARY OF STATE or a deputy [secretary of state or an associate attorney, senior attorney or attorney in the corporation division of the department of state], SO DESIGNATED [duplicate copies of such process at the office of the department of state in the city of Albany]. At the time of such service the plaintiff shall pay a fee of forty dollars to the secretary of state which shall be a taxable disbursement. [If the cost of registered mail for transmitting a copy of the process shall exceed two dollars, an additional fee equal to such excess shall be paid at the time of the service of such process. The secretary of state shall forthwith send by registered mail one of such copies to the association at the address fixed for that purpose, as herein provided.] (B) PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS SECTION. SERVICE OF PROCESS ON SUCH ASSOCIATION SHALL BE COMPLETE WHEN THE SECRETARY OF STATE IS SO SERVED. If the action or proceeding is instituted in a court of limited jurisdiction, service of process may be made in the manner provided in this section if the cause of action arose within the territorial jurisdiction of the court and the office of the defendant, as set forth in its statement filed pursuant to section eigh- teen of this [chapter] ARTICLE, is within such territorial jurisdiction. S 23. Subdivision 2 of section 352-b of the general business law, as amended by chapter 252 of the laws of 1983, is amended to read as follows: 2. Service of such process upon the secretary of state shall be made by personally delivering to and leaving with him [or], a deputy secre- tary of state, OR WITH A PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE SUCH SERVICE a copy thereof at the office of the department of state in the city of Albany, and such service shall be sufficient service provided that notice of such service and a copy of such process are forthwith sent by the attorney general to such person, partnership, corporation, company, trust or association, by registered or certified mail with return receipt requested, at his or its office as set forth in the "broker-dealer's statement", "salesman's statement" or "investment advisor's statement" filed in the department of law pursuant to section three hundred fifty-nine-e or section three hundred fifty-nine-eee of this article, or in default of the filing of such statement, at the last address known to the attorney general. Service of such process shall be complete on receipt by the attorney general of a return receipt purport- ing to be signed by the addressee or a person qualified to receive his S. 6408--A 39 A. 9008--A or its registered or certified mail, in accordance with the rules and customs of the post office department, or, if acceptance was refused by the addressee or his or its agent, on return to the attorney general of the original envelope bearing a notation by the postal authorities that receipt thereof was refused. S 24. Section 686 of the general business law, as added by chapter 730 of the laws of 1980, is amended to read as follows: S 686. Designation of secretary of state as agent for service of proc- ess; service of process. Any person who shall offer to sell or sell a franchise in this state as a franchisor, subfranchisor or franchise sales agent shall be deemed to have irrevocably appointed the secretary of state as his or its agent upon whom may be served any summons, complaint, subpoena, subpoena duces tecum, notice, order or other proc- ess directed to such person, or any partner, principal, officer, sales- man or director thereof, or his or its successor, administrator or exec- utor, in any action, investigation, or proceeding which arises under this article or a rule hereunder, with the same force and validity as if served personally on such person. Service of such process upon the secretary of state shall be made by personally delivering to and leaving with [him] THE SECRETARY OF STATE or a deputy [secretary of state], OR WITH ANY PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE SUCH SERVICE, a copy thereof at the office of the department of state, and such service shall be sufficient provided that notice of such service and a copy of such process are sent forthwith by the department to such person, by registered or certified mail with return receipt requested, at his address as set forth in the application for registration of his offering prospectus or in the registered offering prospectus itself filed with the department of law pursuant to this article, or in default of the filing of such application or prospectus, at the last address known to the department. Service of such process shall be complete upon receipt by the department of a return receipt purporting to be signed by the addressee or a person qualified to receive his or its registered or certified mail, in accordance with the rules and customs of the post office department, or, if acceptance was refused or unclaimed by the addressee or his or its agent, or if the addressee moved without leaving a forwarding address, upon return to the department of the original envelope bearing a notation by the postal authorities that receipt ther- eof was refused or that such mail was otherwise undeliverable. S 25. Paragraph 4 of subdivision (e) of section 203 of the limited liability company law, as added by chapter 470 of the laws of 1997, is amended to read as follows: (4) a designation of the secretary of state as agent of the limited liability company upon whom process against it may be served and the post office address, within or without this state, to which [the secre- tary of state] A PERSON shall mail a copy of any process against the limited liability company served upon [him or her] THE SECRETARY OF STATE; S 26. Paragraph 4 of subdivision (a) of section 206 of the limited liability company law, as amended by chapter 44 of the laws of 2006, is amended to read as follows: (4) a statement that the secretary of state has been designated as agent of the limited liability company upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him or her] THE SECRETARY OF STATE; S. 6408--A 40 A. 9008--A S 27. Paragraph 6 of subdivision (d) of section 211 of the limited liability company law is amended to read as follows: (6) a change in the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against the limited liability company served upon [him or her] THE SECRETARY OF STATE if such change is made other than pursuant to section three hundred one of this chapter; S 28. Section 211-A of the limited liability company law, as added by chapter 448 of the laws of 1998, is amended to read as follows: S 211-A. Certificate of change. (a) A limited liability company may amend its articles of organization from time to time to (i) specify or change the location of the limited liability company's office; (ii) specify or change the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against the limited liability company served upon [him] THE SECRETARY OF STATE; and (iii) make, revoke or change the designation of a registered agent, or specify or change the address of the registered agent. Any one or more such changes may be accomplished by filing a certificate of change which shall be entitled "Certificate of Change of ....... (name of limited liability company) under section 211-A of the Limited Liability Company Law" and shall be signed and delivered to the department of state. It shall set forth: (1) the name of the limited liability company, and if it has been changed, the name under which it was formed; (2) the date the articles of organization were filed by the department of state; and (3) each change effected thereby. (b) A certificate of change which changes only the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against a limited liability company served upon [him or] THE SECRETARY OF STATE AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership, LIMITED LIABILITY COMPANY or corporation whose address, as agent, is the address to be changed or who has been designated as registered agent for such limited liability company may be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subdivision (a) of this section; that a notice of the proposed change was mailed to the domestic limited liability company by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such domestic limited liability company has not objected thereto; and that the party signing the certificate is the agent of such limited liability company to whose address [the secretary of state] A PERSON is required to mail copies of process SERVED ON THE SECRETARY OF STATE or the registered agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the limited liability company in whose behalf such certificate is filed. S 29. Paragraph 2 of subdivision (b) of section 213 of the limited liability company law is amended to read as follows: (2) to change the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against the limited liability company served upon [him or her] THE SECRETARY OF STATE; and S 30. Subdivisions (c) and (e) of section 301 of the limited liability company law, subdivision (e) as amended by section 5 of part S of chap- ter 59 of the laws of 2015, are amended to read as follows: S. 6408--A 41 A. 9008--A (c) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT OF A DOMESTIC LIMITED LIABILITY COMPANY OR FOREIGN LIMITED LIABILITY COMPANY SHALL BE DEEMED TO BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE, TO WHICH A PERSON SHALL MAIL THE PROCESS SERVED AGAINST THE LIMITED LIABILITY COMPANY AS REQUIRED BY THIS ARTICLE. Any designated post office address to which the secretary of state OR A PERSON shall mail a copy of process served upon [him or her] THE SECRETARY OF STATE as agent of a domestic limited liability company or a foreign limited liability company shall continue until the filing of a certificate under this chapter directing the mailing to a different post office address. [(e)] (D) (1) Except as otherwise provided in this subdivision, every limited liability company to which this chapter applies, shall biennial- ly in the calendar month during which its articles of organization or application for authority were filed, or effective date thereof if stat- ed, file on forms prescribed by the secretary of state, a statement setting forth the post office address within or without this state to which [the secretary of state] A PERSON shall mail a copy of any process accepted against it served upon [him or her] THE SECRETARY OF STATE. Such address shall supersede any previous address on file with the department of state for this purpose. (2) The commissioner of taxation and finance and the secretary of state may agree to allow limited liability companies to include the statement specified in paragraph one of this subdivision on tax reports filed with the department of taxation and finance in lieu of biennial statements and in a manner prescribed by the commissioner of taxation and finance. If this agreement is made, starting with taxable years beginning on or after January first, two thousand sixteen, each limited liability company required to file the statement specified in paragraph one of this subdivision that is subject to the filing fee imposed by paragraph three of subsection (c) of section six hundred fifty-eight of the tax law shall provide such statement annually on its filing fee payment form filed with the department of taxation and finance in lieu of filing a statement under this section with the department of state. However, each limited liability company required to file a statement under this section must continue to file the biennial statement required by this section with the department of state until the limited liability company in fact has filed a filing fee payment form with the department of taxation and finance that includes all required information. After that time, the limited liability company shall continue to provide annu- ally the statement specified in paragraph one of this subdivision on its filing fee payment form in lieu of the biennial statement required by this subdivision. (3) If the agreement described in paragraph two of this subdivision is made, the department of taxation and finance shall deliver to the department of state the statement specified in paragraph one of this subdivision contained on filing fee payment forms. The department of taxation and finance must, to the extent feasible, also include the current name of the limited liability company, department of state iden- tification number for such limited liability company, the name, signa- ture and capacity of the signer of the statement, name and street address of the filer of the statement, and the email address, if any, of the filer of the statement. S 31. Paragraphs 2 and 3 of subdivision (a), subparagraph (ii) of paragraph 2 and subparagraph (ii) of paragraph 3 of subdivision (e) of S. 6408--A 42 A. 9008--A section 301-A of the limited liability company law, as added by chapter 448 of the laws of 1998, are amended to read as follows: (2) that the address of the party has been designated by the limited liability company as the post office address to which [the secretary of state] A PERSON shall mail a copy of any process served on the secretary of state as agent for such limited liability company, SUCH ADDRESS and that such party wishes to resign. (3) that sixty days prior to the filing of the certificate of resigna- tion OR RECEIPT OF PROCESS with the department of state the party has sent a copy of the certificate of resignation for receipt of process by registered or certified mail to the address of the registered agent of the designated limited liability company, if other than the party filing the certificate of resignation[,] for receipt of process, or if the [resigning] DESIGNATING limited liability company has no registered agent, then to the last address of the designated limited liability company known to the party, specifying the address to which the copy was sent. If there is no registered agent and no known address of the desig- nating limited liability company, the party shall attach an affidavit to the certificate stating that a diligent but unsuccessful search was made by the party to locate the limited liability company, specifying what efforts were made. (ii) sent by or on behalf of the plaintiff to such limited LIABILITY company by registered or certified mail with return receipt requested to the last address of such limited liability company known to the plain- tiff. (ii) Where service of a copy of process was effected by mailing in accordance with this section, proof of service shall be by affidavit of compliance with this section filed, together with the process, within thirty days after receipt of the return receipt signed by the limited liability company or other official proof of delivery or of the original envelope mailed. If a copy of the process is mailed in accordance with this section, there shall be filed with the affidavit of compliance either the return receipt signed by such limited LIABILITY company or other official proof of delivery, if acceptance was refused by it, the original envelope with a notation by the postal authorities that accept- ance was refused. If acceptance was refused a copy of the notice and process together with notice of the mailing by registered or certified mail and refusal to accept shall be promptly sent to such limited liability company at the same address by ordinary mail and the affidavit of compliance shall so state. Service of process shall be complete ten days after such papers are filed with the clerk of the court. The refusal to accept delivery of the registered or certified mail or to sign the return receipt shall not affect the validity of the service and such limited liability company refusing to accept such registered or certified mail shall be charged with knowledge of the contents thereof. S 32. Subdivision (a) of section 303 of the limited liability company law, as relettered by chapter 341 of the laws of 1999, is amended to read as follows: (a) Service of process on the secretary of state as agent of a domes- tic limited liability company, [or] authorized foreign limited liability company, OR OTHER BUSINESS ENTITY THAT HAS DESIGNATED THE SECRETARY OF STATE AS AGENT FOR SERVICE OF PROCESS PURSUANT TO ARTICLE TEN OF THIS CHAPTER, SHALL BE MADE BY MAILING THE PROCESS AND NOTICE OF SERVICE THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH LIMITED LIABILITY COMPANY OR OTHER BUSINESS ENTITY, AT THE POST OFFICE ADDRESS, ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THIS PURPOSE. ON THE S. 6408--A 43 A. 9008--A SAME DAY AS SUCH PROCESS IS MAILED, A DUPLICATE COPY OF SUCH PROCESS AND PROOF OF MAILING shall be [made by] personally [delivering] DELIVERED to and [leaving] LEFT with the secretary of state or his or her deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, [duplicate copies of such process] together with the statutory fee, which fee shall be a taxable disbursement. PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS SECTION. Service of process on such limited liability company OR OTHER BUSINESS ENTITY shall be complete when the secretary of state is so served. [The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such limited liability company at the post office address on file in the department of state specified for that purpose.] S 33. Section 305 of the limited liability company law is amended to read as follows: S 305. Records of process served on the secretary of state. The [secretary of state] DEPARTMENT OF STATE shall keep a record of each process served upon the secretary of state under this chapter, including the date of such service [and the action of the secretary of state with reference thereto]. IT SHALL, UPON REQUEST MADE WITHIN TEN YEARS OF SUCH SERVICE, ISSUE A CERTIFICATE UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT OF THE PROCESS BY AN AUTHORIZED PERSON, THE DATE AND PLACE OF SUCH SERVICE AND THE RECEIPT OF THE STATUTORY FEE. PROCESS SERVED UPON THE SECRETARY OF STATE UNDER THIS CHAPTER SHALL BE DESTROYED BY THE DEPART- MENT OF STATE AFTER A PERIOD OF TEN YEARS FROM SUCH SERVICE. S 34. Paragraph 4 of subdivision (a) of section 802 of the limited liability company law, as amend by chapter 470 of the laws of 1997, is amended to read as follows: (4) a designation of the secretary of state as its agent upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him or her] THE SECRETARY OF STATE; S 35. Section 804-A of the limited liability company law, as added by chapter 448 of the laws of 1998, is amended to read as follows: S 804-A. Certificate of change. (a) A foreign limited liability compa- ny may amend its application for authority from time to time to (i) specify or change the location of the limited liability company's office; (ii) specify or change the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against the limited liability company served upon [him] THE SECRETARY OF STATE; and (iii) to make, revoke or change the designation of a registered agent, or to specify or change the address of a registered agent. Any one or more such changes may be accomplished by filing a certificate of change which shall be entitled "Certificate of Change of ........ (name of limited liability company) under section 804-A of the Limited Liabil- ity Company Law" and shall be signed and delivered to the department of state. It shall set forth: (1) the name of the foreign limited liability company and, if applica- ble, the fictitious name the limited liability company has agreed to use in this state pursuant to section eight hundred two of this article; (2) the date its application for authority was filed by the department of state; and (3) each change effected thereby[,]. (b) A certificate of change which changes only the post office address to which [the secretary of state] A PERSON shall mail a copy of any S. 6408--A 44 A. 9008--A process against a foreign limited liability company served upon [him or] THE SECRETARY OF STATE AND/OR the address of the registered agent, provided such address being changed is the address of a person, partner- ship [or], corporation OR OTHER LIMITED LIABILITY COMPANY whose address, as agent, is the address to be changed or who has been designated as registered agent for such limited liability company may be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subdivision (a) of this section; that a notice of the proposed change was mailed to the foreign limited liability company by the party signing the certificate not less than thirty days prior to the date of delivery to the depart- ment of state and that such foreign limited liability company has not objected thereto; and that the party signing the certificate is the agent of such foreign limited liability company to whose address [the secretary of state] A PERSON is required to mail copies of process SERVED ON THE SECRETARY OF STATE or the registered agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the foreign limited liability company in whose behalf such certificate is filed. S 36. Paragraph 6 of subdivision (b) of section 806 of the limited liability company law is amended to read as follows: (6) a post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him or her] THE SECRETARY OF STATE. S 37. Paragraph 11 of subdivision (a) of section 1003 of the limited liability company law, as amended by chapter 374 of the laws of 1998, is amended to read as follows: (11) a designation of the secretary of state as its agent upon whom process against it may be served in the manner set forth in article three of this chapter in any action or special proceeding, and a post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process served upon [him or her] THE SECRETARY OF STATE. Such post office address shall supersede any prior address designated as the address to which process shall be mailed; S 38. Clause (iv) of subparagraph (A) of paragraph 2 of subdivision (c) of section 1203 of the limited liability company law, as amended by chapter 44 of the laws of 2006, is amended to read as follows: (iv) a statement that the secretary of state has been designated as agent of the professional service limited liability company upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him or her] THE SECRETARY OF STATE; S 39. Paragraph 6 of subdivision (a) and subparagraph 5 of paragraph (i) of subdivision (d) of section 1306 of the limited liability company law, subparagraph 5 of paragraph (i) of subdivision (d) as amended by chapter 44 of the laws of 2006, are amended to read as follows: (6) a designation of the secretary of state as its agent upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him or her] THE SECRETARY OF STATE; and (5) a statement that the secretary of state has been designated as agent of the foreign professional service limited liability company upon S. 6408--A 45 A. 9008--A whom process against it may be served and the post office address, with- in or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him or her] THE SECRETARY OF STATE; S 40. Paragraph (d) of section 304 of the not-for-profit corporation law, as amended by chapter 358 of the laws of 2015, is amended to read as follows: (d) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT OF A DOMESTIC CORPORATION OR FOREIGN CORPORATION SHALL BE DEEMED TO BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE, TO WHICH A PERSON SHALL MAIL THE PROCESS SERVED AGAINST THE CORPORATION AS REQUIRED BY THIS ARTICLE. Any designated [post-office] POST OFFICE address to which the secretary of state OR A PERSON shall mail a copy of process served upon [him or her] THE SECRETARY OF STATE as agent of a domestic corpo- ration formed under article four of this chapter or foreign corporation, shall continue until the filing of a certificate under this chapter directing the mailing to a different [post-office] POST OFFICE address. S 41. Paragraph (a) of section 305 of the not-for-profit corporation law, as amended by chapter 549 of the laws of 2013, is amended to read as follows: (a) Every domestic corporation or authorized foreign corporation may designate a registered agent in this state upon whom process against such corporation may be served. The agent shall be a natural person who is a resident of or has a business address in this state or a domestic corporation or foreign corporation of any kind formed[,] or authorized to do business in this state, under this chapter or under any other statute of this state, OR A DOMESTIC LIMITED LIABILITY COMPANY OR A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO DO BUSINESS IN THIS STATE. S 42. Paragraph (b) of section 306 of the not-for-profit corporation law, as amended by chapter 23 of the laws of 2014, is amended to read as follows: (b) Service of process on the secretary of state as agent of a domes- tic corporation formed under article four of this chapter or an author- ized foreign corporation shall be made by MAILING THE PROCESS AND NOTICE OF SERVICE THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH CORPORATION OR OTHER BUSINESS ENTITY, AT THE POST OFFICE ADDRESS, ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THIS PURPOSE. ON THE SAME DAY THAT SUCH PROCESS IS MAILED, A DUPLICATE COPY OF SUCH PROCESS AND PROOF OF MAILING SHALL BE personally [delivering] DELIVERED to and [leaving] LEFT with the secretary of state or his or her deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, [dupli- cate copies of such process] together with the statutory fee, which fee shall be a taxable disbursement. PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS SECTION. Service of process on such corporation OR OTHER BUSINESS ENTITY shall be complete when the secretary of state is so served. [The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such corporation, at the post office address, on file in the department of state, speci- fied for the purpose.] If a domestic corporation formed under article four of this chapter or an authorized foreign corporation has no such address on file in the department of state, the [secretary of state shall so mail such] DUPLICATE copy OF THE PROCESS SHALL BE MAILED to S. 6408--A 46 A. 9008--A such corporation at the address of its office within this state on file in the department. S 43. Subparagraph 6 of paragraph (a) of section 402 of the not-for- profit corporation law, as added by chapter 564 of the laws of 1981 and as renumbered by chapter 132 of the laws of 1985, is amended to read as follows: (6) A designation of the secretary of state as agent of the corpo- ration upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S 44. Subparagraph 7 of paragraph (b) of section 801 of the not-for- profit corporation law, as amended by chapter 438 of the laws of 1984, is amended to read as follows: (7) To specify or change the post office address to which [the secre- tary of state] A PERSON shall mail a copy of any process against the corporation served upon [him] THE SECRETARY OF STATE. S 45. Subparagraph 2 of paragraph (c) of section 802 of the not-for- profit corporation law, as amended by chapter 186 of the laws of 1983, is amended to read as follows: (2) To specify or change the post office address to which [the secre- tary of state] A PERSON shall mail a copy of any process against the corporation served upon [him] THE SECRETARY OF STATE. S 46. Subparagraph 6 of paragraph (a) of section 803 of the not-for- profit corporation law, as amended by chapter 23 of the laws of 2014, is amended to read as follows: (6) A designation of the secretary of state as agent of the corpo- ration upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon the secretary OF STATE. S 47. Paragraph (b) of section 803-A of the not-for-profit corporation law, as amended by chapter 172 of the laws of 1999, is amended to read as follows: (b) A certificate of change which changes only the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against the corporation served upon [him or] THE SECRETARY OF STATE AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership, LIMITED LIABILITY COMPANY or other corporation whose address, as agent, is the address to be changed or who has been designated as registered agent for such corporation, may be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subparagraphs (1), (2) and (3) of paragraph (a) of this section; that a notice of the proposed change was mailed to the corpo- ration by the party signing the certificate not less than thirty days prior to the date of delivery to the department and that such corpo- ration has not objected thereto; and that the party signing the certif- icate is the agent of such corporation to whose address [the secretary of state] A PERSON is required to mail copies of any process against the corporation served upon [him] THE SECRETARY OF STATE or the registered agent, if such be the case. A certificate signed and delivered under this paragraph shall not be deemed to effect a change of location of the office of the corporation in whose behalf such certificate is filed. S. 6408--A 47 A. 9008--A S 48. Clause (E) of subparagraph 2 of paragraph (d) of section 906 of the not-for-profit corporation law, as amended by chapter 1058 of the laws of 1971, is amended to read as follows: (E) A designation of the secretary of state as its agent upon whom process against it may be served in the manner set forth in paragraph (b) of section 306 (Service of process), in any action or special proceeding described in subparagraph (D) and a post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of the process in such action or special proceeding SERVED UPON THE SECRETARY OF STATE. S 49. Clause (F) of subparagraph 2 of paragraph (d) of section 908 of the not-for-profit corporation law, is amended to read as follows: (F) A designation of the secretary of state as his agent upon whom process against it may be served in the manner set forth in paragraph (b) of section 306 (Service of process), in any action or special proceeding described in [subparagraph] CLAUSE (D) and a post office address, within or without the state, to which [the secretary of state] A PERSON shall mail a copy of the process in such action or special proceeding SERVED UPON BY THE SECRETARY OF STATE. S 50. Subparagraph 6 of paragraph (a) of section 1304 of the not-for- profit corporation law, as renumbered by chapter 590 of the laws of 1982, is amended to read as follows: (6) A designation of the secretary of state as its agent upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S 51. Subparagraph 7 of paragraph (a) of section 1308 of the not-for- profit corporation law, as renumbered by chapter 186 of the laws of 1983, is amended to read as follows: (7) To specify or change the post office address to which [the secre- tary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S 52. Subparagraph 2 of paragraph (a) and paragraph (c) of section 1310 of the not-for-profit corporation law, paragraph (c) as amended by chapter 172 of the laws of 1999, is amended to read as follows: (2) To specify or change the post office address to which [the secre- tary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. (c) A certificate of change of application for authority which changes only the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against an authorized foreign corpo- ration served upon [him or] THE SECRETARY OF STATE AND/OR which changes the address of its registered agent, provided such address is the address of a person, partnership, LIMITED LIABILITY COMPANY or other corporation whose address, as agent, is the address to be changed or who has been designated as registered agent for such authorized foreign corporation, may be signed and delivered to the department of state by such agent. The certificate of change of application for authority shall set forth the statements required under subparagraphs (1), (2), (3) and (4) of paragraph (b) of this section; that a notice of the proposed change was mailed by the party signing the certificate to the authorized foreign corporation not less than thirty days prior to the date of delivery to the department and that such corporation has not objected thereto; and that the party signing the certificate is the agent of such foreign corporation to whose address [the secretary of state] A PERSON S. 6408--A 48 A. 9008--A is required to mail copies of process SERVED ON THE SECRETARY OF STATE or the registered agent, if such be the case. A certificate signed and delivered under this paragraph shall not be deemed to effect a change of location of the office of the corporation in whose behalf such certif- icate is filed. S 53. Subparagraph 6 of paragraph (a) and subparagraph 4 of paragraph (d) of section 1311 of the not-for-profit corporation law are amended to read as follows: (6) A post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. (4) The changed post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S 54. Section 1312 of the not-for-profit corporation law, as amended by chapter 375 of the laws of 1998, is amended to read as follows: S 1312. Termination of existence. When an authorized foreign corporation is dissolved or its authority or existence is otherwise terminated or cancelled in the jurisdiction of its incorporation or when such foreign corporation is merged into or consolidated with another foreign corporation, a certificate of the secretary of state, or official performing the equivalent function as to corporate records, of the jurisdiction of incorporation of such foreign corporation attesting to the occurrence of any such event or a certified copy of an order or decree of a court of such jurisdiction directing the dissolution of such foreign corporation, the termination of its exist- ence or the cancellation of its authority shall be delivered to the department of state. The filing of the certificate, order or decree shall have the same effect as the filing of a certificate of surrender of authority under section 1311 (Surrender of authority). The secretary of state shall continue as agent of the foreign corporation upon whom process against it may be served in the manner set forth in paragraph (b) of section 306 (Service of process), in any action or special proceeding based upon any liability or obligation incurred by the foreign corporation within this state prior to the filing of such certificate, order or decree and [he] THE PERSON SERVING SUCH PROCESS shall promptly cause a copy of any such process to be mailed by [regis- tered] CERTIFIED mail, return receipt requested, to such foreign corpo- ration at the post office address on file in his office specified for such purpose. The post office address may be changed by signing and delivering to the department of state a certificate of change setting forth the statements required under section 1310 (Certificate of change, contents) to effect a change in the post office address under subpara- graph (a) (4) of section 1308 (Amendments or changes). S 55. Subdivision (c) of section 121-104 of the partnership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (c) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT OF A DOMESTIC LIMITED PARTNERSHIP OR FOREIGN LIMITED PARTNERSHIP SHALL BE DEEMED TO BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE, TO WHICH A PERSON SHALL MAIL THE PROCESS SERVED AGAINST THE LIMITED PART- NERSHIP AS REQUIRED BY THIS ARTICLE. Any designated post office address to which the secretary of state OR A PERSON shall mail a copy of process served upon [him] THE SECRETARY OF STATE as agent of a domestic limited partnership or foreign limited partnership shall continue until the S. 6408--A 49 A. 9008--A filing of a certificate under this article directing the mailing to a different post office address. S 56. Paragraphs 1, 2 and 3 of subdivision (a) of section 121-104-A of the partnership law, as added by chapter 448 of the laws of 1998, are amended to read as follows: (1) the name of the limited partnership and the date that its [arti- cles of organization] CERTIFICATE OF LIMITED PARTNERSHIP or application for authority was filed by the department of state. (2) that the address of the party has been designated by the limited partnership as the post office address to which [the secretary of state] A PERSON shall mail a copy of any process served on the secretary of state as agent for such limited partnership, and that such party wishes to resign. (3) that sixty days prior to the filing of the certificate of resigna- tion FOR RECEIPT OF PROCESS with the department of state the party has sent a copy of the certificate of resignation for receipt of process by registered or certified mail to the address of the registered agent of the [designated] DESIGNATING limited partnership, if other than the party filing the certificate of resignation[,] for receipt of process, or if the [resigning] DESIGNATING limited partnership has no registered agent, then to the last address of the [designated] DESIGNATING limited partnership, known to the party, specifying the address to which the copy was sent. If there is no registered agent and no known address of the designating limited partnership the party shall attach an affidavit to the certificate stating that a diligent but unsuccessful search was made by the party to locate the limited partnership, specifying what efforts were made. S 57. Subdivision (a) of section 121-105 of the partnership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (a) In addition to the designation of the secretary of state, each limited partnership or authorized foreign limited partnership may desig- nate a registered agent upon whom process against the limited partner- ship may be served. The agent must be (i) a natural person who is a resident of this state or has a business address in this state, [or] (ii) a domestic corporation or a foreign corporation authorized to do business in this state, OR A DOMESTIC LIMITED LIABILITY COMPANY OR A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO DO BUSINESS IN THIS STATE. S 58. Subdivisions (a) and (c) of section 121-109 of the partnership law, as added by chapter 950 of the laws of 1990 and as relettered by chapter 341 of the laws of 1999, are amended to read as follows: (a) Service of process on the secretary of state as agent of a domes- tic or authorized foreign limited partnership, OR OTHER BUSINESS ENTITY THAT HAS DESIGNATED THE SECRETARY OF STATE AS AGENT FOR SERVICE OF PROC- ESS PURSUANT TO THIS CHAPTER, shall be made [as follows: (1) By] BY MAILING THE PROCESS AND NOTICE OF SERVICE OF PROCESS PURSU- ANT TO THIS SECTION BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH DOMESTIC OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP OR OTHER BUSINESS ENTITY, AT THE POST OFFICE ADDRESS, ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THAT PURPOSE. ON THE SAME DAY AS THE PROCESS IS MAILED, A DUPLICATE COPY OF SUCH PROCESS AND PROOF OF MAILING SHALL BE personally [delivering] DELIVERED to and [leaving] LEFT with [him or his] THE SECRETARY OF STATE OR A deputy, or with any person authorized by the secretary of state to receive such service, at the office of the depart- ment of state in the city of Albany, [duplicate copies of such process] together with the statutory fee, which fee shall be a taxable disburse- S. 6408--A 50 A. 9008--A ment. PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS SECTION. SERVICE OF PROCESS ON SUCH LIMITED PARTNERSHIP OR OTHER BUSI- NESS ENTITY SHALL BE COMPLETE WHEN THE SECRETARY OF STATE IS SO SERVED. [(2) The service on the limited partnership is complete when the secretary of state is so served. (3) The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, addressed to the limited part- nership at the post office address, on file in the department of state, specified for that purpose.] (c) The [secretary of state] DEPARTMENT OF STATE shall keep a record of all process served upon [him] IT under this section and shall record therein the date of such service [and his action with reference there- to]. IT SHALL, UPON REQUEST MADE WITHIN TEN YEARS OF SUCH SERVICE, ISSUE A CERTIFICATE UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT OF THE PROCESS BY AN AUTHORIZED PERSON, THE DATE AND PLACE OF SUCH SERVICE AND THE RECEIPT OF THE STATUTORY FEE. PROCESS SERVED UPON THE SECRETARY OF STATE UNDER THIS CHAPTER SHALL BE DESTROYED BY HIM AFTER A PERIOD OF TEN YEARS FROM SUCH SERVICE. S 59. Paragraph 3 of subdivision (a) and subparagraph 4 of paragraph (i) of subdivision (c) of section 121-201 of the partnership law, para- graph 3 of subdivision (a) as amended by chapter 264 of the laws of 1991, and subparagraph 4 of paragraph (i) of subdivision (c), as amended by chapter 44 of the laws of 2006, are amended to read as follows: (3) a designation of the secretary of state as agent of the limited partnership upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE; (4) a statement that the secretary of state has been designated as agent of the limited partnership upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him or her] THE SECRETARY OF STATE; S 60. Paragraph 4 of subdivision (b) of section 121-202 of the part- nership law, as amended by chapter 576 of the laws of 1994, is amended to read as follows: (4) a change in the name of the limited partnership, or a change in the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against the limited partnership served on [him] THE SECRETARY OF STATE, or a change in the name or address of the registered agent, if such change is made other than pursuant to section 121-104 or 121-105 of this article. S 61. Section 121-202-A of the partnership law, as added by chapter 448 of the laws of 1998, and paragraph 2 of subdivision (a) as amended by chapter 172 of the laws of 1999, is amended to read as follows: S 121-202-A. Certificate of change. (a) A certificate of limited part- nership may be changed by filing with the department of state a certif- icate of change entitled "Certificate of Change of ..... (name of limit- ed partnership) under Section 121-202-A of the Revised Limited Partnership Act" and shall be signed and delivered to the department of state. A certificate of change may (i) specify or change the location of the limited partnership's office; (ii) specify or change the post office address to which [the secretary of state] A PERSON shall mail a copy of process against the limited partnership served upon [him] THE SECRETARY OF STATE; and (iii) make, revoke or change the designation of a regis- S. 6408--A 51 A. 9008--A tered agent, or to specify or change the address of its registered agent. It shall set forth: (1) the name of the limited partnership, and if it has been changed, the name under which it was formed; (2) the date its certificate of limited partnership was filed by the department of state; and (3) each change effected thereby. (b) A certificate of change which changes only the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against a limited partnership served upon [him or] THE SECRETARY OF STATE AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership, LIMITED LIABILITY CORPORATION or corporation whose address, as agent, is the address to be changed or who has been designated as registered agent for such limited partnership shall be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subdivision (a) of this section; that a notice of the proposed change was mailed to the domestic limited partnership by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such domestic limited partnership has not objected thereto; and that the party signing the certificate is the agent of such limited partnership to whose address [the secretary of state] A PERSON is required to mail copies of process SERVED ON THE SECRETARY OF STATE or the registered agent, if such be the case. A certificate signed and delivered under this subdivi- sion shall not be deemed to effect a change of location of the office of the limited partnership in whose behalf such certificate is filed. S 62. Paragraph 4 of subdivision (a) and subparagraph 5 of paragraph (i) of subdivision (d) of section 121-902 of the partnership law, para- graph 4 of subdivision (a) as amended by chapter 172 of the laws of 1999 and subparagraph 5 of paragraph (i) of subdivision (d) as amended by chapter 44 of the laws of 2006, are amended to read as follows: (4) a designation of the secretary of state as its agent upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE; (5) a statement that the secretary of state has been designated as its agent upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him or her] THE SECRETARY OF STATE; S 63. Section 121-903-A of the partnership law, as added by chapter 448 of the laws of 1998, is amended to read as follows: S 121-903-A. Certificate of change. (a) A foreign limited partnership may change its application for authority by filing with the department of state a certificate of change entitled "Certificate of Change of ........ (name of limited partnership) under Section 121-903-A of the Revised Limited Partnership Act" and shall be signed and delivered to the department of state. A certificate of change may (i) change the location of the limited partnership's office; (ii) change the post office address to which [the secretary of state] A PERSON shall mail a copy of process against the limited partnership served upon [him] THE SECRETARY OF STATE; and (iii) make, revoke or change the designation of a registered agent, or to specify or change the address of its regis- tered agent. It shall set forth: S. 6408--A 52 A. 9008--A (1) the name of the foreign limited partnership and, if applicable, the fictitious name the foreign limited partnership has agreed to use in this state pursuant to section 121-902 of this article; (2) the date its application for authority was filed by the department of state; and (3) each change effected thereby. (b) A certificate of change which changes only the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against a foreign limited partnership served upon [him or] THE SECRETARY OF STATE AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership, LIMITED LIABILITY COMPANY or corporation whose address, as agent, is the address to be changed or who has been designated as registered agent for such foreign limited partnership shall be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subdivision (a) of this section; that a notice of the proposed change was mailed to the foreign limited partnership by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such foreign limited partnership has not objected thereto; and that the party signing the certificate is the agent of such foreign limited part- nership to whose address [the secretary of state] A PERSON is required to mail copies of process SERVED ON THE SECRETARY OF STATE or the regis- tered agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the limited partnership in whose behalf such certificate is filed. S 64. Paragraph 6 of subdivision (b) of section 121-905 of the part- nership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (6) a post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S 65. Paragraph 7 of subdivision (a) of section 121-1103 of the part- nership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (7) A designation of the secretary of state as its agent upon whom process against it may be served in the manner set forth in section 121-109 of this article in any action or special proceeding, and a post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process served upon [him] THE SECRETARY OF STATE. Such post office address shall supersede any prior address designated as the address to which process shall be mailed. S 66. Subparagraphs 2 and 4 of paragraph (I) of subdivision (a) and clause 4 of subparagraph (A) of paragraph (II) of section 121-1500 of the partnership law, subparagraph 2 of paragraph (I) as added by chapter 576 of the laws of 1994, subparagraph 4 of paragraph (I) as amended by chapter 643 of the laws of 1995 and such paragraph as redesignated by chapter 767 of the laws of 2005 and clause 4 of subparagraph (A) of paragraph (II) as amended by chapter 44 of the laws of 2006, are amended to read as follows: (2) the address, WITHIN THIS STATE, of the principal office of the partnership without limited partners; (4) a designation of the secretary of state as agent of the partner- ship without limited partners upon whom process against it may be served and the post office address, within or without this state, to which the S. 6408--A 53 A. 9008--A [secretary of state] A PERSON shall mail a copy of any process against it or served [upon it] ON THE SECRETARY OF STATE; (4) a statement that the secretary of state has been designated as agent of the registered limited liability partnership upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him or her] THE SECRETARY OF STATE; S 67. Paragraphs (ii) and (iii) of subdivision (g) of section 121-1500 of the partnership law, as amended by section 8 of part S of chapter 59 of the laws of 2015, are amended to read as follows: (ii) the address, WITHIN THIS STATE, of the principal office of the registered limited liability partnership, (iii) the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process accepted against it served upon [him or her] THE SECRETARY OF STATE, which address shall supersede any previous address on file with the department of state for this purpose, and S 68. Subdivision (j-1) of section 121-1500 of the partnership law, as added by chapter 448 of the laws of 1998, is amended to read as follows: (j-1) A certificate of change which changes only the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against a registered limited liability partnership served upon [him] THE SECRETARY OF STATE AND/or the address of the registered agent, provided such address being changed is the address of a person, partnership, LIMITED LIABILITY COMPANY or corporation whose address, as agent, is the address to be changed or who has been designated as regis- tered agent for such registered limited liability partnership shall be signed and delivered to the department of state by such agent. The certificate of change shall set forth: (i) the name of the registered limited liability partnership and, if it has been changed, the name under which it was originally filed with the department of state; (ii) the date of filing of its initial registration or notice statement; (iii) each change effected thereby; (iv) that a notice of the proposed change was mailed to the limited liability partnership by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such limited liability partnership has not objected thereto; and (v) that the party signing the certificate is the agent of such limited liability partnership to whose address [the secretary of state] A PERSON is required to mail copies of process SERVED ON THE SECRETARY OF STATE or the registered agent, if such be the case. A certificate signed and delivered under this subdivi- sion shall not be deemed to effect a change of location of the office of the limited liability partnership in whose behalf such certificate is filed. The certificate of change shall be accompanied by a fee of five dollars. S 69. Subdivision (a) of section 121-1502 of the partnership law, as amended by chapter 643 of the laws of 1995, and paragraph (v) as amended by chapter 470 of the laws of 1997, are amended to read as follows: (a) In order for a foreign limited liability partnership to carry on or conduct or transact business or activities as a New York registered foreign limited liability partnership in this state, such foreign limit- ed liability partnership shall file with the department of state a notice which shall set forth: (i) the name under which the foreign limited liability partnership intends to carry on or conduct or transact business or activities in this state; (ii) the date on which and the jurisdiction in which it registered as a limited liability partnership; S. 6408--A 54 A. 9008--A (iii) the address, WITHIN THIS STATE, of the principal office of the foreign limited liability partnership; (iv) the profession or professions to be practiced by such foreign limited liability partner- ship and a statement that it is a foreign limited liability partnership eligible to file a notice under this chapter; (v) a designation of the secretary of state as agent of the foreign limited liability partnership upon whom process against it may be served and the post office address within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it [or] served upon [it] THE SECRETARY OF STATE; (vi) if the foreign limited liability partnership is to have a registered agent, its name and address in this state and a statement that the registered agent is to be the agent of the foreign limited liability partnership upon whom process against it may be served; (vii) a statement that its registration as a limited liability partnership is effective in the jurisdiction in which it registered as a limited liability partnership at the time of the filing of such notice; (viii) a statement that the foreign limited liability partnership is filing a notice in order to obtain status as a New York registered foreign limited liability partnership; (ix) if the registration of the foreign limited liability partnership is to be effective on a date later than the time of filing, the date, not to exceed sixty days from the date of filing, of such proposed effectiveness; and (x) any other matters the foreign limited liability partnership determines to include in the notice. Such notice shall be accompanied by either (1) a copy of the last registration or renewal registration (or similar filing), if any, filed by the foreign limited liability partnership with the juris- diction where it registered as a limited liability partnership or (2) a certificate, issued by the jurisdiction where it registered as a limited liability partnership, substantially to the effect that such foreign limited liability partnership has filed a registration as a limited liability partnership which is effective on the date of the certificate (if such registration, renewal registration or certificate is in a foreign language, a translation thereof under oath of the translator shall be attached thereto). Such notice shall also be accompanied by a fee of two hundred fifty dollars. S 70. Subparagraphs (ii) and (iii) of paragraph (I) of subdivision (f) of section 121-1502 of the partnership law, as amended by section 9 of part S of chapter 59 of the laws of 2015, is amended to read as follows: (ii) the address, WITHIN THIS STATE, of the principal office of the New York registered foreign limited liability partnership, (iii) the post office address, within or without this state, to which [the secre- tary of state] A PERSON shall mail a copy of any process accepted against it served upon [him or her] THE SECRETARY OF STATE, which address shall supersede any previous address on file with the department of state for this purpose, and S 71. Clause 5 of subparagraph (A) of paragraph (II) of subdivision (f) of section 121-1502 of the partnership law, as amended by chapter 44 of the laws of 2006, is amended to read as follows: (5) a statement that the secretary of state has been designated as agent of the foreign limited liability partnership upon whom process against it may be served and the post office address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him or her] THE SECRETARY OF STATE; S 72. Subdivision (i-1) of section 121-1502 of the partnership law, as added by chapter 448 of the laws of 1998, is amended to read as follows: S. 6408--A 55 A. 9008--A (i-1) A certificate of change which changes only the post office address to which [the secretary of state] A PERSON shall mail a copy of any process against a New York registered foreign limited liability partnership served upon [him] THE SECRETARY OF STATE AND/or the address of the registered agent, provided such address being changed is the address of a person, partnership, LIMITED LIABILITY COMPANY or corpo- ration whose address, as agent, is the address to be changed or who has been designated as registered agent of such registered foreign limited liability partnership shall be signed and delivered to the department of state by such agent. The certificate of change shall set forth: (i) the name of the New York registered foreign limited liability partnership; (ii) the date of filing of its initial registration or notice statement; (iii) each change effected thereby; (iv) that a notice of the proposed change was mailed to the limited liability partnership by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such limited liability partnership has not objected thereto; and (v) that the party signing the certificate is the agent of such limited liability partnership to whose address [the secretary of state] A PERSON is required to mail copies of process SERVED ON THE SECRETARY OF STATE or the registered agent, if such be the case. A certificate signed and delivered under this subdivi- sion shall not be deemed to effect a change of location of the office of the limited liability partnership in whose behalf such certificate is filed. The certificate of change shall be accompanied by a fee of five dollars. S 73. Subdivision (a) of section 121-1505 of the partnership law, as added by chapter 470 of the laws of 1997, is amended and three new subdivisions (d), (e) and (f) are added to read as follows: (a) Service of process on the secretary of state as agent of a regis- tered limited liability partnership OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP under this article shall be made by MAIL- ING THE PROCESS AND NOTICE OF SERVICE THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP, AT THE POST OFFICE ADDRESS ON FILE IN THE DEPARTMENT OF STATE SPECIFIED FOR SUCH PURPOSE. ON THE SAME DATE THAT SUCH PROCESS IS MAILED, A DUPLICATE COPY OF SUCH PROCESS AND PROOF OF MAILING TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT SHALL BE personally [deliver- ing] DELIVERED to and [leaving] LEFT with the secretary of state or a deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, [duplicate copies of such process] together with the statutory fee, which fee shall be a taxable disbursement. PROOF OF MAIL- ING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS SECTION. Service of process on such registered limited liability partnership OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP shall be complete when the secretary of state is so served. [The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such registered limited liability partnership, at the post office address on file in the department of state specified for such purpose.] (D) THE DEPARTMENT OF STATE SHALL KEEP A RECORD OF EACH PROCESS SERVED UPON THE SECRETARY OF STATE UNDER THIS CHAPTER, INCLUDING THE DATE OF SUCH SERVICE. IT SHALL, UPON REQUEST MADE WITHIN TEN YEARS OF SUCH SERVICE, ISSUE A CERTIFICATE UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT OF THE PROCESS BY AN AUTHORIZED PERSON, THE DATE AND PLACE OF SUCH S. 6408--A 56 A. 9008--A SERVICE AND THE RECEIPT OF THE STATUTORY FEE. PROCESS SERVED UPON THE SECRETARY OF STATE UNDER THIS CHAPTER SHALL BE DESTROYED BY THE DEPART- MENT OF STATE AFTER A PERIOD OF TEN YEARS FROM SUCH SERVICE. (E) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE SHALL MAIL A COPY OF ANY PROCESS SERVED UPON HIM AS AGENT OF A REGIS- TERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP SHALL BE DEEMED TO BE THE POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL THE PROCESS SERVED AGAINST THE REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP PURSUANT TO THIS ARTICLE. (F) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE OR A PERSON SHALL MAIL ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT OF A REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGIS- TERED FOREIGN LIMITED LIABILITY PARTNERSHIP SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE UNDER THIS CHAPTER DIRECTING THE MAILING TO A DIFFERENT POST OFFICE ADDRESS. S 74. Subdivision (b) of section 121-1506 of the partnership law, as added by chapter 448 of the laws of 1998, and paragraph 4 as amended by chapter 172 of the laws of 1999, is amended to read as follows: (b) The party (or the party's legal representative) whose post OFFICE address has been supplied by a limited liability partnership as its address for process may resign. A certificate entitled "Certificate of Resignation for Receipt of Process under Section 121-1506(b) of the Partnership Law" shall be signed by such party and delivered to the department of state. It shall set forth: (1) The name of the limited liability partnership and the date that its certificate of registration was filed by the department of state. (2) That the address of the party has been designated by the limited liability partnership as the post office address to which [the secretary of state] A PERSON shall mail a copy of any process served on the secre- tary of state as agent for such limited liability partnership and that such party wishes to resign. (3) That sixty days prior to the filing of the certificate of resigna- tion with the department of state the party has sent a copy of the certificate of resignation for receipt of process by registered or certified mail to the address of the registered agent of the [desig- nated] DESIGNATING limited liability partnership, if other than the party filing the certificate of resignation, for receipt of process, or if the [resigning] DESIGNATING limited liability partnership has no registered agent, then to the last address of the [designated] DESIGNAT- ING limited liability partnership, known to the party, specifying the address to which the copy was sent. If there is no registered agent and no known address of the designating limited liability partnership the party shall attach an affidavit to the certificate stating that a dili- gent but unsuccessful search was made by the party to locate the limited liability partnership, specifying what efforts were made. (4) That the [designated] DESIGNATING limited liability partnership is required to deliver to the department of state a certificate of amend- ment providing for the designation by the limited liability partnership of a new address and that upon its failure to file such certificate, its authority to do business in this state shall be suspended. S 75. Paragraph 16 of subdivision 1 of section 103 of the private housing finance law, as added by chapter 22 of the laws of 1970, is amended to read as follows: (16) A designation of the secretary of state as agent of the corpo- ration upon whom process against it may be served and the post office S. 6408--A 57 A. 9008--A address, within or without this state, to which [the secretary of state] A PERSON shall mail a copy of any process against it served upon [him] THE SECRETARY OF STATE. S 76. Subdivision 7 of section 339-n of the real property law, is REPEALED and subdivisions 8 and 9 are renumbered subdivisions 7 and 8. S 77. Subdivision 2 of section 339-s of the real property law, as added by chapter 346 of the laws of 1997, is amended to read as follows: 2. [Each such declaration, and any amendment or amendments thereof shall be filed with the department of state] (A) THE BOARD OF MANAGERS FOR EACH CONDOMINIUM SUBJECT TO THIS ARTICLE SHALL FILE WITH THE SECRE- TARY OF STATE A CERTIFICATE, IN WRITING, SIGNED, DESIGNATING THE SECRE- TARY OF STATE AS AGENT OF THE BOARD OF MANAGERS UPON WHOM PROCESS AGAINST IT MAY BE SERVED AND THE POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL A COPY OF SUCH PROCESS. THE CERTIFICATE SHALL BE ACCOMPANIED BY A FEE OF SIXTY DOLLARS. (B) ANY BOARD OF MANAGERS MAY CHANGE THE ADDRESS TO WHICH A PERSON SHALL MAIL A COPY OF PROCESS SERVED UPON THE SECRETARY OF STATE, BY FILING A SIGNED CERTIFICATE OF AMENDMENT WITH THE DEPARTMENT OF STATE. SUCH CERTIFICATE SHALL BE ACCOMPANIED BY A FEE OF SIXTY DOLLARS. (C) SERVICE OF PROCESS ON THE SECRETARY OF STATE AS AGENT OF A BOARD OF MANAGERS SHALL BE MADE BY MAILING THE PROCESS AND NOTICE OF SERVICE OF PROCESS PURSUANT TO THIS SECTION BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH BOARD OF MANAGERS, AT THE POST OFFICE ADDRESS, ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THIS PURPOSE. ON THE SAME DAY THAT SUCH PROCESS IS MAILED, A DUPLICATE COPY OF SUCH PROCESS AND PROOF OF MAILING SHALL BE PERSONALLY DELIVERED TO AND LEFT WITH THE SECRETARY OF STATE OR A DEPUTY, OR WITH ANY PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE SUCH SERVICE, AT THE OFFICE OF THE DEPART- MENT OF STATE IN THE CITY OF ALBANY, A DUPLICATE COPY OF SUCH PROCESS WITH PROOF OF MAILING TOGETHER WITH THE STATUTORY FEE, WHICH SHALL BE A TAXABLE DISBURSEMENT. PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLI- ANCE WITH THIS SECTION. SERVICE OF PROCESS ON A BOARD OF MANAGERS SHALL BE COMPLETE WHEN THE SECRETARY OF STATE IS SO SERVED. (D) AS USED IN THIS ARTICLE, "PROCESS" SHALL MEAN JUDICIAL PROCESS AND ALL ORDERS, DEMANDS, NOTICES OR OTHER PAPERS REQUIRED OR PERMITTED BY LAW TO BE PERSONALLY SERVED ON A BOARD OF MANAGERS, FOR THE PURPOSE OF ACQUIRING JURISDICTION OF SUCH BOARD OF MANAGERS IN ANY ACTION OR PROCEEDING, CIVIL OR CRIMINAL, WHETHER JUDICIAL, ADMINISTRATIVE, ARBI- TRATIVE OR OTHERWISE, IN THIS STATE OR IN THE FEDERAL COURTS SITTING IN OR FOR THIS STATE. (E) NOTHING IN THIS SECTION SHALL AFFECT THE RIGHT TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY LAW. (F) THE DEPARTMENT OF STATE SHALL KEEP A RECORD OF EACH PROCESS SERVED UNDER THIS SECTION, INCLUDING THE DATE OF SERVICE. IT SHALL, UPON REQUEST, MADE WITHIN TEN YEARS OF SUCH SERVICE, ISSUE A CERTIFICATE UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT OF PROCESS BY AN AUTHORIZED PERSON, THE DATE AND PLACE OF SUCH SERVICE AND THE RECEIPT OF THE STATU- TORY FEE. PROCESS SERVED ON THE SECRETARY OF STATE UNDER THIS SECTION SHALL BE DESTROYED BY THE DEPARTMENT OF STATE AFTER A PERIOD OF TEN YEARS FROM SUCH SERVICE. (G) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE SHALL MAIL A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT OF THE BOARD OF MANAGERS FILED WITH THE DEPARTMENT OF STATE PURSU- ANT TO THIS SECTION PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL BE DEEMED TO BE THE POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL THE PROCESS AGAINST THE BOARD OF MANAGERS PURSUANT TO THIS ARTICLE. ANY S. 6408--A 58 A. 9008--A DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE OR A PERSON SHALL MAIL A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT OF A BOARD OF MANAGERS, SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE UNDER THIS CHAPTER DIRECTING THE MAILING TO A DIFFERENT POST OFFICE ADDRESS. S 78. Subdivisions 3 and 4 of section 442-g of the real property law, as amended by chapter 482 of the laws of 1963, are amended to read as follows: 3. Service of such process upon the secretary of state shall be made by personally delivering to and leaving with [him or his] THE SECRETARY OF STATE OR A deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, [duplicate copies] A COPY of such process AND PROOF OF MAILING together with a fee of five dollars if the action is solely for the recovery of a sum of money not in excess of two hundred dollars and the process is so endorsed, and a fee of ten dollars in any other action or proceeding, which fee shall be a taxable disbursement. If such process is served upon behalf of a county, city, town or village, or other political subdivision of the state, the fee to be paid to the secretary of state shall be five dollars, irrespective of the amount involved or the nature of the action on account of which such service of process is made. [If the cost of registered mail for trans- mitting a copy of the process shall exceed two dollars, an additional fee equal to such excess shall be paid at the time of the service of such process.] PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS SECTION. Proof of service shall be by affidavit of compliance with this subdivision filed by or on behalf of the plaintiff together with the process, within ten days after such service, with the clerk of the court in which the action or special proceeding is pending. Service made as provided in this section shall be complete ten days after such papers are filed with the clerk of the court and shall have the same force and validity as if served on him personally within the state and within the territorial jurisdiction of the court from which the process issues. 4. The [secretary of state] PERSON SERVING SUCH PROCESS shall [prompt- ly] send [one of] such [copies] PROCESS by [registered] CERTIFIED mail, return receipt requested, to the nonresident broker or nonresident salesman at the post office address of his main office as set forth in the last application filed by him. S 79. Subdivision 2 of section 203 of the tax law, as amended by chap- ter 100 of the laws of 1964, is amended to read as follows: 2. Every foreign corporation (other than a moneyed corporation) subject to the provisions of this article, except a corporation having a certificate of authority [under section two hundred twelve of the gener- al corporation law] or having authority to do business by virtue of section thirteen hundred five of the business corporation law, shall file in the department of state a certificate of designation in its corporate name, signed and acknowledged by its president or a vice-pre- sident or its secretary or treasurer, under its corporate seal, desig- nating the secretary of state as its agent upon whom process in any action provided for by this article may be served within this state, and setting forth an address to which [the secretary of state] A PERSON shall mail a copy of any such process against the corporation which may be served upon [him] THE SECRETARY OF STATE. In case any such corpo- ration shall have failed to file such certificate of designation, it shall be deemed to have designated the secretary of state as its agent S. 6408--A 59 A. 9008--A upon whom such process against it may be served; and until a certificate of designation shall have been filed the corporation shall be deemed to have directed [the secretary of state] A PERSON SERVING PROCESS to mail copies of process served upon [him] THE SECRETARY OF STATE to the corpo- ration at its last known office address within or without the state. When a certificate of designation has been filed by such corporation [the secretary of state] A PERSON SERVING PROCESS shall mail copies of process thereafter served upon [him] THE SECRETARY OF STATE to the address set forth in such certificate. Any such corporation, from time to time, may change the address to which [the secretary of state] A PERSON is directed to mail copies of process, by filing a certificate to that effect executed, signed and acknowledged in like manner as a certificate of designation as herein provided. Service of process upon any such corporation or upon any corporation having a certificate of authority [under section two hundred twelve of the general corporation law] or having authority to do business by virtue of section thirteen hundred five of the business corporation law, in any action commenced at any time pursuant to the provisions of this article, may be made by either (1) personally delivering to and leaving with the secretary of state, a deputy secretary of state or with any person authorized by the secretary of state to receive such service [duplicate copies] A COPY thereof at the office of the department of state in the city of Albany, in which event [the secretary of state] A PERSON SERVING SUCH PROCESS shall forthwith send by [registered] CERTIFIED mail, return receipt requested, [one of such copies] A DUPLICATE COPY to the corporation at the address designated by it or at its last known office address within or without the state, or (2) personally delivering to and leaving with the secretary of state, a deputy secretary of state or with any person authorized by the secretary of state to receive such service, a copy thereof at the office of the department of state in the city of Albany and by delivering a copy thereof to, and leaving such copy with, the president, vice-president, secretary, assistant secretary, treasurer, assistant treasurer, or cashier of such corporation, or the officer performing corresponding functions under another name, or a director or managing agent of such corporation, personally without the state. Proof of such personal service without the state shall be filed with the clerk of the court in which the action is pending within thirty days after such service, and such service shall be complete ten days after proof thereof is filed. S 80. Section 216 of the tax law, as added by chapter 415 of the laws of 1944, the opening paragraph as amended by chapter 100 of the laws of 1964 and redesignated by chapter 613 of the laws of 1976, is amended to read as follows: S 216. Collection of taxes. Every foreign corporation (other than a moneyed corporation) subject to the provisions of this article, except a corporation having a certificate of authority [under section two hundred twelve of the general corporation law] or having authority to do busi- ness by virtue of section thirteen hundred five of the business corpo- ration law, shall file in the department of state a certificate of designation in its corporate name, signed and acknowledged by its presi- dent or a vice-president or its secretary or treasurer, under its corpo- rate seal, designating the secretary of state as its agent upon whom process in any action provided for by this article may be served within this state, and setting forth an address to which [the secretary of state] A PERSON shall mail a copy of any such process against the corpo- ration which may be served upon him. In case any such corporation shall S. 6408--A 60 A. 9008--A have failed to file such certificate of designation, it shall be deemed to have designated the secretary of state as its agent upon whom such process against it may be served; and until a certificate of designation shall have been filed the corporation shall be deemed to have directed [the secretary of state] A PERSON to mail [copies] A COPY of process served upon [him] THE SECRETARY OF STATE to the corporation at its last known office address within or without the state. When a certificate of designation has been filed by such corporation [the secretary of state] A PERSON SERVING SUCH PROCESS shall mail [copies] A COPY of process thereafter served upon [him] PERSON SERVING SUCH PROCESS to the address set forth in such certificate. Any such corporation, from time to time, may change the address to which [the secretary of state] PERSON is directed to mail copies of process, by filing a certificate to that effect executed, signed and acknowledged in like manner as a certificate of designation as herein provided. Service of process upon any such corporation or upon any corporation having a certificate of authority [under section two hundred twelve of the general corporation law] or having authority to do business by virtue of section thirteen hundred five of the business corporation law, in any action commenced at any time pursuant to the provisions of this article, may be made by either (1) personally delivering to and leaving with the secretary of state, a deputy secretary of state or with any person authorized by the secretary of state to receive such service [duplicate copies] A COPY thereof at the office of the department of state in the city of Albany, in which event [the secretary of state] A PERSON SERVING SUCH PROCESS shall forthwith send by [registered] CERTIFIED mail, return receipt requested, [one of such copies] A DUPLICATE COPY to the corporation at the address designated by it or at its last known office address within or without the state, or (2) personally delivering to and leaving with the secre- tary of state, a deputy secretary of state or with any person authorized by the secretary of state to receive such service, a copy thereof at the office of the department of state in the city of Albany and by deliver- ing a copy thereof to, and leaving such copy with, the president, vice- president, secretary, assistant secretary, treasurer, assistant treasur- er, or cashier of such corporation, or the officer performing corresponding functions under another name, or a director or managing agent of such corporation, personally without the state. Proof of such personal service without the state shall be filed with the clerk of the court in which the action is pending within thirty days after such service, and such service shall be complete ten days after proof thereof is filed. S 81. Subdivisions (a) and (b) of section 310 of the tax law, as added by chapter 400 of the laws of 1983, is amended to read as follows: (a) Designation for service of process.--Every petroleum business which is a corporation, except such a petroleum business having a certificate of authority [under section two hundred twelve of the gener- al corporation law] or having authority to do business by virtue of section thirteen hundred five of the business corporation law, shall file in the department of state a certificate of designation in its corporate name, signed and acknowledged by its president or vice-presi- dent or its secretary or treasurer, under its corporate seal, designat- ing the secretary of state as its agent upon whom process in any action provided for by this article may be served within this state, and setting forth an address to which [the secretary of state] A PERSON shall mail a copy of any such process against such petroleum business which may be served upon [him] THE SECRETARY OF STATE. In case any such S. 6408--A 61 A. 9008--A petroleum business shall have failed to file such certificate of desig- nation, it shall be deemed to have designated the secretary of state as its agent upon whom such process against it may be served; and until a certificate of designation shall have been filed such a petroleum busi- ness shall be deemed to have directed [the secretary of state] A PERSON to mail copies of process served upon [him] THE SECRETARY OF STATE to such petroleum business at its last known office address within or with- out the state. When a certificate of designation has been filed by such a petroleum business [the secretary of state] A PERSON SERVING PROCESS shall mail copies of process thereafter served upon [him] THE SECRETARY OF STATE to the address set forth in such certificate. Any such petrole- um business, from time to time, may change the address to which [the secretary of state] A PERSON is directed to mail copies of process, by filing a certificate to that effect executed, signed and acknowledged in like manner as a certificate of designation as herein provided. (b) Service of process.--Service of process upon any petroleum busi- ness which is a corporation (including any such petroleum business having a certificate of authority [under section two hundred twelve of the general corporation law] or having authority to do business by virtue of section thirteen hundred five of the business corporation law), in any action commenced at any time pursuant to the provisions of this article, may be made by either (1) personally delivering to and leaving with the secretary of state, a deputy secretary of state or with any person authorized by the secretary of state to receive such service [duplicate copies] A COPY thereof at the office of the department of state in the city of Albany, in which event [the secretary of state] A PERSON SERVING PROCESS shall forthwith send by [registered] CERTIFIED mail, return receipt requested, [one of such copies] A DUPLICATE COPY to such petroleum business at the address designated by it or at its last known office address within or without the state, or (2) personally delivering to and leaving with the secretary of state, a deputy secre- tary of state or with any person authorized by the secretary of state to receive such service, a copy thereof at the office of the department of state in the city of Albany and by delivering a copy thereof to, and leaving such copy with, the president, vice-president, secretary, assistant secretary, treasurer, assistant treasurer, or cashier of such petroleum business, or the officer performing corresponding functions under another name, or a director or managing agent of such petroleum business, personally without the state. Proof of such personal service without the state shall be filed with the clerk of the court in which the action is pending within thirty days after such service, and such service shall be complete ten days after proof thereof is filed. S 82. This act shall take effect on the one hundred twentieth day after it shall have become a law. PART O Section 1. Chapter 912 of the laws of 1920 relating to the regulation of boxing, sparring, and wrestling is REPEALED. S 2. Article 40 and sections 900 and 901 of the general business law, as renumbered by chapter 407 of the laws of 1973, are renumbered article 43 and sections 1200 and 1201, respectively, and a new article 41 is added to read as follows: ARTICLE 41 COMBATIVE SPORTS SECTION 1000. DEFINITIONS. S. 6408--A 62 A. 9008--A 1001. COMBATIVE SPORTS AUTHORIZED. 1002. COMBATIVE SPORTS PROHIBITED. 1003. STATE ATHLETIC COMMISSION. 1004. JURISDICTION OF THE COMMISSION. 1005. OFFICERS AND EMPLOYEES OF THE COMMISSION. 1006. SANCTIONING ENTITIES. 1007. LICENSES; GENERAL PROVISIONS. 1008. LICENSES; JUDGES. 1009. LICENSES; ENTITIES. 1010. LICENSES; PROFESSIONALS. 1011. TEMPORARY WORKING PERMITS. 1012. TEMPORARY TRAINING FACILITIES. 1013. MEDICAL ADVISORY BOARD. 1014. REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. 1015. CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. 1016. REQUIRED FILINGS. 1017. PROFESSIONAL WRESTLING; PROMOTERS. 1018. PROHIBITED CONDUCT. 1019. PENALTIES. 1020. SUBPOENAS BY COMMISSION; OATHS. 1021. EXCEPTIONS. 1022. DISPOSITION OF RECEIPTS. S 1000. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "AMATEUR" MEANS ANY PARTICIPANT IN A COMBATIVE SPORT AUTHORIZED PURSUANT TO THIS ARTICLE WHO IS NOT RECEIVING OR COMPETING FOR, AND WHO HAS NEVER RECEIVED OR COMPETED FOR, ANY PURSE, MONEY, PRIZE, PECUNIARY GAIN, OR OTHER THING OF VALUE EXCEEDING SEVENTY-FIVE DOLLARS OR THE ALLOWABLE AMOUNT ESTABLISHED BY THE AUTHORIZED AMATEUR SANCTIONING ENTITY OVERSEEING THE COMPETITION. 2. "AUTHORIZED SANCTIONING ENTITY" MEANS AN ENTITY ALLOWED TO OVERSEE AND CONDUCT COMBATIVE SPORTS PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSION. 3. "COMBATIVE SPORT" MEANS ANY UNARMED BOUT, CONTEST, COMPETITION, MATCH, OR EXHIBITION UNDERTAKEN TO ENTERTAIN AN AUDIENCE, WHEREIN THE PARTICIPANTS PRIMARILY GRAPPLE OR WRESTLE, OR DELIVER BLOWS OF ANY KIND TO, OR USE FORCE IN ANY WAY TO MANIPULATE, THE BODY OF ANOTHER PARTIC- IPANT, AND WHEREIN THE OUTCOME AND SCORE DEPEND ENTIRELY ON SUCH ACTIV- ITIES. 4. "COMMISSION" MEANS THE STATE ATHLETIC COMMISSION AS PROVIDED FOR IN SECTION ONE THOUSAND THREE OF THIS ARTICLE, OR AN AGENT OR EMPLOYEE OF THE STATE ATHLETIC COMMISSION ACTING ON ITS BEHALF. 5. "MIXED MARTIAL ARTS" MEANS A COMBATIVE SPORT WHEREIN THE RULES OF ENGAGEMENT DO NOT LIMIT THE PARTICIPANTS TO A SINGLE, SYSTEMATIC, FIGHT- ING DISCIPLINE. 6. "PROFESSIONAL" MEANS ANY PARTICIPANT IN A COMBATIVE SPORT AUTHOR- IZED PURSUANT TO THIS ARTICLE, OTHER THAN AN AMATEUR, WHO IS RECEIVING OR COMPETING FOR, OR WHO HAS EVER RECEIVED OR COMPETED FOR, ANY PURSE, MONEY, PRIZE, PECUNIARY GAIN, OR OTHER THING EXCEEDING SEVENTY-FIVE DOLLARS IN VALUE. S 1001. COMBATIVE SPORTS AUTHORIZED. COMBATIVE SPORTS CONDUCTED UNDER THE SUPERVISION OF THE COMMISSION, UNDER THE SUPERVISION OF AN AUTHOR- IZED SANCTIONING ENTITY, OR AS PROVIDED FOR IN SECTION ONE THOUSAND TWENTY-ONE OF THIS ARTICLE, ARE HEREBY AUTHORIZED. AUTHORIZED COMBATIVE SPORTS INCLUDE, AMATEUR AND PROFESSIONAL BOXING, WRESTLING, SPARRING, KICK BOXING, SINGLE DISCIPLINE MARTIAL ARTS AND MIXED MARTIAL ARTS, PURSUANT TO THE PROVISIONS OF THIS ARTICLE. S. 6408--A 63 A. 9008--A S 1002. COMBATIVE SPORTS PROHIBITED. 1. THE CONDUCT OF COMBATIVE SPORTS OUTSIDE THE SUPERVISION OF THE COMMISSION OR AN AUTHORIZED SANC- TIONING ENTITY IS PROHIBITED. 2. A PERSON ADVANCES A PROHIBITED COMBATIVE SPORT WHEN, ACTING OTHER THAN AS A SPECTATOR, HE OR SHE ENGAGES IN CONDUCT WHICH MATERIALLY AIDS ANY UNAUTHORIZED COMBATIVE SPORT. SUCH CONDUCT INCLUDES BUT IS NOT LIMITED TO CONDUCT DIRECTED TOWARD THE CREATION, ESTABLISHMENT OR PERFORMANCE OF A PROHIBITED COMBATIVE SPORT, TOWARD THE ACQUISITION OR MAINTENANCE OF PREMISES, PARAPHERNALIA, EQUIPMENT OR APPARATUS THEREFOR, TOWARD THE SOLICITATION OR INDUCEMENT OF PERSONS TO ATTEND OR PARTIC- IPATE THEREIN, TOWARD THE ACTUAL CONDUCT OF THE PERFORMANCE THEREOF, TOWARD THE ARRANGEMENT OF ANY OF ITS FINANCIAL OR PROMOTIONAL PHASES, OR TOWARD ANY OTHER PHASE OF A PROHIBITED COMBATIVE SPORT. ONE ADVANCES A PROHIBITED COMBATIVE SPORT WHEN, HAVING SUBSTANTIAL PROPRIETARY OR OTHER AUTHORITATIVE CONTROL OVER PREMISES BEING USED WITH HIS OR HER KNOWLEDGE FOR PURPOSES OF A PROHIBITED COMBATIVE SPORT, HE OR SHE PERMITS SUCH TO OCCUR OR CONTINUE OR MAKES NO EFFORT TO PREVENT ITS OCCURRENCE OR CONTINUATION. 3. A PERSON PROFITS FROM A PROHIBITED COMBATIVE SPORT WHEN HE OR SHE ACCEPTS OR RECEIVES MONEY OR OTHER PROPERTY WITH INTENT TO PARTICIPATE IN THE PROCEEDS OF A PROHIBITED COMBATIVE SPORT, OR PURSUANT TO AN AGREEMENT OR UNDERSTANDING WITH ANY PERSON WHEREBY HE OR SHE PARTIC- IPATES OR IS TO PARTICIPATE IN THE PROCEEDS OF A PROHIBITED COMBATIVE SPORT. S 1003. STATE ATHLETIC COMMISSION. 1. THE STATE ATHLETIC COMMISSION, AS NAMED BY CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED TWENTY, AS AMENDED BY CHAPTER SIX HUNDRED THREE OF THE LAWS OF NINETEEN HUNDRED EIGHTY-ONE, IS CONTINUED AS A DIVISION OF THE DEPARTMENT OF STATE. THE COMMISSION SHALL ACT IN THE BEST INTERESTS OF COMBATIVE SPORTS. THE COMMISSION IS ENACTED TO PROTECT THE HEALTH, SAFETY AND GENERAL WELFARE OF ALL PARTICIPANTS IN COMBATIVE SPORTS AND SPECTATORS THEREOF, TO PRESERVE THE INTEGRITY OF COMBATIVE SPORTS THROUGH THE MEANS OF LICENSING, OVERSIGHT, ENFORCEMENT AND THE AUTHORIZATION OF SANCTION- ING ENTITIES, AND TO FACILITATE THE DEVELOPMENT AND RESPONSIBLE CONDUCT OF COMBATIVE SPORTS THROUGHOUT THE ENTIRE STATE. THE COMMISSION SHALL CONSIST OF FIVE MEMBERS WHO SHALL BE APPOINTED BY THE GOVERNOR BY AND WITH THE ADVICE AND CONSENT OF THE SENATE. THE GOVERNOR SHALL DESIGNATE ONE OF THE MEMBERS AS CHAIRPERSON OF THE COMMISSION. THE MEMBERS OF THE COMMISSION SHALL BE APPOINTED FOR TERMS OF THREE YEARS. ANY VACANCY IN THE MEMBERSHIP OF THE COMMISSION CAUSED OTHERWISE THAN BY EXPIRATION OF TERM SHALL BE FILLED ONLY FOR THE BALANCE OF THE TERM OF THE MEMBER IN WHOSE POSITION THE VACANCY OCCURS. 2. THE COMMISSIONERS SHALL BE PAID THEIR ACTUAL AND NECESSARY TRAVEL- ING AND OTHER EXPENSES INCURRED BY THEM IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES. THE MEMBERS OF THE COMMISSION SHALL ADOPT A SEAL FOR THE COMMISSION, AND MAKE SUCH RULES FOR THE ADMINISTRATION OF THEIR OFFICE, NOT INCONSISTENT HEREWITH, AS THEY MAY DEEM EXPEDIENT; AND THEY MAY AMEND OR ABROGATE SUCH RULES. THREE OF THE MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM TO DO BUSINESS; AND THE CONCURRENCE OF A MAJORITY OF THE COMMISSIONERS PRESENT SHALL BE NECESSARY TO RENDER A DETERMINATION BY THE COMMISSION. THE COMMISSION IS VESTED WITH THE AUTHORITY TO ADOPT SUCH RULES AND REGULATIONS AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS ARTICLE. S 1004. JURISDICTION OF THE COMMISSION. THE COMMISSION SHALL HAVE AND IS HEREBY VESTED WITH THE SOLE DIRECTION, MANAGEMENT, CONTROL AND JURIS- DICTION OVER: 1. ALL AUTHORIZED COMBATIVE SPORTS; S. 6408--A 64 A. 9008--A 2. ALL LICENSES OR PERMITS GRANTED BY THE COMMISSION TO ANY AND ALL PERSONS OR ENTITIES WHO PARTICIPATE IN AUTHORIZED COMBATIVE SPORTS; 3. ALL DETERMINATIONS REGARDING THE AUTHORIZATION OF AMATEUR AND PROFESSIONAL SANCTIONING ENTITIES; 4. ALL GYMS, CLUBS, TRAINING CAMPS AND OTHER ORGANIZATIONS THAT MAIN- TAIN TRAINING FACILITIES TO PREPARE PERSONS FOR PARTICIPATION IN AUTHOR- IZED PROFESSIONAL COMBATIVE SPORTS; 5. THE PROMOTION OF PROFESSIONAL WRESTLING EXHIBITIONS TO THE EXTENT PROVIDED FOR IN THIS ARTICLE; AND 6. ALL CONTRACTS DIRECTLY RELATED TO THE CONDUCT OF AUTHORIZED PROFES- SIONAL COMBATIVE SPORTS IN THE STATE OF NEW YORK. 7. ALL DISCLOSURES TO THE COMMISSION SHALL BE DEEMED CONFIDENTIAL. S 1005. OFFICERS AND EMPLOYEES OF THE COMMISSION. THE SECRETARY OF STATE MAY APPOINT, AND AT HIS OR HER PLEASURE REMOVE, AN EXECUTIVE DIRECTOR, DEPUTIES, OFFICERS, INSPECTORS, PHYSICIANS AND ANY SUCH OTHER EMPLOYEES AS MAY BE NECESSARY TO ADMINISTER THE PROVISIONS OF THIS ARTI- CLE AND FIX THEIR SALARIES WITHIN THE AMOUNT APPROPRIATED THEREFOR. S 1006. SANCTIONING ENTITIES. 1. THE COMMISSION SHALL PROMULGATE REGU- LATIONS ESTABLISHING A PROCESS BY WHICH ENTITIES MAY BE RECOGNIZED AND APPROVED BY THE COMMISSION AS AUTHORIZED SANCTIONING ENTITIES FOR A PERIOD OF TIME TO BE ESTABLISHED BY THE COMMISSION, DURING WHICH THE ENTITY WILL BE ALLOWED TO OVERSEE AND CONDUCT COMBATIVE SPORTS WITHIN THE STATE OF NEW YORK. THE COMMISSION MAY, IN ITS REASONABLE DISCRETION, LIMIT THE SCOPE OF ANY RECOGNITION AND APPROVAL OF A SANCTIONING ENTITY TO THE OVERSIGHT AND CONDUCT OF ONE OR MORE SPECIFIC COMBAT DISCIPLINES, AMATEUR OR PROFESSIONAL COMBATIVE SPORTS, OR TO ANY COMBINATION OF THE FOREGOING BASED ON THE QUALIFICATIONS, INTEGRITY AND HISTORY OF THE ENTITY SEEKING AUTHORIZATION AS A SANCTIONING ENTITY. 2. THE COMMISSION SHALL EVALUATE FACTORS INCLUDING BUT NOT LIMITED TO: (A) THE ENTITY'S STATED MISSION AND PRIMARY PURPOSE; (B) WHETHER THE ENTITY REQUIRES PARTICIPANTS IN COMBATIVE SPORTS TO USE HAND, FOOT AND GROIN PROTECTION; (C) WHETHER THE ENTITY HAS AN ESTABLISHED SET OF RULES THAT REQUIRES THE IMMEDIATE TERMINATION OF ANY COMBATIVE SPORT WHEN ANY PARTICIPANT HAS ENDURED SEVERE PUNISHMENT OR IS IN DANGER OF SUFFERING SERIOUS PHYS- ICAL INJURY; AND (D) WHETHER THE ENTITY HAS ESTABLISHED PROTOCOLS TO EFFECTUATE THE APPROPRIATE AND TIMELY MEDICAL TREATMENT OF INJURED PERSONS. S 1007. LICENSES; GENERAL PROVISIONS. 1. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX, ONE THOUSAND ELEVEN, AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE, WITH RESPECT TO ALL AUTHORIZED PROFESSIONAL COMBATIVE SPORTS IN THIS STATE, ALL CORPORATIONS, ENTITIES, PERSONS, REFEREES, JUDGES, MATCH-MAKERS, TIMEKEEPERS, PROFESSIONALS, AND THEIR MANAGERS, TRAINERS, AND SECONDS SHALL BE LICENSED BY THE COMMISSION. NO SUCH CORPORATION, ENTITY OR PERSON SHALL BE PERMITTED TO PARTICIPATE, EITHER DIRECTLY OR INDIRECTLY, IN ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT, OR THE HOLDING THEREOF, OR THE OPERATION OF ANY TRAINING FACILITY PROVIDING CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN PART FOR THE USE OF PROFESSIONAL BOXERS OR PROFESSIONAL MIXED MARTIAL ARTS PARTICIPANTS, UNLESS SUCH CORPORATION OR PERSONS SHALL HAVE FIRST PROCURED A LICENSE FROM THE COMMISSION. THE COMMISSION SHALL ESTABLISH BY RULE AND REGULATION LICENSING STANDARDS FOR ALL LICENSEES. 2. EVERY APPLICATION FOR A LICENSE SHALL BE IN A FORM PRESCRIBED BY THE COMMISSION, SHALL BE ADDRESSED TO THE COMMISSION, SHALL BE SUBSCRIBED BY THE APPLICANT, AND AFFIRMED BY HIM OR HER AS TRUE UNDER THE PENALTIES OF PERJURY, AND SHALL SET FORTH SUCH FACTS AS THE S. 6408--A 65 A. 9008--A PROVISIONS HEREOF AND THE RULES AND REGULATIONS OF THE COMMISSION MAY REQUIRE. 3. (A) THE COMMISSION SHALL ESTABLISH REASONABLE FEES, TERMS AND RENEWAL TERMS FOR LICENSES, PERMITS AND OTHER AUTHORIZATIONS ISSUED PURSUANT TO THIS ARTICLE, PROVIDED, HOWEVER, THAT ALL TERMS, RENEWAL TERMS AND FEES IN EFFECT PURSUANT TO CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED TWENTY, AND ANY SUBSEQUENT AMENDMENTS THERETO, IMMEDIATELY PRIOR TO THE ENACTMENT OF THIS ARTICLE, SHALL REMAIN FIXED AT THEIR PRIOR STATUTORY LEVELS FOR A PERIOD OF TWO YEARS FROM ENACTMENT OF THIS ARTICLE. THE COMMISSION SHALL PUBLISH ALL FEES, INCLUDING THE AFOREMENTIONED, IN A SINGLE LOCATION ON ITS WEBSITE. ALL FEES SET BY THE COMMISSION PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET. (B) WITH RESPECT TO THE FEES ESTABLISHED BY THE COMMISSION PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, WHEN SUCH FEES ARE PAYABLE IN RELATION TO AUTHORIZED COMBATIVE SPORTS CONSTITUTING MIXED MARTIAL ARTS, THE FOLLOWING SHALL APPLY: (I) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS NOT MORE THAN TWO THOUSAND FIVE HUNDRED, THE PROMOTER SHALL PAY NOT MORE THAN FIVE HUNDRED DOLLARS; (II) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS GREATER THAN TWO THOUSAND FIVE HUNDRED, BUT NOT MORE THAN FIVE THOUSAND, THE PROMOTER SHALL PAY NOT MORE THAN ONE THOUSAND DOLLARS; (III) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS GREATER THAN FIVE THOUSAND, BUT NOT MORE THAN FIFTEEN THOUSAND, THE PROMOTER SHALL PAY NOT MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS; (IV) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS GREATER THAN FIFTEEN THOUSAND, BUT NOT MORE THAN TWENTY-FIVE THOUSAND, THE PROMOTER SHALL PAY NOT MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS; (V) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS GREATER THAN TWENTY-FIVE THOUSAND, THE PROMOTER SHALL PAY NOT MORE THAN THREE THOUSAND DOLLARS; (VI) FOR REFEREES AND JUDGES, NOT MORE THAN ONE HUNDRED DOLLARS; (VII) FOR PROFESSIONAL PARTICIPANTS, MANAGERS AND TRAINERS NOT MORE THAN FIFTY DOLLARS; AND (VIII) FOR CHIEF SECONDS, NOT MORE THAN FORTY DOLLARS. 4. ANY LICENSE, TEMPORARY WORK PERMIT OR OTHER AUTHORIZATION ISSUED UNDER THE PROVISIONS OF THIS ARTICLE MAY BE REVOKED OR SUSPENDED BY THE COMMISSION WHEN THE LICENSEE, PERMITTEE OR AUTHORIZED ENTITY HAS, IN THE JUDGMENT OF THE COMMISSION, VIOLATED ANY PROVISION OF THIS ARTICLE, RULE OR ORDER OF THE COMMISSION, DEMONSTRATED CONDUCT DETRIMENTAL TO THE INTERESTS OF AUTHORIZED COMBATIVE SPORTS GENERALLY OR TO THE PUBLIC INTEREST, OR WHEN THE COMMISSION DEEMS IT TO BE IN THE BEST INTERESTS OF THE HEALTH AND SAFETY OF THE LICENSEE. (A) ANY LICENSEE WHO SUFFERED A KNOCKOUT OR TECHNICAL KNOCKOUT IN A COMBATIVE SPORT MAY, UPON THE RECOMMENDATION OF THE ATTENDING COMMISSION PHYSICIAN, BE SUSPENDED BY THE COMMISSION, FOR A PERIOD DETERMINED BY THE COMMISSION, AND SHALL FORFEIT HIS OR HER LICENSE TO THE COMMISSION DURING SUCH PERIOD. SUCH LICENSE SHALL NOT BE RETURNED TO THE LICENSEE UNTIL HE OR SHE HAS MET ALL REQUIREMENTS, MEDICAL AND OTHERWISE, FOR REINSTATEMENT OF SUCH LICENSE. ALL SUCH SUSPENSIONS SHALL BE RECORDED IN HIS OR HER LICENSE BY A COMMISSION OFFICIAL. (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IF ANY OTHER STATE SHALL REVOKE A LICENSEE'S LICENSE TO COMPETE IN COMBATIVE SPORTS IN THAT STATE, THEN THE COMMISSION MAY ACT TO REVOKE ANY LICENSE ISSUED TO SUCH LICENSEE PURSUANT TO THE PROVISIONS OF THIS ARTICLE. S. 6408--A 66 A. 9008--A S 1008. LICENSES; JUDGES. 1. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE, ONLY A PERSON LICENSED BY THE COMMISSION, AS A COMBATIVE SPORTS JUDGE, MAY JUDGE AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT WITHIN THE STATE. JUDG- ES FOR ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT UNDER THE JURISDIC- TION OF THE COMMISSION SHALL BE SELECTED BY THE COMMISSION FROM A LIST OF QUALIFIED LICENSED JUDGES MAINTAINED BY THE COMMISSION. 2. ANY PARTICIPANT IN A PROFESSIONAL COMBATIVE SPORT OR HIS OR HER MANAGER MAY PROTEST THE ASSIGNMENT OF A JUDGE TO A CONTEST AND THE PARTICIPANT OR MANAGER MAY BE HEARD BY THE COMMISSION OR ITS DESIGNEE IF SUCH PROTEST IS TIMELY. IF THE PROTEST IS UNTIMELY IT SHALL BE SUMMARILY REJECTED. 3. EACH PERSON SEEKING TO BE LICENSED AS A JUDGE BY THE COMMISSION SHALL BE REQUIRED TO SUBMIT TO OR PROVIDE PROOF OF AN EYE EXAMINATION AND ANNUALLY THEREAFTER ON THE ANNIVERSARY OF THE ISSUANCE OF THE LICENSE. THE COMMISSION SHALL ESTABLISH CONTINUING EDUCATION PROGRAMS AND REQUIREMENTS TO BE COMPLETED BY LICENSED JUDGES. EACH JUDGE MUST BE CERTIFIED AS HAVING COMPLETED A TRAINING PROGRAM AS APPROVED BY THE COMMISSION AND SHALL PASS AN EXAMINATION APPROVED BY THE COMMISSION. 4. EACH PERSON SEEKING A LICENSE TO JUDGE AUTHORIZED PROFESSIONAL COMBATIVE SPORTS IN THE STATE SHALL BE REQUIRED TO FILL OUT A FINANCIAL QUESTIONNAIRE CERTIFYING UNDER PENALTY OF PERJURY FULL DISCLOSURE OF THE JUDGE'S FINANCIAL SITUATION ON A QUESTIONNAIRE TO BE PROMULGATED BY THE COMMISSION. SUCH QUESTIONNAIRE SHALL BE IN A FORM AND MANNER APPROVED BY THE COMMISSION AND SHALL PROVIDE INFORMATION AS TO AREAS OF ACTUAL OR POTENTIAL CONFLICT OF INTEREST AS WELL AS APPEARANCES OF SUCH CONFLICTS, INCLUDING FINANCIAL RESPONSIBILITY. WITHIN FORTY-EIGHT HOURS OF ANY MATCH, EACH JUDGE OF A PROFESSIONAL COMBATIVE SPORT SHALL FILE WITH THE COMMISSION A FINANCIAL DISCLOSURE STATEMENT IN SUCH FORM AND MANNER AS SHALL BE ACCEPTABLE TO THE COMMISSION. S 1009. LICENSES; ENTITIES. 1. (A) EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE, ONLY ENTITIES LICENSED BY THE COMMISSION MAY CONDUCT AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT WITHIN THE STATE. THE COMMISSION MAY, IN ITS DISCRETION, ISSUE A LICENSE TO CONDUCT OR HOLD AUTHORIZED PROFES- SIONAL COMBATIVE SPORTS, SUBJECT TO THE PROVISIONS HEREOF, TO ANY PERSON OR CORPORATION DULY INCORPORATED, OR LIMITED LIABILITY COMPANY AUTHOR- IZED, UNDER THE LAWS OF THE STATE OF NEW YORK. (B) A PROSPECTIVE LICENSEE MUST SUBMIT TO THE COMMISSION PROOF THAT IT CAN FURNISH SUITABLE PREMISES, AS DETERMINED BY THE COMMISSION, IN WHICH SUCH COMBATIVE SPORT IS TO BE HELD. (C) UPON WRITTEN APPLICATION THE COMMISSION MAY GRANT TO ANY ENTITY HOLDING A LICENSE ISSUED HEREUNDER, THE PRIVILEGE OF HOLDING SUCH A MATCH OR EXHIBITION ON A SPECIFIED DATE IN OTHER PREMISES, OR IN ANOTHER LOCATION, THAN THE PREMISES OR LOCATION PREVIOUSLY APPROVED BY THE COMMISSION, SUBJECT HOWEVER TO APPROVAL OF THE COMMISSION AND THE RULES AND REGULATIONS OF THE COMMISSION. 2. (A) THE COMMISSION MAY, IN ITS DISCRETION AND IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE COMMISSION TO PROTECT THE HEALTH AND SAFETY OF PROFESSIONALS IN TRAINING, ISSUE A LICENSE TO OPERATE A TRAINING FACILITY PROVIDING CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN PART FOR THE USE OF PROFESSIONAL COMBATIVE SPORTS PARTICIPANTS. AT A MINIMUM, ANY SUCH REGULATION SHALL REQUIRE: (I) FIRST AID MATERIALS TO BE STORED IN AN ACCESSIBLE LOCATION ON THE PREMISES AND FOR THE PRESENCE ON THE PREMISES OF A PERSON TRAINED AND CERTIFIED IN THE USE OF SUCH MATERIALS AND PROCEDURES FOR CARDIO-PULMO- S. 6408--A 67 A. 9008--A NARY RESUSCITATION AT ALL TIMES DURING WHICH THE FACILITY IS OPEN FOR TRAINING PURPOSES; (II) CLEAN AND SANITARY BATHROOMS, SHOWER ROOMS, AND LOCKER ROOMS; (III) ADEQUATE VENTILATION AND LIGHTING OF ACCESSIBLE AREAS OF THE TRAINING FACILITY; (IV) ESTABLISHMENT OF A POLICY CONCERNING THE RESTRICTION OF SMOKING IN TRAINING AREAS, INCLUDING PROVISIONS FOR ITS ENFORCEMENT BY THE FACILITY OPERATOR; (V) COMPLIANCE WITH STATE AND LOCAL FIRE ORDINANCES; (VI) INSPECTION AND APPROVAL OF SURFACES ON WHICH TRAINING FOR COMBA- TIVE SPORTS WILL BE HELD; AND (VII) ESTABLISHMENT OF A POLICY FOR POSTING ALL COMMISSION LICENSE SUSPENSIONS AND LICENSE REVOCATIONS RECEIVED FROM THE COMMISSION INCLUD- ING PROVISIONS FOR ENFORCEMENT OF SUCH SUSPENSIONS AND REVOCATIONS BY THE FACILITY OPERATOR. (B) A PROSPECTIVE ENTITY LICENSEE SHALL SUBMIT TO THE COMMISSION PROOF THAT IT CAN FURNISH SUITABLE FACILITIES IN WHICH THE TRAINING IS TO BE CONDUCTED, INCLUDING THE MAKING OF SUCH TRAINING FACILITIES AVAILABLE FOR INSPECTION BY THE COMMISSION AT ANY TIME DURING WHICH TRAINING IS IN PROGRESS. S 1010. LICENSES; PROFESSIONALS. 1. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX, ONE THOUSAND ELEVEN AND ONE THOUSAND SEVEN- TEEN OF THIS ARTICLE, ONLY PERSONS LICENSED BY THE COMMISSION SHALL COMPETE IN AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. 2. ANY PROFESSIONAL APPLYING FOR A LICENSE OR RENEWAL OF A LICENSE TO PARTICIPATE IN COMBATIVE SPORTS UNDER THIS ARTICLE SHALL UNDERGO A COMPREHENSIVE PHYSICAL EXAMINATION INCLUDING CLINICAL NEUROLOGICAL EXAM- INATIONS BY A PHYSICIAN APPROVED BY THE COMMISSION. IF, AT THE TIME OF SUCH EXAMINATION, THERE IS ANY INDICATION OF BRAIN INJURY, OR FOR ANY OTHER REASON THE PHYSICIAN DEEMS IT APPROPRIATE, THE PROFESSIONAL SHALL BE REQUIRED TO UNDERGO FURTHER NEUROLOGICAL EXAMINATIONS BY A NEUROLO- GIST INCLUDING MAGNETIC RESONANCE IMAGING OR OTHER MEDICALLY EQUIVALENT PROCEDURES. THE COMMISSION SHALL NOT ISSUE A LICENSE TO A PROFESSIONAL UNTIL SUCH EXAMINATIONS ARE COMPLETED AND REVIEWED BY THE COMMISSION. THE RESULTS OF ALL SUCH EXAMINATIONS HEREIN REQUIRED SHALL BECOME A PART OF THE PROFESSIONAL'S PERMANENT MEDICAL RECORD AS MAINTAINED BY THE COMMISSION. THE COSTS OF ALL SUCH EXAMINATIONS SHALL BE ASSUMED BY THE APPLICANT OR PROMOTER WITH WHICH THE PROFESSIONAL BOXER OR MIXED MARTIAL ARTS PARTICIPANT IS AFFILIATED, REGARDLESS OF PROVIDER. 3. ANY PROFESSIONAL LICENSED UNDER THIS ARTICLE SHALL, AS A CONDITION OF LICENSURE, WAIVE RIGHT OF CONFIDENTIALITY OF MEDICAL RECORDS RELATING TO TREATMENT OF ANY PHYSICAL CONDITION WHICH RELATES TO HIS OR HER ABIL- ITY TO FIGHT. ALL MEDICAL REPORTS SUBMITTED TO, AND ALL MEDICAL RECORDS OF THE MEDICAL ADVISORY BOARD OR THE COMMISSION RELATIVE TO THE PHYSICAL EXAMINATION OR CONDITION OF PROFESSIONALS SHALL BE CONSIDERED CONFIDEN- TIAL, AND SHALL BE OPEN TO EXAMINATION ONLY TO THE COMMISSION OR ITS AUTHORIZED REPRESENTATIVE, TO THE LICENSED PROFESSIONAL OR MANAGER UPON WRITTEN APPLICATION TO EXAMINE SAID RECORDS, OR UPON THE ORDER OF A COURT OF COMPETENT JURISDICTION IN AN APPROPRIATE CASE. S 1011. TEMPORARY WORKING PERMITS. THE COMMISSION MAY ISSUE TEMPORARY WORKING PERMITS TO PROFESSIONALS, THEIR MANAGERS, TRAINERS AND SECONDS. A TEMPORARY WORKING PERMIT SHALL AUTHORIZE THE EMPLOYMENT OF THE HOLDER OF SUCH PERMIT TO ENGAGE IN A SINGLE AUTHORIZED PROFESSIONAL COMBATIVE SPORT AT A SPECIFIED TIME AND PLACE. THE COMMISSION MAY REQUIRE THAT PROFESSIONALS APPLYING FOR TEMPORARY WORKING PERMITS UNDERGO A PHYSICAL EXAMINATION AND NEUROLOGICAL TEST OR PROCEDURE, INCLUDING MAGNETIC RESO- S. 6408--A 68 A. 9008--A NANCE IMAGING OR MEDICALLY EQUIVALENT PROCEDURE. TEMPORARY WORKING PERMITS SHALL EXPIRE UPON THE COMPLETION OF THE SINGLE AUTHORIZED PROFESSIONAL COMBATIVE SPORT AND ANY SUBSEQUENT EVALUATIONS OR INSPECTIONS REQUIRED BY THE COMMISSION. THE FEE FOR SUCH TEMPORARY WORKING PERMIT SHALL BE ESTABLISHED BY THE COMMISSION PURSUANT TO RULE. S 1012. TEMPORARY TRAINING FACILITIES. THE COMMISSION IN ITS JUDGMENT MAY EXEMPT FROM LICENSING UNDER THIS ARTICLE ANY TRAINING FACILITY PROVIDING CONTACT SPARRING ESTABLISHED AND MAINTAINED ON A TEMPORARY BASIS FOR THE PURPOSE OF PREPARING PROFESSIONALS FOR A SPECIFIC AUTHOR- IZED COMBATIVE SPORT TO BE CONDUCTED, HELD OR GIVEN WITHIN THE STATE OF NEW YORK. S 1013. MEDICAL ADVISORY BOARD. 1. THE MEDICAL ADVISORY BOARD CREATED PURSUANT TO CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED TWENTY, AND SUBSEQUENT AMENDMENTS THERETO IS HEREBY CONTINUED WITHOUT INTERRUPTION. IT SHALL REMAIN A DIVISION OF THE STATE ATHLETIC COMMIS- SION, AND SHALL CONSIST OF NINE MEMBERS TO BE APPOINTED BY THE GOVERNOR. THE GOVERNOR SHALL DESIGNATE ONE OF SUCH MEMBERS AS CHAIRPERSON OF THE ADVISORY BOARD. THE TERM OF A MEMBER THEREAFTER APPOINTED, EXCEPT TO FILL A VACANCY, SHALL BE THREE YEARS FROM THE EXPIRATION OF THE TERM OF HIS PREDECESSOR. UPON THE APPOINTMENT OF A SUCCESSOR TO THE CHAIRPERSON OF THE ADVISORY BOARD, THE GOVERNOR SHALL DESIGNATE SUCH SUCCESSOR OR OTHER MEMBER OF THE ADVISORY BOARD AS CHAIRPERSON. A VACANCY OCCURRING OTHERWISE THAN BY EXPIRATION OF TERM, SHALL BE FILLED BY APPOINTMENT BY THE GOVERNOR FOR THE REMAINDER ONLY OF THE TERM. EACH MEMBER OF THE ADVISORY BOARD SHALL BE DULY LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW YORK, AND AT THE TIME OF HIS OR HER APPOINTMENT HAVE HAD AT LEAST FIVE YEARS' EXPERIENCE IN THE PRACTICE OF HIS OR HER PROFESSION. THE MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE SUCH COMPENSATION AS MAY BE FIXED BY THE COMMISSION WITHIN THE AMOUNT PROVIDED BY APPROPRIATION, AND SHALL BE ALLOWED AND PAID NECESSARY TRAVELING AND OTHER EXPENSES INCURRED BY THEM, RESPECTIVELY, IN THE PERFORMANCE OF THEIR DUTIES HERE- UNDER. 2. THE ADVISORY BOARD SHALL HAVE POWER AND IT SHALL BE THE DUTY OF THE BOARD TO PREPARE AND SUBMIT TO THE COMMISSION FOR APPROVAL REGULATIONS AND STANDARDS FOR THE PHYSICAL EXAMINATION OF PROFESSIONALS INCLUDING, WITHOUT LIMITATION, PRE-FIGHT AND POST-FIGHT EXAMINATIONS AND PERIODIC COMPREHENSIVE EXAMINATIONS. THE BOARD SHALL CONTINUE TO SERVE IN AN ADVISORY CAPACITY TO THE COMMISSION AND FROM TIME TO TIME PREPARE AND SUBMIT TO THE COMMISSION FOR APPROVAL, SUCH ADDITIONAL REGULATIONS AND STANDARDS OF EXAMINATION AS IN THEIR JUDGMENT WILL SAFEGUARD THE PHYS- ICAL WELFARE OF PROFESSIONALS LICENSED BY THE COMMISSION. THE ADVISORY BOARD SHALL RECOMMEND TO THE COMMISSION FROM TIME TO TIME SUCH QUALIFIED PHYSICIANS, WHO MAY BE DESIGNATED AND EMPLOYED BY THE COMMISSION FOR THE PURPOSE OF CONDUCTING PHYSICAL EXAMINATIONS OF PROFESSIONALS AND OTHER SERVICES AS THE RULES OF THE COMMISSION SHALL PROVIDE. SUCH PHYSICIANS, IF SO EMPLOYED, SHALL RECEIVE COMPENSATION AS FIXED BY THE COMMISSION WITHIN AMOUNTS APPROPRIATED THEREFOR. THE PROVISIONS OF SECTION SEVEN- TEEN OF THE PUBLIC OFFICERS LAW SHALL APPLY TO ANY PHYSICIAN WHO: (A) IS DESIGNATED AND EMPLOYED BY THE COMMISSION; AND (B) IS RENDERING PROFESSIONAL SERVICES ON BEHALF OF THE COMMISSION TO PROFESSIONALS. 3. THE ADVISORY BOARD SHALL DEVELOP OR RECOMMEND APPROPRIATE MEDICAL EDUCATION PROGRAMS FOR ALL COMMISSION PERSONNEL INVOLVED IN THE CONDUCT OF AUTHORIZED COMBATIVE SPORTS SO THAT SUCH PERSONNEL CAN RECOGNIZE AND ACT UPON EVIDENCE OF POTENTIAL OR ACTUAL ADVERSE MEDICAL INDICATIONS IN A PARTICIPANT PRIOR TO, DURING OR AFTER THE COURSE OF A MATCH. S. 6408--A 69 A. 9008--A 4. THE ADVISORY BOARD SHALL REVIEW THE CREDENTIALS AND PERFORMANCE OF EACH COMMISSION PHYSICIAN ON AN ANNUAL BASIS. 5. THE ADVISORY BOARD SHALL ADVISE THE COMMISSION ON ANY STUDY OF EQUIPMENT, PROCEDURES OR PERSONNEL WHICH WILL, IN THEIR OPINION, PROMOTE THE SAFETY OF PROFESSIONALS. S 1014. REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. THE COMMISSION SHALL PROMULGATE REGULATIONS GOVERNING THE CONDUCT OF AUTHOR- IZED PROFESSIONAL COMBATIVE SPORTS THAT: 1. ESTABLISH PARAMETERS AND LIMITATIONS ON WEIGHTS AND CLASSES OF PROFESSIONALS; 2. ESTABLISH PARAMETERS AND LIMITATIONS ON THE NUMBER AND DURATION OF ROUNDS; 3. ESTABLISH THE REQUIREMENTS FOR THE PRESENCE OF MEDICAL EQUIPMENT, MEDICAL PERSONNEL, AN AMBULANCE, OTHER EMERGENCY APPARATUS AND AN EMER- GENCY MEDICAL PLAN; 4. ESTABLISH RESPONSIBILITIES OF ALL LICENSEES BEFORE, DURING AND AFTER AN EVENT; 5. DEFINE UNSPORTSMANLIKE PRACTICES; 6. ESTABLISH CONDITIONS FOR THE FORFEITURE OF ANY PRIZE, REMUNERATION OR PURSE, OR ANY PART THEREOF BASED ON THE CONDUCT OF PROFESSIONALS, THEIR MANAGERS AND SECONDS; 7. ESTABLISH PARAMETERS AND STANDARDS FOR REQUIRED AND ALLOWED EQUIP- MENT ITEMS UTILIZED BY PROFESSIONALS; 8. ESTABLISH PARAMETERS AND STANDARDS FOR RINGS, COMBAT SURFACES AND APPURTENANCES THERETO; AND 9. ESTABLISH SUCH OTHER RULES AND CONDITIONS AS ARE NECESSARY TO EFFECTUATE THE COMMISSION'S PURPOSE. S 1015. CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. 1. ALL BUILDINGS OR STRUCTURES USED OR INTENDED TO BE USED FOR CONDUCTING AUTHORIZED PROFESSIONAL COMBATIVE SPORTS SHALL BE PROPERLY VENTILATED AND PROVIDED WITH FIRE EXITS AND FIRE ESCAPES, AND IN ALL MANNER CONFORM TO THE LAWS, ORDINANCES AND REGULATIONS PERTAINING TO BUILDINGS IN THE CITY, TOWN OR VILLAGE WHERE SITUATED. 2. NO PERSON UNDER THE AGE OF EIGHTEEN YEARS SHALL PARTICIPATE IN ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORTS, AND NO PERSON UNDER SIXTEEN YEARS OF AGE SHALL BE PERMITTED TO ATTEND THEREAT AS A SPECTATOR, PROVIDED, HOWEVER, THAT A PERSON UNDER THE AGE OF SIXTEEN MAY BE PERMIT- TED TO ATTEND AS A SPECTATOR IF ACCOMPANIED BY A PARENT OR GUARDIAN. 3. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE, AT EACH AUTHORIZED PROFESSIONAL COMBATIVE SPORT, EXCEPT WHERE CONDUCTED SOLELY FOR TRAINING PURPOSES, THERE SHALL BE IN ATTENDANCE A DULY LICENSED REFEREE WHO SHALL DIRECT AND CONTROL THE SAME. THERE SHALL ALSO BE IN ATTENDANCE, EXCEPT WHERE CONDUCTED SOLELY FOR TRAINING PURPOSES, THREE DULY LICENSED JUDGES WHO SHALL AT THE TERMINATION OF EACH SUCH AUTHORIZED PROFESSIONAL COMBATIVE SPORT RENDER THEIR DECISION. THE WINNER SHALL BE DETERMINED IN ACCORD- ANCE WITH A SCORING SYSTEM PRESCRIBED BY THE COMMISSION. 4. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE, THE COMMISSION SHALL DIRECT AN EMPLOYEE OF THE COMMISSION TO BE PRESENT AT EACH PLACE WHERE AUTHORIZED PROFESSIONAL COMBATIVE SPORTS ARE TO BE CONDUCTED. SUCH EMPLOYEE OF THE COMMISSION SHALL ASCERTAIN THE EXACT CONDITIONS SURROUNDING SUCH AUTHOR- IZED PROFESSIONAL COMBATIVE SPORT AND MAKE A WRITTEN REPORT OF THE SAME IN THE MANNER AND FORM PRESCRIBED BY THE COMMISSION. WHERE AUTHORIZED PROFESSIONAL COMBATIVE SPORTS ARE APPROVED TO BE HELD IN A STATE OR CITY S. 6408--A 70 A. 9008--A OWNED ARMORY, THE PROVISION OF THE MILITARY LAW IN RESPECT THERETO MUST BE COMPLIED WITH. 5. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE, ANY RING OR COMBAT SURFACE MUST BE INSPECTED AND APPROVED BY THE COMMISSION PRIOR TO THE COMMENCEMENT OF ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT. 6. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE, ALL PROFESSIONALS MUST BE EXAMINED BY A PHYSICIAN DESIGNATED BY THE COMMISSION BEFORE ENTERING THE RING OR COMBAT SURFACE AND EACH SUCH PHYSICIAN SHALL IMMEDIATELY FILE WITH THE COMMISSION A WRITTEN REPORT OF SUCH EXAMINATION. THE COST OF ANY SUCH EXAMINATION, AS PRESCRIBED BY A SCHEDULE OF FEES ESTABLISHED BY THE COMMISSION, SHALL BE PAID BY THE CORPORATION CONDUCTING THE AUTHORIZED PROFESSIONAL COMBATIVE SPORT TO THE COMMISSION. IT SHALL BE THE DUTY OF EVERY PERSON OR CORPORATION LICENSED TO CONDUCT AN AUTHORIZED PROFES- SIONAL COMBATIVE SPORT, TO HAVE IN ATTENDANCE AT EVERY AUTHORIZED PROFESSIONAL COMBATIVE SPORT, AT LEAST ONE PHYSICIAN DESIGNATED BY THE COMMISSION AS THE RULES SHALL PROVIDE. THE COMMISSION MAY ESTABLISH A SCHEDULE OF FEES TO BE PAID BY THE LICENSEE TO COVER THE COST OF SUCH ATTENDANCE. 7. THE PHYSICIAN SHALL TERMINATE ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT IF IN THE OPINION OF SUCH PHYSICIAN ANY PROFESSIONAL HAS RECEIVED SEVERE PUNISHMENT OR IS IN DANGER OF SERIOUS PHYSICAL INJURY. IN THE EVENT OF ANY SERIOUS PHYSICAL INJURY, SUCH PHYSICIAN SHALL IMMEDIATELY RENDER ANY EMERGENCY TREATMENT NECESSARY, RECOMMEND FURTHER TREATMENT OR HOSPITALIZATION IF REQUIRED, AND FULLY REPORT THE ENTIRE MATTER TO THE COMMISSION WITHIN TWENTY-FOUR HOURS AND IF NECESSARY, SUBSEQUENTLY THER- EAFTER. SUCH PHYSICIAN MAY ALSO REQUIRE THAT THE INJURED PROFESSIONAL AND HIS OR HER MANAGER REMAIN IN THE RING OR ON THE PREMISES OR REPORT TO A HOSPITAL AFTER THE CONTEST FOR SUCH PERIOD OF TIME AS SUCH PHYSI- CIAN DEEMS ADVISABLE. ANY PROFESSIONAL LICENSED UNDER THIS ARTICLE RENDERED UNCONSCIOUS OR SUFFERING HEAD TRAUMA AS DETERMINED BY THE ATTENDING PHYSICIAN SHALL BE IMMEDIATELY EXAMINED BY THE ATTENDING COMMISSION PHYSICIAN AND SHALL BE REQUIRED TO UNDERGO NEUROLOGICAL EXAM- INATIONS BY A NEUROLOGIST INCLUDING BUT NOT LIMITED TO MAGNETIC RESO- NANCE IMAGING OR MEDICALLY EQUIVALENT PROCEDURE. 8. SUCH PHYSICIAN MAY ENTER THE RING AT ANY TIME DURING AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT AND MAY TERMINATE THE MATCH IF IN HIS OR HER OPINION THE SAME IS NECESSARY TO PREVENT SEVERE PUNISHMENT OR SERI- OUS PHYSICAL INJURY TO A PROFESSIONAL. 9. BEFORE A LICENSE SHALL BE GRANTED TO A PERSON OR CORPORATION TO CONDUCT AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT, THE APPLICANT SHALL EXECUTE AND FILE WITH THE SECRETARY OF STATE A BOND IN AN AMOUNT TO BE DETERMINED BY THE COMMISSION, TO BE APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THEREON BY THE SECRETARY OF STATE, CONDITIONED FOR THE FAITHFUL PERFORMANCE BY SAID CORPORATION OF THE PROVISIONS OF THIS ARTI- CLE AND THE RULES AND REGULATIONS OF THE COMMISSION, AND UPON THE FILING AND APPROVAL OF SAID BOND THE SECRETARY OF STATE SHALL ISSUE TO SAID APPLICANT A CERTIFICATE OF SUCH FILING AND APPROVAL, WHICH SHALL BE, BY SAID APPLICANT, FILED IN THE OFFICE OF THE COMMISSION WITH ITS APPLICA- TION FOR LICENSE, AND NO SUCH LICENSE SHALL BE ISSUED UNTIL SUCH CERTIF- ICATE SHALL BE FILED. IN CASE OF DEFAULT IN SUCH PERFORMANCE, THE COMMISSION MAY IMPOSE UPON THE DELINQUENT A PENALTY IN THE SUM OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH OFFENSE, WHICH MAY BE RECOVERED BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW S. 6408--A 71 A. 9008--A YORK IN THE SAME MANNER AS OTHER PENALTIES ARE RECOVERED BY LAW; ANY AMOUNT SO RECOVERED SHALL BE PAID INTO THE TREASURY. 10. IN ADDITION TO THE BOND REQUIRED BY SUBDIVISION NINE OF THIS SECTION, EACH APPLICANT FOR A LICENSE TO CONDUCT AN AUTHORIZED PROFES- SIONAL COMBATIVE SPORT SHALL EXECUTE AND FILE WITH THE SECRETARY OF STATE A BOND IN AN AMOUNT TO BE DETERMINED BY THE COMMISSION TO BE APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THEREON BY THE SECRETARY OF STATE, CONDITIONED FOR AND GUARANTEEING THE PAYMENT OF PROFESSIONALS' AND PROFESSIONAL WRESTLERS' PURSES, SALARIES OF CLUB EMPLOYEES LICENSED BY THE COMMISSION, AND THE LEGITIMATE EXPENSES OF PRINTING TICKETS AND ALL ADVERTISING MATERIAL. 11. ALL PERSONS, PARTIES OR CORPORATIONS HAVING LICENSES AS PROMOTERS OR WHO ARE LICENSED IN ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF THIS ARTICLE SHALL CONTINUOUSLY PROVIDE ACCIDENT INSURANCE OR SUCH OTHER FORM OF FINANCIAL GUARANTEE DEEMED ACCEPTABLE BY THE COMMISSION, FOR THE PROTECTION OF LICENSED PROFESSIONALS AND PROFESSIONAL WRESTLERS, APPEAR- ING IN AUTHORIZED PROFESSIONAL COMBATIVE SPORTS OR WRESTLING EXHIBI- TIONS. SUCH ACCIDENT INSURANCE OR FINANCIAL GUARANTEE SHALL PROVIDE COVERAGE TO THE LICENSED PROFESSIONAL FOR: MEDICAL, SURGICAL AND HOSPI- TAL CARE, WITH A MINIMUM LIMIT OF FIFTY THOUSAND DOLLARS FOR INJURIES SUSTAINED WHILE PARTICIPATING IN ANY PROGRAM OPERATED UNDER THE CONTROL OF SUCH LICENSED PROMOTER AND FOR A PAYMENT OF FIFTY THOUSAND DOLLARS TO THE ESTATE OF ANY DECEASED ATHLETE WHERE SUCH DEATH IS OCCASIONED BY INJURIES RECEIVED IN THIS STATE DURING THE COURSE OF A PROGRAM IN WHICH SUCH LICENSED PROFESSIONAL OR PROFESSIONAL WRESTLER PARTICIPATED UNDER THE PROMOTION OR CONTROL OF ANY LICENSED PROMOTER; AND, MEDICAL, SURGI- CAL AND HOSPITAL CARE WITH A MINIMUM LIMIT OF ONE MILLION DOLLARS FOR THE TREATMENT OF A LIFE-THREATENING BRAIN INJURY SUSTAINED IN A PROGRAM OPERATED UNDER THE CONTROL OF SUCH LICENSED PROMOTER, WHERE AN IDENTIFI- ABLE, CAUSAL LINK EXISTS BETWEEN THE PROFESSIONAL LICENSEE'S PARTIC- IPATION IN SUCH PROGRAM AND THE LIFE-THREATENING BRAIN INJURY. WHERE APPLICABLE, PROFESSIONAL LICENSEES SHALL BE AFFORDED THE OPTION TO SUPPLEMENT THE PREMIUMS FOR THE ACCIDENT INSURANCE OR FINANCIAL GUARAN- TEE TO INCREASE THE COVERAGE BEYOND THE MINIMUM LIMITS REQUIRED BY THIS SUBDIVISION. THE COMMISSION MAY FROM TIME TO TIME, PROMULGATE REGU- LATIONS TO ADJUST THE AMOUNT OF SUCH MINIMUM LIMITS. THE FAILURE TO PROVIDE SUCH INSURANCE AS IS REQUIRED BY THIS SUBDIVISION SHALL BE CAUSE FOR THE SUSPENSION OR THE REVOCATION OF THE LICENSE OF SUCH DEFAULTING ENTITY. 12. (A) EVERY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB HOLDING ANY PROFESSIONAL OR AMATEUR COMBATIVE SPORT, INCLUDING ANY PROFESSIONAL WRESTLING MATCH OR EXHIBITION, FOR WHICH AN ADMISSION FEE IS CHARGED OR RECEIVED, SHALL NOTIFY THE ATHLETIC COMMISSION AT LEAST TEN DAYS IN ADVANCE OF THE HOLDING OF SUCH CONTEST. ALL TICKETS OF ADMISSION TO ANY SUCH PROFESSIONAL OR AMATEUR COMBATIVE SPORT OR PROFESSIONAL WRESTLING MATCH OR EXHIBITION SHALL BE PROCURED FROM A PRINTER DULY AUTHORIZED BY THE STATE ATHLETIC COMMISSION TO PRINT SUCH TICKETS AND SHALL BEAR CLEARLY UPON THE FACE THEREOF THE PURCHASE PRICE AND LOCATION OF SAME. (B) PURSUANT TO DIRECTION BY THE COMMISSIONER OF TAXATION AND FINANCE, EMPLOYEES OR OFFICERS OF THE COMMISSION SHALL ACT AS AGENTS OF THE COMMISSIONER OF TAXATION AND FINANCE TO COLLECT THE TAX IMPOSED BY ARTI- CLE NINETEEN OF THE TAX LAW. THE ATHLETIC COMMISSION SHALL PROVIDE THE COMMISSIONER OF TAXATION AND FINANCE WITH SUCH INFORMATION AND TECHNICAL ASSISTANCE AS MAY BE NECESSARY FOR THE PROPER ADMINISTRATION OF SUCH TAX. S. 6408--A 72 A. 9008--A S 1016. REQUIRED FILINGS. 1. THE ORGANIZATION THAT PROMOTES, SANCTIONS OR OTHERWISE PARTICIPATES IN THE PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE PROFESSIONALS FOR A CONTEST MUST FILE WITH THE COMMISSION A WRITTEN STATEMENT EXECUTED UNDER PENALTY OF PERJURY STATING (A) ALL CHARGES, EXPENSES, FEES, AND COSTS THAT WILL BE ASSESSED AGAINST ANY PROFESSIONAL PARTICIPATING IN THE EVENT; (B) ALL PAYMENTS, BENEFITS, COMPLIMENTARY BENEFITS AND FEES THE ORGANIZATION OR ENTITY WILL RECEIVE FOR ITS AFFILIATION WITH THE EVENT; (C) THE NAME OF THE PROMOTER; (D) SPONSOR OF THE EVENT; AND (E) ALL OTHER SOURCES, AND SUCH OTHER AND ADDITIONAL INFORMATION AS REQUIRED BY THE COMMISSION. SUCH WRITTEN STATEMENT SHALL BE FILED IN A FORM AND MANNER ACCEPTABLE TO THE COMMIS- SION. 2. THE PROMOTER, ORGANIZER, PRODUCER OR ANOTHER THAT PARTICIPATES IN THE PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE PROFESSIONALS FOR A CONTEST MUST FILE WITH THE COMMISSION A WRITTEN STATEMENT UNDER PENALTY OF PERJURY DETAILING ALL CHARGES, FEES, COSTS AND EXPENSES BY OR THROUGH THE PROMOTER ON THE PROFESSIONAL PERTAINING TO THE EVENT, INCLUDING ANY PORTION OF THE PROFESSIONAL'S PURSE THAT THE PROMOTER WILL RECEIVE AND TRAINING EXPENSES AND ALL PAYMENTS, GIFTS OR BENEFITS THE PROMOTER IS PROVIDING TO ANY SANCTIONING ORGANIZATION AFFILIATED WITH THE EVENT. SUCH WRITTEN STATEMENT SHALL BE FILED IN A FORM AND MANNER ACCEPTABLE TO THE COMMISSION. 3. THE PROMOTER, ORGANIZER, PRODUCER OR ANOTHER THAT PARTICIPATES IN THE PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE PROFESSIONALS FOR A CONTEST MUST FILE WITH THE COMMISSION A COPY OF ANY AGREEMENT IN WRITING TO WHICH THE PROMOTER IS A PARTY WITH ANY PROFESSIONAL PARTIC- IPATING IN THE MATCH. 4. ALL CONTRACTS CALLING FOR THE SERVICES OF A PROFESSIONAL IN AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT AND ENTERED INTO BY LICENSED PROMOTERS, PROFESSIONALS OR MANAGERS AS ONE OR MORE OF THE PARTIES IN SUCH CONTRACTS, INCLUDING THOSE CONTRACTS WHICH RELATE TO THE RIGHTS TO DISTRIBUTE, TELEVISE OR OTHERWISE TRANSMIT ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT OVER THE AIRWAVES OR BY CABLE SHALL BE SUBJECT TO THE APPROVAL OF THE COMMISSION AND COPIES THEREOF SHALL BE FILED WITH THE COMMISSION BY SUCH CORPORATION, PROFESSIONAL OR MANAGER WITHIN FORTY-EIGHT HOURS AFTER THE EXECUTION OF SUCH CONTRACT AND AT LEAST TEN BUSINESS DAYS PRIOR TO ANY BOUTS, OR THE FIRST OF ANY SERIES OF BOUTS, TO WHICH THEY RELATE. THE COMMISSION MAY WAIVE SUCH FILING DEADLINE FOR GOOD CAUSE SHOWN. S 1017. PROFESSIONAL WRESTLING; PROMOTERS. 1. FOR THE PURPOSES OF THIS ARTICLE, "PROFESSIONAL WRESTLING" SHALL MEAN AN ACTIVITY IN WHICH PARTICIPANTS STRUGGLE HAND-IN-HAND PRIMARILY FOR THE PURPOSE OF PROVID- ING ENTERTAINMENT TO SPECTATORS AND WHICH DOES NOT COMPRISE A BONA FIDE ATHLETIC CONTEST OR COMPETITION. 2. EVERY PERSON, PARTNERSHIP OR CORPORATION PROMOTING ONE OR MORE PROFESSIONAL WRESTLING EXHIBITIONS IN THIS STATE SHALL BE REQUIRED TO OBTAIN FROM THE COMMISSION AN ANNUAL LICENSE TO CONDUCT SUCH EXHIBITIONS SUBJECT TO TERMS AND CONDITIONS PROMULGATED BY THE COMMISSION PURSUANT TO RULE AND CONSISTENT WITH THE APPLICABLE PROVISIONS OF THIS ARTICLE. EACH APPLICANT SHALL PAY AN ANNUAL FEE ESTABLISHED BY THE COMMISSION PURSUANT TO RULE. 3. A LICENSED PROMOTER OF A PROFESSIONAL WRESTLING EXHIBITION IN THE STATE SHALL NOTIFY THE ATHLETIC COMMISSION AT LEAST TEN DAYS IN ADVANCE OF THE HOLDING OF THE EXHIBITION. EACH SUCH PROMOTER SHALL EXECUTE AND FILE WITH THE COMPTROLLER A BOND IN AN AMOUNT NOT LESS THAN TWENTY THOU- SAND DOLLARS TO BE APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THER- S. 6408--A 73 A. 9008--A EON BY THE COMPTROLLER, CONDITIONED FOR AND GUARANTEEING THE PAYMENT OF PROFESSIONAL WRESTLER'S PURSES, SALARIES OF CLUB EMPLOYEES LICENSED BY THE COMMISSION, THE LEGITIMATE EXPENSES OF PRINTING TICKETS AND ALL ADVERTISING MATERIAL, PAYMENTS TO SPONSORING ORGANIZATIONS, AND THE APPLICABLE STATE AND LOCAL SALES AND COMPENSATING USE TAX. 4. A LICENSED PROMOTER OF A PROFESSIONAL WRESTLING EXHIBITION SHALL PROVIDE FOR A LICENSED PHYSICIAN TO BE PRESENT AT EACH EXHIBITION, AND SUCH PHYSICIAN SHALL EXAMINE EACH WRESTLER PRIOR TO EACH PERFORMANCE, AND EACH SUCH PRE-PERFORMANCE EXAMINATION SHALL BE CONDUCTED IN ACCORD- ANCE WITH REGULATIONS PRESCRIBED BY THE COMMISSION. 5. EVERY LICENSED PROMOTER OF PROFESSIONAL WRESTLING WHO PROMOTES SIX OR MORE EXHIBITIONS IN THE STATE IN A CALENDAR YEAR MUST HAVE IN PLACE AN ANTI-DRUG PLAN AND FILE WITH THE COMMISSION A WRITTEN COPY OF THE PLAN. EACH SUCH PLAN SHALL ADDRESS THE USE OF A CONTROLLED SUBSTANCE DEFINED IN ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW, AND SUCH PLAN SHALL AT MINIMUM PROVIDE FOR THE FOLLOWING: (A) DISSEMINATION OF EDUCATIONAL MATERIALS TO PROFESSIONAL WRESTLERS WHO PERFORM FOR ANY SUCH PROMOTER INCLUDING A LIST OF PROHIBITED DRUGS AND AVAILABLE REHABILITATION SERVICES; AND (B) A REFERRAL PROCEDURE TO PERMIT ANY SUCH PROFESSIONAL WRESTLER TO OBTAIN REHABILITATION SERVICES. S 1018. PROHIBITED CONDUCT. 1. NO CORPORATION OR PERSON SHALL HAVE, EITHER DIRECTLY OR INDIRECTLY, ANY FINANCIAL INTEREST IN A PROFESSIONAL BOXER COMPETING ON PREMISES OWNED OR LEASED BY THE CORPORATION OR PERSON, OR IN WHICH SUCH CORPORATION OR PERSON IS OTHERWISE INTERESTED EXCEPT PURSUANT TO THE SPECIFIC WRITTEN AUTHORIZATION OF THE COMMISSION. 2. NO CONTESTANT IN A BOXING OR SPARRING MATCH OR EXHIBITION SHALL BE PAID FOR SERVICES BEFORE THE CONTEST, AND SHOULD IT BE DETERMINED BY THE COMMISSION THAT SUCH CONTESTANT DID NOT GIVE AN HONEST EXHIBITION OF HIS OR HER SKILL, SUCH SERVICES SHALL NOT BE PAID FOR. 3. ANY PERSON, INCLUDING ANY CORPORATION AND THE OFFICERS THEREOF, ANY PHYSICIAN, REFEREE, JUDGE, TIMEKEEPER, PROFESSIONAL, MANAGER, TRAINER OR SECOND, WHO SHALL PROMOTE, CONDUCT, GIVE OR PARTICIPATE IN ANY SHAM OR COLLUSIVE AUTHORIZED PROFESSIONAL COMBATIVE SPORTS, SHALL BE DEPRIVED OF HIS OR HER LICENSE BY THE COMMISSION AND ANY OTHER APPROPRIATE LEGAL REMEDIES. 4. NO LICENSED PROMOTER OR MATCHMAKER SHALL KNOWINGLY ENGAGE IN A COURSE OF CONDUCT IN WHICH FIGHTS ARE ARRANGED WHERE ONE PROFESSIONAL HAS SKILLS OR EXPERIENCE SIGNIFICANTLY IN EXCESS OF THE OTHER PROFES- SIONAL SO THAT A MISMATCH RESULTS WITH THE POTENTIAL OF PHYSICAL HARM TO THE PROFESSIONAL. S 1019. PENALTIES. 1. A PERSON WHO KNOWINGLY ADVANCES OR PROFITS FROM A PROHIBITED COMBATIVE SPORT SHALL BE GUILTY OF A CLASS A MISDEMEANOR, AND SHALL BE GUILTY OF A CLASS E FELONY IF HE OR SHE HAS BEEN CONVICTED IN THE PREVIOUS FIVE YEARS OF VIOLATING THIS SUBDIVISION. 2. ANY PERSON WHO KNOWINGLY ADVANCES OR PROFITS FROM A PROHIBITED COMBATIVE SPORT SHALL ALSO BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FOR THE FIRST VIOLATION TEN THOUSAND DOLLARS OR TWICE THE AMOUNT OF GAIN DERIVED THEREFROM WHICHEVER IS GREATER, OR FOR A SUBSEQUENT VIOLATION TWENTY-FIVE THOUSAND DOLLARS OR TWICE THE AMOUNT OF GAIN DERIVED THERE- FROM WHICHEVER IS GREATER. THE ATTORNEY GENERAL IS HEREBY EMPOWERED TO COMMENCE JUDICIAL PROCEEDINGS TO RECOVER SUCH PENALTIES AND TO OBTAIN INJUNCTIVE RELIEF TO ENFORCE THE PROVISIONS OF THIS SECTION. 3. ANY PERSON OR CORPORATION WHO DIRECTLY OR INDIRECTLY CONDUCTS ANY COMBATIVE SPORT WITHOUT FIRST HAVING PROCURED AN APPROPRIATE LICENSE, OR HAVING BEEN DESIGNATED AN AUTHORIZED SANCTIONING ENTITY AS PRESCRIBED IN S. 6408--A 74 A. 9008--A THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR. ANY PERSON WHO PARTIC- IPATES IN A COMBATIVE SPORT AS A REFEREE, JUDGE, MATCH-MAKER, TIMEKEEP- ER, PROFESSIONAL, MANAGER, TRAINER, OR SECOND WITHOUT FIRST HAVING PROCURED AN APPROPRIATE LICENSE AS PRESCRIBED IN THIS ARTICLE, OR WHERE SUCH COMBATIVE SPORT IS PROHIBITED UNDER THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR. ANY PERSON, PARTNERSHIP OR CORPORATION WHO PROMOTES A PROFESSIONAL WRESTLING MATCH OR EXHIBITION IN THE STATE WITHOUT FIRST HAVING PROCURED AN APPROPRIATE LICENSE IN ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF THIS ARTICLE, SHALL BE GUILTY OF A MISDEMEANOR. 4. ANY CORPORATION, ENTITY, PERSON OR PERSONS, LICENSED, PERMITTED OR OTHERWISE AUTHORIZED UNDER THE PROVISIONS OF THIS ARTICLE, THAT SHALL KNOWINGLY VIOLATE ANY RULE OR ORDER OF THE COMMISSION OR ANY PROVISION OF THIS ARTICLE, IN ADDITION TO ANY OTHER PENALTY BY LAW PRESCRIBED, SHALL BE LIABLE TO A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS FOR THE FIRST OFFENSE AND NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS FOR THE SECOND AND EACH SUBSEQUENT OFFENSE, TO BE IMPOSED BY THE COMMISSION, TO BE SUED FOR BY THE ATTORNEY-GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK IF DIRECTED BY THE COMMISSION. THE COMMISSION, FOR CAUSE SHOWN, MAY EXTEND THE TIME FOR THE PAYMENT OF SUCH PENALTY AND, BY COMPROMISE, MAY ACCEPT LESS THAN THE AMOUNT OF SUCH PENALTY AS IMPOSED IN SETTLEMENT THEREOF. FOR THE PURPOSES OF THIS SECTION, EACH TRANS- ACTION OR STATUTORY VIOLATION SHALL CONSTITUTE A SEPARATE OFFENSE, EXCEPT THAT A SECOND OR SUBSEQUENT OFFENSE SHALL NOT BE DEEMED TO EXIST UNLESS A DECISION HAS BEEN RENDERED IN A PRIOR, SEPARATE AND INDEPENDENT PROCEEDING. 5. ON THE FIRST INFRACTION OF RULES OR REGULATIONS PROMULGATED PURSU- ANT TO SUBDIVISION TWO OF SECTION ONE THOUSAND NINE OF THIS ARTICLE, WHICH INFRACTION MAY INCLUDE MORE THAN ONE INDIVIDUAL VIOLATION, THE COMMISSION MAY IMPOSE A CIVIL FINE OF UP TO TWO HUNDRED FIFTY DOLLARS FOR EACH HEALTH AND SAFETY VIOLATION AND MAY SUSPEND THE TRAINING FACIL- ITY'S LICENSE UNTIL THE VIOLATION OR VIOLATIONS ARE CORRECTED. ON THE SECOND SUCH INFRACTION, THE COMMISSION MAY IMPOSE A CIVIL FINE OF UP TO FIVE HUNDRED DOLLARS FOR EACH HEALTH AND SAFETY VIOLATION AND MAY SUSPEND THE TRAINING FACILITY'S LICENSE UNTIL THE VIOLATION OR VIOLATIONS ARE CORRECTED. ON THE THIRD SUCH INFRACTION OR FOR SUBSEQUENT INFRACTIONS, THE COMMISSION MAY IMPOSE A CIVIL FINE OF UP TO SEVEN HUNDRED FIFTY DOLLARS FOR EACH HEALTH AND SAFETY VIOLATION AND MAY REVOKE THE TRAINING FACILITY'S LICENSE. 6. ANY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB FAILING TO FULLY COMPLY WITH PARAGRAPH (A) OF SUBDIVISION TWELVE OF SECTION ONE THOUSAND FIFTEEN OF THIS ARTICLE SHALL BE SUBJECT TO A PENALTY OF FIVE HUNDRED DOLLARS TO BE COLLECTED BY AND PAID TO THE DEPARTMENT OF STATE. ANY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB IS PROHIBITED FROM OPERAT- ING ANY SHOWS OR EXHIBITIONS UNTIL ALL PENALTIES DUE PURSUANT TO THIS SECTION AND TAXES, INTEREST AND PENALTIES DUE PURSUANT TO ARTICLE NINE- TEEN OF THE TAX LAW HAVE BEEN PAID. 7. ALL PENALTIES IMPOSED AND COLLECTED BY THE COMMISSION FROM ANY CORPORATION, ENTITY, PERSON OR PERSONS LICENSED UNDER THE PROVISIONS OF THIS ARTICLE, WHICH FINES AND PENALTIES ARE IMPOSED AND COLLECTED UNDER AUTHORITY HEREBY VESTED SHALL WITHIN THIRTY DAYS AFTER THE RECEIPT THER- EOF BY THE COMMISSION BE PAID BY THEM INTO THE STATE TREASURY. S 1020. SUBPOENAS BY COMMISSION; OATHS. THE COMMISSION SHALL HAVE AUTHORITY TO ISSUE, UNDER THE HAND OF ITS CHAIRPERSON, AND THE SEAL OF THE COMMISSION, SUBPOENAS FOR THE ATTENDANCE OF WITNESSES BEFORE THE COMMISSION. A SUBPOENA ISSUED UNDER THIS SECTION SHALL BE REGULATED BY THE CIVIL PRACTICE LAW AND RULES. S. 6408--A 75 A. 9008--A S 1021. EXCEPTIONS. THE PROVISIONS OF THIS ARTICLE EXCEPT AS PROVIDED IN SUBDIVISION TWELVE OF SECTION ONE THOUSAND FIFTEEN OF THIS ARTICLE SHALL NOT BE CONSTRUED TO APPLY TO ANY SPARRING OR BOXING CONTEST OR EXHIBITION CONDUCTED UNDER THE SUPERVISION OR THE CONTROL OF THE NEW YORK STATE NATIONAL GUARD OR NAVAL MILITIA WHERE ALL OF THE CONTESTANTS ARE MEMBERS OF THE ACTIVE MILITIA; NOR TO ANY SUCH CONTEST OR EXHIBITION WHERE THE CONTESTANTS ARE ALL AMATEURS, SPONSORED BY AND UNDER THE SUPERVISION OF ANY UNIVERSITY, COLLEGE, SCHOOL OR OTHER INSTITUTION OF LEARNING, RECOGNIZED BY THE REGENTS OF THE STATE OF NEW YORK; NOR TO ANY BUSINESS ENTITY INCORPORATED FOR THE PURPOSES OF PROVIDING INSTRUCTION AND EVALUATION IN A COMBATIVE SPORT TO CUSTOMERS FOR THE PURPOSES OF HEALTH AND FITNESS, PERSONAL DEVELOPMENT, SELF-DEFENSE OR PARTICIPATION IN AMATEUR EVENTS CONDUCTED BY AN AUTHORIZED SANCTIONING ENTITY; NOR TO ANY SUCH CONTEST OR EXHIBITIONS WHERE THE CONTESTANTS ARE ALL AMATEURS SPONSORED BY AND UNDER THE SUPERVISION OF THE AMERICAN OLYMPIC ASSOCI- ATION OR, IN THE CASE OF BOXING, THE U.S. AMATEUR BOXING FEDERATION OR ITS LOCAL AFFILIATES OR THE AMERICAN OLYMPIC ASSOCIATION; NOR EXCEPT AS TO THE EXTENT PROVIDED OTHERWISE IN THIS ARTICLE, TO ANY PROFESSIONAL WRESTLING CONTEST OR EXHIBITION AS DEFINED IN THIS ARTICLE. ANY INDIVID- UAL, ASSOCIATION, CORPORATION OR CLUB, EXCEPT ELEMENTARY OR HIGH SCHOOLS OR EQUIVALENT INSTITUTIONS OF LEARNING RECOGNIZED BY THE REGENTS OF THE STATE OF NEW YORK, WHO OR WHICH CONDUCTS AN AMATEUR CONTEST PURSUANT TO THIS SECTION MUST REGISTER WITH THE U. S. AMATEUR BOXING FEDERATION OR ITS LOCAL AFFILIATES AND ABIDE BY ITS RULES AND REGULATIONS. S 1022. DISPOSITION OF RECEIPTS. ALL RECEIPTS OF THE COMMISSION SHALL BE PAID INTO THE STATE TREASURY, PROVIDED, HOWEVER, THAT RECEIPTS FROM THE TAX IMPOSED BY ARTICLE NINETEEN OF THE TAX LAW SHALL BE DEPOSITED AS PROVIDED BY SECTION ONE HUNDRED SEVENTY-ONE-A OF THE TAX LAW. S 3. Subdivision 1 of section 451 of the tax law, as amended by section 1 of part F of chapter 407 of the laws of 1999, is amended to read as follows: 1. "Gross receipts from ticket sales" shall mean the total gross receipts of every person from the sale of tickets to any [professional or amateur boxing, sparring or wrestling match or exhibition] AUTHORIZED COMBATIVE SPORT held in this state, and without any deduction whatsoever for commissions, brokerage, distribution fees, advertising or any other expenses, charges and recoupments in respect thereto. S 4. Section 451 of the tax law is amended by adding a new subdivision 4 to read as follows: 4. "AUTHORIZED COMBATIVE SPORT" SHALL MEAN ANY COMBATIVE SPORT AUTHOR- IZED PURSUANT TO SECTION ONE THOUSAND ONE OF THE GENERAL BUSINESS LAW. S 5. Section 452 of the tax law, as amended by section 2 of part F of chapter 407 of the laws of 1999, is amended to read as follows: S 452. Imposition of tax. 1. On and after October first, nineteen hundred ninety-nine, a tax is hereby imposed and shall be paid upon the gross receipts of every person holding any professional or amateur boxing, sparring or wrestling match or exhibition in this state. Such tax shall be imposed on such gross receipts, exclusive of any federal taxes, as follows: (a) three percent of gross receipts from ticket sales, except that in no event shall the tax imposed by this [subdivision] PARAGRAPH exceed fifty thousand dollars for any match or exhibition; (b) three percent of gross receipts from broadcasting rights, except that in no event shall the tax imposed by this [subdivision] PARAGRAPH exceed fifty thousand dollars for any match or exhibition. S. 6408--A 76 A. 9008--A 2. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, A TAX IS HERE- BY IMPOSED AND SHALL BE PAID UPON THE GROSS RECEIPTS OF EVERY PERSON HOLDING ANY AUTHORIZED COMBATIVE SPORT IN THIS STATE, OTHER THAN ANY PROFESSIONAL OR AMATEUR BOXING, SPARRING OR WRESTLING EXHIBITION OR MATCH, EXCLUSIVE OF ANY FEDERAL TAXES AS FOLLOWS: (A) EIGHT AND ONE-HALF PERCENT OF GROSS RECEIPTS FROM TICKET SALES; AND (B) THREE PERCENT OF THE SUM OF (I) GROSS RECEIPTS FROM BROADCASTING RIGHTS, AND (II) GROSS RECEIPTS FROM DIGITAL STREAMING OVER THE INTER- NET, EXCEPT THAT IN NO EVENT SHALL SUCH TAX IMPOSED PURSUANT TO THIS PARAGRAPH EXCEED FIFTY THOUSAND DOLLARS FOR ANY MATCH OR EXHIBITION. S 6. The article heading of article 19 of the tax law, as added by chapter 833 of the laws of 1987, is amended to read as follows: [BOXING AND WRESTLING EXHIBITIONS] AUTHORIZED COMBATIVE SPORTS TAX S 7. Paragraph 1 of subdivision (f) of section 1105 of the tax law, as amended by section 100 of part A of chapter 389 of the laws of 1997, is amended to read as follows: (1) Any admission charge where such admission charge is in excess of ten cents to or for the use of any place of amusement in the state, except charges for admission to race tracks[, boxing, sparring or wres- tling matches or exhibitions] OR AUTHORIZED COMBATIVE SPORTS which charges are taxed under any other law of this state, or dramatic or musical arts performances, or live circus performances, or motion picture theaters, and except charges to a patron for admission to, or use of, facilities for sporting activities in which such patron is to be a participant, such as bowling alleys and swimming pools. For any person having the permanent use or possession of a box or seat or a lease or a license, other than a season ticket, for the use of a box or seat at a place of amusement, the tax shall be upon the amount for which a similar box or seat is sold for each performance or exhibition at which the box or seat is used or reserved by the holder, licensee or lessee, and shall be paid by the holder, licensee or lessee. S 8. The section heading of section 1820 of the tax law, as amended by section 32 of subpart I of part V-1 of chapter 57 of the laws of 2009, is amended to read as follows: [Boxing and wrestling exhibitions] AUTHORIZED COMBATIVE SPORTS tax. S 9. Paragraph (b) of subdivision 6-c of section 106 of the alcoholic beverage control law, as added by chapter 254 of the laws of 2001, is amended to read as follows: (b) The prohibition contained in paragraph (a) of this subdivision, however, shall not be applied to any [professional match or exhibition which consists of boxing, sparring, wrestling, or martial arts and which is excepted from the definition of the term "combative sport" contained in subdivision one of section five-a of chapter nine hundred twelve of the laws of nineteen hundred twenty, as added by chapter fourteen of the laws of nineteen hundred ninety-seven] AUTHORIZED COMBATIVE SPORT. S 10. The department of state, with the assistance of the state athletic commission, medical advisory board, departments of health and financial services, state insurance fund, division of budget and such other state entities as appropriate, shall carefully consider potential mechanisms to provide financial resources for the payment of expenses related to medical and rehabilitative care for professionals licensed under article forty-one of the general business law who experience debilitating brain injuries associated with repetitive head injuries sustained through their participation in combative sports. The depart- S. 6408--A 77 A. 9008--A ment of state may consult and contract with third parties for services in the course of this review. The department of state shall report its findings and recommendations to the governor, temporary president of the senate and speaker of the assembly within eighteen months of the effec- tive date of this section. In addition to the foregoing, within twelve months of the effective date of this section, the state athletic commis- sion shall make any recommendations to the governor, temporary president of the senate and speaker of the assembly regarding legislative changes which may be necessary to effectuate the purpose and intent of this chapter, including, but not limited to, appropriate adjustments to the insurance requirements contained therein. S 11. This act shall take effect on the first day of the first month next succeeding the one hundred twentieth day after it shall have become a law and shall apply to gross receipts from combative sports held on or after that date; provided, however, that the addition, amendment and/or repeal of any rule or regulation of the state athletic commission neces- sary for the implementation of this act on its effective date is author- ized to be made on or before such effective date. PART P 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 X of chapter 57 of the laws of 2014, is amended to read as follows: S 2. This act shall take effect immediately and shall expire and be deemed repealed on July 1, [2016] 2018; 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. S 2. This act shall take effect immediately. PART Q Section 1. Subdivisions 10, 11, 12 and 13 of section 351 of the public authorities law are REPEALED and subdivision 14 of such section is renumbered subdivision 10. S 2. Subdivisions 6, 8 and 10 of section 354 of the public authorities law, subdivision 6 as amended by chapter 506 of the laws of 2009, and subdivisions 8 and 10 as amended by chapter 766 of the laws of 1992, are amended to read as follows: 6. To appoint officers, agents and employees and fix their compen- sation, provided, however, that the appointment of the executive direc- tor shall be subject to confirmation by the senate in accordance with section twenty-eight hundred fifty-two of this chapter; subject however to the provisions of the civil service law, which shall apply to the authority [and to the subsidiary corporation thereof] as a municipal corporation other than a city; 8. Subject to agreements with noteholders or bondholders, to fix and collect such fees, rentals and charges for the use of the thruway [system] or any part thereof necessary or convenient, with an adequate margin of safety, to produce sufficient revenue to meet the expense of maintenance and operation and to fulfill the terms of any agreements made with the holders of its notes or bonds, and to establish the rights S. 6408--A 78 A. 9008--A and privileges granted upon payment thereof[; provided, however, that tolls may only be imposed for the passage through locks and lift bridges by vessels which are propelled in whole or in part by mechanical power; and provided further that no tolls shall be imposed or collected prior to the first day of April, nineteen hundred ninety-three]. 10. To construct, reconstruct or improve on or along the thruway [system] in the manner herein provided, suitable facilities for gas stations, restaurants, and other facilities for the public, or to lease the right to construct, reconstruct or improve and operate such facili- ties; such facilities shall be publicly offered for leasing for opera- tion, or the right to construct, reconstruct or improve and operate such facilities shall be publicly offered under rules and regulations to be established by the authority, provided, however, that lessees operating such facilities at the time this act becomes effective, may reconstruct or improve them or may construct additional like facilities, in the manner and upon such terms and conditions as the board shall determine[; and provided further, however, that such facilities constructed, recon- structed or improved on or along the canal system shall be consistent with the canal recreationway plan approved pursuant to section one hundred thirty-eight-c of the canal law and section three hundred eight- y-two of this title]; S 3. Section 355 of the public authorities law, as amended by chapter 138 of the laws of 1997, is amended to read as follows: S 355. Officers and employees; transfer, promotion and seniority. 1. Officers and employees of state departments, agencies, [or the canal corporation] OR DIVISIONS may be transferred to the authority and offi- cers, agents and employees of the authority may be transferred to state departments, agencies, [or the canal corporation] OR DIVISIONS, without examination and without loss of any civil service status or rights. No such transfer from the authority [or canal corporation] to any state department, agency, or division may, however, be made except with the approval of the head of the state department, agency, or division involved and the director of the budget and in compliance with the rules and regulations of the state civil service commission. 2. Promotions from positions in state departments and agencies to positions in the authority [or canal corporation], and vice versa, may be made from interdepartmental promotion lists resulting from promotion examinations in which employees of the authority[, employees of the canal corporation,] and employees of the state are eligible to partic- ipate. 3. In computing seniority for purposes of promotion or for purposes of suspension or demotion upon the abolition of positions in the service of the authority or in the service of the state, in the case of an employee of the authority a period of prior employment in the service of the state shall be counted in the same manner as though such period of employment had been in the service of the authority, and in the case of an employee of the state a period of prior employment in the service of the authority shall be counted in the same manner as though such period of employment had been in the service of the state. For the purposes of the establishment and certification of preferred lists, employees suspended from the authority shall be eligible for reinstatement in the service of the state, and employees suspended from the service of the state shall be eligible for reinstatement in the service of the authori- ty, in the same manner as though the authority were a department of the state. [All provisions contained within this subdivision shall apply to S. 6408--A 79 A. 9008--A the canal corporation in the same manner that they apply to the authori- ty.] S 4. Section 357 of the public authorities law, as amended by chapter 766 of the laws of 1992, is amended to read as follows: S 357. Right of authority to use state property; payment for improve- ments. On assuming jurisdiction of a thruway highway section or connection or any part thereof, or of a highway connection, [or of the New York state canal system,] the authority shall have the right to possess and use for its corporate purposes so long as its corporate existence shall continue, any real property and rights in real property theretofore acquired by the state, including all improvements thereon [and state canal lands and properties; provided that the use by the authority of canal lands and properties for highway purposes shall not interfere with the use thereof for canal purposes]. S 5. Subdivisions 2 and 3 of section 357-a of the public authorities law are REPEALED and subdivision 1, as added by section 1 of part E of chapter 58 of the laws of 2013, is amended to read as follows: 1. Enforcement assistance [shall be] provided by the division of state police at [a level consistent with historical precedents, as a matter of state interest, on all sections of the thruway. The authority shall provide goods and services to the division of state police in connection with its enforcement activity on the thruway. The division of state police and the authority shall enter into an agreement identifying those goods and services that the authority will provide to the division of state police and determine reporting and other requirements related thereto. Any costs borne by the state police outside of such agreement shall not be reimbursed by the authority nor shall they be deemed costs of the authority] THE REQUEST OF THE AUTHORITY SHALL BE REIMBURSED BY THE AUTHORITY TO THE DIVISION OF STATE POLICE FROM THE GENERAL RESERVE FUND ESTABLISHED BY THE AUTHORITY UNDER ITS AGREEMENT WITH BONDHOLDERS, AFTER PAYMENT OF ANY AMOUNTS DUE ON ANY BONDS OR NOTES OF THE AUTHORITY. THE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO DEPOSIT TO THE POLICING NYS THRUWAY ACCOUNT, REVENUES RECEIVED FROM THE AUTHORITY AS REIMBURSEMENT FOR PERSONAL SERVICE EXPENSES INCLUDING GENERAL STATE CHARGES. IN ADDITION, THE AUTHORITY SHALL REIMBURSE THE DIVISION OF STATE POLICE FOR NON-PERSONAL SERVICE EXPENSES CONNECTED WITH SUCH ASSISTANCE. SUCH REIMBURSEMENT SHALL BE MADE FROM SUCH GENERAL RESERVE FUND. THE AUTHORITY SHALL DEPOSIT SAID REIMBURSEMENT FUNDS FOR NON-PER- SONAL SERVICE EXPENSES TO THE CREDIT OF THE DIVISION OF STATE POLICE. NO PAYMENTS MADE BY THE AUTHORITY UNDER THIS SUBSECTION SHALL BE DEEMED OPERATING EXPENSES OF THE AUTHORITY. S 6. Subdivision 1 of section 359 of the public authorities law, as amended by chapter 766 of the laws of 1992, is amended to read as follows: 1. On assuming jurisdiction of a thruway section or connection or any part thereof, or of a highway connection, [or of the New York state canal system,] the authority shall proceed with the construction, recon- struction or improvement thereof. All such work shall be done pursuant to a contract or contracts which shall be let to the lowest responsible bidder, by sealed proposals publicly opened, after public advertisement and upon such terms and conditions as the authority shall require; provided, however, that the authority may reject any and all proposals and may advertise for new proposals, as herein provided, if in its opin- ion, the best interests of the authority will thereby be promoted; provided further, however, that at the request of the authority, all or any portion of such work, together with any engineering required by the S. 6408--A 80 A. 9008--A authority in connection therewith, shall be performed by the commission- er and his subordinates in the department of transportation as agents for, and at the expense of, the authority. S 7. Section 359-a of the public authorities law, as added by chapter 140 of the laws of 2002, is amended to read as follows: S 359-a. Procurement contracts. For the purposes of section twenty- eight hundred seventy-nine of this chapter as applied to the authority [or the canal corporation], the term "procurement contract" shall mean any written agreement for the acquisition of goods or services of any kind by the authority [or the canal corporation] in the actual or esti- mated amount of fifteen thousand dollars or more. S 8. Section 360 of the public authorities law, as amended by chapter 766 of the laws of 1992, is amended to read as follows: S 360. Operation and maintenance. Operation and maintenance by the authority of any thruway section or connection or any part thereof or of a highway connection[, the New York state canal system] of which it has assumed jurisdiction shall be performed (a) by the use of authority forces and equipment at the expense of the authority or by agreement at the expense of the state or other parties; (b) by contract with munici- palities or independent contractors; (c) at the request of the authori- ty, by the commissioner and his subordinates in the department of trans- portation as agents for, and at the expense of the authority, or (d) by a combination of such methods. S 9. Section 362 of the public authorities law, as amended by chapter 766 of the laws of 1992, is amended to read as follows: S 362. Assistance by state officers, departments, boards, divisions and commissions. At the request of the authority, engineering and legal services for such authority shall be performed by forces or officers of the department of transportation and the department of law respectively, and all other state officers, departments, boards, divisions and commis- sions shall render services within their respective functions. At the request of the authority, services in connection with the collection of any charges or fees for the use of the thruway[, the New York state canal system] or any part thereof may be performed by the department of motor vehicles. S 10. Paragraph (a) of subdivision 1, and paragraph (i) of subdivision 3 of section 365 of the public authorities law, as amended by chapter 766 of the laws of 1992, are amended to read as follows: (a) Subject to the provisions of section three hundred sixty-six of this title, the authority shall have the power and is hereby authorized from time to time to issue its negotiable notes and bonds in conformity with applicable provisions of the uniform commercial code in such prin- cipal amount as, in the opinion of the authority, shall be necessary to provide sufficient moneys for achieving the corporate purposes thereof, including construction, reconstruction and improvement of the thruway sections and connections, and highway connections herein described, [the New York state canal system subject to the provisions of section three hundred eighty-three of this title,] together with suitable facilities and appurtenances, the payment of all indebtedness to the state, the cost of acquisition of all real property, the expense of maintenance and operation, interest on notes and bonds during construction and for a reasonable period thereafter, establishment of reserves to secure notes or bonds, and all other expenditures of the authority incident to and necessary or convenient to carry out its corporate purposes and powers. S. 6408--A 81 A. 9008--A (i) the acquisition of jurisdiction over, and of property for, thru- ways, [the New York state canal system,] and the construction, recon- struction, improvement, maintenance or operation thereof; S 11. Section 382 of the public authorities law is REPEALED. S 12. Section 383 of the public authorities law is REPEALED. S 13. Section 388 of the public authorities law, as added by chapter 500 of the laws of 2011, is amended to read as follows: S 388. Limitation on powers of the authority. A department, authority, division or agency of the state shall not offer or permit any officer or employee of such department, authority, division or agency to use a pass to access and/or use the thruway [system] without the officer's or employee's personal payment of tolls except when the use of such a pass and/or use of the thruway [system] without personal payment of tolls occurs in the normal course of the employment or duties of such officer or employee. This section shall not diminish the rights of any employee pursuant to a collective bargaining agreement. S 14. Subdivisions 18 and 21 of section 2 of the canal law, subdivi- sion 18 as amended and subdivision 21 as renumbered by chapter 335 of the laws of 2001, subdivision 21 as added by chapter 442 of the laws of 1996, are amended and a new subdivision 24 is added to read as follows: 18. "Authority" shall mean the [New York state thruway authority, a body corporate and politic constituting a public corporation created and constituted pursuant to title nine of article two] POWER AUTHORITY OF THE STATE OF NEW YORK, A BODY CORPORATE AND POLITIC CONSTITUTING A POLI- TICAL SUBDIVISION OF THE STATE CREATED AND CONSTITUTED PURSUANT TO TITLE ONE OF ARTICLE FIVE of the public authorities law. 21. "Corporation" AND "CANAL CORPORATION" shall mean the New York state canal corporation, [a subsidiary of the New York state thruway authority,] A PUBLIC BENEFIT CORPORATION created pursuant to [section three hundred eighty-two of the public authorities law] CHAPTER SEVEN HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO AND CONTIN- UED AND RECONSTITUTED AS A SUBSIDIARY CORPORATION OF THE POWER AUTHORITY OF THE STATE OF NEW YORK PURSUANT TO SUBDIVISION ONE OF SECTION ONE THOUSAND FIVE-B OF THE PUBLIC AUTHORITIES LAW. 24. "THRUWAY AUTHORITY" SHALL MEAN THE NEW YORK STATE THRUWAY AUTHORI- TY, A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC CORPORATION CREATED AND CONSTITUTED PURSUANT TO TITLE NINE OF ARTICLE TWO OF THE PUBLIC AUTHORITIES LAW. S 15. The article heading of article 1-A of the canal law, as added by chapter 766 of the laws of 1992, is amended to read as follows: TRANSFER TO [NEW YORK STATE THRUWAY AUTHORITY] POWER AUTHORITY OF THE STATE OF NEW YORK S 16. Section 5 of the canal law, as amended by amended chapter 335 of the laws of 2001, is amended to read as follows: S 5. Transfer of powers and duties relating to canals and canal lands to the [New York state thruway authority] POWER AUTHORITY OF THE STATE OF NEW YORK. The powers and duties of the [commissioner of transporta- tion] THRUWAY AUTHORITY relating to the New York state canal system as set forth in articles one through and including fourteen, except article seven, of this chapter, and except properties in use on the effective date of this article in support of highway maintenance, equipment management and traffic signal operations of the department of transpor- tation, HERETOFORE TRANSFERRED BY THE COMMISSIONER OF TRANSPORTATION TO THE THRUWAY AUTHORITY, are hereby transferred to and merged with the authority, to be exercised by the authority DIRECTLY OR THROUGH THE CANAL CORPORATION on behalf of the people of the state of New York. In S. 6408--A 82 A. 9008--A addition, the commissioner of transportation and the [chairman] CHAIR of the authority OR HIS OR HER DESIGNEE may, in their discretion, enter into an agreement or agreements transferring the powers and duties of the commissioner of transportation relating to any or all of the bridges and highways as set forth in article seven of this chapter, to be exer- cised by the authority DIRECTLY OR THROUGH THE CANAL CORPORATION on behalf of the people of the state of New York, and, AS DETERMINED TO BE FEASIBLE AND ADVISABLE BY THE AUTHORITY'S TRUSTEES, shall enter into an agreement or agreements DIRECTLY OR THROUGH THE CANAL CORPORATION for the financing, construction, reconstruction or improvement of lift and movable bridges on the canal system. Such powers shall be in addition to other powers enumerated in title [nine] ONE of article [two] FIVE of the public authorities law. All of the provisions of title [nine] ONE of article [two] FIVE of such law which are not inconsistent with this chapter shall apply to the actions and duties of the authority pursuant to this chapter. The authority shall be deemed to be the state in exer- cising the powers and duties transferred pursuant to this section but for no other purposes. S 17. Subdivisions 1, 2, 3, 4 and 5 of section 6 of the canal law, subdivisions 2 and 5 as added by chapter 766 of the laws of 1992, and subdivisions 1, 3 and 4 as amended by chapter 335 of the laws of 2001, are amended to read as follows: 1. The jurisdiction of the [commissioner of transportation] THRUWAY AUTHORITY over the New York state canal system and over all state assets, equipment and property, both tangible and intangible, owned or used in connection with the planning, development, construction, recon- struction, maintenance and operation of the New York state canal system, as set forth in articles one through and including fourteen, except article seven, of this chapter, and except properties in use on the effective date of this article in support of highway maintenance, equip- ment management and traffic signal operations of the department of transportation, HERETOFORE TRANSFERRED BY THE COMMISSIONER OF TRANSPOR- TATION TO THE THRUWAY AUTHORITY, are hereby transferred without consid- eration to the authority, to be held by the authority in the name of the people of the state of New York. In addition the commissioner of trans- portation and the [chairman] CHAIR of the authority OR HIS OR HER DESIG- NEE may, in their discretion, enter into an agreement or agreements transferring jurisdiction over any or all of the bridges and highways set forth in article seven of this chapter, and any or all state assets, equipment and property, both tangible and intangible, owned or used in connection with the planning, development, construction, reconstruction, maintenance and operation of such bridges and highways, which shall be transferred without consideration to the authority, to be held by the authority through the corporation in the name of the people of the state of New York. Any other rights and obligations resulting from or arising out of the planning, development, construction, reconstruction, opera- tion or maintenance of the New York state canal system shall be deemed assigned to and shall be exercised by the authority through the corpo- ration, except that the authority may designate the [commissioner of transportation] CHAIR OF THE THRUWAY AUTHORITY to be its agent for the operation and maintenance of the New York state canal system, provided that such designation shall have no force or effect after [March thir- ty-first, nineteen hundred ninety-three] JANUARY FIRST, TWO THOUSAND SEVENTEEN. Such canal system shall remain the property of the state and under its management and control as exercised by and through the author- ity, through the corporation which shall be deemed to be the state for S. 6408--A 83 A. 9008--A the purposes of such management and control of the canals but for no other purposes. 2. The department of transportation AND THRUWAY AUTHORITY shall deliv- er to the authority all books, policies, procedures, papers, plans, maps, records, equipment and property of such department pertaining to the functions transferred pursuant to this article. 3. All rules, regulations, acts, determinations, orders and decisions of the commissioner of transportation [and of the], department of trans- portation, OR THRUWAY AUTHORITY pertaining to the functions transferred pursuant to this article in force at the time of such transfer shall continue in force and effect as rules, regulations, acts, determi- nations, orders and decisions of the authority and corporation until duly modified or abrogated by such authority [and] OR corporation. 4. Any business or other matters undertaken or commenced by the [commissioner of transportation or the department of transportation] THRUWAY AUTHORITY, including executed contracts, permits and other agreements, BUT EXCLUDING BONDS, NOTES OR OTHER EVIDENCES OF INDEBT- EDNESS, pertaining to or connected with the [functions,] powers, [obli- gations and] duties AND OBLIGATIONS transferred pursuant to this arti- cle, and in effect on the effective date [hereof] OF THE TRANSFER OF SUCH MATTERS FROM THE THRUWAY AUTHORITY TO THE AUTHORITY PROVIDED FOR IN THIS ARTICLE, shall, EXCEPT AS OTHERWISE AGREED BY THE AUTHORITY AND THE THRUWAY AUTHORITY, be conducted and completed by the authority through the corporation in the same manner and under the same terms and condi- tions and with the same effect as if conducted and completed by the [commissioner of transportation or the department of transportation] THRUWAY AUTHORITY, PROVIDED THAT NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO REQUIRE THE AUTHORITY TO TAKE ANY ACTION IN A MANNER THAT WOULD IN ITS JUDGMENT BE INCONSISTENT WITH THE PROVISIONS OF ANY BOND OR NOTE RESOLUTION OR ANY OTHER CONTRACT WITH THE HOLDERS OF THE AUTHORI- TY'S BONDS, NOTES OR OTHER OBLIGATIONS. 5. No existing rights or remedies of the state, [including the] authority, THRUWAY AUTHORITY, OR CANAL CORPORATION shall be lost, impaired or affected by reason of this article. S 18. Subdivision 6 of section 6 of the canal law, as added by chapter 766 of the laws of 1992, paragraph (b) as amended by chapter 335 of the laws of 2001, is amended and a new subdivision 7 is added to read as follows: 6. (a) No action or proceeding pending on the effective date of [this article,] THE TRANSFER OF POWERS, DUTIES AND OBLIGATIONS FROM THE THRU- WAY AUTHORITY TO THE AUTHORITY brought by or against THE THRUWAY AUTHOR- ITY, the commissioner of transportation [or], THE CORPORATION, the department of transportation OR THE AUTHORITY shall be affected by this article. Any liability arising out of any act or omission occurring prior to the effective date of the transfer of THE powers [and], duties [authorized herein] AND OBLIGATIONS FROM THE THRUWAY AUTHORITY TO THE AUTHORITY, of the officers, employees or agents of THE THRUWAY AUTHORI- TY, the department of transportation, or any other agency of the state, other than the authority, in the performance of their obligations or duties under the canal law, any other law of the state or any federal law, or pursuant to a contract entered into prior to the effective date of such transfer, shall remain a liability of THE THRUWAY AUTHORITY, the department of transportation or such other agency of the state and not of the authority. (b) Notwithstanding any provision to the contrary contained in para- graph (a) of this subdivision, the state shall indemnify and hold harm- S. 6408--A 84 A. 9008--A less the THRUWAY authority [and], THE corporation AND THE AUTHORITY for any and all claims, damages, or liabilities, whether or not caused by negligence, including civil and criminal fines, arising out of or relat- ing to any generation, processing, handling, transportation, storage, treatment, or disposal of solid or hazardous wastes in the canal system by any person or entity other than the THRUWAY AUTHORITY OR THE authori- ty occurring prior to [the effective date of the transfer of powers and duties authorized herein] AUGUST THIRD, NINETEEN HUNDRED NINETY-TWO. Such indemnification shall extend to, without limitation, any releases into land, water or air, including but not limited to releases as defined under the federal comprehensive environmental response compen- sation and liability act of nineteen hundred eighty, occurring or exist- ing prior to [the effective date of this section] AUGUST THIRD, NINETEEN HUNDRED NINETY-TWO; provided that the THRUWAY AUTHORITY, THE CORPORATION AND THE authority shall cooperate in the investigation and remediation of hazardous waste and other environmental problems. (C) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN PARA- GRAPH (A) OF THIS SUBDIVISION, THE THRUWAY AUTHORITY SHALL INDEMNIFY AND HOLD HARMLESS THE CORPORATION AND THE AUTHORITY FOR ANY AND ALL CLAIMS, DAMAGES, OR LIABILITIES, WHETHER OR NOT CAUSED BY NEGLIGENCE, INCLUDING CIVIL AND CRIMINAL FINES, ARISING OUT OF OR RELATING TO ANY GENERATION, PROCESSING, HANDLING, TRANSPORTATION, STORAGE, TREATMENT, OR DISPOSAL OF SOLID OR HAZARDOUS WASTES IN THE CANAL SYSTEM BY ANY PERSON OR ENTITY OTHER THAN THE AUTHORITY OCCURRING AFTER AUGUST THIRD, NINETEEN HUNDRED NINETY-TWO AND NO LATER THAN THE EFFECTIVE DATE OF THE TRANSFER OF POWERS, DUTIES AND OBLIGATIONS FROM THE THRUWAY AUTHORITY TO THE AUTHOR- ITY. SUCH INDEMNIFICATION SHALL EXTEND TO, WITHOUT LIMITATION, ANY RELEASES INTO LAND, WATER OR AIR, INCLUDING BUT NOT LIMITED TO RELEASES AS DEFINED UNDER THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT OF NINETEEN HUNDRED EIGHTY, OCCURRING OR EXISTING PRIOR TO THE EFFECTIVE DATE OF THE TRANSFER OF POWERS, DUTIES AND OBLIGATIONS FROM THE THRUWAY AUTHORITY TO THE AUTHORITY; PROVIDED THAT THE CORPORATION AND THE AUTHORITY SHALL COOPERATE IN THE INVESTI- GATION AND REMEDIATION OF HAZARDOUS WASTE AND OTHER ENVIRONMENTAL PROB- LEMS. (D) EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER, THE THRUWAY AUTHORI- TY SHALL RETAIN ALL LIABILITIES, WHETHER OR NOT CAUSED BY NEGLIGENCE, ARISING OUT OF ANY ACTS OR OMISSIONS OCCURRING ON OR AFTER AUGUST THIRD, NINETEEN HUNDRED NINETY-TWO, IN CONNECTION WITH ITS POWERS, DUTIES AND OBLIGATIONS WITH RESPECT TO THE CORPORATION. THE AUTHORITY AND THE STATE SHALL NOT BE HELD LIABLE IN CONNECTION WITH ANY LIABILITIES ARISING OUT OF SUCH ACTS OR OMISSIONS. 7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IN CONNECTION WITH THE TRANSFER OF JURISDICTION OF THE CORPORATION TO THE AUTHORITY AND THE ASSUMPTION OF MANAGEMENT OF THE CORPORATION AS A SUBSIDIARY CORPORATION OF THE AUTHORITY PURSUANT TO THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN WHICH ADDED THIS SUBDIVISION, THE THRUWAY AUTHORITY SHALL HAVE THE POWER TO FULFILL ANY EXISTING AGREEMENTS OR OBLIGATIONS, MAKE ANY AGREEMENTS, RECEIVE, RETAIN OR PAY ANY FUNDS, DEEMED NECESSARY AND IN THE PUBLIC INTEREST TO EFFECTUATE THE PROVISIONS AND INTENT OF THIS CHAPTER, INCLUDING BUT NOT LIMITED TO, THE ENTERING INTO ANY AGREE- MENTS WITH THE CORPORATION, THE AUTHORITY AND ANY OTHER FEDERAL, STATE, MUNICIPAL OR OTHER ENTITIES, AND TO RECEIVE FUNDS FROM THE FEDERAL EMER- GENCY MANAGEMENT AGENCY OR THE STATE, TO FULFILL THE THRUWAY AUTHORITY'S EXISTING FINANCIAL OR OTHER OBLIGATIONS ARISING FROM ITS JURISDICTION OVER THE CANAL SYSTEM AND THE CORPORATION. S. 6408--A 85 A. 9008--A S 19. Subdivisions 2 and 5 of section 92-u of the state finance law, subdivision 2 as added by chapter 766 of the laws of 1992, and subdivi- sion 5 as amended by chapter 483 of the laws of 1996, are amended to read as follows: 2. Such fund shall consist of all revenues received from the operation of the New York state canal system as defined in section three hundred fifty-one of the public authorities law and section two of the canal law, including payments on leases for use of canal lands, terminals and terminal lands, tolls received for lock and lift bridge passage, payments for hydroelectric easements and sales, for purchase of other abandoned canal lands, payments for any permits and leases for use of the water and lands of the system and payments for use of dry docks and other moneys made available to the fund from any other source other than a grant, loan or other inter-corporate transfer of funds of the [New York state thruway authority] POWER AUTHORITY OF THE STATE OF NEW YORK, and any income earned by, or incremental to, the fund due to investment thereof, or any repayment of any moneys advanced by the fund. 5. Moneys of the fund, following appropriation by the legislature, shall be available to the [New York state thruway authority] POWER AUTHORITY OF THE STATE OF NEW YORK and shall be expended by such author- ity or [subsidiary corporation thereof] THE CANAL CORPORATION only for the maintenance, construction, reconstruction, development or promotion of the canal system[; provided, however, that in the initial years, expenditures of moneys of the fund for the development and/or promotion of the canal system shall be accorded a priority by the authority or subsidiary corporation thereof]. In addition, moneys of the fund may be used for the purposes of interpretive signage and promotion for appro- priate historically significant Erie canal lands and related sites. Moneys shall be paid out of the fund by the state comptroller on certif- icates issued by the director of the budget. S 20. Notwithstanding any other provision of law, the power authority of the state of New York ("power authority"), New York state thruway authority and New York state canal corporation ("canal corporation"), and any other state or municipal agency, department, office, board, division, commission, public authority or public benefit corporation may enter into such agreements and understandings relating to the transition of the canal corporation to its status as a subsidiary of the power authority and for the administration, maintenance and operation of the canal corporation and the canal system as they may deem necessary or desirable. S 21. Section 1005 of the public authorities law is amended by adding a new subdivision 25 to read as follows: 25. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO ACCEPT GIFTS, GRANTS, LOANS, OR CONTRIBUTIONS OF FUNDS OR PROPERTY IN ANY FORM FROM THE FEDERAL GOVERNMENT OR ANY AGENCY OR INSTRUMENTALLY THEREOF OR FROM THE STATE OR ANY OTHER SOURCE (COLLECTIVELY, "RESOURCES"), AND ENTER INTO CONTRACTS OR OTHER TRANSACTIONS REGARDING SUCH RESOURCES, AND TO USE SUCH RESOURCES FOR ANY OF ITS CORPORATE PURPOSES. S 22. The public authorities law is amended by adding a new section 1005-b to read as follows: S 1005-B. NEW YORK STATE CANAL CORPORATION. 1. THE PUBLIC BENEFIT CORPORATION KNOWN AS THE "NEW YORK STATE CANAL CORPORATION" (HEREINAFTER REFERRED TO AS THE "CANAL CORPORATION") CREATED AS A SUBSIDIARY CORPO- RATION OF THE NEW YORK STATE THRUWAY AUTHORITY PURSUANT TO CHAPTER SEVEN HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO IS HEREBY CONTINUED AND RECONSTITUTED AS A SUBSIDIARY CORPORATION OF THE AUTHORITY S. 6408--A 86 A. 9008--A AND SHALL HAVE ONLY THE POWER TO OPERATE, MAINTAIN, CONSTRUCT, RECON- STRUCT, IMPROVE, DEVELOP, FINANCE, AND PROMOTE ALL OF THE CANALS, CANAL LANDS, FEEDER CANALS, RESERVOIRS, CANAL TERMINALS, CANAL TERMINAL LANDS AND OTHER PROPERTY UNDER THE JURISDICTION OF THE CANAL CORPORATION PURSUANT TO ARTICLE ONE-A OF THE CANAL LAW (HEREINAFTER REFERRED TO AS THE "CANAL SYSTEM"). REFERENCE IN ANY PROVISION OF LAW, GENERAL, SPECIAL OR LOCAL, OR IN ANY RULE, REGULATION OR PUBLIC DOCUMENT TO THE CANAL CORPORATION OR THE CANAL CORPORATION AS A SUBSIDIARY OF THE NEW YORK STATE THRUWAY AUTHORITY SHALL BE DEEMED TO BE AND CONSTRUED AS A REFER- ENCE TO THE CANAL CORPORATION CONTINUED BY THIS SECTION. 2. THE MANAGEMENT AND ADMINISTRATION OF THE CANAL CORPORATION SHALL BE AN ADDITIONAL CORPORATE PURPOSE OF THE AUTHORITY. TO THE EXTENT THAT THE TRUSTEES DEEM IT FEASIBLE AND ADVISABLE, THE AUTHORITY MAY TRANSFER TO THE CANAL CORPORATION ANY MONEYS, REAL, PERSONAL, OR MIXED PROPERTY OR ANY PERSONNEL IN ORDER TO CARRY OUT THE PURPOSES OF THIS SECTION, PROVIDED THAT NOTHING IN THIS SECTION SHALL BE DEEMED TO REQUIRE THE AUTHORITY TO APPLY ANY MONEYS, REVENUES OR PROPERTY OR TO TAKE ANY ACTION IN A MANNER THAT WOULD BE INCONSISTENT WITH THE PROVISIONS OF ANY BOND OR NOTE RESOLUTION OR ANY OTHER CONTRACT WITH THE HOLDERS OF THE AUTHORITY'S BONDS, NOTES OR OTHER OBLIGATIONS. 3. THE CANAL CORPORATION AND ANY OF ITS PROPERTY, FUNCTIONS, AND ACTIVITIES SHALL HAVE ALL OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS AND OTHER EXEMPTIONS OF THE AUTHORITY AND OF THE AUTHORITY'S PROPERTY, FUNCTIONS, AND ACTIVITIES. THE CANAL CORPORATION SHALL BE SUBJECT TO THE RESTRICTIONS AND LIMITATIONS TO WHICH THE AUTHORITY MAY BE SUBJECT. THE CANAL CORPORATION MAY DELEGATE TO ONE OR MORE OF ITS MEMBERS, OR ITS OFFICERS, AGENTS AND EMPLOYEES, SUCH DUTIES AND POWERS AS IT MAY DEEM PROPER. 4. EXCLUSIVE JURISDICTION IS CONFERRED UPON THE COURT OF CLAIMS TO HEAR AND DETERMINE THE CLAIMS OF ANY PERSON AGAINST THE CANAL CORPO- RATION (A) FOR ITS TORTIOUS ACTS AND THOSE OF ITS AGENTS, AND (B) FOR BREACH OF A CONTRACT, RELATING TO CONSTRUCTION, RECONSTRUCTION, IMPROVE- MENT, MAINTENANCE OR OPERATION, IN THE SAME MANNER AND TO THE EXTENT PROVIDED BY AND SUBJECT TO THE PROVISIONS OF THE COURT OF CLAIMS ACT WITH RESPECT TO CLAIMS AGAINST THE STATE, AND TO MAKE AWARDS AND RENDER JUDGMENTS THEREFOR. ALL AWARDS AND JUDGMENTS ARISING FROM SUCH CLAIMS SHALL BE PAID OUT OF MONEYS OF THE CANAL CORPORATION. 5. THE MEMBERS OF THE CANAL CORPORATION SHALL BE THE SAME PERSONS HOLDING THE OFFICES OF TRUSTEES OF THE AUTHORITY. 6. NO OFFICER OR MEMBER OF THE CANAL CORPORATION SHALL RECEIVE ANY ADDITIONAL COMPENSATION, EITHER DIRECT OR INDIRECT, OTHER THAN REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORM- ANCE OF HIS OR HER DUTIES, BY REASON OF HIS OR HER SERVING AS A MEMBER, DIRECTOR, OR TRUSTEE OF THE CANAL CORPORATION. 7. THE EMPLOYEES OF THE CANAL CORPORATION SHALL NOT BE DEEMED TO BE EMPLOYEES OF THE AUTHORITY BY REASON OF THEIR EMPLOYMENT BY THE CANAL CORPORATION. ALL OFFICERS AND EMPLOYEES OF THE CANAL CORPORATION SHALL BE SUBJECT TO THE PROVISIONS OF THE CIVIL SERVICE LAW WHICH SHALL APPLY TO THE CANAL CORPORATION AS A MUNICIPAL CORPORATION OTHER THAN A CITY. THE CANAL CORPORATION SHALL PARTICIPATE IN THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM. NOTHING CONTAINED IN A CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN THAT ADDED THIS SECTION SHALL BE CONSTRUED TO AFFECT THE RIGHTS OF THE CANAL CORPORATION OR ANY OF ITS EMPLOYEES UNDER ANY COLLECTIVE BARGAINING AGREEMENT IN EFFECT AS OF THE EFFECTIVE DATE OF TRANSFER OF THE CANAL CORPORATION FROM THE THRUWAY AUTHORITY TO THE AUTHORITY. S. 6408--A 87 A. 9008--A 8. THE FISCAL YEAR OF THE CANAL CORPORATION SHALL BE THE SAME AS THE FISCAL YEAR FOR THE AUTHORITY. 9. THE CANAL CORPORATION SHALL HAVE THE POWER TO: (A) OPERATE, MAINTAIN, CONSTRUCT, RECONSTRUCT, IMPROVE, DEVELOP, FINANCE, AND PROMOTE THE CANAL SYSTEM; (B) SUE AND BE SUED; (C) HAVE A SEAL AND ALTER THE SAME AT PLEASURE; (D) MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL MANAGE- MENT AND MAKE RULES AND REGULATIONS GOVERNING THE USE OF ITS PROPERTY AND FACILITIES; (E) APPOINT OFFICERS AND EMPLOYEES AND FIX THEIR COMPENSATION; (F) MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY OR CONVENIENT FOR THE EXERCISE OF ITS POWERS AND FUNCTIONS UNDER THIS CHAP- TER; (G) ACQUIRE, HOLD, AND DISPOSE OF REAL OR PERSONAL PROPERTY FOR ITS CORPORATE PURPOSES; (H) ENGAGE THE SERVICES OF PRIVATE CONSULTANTS ON A CONTRACT BASIS FOR RENDERING PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE; (I) PROCURE INSURANCE AGAINST ANY LOSS IN CONNECTION WITH ITS ACTIV- ITIES, PROPERTIES, AND OTHER ASSETS, IN SUCH AMOUNT AND FROM SUCH INSUR- ERS AS IT DEEMS DESIRABLE; (J) INVEST ANY FUNDS OF THE CANAL CORPORATION, OR ANY OTHER MONIES UNDER ITS CUSTODY AND CONTROL NOT REQUIRED FOR IMMEDIATE USE OR DISBURSEMENT, AT THE DISCRETION OF THE CANAL CORPORATION, IN OBLIGATIONS OF THE STATE OR THE UNITED STATES GOVERNMENT OR OBLIGATIONS THE PRINCI- PAL AND INTEREST OF WHICH ARE GUARANTEED BY THE STATE OR THE UNITED STATES GOVERNMENT, OR IN ANY OTHER OBLIGATIONS IN WHICH THE COMPTROLLER OF THE STATE IS AUTHORIZED TO INVEST PURSUANT TO SECTION NINETY-EIGHT-A OF THE STATE FINANCE LAW; (K) EXERCISE THOSE POWERS AND DUTIES OF THE AUTHORITY DELEGATED TO IT BY THE AUTHORITY; (L) PREPARE AND SUBMIT A CAPITAL PROGRAM PLAN PURSUANT TO SECTION TEN OF THE CANAL LAW; (M) APPROVE AND IMPLEMENT THE NEW YORK STATE CANAL RECREATIONWAY PLAN SUBMITTED PURSUANT TO SECTION ONE HUNDRED THIRTY-EIGHT-C OF THE CANAL LAW. THE CANAL CORPORATION'S REVIEW AND APPROVAL OF THE CANAL RECREA- TIONWAY PLAN SHALL BE BASED UPON ITS CONSIDERATION OF A GENERIC ENVIRON- MENTAL IMPACT STATEMENT PREPARED BY THE CANAL CORPORATION IN ACCORDANCE WITH ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND THE REGU- LATIONS THEREUNDER. PRIOR TO THE IMPLEMENTATION OF ANY SUBSTANTIAL IMPROVEMENT BY THE CANAL CORPORATION ON CANAL LANDS, CANAL TERMINALS, OR CANAL TERMINAL LANDS, OR THE LEASE OF CANAL LANDS, CANAL TERMINALS, OR CANAL TERMINAL LANDS FOR SUBSTANTIAL COMMERCIAL IMPROVEMENT, THE CANAL CORPORATION, IN ADDITION TO ANY REVIEW TAKEN PURSUANT TO SECTION 14.09 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW, SHALL CONDUCT A RECONNAISSANCE LEVEL SURVEY WITHIN THREE THOUSAND FEET OF SUCH LANDS TO BE IMPROVED OF THE TYPE, LOCATION, AND SIGNIFICANCE OF HISTORIC BUILD- INGS, SITES, AND DISTRICTS LISTED ON, OR WHICH MAY BE ELIGIBLE, FOR THE STATE OR NATIONAL REGISTERS OF HISTORIC PLACES. THE FINDINGS OF SUCH SURVEY SHALL BE USED TO IDENTIFY SIGNIFICANT HISTORICAL RESOURCES AND TO DETERMINE WHETHER THE PROPOSED IMPROVEMENTS ARE COMPATIBLE WITH SUCH HISTORIC BUILDINGS, SITES, AND DISTRICTS; (N) ENTER ON ANY LANDS, WATERS, OR PREMISES FOR THE PURPOSE OF MAKING BORINGS, SOUNDINGS, AND SURVEYS; (O) ACCEPT ANY GIFTS OR ANY GRANT OF FUNDS OR PROPERTY FROM THE FEDER- AL GOVERNMENT OR FROM THE STATE OR ANY OTHER FEDERAL OR STATE PUBLIC S. 6408--A 88 A. 9008--A BODY OR POLITICAL SUBDIVISION OR ANY OTHER PERSON AND TO COMPLY WITH THE TERMS AND CONDITIONS THEREOF; AND (P) WAIVE ANY FEE FOR A WORK PERMIT WHICH IT HAS THE POWER TO ISSUE IF IN ITS DISCRETION THE PROJECT WHICH IS SUBJECT TO A WORK PERMIT WOULD ADD VALUE TO CANAL LANDS WITHOUT ANY COST TO THE CANAL CORPORATION, THE AUTHORITY, OR THE STATE. 10. (A) THE CANAL CORPORATION SHALL REVIEW THE BUDGET REQUEST SUBMIT- TED BY THE CANAL RECREATIONWAY COMMISSION PURSUANT TO SECTION ONE HUNDRED THIRTY-EIGHT-B OF THE CANAL LAW. (B) THE CANAL CORPORATION, ON OR BEFORE THE FIFTEENTH DAY OF SEPTEMBER OF EACH YEAR, SHALL SUBMIT TO THE DIRECTOR OF THE BUDGET A REQUEST FOR THE EXPENDITURE OF FUNDS AVAILABLE FROM THE NEW YORK STATE CANAL SYSTEM DEVELOPMENT FUND PURSUANT TO SECTION NINETY-TWO-U OF THE STATE FINANCE LAW OR AVAILABLE FROM ANY OTHER NON-FEDERAL SOURCES APPROPRIATED FROM THE STATE TREASURY. (C) IN THE EVENT THAT THE REQUEST SUBMITTED BY THE CANAL CORPORATION TO THE DIRECTOR OF THE BUDGET DIFFERS FROM THE REQUEST SUBMITTED BY THE COMMISSION TO THE CANAL CORPORATION, THEN THE REQUEST SUBMITTED BY THE CANAL CORPORATION TO THE DIRECTOR OF THE BUDGET SHALL SPECIFY THE DIFFERENCES AND SHALL SET FORTH THE REASONS FOR SUCH DIFFERENCES. 11. THE CANAL CORPORATION SHALL NOT HAVE THE POWER TO ISSUE BONDS, NOTES, OR OTHER EVIDENCES OF INDEBTEDNESS; PROVIDED THAT NOTWITHSTANDING THE FOREGOING, THE CANAL CORPORATION MAY AGREE TO REPAY AMOUNTS ADVANCED TO THE CANAL CORPORATION BY THE AUTHORITY AND TO EVIDENCE SUCH AGREEMENT BY DELIVERY OF A PROMISSORY NOTE OR NOTES TO THE AUTHORITY. 12. THE CANAL CORPORATION MAY DO ANY AND ALL THINGS NECESSARY OR CONVENIENT TO CARRY OUT AND EXERCISE THE POWERS GIVEN AND GRANTED BY THIS SECTION. 13. THE AUTHORITY AND ALL OTHER STATE OFFICERS, DEPARTMENTS, BOARDS, DIVISIONS, COMMISSIONS, PUBLIC AUTHORITIES, AND PUBLIC BENEFIT CORPO- RATIONS MAY RENDER SUCH SERVICES TO THE CANAL CORPORATION WITHIN THEIR RESPECTIVE FUNCTIONS AS MAY BE REQUESTED BY THE CANAL CORPORATION. 14. WHENEVER ANY STATE POLITICAL SUBDIVISION, MUNICIPALITY, COMMIS- SION, AGENCY, OFFICER, DEPARTMENT, BOARD, DIVISION, OR PERSON IS AUTHOR- IZED AND EMPOWERED FOR ANY OF THE PURPOSES OF THIS TITLE TO COOPERATE AND ENTER INTO AGREEMENTS WITH THE AUTHORITY, SUCH STATE POLITICAL SUBDIVISION, MUNICIPALITY, COMMISSION, AGENCY, OFFICER, DEPARTMENT, BOARD, DIVISION, OR PERSON SHALL HAVE THE SAME AUTHORIZATION AND POWER FOR ANY SUCH PURPOSES TO COOPERATE AND ENTER INTO AGREEMENTS WITH THE CANAL CORPORATION. S 23. The public authorities law is amended by adding a new section 1005-c to read as follows: S 1005-C. ADDITIONAL POWERS OF THE AUTHORITY TO FINANCE CERTAIN PROJECTS IN CONNECTION WITH THE NEW YORK STATE CANAL SYSTEM. 1. (A) THE AUTHORITY IS HEREBY AUTHORIZED, AS AN ADDITIONAL CORPORATE PURPOSE THER- EOF, TO ISSUE ITS BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS IN CONFORMITY WITH APPLICABLE PROVISIONS OF THE UNIFORM COMMERCIAL CODE FOR PURPOSES OF FINANCING THE CONSTRUCTION, RECONSTRUCTION, DEVELOPMENT AND IMPROVEMENT OF THE NEW YORK STATE CANAL SYSTEM. (B) THE AUTHORITY SHALL ISSUE ANY SUCH BONDS, NOTES, OR EVIDENCES OF INDEBTEDNESS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION ON A BASIS SUBORDINATE IN LIEN AND PRIORITY OF PAYMENT TO THE AUTHORITY'S SENIOR LIEN INDEBTEDNESS AS THE AUTHORITY SHALL PROVIDE BY RESOLUTION. 2. ALL OF THE PROVISIONS OF THIS TITLE RELATING TO BONDS, NOTES AND OTHER EVIDENCE OF INDEBTEDNESS, WHICH ARE NOT INCONSISTENT WITH THIS SECTION, SHALL APPLY TO OBLIGATIONS AUTHORIZED BY THIS SECTION, INCLUD- S. 6408--A 89 A. 9008--A ING BUT NOT LIMITED TO THE POWER TO ISSUE RENEWAL NOTES OR REFUNDING BONDS THEREOF. 3. SUBJECT TO AGREEMENTS WITH NOTEHOLDERS OR BONDHOLDERS, THE AUTHORI- TY SHALL HAVE THE AUTHORITY TO FIX AND COLLECT SUCH FEES, RENTALS AND CHARGES FOR THE USE OF THE CANAL SYSTEM OR ANY PART THEREOF NECESSARY OR CONVENIENT, WITH AN ADEQUATE MARGIN OF SAFETY, TO PRODUCE SUFFICIENT REVENUE TO MEET THE EXPENSE OF MAINTENANCE AND OPERATION AND TO FULFILL THE TERMS OF ANY AGREEMENTS MADE WITH THE HOLDERS OF ITS NOTES OR BONDS, AND TO ESTABLISH THE RIGHTS AND PRIVILEGES GRANTED UPON PAYMENT THEREOF; PROVIDED, HOWEVER, THAT TOLLS MAY ONLY BE IMPOSED FOR THE PASSAGE THROUGH LOCKS AND LIFT BRIDGES BY VESSELS WHICH ARE PROPELLED IN WHOLE OR IN PART BY MECHANICAL POWER. S 24. Paragraph (i) of subdivision 1 of section 19 of the public offi- cers law, as added by chapter 115 of the laws of 2000, is REPEALED and a new paragraph (j) is added to read as follows: (J) FOR PURPOSES OF THIS SECTION, THE TERM "EMPLOYEE" SHALL INCLUDE DIRECTORS, OFFICERS AND EMPLOYEES OF THE THRUWAY AUTHORITY, AND THE DIRECTORS, OFFICERS AND EMPLOYEES OF THE CANAL CORPORATION. IN THOSE CASES WHERE THE DEFINITION OF THE TERM "EMPLOYEE" PROVIDED IN THIS PARA- GRAPH IS APPLICABLE, THE TERM "STATE", AS UTILIZED IN SUBDIVISIONS TWO, THREE, AND FOUR OF THIS SECTION, SHALL MEAN THE THRUWAY AUTHORITY WHEN THE EMPLOYEE IS A DIRECTOR, OFFICER, OR EMPLOYEE OF THE THRUWAY AUTHORI- TY, OR THE CANAL CORPORATION, WHEN THE EMPLOYEE IS A DIRECTOR, OFFICER, OR EMPLOYEE OF THE CANAL CORPORATION. S 25. Subdivisions 9 and 10 of section 481 of the transportation law, as added by section 1 of part A of chapter 60 of the laws of 2005, are amended to read as follows: 9. "Canal corporation" shall mean the New York state canal corporation created [pursuant to section three hundred eighty-two] AS A SUBSIDIARY CORPORATION OF THE NEW YORK STATE THRUWAY AUTHORITY PURSUANT TO CHAPTER SEVEN HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO AND CONTINUED AND RECONSTITUTED AS A SUBSIDIARY CORPORATION OF THE POWER AUTHORITY OF THE STATE OF NEW YORK PURSUANT TO SUBDIVISION ONE OF SECTION ONE THOUSAND FIVE-B of the public authorities law. 10. "Canal system" shall mean the "New York state canal system"[, as such term is defined by subdivision ten of section three hundred fifty- one of the public authorities law] SHALL MEAN ALL OF THE CANALS, CANAL LANDS, FEEDER CANALS, RESERVOIRS, CANAL TERMINALS, CANAL TERMINAL LANDS AND OTHER PROPERTY UNDER THE JURISDICTION OF THE CANAL CORPORATION OF THE STATE OF NEW YORK PURSUANT TO ARTICLE ONE-A OF THE CANAL LAW. S 26. Section 33.01 of the parks, recreation and historic preservation law, as amended by chapter 317 of the laws of 2009, is amended to read as follows: S 33.01 New York state heritage areas advisory council. There shall continue to be in the office a New York state heritage areas advisory council which shall consist of twenty-six members or their designated representatives. The commissioner shall be a member of the advisory council. In addition, the advisory council shall consist of the follow- ing twenty-five other members: the commissioner of economic development, to advise and assist regarding related tourism and economic revitaliza- tion; the commissioner of education, to advise and assist regarding the interpretive and educational aspects of the programs; the secretary of state, to advise and assist regarding matters of community development and state planning and to advise on the identification and preservation of rural resources; the commissioner of transportation, to advise and assist regarding matters of transportation to and within heritage areas; S. 6408--A 90 A. 9008--A the president of the New York state urban development corporation, to advise and assist regarding matters of economic development; the commis- sioner of environmental conservation, to advise and assist regarding matters of conservation and use of natural resources; the chairman of the state board for historic preservation, to advise and assist in matters regarding historic preservation; the commissioner of housing and community renewal to advise and assist regarding neighborhood and commu- nity development and preservation programs; the [chairman of the New York state thruway authority] PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE POWER AUTHORITY OF THE STATE OF NEW YORK regarding the operation of the New York state canal system; the commissioner of agriculture and markets regarding agriculture in heritage areas; a representative of the State Heritage Area Association; the director or chief executive officer of the Hudson River National Heritage Area, the Erie Canalway National Heritage Corridor, the Champlain Valley National Heritage Partnership and the Niagara Falls National Heritage Area; and ten members to be appointed by the governor, three of such members shall be municipal officers, elected officials or representatives of local government interest and seven of such members shall be, by professional training or experience or attainment, qualified to analyze or interpret matters relevant to the establishment and maintenance of state designated herit- age areas including urban cultural parks and heritage corridors, one of whom shall be the director of a heritage area. Of these last seven, two are to be appointed from names recommended by the majority leader of the senate, two are to be appointed from names recommended by the speaker of the assembly, one is to be appointed from names recommended by the minority leader of the senate and one is to be appointed from names recommended by the minority leader of the assembly. The governor may designate such ex-officio members who shall be from the executive department, state agencies or public corporations as he or she deems appropriate; provided that such ex-officio members shall not vote on matters before the advisory council. For the ten members appointed by the governor, each shall hold office for a term of five years and until his or her successor shall have been appointed or until he or she shall resign. The members of the advisory council shall elect a chair from amongst its members for a term of three years. Eleven members of the advisory council shall constitute a quorum for the transaction of any business at both regular and special meetings. Any ex-officio member may delegate all his or her duties of membership, including voting rights, to an officer or employee of such member's organization. No member shall receive any compensation. S 27. Paragraph (h-1) of subdivision 2 of section 35.07 of the parks, recreation and historic preservation law, as amended by chapter 666 of the laws of 1994, is amended to read as follows: (h-1) [Chairman of the New York state thruway authority] PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE POWER AUTHORITY OF THE STATE OF NEW YORK regarding [its] operation of the New York state canal system; S 28. Notwithstanding any other provision of law, the power authority of the state of New York (power authority) and the New York state thru- way authority (thruway authority) are hereby authorized to enter into an agreement, effective April 1, 2016, whereby the power authority shall reimburse the thruway authority, monthly, for any and all operating and capital costs, expended by the thruway authority for the operation and maintenance of the New York state canal system (canal system), and the operation of the New York state canal corporation (canal corporation), for the period of April 1, 2016 through January 1, 2017. The thruway S. 6408--A 91 A. 9008--A authority shall provide the power authority with a monthly report of all expenditures related to the canal corporation and the canal system, and provide access to all necessary financial records to carry out the intent of this section. S 29. This act, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes there- of. S 30. This act shall take effect on January 1, 2017; provided, howev- er, that sections five and twenty-eight of this act shall take effect immediately. PART R Section 1. Short title. This act shall be known and may be cited as the "private activity bond allocation act of 2016". S 2. Legislative findings and declaration. The legislature hereby finds and declares that the federal tax reform act of 1986 established a statewide bond volume ceiling on the issuance of certain tax exempt private activity bonds and notes and, under certain circumstances, governmental use bonds and notes issued by the state and its public authorities, local governments, agencies which issue on behalf of local governments, and certain other issuers. The federal tax reform act establishes a formula for the allocation of the bond volume ceiling which was subject to temporary modification by gubernatorial executive order until December 31, 1987. That act also permits state legislatures to establish, by statute, an alternative formula for allocating the volume ceiling. Bonds and notes subject to the volume ceiling require an allocation from the state's annual volume ceiling in order to qualify for federal tax exemption. It is hereby declared to be the policy of the state to maximize the public benefit through the issuance of private activity bonds for the purposes of, among other things, allocating a fair share of the bond volume ceiling upon initial allocation and from a bond reserve to local agencies and for needs identified by local governments; providing hous- ing and promoting economic development; job creation; an economical energy supply; and resource recovery and to provide for an orderly and efficient volume ceiling allocation process for state and local agencies by establishing an alternative formula for making such allocations. S 3. Definitions. As used in this act, unless the context requires otherwise: 1. "Bonds" means bonds, notes or other obligations. 2. "Carryforward" means an amount of unused private activity bond ceiling available to an issuer pursuant to an election filed with the internal revenue service pursuant to section 146(f) of the code. 3. "Code" means the internal revenue code of 1986, as amended. 4. "Commissioner" means the commissioner of the New York state depart- ment of economic development. 5. "Covered bonds" means those tax exempt private activity bonds and that portion of the non-qualified amount of an issue of governmental use bonds for which an allocation of the statewide ceiling is required for the interest earned by holders of such bonds to be excluded from the gross income of such holders for federal income tax purposes under the code. 6. "Director" means the director of the New York state division of the budget. 7. "Issuer" means a local agency, state agency or other issuer. S. 6408--A 92 A. 9008--A 8. "Local agency" means an industrial development agency established or operating pursuant to article 18-A of the general municipal law, the Troy industrial development authority and the Auburn industrial develop- ment authority. 9. "Other issuer" means any agency, political subdivision or other entity, other than a local agency or state agency, that is authorized to issue covered bonds. 10. "Qualified small issue bonds" means qualified small issue bonds, as defined in section 144(a) of the code. 11. "State agency" means the state of New York, the New York state energy research and development authority, the New York job development authority, the New York state environmental facilities corporation, the New York state urban development corporation and its subsidiaries, the Battery Park city authority, the port authority of New York and New Jersey, the power authority of the state of New York, the dormitory authority of the state of New York, the New York state housing finance agency, the state of New York mortgage agency, and any other public benefit corporation or public authority designated by the governor for the purposes of this act. 12. "Statewide ceiling" means for any calendar year the highest state ceiling (as such term is used in section 146 of the code) applicable to New York state. 13. "Future allocations" means allocations of statewide ceiling for up to two future years. 14. "Multi-year housing development project" means a project (a) which qualifies for covered bonds; (b) which is to be constructed over two or more years; and (c) in which at least twenty percent of the dwelling units will be occupied by persons and families of low income. S 4. Local agency set-aside. (a) A set-aside of statewide ceiling for local agencies for any calendar year shall be an amount which bears the same ratio to one-third of the statewide ceiling as the population of the jurisdiction of such local agency bears to the population of the entire state. The commissioner shall administer allocations of such set-aside to local agencies. (b) Any financings or bond issuances that utilize the local agency set-aside authorized by this section and executed by entities or succes- sor entities defined by subdivisions 8 and 9 of section 3 of this act, including entities established pursuant to article 18-A of the general municipal law, and corporations established pursuant to section 1411 of the not-for-profit corporation law and article 12 of the private housing finance law, shall be subject to the provisions of article 1-A of the public authorities law. S 5. State agency set-aside. A set-aside of statewide ceiling for all state agencies for any calendar year shall be one-third of the statewide ceiling. The director shall administer allocations of such set-aside to state agencies and may grant an allocation to any state agency upon receipt of an application in such form as the director shall require. S 6. Statewide bond reserve. One-third of the statewide ceiling is hereby set aside as a statewide bond reserve to be administered by the director. 1. Allocation of the statewide bond reserve among state agen- cies, local agencies and other issuers. The director shall transfer a portion of the statewide bond reserve to the commissioner for allocation to and use by local agencies and other issuers in accordance with the terms of this section. The remainder of the statewide bond reserve may S. 6408--A 93 A. 9008--A be allocated by the director to state agencies in accordance with the terms of this section. 2. Allocation of statewide bond reserve to local agencies or other issuers. (a) Local agencies or other issuers may at any time apply to the commissioner for an allocation from the statewide bond reserve. Such application shall demonstrate: (i) that the requested allocation is required under the code for the interest earned on the bonds to be excluded from the gross income of bondholders for federal income tax purposes; (ii) that the local agency's remaining unused allocation provided pursuant to section four of this act, and other issuer's remaining unused allocation, or any available carryforward will be insufficient for the specific project or projects for which the reserve allocation is requested; and (iii) that, except for those allocations made pursuant to section twelve of this act to enable carryforward elections, the requested allo- cation is reasonably expected to be used during the calendar year, and the requested future allocation is reasonably expected to be used in the calendar year to which the future allocation relates. (b) In reviewing and approving or disapproving applications, the commissioner shall exercise discretion to ensure an equitable distrib- ution of allocations from the statewide bond reserve to local agencies and other issuers. Prior to making a determination on such applications, the commissioner shall notify and seek the recommendation of the presi- dent and chief executive officer of the New York state housing finance agency in the case of an application related to the issuance of multi- family housing or mortgage revenue bonds, and in the case of other requests, such state officers, departments, divisions and agencies as the commissioner deems appropriate. (c) Applications for allocations shall be made in such form and contain such information and reports as the commissioner shall require. 3. Allocation of statewide bond reserve to state agencies. The direc- tor may make an allocation from the statewide bond reserve to any state agency. Before making any allocation of statewide bond reserve to state agencies the director shall be satisfied: (a) that the allocation is required under the code for the interest earned on the bonds to be excluded from the gross income of bondholders for federal income tax purposes; (b) that the state agency's remaining unused allocation provided pursuant to section five of this act or any available carryforward will be insufficient to accommodate the specific bond issue or issues for which the reserve allocation is requested; and (c) that, except for those allocations made pursuant to section twelve of this act to enable carryforward elections, the requested allocation is reasonably expected to be used during the calendar year, and the requested future allocation is reasonably expected to be used in the calendar year to which the future allocation relates. S 7. Access to employment opportunities. 1. All issuers shall require that any new employment opportunities created in connection with the industrial or manufacturing projects financed through the issuance of qualified small issue bonds shall be listed with the New York state department of labor and with the one-stop career center established pursuant to the federal workforce investment act (Pub. L. No. 105-220) serving the locality in which the employment opportunities are being created. Such listing shall be in a manner and form prescribed by the commissioner. All issuers shall further require that for any new employ- S. 6408--A 94 A. 9008--A ment opportunities created in connection with an industrial or manufac- turing project financed through the issuance of qualified small issue bonds by such issuer, industrial or manufacturing firms shall first consider persons eligible to participate in workforce investment act (Pub. L. No. 105-220) programs who shall be referred to the industrial or manufacturing firm by one-stop centers in local workforce investment areas or by the department of labor. Issuers of qualified small issue bonds are required to monitor compliance with the provisions of this section as prescribed by the commissioner. 2. Nothing in this section shall be construed to require users of qualified small issue bonds to violate any existing collective bargain- ing agreement with respect to the hiring of new employees. Failure on the part of any user of qualified small issue bonds to comply with the requirements of this section shall not affect the allocation of bonding authority to the issuer of the bonds or the validity or tax exempt status of such bonds. S 8. Overlapping jurisdictions. In a geographic area represented by a county local agency and one or more sub-county local agencies, the allo- cation granted by section four of this act with respect to such area of overlapping jurisdiction shall be apportioned one-half to the county local agency and one-half to the sub-county local agency or agencies. Where there is a local agency for the benefit of a village within the geographic area of a town for the benefit of which there is a local agency, the allocation of the village local agency shall be based on the population of the geographic area of the village, and the allocation of the town local agency shall be based upon the population of the geographic area of the town outside of the village. Notwithstanding the foregoing, a local agency may surrender all or part of its allocation for such calendar year to another local agency with an overlapping jurisdiction. Such surrender shall be made at such time and in such manner as the commissioner shall prescribe. S 9. Ineligible local agencies. To the extent that any allocation of the local agency set-aside would be made by this act to a local agency which is ineligible to receive such allocation under the code or under regulations interpreting the state volume ceiling provisions of the code, such allocation shall instead be made to the political subdivision for whose benefit that local agency was created. S 10. Municipal reallocation. The chief executive officer of any poli- tical subdivision or, if such political subdivision has no chief execu- tive officer, the governing board of the political subdivision for the benefit of which a local agency has been established, may withdraw all or any portion of the allocation granted by section four of this act to such local agency. The political subdivision may then reallocate all or any portion of such allocation, as well as all or any portion of the allocation received pursuant to section nine of this act, to itself or any other issuer established for the benefit of that political subdivi- sion or may assign all or any portion of the allocation received pursu- ant to section nine of this act to the local agency created for its benefit. The chief executive officer or governing board of the political subdivision, as the case may be, shall notify, and receive prior approval from the commissioner before any such reallocation. S 11. Future allocations for multi-year housing development projects. 1. In addition to other powers granted under this act, the commissioner is authorized to make the following future allocations of statewide ceiling for any multi-year housing development project for which the commissioner also makes an allocation of statewide ceiling for the S. 6408--A 95 A. 9008--A current year under this act: (a) to local agencies from the local agen- cy set-aside (but only with the approval of the chief executive officer of the political subdivision to which the local agency set-aside relates or the governing body of a political subdivision having no chief execu- tive officer) and (b) to other issuers from that portion, if any, of the statewide bond reserve transferred to the commissioner by the director. Any future allocation made by the commissioner shall constitute an allocation of statewide ceiling for the future year specified by the commissioner and shall be deemed to have been made on the first day of the future year so specified. 2. In addition to other powers granted under this act, the director is authorized to make future allocations of statewide ceiling from the state agency set-aside or from the statewide bond reserve to state agen- cies for any multi-year housing development project for which the direc- tor also makes an allocation of statewide ceiling from the current year under this act, and is authorized to make transfers of the statewide bond reserve to the commissioner for future allocations to other issuers for multi-year housing development projects for which the commissioner has made an allocation of statewide ceiling for the current year. Any such future allocation or transfer of the statewide bond reserve for future allocation made by the director shall constitute an allocation of statewide ceiling or transfer of the statewide bond reserve for the future years specified by the director and shall be deemed to have been made on the first day of the future year so specified. 3. (a) If an allocation made with respect to a multi-year housing development project is not used by October fifteenth of the year to which the allocation relates, the allocation with respect to the then current year shall be subject to recapture in accordance with the provisions of section twelve of this act, and in the event of such a recapture, unless a carryforward election by another issuer shall have been approved by the commissioner or a carryforward election by a state agency shall have been approved by the director, all future allocations made with respect to such project pursuant to subdivision one or two of this section shall be canceled. (b) The commissioner and the director shall have the authority to make future allocations from recaptured current year allocations and canceled future allocations to multi-year housing development projects in a manner consistent with the provisions of this act. (c) The commissioner and the director shall establish procedures consistent with the provisions of this act relating to carryforward of future allocations. 4. The aggregate future allocations from either of the two succeeding years shall not exceed six hundred fifty million dollars for each such year. S 12. Year end allocation recapture. On or before October first of each year, each state agency shall report to the director and each local agency and each other issuer shall report to the commissioner the amount of bonds subject to allocation under this act that will be issued prior to the end of the then current calendar year, and the amount of the issuer's then total allocation that will remain unused. As of October fifteenth of each year, the unused portion of each local agency's and other issuer's then total allocation as reported and the unallocated portion of the set-aside for state agencies shall be recaptured and added to the statewide bond reserve and shall no longer be available to covered bond issuers except as otherwise provided herein. From October S. 6408--A 96 A. 9008--A fifteenth through the end of the year, each local agency or other issuer having an allocation shall immediately report to the commissioner and each state agency having an allocation shall immediately report to the director any changes to the status of its allocation or the status of projects for which allocations have been made which should affect the timing or likelihood of the issuance of covered bonds therefor. If the commissioner determines that a local agency or other issuer has overes- timated the amount of covered bonds subject to allocation that will be issued prior to the end of the calendar year, the commissioner may recapture the amount of the allocation to such local agency or other issuer represented by such overestimation by notice to the local agency or other issuer, and add such allocation to the statewide bond reserve. The director may likewise make such determination and recapture with respect to state agency allocations. S 13. Allocation carryforward. 1. No local agency or other issuer shall make a carryforward election utilizing any unused allocation (pursuant to section 146(f) of the code) without the prior approval of the commissioner. Likewise no state agency shall make or file such an election, or elect to issue or carryforward mortgage credit certif- icates, without the prior approval of the director. 2. On or before November fifteenth of each year, each state agency seeking unused statewide ceiling for use in future years shall make a request for an allocation for a carryforward to the director, whose approval shall be required before a carryforward election is filed by or on behalf of any state agency. A later request may also be considered by the director, who may file a carryforward election for any state agency with the consent of such agency. 3. On or before November fifteenth of each year, each local agency or other issuer seeking unused statewide ceiling for use in future years shall make a request for an allocation for a carryforward to the commis- sioner, whose approval shall be required before a carryforward election is filed by or on behalf of any local or other agency. A later request may also be considered by the commissioner. S 14. New York state bond allocation policy advisory panel. 1. There is hereby created a policy advisory panel and process to provide policy advice regarding the priorities for distribution of the statewide ceil- ing. 2. The panel shall consist of five members, one designee being appointed by each of the following: 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. The designee of the governor shall chair the panel. The panel shall monitor the allocation process through the year, and in that regard, the division of the budget and the department of economic development shall assist and cooperate with the panel as provided in this section. The advisory process shall operate through the issuance of advisory opinions by members of the panel as provided in subdivisions six and seven of this section. A meet- ing may be held at the call of the chair with the unanimous consent of the members. 3. (a) Upon receipt of a request for allocation or a request for approval of a carryforward election from the statewide reserve from a local agency or other issuer, the commissioner shall, within five work- ing days, notify the panel of such request and provide the panel with copies of all application materials submitted by the applicant. (b) Upon receipt of a request for allocation or a request for approval of carryforward election from the statewide reserve from a state agency, S. 6408--A 97 A. 9008--A the director shall, within five working days, notify the panel of such request and provide the panel with copies of all application materials submitted by the applicant. 4. (a) Following receipt of a request for allocation from a local agency or other issuer, the commissioner shall notify the panel of a decision to approve or exclude from further consideration such request, and the commissioner shall state the reasons. Such notification shall be made with or after the transmittal of the information specified in subdivision three of this section and at least five working days before formal notification is made to the applicant. (b) Following receipt of a request for allocation from a state agency, the director shall notify the panel of a decision to approve or exclude from further consideration such request, and shall state the reasons. Such notification shall be made with or after the transmission of the information specified in subdivision three of this section and at least five working days before formal notification is made to the state agen- cy. 5. The requirements of subdivisions three and four of this section shall not apply to adjustments to allocations due to bond sizing chang- es. 6. In the event that any decision to approve or to exclude from further consideration a request for allocation is made within ten work- ing days of the end of the calendar year and in the case of all requests for consent to a carryforward election, the commissioner or director, as is appropriate, shall provide the panel with the longest possible advance notification of the action, consistent with the requirements of the code, and shall, wherever possible, solicit the opinions of the members of the panel before formally notifying any applicant of the action. Such notification may be made by means of telephone communi- cation to the members or by written notice delivered to the Albany office of the appointing authority of the respective members. 7. Upon notification by the director or the commissioner, any member of the panel may, within five working days, notify the commissioner or the director of any policy objection concerning the expected action. If three or more members of the panel shall submit policy objections in writing to the intended action, the commissioner or the director shall respond in writing to the objection prior to taking the intended action unless exigent circumstances make it necessary to respond after the action has been taken. 8. On or before the first day of July, in any year, the director shall report to the members of the New York state bond allocation policy advi- sory panel on the actual utilization of volume cap for the issuance of bonds during the prior calendar year and the amount of such cap allo- cated for carryforwards for future bond issuance. The report shall include, for each local agency or other issuer and each state agency the initial allocation, the amount of bonds issued subject to the allo- cation, the amount of the issuer's allocation that remained unused, the allocation of the statewide bond reserve, carryforward allocations and recapture of allocations. Further, the report shall include projections regarding private activity bond issuance for state and local issuers for the calendar year, as well as any recommendations for legislative action. S 15. Severability. If any clause, sentence, paragraph, section, or part of this act shall be adjudged by any court of competent jurisdic- tion to be invalid, such judgment shall not affect, impair, or invali- date the remainder thereof, but shall be confined in its operation to S. 6408--A 98 A. 9008--A the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. S 16. Chapter 49 of the laws of 2014 is REPEALED. S 17. Section 51 of the public authorities law is amended by adding a new subdivision 6 to read as follows: 6. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, THE BOARD SHALL HAVE THE POWER AND IT SHALL BE ITS DUTY TO RECEIVE APPLICATIONS FOR APPROVAL FOR ANY FINANCING OR BOND ISSUANCES THAT UTILIZE THE LOCAL AGENCY SET- ASIDE, AS AUTHORIZED BY THE "PRIVATE ACTIVITY BOND ALLOCATION ACT OF 2016", EXECUTED BY ENTITIES OR SUCCESSOR ENTITIES AS DEFINED BY SUBDIVI- SIONS EIGHT AND NINE OF SECTION THREE OF THAT ACT, INCLUDING ENTITIES ESTABLISHED PURSUANT TO ARTICLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW, AND CORPORATIONS ESTABLISHED PURSUANT TO SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW AND ARTICLE TWELVE OF THE PRIVATE HOUSING FINANCE LAW. S 18. This act shall take effect immediately. PART S Section 1. Section 258-aa and article 25 of the agriculture and markets law are REPEALED. S 2. Section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, is amended by adding three new sections 16-x, 16-y and 16-z to read as follows: S 16-X. DAIRY PROMOTION ACT. 1. DECLARATION OF POLICY. (A) IT IS HERE- BY DECLARED THAT THE MISSION OF THE CORPORATION IS TO PROMOTE A VIGOROUS AND GROWING STATE ECONOMY. IN IMPLEMENTING THIS MISSION, THE CORPORATION HAS UNDERTAKEN A VIGOROUS CAMPAIGN TO MARKET THE STATE'S ASSETS AND, BY CARRYING OUT THE PROVISIONS OF THIS SECTION, WOULD FURTHER THIS MISSION BY PROMOTING THE STATE'S DAIRY INDUSTRY. (B) IT IS FURTHER DECLARED THAT THE CONTINUED EXISTENCE OF THE STATE DAIRY INDUSTRY, AND THE CONTINUED PRODUCTION OF MILK ON THE FARMS OF THIS STATE, IS OF VAST ECONOMIC IMPORTANCE TO THE STATE AND TO THE HEALTH AND WELFARE OF THE INHABITANTS THEREOF; THAT IT IS ESSENTIAL, IN ORDER TO ASSURE SUCH CONTINUED PRODUCTION OF MILK AND ITS HANDLING AND DISTRIBUTION, THAT PRICES TO PRODUCERS BE SUCH AS TO RETURN REASONABLE COSTS OF PRODUCTION, AND AT THE SAME TIME TO ASSURE AN ADEQUATE SUPPLY OF MILK AND DAIRY PRODUCTS TO CONSUMERS AT REASONABLE PRICES; AND TO THESE ENDS IT IS ESSENTIAL THAT CONSUMERS AND OTHERS BE ADEQUATELY INFORMED AS TO THE DIETARY NEEDS AND ADVANTAGES OF MILK AND DAIRY PRODUCTS AND AS TO THE ECONOMIES RESULTING FROM THE USE OF MILK AND DAIRY PRODUCTS, AND TO COMMAND FOR MILK AND DAIRY PRODUCTS, CONSUMER ATTENTION AND DEMAND CONSISTENT WITH THEIR IMPORTANCE AND VALUE. IT IS FURTHER DECLARED THAT CONTINUED DECLINE IN THE CONSUMPTION OF FLUID MILK AND SOME OTHER DAIRY PRODUCTS WILL JEOPARDIZE THE PRODUCTION OF ADEQUATE SUPPLIES OF MILK AND DAIRY PRODUCTS BECAUSE OF INCREASING SURPLUSES NECESSARILY RETURNING LESS TO PRODUCERS; AND THAT CONTINUED ADEQUATE SUPPLIES OF MILK AND DAIRY PRODUCTS IS A MATTER OF VITAL CONCERN AS AFFECTING THE HEALTH AND GENERAL WELFARE OF THE PEOPLE OF THIS STATE. IT IS THEREFORE DECLARED TO BE THE LEGISLATIVE INTENT AND POLICY OF THE STATE: (I) TO ENABLE MILK PRODUCERS AND OTHERS IN THE DAIRY INDUSTRY, WITH THE AID OF THE STATE, TO MORE EFFECTIVELY PROMOTE THE CONSUMPTION OF MILK AND DAIRY PRODUCTS, S. 6408--A 99 A. 9008--A (II) TO PROVIDE METHODS AND MEANS FOR THE DEVELOPMENT OF NEW AND IMPROVED DAIRY PRODUCTS, AND TO PROMOTE THEIR USE, AND (III) TO THIS END, TO ELIMINATE THE POSSIBLE IMPAIRMENT OF THE PURCHASING POWER OF THE MILK PRODUCERS OF THIS STATE AND TO ASSURE AN ADEQUATE SUPPLY OF MILK FOR CONSUMERS AT REASONABLE PRICES. 2. DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "PRESIDENT" MEANS THE PRESIDENT OF THE CORPORATION. (B) "DAIRY PRODUCTS" MEANS MILK AND PRODUCTS DERIVED THEREFROM, AND PRODUCTS OF WHICH MILK OR A PORTION THEREOF IS A SIGNIFICANT PART. (C) "PRODUCER" MEANS ANY PERSON IN THIS STATE WHO IS ENGAGED IN THE PRODUCTION OF MILK OR WHO CAUSES MILK TO BE PRODUCED FOR ANY MARKET IN THIS OR ANY OTHER STATE. (D) "ADVISORY BOARD" MEANS THE PERSONS APPOINTED BY THE PRESIDENT FROM NOMINATIONS FROM PRODUCERS TO ASSIST THE PRESIDENT IN ADMINISTERING A DAIRY PROMOTION ORDER. (E) "MILK DEALER" MEANS ANY PERSON WHO PURCHASES OR HANDLES OR RECEIVES OR SELLS MILK, INCLUDING INDIVIDUALS, PARTNERSHIPS, CORPO- RATIONS, COOPERATIVE ASSOCIATIONS, AND UNINCORPORATED COOPERATIVE ASSO- CIATIONS. (F) "DAIRY PROMOTION ORDER" MEANS AN ORDER ISSUED BY THE PRESIDENT, PURSUANT TO THE PROVISIONS OF THIS SECTION. (G) "COOPERATIVE" MEANS AN ASSOCIATION OR FEDERATION OR COOPERATIVE OF MILK PRODUCERS ORGANIZED UNDER THE LAWS OF NEW YORK STATE, OR ANY OTHER STATE, HAVING AGREEMENTS WITH THEIR PRODUCER MEMBERS TO MARKET, BARGAIN FOR OR SELL THE MILK OF SUCH PRODUCERS, AND IS ACTUALLY PERFORMING ONE OR MORE OF THESE SERVICES IN THE MARKETING OF THE MILK PRODUCED BY THEIR MEMBERS, THROUGH THE COOPERATIVE OR THROUGH A FEDERATION OF MILK COOPER- ATIVES IN WHICH THE COOPERATIVE HAS MEMBERSHIP. (H) "STATE" MEANS THE STATE OF NEW YORK. 3. POWERS AND DUTIES OF THE PRESIDENT. (A) THE PRESIDENT SHALL ADMIN- ISTER AND ENFORCE THE PROVISIONS OF THIS SECTION. IN ORDER TO EFFECTUATE THE DECLARED POLICY OF THIS SECTION THE PRESIDENT, IN CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE AND MARKETS, MAY, AFTER DUE NOTICE AND HEARING, MAKE AND ISSUE A DAIRY PROMOTION ORDER, OR ORDERS. (B) SUCH ORDER OR ORDERS SHALL BE ISSUED AND AMENDED OR TERMINATED IN ACCORDANCE WITH THE FOLLOWING PROCEDURES: (I) BEFORE ANY SUCH ORDER MAY BECOME EFFECTIVE IT MUST BE APPROVED BY FIFTY-ONE PER CENTUM OF THE PRODUCERS OF MILK VOTING IN THE REFERENDUM FOR THE AREA TO BE REGULATED BY SUCH ORDER. SUCH REFERENDUM SHALL NOT CONSTITUTE VALID APPROVAL UNLESS FIFTY-ONE PER CENTUM OF ALL MILK PRODUCERS FOR THE AREA TO BE REGULATED VOTE IN THE REFERENDUM. PRODUCERS MAY VOTE BY INDIVIDUAL BALLOT OR THROUGH THEIR COOPERATIVES IN ACCORD- ANCE WITH THE FOLLOWING PROCEDURES: (A) COOPERATIVES MAY SUBMIT WRITTEN APPROVAL OF SUCH ORDER WITHIN A PERIOD OF ONE HUNDRED TWENTY DAYS AFTER THE PRESIDENT HAS ANNOUNCED A REFERENDUM ON A PROPOSED ORDER, FOR SUCH PRODUCERS WHO ARE LISTED AND CERTIFIED TO THE PRESIDENT AS MEMBERS OF SUCH COOPERATIVE; PROVIDED, HOWEVER, THAT ANY COOPERATIVE BEFORE SUBMITTING SUCH WRITTEN APPROVAL SHALL GIVE AT LEAST SIXTY DAYS PRIOR WRITTEN NOTICE TO EACH PRODUCER WHO IS ITS MEMBER, OF THE INTENTION OF THE COOPERATIVE TO APPROVE SUCH PROPOSED ORDER, AND FURTHER PROVIDE THAT IF SUCH COOPERATIVE DOES NOT INTEND TO APPROVE SUCH PROPOSED ORDER, IT SHALL LIKEWISE GIVE WRITTEN NOTICE TO EACH SUCH PRODUCER WHO IS ITS MEMBER, OF ITS INTENTION NOT TO APPROVE OF SUCH PROPOSED ORDER. S. 6408--A 100 A. 9008--A (B) ANY PRODUCER MAY OBTAIN A BALLOT FROM THE PRESIDENT SO THAT HE OR SHE MAY REGISTER HIS OR HER OWN APPROVAL OR DISAPPROVAL OF THE PROPOSED ORDER. (C) A PRODUCER WHO IS A MEMBER OF A COOPERATIVE WHICH HAS NOTIFIED HIM OR HER OF ITS INTENT TO APPROVE OR NOT TO APPROVE OF A PROPOSED ORDER, AND WHO OBTAINS A BALLOT AND WITH SUCH BALLOT EXPRESSES HIS OR HER APPROVAL OR DISAPPROVAL OF THE PROPOSED ORDER, SHALL NOTIFY THE PRESI- DENT AS TO THE NAME OF THE COOPERATIVE OF WHICH HE OR SHE IS A MEMBER, AND THE PRESIDENT SHALL REMOVE SUCH PRODUCER'S NAME FROM THE LIST CERTI- FIED BY SUCH COOPERATIVE. (D) IN ORDER TO ENSURE THAT ALL MILK PRODUCERS ARE INFORMED REGARDING A PROPOSED ORDER, THE PRESIDENT SHALL NOTIFY ALL MILK PRODUCERS THAT AN ORDER IS BEING CONSIDERED AND THAT EACH PRODUCER MAY REGISTER HIS OR HER APPROVAL OR DISAPPROVAL WITH THE PRESIDENT EITHER DIRECTLY OR THROUGH HIS OR HER COOPERATIVE. (E) THE PRESIDENT MAY APPOINT A REFERENDUM ADVISORY COMMITTEE TO ASSIST AND ADVISE HIM OR HER IN THE CONDUCT OF THE REFERENDUM. SUCH COMMITTEE SHALL REVIEW REFERENDUM PROCEDURES AND THE TABULATION OF RESULTS, AND SHALL ADVISE THE PRESIDENT OF ITS FINDINGS. THE FINAL CERTIFICATION OF THE REFERENDUM RESULTS SHALL BE MADE BY THE PRESIDENT. THE COMMITTEE SHALL CONSIST OF NOT LESS THAN THREE MEMBERS, NONE OF WHOM SHALL BE PERSONS DIRECTLY AFFECTED BY THE PROMOTION ORDER BEING VOTED UPON. TWO MEMBERS SHALL BE REPRESENTATIVES OF GENERAL FARM ORGANIZA- TIONS WHICH ARE NOT DIRECTLY AFFECTED BY THE ORDER BEING VOTED UPON. THE MEMBERS OF THE COMMITTEE SHALL NOT RECEIVE A SALARY BUT SHALL BE ENTI- TLED TO ACTUAL AND REASONABLE EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES. (II) THE PRESIDENT MAY, AND UPON WRITTEN PETITION OF NOT LESS THAN TEN PER CENTUM OF THE PRODUCERS IN THE AREA, EITHER AS INDIVIDUALS OR THROUGH COOPERATIVE REPRESENTATION, SHALL CALL A HEARING TO AMEND OR TERMINATE SUCH ORDER, AND ANY SUCH AMENDMENT OR TERMINATION SHALL BE EFFECTIVE ONLY UPON APPROVAL OF FIFTY-ONE PER CENTUM OF THE PRODUCERS OF MILK FOR THE AREA REGULATED PARTICIPATING IN A REFERENDUM VOTE AS PROVIDED PURSUANT TO THIS PARAGRAPH. (C) THE PRESIDENT SHALL ADMINISTER AND ENFORCE ANY SUCH DAIRY PROMOTION ORDER WHILE IT IS IN EFFECT, FOR THE PURPOSE OF: (I) ENCOURAGING THE CONSUMPTION OF MILK AND DAIRY PRODUCTS BY ACQUAINTING CONSUMERS AND OTHERS WITH THE ADVANTAGES AND ECONOMY OF USING MORE OF SUCH PRODUCTS, (II) PROTECTING THE HEALTH AND WELFARE OF CONSUMERS BY ASSURING AN ADEQUATE SUPPLY OF MILK AND DAIRY PRODUCTS, (III) PROVIDING FOR RESEARCH PROGRAMS DESIGNED TO DEVELOP NEW AND IMPROVED DAIRY PRODUCTS, (IV) PROVIDING FOR RESEARCH PROGRAMS DESIGNED TO ACQUAINT CONSUMERS AND THE PUBLIC GENERALLY WITH THE EFFECTS OF THE USE OF MILK AND DAIRY PRODUCTS ON THE HEALTH OF SUCH CONSUMERS, (V) CARRYING OUT, IN OTHER WAYS, THE DECLARED POLICY AND INTENT OF THIS SECTION. 4. PROVISIONS OF DAIRY PROMOTION ORDERS. ANY DAIRY PROMOTION ORDER OR ORDERS MAY CONTAIN, AMONG OTHERS, ANY OR ALL OF THE FOLLOWING: (A) PROVISION FOR LEVYING AN ASSESSMENT AGAINST ALL PRODUCERS SUBJECT TO THE REGULATION FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF SUCH ORDER AND TO PAY THE COST OF ADMINISTERING AND ENFORCING SUCH ORDER. IN ORDER TO COLLECT ANY SUCH ASSESSMENTS, PROVISION SHALL BE MADE FOR EACH MILK DEALER WHO RECEIVES MILK FROM PRODUCERS TO DEDUCT THE AMOUNT OF ASSESSMENT FROM MONEYS OTHERWISE DUE TO PRODUCERS FOR THE MILK SO DELIV- S. 6408--A 101 A. 9008--A ERED. THE RATE OF SUCH ASSESSMENT SHALL NOT EXCEED TWO PERCENT PER HUNDREDWEIGHT OF THE GROSS VALUE OF THE PRODUCERS' MILK, AND THERE MAY BE CREDITED AGAINST ANY SUCH ASSESSMENT THE AMOUNTS PER HUNDREDWEIGHT OTHERWISE PAID BY ANY PRODUCER COVERED BY THE ORDER BY VOLUNTARY CONTRIBUTION OR OTHERWISE PURSUANT TO ANY OTHER FEDERAL OR STATE MILK MARKET ORDER FOR ANY SIMILAR RESEARCH PROMOTION OR ADVERTISING PROGRAM. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION, THE PRESIDENT, UPON WRITTEN PETITION OF NO LESS THAN TWEN- TY-FIVE PERCENT OF PRODUCERS IN THE AREA, EITHER AS INDIVIDUALS OR THROUGH COOPERATIVE REPRESENTATION, MAY CALL A HEARING FOR THE SOLE PURPOSE OF ESTABLISHING A NEW RATE OF ASSESSMENT HEREUNDER AND MAY SUBMIT A PROPOSED CHANGE IN THE RATE OF ASSESSMENT TO THE PRODUCERS FOR ACCEPTANCE OR REJECTION WITHOUT OTHERWISE AFFECTING THE ORDER. THE PRODUCERS IN THE AREA MAY VOTE ON THE PROPOSED RATE EITHER AS INDIVID- UALS OR THROUGH COOPERATIVE REPRESENTATION. NOTWITHSTANDING THE FOREGO- ING PROVISIONS OF THIS PARAGRAPH AND OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION, OR THE PROVISIONS OF ANY ORDER PROMULGATED PURSU- ANT TO THIS SECTION, THE RATE OF ASSESSMENT, FOR ANY PERIOD DURING WHICH A DAIRY PRODUCTS PROMOTION AND RESEARCH ORDER ESTABLISHED PURSUANT TO THE FEDERAL DAIRY AND TOBACCO ADJUSTMENT ACT OF 1983 IS IN EFFECT, SHALL NOT BE LESS THAN AN AMOUNT EQUAL TO THE MAXIMUM CREDIT WHICH PRODUCERS PARTICIPATING IN THIS STATE'S DAIRY PRODUCTS PROMOTION OR NUTRITION EDUCATION PROGRAMS MAY RECEIVE PURSUANT TO SUBDIVISION (G) OF SEC. 113 OF SAID FEDERAL ACT. (B) PROVISION FOR PAYMENTS TO ORGANIZATIONS ENGAGED IN CAMPAIGNS BY ADVERTISEMENTS OR OTHERWISE, INCLUDING PARTICIPATION IN SIMILAR REGIONAL OR NATIONAL PLANS OR CAMPAIGNS TO PROMOTE THE INCREASED CONSUMPTION OF MILK AND DAIRY PRODUCTS, TO ACQUAINT THE PUBLIC WITH THE DIETARY ADVAN- TAGES OF MILK AND DAIRY PRODUCTS AND WITH THE ECONOMY OF THEIR INCLUSION IN THE DIET AND TO COMMAND, FOR MILK AND DAIRY PRODUCTS, CONSUMER ATTEN- TION CONSISTENT WITH THEIR IMPORTANCE AND VALUE. (C) PROVISION FOR PAYMENTS TO INSTITUTIONS OR ORGANIZATIONS ENGAGED IN RESEARCH LEADING TO THE DEVELOPMENT OF NEW OR IMPROVED DAIRY PRODUCTS OR RESEARCH WITH RESPECT TO THE VALUE OF MILK AND DAIRY PRODUCTS IN THE HUMAN DIET. (D) PROVISION FOR REQUIRING RECORDS TO BE KEPT AND REPORTS TO BE FILED BY MILK DEALERS WITH RESPECT TO MILK RECEIVED FROM PRODUCERS AND WITH RESPECT TO ASSESSMENTS ON THE MILK OF SUCH PRODUCERS. (E) PROVISION FOR THE AUDITING OF THE RECORDS OF SUCH MILK DEALERS FOR THE PURPOSE OF VERIFYING PAYMENT OF PRODUCER ASSESSMENTS. (F) PROVISION FOR AN ADVISORY BOARD PURSUANT TO SUBDIVISION 10 OF THIS SECTION. (G) PROVISION FOR THE PRESIDENT TO RETAIN MONEY COLLECTED UNDER ANY MARKETING ORDER ISSUED PURSUANT TO THIS SECTION, TO DEFRAY THE COSTS AND EXPENSES IN THE ADMINISTRATION THEREOF. (H) SUCH OTHER PROVISIONS AS MAY BE NECESSARY TO EFFECTUATE THE DECLARED POLICIES OF THIS SECTION. 5. MATTERS TO BE CONSIDERED. IN CARRYING OUT THE PROVISIONS OF THIS SECTION AND PARTICULARLY IN DETERMINING WHETHER OR NOT A DAIRY PROMOTION ORDER SHALL BE ISSUED, THE PRESIDENT, IN CONSULTATION WITH THE COMMIS- SIONER OF AGRICULTURE AND MARKETS, SHALL TAKE INTO CONSIDERATION, AMONG OTHERS, FACTS AVAILABLE TO HIM OR HER WITH RESPECT TO THE FOLLOWING: (A) THE TOTAL PRODUCTION OF MILK IN THE AREA AND THE PROPORTION OF SUCH MILK BEING UTILIZED IN FLUID FORM AND IN OTHER PRODUCTS, (B) THE PRICES BEING RECEIVED FOR MILK BY PRODUCERS IN THE AREA, S. 6408--A 102 A. 9008--A (C) THE LEVEL OF CONSUMPTION PER CAPITA FOR FLUID MILK AND OF OTHER DAIRY PRODUCTS, (D) THE PURCHASING POWER OF CONSUMERS, (E) OTHER PRODUCTS WHICH COMPETE WITH MILK AND DAIRY PRODUCTS AND PRICES OF SUCH PRODUCTS. 6. INTERSTATE ORDERS FOR COMPACTS. THE PRESIDENT, IN CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE AND MARKETS, IS AUTHORIZED TO CONFER AND COOPERATE WITH THE LEGALLY CONSTITUTED AUTHORITIES OF OTHER STATES AND OF THE UNITED STATES WITH RESPECT TO THE ISSUANCE AND OPERATION OF JOINT AND CONCURRENT DAIRY PROMOTION ORDERS OR OTHER ACTIVITIES TENDING TO CARRY OUT THE DECLARED INTENT OF THE ACT. HE OR SHE MAY JOIN WITH SUCH OTHER AUTHORITIES IN CONDUCTING JOINT INVESTIGATIONS, HOLDING JOINT HEARINGS AND ISSUING JOINT OR CONCURRENT ORDER OR ORDERS COMPLEMENTARY TO THOSE OF THE FEDERAL GOVERNMENT AND SHALL HAVE THE AUTHORITY TO EMPLOY OR DESIGNATE A JOINT AGENT OR JOINT AGENCIES TO CARRY OUT AND ENFORCE SUCH JOINT, CONCURRENT OR SUPPLEMENTARY ORDERS. 7. PRIOR ASSESSMENTS. PRIOR TO THE EFFECTIVE DATE OF ANY DAIRY PROMOTION ORDER AS PROVIDED IN THIS SECTION, THE PRESIDENT MAY REQUIRE THAT COOPERATIVE ASSOCIATIONS WHICH HAVE PETITIONED FOR SUCH AN ORDER AND THAT HAVE APPROVED OF THE ISSUANCE OF SUCH AN ORDER, TO DEPOSIT WITH THE PRESIDENT SUCH AMOUNTS AS HE OR SHE MAY DEEM NECESSARY TO DEFRAY THE EXPENSE OF ADMINISTERING AND ENFORCING SUCH ORDER UNTIL SUCH TIME AS THE ASSESSMENTS AS HEREIN BEFORE PROVIDED ARE ADEQUATE FOR THAT PURPOSE. SUCH FUNDS SHALL BE RECEIVED, DEPOSITED AND DISBURSED BY THE PRESIDENT IN THE SAME MANNER AS OTHER FUNDS RECEIVED BY HIM OR HER PURSUANT TO THIS SECTION AND THE PRESIDENT SHALL REIMBURSE THOSE WHO PAID THESE PRIOR ASSESSMENTS FROM OTHER FUNDS RECEIVED BY HIM OR HER PURSUANT TO THIS SECTION. 8. STATUS OF FUNDS. ANY MONEYS COLLECTED UNDER ANY MARKET ORDER ISSUED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED TO BE STATE FUNDS AND SHALL BE DEPOSITED IN A BANK OR OTHER DEPOSITORY OF THE CORPORATION, APPROVED BY THE PRESIDENT, ALLOCATED TO EACH DAIRY PROMOTION ORDER UNDER WHICH THEY WERE COLLECTED, AND SHALL BE DISBURSED BY THE PRESIDENT ONLY FOR THE NECESSARY EXPENSES INCURRED BY THE PRESIDENT WITH RESPECT TO EACH SEPARATE ORDER, ALL IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE PRESIDENT. ALL SUCH EXPENSES SHALL BE AUDITED BY THE CORPORATION AT LEAST ANNUALLY. ANY MONEYS REMAINING IN SUCH FUND ALLOCABLE TO A PARTICULAR ORDER, AFTER THE TERMINATION OF SUCH ORDER AND NOT REQUIRED BY THE PRESIDENT TO DEFRAY THE EXPENSES OF OPERATING SUCH ORDER, MAY IN THE DISCRETION OF THE PRESIDENT BE REFUNDED ON A PRO-RATA BASIS TO ALL PERSONS FROM WHOM ASSESSMENTS THEREFOR WERE COLLECTED; PROVIDED, HOWEV- ER, THAT IF THE PRESIDENT FINDS THAT THE AMOUNTS SO REFUNDABLE ARE SO SMALL AS TO MAKE IMPRACTICABLE THE COMPUTATION AND REFUNDING OF SUCH MONEYS, THE PRESIDENT MAY USE SUCH MONEYS TO DEFRAY THE EXPENSES INCURRED BY HIM OR HER IN THE PROMULGATION, ISSUANCE, ADMINISTRATION OR ENFORCEMENT OF ANY OTHER SIMILAR DAIRY PROMOTION ORDER OR IN THE ABSENCE OF ANY OTHER SUCH DAIRY PROMOTION ORDER, THE PRESIDENT MAY PAY SUCH MONEYS TO ANY ORGANIZATION OR INSTITUTION AS PROVIDED IN PARAGRAPH (B) OR (C) OF SUBDIVISION FOUR OF THIS SECTION. 9. BUDGET. THE PRESIDENT SHALL PREPARE A BUDGET FOR THE ADMINISTRATION AND OPERATING COSTS AND EXPENSES INCLUDING ADVERTISING AND SALES PROMOTION WHEN REQUIRED IN ANY DAIRY PROMOTION ORDER EXECUTED HEREUNDER AND TO PROVIDE FOR THE COLLECTION OF SUCH NECESSARY FEES OR ASSESSMENTS TO DEFRAY COSTS AND EXPENSES, IN NO CASE TO EXCEED TWO PERCENT PER HUNDREDWEIGHT OF THE GROSS VALUE OF MILK MARKETED BY PRODUCERS IN THE AREA COVERED BY THE ORDER. S. 6408--A 103 A. 9008--A 10. ADVISORY BOARD. (A) ANY DAIRY PROMOTION ORDER ISSUED PURSUANT TO THIS SECTION SHALL PROVIDE FOR THE ESTABLISHMENT OF AN ADVISORY BOARD TO ADVISE AND ASSIST THE PRESIDENT IN THE ADMINISTRATION OF SUCH ORDER. THIS BOARD SHALL CONSIST OF NOT LESS THAN FIVE MEMBERS AND SHALL BE APPOINTED BY THE PRESIDENT FROM NOMINATIONS SUBMITTED BY PRODUCERS MARKETING MILK IN THE AREA TO WHICH THE ORDER APPLIES. NOMINATING PROCE- DURE, QUALIFICATION, REPRESENTATION, AND SIZE OF THE ADVISORY BOARD SHALL BE PRESCRIBED IN THE ORDER FOR WHICH SUCH BOARD WAS APPOINTED. (B) NO MEMBER OF AN ADVISORY BOARD SHALL RECEIVE A SALARY BUT SHALL BE ENTITLED TO HIS OR HER ACTUAL AND REASONABLE EXPENSES INCURRED WHILE PERFORMING HIS OR HER DUTIES AS AUTHORIZED IN THIS SECTION. (C) THE DUTIES AND RESPONSIBILITIES OF THE ADVISORY BOARD SHALL BE PRESCRIBED BY THE PRESIDENT AND HE OR SHE MAY SPECIFICALLY DELEGATE TO THE ADVISORY BOARD, BY INCLUSION IN THE DAIRY PROMOTION ORDER, ALL OR ANY OF THE FOLLOWING DUTIES AND RESPONSIBILITIES: (I) THE RECOMMENDATION TO THE PRESIDENT OF ADMINISTRATIVE RULES AND REGULATIONS RELATING TO THE ORDER. (II) RECOMMENDING TO THE PRESIDENT SUCH AMENDMENTS TO THE ORDER AS DEEMED ADVISABLE. (III) THE PREPARATION AND SUBMISSION TO THE PRESIDENT OF AN ESTIMATED BUDGET REQUIRED FOR THE PROPER OPERATION OF THE ORDER. (IV) RECOMMENDING TO THE PRESIDENT METHODS FOR ASSESSING PRODUCERS AND METHODS FOR COLLECTING THE NECESSARY FUNDS. (V) ASSISTING THE PRESIDENT IN THE COLLECTION AND ASSEMBLY OF INFORMA- TION AND DATA NECESSARY FOR THE PROPER ADMINISTRATION OF THE ORDER. (VI) THE PERFORMANCE OF SUCH OTHER DUTIES IN CONNECTION WITH THE ORDER AS THE PRESIDENT SHALL DESIGNATE. 11. RULES AND REGULATIONS; ENFORCEMENT. (A) THE PRESIDENT MAY, WITH THE ADVICE AND ASSISTANCE OF THE ADVISORY BOARD, MAKE AND ISSUE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO EFFECTUATE THE PROVISIONS AND INTENT OF THIS SECTION AND TO ENFORCE THE PROVISIONS OF ANY DAIRY PROMOTION ORDER, ALL OF WHICH SHALL HAVE THE FORCE AND EFFECT OF LAW. (B) THE PRESIDENT MAY INSTITUTE SUCH ACTION AT LAW OR IN EQUITY AS MAY APPEAR NECESSARY TO ENFORCE COMPLIANCE WITH ANY PROVISION OF THIS SECTION, OR ANY RULE OR REGULATION, OR DAIRY PROMOTION ORDER COMMITTED TO HIS OR HER ADMINISTRATION, AND MAY APPLY FOR RELIEF BY INJUNCTION IF NECESSARY TO PROTECT THE PUBLIC INTEREST WITHOUT BEING COMPELLED TO ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT LAW DOES NOT EXIST. SUCH APPLICATION SHALL BE MADE TO THE SUPREME COURT IN ANY DISTRICT OR COUNTY PROVIDED IN THE CIVIL PRACTICE LAW AND RULES, OR TO THE SUPREME COURT IN THE THIRD JUDICIAL DISTRICT. 12. COOPERATION BY THE DEPARTMENT OF AGRICULTURE AND MARKETS. THE PRESIDENT OF THE CORPORATION MAY REQUEST AND RECEIVE, WITHIN NINETY DAYS OF SUCH REQUEST FROM THE NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS (HEREAFTER REFERRED TO IN THIS SUBDIVISION AS THE "DEPARTMENT") SUCH ASSISTANCE, INFORMATION AND COOPERATION AS MAY BE NECESSARY FOR THE CORPORATION TO PROVIDE SERVICES WITH RESPECT TO THE ADMINISTRATION OF THE PROCEDURES SET FORTH FOR THE ISSUANCE, TERMINATION OR AMENDMENT OF ANY DAIRY PROMOTION ORDER AND/OR THE ADMINISTRATION OF ANY SUCH ORDER. THE CORPORATION SHALL RETAIN AN AMOUNT EQUAL TO THE EXPENSES INCURRED BY THE CORPORATION IN PERFORMING ITS DUTIES PURSUANT TO THIS SECTION AND REIMBURSE THE DEPARTMENT AN AMOUNT EQUAL TO THE EXPENSES INCURRED BY THE DEPARTMENT IN SUPPLYING SUCH SERVICES, SUBSEQUENT TO SUBMISSION AND AUDIT OF A VOUCHER THEREFOR. SUCH REIMBURSEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FUNDS COLLECTED BY THE CORPORATION PURSUANT TO THIS S. 6408--A 104 A. 9008--A SECTION LESS THE REASONABLE EXPENSES INCURRED BY THE CORPORATION IN PERFORMING ITS DUTIES PURSUANT TO THIS SECTION. 13. INDEMNIFICATION. THE STATE SHALL DEFEND, INDEMNIFY AND HOLD HARM- LESS THE CORPORATION, ITS DIRECTORS, OFFICERS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, COSTS AND EXPENSES WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM, OR RELATING TO, THE ADMINISTRATION OF A DAIRY PROMOTION ORDER ISSUED OR ADMINISTERED PURSUANT TO THIS SECTION. IN CONNECTION WITH THE FOREGOING, THE CORPO- RATION SHALL GIVE THE STATE (A) PROMPT WRITTEN NOTICE OF ANY ACTION, CLAIM OR THREAT OF SUIT, (B) THE OPPORTUNITY TO TAKE OVER, SETTLE OR DEFEND SUCH ACTION, CLAIM OR SUIT AT THE STATE'S SOLE EXPENSE, AND (C) ASSISTANCE IN THE DEFENSE OF ANY SUCH ACTION AT THE EXPENSE OF THE STATE. 14. CONTRACTUAL PROVISIONS. THE CORPORATION MAY CONTRACT FOR SERVICES WITH RESPECT TO THE IMPLEMENTATION OF THIS SECTION IN ACCORDANCE WITH THE CORPORATION'S POLICIES, PROCEDURES AND GUIDELINES. NOTWITHSTANDING SECTION 2879 OF THE PUBLIC AUTHORITIES LAW OR ANY OTHER LAW TO THE CONTRARY, ANY SUCH CONTRACT MAY BE PROCURED BY THE CORPORATION ON A SOLE-SOURCE BASIS, AND SHALL NOT BE SUBJECT TO COMPETITIVE BID OR COMPETITIVE REQUEST FOR PROPOSAL REQUIREMENTS. S 16-Y. MARKETING OF AGRICULTURAL PRODUCTS. DECLARATION OF POLICY. (A) IT IS HEREBY DECLARED THAT THE MISSION OF THE CORPORATION IS TO PROMOTE A VIGOROUS AND GROWING STATE ECONOMY. IN IMPLEMENTING THIS MISSION, THE CORPORATION HAS UNDERTAKEN A VIGOROUS CAMPAIGN TO MARKET THE STATE'S ASSETS AND BY CARRYING OUT THE PROVISIONS OF THIS SECTION, WOULD FURTHER THIS MISSION BY PROMOTING THE DEVELOPMENT OF MARKETS FOR AGRICULTURAL PRODUCTS GROWN AND PRODUCED IN THE STATE. (B) IT IS FURTHER DECLARED THAT THE MARKETING OF AGRICULTURAL COMMOD- ITIES AND AQUATIC PRODUCTS IN THIS STATE, IN EXCESS OF REASONABLE AND NORMAL MARKET DEMANDS THEREFOR; DISORDERLY MARKETING OF SUCH COMMOD- ITIES; IMPROPER PREPARATION FOR MARKET AND LACK OF UNIFORM GRADING AND CLASSIFICATION OF AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS; UNFAIR METHODS OF COMPETITION IN THE MARKETING OF SUCH COMMODITIES AND THE INABILITY OF INDIVIDUAL PRODUCERS TO DEVELOP NEW AND LARGER MARKETS FOR AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS, RESULT IN AN UNREASONABLE AND UNNECESSARY ECONOMIC WASTE OF THE AGRICULTURAL WEALTH OF THIS STATE. SUCH CONDITIONS AND THE ACCOMPANYING WASTE JEOPARDIZE THE FUTURE CONTIN- UED PRODUCTION OF ADEQUATE FOOD SUPPLIES FOR THE PEOPLE OF THIS AND OTHER STATES. THESE CONDITIONS VITALLY CONCERN THE HEALTH, SAFETY AND GENERAL WELFARE OF THE PEOPLE OF THIS STATE. IT IS THEREFORE DECLARED THE LEGISLATIVE PURPOSE AND THE POLICY OF THIS STATE: (I) TO ENABLE AGRICULTURAL PRODUCERS AND AQUATIC PRODUCERS OF THIS STATE, WITH THE AID OF THE STATE, MORE EFFECTIVELY TO CORRELATE THE MARKETING OF THEIR AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS WITH MARKET DEMANDS THEREFOR. (II) TO ESTABLISH ORDERLY, EFFICIENT AND EQUITABLE MARKETING OF AGRI- CULTURAL COMMODITIES AND AQUATIC PRODUCTS. (III) TO PROVIDE FOR UNIFORM GRADING AND PROPER PREPARATION OF AGRI- CULTURAL COMMODITIES AND AQUATIC PRODUCTS FOR MARKET. (IV) TO PROVIDE METHODS AND MEANS FOR THE DEVELOPMENT OF NEW AND LARG- ER MARKETS FOR AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS PRODUCED IN NEW YORK. (V) TO ELIMINATE OR REDUCE THE ECONOMIC WASTE IN THE MARKETING OF AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS. S. 6408--A 105 A. 9008--A (VI) TO ELIMINATE UNJUST IMPAIRMENT OF THE PURCHASING POWER OF AQUATIC PRODUCERS AND THE AGRICULTURAL PRODUCERS OF THIS STATE; AND (VII) TO AID AGRICULTURAL AND AQUATIC PRODUCERS IN MAINTAINING AN INCOME AT AN ADEQUATE AND EQUITABLE LEVEL. 2. DEFINITIONS. (A) "AGRICULTURAL COMMODITY" MEANS ANY AND ALL AGRI- CULTURAL, HORTICULTURAL, VINEYARD PRODUCTS, CORN FOR GRAIN, OATS, SOYBE- ANS, BARLEY, WHEAT, POULTRY OR POULTRY PRODUCTS, BEES, MAPLE SAP AND PURE MAPLE PRODUCTS PRODUCED THEREFROM, CHRISTMAS TREES, LIVESTOCK, INCLUDING SWINE, AND HONEY, SOLD IN THE STATE EITHER IN THEIR NATURAL STATE OR AS PROCESSED BY THE PRODUCER THEREOF BUT DOES NOT INCLUDE MILK, TIMBER OR TIMBER PRODUCTS, OTHER THAN CHRISTMAS TREES, ALL HAY, RYE AND LEGUMES EXCEPT FOR SOYBEANS. (B) "AQUACULTURE" MEANS THE CULTURE, CULTIVATION AND HARVEST OF AQUAT- IC PLANTS AND ANIMALS. (C) "AQUATIC PRODUCTS" MEANS ANY FOOD OR FIBER PRODUCTS OBTAINED THROUGH THE PRACTICE OF AQUACULTURE, INCLUDING MARICULTURE; OR BY HARVEST FROM THE SEA WHEN SUCH PRODUCTS ARE CULTURED OR LANDED IN THIS STATE. SUCH PRODUCTS INCLUDE BUT ARE NOT LIMITED TO FISH, SHELLFISH, SEAWEED OR OTHER WATER BASED PLANT LIFE. (D) "PRODUCER" MEANS ANY PERSON ENGAGED WITHIN THIS STATE IN THE BUSI- NESS OF PRODUCING, OR CAUSING TO BE PRODUCED FOR ANY MARKET, ANY AGRI- CULTURAL COMMODITY OR AQUATIC PRODUCT. (E) "HANDLER" MEANS ANY PERSON ENGAGED IN THE OPERATION OF PACKING, GRADING, SELLING, OFFERING FOR SALE OR MARKETING ANY MARKETABLE AGRICUL- TURAL COMMODITIES OR AQUATIC PRODUCTS, WHO AS OWNER, AGENT OR OTHERWISE SHIPS OR CAUSES AN AGRICULTURAL COMMODITY TO BE SHIPPED. (F) "PROCESSOR" MEANS ANY PERSON ENGAGED WITHIN THIS STATE IN PROCESS- ING, OR IN THE OPERATION OF RECEIVING, GRADING, PACKING, CANNING, FREEZ- ING, DEHYDRATING, FERMENTING, DISTILLING, EXTRACTING, PRESERVING, GRIND- ING, CRUSHING, OR IN ANY OTHER WAY PRESERVING OR CHANGING THE FORM OF AN AGRICULTURAL PRODUCT OR AQUATIC PRODUCT FOR THE PURPOSE OF MARKETING SUCH COMMODITY BUT SHALL NOT INCLUDE A PERSON ENGAGED IN MANUFACTURING FROM AN AGRICULTURAL COMMODITY OR AQUATIC PRODUCT ANOTHER AND DIFFERENT PRODUCT. (G) "DISTRIBUTOR" MEANS ANY PERSON ENGAGED WITHIN THIS STATE, IN SELL- ING, OFFERING FOR SALE, MARKETING OR DISTRIBUTING AN AGRICULTURAL COMMODITY OR AQUATIC PRODUCT WHICH HE OR SHE HAS PURCHASED OR ACQUIRED FROM A PRODUCER OR OTHER PERSON OR WHICH HE OR SHE IS MARKETING ON BEHALF OF A PRODUCER OR OTHER PERSON, WHETHER AS OWNER, AGENT, EMPLOYEE, BROKER OR OTHERWISE, BUT SHALL NOT INCLUDE A RETAILER, EXCEPT SUCH RETAILER WHO PURCHASES OR ACQUIRES FROM, OR HANDLES ON BEHALF OF ANY PRODUCER OR OTHER PERSON, AN AGRICULTURAL COMMODITY OR AQUATIC PRODUCT SUBJECT TO REGULATION BY THE MARKETING AGREEMENT OR ORDER COVERING SUCH COMMODITY. (H) "PRESIDENT" MEANS THE PRESIDENT OF THE CORPORATION. (I) "MARKETING AGREEMENT" MEANS AN AGREEMENT ENTERED INTO, WITH THE APPROVAL OF THE PRESIDENT, BY PRODUCERS WITH DISTRIBUTORS, PROCESSORS AND HANDLERS REGULATING THE PREPARATION, SALE AND HANDLING OF AGRICUL- TURAL COMMODITIES OR AQUATIC PRODUCTS. (J) "MARKETING ORDER" MEANS AN ORDER ISSUED BY THE PRESIDENT PURSUANT TO THIS SECTION, PRESCRIBING RULES AND REGULATIONS GOVERNING THE MARKET- ING FOR PROCESSING, THE DISTRIBUTING, THE SALE OF, OR THE HANDLING IN ANY MANNER OF ANY AGRICULTURAL COMMODITY OR AQUATIC PRODUCT SOLD IN THIS STATE DURING ANY SPECIFIED PERIOD OR PERIODS. 3. POWERS AND DUTIES OF THE PRESIDENT. (A) IN ORDER TO EFFECTUATE THE DECLARED POLICY OF THIS SECTION, THE PRESIDENT, IN CONSULTATION WITH THE S. 6408--A 106 A. 9008--A COMMISSIONER OF AGRICULTURE AND MARKETS, MAY, AFTER DUE NOTICE AND OPPORTUNITY FOR HEARING, APPROVE MARKETING AGREEMENTS, WHICH MARKETING AGREEMENTS SHALL THEREUPON BE BINDING UPON THE SIGNATORIES THERETO EXCLUSIVELY. (B) THE PRESIDENT MAY MAKE AND ISSUE MARKETING ORDERS, AFTER DUE NOTICE AND OPPORTUNITY FOR HEARING, SUBJECT TO: (I) APPROVAL OF NOT LESS THAN SIXTY-SIX AND TWO-THIRDS PER CENTUM OF THE PRODUCERS PARTICIPATING IN A REFERENDUM IN THE AREA AFFECTED, OR (II) APPROVAL OF NOT LESS THAN SIXTY-FIVE PER CENTUM OF THE PRODUCERS PARTICIPATING IN A REFERENDUM VOTE, IN THE AREA AFFECTED, AND HAVING MARKETED NOT LESS THAN FIFTY-ONE PER CENTUM OF THE TOTAL QUANTITY OF THE COMMODITY WHICH WAS MARKETED IN THE NEXT PRECEDING, ORDINARY MARKETING SEASON BY ALL PRODUCERS THAT VOTED IN THE REFERENDUM, OR (III) APPROVAL OF NOT LESS THAN FIFTY-ONE PER CENTUM OF THE PRODUCERS PARTICIPATING IN A REFERENDUM VOTE, IN THE AREA AFFECTED, AND HAVING MARKETED NOT LESS THAN SIXTY-FIVE PER CENTUM OF THE TOTAL QUANTITY OF THE COMMODITY WHICH WAS MARKETED IN THE NEXT PRECEDING, ORDINARY MARKET- ING SEASON BY ALL PRODUCERS THAT VOTED IN THE REFERENDUM. THE PRESIDENT MAY, AND UPON WRITTEN PETITION DULY SIGNED BY TWENTY-FIVE PER CENTUM OF THE PRODUCERS IN THE AREA AMEND OR TERMINATE SUCH ORDER AFTER DUE NOTICE AND OPPORTUNITY FOR HEARING, BUT SUBJECT TO THE APPROVAL OF NOT LESS THAN FIFTY PER CENTUM OF SUCH PRODUCERS PARTICIPATING IN A REFERENDUM VOTE. (C) THE PRESIDENT SHALL ADMINISTER AND ENFORCE ANY MARKETING ORDER, WHILE IT IS IN EFFECT, TO: (I) ENCOURAGE AND MAINTAIN STABLE PRICES RECEIVED BY PRODUCERS FOR SUCH AGRICULTURAL COMMODITY AND AQUATIC PRODUCT AT A LEVEL WHICH IS CONSISTENT WITH THE PROVISIONS AND AIMS OF THIS ACT. (II) PREVENT THE UNREASONABLE OR UNNECESSARY WASTE OF LAND OR WATER BASED WEALTH. (III) PROTECT THE INTERESTS OF CONSUMERS OF SUCH COMMODITY, BY EXER- CISING THE POWERS OF THIS SECTION TO SUCH EXTENT AS IS NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ACT. (IV) PREPARE A BUDGET FOR THE ADMINISTRATION AND OPERATING COSTS AND EXPENSES INCLUDING ADVERTISING AND SALES PROMOTION WHEN REQUIRED IN ANY MARKETING AGREEMENT OR ORDER EXECUTED IN THIS SECTION AND TO PROVIDE FOR THE COLLECTION AND RETENTION OF SUCH NECESSARY FEES TO DEFRAY SUCH COSTS AND EXPENSES, IN NO CASE TO EXCEED FIVE PERCENT OF THE GROSS DOLLAR VOLUME OF SALES OR DOLLAR VOLUME OF PURCHASES OR AMOUNTS HANDLED, TO BE COLLECTED FROM EACH PERSON ENGAGED IN THE PRODUCTION, PROCESSING, DISTRIBUTING OR THE HANDLING OF ANY MARKETABLE AGRICULTURAL COMMODITY AND AQUATIC PRODUCT PRODUCED OR LANDED IN THIS STATE AND DIRECTLY AFFECTED BY ANY MARKETING ORDER ISSUED PURSUANT TO THIS SECTION FOR SUCH COMMODITY. (V) CONFER AND COOPERATE WITH THE LEGALLY CONSTITUTED AUTHORITIES OF OTHER STATES AND THE UNITED STATES. (D) ANY MARKETING AGREEMENT OR ORDER ISSUED BY THE PRESIDENT PURSUANT TO THIS SECTION MAY CONTAIN ANY OR ALL OF THE FOLLOWING: (I) PROVISIONS FOR DETERMINING THE EXISTENCE AND EXTENT OF THE SURPLUS OF ANY AGRICULTURAL COMMODITY, OR OF ANY GRADE, SIZE OR QUALITY THEREOF, AND PROVIDING FOR THE REGULATION AND DISPOSITION OF SUCH SURPLUS. (II) PROVISIONS FOR LIMITING THE TOTAL QUANTITY OF ANY AGRICULTURAL PRODUCT, OR OF ANY GRADE OR GRADES, SIZE OR SIZES, OR QUALITY OR PORTIONS OR COMBINATIONS THEREOF, WHICH MAY BE MARKETED DURING ANY SPEC- IFIED PERIOD OR PERIODS. SUCH TOTAL QUANTITY OF ANY SUCH COMMODITY SO REGULATED SHALL NOT BE LESS THAN THE QUANTITY WHICH THE PRESIDENT SHALL S. 6408--A 107 A. 9008--A FIND IS REASONABLY NECESSARY TO SUPPLY THE MARKET DEMAND OF CONSUMERS FOR SUCH COMMODITY. (III) PROVISIONS REGULATING TO THE PERIOD, OR PERIODS, DURING WHICH ANY AGRICULTURAL COMMODITY, OR ANY GRADE OR GRADES, SIZE OR SIZES OR QUALITY OR PORTIONS OR COMBINATIONS OF SUCH COMMODITY, MAY BE MARKETED. (IV) PROVISIONS FOR THE ESTABLISHMENT OF UNIFORM GRADING, STANDARDS, AND INSPECTION OF ANY AGRICULTURAL COMMODITY DELIVERED BY PRODUCERS OR OTHER PERSONS TO HANDLERS, PROCESSORS, DISTRIBUTORS OR OTHERS ENGAGING IN THE HANDLING THEREOF, AND FOR THE ESTABLISHMENT OF GRADING OR STAND- ARDS OF QUALITY, CONDITION, SIZE, MATURITY OR PACK FOR ANY AGRICULTURAL COMMODITY, AND THE INSPECTION AND GRADING OF SUCH COMMODITY IN ACCORD- ANCE WITH SUCH GRADING OR STANDARDS SO ESTABLISHED; AND FOR PROVISIONS THAT NO PRODUCER, HANDLER, PROCESSOR OR DISTRIBUTOR OF ANY AGRICULTURAL COMMODITY FOR WHICH GRADING OR STANDARDS ARE SO ESTABLISHED MAY, EXCEPT AS OTHERWISE PROVIDED IN SUCH MARKETING AGREEMENT OR ORDER, SELL, OFFER FOR SALE, PROCESS, DISTRIBUTE OR OTHERWISE HANDLE ANY SUCH COMMODITY WHETHER PRODUCED WITHIN OR WITHOUT THIS STATE, NOT MEETING AND COMPLYING WITH SUCH ESTABLISHED GRADING OR STANDARDS. FOR THE PURPOSES OF THIS SECTION, THE FEDERAL-STATE INSPECTION SERVICE SHALL PERFORM ALL INSPECTIONS MADE NECESSARY BY SUCH PROVISIONS. (V) PROVISIONS FOR THE ESTABLISHMENT OF RESEARCH PROGRAMS DESIGNED TO BENEFIT A SPECIFIED COMMODITY OR NEW YORK AGRICULTURE IN GENERAL. (VI) PROVISIONS FOR THE PRESIDENT TO RETAIN MONEY COLLECTED UNDER ANY MARKETING ORDER ISSUED PURSUANT TO THIS SECTION TO DEFRAY THE COSTS AND EXPENSES IN THE ADMINISTRATION THEREOF. (VII) SUCH OTHER PROVISIONS AS MAY BE NECESSARY TO EFFECTUATE THE DECLARED POLICIES OF THIS SECTION. (VIII) PROVISIONS TO ESTABLISH MARKETING PROMOTION AND RESEARCH PROGRAMS FOR AQUATIC PRODUCTS WHICH MAY INCLUDE SUBPARAGRAPHS (I) THROUGH (VII) OF THIS PARAGRAPH. (E) THE PRESIDENT MAY TEMPORARILY SUSPEND THE OPERATION OF AN EFFEC- TIVE MARKETING ORDER FOR A CONTINUING PERIOD OF NOT LONGER THAN ONE GROWING AND MARKETING SEASON, IF THE PURPOSES OF THIS SECTION ARE DEEMED UNNECESSARY DURING SUCH SEASON. (F) IN CARRYING OUT THE PURPOSES OF THIS SECTION, THE PRESIDENT, IN CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE AND MARKETS, SHALL TAKE INTO CONSIDERATION ANY AND ALL FACTS AVAILABLE TO HIM OR HER WITH RESPECT TO THE FOLLOWING ECONOMIC FACTORS: (I) THE QUANTITY OF SUCH AGRICULTURAL COMMODITY AVAILABLE FOR DISTRIB- UTION. (II) THE QUANTITY OF SUCH AGRICULTURAL COMMODITY NORMALLY REQUIRED BY CONSUMERS. (III) THE COST OF PRODUCING SUCH AGRICULTURAL COMMODITY. (IV) THE PURCHASING POWER OF CONSUMERS. (V) THE LEVEL OF PRICES OF COMMODITIES, SERVICES AND SECTIONS WHICH THE FARMERS COMMONLY BUY. (VI) THE LEVEL OF PRICES OF OTHER COMMODITIES WHICH COMPETE WITH OR ARE UTILIZED AS SUBSTITUTES FOR SUCH AGRICULTURAL COMMODITY. (G) THE EXECUTION OF SUCH MARKETING AGREEMENTS SHALL IN NO MANNER AFFECT THE ISSUANCE, ADMINISTRATION OR ENFORCEMENT OF ANY MARKETING ORDER PROVIDED FOR IN THIS SECTION. THE PRESIDENT MAY ISSUE SUCH MARKET- ING ORDER WITHOUT EXECUTING A MARKETING AGREEMENT OR MAY EXECUTE A MARKETING AGREEMENT WITHOUT ISSUING A MARKETING ORDER COVERING THE SAME COMMODITY. THE PRESIDENT, IN HIS OR HER DISCRETION, MAY HOLD A CONCUR- RENT HEARING UPON A PROPOSED MARKETING AGREEMENT AND A PROPOSED MARKET- S. 6408--A 108 A. 9008--A ING ORDER IN THE MANNER PROVIDED FOR GIVING DUE NOTICE AND OPPORTUNITY FOR HEARING FOR A MARKETING ORDER AS PROVIDED IN THIS SECTION. (H) PRIOR TO THE ISSUANCE, AMENDMENT OR TERMINATION OF ANY MARKETING ORDER, THE PRESIDENT MAY REQUIRE THE APPLICANTS FOR SUCH ISSUANCE, AMENDMENT OR TERMINATION TO DEPOSIT WITH HIM OR HER SUCH AMOUNT AS HE OR SHE MAY DEEM NECESSARY TO DEFRAY THE EXPENSES OF PREPARING AND MAKING EFFECTIVE AMENDING OR TERMINATING A MARKETING ORDER. SUCH FUNDS SHALL BE RECEIVED, DEPOSITED AND DISBURSED BY THE PRESIDENT IN THE SAME MANNER AS OTHER FEES RECEIVED BY HIM OR HER UNDER THIS SECTION AND, IN THE EVENT THE APPLICATION FOR ADOPTION, AMENDMENT OR TERMINATION OF A MARKETING ORDER IS APPROVED IN A REFERENDUM, THE PRESIDENT SHALL REIMBURSE ANY SUCH APPLICANT IN THE AMOUNT OF ANY SUCH DEPOSIT FROM ANY UNEXPENDED MONIES COLLECTED UNDER THE MARKETING ORDER AFFECTED BY SUCH REFERENDUM. (I) ANY MONEYS COLLECTED BY THE PRESIDENT PURSUANT TO THIS SECTION SHALL NOT BE DEEMED STATE FUNDS AND SHALL BE DEPOSITED IN A BANK OR OTHER DEPOSITORY OF THE CORPORATION, APPROVED BY THE PRESIDENT, ALLO- CATED TO EACH MARKETING ORDER UNDER WHICH THEY ARE COLLECTED, AND SHALL BE DISBURSED BY THE PRESIDENT ONLY FOR THE NECESSARY EXPENSES INCURRED BY THE PRESIDENT WITH RESPECT TO EACH SUCH SEPARATE MARKETING ORDER, ALL IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE PRESIDENT. ALL SUCH EXPENDITURES SHALL BE AUDITED BY THE CORPORATION AT LEAST ANNUALLY. ANY MONEYS REMAINING IN SUCH FUND ALLOCABLE TO ANY PARTICULAR COMMODITY AFFECTED BY A MARKETING ORDER MAY, IN THE DISCRETION OF THE PRESIDENT, BE REFUNDED AT THE CLOSE OF ANY MARKETING SEASON UPON A PRO-RATA BASIS TO ALL PERSONS FROM WHOM ASSESSMENTS THEREFOR WERE COLLECTED OR, WHENEV- ER THE PRESIDENT FINDS THAT SUCH MONEYS MAY BE NECESSARY TO DEFRAY THE COST OF OPERATING SUCH MARKETING ORDER IN A SUCCEEDING MARKETING SEASON, HE OR SHE MAY CARRY OVER ALL OR ANY PORTION OF SUCH MONEYS INTO THE NEXT SUCH SUCCEEDING SEASON. UPON THE TERMINATION BY THE PRESIDENT OF ANY MARKETING ORDER, ALL MONEYS REMAINING AND NOT REQUIRED BY THE PRESIDENT TO DEFRAY THE EXPENSES OF OPERATING SUCH MARKETING ORDER, SHALL BE REFUNDED BY THE PRESIDENT UPON A PRO-RATA BASIS TO ALL PERSONS FROM WHOM ASSESSMENTS THEREFOR WERE COLLECTED; PROVIDED, HOWEVER, THAT IF THE PRESIDENT FINDS THAT THE AMOUNTS SO REFUNDABLE ARE SO SMALL AS TO MAKE IMPRACTICABLE THE COMPUTATION AND REFUNDING OF SUCH REFUNDS, THE PRESI- DENT MAY USE SUCH MONEYS TO DEFRAY THE EXPENSES INCURRED BY HIM OR HER IN THE FORMULATION, ISSUANCE, ADMINISTRATION OR ENFORCEMENT OF ANY SUBSEQUENT MARKETING ORDER FOR SUCH COMMODITY. (J) ADVISORY BOARD. (I) ANY MARKETING ORDER ISSUED PURSUANT TO THIS SECTION SHALL PROVIDE FOR THE ESTABLISHMENT OF AN ADVISORY BOARD, TO CONSIST OF NOT LESS THAN FIVE MEMBERS NOR MORE THAN NINE MEMBERS, TO ADVISE THE PRESIDENT IN THE ADMINISTRATION OF SUCH MARKETING ORDER IN ACCORDANCE WITH ITS TERMS AND PROVISIONS. THE MEMBERS OF SAID BOARD SHALL BE APPOINTED BY THE PRESIDENT FROM NOMINATIONS RECEIVED FROM THE COMMODITY GROUP FOR WHICH THE MARKETING ORDER IS ESTABLISHED. NOMINATING PROCEDURE, QUALIFICATION, REPRESENTATION AND SIZE OF THE ADVISORY BOARD SHALL BE PRESCRIBED IN EACH MARKETING ORDER FOR WHICH SUCH BOARD IS APPOINTED. EACH ADVISORY BOARD SHALL BE COMPOSED OF SUCH PRODUCERS AND HANDLERS OR PROCESSORS AS ARE DIRECTLY AFFECTED BY THE MARKETING ORDER IN SUCH PROPORTION OF REPRESENTATION AS THE ORDER SHALL PRESCRIBE. THE PRESIDENT MAY APPOINT ONE PERSON WHO IS NEITHER A PRODUCER, PROCESSOR OR OTHER HANDLER TO REPRESENT THE DEPARTMENT OF AGRICULTURE AND MARKETS, THE CORPORATION, OR THE PUBLIC GENERALLY. (II) NO MEMBER OF AN ADVISORY BOARD SHALL RECEIVE A SALARY, BUT EACH SHALL BE ENTITLED TO HIS OR HER ACTUAL EXPENSES INCURRED WHILE ENGAGED IN PERFORMING HIS OR HER DUTIES HEREIN AUTHORIZED. S. 6408--A 109 A. 9008--A (III) THE DUTIES AND RESPONSIBILITIES OF EACH ADVISORY BOARD SHALL BE PRESCRIBED BY THE PRESIDENT, AND HE OR SHE MAY SPECIFICALLY DELEGATE TO THE ADVISORY BOARD, BY INCLUSION IN THE MARKETING ORDER, ALL OR ANY OF THE FOLLOWING DUTIES AND RESPONSIBILITIES: (A) THE RECOMMENDATION TO THE PRESIDENT OF ADMINISTRATIVE RULES AND REGULATIONS RELATING TO THE MARKETING ORDER. (B) RECOMMENDING TO THE PRESIDENT SUCH AMENDMENTS TO THE MARKETING ORDER AS DEEMED ADVISABLE. (C) THE PREPARATION AND SUBMISSION TO THE PRESIDENT OF THE ESTIMATED BUDGET REQUIRED FOR THE PROPER OPERATION OF THE MARKETING ORDER. (D) RECOMMENDING TO THE PRESIDENT METHODS FOR ASSESSING MEMBERS OF THE INDUSTRY AND METHODS FOR COLLECTING THE NECESSARY FUNDS. (E) ASSISTING THE PRESIDENT IN THE COLLECTION AND ASSEMBLING OF INFOR- MATION AND DATA NECESSARY TO THE PROPER ADMINISTRATION OF THE ORDER. (F) THE PERFORMANCE OF SUCH OTHER DUTIES IN CONNECTION WITH THE MARKETING ORDER AS THE PRESIDENT SHALL DESIGNATE. 4. RULES AND REGULATIONS; ENFORCEMENT. THE PRESIDENT MAY MAKE AND PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO EFFECTUATE THE PROVISIONS AND INTENT OF THIS SECTION AND TO ENFORCE THE PROVISION OF ANY MARKETING AGREEMENT OR ORDER, ALL OF WHICH SHALL HAVE THE FORCE AND EFFECT OF LAW. THE PRESIDENT MAY INSTITUTE SUCH ACTION AT LAW OR IN EQUITY AS MAY APPEAR NECESSARY TO ENFORCE COMPLIANCE WITH ANY PROVISION OF THIS SECTION, OR ANY RULE OR REGULATION, MARKETING AGREEMENT OR ORDER, COMMITTED TO HIS OR HER ADMINISTRATION, AND IN ADDITION MAY APPLY FOR RELIEF BY INJUNCTION IF NECESSARY TO PROTECT THE PUBLIC INTEREST WITHOUT BEING COMPELLED TO ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT LAW DOES NOT EXIST. SUCH APPLICATION MAY BE MADE TO THE SUPREME COURT IN ANY DISTRICT OR COUNTY AS PROVIDED IN THE CIVIL PRACTICE LAW AND RULES, OR TO THE SUPREME COURT IN THE THIRD JUDICIAL DISTRICT. 5. COOPERATION BY THE DEPARTMENT OF AGRICULTURE AND MARKETS. THE PRES- IDENT OF THE CORPORATION MAY REQUEST AND RECEIVE, WITHIN NINETY DAYS OF SUCH REQUEST, FROM THE NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS (HEREINAFTER REFERRED TO IN THIS SUBDIVISION AS THE "DEPART- MENT") SUCH ASSISTANCE, INFORMATION AND COOPERATION AS MAY BE NECESSARY FOR THE CORPORATION TO PROVIDE SERVICES WITH RESPECT TO THE ADMINIS- TRATION OF THE PROCEDURES SET FORTH FOR THE ISSUANCE, TERMINATION OR AMENDMENT OF ANY AGRICULTURAL, COMMODITIES OR AQUATIC ORDER AND/OR THE ADMINISTRATION OF ANY SUCH ORDER. THE CORPORATION SHALL RETAIN AN AMOUNT EQUAL TO THE EXPENSES INCURRED BY THE CORPORATION IN PERFORMING ITS DUTIES PURSUANT TO THIS SECTION AND REIMBURSE THE DEPARTMENT AN AMOUNT EQUAL TO THE EXPENSES INCURRED BY THE DEPARTMENT IN SUPPLYING SUCH SERVICES, SUBSEQUENT TO SUBMISSION AND AUDIT OF A VOUCHER THEREFOR. SUCH REIMBURSEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FUNDS COLLECTED BY THE CORPORATION PURSUANT TO THIS SECTION LESS THE REASONABLE EXPENSES INCURRED BY THE CORPORATION IN PERFORMING ITS DUTIES PURSUANT TO THIS SECTION. 6. INDEMNIFICATION. THE STATE SHALL DEFEND, INDEMNIFY AND HOLD HARM- LESS THE CORPORATION, ITS DIRECTORS, OFFICERS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, COSTS AND EXPENSES WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM, OR RELATING TO, THE ADMINISTRATION OF ANY AGRICULTURAL, COMMODITIES OR AQUATIC PROMOTION ORDER ISSUED OR ADMINISTERED PURSUANT TO THIS SECTION. IN CONNECTION WITH THE FOREGOING, THE CORPORATION SHALL GIVE THE STATE (A) PROMPT WRITTEN NOTICE OF ANY ACTION, CLAIM OR THREAT OF SUIT, (B) THE OPPORTUNITY TO TAKE OVER, SETTLE OR DEFEND SUCH ACTION, CLAIM OR SUIT AT S. 6408--A 110 A. 9008--A THE STATE'S SOLE EXPENSE, AND (C) ASSISTANCE IN THE DEFENSE OF ANY SUCH ACTION AT THE EXPENSE OF THE STATE. 7. CONTRACTUAL PROVISIONS. THE CORPORATION MAY CONTRACT FOR SERVICES WITH RESPECT TO THE IMPLEMENTATION OF THIS SECTION IN ACCORDANCE WITH THE CORPORATION'S POLICIES, PROCEDURES AND GUIDELINES. NOTWITHSTANDING SECTION 2879 OF THE PUBLIC AUTHORITIES LAW OR ANY OTHER LAW TO THE CONTRARY, ANY SUCH CONTRACT MAY BE PROCURED BY THE CORPORATION ON A SOLE-SOURCE BASIS, AND SHALL NOT BE SUBJECT TO COMPETITIVE BID OR COMPETITIVE REQUEST FOR PROPOSAL REQUIREMENTS. S 16-Z. MARKETING ORDERS. THE MARKETING ORDERS, THE REGULATORY PROVISIONS RELATING THERETO, SET FORTH IN TITLE ONE OF THE OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK PARTS 40, 200, 201, 202, 203, 204, AND 205, AND THE CONTRACTS RELATING THERETO SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL AMENDED OR REPEALED PURSUANT TO THE STATUTORY AUTHORITY SET FORTH IN SECTIONS 16-X AND 16-Y OF THIS ACT EXCEPT THAT: (A) SUCH MARKETING ORDERS, THE REGULATORY PROVISIONS RELATING THERETO, AND THE CONTRACTS RELATING THERETO SHALL BE ADMINISTERED BY AND UNDER THE SUPERVISION OF THE PRESIDENT OF THE CORPO- RATION AS OF THE EFFECTIVE DATE OF SECTIONS 16-X AND 16-Y OF THIS ACT; (B) ALL UNDISBURSED FUNDS UNDER THE CONTROL OF THE DEPARTMENT OF AGRI- CULTURE AND MARKETS SHALL BE TRANSFERRED TO THE CORPORATION ON OR BEFORE SUCH EFFECTIVE DATE; AND (C) ANY ASSESSMENTS DUE AND PAYABLE UNDER SUCH MARKETING ORDERS SHALL BE REMITTED TO THE CORPORATION STARTING 30 DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. S 3. This act shall take effect on the ninetieth day after it shall have become a law and shall expire and be deemed repealed five years after such date; provided, however, that any assessment due and payable under such marketing orders shall be remitted to the urban development corporation starting 30 days after such effective date. PART T Section 1. Subdivision 1 and the opening paragraph of subdivision 2 of section 27-1905 of the environmental conservation law, as amended by section 1 of part G of chapter 58 of the laws of 2013, are amended to read as follows: 1. [Until December thirty-first, two thousand sixteen, accept] ACCEPT from a customer, waste tires of approximately the same size and in a quantity equal to the number of new tires purchased or installed by the customer; and [Until December thirty-first, two thousand sixteen, post] POST written notice in a prominent location, which must be at least eight and one- half inches by fourteen inches in size and contain the following language: S 2. The opening paragraph of subdivision 1, the opening paragraph of subdivision 2 and the opening paragraph of subdivision 3 and paragraph (a) of subdivision 6 of section 27-1913 of the environmental conserva- tion law, as amended by section 2 of part G of chapter 58 of the laws of 2013, are amended to read as follows: [Until December thirty-first, two thousand sixteen, a] A waste tire management and recycling fee of two dollars and fifty cents shall be charged on each new tire sold. The fee shall be paid by the purchaser to the tire service at the time the new tire or new motor vehicle is purchased. [Until December thirty-first, two thousand sixteen, the] THE tire service shall collect the waste tire management and recycling fee from S. 6408--A 111 A. 9008--A the purchaser at the time of the sale and shall remit such fee to the department of taxation and finance with the quarterly report filed pursuant to subdivision three of this section. [Until March thirty-first, two thousand seventeen, each] EACH tire service maintaining a place of business in this state shall make a return to the department of taxation and finance on a quarterly basis, with the return for December, January, and February being due on or before the immediately following March thirty-first; the return for March, April, and May being due on or before the immediately following June thirtieth; the return for June, July, and August being due on or before the immediately following September thirtieth; and the return for September, October, and November being due on or before the immediately following December thirty-first. (a) [Until December thirty-first, two thousand sixteen, any] ANY addi- tional waste tire management and recycling costs of the tire service in excess of the amount authorized to be retained pursuant to paragraph (b) of subdivision two of this section may be included in the published selling price of the new tire, or charged as a separate per-tire charge on each new tire sold. When such costs are charged as a separate per- tire charge: (i) such charge shall be stated as an invoice item separate and distinct from the selling price of the tire; (ii) the invoice shall state that the charge is imposed at the sole discretion of the tire service; and (iii) the amount of such charge shall reflect the actual cost to the tire service for the management and recycling of waste tires accepted by the tire service pursuant to section 27-1905 of this title, provided however, that in no event shall such charge exceed two dollars and fifty cents on each new tire sold. S 3. This act shall take effect immediately. PART U Section 1. Paragraph a of subdivision 2 of section 92-s of the state finance law, as added by chapter 610 of the laws of 1993, is amended to read as follows: a. The comptroller shall establish the following separate and distinct accounts within the environmental protection fund: (i) solid waste account; (ii) parks, recreation and historic preservation account; (iii) open space account; [and] (iv) CLIMATE CHANGE MITIGATION AND ADAPTATION ACCOUNT; AND (V) environmental protection transfer account. S 2. Paragraph (b) of subdivision 6 of section 92-s of the state finance law, as amended by chapter 432 of the laws of 1997, is amended to read as follows: (b) Moneys from the solid waste account shall be available, pursuant to appropriation and upon certificate of approval of availability by the director of the budget, for any non-hazardous municipal landfill closure project; municipal waste reduction or recycling project, as defined in article fifty-four of the environmental conservation law; for the purposes of section two hundred sixty-one and section two hundred sixty-four of the economic development law; any project for the develop- ment, updating or revision of local solid waste management plans pursu- ant to sections 27-0107 and 27-0109 of the environmental conservation law; ENVIRONMENTAL JUSTICE PROGRAMS, PROJECTS AND GRANTS; and for the development of the pesticide sales and use data base [in conjunction S. 6408--A 112 A. 9008--A with Cornell University] pursuant to title twelve of article thirty- three of the environmental conservation law. S 3. Subdivision 6 of section 92-s of the state finance law is amended by adding a new paragraph (f) to read as follows: (F) MONEYS FROM THE CLIMATE CHANGE MITIGATION AND ADAPTATION ACCOUNT SHALL BE AVAILABLE, PURSUANT TO APPROPRIATION AND UPON CERTIFICATE OF APPROVAL OF AVAILABILITY BY THE DIRECTOR OF THE BUDGET, FOR PROGRAMS AND PROJECTS TO REDUCE GREENHOUSE GASSES; FOR THE DEVELOPMENT, UPDATING OR REVISION OF LOCAL WATERFRONT REVITALIZATION PLANS PURSUANT TO TITLE ELEVEN OF ARTICLE FIFTY-FOUR OF THE ENVIRONMENTAL CONSERVATION LAW TO ADAPT FOR CLIMATE CHANGE, OR FOR OTHER PLANNING UNDERTAKEN TO IMPROVE RESILIENCY FROM IMPACTS OF CLIMATE CHANGE; FOR SMART GROWTH PROGRAMS; AND FOR ADAPTIVE INFRASTRUCTURE, INCLUDING GRANTS PURSUANT TO THE CLIMATE SMART COMMUNITIES PROGRAM; RESILIENCY PLANTING PROJECTS; THE CLIMATE RESILIENT FARMS PROGRAM; STATE VULNERABILITY ASSESSMENTS; AND PROGRAMS AND PROJECTS TO IMPLEMENT AND COMPLY WITH THE PROVISIONS OF CHAPTER THREE HUNDRED FIFTY-FIVE OF THE LAWS OF TWO THOUSAND FOURTEEN, KNOWN AS THE "COMMUNITY RISK AND RESILIENCY ACT". S 4. Section 54-1101 of the environmental conservation law, as amended by chapter 309 of the laws of 1996, subdivisions 1 and 5 as amended by chapter 355 of the laws of 2014, is amended to read as follows: S 54-1101. Local waterfront revitalization programs. 1. The secretary is authorized to provide on a competitive basis, within amounts appropriated, state assistance payments AND/OR TECHNICAL ASSISTANCE to municipalities toward the [cost] DEVELOPMENT of any local waterfront revitalization program, including planning projects to miti- gate future physical climate risks. Eligible costs include planning, studies, preparation of local laws, and construction projects. 2. State assistance payments AND/OR TECHNICAL ASSISTANCE shall not exceed fifty percent of the cost of the program, EXCEPT WHERE THE MUNI- CIPALITY HAS A POPULATION, AS DETERMINED IN THE MOST RECENT UNITED STATES CENSUS, OF UNDER THREE HUNDRED THOUSAND AND A MEDIAN HOUSEHOLD INCOME OF LESS THAN OR EQUAL TO ONE HUNDRED TWENTY-FIVE PERCENT OF THE STATEWIDE MEDIAN HOUSEHOLD INCOME FOR THE MOST RECENT UNITED STATES CENSUS, OR AS OTHERWISE DETERMINED BY REGULATION PROMULGATED BY THE DEPARTMENT OF STATE, OR FOR PLANNING PROJECTS TO MITIGATE FUTURE PHYS- ICAL CLIMATE RISKS, IN WHICH CASE STATE ASSISTANCE PAYMENTS AND/OR TECH- NICAL ASSISTANCE SHALL NOT EXCEED NINETY PERCENT OF THE COST OF THE PROGRAM. For the purpose of determining the amount of state assistance payments, costs shall not be more than the amount set forth in the application for state assistance payments approved by the secretary. The state assistance payments shall be paid on audit and warrant of the state comptroller on a certificate of availability of the director of the budget. 3. THE SECRETARY IS AUTHORIZED TO PROVIDE ON A NONCOMPETITIVE BASIS, WITHIN AMOUNTS APPROPRIATED, STATE ASSISTANCE PAYMENTS AND/OR TECHNICAL ASSISTANCE TOWARD THE DEVELOPMENT OF PLANNING PROJECTS TO MITIGATE FUTURE PHYSICAL CLIMATE RISKS TO MUNICIPALITIES THAT HAVE BEEN AWARDED STATE ASSISTANCE PAYMENTS AND/OR TECHNICAL ASSISTANCE UNDER SUBDIVISION ONE OF THIS SECTION. SUCH PAYMENTS MAY BE USED FOR UPDATES DESIGNED TO MITIGATE FUTURE PHYSICAL CLIMATE RISKS. 4. The secretary shall have the power to approve vouchers for payments pursuant to an approved contract. [4.] 5. No moneys shall be expended as authorized by this section except pursuant to an appropriation therefor. S. 6408--A 113 A. 9008--A [5.] 6. The secretary shall impose such contractual requirements and conditions upon any municipality which receives state assistance payments pursuant to this article as may be necessary and appropriate to ensure that a public benefit shall accrue from the use of such funds by the municipality including but not limited to, a demonstration that future physical climate risk due to sea level rise, and/or storm surges and/or flooding, based on available data predicting the likelihood of future extreme weather events, including hazard risk analysis data if applicable, has been considered. S 5. Section 912 of the executive law is amended by adding a new subdivision 17 to read as follows: 17. TO ENCOURAGE STATE AGENCIES AND LOCAL GOVERNMENTS TO CONSIDER PHYSICAL CLIMATE RISKS IN PLANNING AND DEVELOPMENT EFFORTS. S 6. Subdivision 1 of section 918 of the executive law, as added by chapter 840 of the laws of 1981, is amended to read as follows: 1. The secretary may enter into a contract or contracts for grants OR PAYMENTS to be made, within the limits of any appropriations therefor, for the following: a. To any local governments, or to two or more local governments, for projects approved by the secretary which lead to preparation of a water- front revitalization program; provided, however, that such grants OR PAYMENTS shall not exceed fifty percent of the approved cost of such projects, EXCEPT WHERE EACH LOCAL GOVERNMENT HAS A POPULATION, AS DETER- MINED IN THE MOST RECENT UNITED STATES CENSUS, OF UNDER THREE HUNDRED THOUSAND AND A MEDIAN HOUSEHOLD INCOME OF LESS THAN OR EQUAL TO ONE HUNDRED TWENTY-FIVE PERCENT OF THE STATEWIDE MEDIAN HOUSEHOLD INCOME FOR THE MOST RECENT UNITED STATES CENSUS, OR AS OTHERWISE DETERMINED BY REGULATION PROMULGATED BY THE DEPARTMENT OF STATE, OR FOR PLANNING PROJECTS TO MITIGATE FUTURE PHYSICAL CLIMATE RISKS, IN WHICH CASE SUCH GRANTS OR PAYMENTS SHALL NOT EXCEED NINETY PERCENT OF THE APPROVED COST OF SUCH PROJECTS; b. TO SERVICE PROVIDERS, ON BEHALF OF AND IN CONSULTATION WITH ANY LOCAL GOVERNMENTS OR TWO OR MORE LOCAL GOVERNMENTS, FOR PROJECTS APPROVED BY THE SECRETARY WHICH LEAD TO PREPARATION OF A WATERFRONT REVITALIZATION PROGRAM; HOWEVER, THAT SUCH GRANTS OR PAYMENTS SHALL NOT EXCEED FIFTY PERCENT OF THE APPROVED COST OF SUCH PROJECTS, EXCEPT WHERE EACH LOCAL GOVERNMENT HAS A POPULATION, AS DETERMINED IN THE MOST RECENT UNITED STATES CENSUS, OF UNDER THREE HUNDRED THOUSAND AND A MEDIAN HOUSEHOLD INCOME OF LESS THAN OR EQUAL TO ONE HUNDRED TWENTY-FIVE PERCENT OF THE STATEWIDE MEDIAN HOUSEHOLD INCOME FOR THE MOST RECENT UNITED STATES CENSUS, OR AS OTHERWISE DETERMINED BY REGULATION PROMUL- GATED BY THE DEPARTMENT OF STATE, OR FOR PLANNING PROJECTS TO MITIGATE FUTURE PHYSICAL CLIMATE RISKS, IN WHICH CASE SUCH GRANTS OR PAYMENTS SHALL NOT EXCEED NINETY PERCENT OF THE APPROVED COST OF SUCH PROJECTS; C. To any local government or local government agency for research, design, and other activities which serve to facilitate construction projects provided for in an approved waterfront revitalization program; provided, however, that such grants or payments shall not exceed ten percent of the estimated cost of such construction project. S 7. This act shall take effect immediately. PART V Section 1. Subdivision 3 of section 79-b of the navigation law, as amended by section 1 of part D of chapter 109 of the laws of 2010, is amended to read as follows: S. 6408--A 114 A. 9008--A 3. The amount of state aid to be allocated to eligible governmental entities pursuant to this article shall be determined by the commission- er as hereinafter provided. The commissioner shall determine the percentage proportion which the authorized expenditures of each individ- ual entity, not exceeding four hundred thousand dollars for each county including municipalities therein, shall bear to the total authorized expenditures of all entities. Such percentage proportion shall then be applied against an amount equal to one-half of the total of the amount received by the state in each preceding program year in vessel registra- tion fees as provided in section twenty-two hundred fifty-one of the vehicle and traffic law, less no more than thirty percent, subject to appropriation, which may be used by the commissioner and the commission- er of motor vehicles for administrative costs of the program, including training and equipment, and by the department of environmental conserva- tion, the division of state police and other state agencies, subject to the approval of the commissioner, for the purposes of this article, plus the entire amount received pursuant to subdivision nine of section forty-four of this chapter. The amount thus determined shall constitute the maximum amount of state aid to which each such entity shall be enti- tled; provided, however, that no entity shall receive state aid in an amount in excess of [fifty] TWENTY-FIVE percent of its authorized expenditures as approved by the commissioner for such program year. The commissioner shall certify to the comptroller the amount thus determined for each eligible local governmental entity as the amount of state aid to be apportioned to such eligible local governmental entity. The allo- cation of state aid to any county, town or village within the Lake George park shall not be reduced because of the allocation of state aid to the Lake George park commission. Of the remaining funds received by the state for the registration of vessels as provided in section twen- ty-two hundred fifty-one of the vehicle and traffic law, no less than six percent shall be made available to the commissioner for the expenses of the office in providing navigation law enforcement training and administering the provisions of this section. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. S 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. S 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through V of this act shall be as specifically set forth in the last section of such Parts.
2015-S6408B - Details
- See Assembly Version of this Bill:
- A9008
- Law Section:
- Budget Bills
2015-S6408B - Summary
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2016-2017 state fiscal year; intentionally omitted (Part A); intentionally omitted (Part B); intentionally omitted (Part C)
2015-S6408B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6408--B I N S E N A T E January 14, 2016 ___________ 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 commit the state of New York and the city of New York to partially fund part of the costs of the Metropolitan Transportation Authority's capital program (Part A); intentionally omitted (Part B); intentionally omitted (Part C); to amend the vehicle and traffic law and the state finance law, in relation to the dedication of revenues and the costs of the department of motor vehicles; 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; to repeal subdivision 2 of section 89-g of the state finance law relating to funds to be placed into the accident prevention course internet, and other technology pilot program fund; and to repeal certain provisions of the state finance law relating to the motorcycle safety fund (Part D); to amend the vehicle and traffic law, in relation to farm vehicles and covered farm vehicles and to expand the scope of the P endorsement (Part E); to amend the New York state urban development corporation act, in relation to extending certain provisions relating to the empire state economic development fund (Part F); 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 the effectiveness thereof (Part G); to establish the Transformational Economic Development Infrastructure and Revitaliza- tion Projects act (Part H); to authorize and direct the New York state energy research and development authority to make a payment to the general fund of up to $913,000 (Part I); to authorize the New York state energy research and development authority to finance the univer- sity of Rochester laboratory for laser energetics from an assessment on gas and electric corporations (Part J); intentionally omitted (Part K); to amend the public service law, in relation to the definition of major changes (Part L); to amend chapter 21 of the laws of 2003, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12673-04-6 S. 6408--B 2 amending the executive law, relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, in relation to extending the expiration date there- of (Part M); intentionally omitted (Part N); to amend the general business law, the tax law, and the alcoholic beverage control law, in relation to authorized combative sports and to the costs of boxer medical examinations; and to repeal chapter 912 of the laws of 1920, relating to the regulation of boxing, sparring, and wrestling (Part O); intentionally omitted (Part P); intentionally omitted (Part Q); to establish the private activity bond allocation act of 2016; to repeal the private activity bond allocation act of 2014; and providing for the repeal of such provisions upon expiration thereof (Part R); inten- tionally omitted (Part S); to amend the environmental conservation law, in relation to mandatory tire acceptance, and the use of waste tire management and recycling fee funds (Part T); to amend the state finance law, in relation to creating a new climate change mitigation and adaptation account in the environmental protection fund; to amend the environmental conservation law, in relation to local waterfront revitalization programs; and to amend the executive law, in relation to payments for local waterfront revitalization programs (Part U); to amend the navigation law, in relation to the authorized reimbursement rate paid to governmental entities (Part V); to amend the New York state urban development corporation act, in relation to the criteria governing the award of grants from the beginning farmers NY fund (Part W); to amend the public service law, in relation to operation of farm waste electric generating equipment (Part X); to amend the agriculture and markets law, in relation to establishing and implementing the NY pride/NY certified program for the voluntary labeling of agricultural products grown and produced in this state (Part Y); to amend the envi- ronmental conservation law, in relation to the use of ultra low sulfur diesel fuel and best available technology by the state (Part Z); establishing the New York state water infrastructure improvement act of 2016 (Part AA); to amend the environmental conservation law, in relation to establishing the paint stewardship program (Part BB); to amend the environmental conservation law and the state finance law, in relation to manufacturer liability for the cost of collection, handl- ing, and recycling and reuse of electronic waste, and compensation by the state to electronic waste collection sites, consolidation facili- ties and recycling facilities for those costs not paid by a manufac- turer (Part CC); to designate as brownfield sites, certain real prop- erty previously owned by the state that has been transitioned to private use or ownership (Part DD); to amend the tax law, in relation to establishing a sales tax exemption for the purchase of electric vehicles and zero emission vehicles in the state; to amend the vehicle and traffic law, in relation to exempting electric vehicles and zero emission vehicles from the emissions inspection requirements; and to amend the public authorities law, in relation to establishing the zero emission vehicle rebate program within the New York state energy research and development authority (Part EE); to amend the navigation law, in relation to license fees per barrel of petroleum (Part FF); to amend the environmental conservation law, in relation to fees for certification of pesticide applicators; and to repeal certain provisions of such law relating thereto (Part GG); to amend part SS of chapter 58 of the laws of 2015 relating to requiring the New York state energy research and development authority to develop standards S. 6408--B 3 and/or criteria that will encourage and increase issuance of loans to low-to-moderate income households for qualified energy efficiency services, in relation to extending to offer financing to certain persons and entities (Part HH); to amend the public service law, in relation to providing a program to extend natural gas delivery to unserved or underserved areas (Part II); to amend the state finance law, in relation to directing the commissioner of the state finance department to develop a comprehensive transportation plan for the state (Part JJ); to amend the public authorities law, in relation to toll discount programs (Part KK); to amend the vehicle and traffic law, in relation to the disposition of certain fees received from the registration of snowmobiles (Part LL); to amend the vehicle and traf- fic law, in relation to the inspection of tinted or shaded windows, airbag systems, and antilock brake systems during the required period- ic inspection of motor vehicles (Part MM); to amend the waterfront commission act, in relation to cargo facility charges by the Port Authority of New York and New Jersey (Part NN); to amend the vehicle and traffic law, in relation to establishing the behavioral-based driver retraining programs; to amend the state finance law, in relation to establishing the behavioral-based driver retraining pilot program fund; and providing for the repeal of such provisions upon expiration thereof (Part OO); to amend the vehicle and traffic law, in relation to providing for a discount on driver's license renewal fees for senior citizens (Part PP); to amend the parks, recreation and historic preservation law, the vehicle and traffic law, the state finance law and the environmental conservation law, in relation to the creation of an ATV trail fund and the use of ATVs (Part QQ); to amend the vehicle and traffic law, the highway law and the general municipal law, in relation to the definition of electric assisted bicycle (Part RR); in relation to discontinuing the collection of tolls for travel between exits forty-nine and fifty of the New York state thruway (Part SS); and to amend the public service law and the public authorities law, in relation to oversight by the New York state public authorities control board (Part TT) 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 which are necessary to implement the state fiscal plan for the 2016-2017 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, includ- ing 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. This act shall be known as the "Transportation Capital Financing Act of 2016". This act commits the state of New York to fund over a multi-year period, $3,500,000,000 in capital costs related to S. 6408--B 4 projects contained in the department of transportation's 2015-2019 capi- tal program. The $3,500,000,000 of additional funds to be provided by the state shall be used by the department of transportation to pay direct capital costs. This act commits the state of New York (state) and the city of New York (city) to fund, over a multi-year period, $10,828,000,000 in capital costs related to projects contained in the MTA's 2015-2019 capital program (capital program). The state share of $8,336,000,000 shall consist of $1,000,000,000 in appropriations first enacted in the 2015-2016 state budget and additional funds sufficient for MTA to pay $7,336,000,000 of capital costs as provided herein. The city share of $2,492,000,000 shall consist of $657,000,000 to be provided by the city from 2015 through 2019, and additional funds suffi- cient for MTA to pay $1,835,000,000 of capital costs for the capital program. The $7,336,000,000 of additional funds to be provided by the state may be used by the MTA to pay direct capital costs and/or the state may fund such $7,336,000,000 of capital costs through financing mechanisms undertaken by the MTA. S 2. (a) The additional funds provided by the state pursuant to section one of this act shall be scheduled and made available to pay for the costs of the capital program after MTA capital resources planned for the capital program, not including additional city and state funds, have been exhausted, or when MTA capital resources planned for the capital program are not available. It is anticipated that state funds shall be required by, and provided to, the MTA in an amount to support $1,500,000,000 of capital costs in the first year in which planned MTA capital resources are exhausted; $2,600,000,000 in the second year; $1,840,000,000 in the third year and $1,396,000,000 in the fourth year or thereafter. (b) Such funds may be provided to the MTA through direct payments from the state and/or financing mechanisms undertaken by the MTA utilizing aid paid by the state on a schedule sufficient to support the capital costs outlined in this act. The director of the budget (director) shall annually determine the level of funding required to meet the state's commitment and recommend such amounts for inclusion in the executive budget. In making such determination, the director shall consider the availability of MTA capital resources planned for the capital program, the current progress and timing of the MTA capital program, the financ- ing mechanisms employed by the MTA, if any, and any other pertinent factors. (c) State funding amounts, whether direct or in support of a financing mechanism undertaken by the MTA, shall be subject to appropriation with- in applicable annual state budgets; provided, however, that in the event the state does not appropriate the full amount of the funding required pursuant to this act in any year, such action shall not reduce the commitment of the state to fund the full state share specified in section one of this act, with the state fulfilling its aggregate commit- ment in this act no later than state fiscal year 2025-2026 or by the completion of the capital program. In the event that the MTA has exhausted all currently available sources of funding, the MTA may, with the approval of the director, issue anticipation notes or other obli- gations secured solely by the additional funds specified in subdivision (a) of this section and shall provide for capitalized interest thereon. S 3. In order to annually determine the adequacy and pace of the level of state funding in support of the MTA's capital program, and to gauge the availability of MTA capital resources planned for the capital program, the director may request, and the MTA shall provide, periodic S. 6408--B 5 reports on the MTA's capital programs and financial activities in a form and on a schedule prescribed by the director. S 4. Intentionally omitted. S 5. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. PART B Intentionally Omitted PART C Intentionally Omitted PART D Section 1. Section 399-l of the vehicle and traffic law, as added by chapter 751 of the laws of 2005, is amended to read as follows: S 399-l. Application. Applicants for participation in the pilot program established pursuant to this article shall be among those acci- dent prevention course sponsoring agencies that have a course approved by the commissioner pursuant to article twelve-B of this title prior to the effective date of this article and which deliver such course to the public. Provided, however, the commissioner may, in his or her discretion, approve applications after such date. In order to be approved for participation in such pilot program, the course must comply with the provisions of law, rules and regulations applicable thereto. The commissioner may, in his or her discretion, impose a fee for the submission of each application to participate in the pilot program established pursuant to this article. Such fee shall not exceed seven thousand five hundred dollars. The proceeds from such fee shall be deposited [in the accident prevention course internet technology pilot program fund as established by section eighty-nine-g of the state finance law] BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB- LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTABLISHED IN THIS SECTION. S 2. Subdivision 2 of section 89-g of the state finance law is REPEALED and subdivisions 3 and 4 are renumbered subdivisions 2 and 3. S 3. Section 5 of chapter 751 of the laws of 2005, amending the insur- ance 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 E of chapter 57 of the laws of 2014, is amended to read as follows: S 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 [May 31, 2019] APRIL 1, 2020; provided that any rules and regulations neces- sary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date. S 4. Paragraph a of subdivision 5 of section 410 of the vehicle and traffic law, as amended by section 16 of part G of chapter 59 of the laws of 2009, is amended to read as follows: a. The annual fee for registration or reregistration of a motorcycle shall be eleven dollars and fifty cents. Beginning April first, nine- teen hundred ninety-eight the annual fee for registration or reregistra- tion of a motorcycle shall be seventeen dollars and fifty cents, of S. 6408--B 6 which two dollars and fifty cents shall be deposited BY THE COMPTROLLER into the [motorcycle safety fund established pursuant to section nine- ty-two-g of the state finance law] SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB- LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTABLISHED IN THIS SECTION. S 5. Paragraph (c-1) of subdivision 2 of section 503 of the vehicle and traffic law, as added by chapter 435 of the laws of 1997, is amended to read as follows: (c-1) In addition to the fees established in paragraphs (b) and (c) of this subdivision, a fee of fifty cents for each six months or portion thereof of the period of validity shall be paid upon the issuance of any permit, license or renewal of a license which is valid for the operation of a motorcycle, except a limited use motorcycle. Fees collected pursu- ant to this paragraph shall be deposited BY THE COMPTROLLER into the [motorcycle safety fund established pursuant to section ninety-two-g of the state finance law] SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTAB- LISHED IN THIS SECTION. S 6. Subdivision 2 of section 92-g of the state finance law is REPEALED and subdivisions 3 and 4 are renumbered subdivisions 2 and 3. S 7. Section 92-g of the state finance law is REPEALED. S 8. Section 317 of the vehicle and traffic law is amended by adding a new subdivision 5 to read as follows: 5. ALL ASSESSMENTS CHARGED AND COLLECTED BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW. S 9. Paragraph (b) of subdivision 1-a of section 318 of the vehicle and traffic law, as amended by section 1-b of part A of chapter 63 of the laws of 2005, is amended to read as follows: (b) Notwithstanding the provisions of paragraph (a) of this subdivi- sion, an order of suspension issued pursuant to paragraph (a) or (e) of this subdivision may be terminated if the registrant pays to the commis- sioner a civil penalty in the amount of eight dollars for each day up to thirty days for which financial security was not in effect, plus ten dollars for each day from the thirty-first to the sixtieth day for which financial security was not in effect, plus twelve dollars for each day from the sixty-first to the ninetieth day for which financial security was not in effect. Of each eight dollar penalty, six dollars will be deposited in the general fund and two dollars in the [miscellaneous special revenue fund - compulsory insurance account] SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTABLISHED IN THIS SECTION. Of each ten dollar penalty collected, six dollars will be deposited in the general fund, two dollars will be deposited in the [miscellaneous special revenue fund - compulsory insurance account] SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTABLISHED IN THIS SECTION, and two dollars shall be deposited in the dedicated highway and bridge trust fund established pursuant to section eighty-nine-b of the state finance law and the dedicated mass transportation fund established pursuant to section eighty-nine-c of the S. 6408--B 7 state finance law and distributed according to the provisions of subdi- vision (d) of section three hundred one-j of the tax law. Of each twelve dollar penalty collected, six dollars will be deposited into the general fund, two dollars will be deposited into the [miscellaneous special revenue fund - compulsory insurance account] SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTABLISHED IN THIS SECTION, and four dollars shall be deposited in the dedicated highway and bridge trust fund established pursuant to section eighty-nine-b of the state finance law and the dedi- cated mass transportation fund established pursuant to section eighty- nine-c of the state finance law and distributed according to the provisions of subdivision (d) of section three hundred one-j of the tax law. The foregoing provision shall apply only once during any thirty-six month period and only if the registrant surrendered the certificate of registration and number plates to the commissioner not more than ninety days from the date of termination of financial security or submits to the commissioner new proof of financial security which took effect not more than ninety days from the termination of financial security. S 10. Section 423-a of the vehicle and traffic law is amended by adding a new subdivision 6 to read as follows: 6. ALL FUNDS COLLECTED FROM THE DEPARTMENT'S SHARE OF THE SALE OF ASSETS PURSUANT TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW. S 11. Paragraph (a) of subdivision 3 of section 89-b of the state finance law, as amended by section 8 of part C of chapter 57 of the laws of 2014, is amended to read as follows: (a) The special obligation reserve and payment account shall consist (i) of all moneys required to be deposited in the dedicated highway and bridge trust fund pursuant to the provisions of sections two hundred five, two hundred eighty-nine-e, three hundred one-j, five hundred fifteen and eleven hundred sixty-seven of the tax law, section four hundred one of the vehicle and traffic law, and section thirty-one of chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all fees, fines or penalties collected by the commissioner of transportation AND THE COMMISSIONER OF MOTOR VEHICLES pursuant to section fifty-two, section three hundred twenty-six, section eighty-eight of the highway law, subdivision fifteen of section three hundred eighty-five, SECTION FOUR HUNDRED TWENTY-THREE-A, SECTION FOUR HUNDRED TEN, SECTION THREE HUNDRED SEVENTEEN, SECTION THREE HUNDRED EIGHTEEN, ARTICLE TWELVE-C, AND PARAGRAPH (C-1) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THREE of the vehicle and traffic law, section two of the chapter of the laws of two thousand three that amended this paragraph, subdivision (d) of section three hundred four-a, paragraph one of subdivision (a) and subdivision (d) of section three hundred five, subdivision six-a of section four hundred fifteen and subdivision (g) of section twenty-one hundred twen- ty-five of the vehicle and traffic law, section fifteen of this chapter, excepting moneys deposited with the state on account of betterments performed pursuant to subdivision twenty-seven or subdivision thirty- five of section ten of the highway law, and sections ninety-four, one hundred thirty-five, [one hundred forty-four] and one hundred forty-five of the transportation law, (iii) any moneys collected by the department of transportation for services provided pursuant to agreements entered into in accordance with section ninety-nine-r of the general municipal S. 6408--B 8 law, (IV) ANY MONEYS COLLECTED BY THE DEPARTMENT OF MOTOR VEHICLES, and [(iv)] (V) any other moneys collected therefor or credited or trans- ferred thereto from any other fund, account or source. S 12. Paragraph (a) of subdivision 3 of section 89-b of the state finance law, as amended by section 9 of part C of chapter 57 of the laws of 2014, is amended to read as follows: (a) The special obligation reserve and payment account shall consist (i) of all moneys required to be deposited in the dedicated highway and bridge trust fund pursuant to the provisions of sections two hundred eighty-nine-e, three hundred one-j, five hundred fifteen and eleven hundred sixty-seven of the tax law, section four hundred one of the vehicle and traffic law, and section thirty-one of chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all fees, fines or penalties collected by the commissioner of transportation AND THE COMMISSIONER OF MOTOR VEHICLES pursuant to section fifty-two, section three hundred twenty-six, section eighty-eight of the highway law, subdivision fifteen of section three hundred eighty-five, SECTION FOUR HUNDRED TWENTY-THREE-A, SECTION FOUR HUNDRED TEN, SECTION THREE HUNDRED SEVENTEEN, SECTION THREE HUNDRED EIGHTEEN, ARTICLE TWELVE-C, AND PARA- GRAPH (C-1) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THREE of the vehicle and traffic law, section fifteen of this chapter, excepting moneys deposited with the state on account of betterments performed pursuant to subdivision twenty-seven or subdivision thirty-five of section ten of the highway law, and sections ninety-four, one hundred thirty-five, [one hundred forty-four] and one hundred forty-five of the transportation law, (iii) any moneys collected by the department of transportation for services provided pursuant to agreements entered into in accordance with section ninety-nine-r of the general municipal law, (IV) ANY MONEYS COLLECTED BY THE DEPARTMENT OF MOTOR VEHICLES, and [(iv)] (V) any other moneys collected therefor or credited or trans- ferred thereto from any other fund, account or source. S 13. This act shall take effect immediately; provided, however, that section seven of this act shall take effect April 1, 2020; provided further, however, that the amendments to section 399-1 of the vehicle and traffic law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith; and provided further, however, that the amendments to paragraph (a) of subdivision 3 of section 89-b of the state finance law made by section eleven of this act shall be subject to the expiration and reversion of such paragraph pursuant to section 13 of part U1 of chapter 62 of the laws of 2003, as amended, when upon such date the provisions of section twelve of this act shall take effect. PART E Section 1. Subparagraph (vi) of paragraph (b) of subdivision 2 of section 501 of the vehicle and traffic law, as added by chapter 173 of the laws of 1990, is amended to read as follows: (vi) Farm endorsement. Shall be required to operate a farm vehicle or a combination of farm vehicles which may not be operated with a class C, D or E license AND WHICH IS USED TO TRANSPORT HAZARDOUS MATERIALS AS DEFINED IN SECTION ONE HUNDRED THREE OF THE HAZARDOUS MATERIALS TRANS- PORTATION ACT, PUBLIC LAW 93-633 TITLE I, WHEN THE VEHICLE TRANSPORTING SUCH MATERIALS IS REQUIRED TO BE PLACARDED UNDER THE HAZARDOUS MATERIALS REGULATION, 49 CFR PART 172, SUBPART F OR IS TRANSPORTING ANY QUANTITY OF MATERIAL LISTED AS A SELECT AGENT OR TOXIN IN 42 CFR PART 73. The S. 6408--B 9 identification and scope of any such endorsement or endorsements shall be as prescribed by regulation of the commissioner. Such identification and scope shall, at a minimum, include a distinction between the opera- tion of a farm vehicle having a GVWR of more than twenty-six thousand pounds within one hundred fifty miles of the person's farm and the oper- ation of a combination of farm vehicles having a GVWR of more than twen- ty-six thousand pounds within one hundred fifty miles of the person's farm. S 2. Subparagraph (i) of paragraph (b) of subdivision 4 of section 501-a of the vehicle and traffic law, as amended by chapter 36 of the laws of 2009, is amended to read as follows: (i) a personal use vehicle, A COVERED FARM VEHICLE or a farm vehicle or a combination of such vehicles; S 3. Subdivision 7 of section 501-a of the vehicle and traffic law, as added by chapter 173 of the laws of 1990, is amended and a new subdivi- sion 9 is added to read as follows: 7. Farm vehicle. A vehicle having a GVWR of not more than twenty-six thousand pounds which is controlled and operated by a farmer, is used to transport agricultural products, farm machinery, farm supplies or all of the aforementioned to or from the farm and is not used in the operations of a common or contract motor carrier and, such a vehicle having a GVWR of more than twenty-six thousand pounds while being used within one hundred fifty miles of the person's farm, AND SUCH VEHICLE IS USED TO TRANSPORT HAZARDOUS MATERIALS AS DEFINED IN SECTION ONE HUNDRED THREE OF THE HAZARDOUS MATERIALS TRANSPORTATION ACT, PUBLIC LAW 93-633, TITLE I, WHEN THE VEHICLE TRANSPORTING SUCH MATERIALS IS REQUIRED TO BE PLACARDED UNDER THE HAZARDOUS MATERIALS REGULATION, 49 CFR PART 172, SUBPART F OR IS TRANSPORTING ANY QUANTITY OF MATERIAL LISTED AS A SELECT AGENT OR TOXIN IN 42 CFR PART 73; PROVIDED, HOWEVER, A FARM VEHICLE MAY ONLY BE OPERATED IN ANOTHER STATE IF SUCH STATE PERMITS THE OPERATION OF A FARM VEHICLE IN SUCH STATE. 9. COVERED FARM VEHICLE. (A) A VEHICLE OR COMBINATION OF VEHICLES REGISTERED IN THIS STATE, WHICH (I) DISPLAYS A COVERED FARM VEHICLE DESIGNATION ISSUED BY THE COMMISSIONER, (II) OPERATED BY THE OWNER OR OPERATOR OF A FARM OR RANCH, OR AN EMPLOYEE OR FAMILY MEMBER OF AN OWNER OR OPERATOR OF A FARM OR RANCH, (III) USED TO TRANSPORT AGRICULTURAL COMMODITIES, LIVESTOCK, MACHINERY OR SUPPLIES TO OR FROM A FARM OR RANCH, (IV) NOT USED IN FOR-HIRE MOTOR CARRIER OPERATIONS; HOWEVER, FOR-HIRE MOTOR CARRIER OPERATIONS DO NOT INCLUDE OPERATION BY A TENANT PURSUANT TO A CROP SHARE FARM LEASE AGREEMENT TO TRANSPORT THE LAND- LORD'S PORTION OF THE CROPS UNDER THAT AGREEMENT; AND (V) NOT USED FOR THE TRANSPORTATION OF HAZARDOUS MATERIALS. (B) A COVERED FARM VEHICLE WITH A GROSS VEHICLE WEIGHT OR GROSS VEHI- CLE WEIGHT RATING, WHICHEVER IS GREATER, OF TWENTY-SIX THOUSAND POUNDS OR LESS, MAY OPERATE ANYWHERE IN THE UNITED STATES. (C) A COVERED FARM VEHICLE WITH A GROSS VEHICLE WEIGHT OR GROSS VEHI- CLE WEIGHT RATING, WHICHEVER IS GREATER, OF MORE THAN TWENTY-SIX THOU- SAND POUNDS, MAY OPERATE ANYWHERE IN THIS STATE OR ACROSS STATE LINES WITHIN ONE HUNDRED FIFTY AIR MILES OF THE FARM OR RANCH. THE OPERATOR OF SUCH A COVERED FARM VEHICLE SHALL OBTAIN AN ENDORSEMENT AS PROVIDED FOR IN PARAGRAPH (D) OF THIS SUBDIVISION. (D) THE COMMISSIONER SHALL, BY REGULATION, DESIGNATE AN ENDORSEMENT OR ENDORSEMENTS FOR THE OPERATION OF COVERED FARM VEHICLES WEIGHING MORE THAN TWENTY-SIX THOUSAND POUNDS. THE IDENTIFICATION AND SCOPE OF SUCH ENDORSEMENT OR ENDORSEMENTS SHALL, AT A MINIMUM, INCLUDE A DISTINCTION BETWEEN THE OPERATION OF A COVERED FARM VEHICLE HAVING A GROSS VEHICLE S. 6408--B 10 WEIGHT OR GROSS VEHICLE WEIGHT RATING OF MORE THAN TWENTY-SIX THOUSAND POUNDS AND THE OPERATION OF A COMBINATION OF COVERED FARM VEHICLES HAVING A GROSS VEHICLE WEIGHT OR GROSS VEHICLE WEIGHT RATING OF MORE THAN TWENTY-SIX THOUSAND POUNDS. (E) FOR THE PURPOSES OF THIS SUBDIVISION, THE GROSS VEHICLE WEIGHT OF A VEHICLE SHALL MEAN THE ACTUAL WEIGHT OF THE VEHICLE AND THE LOAD. S 4. Subparagraph (iv) of paragraph (b) of subdivision 2 of section 501 of the vehicle and traffic law, as added by chapter 173 of the laws of 1990, is amended to read as follows: (iv) P endorsement. Shall be required to operate a bus as defined in sections one hundred four and five hundred nine-a of this chapter OR ANY MOTOR VEHICLE WITH A GROSS VEHICLE WEIGHT OR GROSS VEHICLE WEIGHT RATING OF MORE THAN TWENTY-SIX THOUSAND POUNDS WHICH IS DESIGNED TO TRANSPORT PASSENGERS IN COMMERCE. FOR THE PURPOSES OF THIS SUBPARAGRAPH THE GROSS VEHICLE WEIGHT OF A VEHICLE SHALL MEAN THE ACTUAL WEIGHT OF THE VEHICLE AND THE LOAD. S 5. This act shall take effect on the ninetieth day after it shall have become a law. PART F 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 M of chapter 58 of the laws of 2015, 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, [2016] 2017. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2016. PART G 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 N of chapter 58 of the laws of 2015, is amended to read as follows: S 2. This act shall take effect immediately provided, however, that section one of this act shall expire on July 1, [2016] 2017, 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. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. PART H Section 1. This act shall be known and may be cited as the "transfor- mational economic development infrastructure and revitalization projects act". S 2. Definitions. For the purposes of this act, the following terms shall have the following meanings: S. 6408--B 11 1. "Transformational economic development infrastructure and revitali- zation projects act" or "projects" shall include construction projects in the county of New York related to the Jacob V. Javits Convention Center, the Empire State Station Complex, the James A. Farley Building Replacement, and the Pennsylvania Station New York Redevelopment. The term "project" shall refer to any of these construction projects. 2. "Authorized entity" shall mean the New York State Urban Development Corporation, the New York Convention Center Development Corporation, and their subsidiaries. 3. "Best value" shall mean the basis for awarding contracts for services to the bidder that optimize quality, cost and efficiency, price and performance criteria, which may include, but is not limited to: (a) The quality of the contractor's performance on previous projects; (b) The timeliness of the contractor's performance on previous projects; (c) The level of customer satisfaction with the contractor's perform- ance on previous projects; (d) The contractor's record of performing previous projects on budget and ability to minimize cost overruns; (e) The contractor's ability to limit change orders; (f) The contractor's ability to prepare appropriate project plans; (g) The contractor's technical capacities; (h) The individual qualifications of the contractor's key personnel; (i) The contractor's ability to assess and manage risk and minimize risk impact; and (j) The contractor's past record of encouraging women and minority- owned business enterprise participation and compliance with article 15-A of the executive law. Such basis shall reflect, wherever possible, objective and quantifi- able analysis. 4. "Design-build contract" shall mean, in conformity with the require- ments of this act, a contract for the design and construction of the projects with a single entity, which may be a team comprised of separate entities. 5. "Procurement record" shall mean documentation of the decisions made and the approach taken in the procurement process. 6. "Project labor agreement" shall mean a pre-hire collective bargain- ing agreement between a contractor and a bona fide building and construction trade labor organization establishing the labor organiza- tion as the collective bargaining representative for all persons who will perform work on the project, and which provides that only contrac- tors and subcontractors who sign a pre-negotiated agreement with the labor organization can perform project work. S 3. Notwithstanding section 103 of the general municipal law or the provisions of any other law to the contrary, in conformity with the requirements of this act, and only when a project labor agreement is performed, the authorized entity may utilize the alternative delivery method referred to as a design-build contract for the project. The authorized entity shall ensure that its procurement record reflects the design-build contract process authorized by this act. S 4. An entity selected by the authorized entity to enter into a design-build contract for the project shall be selected through a two- step method, as follows: 1. Step one. Generation of a list of entities that have demonstrated the general capability to perform a design-build contract for the project. Such list shall consist of a specified number of entities, as S. 6408--B 12 determined by the authorized entity, and shall be generated based upon the authorized entity's review of responses to a publicly advertised request for qualifications for the project. The authorized entity's request for qualifications for the project shall include a general description of the project, the maximum number of entities to be included on the list, and the selection criteria to be used in generat- ing the list. Such selection criteria shall include the qualifications and experience of the design and construction team, organization, demon- strated responsibility, ability of the team or of a member or members of the team to comply with applicable requirements, including the provisions of articles 145, 147 and 148 of the education law, past record of compliance with the labor law including prevailing wage requirements under state and federal law; the past record of compliance with existing labor standards and maintaining harmonious labor relations; the record of protecting the health and safety of workers on public works projects and job sites as demonstrated by the experience modification rate for each of the last three years; the prospective bidder's ability to undertake the particular type and complexity of work; the financial capability, responsibility and reliability of the prospective bidder for such type and complexity of work; the prospective bidder's compliance with equal employment opportunity requirements and anti-discrimination laws, and demonstrated commitment to working with minority and women-owned businesses through joint ventures or subcon- tractor relationships; whether or not the prospective bidder or a person or entity with an interest of at least ten per centum in the prospective bidder, is debarred for having disregarded obligations to employees under the Davis-Bacon Act pursuant to 40 U.S.C. 3144 and 29 C.F.R. 5.12 and such other qualifications the authorized entity deems appropriate which may include but are not limited to project understanding, finan- cial capability and record of past performance. The authorized entity shall evaluate and rate all entities responding to the request for qual- ifications. Based upon such ratings, the authorized entity shall list the entities that shall receive a request for proposals in accordance with subdivision two of this section. To the extent consistent with applicable federal law, the authorized entity shall consider, when awarding any contract pursuant to this section, the participation of: (a) firms certified pursuant to article 15-A of the executive law as minority or women-owned businesses and the ability of other businesses under consideration to work with minority and women-owned businesses so as to promote and assist participation by such businesses; and (b) small business concerns identified pursuant to subdivision (b) of section 139-g of the state finance law. 2. Step two. Selection of the proposal which is the best value to the authorized entity. The authorized entity shall issue a request for proposals for the project to the entities listed pursuant to subdivision one of this section. If such an entity consists of a team of separate entities, the entities that comprise such a team must remain unchanged from the entity as listed pursuant to subdivision one of this section unless otherwise approved by the authorized entity. The request for proposals for the project shall set forth the project's scope of work, and other requirements, as determined by the authorized entity. The request for proposals shall specify the criteria to be used to evaluate the responses and the relative weight of each such criteria. Such crite- ria shall include the proposal's cost, the quality of the proposal's solution, the qualifications and experience of the design-build entity, and other factors deemed pertinent by the authorized entity, which may S. 6408--B 13 include, but shall not be limited to, the proposal's project implementa- tion, ability to complete the work in a timely and satisfactory manner, maintenance costs of the completed project, maintenance of traffic approach, and community impact. Any contract awarded pursuant to this act shall be awarded to a responsive and responsible entity that submits the proposal, which, in consideration of these and other specified criteria deemed pertinent to the project, offers the best value to the authorized entity, as determined by the authorized entity. Nothing in this act shall be construed to prohibit the authorized entity from nego- tiating final contract terms and conditions including cost. 3. Notwithstanding the foregoing provisions of this section, an entity selected by the authorized entity to enter into a design-build contract for this project shall determine, before awarding any contracts author- ized by this act, whether the bidder, or a person or entity with an interest of at least ten per centum in the bidder, is included in the published list of debarred contractors pursuant to 40 U.S.C. 3144 and 29 C.F.R. 5.12, for having disregarded obligations to employees under the Davis Bacon Act, and the bidder's inclusion on such list must be taken into consideration in deciding whether the bidder is awarded any contract. S 5. Any contract entered into pursuant to this act shall include a clause requiring that any professional services regulated by articles 145, 147 and 148 of the education law shall be performed and stamped and sealed, where appropriate, by a professional licensed in accordance with such articles. S 6. The construction, demolition, reconstruction, excavation, reha- bilitation, repair, renovation of the project undertaken by the author- ized entity pursuant to this act shall be deemed a "public work" to be performed in accordance with the provisions of article 8 of the labor law, as well as subject to sections 200, 240, 241 and 242 of the labor law and enforcement of prevailing wage requirements by the New York state department of labor. S 7. A project labor agreement shall be included in the request for proposals for the project, provided that, based upon a study done by or for the authorized entity, the authorized entity determines that its interests are best met by requiring a project labor agreement. The authorized entity shall conduct such a study and the project labor agreement shall be performed consistent with the provisions of section 222 of the labor law. If a project labor agreement is not performed on the project; (1) the authorized entity shall not utilize a design-build contract for the project; and (2) sections 101 and 103 of the general municipal law and section 135 of the state finance law shall apply to the project. S 8. Each contract entered into by the authorized entity pursuant to this act shall comply, whenever practical, with the objectives and goals of minority and women-owned business enterprises pursuant to article 15-A of the executive law or, if the project receives federal aid, shall comply with applicable federal requirements for disadvantaged business enterprises. S 9. The project undertaken by the authorized entity pursuant to this act shall be subject to the requirements of article 8 of the environ- mental conservation law, and, where applicable, the requirements of the national environmental policy act. S 10. The submission of a proposal or responses or the execution of a design-build contract pursuant to this act shall not be construed to be a violation of section 6512 of the education law. S. 6408--B 14 S 11. Nothing contained in this act shall limit the right or obli- gation of the authorized entity to comply with the provisions of any existing contract, including any existing contract with or for the bene- fit of the holders of the obligations of the authorized entity, or to award contracts as otherwise provided by law. S 12. This act shall take effect immediately. PART I Section 1. Notwithstanding any law to the contrary, the comptroller is hereby authorized and directed to receive for deposit to the credit of the general fund the amount of up to $913,000 from the New York state energy research and development authority. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. PART J Section 1. Expenditures of moneys by the New York state energy research and development authority 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 $750,000 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 subdivi- sion 13 of section 2 of the public service law, where such gas corpo- rations and electric corporations have gross revenues from intrastate utility operations in excess of $500,000 in the preceding calendar year, and the total amount which may be charged to any gas corporation and any electric corporation shall not exceed one cent per one thousand cubic feet of gas sold and .010 cent per kilowatt-hour of electricity sold by such corporations in their intrastate utility operations in calendar year 2014. 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, 2016 and such amounts shall be paid to the New York state energy research and development authority on or before September 10, 2016. Upon receipt, the New York state energy research and development authority shall deposit such funds in the energy research and development operating fund estab- lished pursuant to section 1859 of the public authorities law. The New York state energy research and development authority is authorized and directed to transfer $750,000 to the University of Rochester laboratory for laser energetics from the funds received; and 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 commit- ments 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 item- ized 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, S. 6408--B 15 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 elec- tric corporations, in a manner to be determined by the department of public service. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. PART K Intentionally Omitted PART L Section 1. Paragraph (c) of subdivision 12 of section 66 of the public service law, as amended by chapter 162 of the laws of 1998, is amended to read as follows: (c) For the purpose of this subdivision, "major changes" shall mean an increase in the rates and charges which would increase the aggregate revenues of the applicant more than the greater of three hundred thou- sand dollars or two and one-half percent, but shall not include changes in rates, charges or rentals (I) allowed to go into effect by the commission or made by the utility pursuant to an order of the commission after hearings held upon notice to the public, OR (II) PROPOSED BY A MUNICIPALITY. S 2. Intentionally omitted. S 3. Intentionally omitted. S 4. Intentionally omitted. S 5. This act shall take effect immediately. PART M Section 1. Section 2 of chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, as amended by section 1 of part T of chapter 58 of the laws of 2015, is amended to read as follows: S 2. This act shall take effect immediately, provided however, that section one of this act shall be deemed to have been in full force and effect on and after April 1, 2003 and shall expire March 31, [2016] 2017. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 31, 2016. PART N Intentionally Omitted PART O S. 6408--B 16 Section 1. Chapter 912 of the laws of 1920 relating to the regulation of boxing, sparring, and wrestling is REPEALED. S 2. Article 40 and sections 900 and 901 of the general business law, as renumbered by chapter 407 of the laws of 1973, are renumbered article 43 and sections 1200 and 1201, respectively, and a new article 41 is added to read as follows: ARTICLE 41 COMBATIVE SPORTS SECTION 1000. DEFINITIONS. 1001. COMBATIVE SPORTS AUTHORIZED. 1002. COMBATIVE SPORTS PROHIBITED. 1003. STATE ATHLETIC COMMISSION. 1004. JURISDICTION OF THE COMMISSION. 1005. OFFICERS AND EMPLOYEES OF THE COMMISSION. 1006. SANCTIONING ENTITIES. 1007. LICENSES; GENERAL PROVISIONS. 1008. LICENSES; JUDGES. 1009. LICENSES; ENTITIES. 1010. LICENSES; PROFESSIONALS. 1011. TEMPORARY WORKING PERMITS. 1012. TEMPORARY TRAINING FACILITIES. 1013. MEDICAL ADVISORY BOARD. 1014. REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. 1015. CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. 1016. REQUIRED FILINGS. 1017. PROFESSIONAL WRESTLING; PROMOTERS. 1018. PROHIBITED CONDUCT. 1019. PENALTIES. 1020. SUBPOENAS BY COMMISSION; OATHS. 1021. EXCEPTIONS. 1022. DISPOSITION OF RECEIPTS. S 1000. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "AMATEUR" MEANS ANY PARTICIPANT IN A COMBATIVE SPORT AUTHORIZED PURSUANT TO THIS ARTICLE WHO IS NOT RECEIVING OR COMPETING FOR, AND WHO HAS NEVER RECEIVED OR COMPETED FOR, ANY PURSE, MONEY, PRIZE, PECUNIARY GAIN, OR OTHER THING OF VALUE EXCEEDING SEVENTY-FIVE DOLLARS OR THE ALLOWABLE AMOUNT ESTABLISHED BY THE AUTHORIZED AMATEUR SANCTIONING ENTITY OVERSEEING THE COMPETITION. 2. "AUTHORIZED SANCTIONING ENTITY" MEANS AN ENTITY ALLOWED TO OVERSEE AND CONDUCT COMBATIVE SPORTS PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSION. 3. "COMBATIVE SPORT" MEANS ANY UNARMED BOUT, CONTEST, COMPETITION, MATCH, OR EXHIBITION UNDERTAKEN TO ENTERTAIN AN AUDIENCE, WHEREIN THE PARTICIPANTS PRIMARILY GRAPPLE OR WRESTLE, OR DELIVER BLOWS OF ANY KIND TO, OR USE FORCE IN ANY WAY TO MANIPULATE, THE BODY OF ANOTHER PARTIC- IPANT, AND WHEREIN THE OUTCOME AND SCORE DEPEND ENTIRELY ON SUCH ACTIV- ITIES. 4. "COMMISSION" MEANS THE STATE ATHLETIC COMMISSION AS PROVIDED FOR IN SECTION ONE THOUSAND THREE OF THIS ARTICLE, OR AN AGENT OR EMPLOYEE OF THE STATE ATHLETIC COMMISSION ACTING ON ITS BEHALF. 5. "MIXED MARTIAL ARTS" MEANS A COMBATIVE SPORT WHEREIN THE RULES OF ENGAGEMENT DO NOT LIMIT THE PARTICIPANTS TO A SINGLE, SYSTEMATIC, FIGHT- ING DISCIPLINE. 6. "PROFESSIONAL" MEANS ANY PARTICIPANT IN A COMBATIVE SPORT AUTHOR- IZED PURSUANT TO THIS ARTICLE, OTHER THAN AN AMATEUR, WHO IS RECEIVING OR COMPETING FOR, OR WHO HAS EVER RECEIVED OR COMPETED FOR, ANY PURSE, S. 6408--B 17 MONEY, PRIZE, PECUNIARY GAIN, OR OTHER THING EXCEEDING SEVENTY-FIVE DOLLARS IN VALUE. S 1001. COMBATIVE SPORTS AUTHORIZED. COMBATIVE SPORTS CONDUCTED UNDER THE SUPERVISION OF THE COMMISSION, UNDER THE SUPERVISION OF AN AUTHOR- IZED SANCTIONING ENTITY, OR AS PROVIDED FOR IN SECTION ONE THOUSAND TWENTY-ONE OF THIS ARTICLE, ARE HEREBY AUTHORIZED. AUTHORIZED COMBATIVE SPORTS INCLUDE, AMATEUR AND PROFESSIONAL BOXING, WRESTLING, SPARRING, KICK BOXING, SINGLE DISCIPLINE MARTIAL ARTS AND MIXED MARTIAL ARTS, PURSUANT TO THE PROVISIONS OF THIS ARTICLE. S 1002. COMBATIVE SPORTS PROHIBITED. 1. THE CONDUCT OF COMBATIVE SPORTS OUTSIDE THE SUPERVISION OF THE COMMISSION OR AN AUTHORIZED SANC- TIONING ENTITY IS PROHIBITED. 2. A PERSON ADVANCES A PROHIBITED COMBATIVE SPORT WHEN, ACTING OTHER THAN AS A SPECTATOR, HE OR SHE ENGAGES IN CONDUCT WHICH MATERIALLY AIDS ANY UNAUTHORIZED COMBATIVE SPORT. SUCH CONDUCT INCLUDES BUT IS NOT LIMITED TO CONDUCT DIRECTED TOWARD THE CREATION, ESTABLISHMENT OR PERFORMANCE OF A PROHIBITED COMBATIVE SPORT, TOWARD THE ACQUISITION OR MAINTENANCE OF PREMISES, PARAPHERNALIA, EQUIPMENT OR APPARATUS THEREFOR, TOWARD THE SOLICITATION OR INDUCEMENT OF PERSONS TO ATTEND OR PARTIC- IPATE THEREIN, TOWARD THE ACTUAL CONDUCT OF THE PERFORMANCE THEREOF, TOWARD THE ARRANGEMENT OF ANY OF ITS FINANCIAL OR PROMOTIONAL PHASES, OR TOWARD ANY OTHER PHASE OF A PROHIBITED COMBATIVE SPORT. ONE ADVANCES A PROHIBITED COMBATIVE SPORT WHEN, HAVING SUBSTANTIAL PROPRIETARY OR OTHER AUTHORITATIVE CONTROL OVER PREMISES BEING USED WITH HIS OR HER KNOWLEDGE FOR PURPOSES OF A PROHIBITED COMBATIVE SPORT, HE OR SHE PERMITS SUCH TO OCCUR OR CONTINUE OR MAKES NO EFFORT TO PREVENT ITS OCCURRENCE OR CONTINUATION. 3. A PERSON PROFITS FROM A PROHIBITED COMBATIVE SPORT WHEN HE OR SHE ACCEPTS OR RECEIVES MONEY OR OTHER PROPERTY WITH INTENT TO PARTICIPATE IN THE PROCEEDS OF A PROHIBITED COMBATIVE SPORT, OR PURSUANT TO AN AGREEMENT OR UNDERSTANDING WITH ANY PERSON WHEREBY HE OR SHE PARTIC- IPATES OR IS TO PARTICIPATE IN THE PROCEEDS OF A PROHIBITED COMBATIVE SPORT. S 1003. STATE ATHLETIC COMMISSION. 1. THE STATE ATHLETIC COMMISSION, AS NAMED BY CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED TWENTY, AS AMENDED BY CHAPTER SIX HUNDRED THREE OF THE LAWS OF NINETEEN HUNDRED EIGHTY-ONE, IS CONTINUED AS A DIVISION OF THE DEPARTMENT OF STATE. THE COMMISSION SHALL ACT IN THE BEST INTERESTS OF COMBATIVE SPORTS. THE COMMISSION IS ENACTED TO PROTECT THE HEALTH, SAFETY AND GENERAL WELFARE OF ALL PARTICIPANTS IN COMBATIVE SPORTS AND SPECTATORS THEREOF, TO PRESERVE THE INTEGRITY OF COMBATIVE SPORTS THROUGH THE MEANS OF LICENSING, OVERSIGHT, ENFORCEMENT AND THE AUTHORIZATION OF SANCTION- ING ENTITIES, AND TO FACILITATE THE DEVELOPMENT AND RESPONSIBLE CONDUCT OF COMBATIVE SPORTS THROUGHOUT THE ENTIRE STATE. THE COMMISSION SHALL CONSIST OF FIVE MEMBERS WHO SHALL BE APPOINTED BY THE GOVERNOR BY AND WITH THE ADVICE AND CONSENT OF THE SENATE. THE GOVERNOR SHALL DESIGNATE ONE OF THE MEMBERS AS CHAIRPERSON OF THE COMMISSION. THE MEMBERS OF THE COMMISSION SHALL BE APPOINTED FOR TERMS OF THREE YEARS. ANY VACANCY IN THE MEMBERSHIP OF THE COMMISSION CAUSED OTHERWISE THAN BY EXPIRATION OF TERM SHALL BE FILLED ONLY FOR THE BALANCE OF THE TERM OF THE MEMBER IN WHOSE POSITION THE VACANCY OCCURS. 2. THE COMMISSIONERS SHALL BE PAID THEIR ACTUAL AND NECESSARY TRAVEL- ING AND OTHER EXPENSES INCURRED BY THEM IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES. THE MEMBERS OF THE COMMISSION SHALL ADOPT A SEAL FOR THE COMMISSION, AND MAKE SUCH RULES FOR THE ADMINISTRATION OF THEIR OFFICE, NOT INCONSISTENT HEREWITH, AS THEY MAY DEEM EXPEDIENT; AND THEY S. 6408--B 18 MAY AMEND OR ABROGATE SUCH RULES. THREE OF THE MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM TO DO BUSINESS; AND THE CONCURRENCE OF A MAJORITY OF THE COMMISSIONERS PRESENT SHALL BE NECESSARY TO RENDER A DETERMINATION BY THE COMMISSION. THE COMMISSION IS VESTED WITH THE AUTHORITY TO ADOPT SUCH RULES AND REGULATIONS AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS ARTICLE. S 1004. JURISDICTION OF THE COMMISSION. THE COMMISSION SHALL HAVE AND IS HEREBY VESTED WITH THE SOLE DIRECTION, MANAGEMENT, CONTROL AND JURIS- DICTION OVER: 1. ALL AUTHORIZED COMBATIVE SPORTS; 2. ALL LICENSES OR PERMITS GRANTED BY THE COMMISSION TO ANY AND ALL PERSONS OR ENTITIES WHO PARTICIPATE IN AUTHORIZED COMBATIVE SPORTS; 3. ALL DETERMINATIONS REGARDING THE AUTHORIZATION OF AMATEUR AND PROFESSIONAL SANCTIONING ENTITIES; 4. ALL GYMS, CLUBS, TRAINING CAMPS AND OTHER ORGANIZATIONS THAT MAIN- TAIN TRAINING FACILITIES TO PREPARE PERSONS FOR PARTICIPATION IN AUTHOR- IZED PROFESSIONAL COMBATIVE SPORTS; 5. THE PROMOTION OF PROFESSIONAL WRESTLING EXHIBITIONS TO THE EXTENT PROVIDED FOR IN THIS ARTICLE; AND 6. ALL CONTRACTS DIRECTLY RELATED TO THE CONDUCT OF AUTHORIZED PROFES- SIONAL COMBATIVE SPORTS IN THE STATE OF NEW YORK. 7. ALL DISCLOSURES TO THE COMMISSION SHALL BE DEEMED CONFIDENTIAL. S 1005. OFFICERS AND EMPLOYEES OF THE COMMISSION. THE SECRETARY OF STATE MAY APPOINT, AND AT HIS OR HER PLEASURE REMOVE, AN EXECUTIVE DIRECTOR, DEPUTIES, OFFICERS, INSPECTORS, PHYSICIANS AND ANY SUCH OTHER EMPLOYEES AS MAY BE NECESSARY TO ADMINISTER THE PROVISIONS OF THIS ARTI- CLE AND FIX THEIR SALARIES WITHIN THE AMOUNT APPROPRIATED THEREFOR. S 1006. SANCTIONING ENTITIES. 1. THE COMMISSION SHALL PROMULGATE REGU- LATIONS ESTABLISHING A PROCESS BY WHICH ENTITIES MAY BE RECOGNIZED AND APPROVED BY THE COMMISSION AS AUTHORIZED SANCTIONING ENTITIES FOR A PERIOD OF TIME TO BE ESTABLISHED BY THE COMMISSION, DURING WHICH THE ENTITY WILL BE ALLOWED TO OVERSEE AND CONDUCT COMBATIVE SPORTS WITHIN THE STATE OF NEW YORK. THE COMMISSION MAY, IN ITS REASONABLE DISCRETION, LIMIT THE SCOPE OF ANY RECOGNITION AND APPROVAL OF A SANCTIONING ENTITY TO THE OVERSIGHT AND CONDUCT OF ONE OR MORE SPECIFIC COMBAT DISCIPLINES, AMATEUR OR PROFESSIONAL COMBATIVE SPORTS, OR TO ANY COMBINATION OF THE FOREGOING BASED ON THE QUALIFICATIONS, INTEGRITY AND HISTORY OF THE ENTITY SEEKING AUTHORIZATION AS A SANCTIONING ENTITY. 2. THE COMMISSION SHALL EVALUATE FACTORS INCLUDING BUT NOT LIMITED TO: (A) THE ENTITY'S STATED MISSION AND PRIMARY PURPOSE; (B) WHETHER THE ENTITY REQUIRES PARTICIPANTS IN COMBATIVE SPORTS TO USE HAND, FOOT AND GROIN PROTECTION; (C) WHETHER THE ENTITY HAS AN ESTABLISHED SET OF RULES THAT REQUIRES THE IMMEDIATE TERMINATION OF ANY COMBATIVE SPORT WHEN ANY PARTICIPANT HAS ENDURED SEVERE PUNISHMENT OR IS IN DANGER OF SUFFERING SERIOUS PHYS- ICAL INJURY; AND (D) WHETHER THE ENTITY HAS ESTABLISHED PROTOCOLS TO EFFECTUATE THE APPROPRIATE AND TIMELY MEDICAL TREATMENT OF INJURED PERSONS. S 1007. LICENSES; GENERAL PROVISIONS. 1. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX, ONE THOUSAND ELEVEN, AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE, WITH RESPECT TO ALL AUTHORIZED PROFESSIONAL COMBATIVE SPORTS IN THIS STATE, ALL CORPORATIONS, ENTITIES, PERSONS, REFEREES, JUDGES, MATCH-MAKERS, TIMEKEEPERS, PROFESSIONALS, AND THEIR MANAGERS, TRAINERS, AND SECONDS SHALL BE LICENSED BY THE COMMISSION. NO SUCH CORPORATION, ENTITY OR PERSON SHALL BE PERMITTED TO PARTICIPATE, EITHER DIRECTLY OR INDIRECTLY, IN ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT, OR THE HOLDING THEREOF, OR THE OPERATION OF ANY TRAINING FACILITY S. 6408--B 19 PROVIDING CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN PART FOR THE USE OF PROFESSIONAL BOXERS OR PROFESSIONAL MIXED MARTIAL ARTS PARTICIPANTS, UNLESS SUCH CORPORATION OR PERSONS SHALL HAVE FIRST PROCURED A LICENSE FROM THE COMMISSION. THE COMMISSION SHALL ESTABLISH BY RULE AND REGULATION LICENSING STANDARDS FOR ALL LICENSEES. 2. EVERY APPLICATION FOR A LICENSE SHALL BE IN A FORM PRESCRIBED BY THE COMMISSION, SHALL BE ADDRESSED TO THE COMMISSION, SHALL BE SUBSCRIBED BY THE APPLICANT, AND AFFIRMED BY HIM OR HER AS TRUE UNDER THE PENALTIES OF PERJURY, AND SHALL SET FORTH SUCH FACTS AS THE PROVISIONS HEREOF AND THE RULES AND REGULATIONS OF THE COMMISSION MAY REQUIRE. 3. (A) THE COMMISSION SHALL ESTABLISH REASONABLE FEES, TERMS AND RENEWAL TERMS FOR LICENSES, PERMITS AND OTHER AUTHORIZATIONS ISSUED PURSUANT TO THIS ARTICLE, PROVIDED, HOWEVER, THAT ALL TERMS, RENEWAL TERMS AND FEES IN EFFECT PURSUANT TO CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED TWENTY, AND ANY SUBSEQUENT AMENDMENTS THERETO, IMMEDIATELY PRIOR TO THE ENACTMENT OF THIS ARTICLE, SHALL REMAIN FIXED AT THEIR PRIOR STATUTORY LEVELS FOR A PERIOD OF TWO YEARS FROM ENACTMENT OF THIS ARTICLE. THE COMMISSION SHALL PUBLISH ALL FEES, INCLUDING THE AFOREMENTIONED, IN A SINGLE LOCATION ON ITS WEBSITE. ALL FEES SET BY THE COMMISSION PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET. (B) WITH RESPECT TO THE FEES ESTABLISHED BY THE COMMISSION PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, WHEN SUCH FEES ARE PAYABLE IN RELATION TO AUTHORIZED COMBATIVE SPORTS CONSTITUTING MIXED MARTIAL ARTS, THE FOLLOWING SHALL APPLY: (I) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS NOT MORE THAN TWO THOUSAND FIVE HUNDRED, THE PROMOTER SHALL PAY NOT MORE THAN FIVE HUNDRED DOLLARS; (II) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS GREATER THAN TWO THOUSAND FIVE HUNDRED, BUT NOT MORE THAN FIVE THOUSAND, THE PROMOTER SHALL PAY NOT MORE THAN ONE THOUSAND DOLLARS; (III) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS GREATER THAN FIVE THOUSAND, BUT NOT MORE THAN FIFTEEN THOUSAND, THE PROMOTER SHALL PAY NOT MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS; (IV) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS GREATER THAN FIFTEEN THOUSAND, BUT NOT MORE THAN TWENTY-FIVE THOUSAND, THE PROMOTER SHALL PAY NOT MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS; (V) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS GREATER THAN TWENTY-FIVE THOUSAND, THE PROMOTER SHALL PAY NOT MORE THAN THREE THOUSAND DOLLARS; (VI) FOR REFEREES AND JUDGES, NOT MORE THAN ONE HUNDRED DOLLARS; (VII) FOR PROFESSIONAL PARTICIPANTS, MANAGERS AND TRAINERS NOT MORE THAN FIFTY DOLLARS; AND (VIII) FOR CHIEF SECONDS, NOT MORE THAN FORTY DOLLARS. 4. ANY LICENSE, TEMPORARY WORK PERMIT OR OTHER AUTHORIZATION ISSUED UNDER THE PROVISIONS OF THIS ARTICLE MAY BE REVOKED OR SUSPENDED BY THE COMMISSION WHEN THE LICENSEE, PERMITTEE OR AUTHORIZED ENTITY HAS, IN THE JUDGMENT OF THE COMMISSION, VIOLATED ANY PROVISION OF THIS ARTICLE, RULE OR ORDER OF THE COMMISSION, DEMONSTRATED CONDUCT DETRIMENTAL TO THE INTERESTS OF AUTHORIZED COMBATIVE SPORTS GENERALLY OR TO THE PUBLIC INTEREST, OR WHEN THE COMMISSION DEEMS IT TO BE IN THE BEST INTERESTS OF THE HEALTH AND SAFETY OF THE LICENSEE. (A) ANY LICENSEE WHO SUFFERED A KNOCKOUT OR TECHNICAL KNOCKOUT IN A COMBATIVE SPORT MAY, UPON THE RECOMMENDATION OF THE ATTENDING COMMISSION PHYSICIAN, BE SUSPENDED BY THE COMMISSION, FOR A PERIOD DETERMINED BY S. 6408--B 20 THE COMMISSION, AND SHALL FORFEIT HIS OR HER LICENSE TO THE COMMISSION DURING SUCH PERIOD. SUCH LICENSE SHALL NOT BE RETURNED TO THE LICENSEE UNTIL HE OR SHE HAS MET ALL REQUIREMENTS, MEDICAL AND OTHERWISE, FOR REINSTATEMENT OF SUCH LICENSE. ALL SUCH SUSPENSIONS SHALL BE RECORDED IN HIS OR HER LICENSE BY A COMMISSION OFFICIAL. (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IF ANY OTHER STATE SHALL REVOKE A LICENSEE'S LICENSE TO COMPETE IN COMBATIVE SPORTS IN THAT STATE, THEN THE COMMISSION MAY ACT TO REVOKE ANY LICENSE ISSUED TO SUCH LICENSEE PURSUANT TO THE PROVISIONS OF THIS ARTICLE. S 1008. LICENSES; JUDGES. 1. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE, ONLY A PERSON LICENSED BY THE COMMISSION, AS A COMBATIVE SPORTS JUDGE, MAY JUDGE AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT WITHIN THE STATE. JUDG- ES FOR ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT UNDER THE JURISDIC- TION OF THE COMMISSION SHALL BE SELECTED BY THE COMMISSION FROM A LIST OF QUALIFIED LICENSED JUDGES MAINTAINED BY THE COMMISSION. 2. ANY PARTICIPANT IN A PROFESSIONAL COMBATIVE SPORT OR HIS OR HER MANAGER MAY PROTEST THE ASSIGNMENT OF A JUDGE TO A CONTEST AND THE PARTICIPANT OR MANAGER MAY BE HEARD BY THE COMMISSION OR ITS DESIGNEE IF SUCH PROTEST IS TIMELY. IF THE PROTEST IS UNTIMELY IT SHALL BE SUMMARILY REJECTED. 3. EACH PERSON SEEKING TO BE LICENSED AS A JUDGE BY THE COMMISSION SHALL BE REQUIRED TO SUBMIT TO OR PROVIDE PROOF OF AN EYE EXAMINATION AND ANNUALLY THEREAFTER ON THE ANNIVERSARY OF THE ISSUANCE OF THE LICENSE. THE COMMISSION SHALL ESTABLISH CONTINUING EDUCATION PROGRAMS AND REQUIREMENTS TO BE COMPLETED BY LICENSED JUDGES. EACH JUDGE MUST BE CERTIFIED AS HAVING COMPLETED A TRAINING PROGRAM AS APPROVED BY THE COMMISSION AND SHALL PASS AN EXAMINATION APPROVED BY THE COMMISSION. 4. EACH PERSON SEEKING A LICENSE TO JUDGE AUTHORIZED PROFESSIONAL COMBATIVE SPORTS IN THE STATE SHALL BE REQUIRED TO FILL OUT A FINANCIAL QUESTIONNAIRE CERTIFYING UNDER PENALTY OF PERJURY FULL DISCLOSURE OF THE JUDGE'S FINANCIAL SITUATION ON A QUESTIONNAIRE TO BE PROMULGATED BY THE COMMISSION. SUCH QUESTIONNAIRE SHALL BE IN A FORM AND MANNER APPROVED BY THE COMMISSION AND SHALL PROVIDE INFORMATION AS TO AREAS OF ACTUAL OR POTENTIAL CONFLICT OF INTEREST AS WELL AS APPEARANCES OF SUCH CONFLICTS, INCLUDING FINANCIAL RESPONSIBILITY. WITHIN FORTY-EIGHT HOURS OF ANY MATCH, EACH JUDGE OF A PROFESSIONAL COMBATIVE SPORT SHALL FILE WITH THE COMMISSION A FINANCIAL DISCLOSURE STATEMENT IN SUCH FORM AND MANNER AS SHALL BE ACCEPTABLE TO THE COMMISSION. S 1009. LICENSES; ENTITIES. 1. (A) EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE, ONLY ENTITIES LICENSED BY THE COMMISSION MAY CONDUCT AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT WITHIN THE STATE. THE COMMISSION MAY, IN ITS DISCRETION, ISSUE A LICENSE TO CONDUCT OR HOLD AUTHORIZED PROFES- SIONAL COMBATIVE SPORTS, SUBJECT TO THE PROVISIONS HEREOF, TO ANY PERSON OR CORPORATION DULY INCORPORATED, OR LIMITED LIABILITY COMPANY AUTHOR- IZED, UNDER THE LAWS OF THE STATE OF NEW YORK. (B) A PROSPECTIVE LICENSEE MUST SUBMIT TO THE COMMISSION PROOF THAT IT CAN FURNISH SUITABLE PREMISES, AS DETERMINED BY THE COMMISSION, IN WHICH SUCH COMBATIVE SPORT IS TO BE HELD. (C) UPON WRITTEN APPLICATION THE COMMISSION MAY GRANT TO ANY ENTITY HOLDING A LICENSE ISSUED HEREUNDER, THE PRIVILEGE OF HOLDING SUCH A MATCH OR EXHIBITION ON A SPECIFIED DATE IN OTHER PREMISES, OR IN ANOTHER LOCATION, THAN THE PREMISES OR LOCATION PREVIOUSLY APPROVED BY THE COMMISSION, SUBJECT HOWEVER TO APPROVAL OF THE COMMISSION AND THE RULES AND REGULATIONS OF THE COMMISSION. S. 6408--B 21 2. (A) THE COMMISSION MAY, IN ITS DISCRETION AND IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE COMMISSION TO PROTECT THE HEALTH AND SAFETY OF PROFESSIONALS IN TRAINING, ISSUE A LICENSE TO OPERATE A TRAINING FACILITY PROVIDING CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN PART FOR THE USE OF PROFESSIONAL COMBATIVE SPORTS PARTICIPANTS. AT A MINIMUM, ANY SUCH REGULATION SHALL REQUIRE: (I) FIRST AID MATERIALS TO BE STORED IN AN ACCESSIBLE LOCATION ON THE PREMISES AND FOR THE PRESENCE ON THE PREMISES OF A PERSON TRAINED AND CERTIFIED IN THE USE OF SUCH MATERIALS AND PROCEDURES FOR CARDIO-PULMO- NARY RESUSCITATION AT ALL TIMES DURING WHICH THE FACILITY IS OPEN FOR TRAINING PURPOSES; (II) CLEAN AND SANITARY BATHROOMS, SHOWER ROOMS, AND LOCKER ROOMS; (III) ADEQUATE VENTILATION AND LIGHTING OF ACCESSIBLE AREAS OF THE TRAINING FACILITY; (IV) ESTABLISHMENT OF A POLICY CONCERNING THE RESTRICTION OF SMOKING IN TRAINING AREAS, INCLUDING PROVISIONS FOR ITS ENFORCEMENT BY THE FACILITY OPERATOR; (V) COMPLIANCE WITH STATE AND LOCAL FIRE ORDINANCES; (VI) INSPECTION AND APPROVAL OF SURFACES ON WHICH TRAINING FOR COMBA- TIVE SPORTS WILL BE HELD; AND (VII) ESTABLISHMENT OF A POLICY FOR POSTING ALL COMMISSION LICENSE SUSPENSIONS AND LICENSE REVOCATIONS RECEIVED FROM THE COMMISSION INCLUD- ING PROVISIONS FOR ENFORCEMENT OF SUCH SUSPENSIONS AND REVOCATIONS BY THE FACILITY OPERATOR. (B) A PROSPECTIVE ENTITY LICENSEE SHALL SUBMIT TO THE COMMISSION PROOF THAT IT CAN FURNISH SUITABLE FACILITIES IN WHICH THE TRAINING IS TO BE CONDUCTED, INCLUDING THE MAKING OF SUCH TRAINING FACILITIES AVAILABLE FOR INSPECTION BY THE COMMISSION AT ANY TIME DURING WHICH TRAINING IS IN PROGRESS. S 1010. LICENSES; PROFESSIONALS. 1. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX, ONE THOUSAND ELEVEN AND ONE THOUSAND SEVEN- TEEN OF THIS ARTICLE, ONLY PERSONS LICENSED BY THE COMMISSION SHALL COMPETE IN AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. 2. ANY PROFESSIONAL APPLYING FOR A LICENSE OR RENEWAL OF A LICENSE TO PARTICIPATE IN COMBATIVE SPORTS UNDER THIS ARTICLE SHALL UNDERGO A COMPREHENSIVE PHYSICAL EXAMINATION INCLUDING CLINICAL NEUROLOGICAL EXAM- INATIONS BY A PHYSICIAN APPROVED BY THE COMMISSION. IF, AT THE TIME OF SUCH EXAMINATION, THERE IS ANY INDICATION OF BRAIN INJURY, OR FOR ANY OTHER REASON THE PHYSICIAN DEEMS IT APPROPRIATE, THE PROFESSIONAL SHALL BE REQUIRED TO UNDERGO FURTHER NEUROLOGICAL EXAMINATIONS BY A NEUROLO- GIST INCLUDING MAGNETIC RESONANCE IMAGING OR OTHER MEDICALLY EQUIVALENT PROCEDURES. THE COMMISSION SHALL NOT ISSUE A LICENSE TO A PROFESSIONAL UNTIL SUCH EXAMINATIONS ARE COMPLETED AND REVIEWED BY THE COMMISSION. THE RESULTS OF ALL SUCH EXAMINATIONS HEREIN REQUIRED SHALL BECOME A PART OF THE PROFESSIONAL'S PERMANENT MEDICAL RECORD AS MAINTAINED BY THE COMMISSION. THE COSTS OF ALL SUCH EXAMINATIONS SHALL BE ASSUMED BY THE APPLICANT OR PROMOTER WITH WHICH THE PROFESSIONAL BOXER OR MIXED MARTIAL ARTS PARTICIPANT IS AFFILIATED, REGARDLESS OF PROVIDER. 3. ANY PROFESSIONAL LICENSED UNDER THIS ARTICLE SHALL, AS A CONDITION OF LICENSURE, WAIVE RIGHT OF CONFIDENTIALITY OF MEDICAL RECORDS RELATING TO TREATMENT OF ANY PHYSICAL CONDITION WHICH RELATES TO HIS OR HER ABIL- ITY TO FIGHT. ALL MEDICAL REPORTS SUBMITTED TO, AND ALL MEDICAL RECORDS OF THE MEDICAL ADVISORY BOARD OR THE COMMISSION RELATIVE TO THE PHYSICAL EXAMINATION OR CONDITION OF PROFESSIONALS SHALL BE CONSIDERED CONFIDEN- TIAL, AND SHALL BE OPEN TO EXAMINATION ONLY TO THE COMMISSION OR ITS AUTHORIZED REPRESENTATIVE, TO THE LICENSED PROFESSIONAL OR MANAGER UPON S. 6408--B 22 WRITTEN APPLICATION TO EXAMINE SAID RECORDS, OR UPON THE ORDER OF A COURT OF COMPETENT JURISDICTION IN AN APPROPRIATE CASE. S 1011. TEMPORARY WORKING PERMITS. THE COMMISSION MAY ISSUE TEMPORARY WORKING PERMITS TO PROFESSIONALS, THEIR MANAGERS, TRAINERS AND SECONDS. A TEMPORARY WORKING PERMIT SHALL AUTHORIZE THE EMPLOYMENT OF THE HOLDER OF SUCH PERMIT TO ENGAGE IN A SINGLE AUTHORIZED PROFESSIONAL COMBATIVE SPORT AT A SPECIFIED TIME AND PLACE. THE COMMISSION MAY REQUIRE THAT PROFESSIONALS APPLYING FOR TEMPORARY WORKING PERMITS UNDERGO A PHYSICAL EXAMINATION AND NEUROLOGICAL TEST OR PROCEDURE, INCLUDING MAGNETIC RESO- NANCE IMAGING OR MEDICALLY EQUIVALENT PROCEDURE. TEMPORARY WORKING PERMITS SHALL EXPIRE UPON THE COMPLETION OF THE SINGLE AUTHORIZED PROFESSIONAL COMBATIVE SPORT AND ANY SUBSEQUENT EVALUATIONS OR INSPECTIONS REQUIRED BY THE COMMISSION. THE FEE FOR SUCH TEMPORARY WORKING PERMIT SHALL BE ESTABLISHED BY THE COMMISSION PURSUANT TO RULE. S 1012. TEMPORARY TRAINING FACILITIES. THE COMMISSION IN ITS JUDGMENT MAY EXEMPT FROM LICENSING UNDER THIS ARTICLE ANY TRAINING FACILITY PROVIDING CONTACT SPARRING ESTABLISHED AND MAINTAINED ON A TEMPORARY BASIS FOR THE PURPOSE OF PREPARING PROFESSIONALS FOR A SPECIFIC AUTHOR- IZED COMBATIVE SPORT TO BE CONDUCTED, HELD OR GIVEN WITHIN THE STATE OF NEW YORK. S 1013. MEDICAL ADVISORY BOARD. 1. THE MEDICAL ADVISORY BOARD CREATED PURSUANT TO CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED TWENTY, AND SUBSEQUENT AMENDMENTS THERETO IS HEREBY CONTINUED WITHOUT INTERRUPTION. IT SHALL REMAIN A DIVISION OF THE STATE ATHLETIC COMMIS- SION, AND SHALL CONSIST OF NINE MEMBERS TO BE APPOINTED BY THE GOVERNOR. THE GOVERNOR SHALL DESIGNATE ONE OF SUCH MEMBERS AS CHAIRPERSON OF THE ADVISORY BOARD. THE TERM OF A MEMBER THEREAFTER APPOINTED, EXCEPT TO FILL A VACANCY, SHALL BE THREE YEARS FROM THE EXPIRATION OF THE TERM OF HIS PREDECESSOR. UPON THE APPOINTMENT OF A SUCCESSOR TO THE CHAIRPERSON OF THE ADVISORY BOARD, THE GOVERNOR SHALL DESIGNATE SUCH SUCCESSOR OR OTHER MEMBER OF THE ADVISORY BOARD AS CHAIRPERSON. A VACANCY OCCURRING OTHERWISE THAN BY EXPIRATION OF TERM, SHALL BE FILLED BY APPOINTMENT BY THE GOVERNOR FOR THE REMAINDER ONLY OF THE TERM. EACH MEMBER OF THE ADVISORY BOARD SHALL BE DULY LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW YORK, AND AT THE TIME OF HIS OR HER APPOINTMENT HAVE HAD AT LEAST FIVE YEARS' EXPERIENCE IN THE PRACTICE OF HIS OR HER PROFESSION. THE MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE SUCH COMPENSATION AS MAY BE FIXED BY THE COMMISSION WITHIN THE AMOUNT PROVIDED BY APPROPRIATION, AND SHALL BE ALLOWED AND PAID NECESSARY TRAVELING AND OTHER EXPENSES INCURRED BY THEM, RESPECTIVELY, IN THE PERFORMANCE OF THEIR DUTIES HERE- UNDER. 2. THE ADVISORY BOARD SHALL HAVE POWER AND IT SHALL BE THE DUTY OF THE BOARD TO PREPARE AND SUBMIT TO THE COMMISSION FOR APPROVAL REGULATIONS AND STANDARDS FOR THE PHYSICAL EXAMINATION OF PROFESSIONALS INCLUDING, WITHOUT LIMITATION, PRE-FIGHT AND POST-FIGHT EXAMINATIONS AND PERIODIC COMPREHENSIVE EXAMINATIONS. THE BOARD SHALL CONTINUE TO SERVE IN AN ADVISORY CAPACITY TO THE COMMISSION AND FROM TIME TO TIME PREPARE AND SUBMIT TO THE COMMISSION FOR APPROVAL, SUCH ADDITIONAL REGULATIONS AND STANDARDS OF EXAMINATION AS IN THEIR JUDGMENT WILL SAFEGUARD THE PHYS- ICAL WELFARE OF PROFESSIONALS LICENSED BY THE COMMISSION. THE ADVISORY BOARD SHALL RECOMMEND TO THE COMMISSION FROM TIME TO TIME SUCH QUALIFIED PHYSICIANS, WHO MAY BE DESIGNATED AND EMPLOYED BY THE COMMISSION FOR THE PURPOSE OF CONDUCTING PHYSICAL EXAMINATIONS OF PROFESSIONALS AND OTHER SERVICES AS THE RULES OF THE COMMISSION SHALL PROVIDE. SUCH PHYSICIANS, IF SO EMPLOYED, SHALL RECEIVE COMPENSATION AS FIXED BY THE COMMISSION S. 6408--B 23 WITHIN AMOUNTS APPROPRIATED THEREFOR. THE PROVISIONS OF SECTION SEVEN- TEEN OF THE PUBLIC OFFICERS LAW SHALL APPLY TO ANY PHYSICIAN WHO: (A) IS DESIGNATED AND EMPLOYED BY THE COMMISSION; AND (B) IS RENDERING PROFESSIONAL SERVICES ON BEHALF OF THE COMMISSION TO PROFESSIONALS. 3. THE ADVISORY BOARD SHALL DEVELOP OR RECOMMEND APPROPRIATE MEDICAL EDUCATION PROGRAMS FOR ALL COMMISSION PERSONNEL INVOLVED IN THE CONDUCT OF AUTHORIZED COMBATIVE SPORTS SO THAT SUCH PERSONNEL CAN RECOGNIZE AND ACT UPON EVIDENCE OF POTENTIAL OR ACTUAL ADVERSE MEDICAL INDICATIONS IN A PARTICIPANT PRIOR TO, DURING OR AFTER THE COURSE OF A MATCH. 4. THE ADVISORY BOARD SHALL REVIEW THE CREDENTIALS AND PERFORMANCE OF EACH COMMISSION PHYSICIAN ON AN ANNUAL BASIS. 5. THE ADVISORY BOARD SHALL ADVISE THE COMMISSION ON ANY STUDY OF EQUIPMENT, PROCEDURES OR PERSONNEL WHICH WILL, IN THEIR OPINION, PROMOTE THE SAFETY OF PROFESSIONALS. S 1014. REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. THE COMMISSION SHALL PROMULGATE REGULATIONS GOVERNING THE CONDUCT OF AUTHOR- IZED PROFESSIONAL COMBATIVE SPORTS THAT: 1. ESTABLISH PARAMETERS AND LIMITATIONS ON WEIGHTS AND CLASSES OF PROFESSIONALS; 2. ESTABLISH PARAMETERS AND LIMITATIONS ON THE NUMBER AND DURATION OF ROUNDS; 3. ESTABLISH THE REQUIREMENTS FOR THE PRESENCE OF MEDICAL EQUIPMENT, MEDICAL PERSONNEL, AN AMBULANCE, OTHER EMERGENCY APPARATUS AND AN EMER- GENCY MEDICAL PLAN; 4. ESTABLISH RESPONSIBILITIES OF ALL LICENSEES BEFORE, DURING AND AFTER AN EVENT; 5. DEFINE UNSPORTSMANLIKE PRACTICES; 6. ESTABLISH CONDITIONS FOR THE FORFEITURE OF ANY PRIZE, REMUNERATION OR PURSE, OR ANY PART THEREOF BASED ON THE CONDUCT OF PROFESSIONALS, THEIR MANAGERS AND SECONDS; 7. ESTABLISH PARAMETERS AND STANDARDS FOR REQUIRED AND ALLOWED EQUIP- MENT ITEMS UTILIZED BY PROFESSIONALS; 8. ESTABLISH PARAMETERS AND STANDARDS FOR RINGS, COMBAT SURFACES AND APPURTENANCES THERETO; AND 9. ESTABLISH SUCH OTHER RULES AND CONDITIONS AS ARE NECESSARY TO EFFECTUATE THE COMMISSION'S PURPOSE. S 1015. CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. 1. ALL BUILDINGS OR STRUCTURES USED OR INTENDED TO BE USED FOR CONDUCTING AUTHORIZED PROFESSIONAL COMBATIVE SPORTS SHALL BE PROPERLY VENTILATED AND PROVIDED WITH FIRE EXITS AND FIRE ESCAPES, AND IN ALL MANNER CONFORM TO THE LAWS, ORDINANCES AND REGULATIONS PERTAINING TO BUILDINGS IN THE CITY, TOWN OR VILLAGE WHERE SITUATED. 2. NO PERSON UNDER THE AGE OF EIGHTEEN YEARS SHALL PARTICIPATE IN ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORTS, AND NO PERSON UNDER SIXTEEN YEARS OF AGE SHALL BE PERMITTED TO ATTEND THEREAT AS A SPECTATOR, PROVIDED, HOWEVER, THAT A PERSON UNDER THE AGE OF SIXTEEN MAY BE PERMIT- TED TO ATTEND AS A SPECTATOR IF ACCOMPANIED BY A PARENT OR GUARDIAN. 3. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE, AT EACH AUTHORIZED PROFESSIONAL COMBATIVE SPORT, EXCEPT WHERE CONDUCTED SOLELY FOR TRAINING PURPOSES, THERE SHALL BE IN ATTENDANCE A DULY LICENSED REFEREE WHO SHALL DIRECT AND CONTROL THE SAME. THERE SHALL ALSO BE IN ATTENDANCE, EXCEPT WHERE CONDUCTED SOLELY FOR TRAINING PURPOSES, THREE DULY LICENSED JUDGES WHO SHALL AT THE TERMINATION OF EACH SUCH AUTHORIZED PROFESSIONAL COMBATIVE S. 6408--B 24 SPORT RENDER THEIR DECISION. THE WINNER SHALL BE DETERMINED IN ACCORD- ANCE WITH A SCORING SYSTEM PRESCRIBED BY THE COMMISSION. 4. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE, THE COMMISSION SHALL DIRECT AN EMPLOYEE OF THE COMMISSION TO BE PRESENT AT EACH PLACE WHERE AUTHORIZED PROFESSIONAL COMBATIVE SPORTS ARE TO BE CONDUCTED. SUCH EMPLOYEE OF THE COMMISSION SHALL ASCERTAIN THE EXACT CONDITIONS SURROUNDING SUCH AUTHOR- IZED PROFESSIONAL COMBATIVE SPORT AND MAKE A WRITTEN REPORT OF THE SAME IN THE MANNER AND FORM PRESCRIBED BY THE COMMISSION. WHERE AUTHORIZED PROFESSIONAL COMBATIVE SPORTS ARE APPROVED TO BE HELD IN A STATE OR CITY OWNED ARMORY, THE PROVISION OF THE MILITARY LAW IN RESPECT THERETO MUST BE COMPLIED WITH. 5. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE, ANY RING OR COMBAT SURFACE MUST BE INSPECTED AND APPROVED BY THE COMMISSION PRIOR TO THE COMMENCEMENT OF ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT. 6. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE, ALL PROFESSIONALS MUST BE EXAMINED BY A PHYSICIAN DESIGNATED BY THE COMMISSION BEFORE ENTERING THE RING OR COMBAT SURFACE AND EACH SUCH PHYSICIAN SHALL IMMEDIATELY FILE WITH THE COMMISSION A WRITTEN REPORT OF SUCH EXAMINATION. THE COST OF ANY SUCH EXAMINATION, AS PRESCRIBED BY A SCHEDULE OF FEES ESTABLISHED BY THE COMMISSION, SHALL BE PAID BY THE CORPORATION CONDUCTING THE AUTHORIZED PROFESSIONAL COMBATIVE SPORT TO THE COMMISSION. IT SHALL BE THE DUTY OF EVERY PERSON OR CORPORATION LICENSED TO CONDUCT AN AUTHORIZED PROFES- SIONAL COMBATIVE SPORT, TO HAVE IN ATTENDANCE AT EVERY AUTHORIZED PROFESSIONAL COMBATIVE SPORT, AT LEAST ONE PHYSICIAN DESIGNATED BY THE COMMISSION AS THE RULES SHALL PROVIDE. THE COMMISSION MAY ESTABLISH A SCHEDULE OF FEES TO BE PAID BY THE LICENSEE TO COVER THE COST OF SUCH ATTENDANCE. 7. THE PHYSICIAN SHALL TERMINATE ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT IF IN THE OPINION OF SUCH PHYSICIAN ANY PROFESSIONAL HAS RECEIVED SEVERE PUNISHMENT OR IS IN DANGER OF SERIOUS PHYSICAL INJURY. IN THE EVENT OF ANY SERIOUS PHYSICAL INJURY, SUCH PHYSICIAN SHALL IMMEDIATELY RENDER ANY EMERGENCY TREATMENT NECESSARY, RECOMMEND FURTHER TREATMENT OR HOSPITALIZATION IF REQUIRED, AND FULLY REPORT THE ENTIRE MATTER TO THE COMMISSION WITHIN TWENTY-FOUR HOURS AND IF NECESSARY, SUBSEQUENTLY THER- EAFTER. SUCH PHYSICIAN MAY ALSO REQUIRE THAT THE INJURED PROFESSIONAL AND HIS OR HER MANAGER REMAIN IN THE RING OR ON THE PREMISES OR REPORT TO A HOSPITAL AFTER THE CONTEST FOR SUCH PERIOD OF TIME AS SUCH PHYSI- CIAN DEEMS ADVISABLE. ANY PROFESSIONAL LICENSED UNDER THIS ARTICLE RENDERED UNCONSCIOUS OR SUFFERING HEAD TRAUMA AS DETERMINED BY THE ATTENDING PHYSICIAN SHALL BE IMMEDIATELY EXAMINED BY THE ATTENDING COMMISSION PHYSICIAN AND SHALL BE REQUIRED TO UNDERGO NEUROLOGICAL EXAM- INATIONS BY A NEUROLOGIST INCLUDING BUT NOT LIMITED TO MAGNETIC RESO- NANCE IMAGING OR MEDICALLY EQUIVALENT PROCEDURE. 8. SUCH PHYSICIAN MAY ENTER THE RING AT ANY TIME DURING AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT AND MAY TERMINATE THE MATCH IF IN HIS OR HER OPINION THE SAME IS NECESSARY TO PREVENT SEVERE PUNISHMENT OR SERI- OUS PHYSICAL INJURY TO A PROFESSIONAL. 9. BEFORE A LICENSE SHALL BE GRANTED TO A PERSON OR CORPORATION TO CONDUCT AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT, THE APPLICANT SHALL EXECUTE AND FILE WITH THE SECRETARY OF STATE A BOND IN AN AMOUNT TO BE DETERMINED BY THE COMMISSION, TO BE APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THEREON BY THE SECRETARY OF STATE, CONDITIONED FOR THE FAITHFUL PERFORMANCE BY SAID CORPORATION OF THE PROVISIONS OF THIS ARTI- S. 6408--B 25 CLE AND THE RULES AND REGULATIONS OF THE COMMISSION, AND UPON THE FILING AND APPROVAL OF SAID BOND THE SECRETARY OF STATE SHALL ISSUE TO SAID APPLICANT A CERTIFICATE OF SUCH FILING AND APPROVAL, WHICH SHALL BE, BY SAID APPLICANT, FILED IN THE OFFICE OF THE COMMISSION WITH ITS APPLICA- TION FOR LICENSE, AND NO SUCH LICENSE SHALL BE ISSUED UNTIL SUCH CERTIF- ICATE SHALL BE FILED. IN CASE OF DEFAULT IN SUCH PERFORMANCE, THE COMMISSION MAY IMPOSE UPON THE DELINQUENT A PENALTY IN THE SUM OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH OFFENSE, WHICH MAY BE RECOVERED BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK IN THE SAME MANNER AS OTHER PENALTIES ARE RECOVERED BY LAW; ANY AMOUNT SO RECOVERED SHALL BE PAID INTO THE TREASURY. 10. IN ADDITION TO THE BOND REQUIRED BY SUBDIVISION NINE OF THIS SECTION, EACH APPLICANT FOR A LICENSE TO CONDUCT AN AUTHORIZED PROFES- SIONAL COMBATIVE SPORT SHALL EXECUTE AND FILE WITH THE SECRETARY OF STATE A BOND IN AN AMOUNT TO BE DETERMINED BY THE COMMISSION TO BE APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THEREON BY THE SECRETARY OF STATE, CONDITIONED FOR AND GUARANTEEING THE PAYMENT OF PROFESSIONALS' AND PROFESSIONAL WRESTLERS' PURSES, SALARIES OF CLUB EMPLOYEES LICENSED BY THE COMMISSION, AND THE LEGITIMATE EXPENSES OF PRINTING TICKETS AND ALL ADVERTISING MATERIAL. 11. ALL PERSONS, PARTIES OR CORPORATIONS HAVING LICENSES AS PROMOTERS OR WHO ARE LICENSED IN ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF THIS ARTICLE SHALL CONTINUOUSLY PROVIDE ACCIDENT INSURANCE OR SUCH OTHER FORM OF FINANCIAL GUARANTEE DEEMED ACCEPTABLE BY THE COMMISSION, FOR THE PROTECTION OF LICENSED PROFESSIONALS AND PROFESSIONAL WRESTLERS, APPEAR- ING IN AUTHORIZED PROFESSIONAL COMBATIVE SPORTS OR WRESTLING EXHIBI- TIONS. SUCH ACCIDENT INSURANCE OR FINANCIAL GUARANTEE SHALL PROVIDE COVERAGE TO THE LICENSED PROFESSIONAL FOR: MEDICAL, SURGICAL AND HOSPI- TAL CARE, WITH A MINIMUM LIMIT OF FIFTY THOUSAND DOLLARS FOR INJURIES SUSTAINED WHILE PARTICIPATING IN ANY PROGRAM OPERATED UNDER THE CONTROL OF SUCH LICENSED PROMOTER AND FOR A PAYMENT OF FIFTY THOUSAND DOLLARS TO THE ESTATE OF ANY DECEASED ATHLETE WHERE SUCH DEATH IS OCCASIONED BY INJURIES RECEIVED IN THIS STATE DURING THE COURSE OF A PROGRAM IN WHICH SUCH LICENSED PROFESSIONAL OR PROFESSIONAL WRESTLER PARTICIPATED UNDER THE PROMOTION OR CONTROL OF ANY LICENSED PROMOTER; AND, MEDICAL, SURGI- CAL AND HOSPITAL CARE WITH A MINIMUM LIMIT OF ONE MILLION DOLLARS FOR THE TREATMENT OF A LIFE-THREATENING BRAIN INJURY SUSTAINED IN A PROGRAM OPERATED UNDER THE CONTROL OF SUCH LICENSED PROMOTER, WHERE AN IDENTIFI- ABLE, CAUSAL LINK EXISTS BETWEEN THE PROFESSIONAL LICENSEE'S PARTIC- IPATION IN SUCH PROGRAM AND THE LIFE-THREATENING BRAIN INJURY. WHERE APPLICABLE, PROFESSIONAL LICENSEES SHALL BE AFFORDED THE OPTION TO SUPPLEMENT THE PREMIUMS FOR THE ACCIDENT INSURANCE OR FINANCIAL GUARAN- TEE TO INCREASE THE COVERAGE BEYOND THE MINIMUM LIMITS REQUIRED BY THIS SUBDIVISION. THE COMMISSION MAY FROM TIME TO TIME, PROMULGATE REGU- LATIONS TO ADJUST THE AMOUNT OF SUCH MINIMUM LIMITS. THE FAILURE TO PROVIDE SUCH INSURANCE AS IS REQUIRED BY THIS SUBDIVISION SHALL BE CAUSE FOR THE SUSPENSION OR THE REVOCATION OF THE LICENSE OF SUCH DEFAULTING ENTITY. 12. (A) EVERY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB HOLDING ANY PROFESSIONAL OR AMATEUR COMBATIVE SPORT, INCLUDING ANY PROFESSIONAL WRESTLING MATCH OR EXHIBITION, FOR WHICH AN ADMISSION FEE IS CHARGED OR RECEIVED, SHALL NOTIFY THE ATHLETIC COMMISSION AT LEAST TEN DAYS IN ADVANCE OF THE HOLDING OF SUCH CONTEST. ALL TICKETS OF ADMISSION TO ANY SUCH PROFESSIONAL OR AMATEUR COMBATIVE SPORT OR PROFESSIONAL WRESTLING MATCH OR EXHIBITION SHALL BE PROCURED FROM A PRINTER DULY AUTHORIZED BY S. 6408--B 26 THE STATE ATHLETIC COMMISSION TO PRINT SUCH TICKETS AND SHALL BEAR CLEARLY UPON THE FACE THEREOF THE PURCHASE PRICE AND LOCATION OF SAME. (B) PURSUANT TO DIRECTION BY THE COMMISSIONER OF TAXATION AND FINANCE, EMPLOYEES OR OFFICERS OF THE COMMISSION SHALL ACT AS AGENTS OF THE COMMISSIONER OF TAXATION AND FINANCE TO COLLECT THE TAX IMPOSED BY ARTI- CLE NINETEEN OF THE TAX LAW. THE ATHLETIC COMMISSION SHALL PROVIDE THE COMMISSIONER OF TAXATION AND FINANCE WITH SUCH INFORMATION AND TECHNICAL ASSISTANCE AS MAY BE NECESSARY FOR THE PROPER ADMINISTRATION OF SUCH TAX. S 1016. REQUIRED FILINGS. 1. THE ORGANIZATION THAT PROMOTES, SANCTIONS OR OTHERWISE PARTICIPATES IN THE PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE PROFESSIONALS FOR A CONTEST MUST FILE WITH THE COMMISSION A WRITTEN STATEMENT EXECUTED UNDER PENALTY OF PERJURY STATING (A) ALL CHARGES, EXPENSES, FEES, AND COSTS THAT WILL BE ASSESSED AGAINST ANY PROFESSIONAL PARTICIPATING IN THE EVENT; (B) ALL PAYMENTS, BENEFITS, COMPLIMENTARY BENEFITS AND FEES THE ORGANIZATION OR ENTITY WILL RECEIVE FOR ITS AFFILIATION WITH THE EVENT; (C) THE NAME OF THE PROMOTER; (D) SPONSOR OF THE EVENT; AND (E) ALL OTHER SOURCES, AND SUCH OTHER AND ADDITIONAL INFORMATION AS REQUIRED BY THE COMMISSION. SUCH WRITTEN STATEMENT SHALL BE FILED IN A FORM AND MANNER ACCEPTABLE TO THE COMMIS- SION. 2. THE PROMOTER, ORGANIZER, PRODUCER OR ANOTHER THAT PARTICIPATES IN THE PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE PROFESSIONALS FOR A CONTEST MUST FILE WITH THE COMMISSION A WRITTEN STATEMENT UNDER PENALTY OF PERJURY DETAILING ALL CHARGES, FEES, COSTS AND EXPENSES BY OR THROUGH THE PROMOTER ON THE PROFESSIONAL PERTAINING TO THE EVENT, INCLUDING ANY PORTION OF THE PROFESSIONAL'S PURSE THAT THE PROMOTER WILL RECEIVE AND TRAINING EXPENSES AND ALL PAYMENTS, GIFTS OR BENEFITS THE PROMOTER IS PROVIDING TO ANY SANCTIONING ORGANIZATION AFFILIATED WITH THE EVENT. SUCH WRITTEN STATEMENT SHALL BE FILED IN A FORM AND MANNER ACCEPTABLE TO THE COMMISSION. 3. THE PROMOTER, ORGANIZER, PRODUCER OR ANOTHER THAT PARTICIPATES IN THE PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE PROFESSIONALS FOR A CONTEST MUST FILE WITH THE COMMISSION A COPY OF ANY AGREEMENT IN WRITING TO WHICH THE PROMOTER IS A PARTY WITH ANY PROFESSIONAL PARTIC- IPATING IN THE MATCH. 4. ALL CONTRACTS CALLING FOR THE SERVICES OF A PROFESSIONAL IN AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT AND ENTERED INTO BY LICENSED PROMOTERS, PROFESSIONALS OR MANAGERS AS ONE OR MORE OF THE PARTIES IN SUCH CONTRACTS, INCLUDING THOSE CONTRACTS WHICH RELATE TO THE RIGHTS TO DISTRIBUTE, TELEVISE OR OTHERWISE TRANSMIT ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT OVER THE AIRWAVES OR BY CABLE SHALL BE SUBJECT TO THE APPROVAL OF THE COMMISSION AND COPIES THEREOF SHALL BE FILED WITH THE COMMISSION BY SUCH CORPORATION, PROFESSIONAL OR MANAGER WITHIN FORTY-EIGHT HOURS AFTER THE EXECUTION OF SUCH CONTRACT AND AT LEAST TEN BUSINESS DAYS PRIOR TO ANY BOUTS, OR THE FIRST OF ANY SERIES OF BOUTS, TO WHICH THEY RELATE. THE COMMISSION MAY WAIVE SUCH FILING DEADLINE FOR GOOD CAUSE SHOWN. S 1017. PROFESSIONAL WRESTLING; PROMOTERS. 1. FOR THE PURPOSES OF THIS ARTICLE, "PROFESSIONAL WRESTLING" SHALL MEAN AN ACTIVITY IN WHICH PARTICIPANTS STRUGGLE HAND-IN-HAND PRIMARILY FOR THE PURPOSE OF PROVID- ING ENTERTAINMENT TO SPECTATORS AND WHICH DOES NOT COMPRISE A BONA FIDE ATHLETIC CONTEST OR COMPETITION. 2. EVERY PERSON, PARTNERSHIP OR CORPORATION PROMOTING ONE OR MORE PROFESSIONAL WRESTLING EXHIBITIONS IN THIS STATE SHALL BE REQUIRED TO OBTAIN FROM THE COMMISSION AN ANNUAL LICENSE TO CONDUCT SUCH EXHIBITIONS S. 6408--B 27 SUBJECT TO TERMS AND CONDITIONS PROMULGATED BY THE COMMISSION PURSUANT TO RULE AND CONSISTENT WITH THE APPLICABLE PROVISIONS OF THIS ARTICLE. EACH APPLICANT SHALL PAY AN ANNUAL FEE ESTABLISHED BY THE COMMISSION PURSUANT TO RULE. 3. A LICENSED PROMOTER OF A PROFESSIONAL WRESTLING EXHIBITION IN THE STATE SHALL NOTIFY THE ATHLETIC COMMISSION AT LEAST TEN DAYS IN ADVANCE OF THE HOLDING OF THE EXHIBITION. EACH SUCH PROMOTER SHALL EXECUTE AND FILE WITH THE COMPTROLLER A BOND IN AN AMOUNT NOT LESS THAN TWENTY THOU- SAND DOLLARS TO BE APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THER- EON BY THE COMPTROLLER, CONDITIONED FOR AND GUARANTEEING THE PAYMENT OF PROFESSIONAL WRESTLER'S PURSES, SALARIES OF CLUB EMPLOYEES LICENSED BY THE COMMISSION, THE LEGITIMATE EXPENSES OF PRINTING TICKETS AND ALL ADVERTISING MATERIAL, PAYMENTS TO SPONSORING ORGANIZATIONS, AND THE APPLICABLE STATE AND LOCAL SALES AND COMPENSATING USE TAX. 4. A LICENSED PROMOTER OF A PROFESSIONAL WRESTLING EXHIBITION SHALL PROVIDE FOR A LICENSED PHYSICIAN TO BE PRESENT AT EACH EXHIBITION, AND SUCH PHYSICIAN SHALL EXAMINE EACH WRESTLER PRIOR TO EACH PERFORMANCE, AND EACH SUCH PRE-PERFORMANCE EXAMINATION SHALL BE CONDUCTED IN ACCORD- ANCE WITH REGULATIONS PRESCRIBED BY THE COMMISSION. 5. EVERY LICENSED PROMOTER OF PROFESSIONAL WRESTLING WHO PROMOTES SIX OR MORE EXHIBITIONS IN THE STATE IN A CALENDAR YEAR MUST HAVE IN PLACE AN ANTI-DRUG PLAN AND FILE WITH THE COMMISSION A WRITTEN COPY OF THE PLAN. EACH SUCH PLAN SHALL ADDRESS THE USE OF A CONTROLLED SUBSTANCE DEFINED IN ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW, AND SUCH PLAN SHALL AT MINIMUM PROVIDE FOR THE FOLLOWING: (A) DISSEMINATION OF EDUCATIONAL MATERIALS TO PROFESSIONAL WRESTLERS WHO PERFORM FOR ANY SUCH PROMOTER INCLUDING A LIST OF PROHIBITED DRUGS AND AVAILABLE REHABILITATION SERVICES; AND (B) A REFERRAL PROCEDURE TO PERMIT ANY SUCH PROFESSIONAL WRESTLER TO OBTAIN REHABILITATION SERVICES. S 1018. PROHIBITED CONDUCT. 1. NO CORPORATION OR PERSON SHALL HAVE, EITHER DIRECTLY OR INDIRECTLY, ANY FINANCIAL INTEREST IN A PROFESSIONAL BOXER COMPETING ON PREMISES OWNED OR LEASED BY THE CORPORATION OR PERSON, OR IN WHICH SUCH CORPORATION OR PERSON IS OTHERWISE INTERESTED EXCEPT PURSUANT TO THE SPECIFIC WRITTEN AUTHORIZATION OF THE COMMISSION. 2. NO CONTESTANT IN A BOXING OR SPARRING MATCH OR EXHIBITION SHALL BE PAID FOR SERVICES BEFORE THE CONTEST, AND SHOULD IT BE DETERMINED BY THE COMMISSION THAT SUCH CONTESTANT DID NOT GIVE AN HONEST EXHIBITION OF HIS OR HER SKILL, SUCH SERVICES SHALL NOT BE PAID FOR. 3. ANY PERSON, INCLUDING ANY CORPORATION AND THE OFFICERS THEREOF, ANY PHYSICIAN, REFEREE, JUDGE, TIMEKEEPER, PROFESSIONAL, MANAGER, TRAINER OR SECOND, WHO SHALL PROMOTE, CONDUCT, GIVE OR PARTICIPATE IN ANY SHAM OR COLLUSIVE AUTHORIZED PROFESSIONAL COMBATIVE SPORTS, SHALL BE DEPRIVED OF HIS OR HER LICENSE BY THE COMMISSION AND ANY OTHER APPROPRIATE LEGAL REMEDIES. 4. NO LICENSED PROMOTER OR MATCHMAKER SHALL KNOWINGLY ENGAGE IN A COURSE OF CONDUCT IN WHICH FIGHTS ARE ARRANGED WHERE ONE PROFESSIONAL HAS SKILLS OR EXPERIENCE SIGNIFICANTLY IN EXCESS OF THE OTHER PROFES- SIONAL SO THAT A MISMATCH RESULTS WITH THE POTENTIAL OF PHYSICAL HARM TO THE PROFESSIONAL. S 1019. PENALTIES. 1. A PERSON WHO KNOWINGLY ADVANCES OR PROFITS FROM A PROHIBITED COMBATIVE SPORT SHALL BE GUILTY OF A CLASS A MISDEMEANOR, AND SHALL BE GUILTY OF A CLASS E FELONY IF HE OR SHE HAS BEEN CONVICTED IN THE PREVIOUS FIVE YEARS OF VIOLATING THIS SUBDIVISION. 2. ANY PERSON WHO KNOWINGLY ADVANCES OR PROFITS FROM A PROHIBITED COMBATIVE SPORT SHALL ALSO BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED S. 6408--B 28 FOR THE FIRST VIOLATION TEN THOUSAND DOLLARS OR TWICE THE AMOUNT OF GAIN DERIVED THEREFROM WHICHEVER IS GREATER, OR FOR A SUBSEQUENT VIOLATION TWENTY-FIVE THOUSAND DOLLARS OR TWICE THE AMOUNT OF GAIN DERIVED THERE- FROM WHICHEVER IS GREATER. THE ATTORNEY GENERAL IS HEREBY EMPOWERED TO COMMENCE JUDICIAL PROCEEDINGS TO RECOVER SUCH PENALTIES AND TO OBTAIN INJUNCTIVE RELIEF TO ENFORCE THE PROVISIONS OF THIS SECTION. 3. ANY PERSON OR CORPORATION WHO DIRECTLY OR INDIRECTLY CONDUCTS ANY COMBATIVE SPORT WITHOUT FIRST HAVING PROCURED AN APPROPRIATE LICENSE, OR HAVING BEEN DESIGNATED AN AUTHORIZED SANCTIONING ENTITY AS PRESCRIBED IN THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR. ANY PERSON WHO PARTIC- IPATES IN A COMBATIVE SPORT AS A REFEREE, JUDGE, MATCH-MAKER, TIMEKEEP- ER, PROFESSIONAL, MANAGER, TRAINER, OR SECOND WITHOUT FIRST HAVING PROCURED AN APPROPRIATE LICENSE AS PRESCRIBED IN THIS ARTICLE, OR WHERE SUCH COMBATIVE SPORT IS PROHIBITED UNDER THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR. ANY PERSON, PARTNERSHIP OR CORPORATION WHO PROMOTES A PROFESSIONAL WRESTLING MATCH OR EXHIBITION IN THE STATE WITHOUT FIRST HAVING PROCURED AN APPROPRIATE LICENSE IN ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF THIS ARTICLE, SHALL BE GUILTY OF A MISDEMEANOR. 4. ANY CORPORATION, ENTITY, PERSON OR PERSONS, LICENSED, PERMITTED OR OTHERWISE AUTHORIZED UNDER THE PROVISIONS OF THIS ARTICLE, THAT SHALL KNOWINGLY VIOLATE ANY RULE OR ORDER OF THE COMMISSION OR ANY PROVISION OF THIS ARTICLE, IN ADDITION TO ANY OTHER PENALTY BY LAW PRESCRIBED, SHALL BE LIABLE TO A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS FOR THE FIRST OFFENSE AND NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS FOR THE SECOND AND EACH SUBSEQUENT OFFENSE, TO BE IMPOSED BY THE COMMISSION, TO BE SUED FOR BY THE ATTORNEY-GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK IF DIRECTED BY THE COMMISSION. THE COMMISSION, FOR CAUSE SHOWN, MAY EXTEND THE TIME FOR THE PAYMENT OF SUCH PENALTY AND, BY COMPROMISE, MAY ACCEPT LESS THAN THE AMOUNT OF SUCH PENALTY AS IMPOSED IN SETTLEMENT THEREOF. FOR THE PURPOSES OF THIS SECTION, EACH TRANS- ACTION OR STATUTORY VIOLATION SHALL CONSTITUTE A SEPARATE OFFENSE, EXCEPT THAT A SECOND OR SUBSEQUENT OFFENSE SHALL NOT BE DEEMED TO EXIST UNLESS A DECISION HAS BEEN RENDERED IN A PRIOR, SEPARATE AND INDEPENDENT PROCEEDING. 5. ON THE FIRST INFRACTION OF RULES OR REGULATIONS PROMULGATED PURSU- ANT TO SUBDIVISION TWO OF SECTION ONE THOUSAND NINE OF THIS ARTICLE, WHICH INFRACTION MAY INCLUDE MORE THAN ONE INDIVIDUAL VIOLATION, THE COMMISSION MAY IMPOSE A CIVIL FINE OF UP TO TWO HUNDRED FIFTY DOLLARS FOR EACH HEALTH AND SAFETY VIOLATION AND MAY SUSPEND THE TRAINING FACIL- ITY'S LICENSE UNTIL THE VIOLATION OR VIOLATIONS ARE CORRECTED. ON THE SECOND SUCH INFRACTION, THE COMMISSION MAY IMPOSE A CIVIL FINE OF UP TO FIVE HUNDRED DOLLARS FOR EACH HEALTH AND SAFETY VIOLATION AND MAY SUSPEND THE TRAINING FACILITY'S LICENSE UNTIL THE VIOLATION OR VIOLATIONS ARE CORRECTED. ON THE THIRD SUCH INFRACTION OR FOR SUBSEQUENT INFRACTIONS, THE COMMISSION MAY IMPOSE A CIVIL FINE OF UP TO SEVEN HUNDRED FIFTY DOLLARS FOR EACH HEALTH AND SAFETY VIOLATION AND MAY REVOKE THE TRAINING FACILITY'S LICENSE. 6. ANY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB FAILING TO FULLY COMPLY WITH PARAGRAPH (A) OF SUBDIVISION TWELVE OF SECTION ONE THOUSAND FIFTEEN OF THIS ARTICLE SHALL BE SUBJECT TO A PENALTY OF FIVE HUNDRED DOLLARS TO BE COLLECTED BY AND PAID TO THE DEPARTMENT OF STATE. ANY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB IS PROHIBITED FROM OPERAT- ING ANY SHOWS OR EXHIBITIONS UNTIL ALL PENALTIES DUE PURSUANT TO THIS SECTION AND TAXES, INTEREST AND PENALTIES DUE PURSUANT TO ARTICLE NINE- TEEN OF THE TAX LAW HAVE BEEN PAID. S. 6408--B 29 7. ALL PENALTIES IMPOSED AND COLLECTED BY THE COMMISSION FROM ANY CORPORATION, ENTITY, PERSON OR PERSONS LICENSED UNDER THE PROVISIONS OF THIS ARTICLE, WHICH FINES AND PENALTIES ARE IMPOSED AND COLLECTED UNDER AUTHORITY HEREBY VESTED SHALL WITHIN THIRTY DAYS AFTER THE RECEIPT THER- EOF BY THE COMMISSION BE PAID BY THEM INTO THE STATE TREASURY. S 1020. SUBPOENAS BY COMMISSION; OATHS. THE COMMISSION SHALL HAVE AUTHORITY TO ISSUE, UNDER THE HAND OF ITS CHAIRPERSON, AND THE SEAL OF THE COMMISSION, SUBPOENAS FOR THE ATTENDANCE OF WITNESSES BEFORE THE COMMISSION. A SUBPOENA ISSUED UNDER THIS SECTION SHALL BE REGULATED BY THE CIVIL PRACTICE LAW AND RULES. S 1021. EXCEPTIONS. THE PROVISIONS OF THIS ARTICLE EXCEPT AS PROVIDED IN SUBDIVISION TWELVE OF SECTION ONE THOUSAND FIFTEEN OF THIS ARTICLE SHALL NOT BE CONSTRUED TO APPLY TO ANY SPARRING OR BOXING CONTEST OR EXHIBITION CONDUCTED UNDER THE SUPERVISION OR THE CONTROL OF THE NEW YORK STATE NATIONAL GUARD OR NAVAL MILITIA WHERE ALL OF THE CONTESTANTS ARE MEMBERS OF THE ACTIVE MILITIA; NOR TO ANY SUCH CONTEST OR EXHIBITION WHERE THE CONTESTANTS ARE ALL AMATEURS, SPONSORED BY AND UNDER THE SUPERVISION OF ANY UNIVERSITY, COLLEGE, SCHOOL OR OTHER INSTITUTION OF LEARNING, RECOGNIZED BY THE REGENTS OF THE STATE OF NEW YORK; NOR TO ANY BUSINESS ENTITY INCORPORATED FOR THE PURPOSES OF PROVIDING INSTRUCTION AND EVALUATION IN A COMBATIVE SPORT TO CUSTOMERS FOR THE PURPOSES OF HEALTH AND FITNESS, PERSONAL DEVELOPMENT, SELF-DEFENSE OR PARTICIPATION IN AMATEUR EVENTS CONDUCTED BY AN AUTHORIZED SANCTIONING ENTITY; NOR TO ANY SUCH CONTEST OR EXHIBITIONS WHERE THE CONTESTANTS ARE ALL AMATEURS SPONSORED BY AND UNDER THE SUPERVISION OF THE AMERICAN OLYMPIC ASSOCI- ATION OR, IN THE CASE OF BOXING, THE U.S. AMATEUR BOXING FEDERATION OR ITS LOCAL AFFILIATES OR THE AMERICAN OLYMPIC ASSOCIATION; NOR EXCEPT AS TO THE EXTENT PROVIDED OTHERWISE IN THIS ARTICLE, TO ANY PROFESSIONAL WRESTLING CONTEST OR EXHIBITION AS DEFINED IN THIS ARTICLE. ANY INDIVID- UAL, ASSOCIATION, CORPORATION OR CLUB, EXCEPT ELEMENTARY OR HIGH SCHOOLS OR EQUIVALENT INSTITUTIONS OF LEARNING RECOGNIZED BY THE REGENTS OF THE STATE OF NEW YORK, WHO OR WHICH CONDUCTS AN AMATEUR CONTEST PURSUANT TO THIS SECTION MUST REGISTER WITH THE U. S. AMATEUR BOXING FEDERATION OR ITS LOCAL AFFILIATES AND ABIDE BY ITS RULES AND REGULATIONS. S 1022. DISPOSITION OF RECEIPTS. ALL RECEIPTS OF THE COMMISSION SHALL BE PAID INTO THE STATE TREASURY, PROVIDED, HOWEVER, THAT RECEIPTS FROM THE TAX IMPOSED BY ARTICLE NINETEEN OF THE TAX LAW SHALL BE DEPOSITED AS PROVIDED BY SECTION ONE HUNDRED SEVENTY-ONE-A OF THE TAX LAW. S 3. Subdivision 1 of section 451 of the tax law, as amended by section 1 of part F of chapter 407 of the laws of 1999, is amended to read as follows: 1. "Gross receipts from ticket sales" shall mean the total gross receipts of every person from the sale of tickets to any [professional or amateur boxing, sparring or wrestling match or exhibition] AUTHORIZED COMBATIVE SPORT held in this state, and without any deduction whatsoever for commissions, brokerage, distribution fees, advertising or any other expenses, charges and recoupments in respect thereto. S 4. Section 451 of the tax law is amended by adding a new subdivision 4 to read as follows: 4. "AUTHORIZED COMBATIVE SPORT" SHALL MEAN ANY COMBATIVE SPORT AUTHOR- IZED PURSUANT TO SECTION ONE THOUSAND ONE OF THE GENERAL BUSINESS LAW. S 5. Section 452 of the tax law, as amended by section 2 of part F of chapter 407 of the laws of 1999, is amended to read as follows: S 452. Imposition of tax. 1. On and after October first, nineteen hundred ninety-nine, a tax is hereby imposed and shall be paid upon the gross receipts of every person holding any professional or amateur S. 6408--B 30 boxing, sparring or wrestling match or exhibition in this state. Such tax shall be imposed on such gross receipts, exclusive of any federal taxes, as follows: (a) three percent of gross receipts from ticket sales, except that in no event shall the tax imposed by this [subdivision] PARAGRAPH exceed fifty thousand dollars for any match or exhibition; (b) three percent of gross receipts from broadcasting rights, except that in no event shall the tax imposed by this [subdivision] PARAGRAPH exceed fifty thousand dollars for any match or exhibition. 2. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, A TAX IS HERE- BY IMPOSED AND SHALL BE PAID UPON THE GROSS RECEIPTS OF EVERY PERSON HOLDING ANY AUTHORIZED COMBATIVE SPORT IN THIS STATE, OTHER THAN ANY PROFESSIONAL OR AMATEUR BOXING, SPARRING OR WRESTLING EXHIBITION OR MATCH, EXCLUSIVE OF ANY FEDERAL TAXES AS FOLLOWS: (A) EIGHT AND ONE-HALF PERCENT OF GROSS RECEIPTS FROM TICKET SALES; AND (B) THREE PERCENT OF THE SUM OF (I) GROSS RECEIPTS FROM BROADCASTING RIGHTS, AND (II) GROSS RECEIPTS FROM DIGITAL STREAMING OVER THE INTER- NET, EXCEPT THAT IN NO EVENT SHALL SUCH TAX IMPOSED PURSUANT TO THIS PARAGRAPH EXCEED FIFTY THOUSAND DOLLARS FOR ANY MATCH OR EXHIBITION. S 6. The article heading of article 19 of the tax law, as added by chapter 833 of the laws of 1987, is amended to read as follows: [BOXING AND WRESTLING EXHIBITIONS] AUTHORIZED COMBATIVE SPORTS TAX S 7. Paragraph 1 of subdivision (f) of section 1105 of the tax law, as amended by section 100 of part A of chapter 389 of the laws of 1997, is amended to read as follows: (1) Any admission charge where such admission charge is in excess of ten cents to or for the use of any place of amusement in the state, except charges for admission to race tracks[, boxing, sparring or wres- tling matches or exhibitions] OR AUTHORIZED COMBATIVE SPORTS which charges are taxed under any other law of this state, or dramatic or musical arts performances, or live circus performances, or motion picture theaters, and except charges to a patron for admission to, or use of, facilities for sporting activities in which such patron is to be a participant, such as bowling alleys and swimming pools. For any person having the permanent use or possession of a box or seat or a lease or a license, other than a season ticket, for the use of a box or seat at a place of amusement, the tax shall be upon the amount for which a similar box or seat is sold for each performance or exhibition at which the box or seat is used or reserved by the holder, licensee or lessee, and shall be paid by the holder, licensee or lessee. S 8. The section heading of section 1820 of the tax law, as amended by section 32 of subpart I of part V-1 of chapter 57 of the laws of 2009, is amended to read as follows: [Boxing and wrestling exhibitions] AUTHORIZED COMBATIVE SPORTS tax. S 9. Paragraph (b) of subdivision 6-c of section 106 of the alcoholic beverage control law, as added by chapter 254 of the laws of 2001, is amended to read as follows: (b) The prohibition contained in paragraph (a) of this subdivision, however, shall not be applied to any [professional match or exhibition which consists of boxing, sparring, wrestling, or martial arts and which is excepted from the definition of the term "combative sport" contained in subdivision one of section five-a of chapter nine hundred twelve of the laws of nineteen hundred twenty, as added by chapter fourteen of the laws of nineteen hundred ninety-seven] AUTHORIZED COMBATIVE SPORT. S. 6408--B 31 S 10. The department of state, with the assistance of the state athletic commission, medical advisory board, departments of health and financial services, state insurance fund, division of budget and such other state entities as appropriate, shall carefully consider potential mechanisms to provide financial resources for the payment of expenses related to medical and rehabilitative care for professionals licensed under article forty-one of the general business law who experience debilitating brain injuries associated with repetitive head injuries sustained through their participation in combative sports. The depart- ment of state may consult and contract with third parties for services in the course of this review. The department of state shall report its findings and recommendations to the governor, temporary president of the senate and speaker of the assembly within eighteen months of the effec- tive date of this section. In addition to the foregoing, within twelve months of the effective date of this section, the state athletic commis- sion shall make any recommendations to the governor, temporary president of the senate and speaker of the assembly regarding legislative changes which may be necessary to effectuate the purpose and intent of this chapter, including, but not limited to, appropriate adjustments to the insurance requirements contained therein. S 11. This act shall take effect on the first day of the first month next succeeding the one hundred twentieth day after it shall have become a law and shall apply to gross receipts from combative sports held on or after that date; provided, however, that the addition, amendment and/or repeal of any rule or regulation of the state athletic commission neces- sary for the implementation of this act on its effective date is author- ized to be made on or before such effective date. PART P Intentionally Omitted PART Q Intentionally Omitted PART R Section 1. Short title. This act shall be known and may be cited as the "private activity bond allocation act of 2016". S 2. Legislative findings and declaration. The legislature hereby finds and declares that the federal tax reform act of 1986 established a statewide bond volume ceiling on the issuance of certain tax exempt private activity bonds and notes and, under certain circumstances, governmental use bonds and notes issued by the state and its public authorities, local governments, agencies which issue on behalf of local governments, and certain other issuers. The federal tax reform act establishes a formula for the allocation of the bond volume ceiling which was subject to temporary modification by gubernatorial executive order until December 31, 1987. That act also permits state legislatures to establish, by statute, an alternative formula for allocating the volume ceiling. Bonds and notes subject to the volume ceiling require an allocation from the state's annual volume ceiling in order to qualify for federal tax exemption. It is hereby declared to be the policy of the state to maximize the public benefit through the issuance of private activity bonds for the S. 6408--B 32 purposes of, among other things, allocating a fair share of the bond volume ceiling upon initial allocation and from a bond reserve to local agencies and for needs identified by local governments; providing hous- ing and promoting economic development; job creation; an economical energy supply; and resource recovery and to provide for an orderly and efficient volume ceiling allocation process for state and local agencies by establishing an alternative formula for making such allocations. S 3. Definitions. As used in this act, unless the context requires otherwise: 1. "Bonds" means bonds, notes or other obligations. 2. "Carryforward" means an amount of unused private activity bond ceiling available to an issuer pursuant to an election filed with the internal revenue service pursuant to section 146(f) of the code. 3. "Code" means the internal revenue code of 1986, as amended. 4. "Commissioner" means the commissioner of the New York state depart- ment of economic development. 5. "Covered bonds" means those tax exempt private activity bonds and that portion of the non-qualified amount of an issue of governmental use bonds for which an allocation of the statewide ceiling is required for the interest earned by holders of such bonds to be excluded from the gross income of such holders for federal income tax purposes under the code. 6. "Director" means the director of the New York state division of the budget. 7. "Issuer" means a local agency, state agency or other issuer. 8. "Local agency" means an industrial development agency established or operating pursuant to article 18-A of the general municipal law, the Troy industrial development authority and the Auburn industrial develop- ment authority. 9. "Other issuer" means any agency, political subdivision or other entity, other than a local agency or state agency, that is authorized to issue covered bonds. 10. "Qualified small issue bonds" means qualified small issue bonds, as defined in section 144(a) of the code. 11. "State agency" means the state of New York, the New York state energy research and development authority, the New York job development authority, the New York state environmental facilities corporation, the New York state urban development corporation and its subsidiaries, the Battery Park city authority, the port authority of New York and New Jersey, the power authority of the state of New York, the dormitory authority of the state of New York, the New York state housing finance agency, the state of New York mortgage agency, and any other public benefit corporation or public authority designated by the governor for the purposes of this act. 12. "Statewide ceiling" means for any calendar year the highest state ceiling (as such term is used in section 146 of the code) applicable to New York state. 13. "Future allocations" means allocations of statewide ceiling for up to two future years. 14. "Multi-year housing development project" means a project (a) which qualifies for covered bonds; (b) which is to be constructed over two or more years; and (c) in which at least twenty percent of the dwelling units will be occupied by persons and families of low income. S 4. Local agency set-aside. A set-aside of statewide ceiling for local agencies for any calendar year shall be an amount which bears the S. 6408--B 33 same ratio to one-third of the statewide ceiling as the population of the jurisdiction of such local agency bears to the population of the entire state. The commissioner shall administer allocations of such set-aside to local agencies. S 5. State agency set-aside. A set-aside of statewide ceiling for all state agencies for any calendar year shall be one-third of the statewide ceiling. The director shall administer allocations of such set-aside to state agencies and may grant an allocation to any state agency upon receipt of an application in such form as the director shall require. S 6. Statewide bond reserve. One-third of the statewide ceiling is hereby set aside as a statewide bond reserve to be administered by the director. 1. Allocation of the statewide bond reserve among state agen- cies, local agencies and other issuers. The director shall transfer a portion of the statewide bond reserve to the commissioner for allocation to and use by local agencies and other issuers in accordance with the terms of this section. The remainder of the statewide bond reserve may be allocated by the director to state agencies in accordance with the terms of this section. 2. Allocation of statewide bond reserve to local agencies or other issuers. (a) Local agencies or other issuers may at any time apply to the commissioner for an allocation from the statewide bond reserve. Such application shall demonstrate: (i) that the requested allocation is required under the code for the interest earned on the bonds to be excluded from the gross income of bondholders for federal income tax purposes; (ii) that the local agency's remaining unused allocation provided pursuant to section four of this act, and other issuer's remaining unused allocation, or any available carryforward will be insufficient for the specific project or projects for which the reserve allocation is requested; and (iii) that, except for those allocations made pursuant to section twelve of this act to enable carryforward elections, the requested allo- cation is reasonably expected to be used during the calendar year, and the requested future allocation is reasonably expected to be used in the calendar year to which the future allocation relates. (b) In reviewing and approving or disapproving applications, the commissioner shall exercise discretion to ensure an equitable distrib- ution of allocations from the statewide bond reserve to local agencies and other issuers. Prior to making a determination on such applications, the commissioner shall notify and seek the recommendation of the presi- dent and chief executive officer of the New York state housing finance agency in the case of an application related to the issuance of multi- family housing or mortgage revenue bonds, and in the case of other requests, such state officers, departments, divisions and agencies as the commissioner deems appropriate. (c) Applications for allocations shall be made in such form and contain such information and reports as the commissioner shall require. (d) On or before September fifteenth of each year, the commissioner shall publish the total amount of local agency set-aside that has been recaptured pursuant to section twelve of this act for that year on the department of economic development's website. 3. Allocation of statewide bond reserve to state agencies. The direc- tor may make an allocation from the statewide bond reserve to any state agency. Before making any allocation of statewide bond reserve to state agencies the director shall be satisfied: (a) that the allocation is required under the code for the interest earned on the bonds to be S. 6408--B 34 excluded from the gross income of bondholders for federal income tax purposes; (b) that the state agency's remaining unused allocation provided pursuant to section five of this act or any available carryforward will be insufficient to accommodate the specific bond issue or issues for which the reserve allocation is requested; and (c) that, except for those allocations made pursuant to section twelve of this act to enable carryforward elections, the requested allocation is reasonably expected to be used during the calendar year, and the requested future allocation is reasonably expected to be used in the calendar year to which the future allocation relates. S 7. Access to employment opportunities. 1. All issuers shall require that any new employment opportunities created in connection with the industrial or manufacturing projects financed through the issuance of qualified small issue bonds shall be listed with the New York state department of labor and with the one-stop career center established pursuant to the federal workforce investment act (Pub. L. No. 105-220) serving the locality in which the employment opportunities are being created. Such listing shall be in a manner and form prescribed by the commissioner. All issuers shall further require that for any new employ- ment opportunities created in connection with an industrial or manufac- turing project financed through the issuance of qualified small issue bonds by such issuer, industrial or manufacturing firms shall first consider persons eligible to participate in workforce investment act (Pub. L. No. 105-220) programs who shall be referred to the industrial or manufacturing firm by one-stop centers in local workforce investment areas or by the department of labor. Issuers of qualified small issue bonds are required to monitor compliance with the provisions of this section as prescribed by the commissioner. 2. Nothing in this section shall be construed to require users of qualified small issue bonds to violate any existing collective bargain- ing agreement with respect to the hiring of new employees. Failure on the part of any user of qualified small issue bonds to comply with the requirements of this section shall not affect the allocation of bonding authority to the issuer of the bonds or the validity or tax exempt status of such bonds. S 8. Overlapping jurisdictions. In a geographic area represented by a county local agency and one or more sub-county local agencies, the allo- cation granted by section four of this act with respect to such area of overlapping jurisdiction shall be apportioned one-half to the county local agency and one-half to the sub-county local agency or agencies. Where there is a local agency for the benefit of a village within the geographic area of a town for the benefit of which there is a local agency, the allocation of the village local agency shall be based on the population of the geographic area of the village, and the allocation of the town local agency shall be based upon the population of the geographic area of the town outside of the village. Notwithstanding the foregoing, a local agency may surrender all or part of its allocation for such calendar year to another local agency with an overlapping jurisdiction. Such surrender shall be made at such time and in such manner as the commissioner shall prescribe. S 9. Ineligible local agencies. To the extent that any allocation of the local agency set-aside would be made by this act to a local agency which is ineligible to receive such allocation under the code or under regulations interpreting the state volume ceiling provisions of the S. 6408--B 35 code, such allocation shall instead be made to the political subdivision for whose benefit that local agency was created. S 10. Municipal reallocation. The chief executive officer of any poli- tical subdivision or, if such political subdivision has no chief execu- tive officer, the governing board of the political subdivision for the benefit of which a local agency has been established, may withdraw all or any portion of the allocation granted by section four of this act to such local agency. The political subdivision may then reallocate all or any portion of such allocation, as well as all or any portion of the allocation received pursuant to section nine of this act, to itself or any other issuer established for the benefit of that political subdivi- sion or may assign all or any portion of the allocation received pursu- ant to section nine of this act to the local agency created for its benefit. The chief executive officer or governing board of the political subdivision, as the case may be, shall notify the commissioner before any such reallocation. S 11. Future allocations for multi-year housing development projects. 1. In addition to other powers granted under this act, the commissioner is authorized to make the following future allocations of statewide ceiling for any multi-year housing development project for which the commissioner also makes an allocation of statewide ceiling for the current year under this act or for which, in the event of expiration of provisions of this act described in section eighteen of this act, an allocation of volume cap for a calendar year subsequent to such expira- tion shall have been made under section 146 of the code: (a) to local agencies from the local agency set-aside (but only with the approval of the chief executive officer of the political subdivision to which the local agency set-aside relates or the governing body of a political subdivision having no chief executive officer) and (b) to other issuers from that portion, if any, of the statewide bond reserve transferred to the commissioner by the director. Any future allocation made by the commissioner shall constitute an allocation of statewide ceiling for the future year specified by the commissioner and shall be deemed to have been made on the first day of the future year so specified. 2. In addition to other powers granted under this act, the director is authorized to make future allocations of statewide ceiling from the state agency set-aside or from the statewide bond reserve to state agen- cies for any multi-year housing development project for which the direc- tor also makes an allocation of statewide ceiling from the current year under this act, and is authorized to make transfers of the statewide bond reserve to the commissioner for future allocations to other issuers for multi-year housing development projects for which the commissioner has made an allocation of statewide ceiling for the current year. Any such future allocation or transfer of the statewide bond reserve for future allocation made by the director shall constitute an allocation of statewide ceiling or transfer of the statewide bond reserve for the future years specified by the director and shall be deemed to have been made on the first day of the future year so specified. 3. (a) If an allocation made with respect to a multi-year housing development project is not used by September fifteenth of the year to which the allocation relates, the allocation with respect to the then current year shall be subject to recapture in accordance with the provisions of section twelve of this act, and in the event of such a recapture, unless a carryforward election by another issuer shall have been approved by the commissioner or a carryforward election by a state S. 6408--B 36 agency shall have been approved by the director, all future allocations made with respect to such project pursuant to subdivision one or two of this section shall be canceled. (b) The commissioner and the director shall have the authority to make future allocations from recaptured current year allocations and canceled future allocations to multi-year housing development projects in a manner consistent with the provisions of this act. (c) The commissioner and the director shall establish procedures consistent with the provisions of this act relating to carryforward of future allocations. 4. The aggregate future allocations from either of the two succeeding years shall not exceed six hundred fifty million dollars for each such year. S 12. Year end allocation recapture. On or before September first of each year, each state agency shall report to the director and each local agency and each other issuer shall report to the commissioner the amount of bonds subject to allocation under this act that will be issued prior to the end of the then current calendar year, and the amount of the issuer's then total allocation that will remain unused. As of September fifteenth of each year, the unused portion of each local agency's and other issuer's then total allocation as reported and the unallocated portion of the set-aside for state agencies shall be recaptured and added to the statewide bond reserve and shall no longer be available to covered bond issuers except as otherwise provided herein. From September fifteenth through the end of the year, each local agency or other issuer having an allocation shall immediately report to the commissioner and each state agency having an allocation shall immediately report to the director any changes to the status of its allocation or the status of projects for which allocations have been made which should affect the timing or likelihood of the issuance of covered bonds therefor. If the commissioner determines that a local agency or other issuer has overes- timated the amount of covered bonds subject to allocation that will be issued prior to the end of the calendar year, the commissioner may recapture the amount of the allocation to such local agency or other issuer represented by such overestimation by notice to the local agency or other issuer, and add such allocation to the statewide bond reserve. The director may likewise make such determination and recapture with respect to state agency allocations. S 13. Allocation carryforward. 1. No local agency or other issuer shall make a carryforward election utilizing any unused allocation (pursuant to section 146(f) of the code) without the prior approval of the commissioner. Likewise no state agency shall make or file such an election, or elect to issue or carryforward mortgage credit certif- icates, without the prior approval of the director. 2. On or before November fifteenth of each year, each state agency seeking unused statewide ceiling for use in future years shall make a request for an allocation for a carryforward to the director, whose approval shall be required before a carryforward election is filed by or on behalf of any state agency. A later request may also be considered by the director, who may file a carryforward election for any state agency with the consent of such agency. 3. On or before November fifteenth of each year, each local agency or other issuer seeking unused statewide ceiling for use in future years shall make a request for an allocation for a carryforward to the commis- sioner, whose approval shall be required before a carryforward election S. 6408--B 37 is filed by or on behalf of any local or other agency. A later request may also be considered by the commissioner. 4. On or before January fifteenth of each year, the director shall publish the total amount of unused statewide ceiling from the prior year on the division of budget's website. S 14. New York state bond allocation policy advisory panel. 1. There is hereby created a policy advisory panel and process to provide policy advice regarding the priorities for distribution of the statewide ceil- ing. 2. The panel shall consist of five members, one designee being appointed by each of the following: 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. The designee of the governor shall chair the panel. The panel shall monitor the allocation process through the year, and in that regard, the division of budget and the department of economic development shall assist and cooperate with the panel as provided in this section. The advisory process shall oper- ate through the issuance of advisory opinions by members of the panel as provided in subdivisions six and seven of this section. A meeting may be held at the call of the chair with the unanimous consent of the members. 3. (a) Upon receipt of a request for allocation or a request for approval of a carryforward election from the statewide reserve from a local agency or other issuer, the commissioner shall, within five work- ing days, notify the panel of such request and provide the panel with copies of all application materials submitted by the applicant. (b) Upon receipt of a request for allocation or a request for approval of carryforward election from the statewide reserve from a state agency, the director shall, within five working days, notify the panel of such request and provide the panel with copies of all application materials submitted by the applicant. 4. (a) Following receipt of a request for allocation from a local agency or other issuer, the commissioner shall notify the panel of a decision to approve or exclude from further consideration such request, and the commissioner shall state the reasons. Such notification shall be made with or after the transmittal of the information specified in subdivision three of this section and at least five working days before formal notification is made to the applicant. (b) Following receipt of a request for allocation from a state agency, the director shall notify the panel of a decision to approve or exclude from further consideration such request, and shall state the reasons. Such notification shall be made with or after the transmission of the information specified in subdivision three of this section and at least five working days before formal notification is made to the state agen- cy. 5. The requirements of subdivisions three and four of this section shall not apply to adjustments to allocations due to bond sizing chang- es. 6. In the event that any decision to approve or to exclude from further consideration a request for allocation is made within ten work- ing days of the end of the calendar year and in the case of all requests for consent to a carryforward election, the commissioner or director, as is appropriate, shall provide the panel with the longest possible advance notification of the action, consistent with the requirements of the code, and shall, wherever possible, solicit the opinions of the members of the panel before formally notifying any applicant of the action. Such notification may be made by means of telephone communi- S. 6408--B 38 cation to the members or by written notice delivered to the Albany office of the appointing authority of the respective members. 7. Upon notification by the director or the commissioner, any member of the panel may, within five working days, notify the commissioner or the director of any policy objection concerning the expected action. If three or more members of the panel shall submit policy objections in writing to the intended action, the commissioner or the director shall respond in writing to the objection prior to taking the intended action unless exigent circumstances make it necessary to respond after the action has been taken. 8. On or before the first day of July, in any year, the director shall report to the members of the New York state bond allocation policy advi- sory panel on the actual utilization of volume cap for the issuance of bonds during the prior calendar year and the amount of such cap allo- cated for carryforwards for future bond issuance. The report shall include, for each local agency or other issuer and each state agency the initial allocation, the amount of bonds issued subject to the allo- cation, the amount of the issuer's allocation that remained unused, the allocation of the statewide bond reserve, carryforward allocations and recapture of allocations. Further, the report shall include projections regarding private activity bond issuance for state and local issuers for the calendar year, as well as any recommendations for legislative action. The director shall publish the report on the division of budg- et's website concurrently with the release of the report to the panel. S 15. Severability. If any clause, sentence, paragraph, section, or part of this act shall be adjudged by any court of competent jurisdic- tion to be invalid, such judgment shall not affect, impair, or invali- date the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. S 16. Chapter 49 of the laws of 2014, relating to enacting the private activity bond allocation act of 2014, is REPEALED. S 17. Intentionally omitted. S 18. This act shall take effect immediately; provided, however, that this act shall expire and be deemed repealed July 1, 2018. PART S Intentionally Omitted PART T Section 1. Subdivision 1 and the opening paragraph of subdivision 2 of section 27-1905 of the environmental conservation law, as amended by section 1 of part G of chapter 58 of the laws of 2013, are amended to read as follows: 1. Until December thirty-first, two thousand [sixteen] NINETEEN, accept from a customer, waste tires of approximately the same size and in a quantity equal to the number of new tires purchased or installed by the customer; and Until December thirty-first, two thousand [sixteen] NINETEEN, post written notice in a prominent location, which must be at least eight and one-half inches by fourteen inches in size and contain the following language: S. 6408--B 39 S 2. The opening paragraph of subdivision 1, the opening paragraph of subdivision 2, the opening paragraph of subdivision 3 and paragraph (a) of subdivision 6 of section 27-1913 of the environmental conservation law, as amended by section 2 of part G of chapter 58 of the laws of 2013, are amended to read as follows: Until December thirty-first, two thousand [sixteen] NINETEEN, a waste tire management and recycling fee of two dollars and fifty cents shall be charged on each new tire sold. The fee shall be paid by the purchaser to the tire service at the time the new tire or new motor vehicle is purchased. Until December thirty-first, two thousand [sixteen] NINETEEN, the tire service shall collect the waste tire management and recycling fee from the purchaser at the time of the sale and shall remit such fee to the department of taxation and finance with the quarterly report filed pursuant to subdivision three of this section. Until March thirty-first, two thousand [seventeen] TWENTY, each tire service maintaining a place of business in this state shall make a return to the department of taxation and finance on a quarterly basis, with the return for December, January, and February being due on or before the immediately following March thirty-first; the return for March, April, and May being due on or before the immediately following June thirtieth; the return for June, July, and August being due on or before the immediately following September thirtieth; and the return for September, October, and November being due on or before the immediately following December thirty-first. (a) Until December thirty-first, two thousand [sixteen] NINETEEN, any additional waste tire management and recycling costs of the tire service in excess of the amount authorized to be retained pursuant to paragraph (b) of subdivision two of this section may be included in the published selling price of the new tire, or charged as a separate per-tire charge on each new tire sold. When such costs are charged as a separate per- tire charge: (i) such charge shall be stated as an invoice item separate and distinct from the selling price of the tire; (ii) the invoice shall state that the charge is imposed at the sole discretion of the tire service; and (iii) the amount of such charge shall reflect the actual cost to the tire service for the management and recycling of waste tires accepted by the tire service pursuant to section 27-1905 of this title, provided however, that in no event shall such charge exceed two dollars and fifty cents on each new tire sold. S 2-a. Subdivisions 1, 2 and 6 of section 27-1915 of the environmental conservation law, subdivision 1 as amended by section 5 of part DD of chapter 59 of the laws of 2010 and subdivisions 2 and 6 as added by section 3 of part V1 of chapter 62 of the laws of 2003, are amended to read as follows: 1. costs of the department for the following: (a) first-year costs: (i) enumeration and assessment of noncompliant waste tire stockpiles; and (ii) aerial reconnaissance to locate, survey and characterize sites environmentally, for remote sensing, special analysis and scanning; (b) abatement of noncompliant waste tire stockpiles; [and] (c) COSTS INCURRED BY THE DEPARTMENT WHEN WORKING WITH COMMUNITY OR GROUP WASTE TIRE RECYCLING AND DISPOSAL EVENTS; AND (D) administration and enforcement of the requirements of this arti- cle, exclusive of titles thirteen and fourteen. 2. costs of the department of economic development for the following: S. 6408--B 40 (a) conducting an updated market analysis of outlets for waste tire utilization including recycling and energy recovery opportunities; (b) establishment of a program to provide [funds] LOANS AND GRANTS to NEW YORK-BASED businesses to develop technology that leads to increased markets for waste tires AND TO HELP NEW YORK-BASED BUSINESSES TO EXPAND PRODUCTION CAPACITY, PURCHASE EQUIPMENT OR CONDUCT TESTING FOR THE UTILIZATION OF WASTE TIRES; (c) funding of demonstration projects; and (d) administration of requirements of this section. 6. costs of the department of health for the following: (a) recommendations to protect public health; and (b) administration of requirements of this section; AND (C) DISEASE CONTROL MEASURES, INCLUDING IMPLEMENTATION OF PUBLIC HEALTH SAFETY MEASURES SUCH AS MOSQUITO CONTROL. S 3. This act shall take effect immediately. PART U Section 1. Paragraph a of subdivision 2 of section 92-s of the state finance law, as added by chapter 610 of the laws of 1993, is amended to read as follows: a. The comptroller shall establish the following separate and distinct accounts within the environmental protection fund: (i) solid waste account; (ii) parks, recreation and historic preservation account; (iii) open space account; [and] (iv) CLIMATE CHANGE MITIGATION AND ADAPTATION ACCOUNT; AND (V) environmental protection transfer account. S 2. Paragraph (b) of subdivision 6 of section 92-s of the state finance law, as amended by chapter 432 of the laws of 1997, is amended to read as follows: (b) Moneys from the solid waste account shall be available, pursuant to appropriation and upon certificate of approval of availability by the director of the budget, for any non-hazardous municipal landfill closure project; municipal waste reduction or recycling project, as defined in article fifty-four of the environmental conservation law; for the purposes of section two hundred sixty-one and section two hundred sixty-four of the economic development law; any project for the develop- ment, updating or revision of local solid waste management plans pursu- ant to sections 27-0107 and 27-0109 of the environmental conservation law; ENVIRONMENTAL JUSTICE PROGRAMS, PROJECTS AND GRANTS; and for the development of the pesticide sales and use data base [in conjunction with Cornell University] pursuant to title twelve of article thirty- three of the environmental conservation law. S 3. Subdivision 6 of section 92-s of the state finance law is amended by adding a new paragraph (f) to read as follows: (F) MONEYS FROM THE CLIMATE CHANGE MITIGATION AND ADAPTATION ACCOUNT SHALL BE AVAILABLE, PURSUANT TO APPROPRIATION AND UPON CERTIFICATE OF APPROVAL OF AVAILABILITY BY THE DIRECTOR OF THE BUDGET, FOR PROGRAMS AND PROJECTS TO REDUCE GREENHOUSE GASSES; FOR THE DEVELOPMENT, UPDATING OR REVISION OF LOCAL WATERFRONT REVITALIZATION PLANS PURSUANT TO TITLE ELEVEN OF ARTICLE FIFTY-FOUR OF THE ENVIRONMENTAL CONSERVATION LAW TO ADAPT FOR CLIMATE CHANGE, OR FOR OTHER PLANNING UNDERTAKEN TO IMPROVE RESILIENCY FROM IMPACTS OF CLIMATE CHANGE; FOR SMART GROWTH PROGRAMS; AND FOR ADAPTIVE INFRASTRUCTURE, INCLUDING GRANTS PURSUANT TO THE CLIMATE SMART COMMUNITIES PROGRAM; RESILIENCY PLANTING PROJECTS; THE S. 6408--B 41 CLIMATE RESILIENT FARMS PROGRAM; STATE VULNERABILITY ASSESSMENTS; AND PROGRAMS AND PROJECTS TO IMPLEMENT AND COMPLY WITH THE PROVISIONS OF CHAPTER THREE HUNDRED FIFTY-FIVE OF THE LAWS OF TWO THOUSAND FOURTEEN, KNOWN AS THE "COMMUNITY RISK AND RESILIENCY ACT". S 4. Section 54-1101 of the environmental conservation law, as amended by chapter 309 of the laws of 1996, subdivisions 1 and 5 as amended by chapter 355 of the laws of 2014, is amended to read as follows: S 54-1101. Local waterfront revitalization programs. 1. The secretary is authorized to provide on a competitive basis, within amounts appropriated, state assistance payments AND/OR TECHNICAL ASSISTANCE to municipalities toward the [cost] DEVELOPMENT of any local waterfront revitalization program, including planning projects to miti- gate future physical climate risks. Eligible costs include planning, studies, preparation of local laws, and construction projects. 2. State assistance payments AND/OR TECHNICAL ASSISTANCE shall not exceed fifty percent of the cost of the program, EXCEPT WHERE THE MUNI- CIPALITY HAS A POPULATION, AS DETERMINED IN THE MOST RECENT UNITED STATES CENSUS, OF UNDER THREE HUNDRED THOUSAND AND A MEDIAN HOUSEHOLD INCOME OF LESS THAN OR EQUAL TO ONE HUNDRED TWENTY-FIVE PERCENT OF THE STATEWIDE MEDIAN HOUSEHOLD INCOME FOR THE MOST RECENT UNITED STATES CENSUS, OR AS OTHERWISE DETERMINED BY REGULATION PROMULGATED BY THE DEPARTMENT OF STATE, OR FOR PLANNING PROJECTS TO MITIGATE FUTURE PHYS- ICAL CLIMATE RISKS, IN WHICH CASE STATE ASSISTANCE PAYMENTS AND/OR TECH- NICAL ASSISTANCE SHALL NOT EXCEED NINETY PERCENT OF THE COST OF THE PROGRAM. For the purpose of determining the amount of state assistance payments, costs shall not be more than the amount set forth in the application for state assistance payments approved by the secretary. The state assistance payments shall be paid on audit and warrant of the state comptroller on a certificate of availability of the director of the budget. 3. THE SECRETARY IS AUTHORIZED TO PROVIDE ON A NONCOMPETITIVE BASIS, WITHIN AMOUNTS APPROPRIATED, STATE ASSISTANCE PAYMENTS AND/OR TECHNICAL ASSISTANCE TOWARD THE DEVELOPMENT OF PLANNING PROJECTS TO MITIGATE FUTURE PHYSICAL CLIMATE RISKS TO MUNICIPALITIES THAT HAVE BEEN AWARDED STATE ASSISTANCE PAYMENTS AND/OR TECHNICAL ASSISTANCE UNDER SUBDIVISION ONE OF THIS SECTION. SUCH PAYMENTS MAY BE USED FOR UPDATES DESIGNED TO MITIGATE FUTURE PHYSICAL CLIMATE RISKS. 4. The secretary shall have the power to approve vouchers for payments pursuant to an approved contract. [4.] 5. No moneys shall be expended as authorized by this section except pursuant to an appropriation therefor. [5.] 6. The secretary shall impose such contractual requirements and conditions upon any municipality which receives state assistance payments pursuant to this article as may be necessary and appropriate to ensure that a public benefit shall accrue from the use of such funds by the municipality including but not limited to, a demonstration that future physical climate risk due to sea level rise, and/or storm surges and/or flooding, based on available data predicting the likelihood of future extreme weather events, including hazard risk analysis data if applicable, has been considered. S 5. Intentionally omitted. S 6. Subdivision 1 of section 918 of the executive law, as added by chapter 840 of the laws of 1981, is amended to read as follows: 1. The secretary may enter into a contract or contracts for grants OR PAYMENTS to be made, within the limits of any appropriations therefor, for the following: S. 6408--B 42 a. To any local governments, or to two or more local governments, for projects approved by the secretary which lead to preparation of a water- front revitalization program; provided, however, that such grants OR PAYMENTS shall not exceed fifty percent of the approved cost of such projects, EXCEPT WHERE EACH LOCAL GOVERNMENT HAS A POPULATION, AS DETER- MINED IN THE MOST RECENT UNITED STATES CENSUS, OF UNDER THREE HUNDRED THOUSAND AND A MEDIAN HOUSEHOLD INCOME OF LESS THAN OR EQUAL TO ONE HUNDRED TWENTY-FIVE PERCENT OF THE STATEWIDE MEDIAN HOUSEHOLD INCOME FOR THE MOST RECENT UNITED STATES CENSUS, OR AS OTHERWISE DETERMINED BY REGULATION PROMULGATED BY THE DEPARTMENT OF STATE, OR FOR PLANNING PROJECTS TO MITIGATE FUTURE PHYSICAL CLIMATE RISKS, IN WHICH CASE SUCH GRANTS OR PAYMENTS SHALL NOT EXCEED NINETY PERCENT OF THE APPROVED COST OF SUCH PROJECTS; b. TO SERVICE PROVIDERS, ON BEHALF OF AND IN CONSULTATION WITH ANY LOCAL GOVERNMENTS OR TWO OR MORE LOCAL GOVERNMENTS, FOR PROJECTS APPROVED BY THE SECRETARY WHICH LEAD TO PREPARATION OF A WATERFRONT REVITALIZATION PROGRAM; HOWEVER, THAT SUCH GRANTS OR PAYMENTS SHALL NOT EXCEED FIFTY PERCENT OF THE APPROVED COST OF SUCH PROJECTS, EXCEPT WHERE EACH LOCAL GOVERNMENT HAS A POPULATION, AS DETERMINED IN THE MOST RECENT UNITED STATES CENSUS, OF UNDER THREE HUNDRED THOUSAND AND A MEDIAN HOUSEHOLD INCOME OF LESS THAN OR EQUAL TO ONE HUNDRED TWENTY-FIVE PERCENT OF THE STATEWIDE MEDIAN HOUSEHOLD INCOME FOR THE MOST RECENT UNITED STATES CENSUS, OR AS OTHERWISE DETERMINED BY REGULATION PROMUL- GATED BY THE DEPARTMENT OF STATE, OR FOR PLANNING PROJECTS TO MITIGATE FUTURE PHYSICAL CLIMATE RISKS, IN WHICH CASE SUCH GRANTS OR PAYMENTS SHALL NOT EXCEED NINETY PERCENT OF THE APPROVED COST OF SUCH PROJECTS; C. To any local government or local government agency for research, design, and other activities which serve to facilitate construction projects provided for in an approved waterfront revitalization program; provided, however, that such grants or payments shall not exceed ten percent of the estimated cost of such construction project. S 7. This act shall take effect immediately. PART V Section 1. Subdivision 3 of section 79-b of the navigation law, as amended by section 1 of part D of chapter 109 of the laws of 2010, is amended to read as follows: 3. The amount of state aid to be allocated to eligible governmental entities pursuant to this article shall be determined by the commission- er as hereinafter provided. The commissioner shall determine the percentage proportion which the authorized expenditures of each individ- ual entity, not exceeding four hundred thousand dollars for each county including municipalities therein, shall bear to the total authorized expenditures of all entities. Such percentage proportion shall then be applied against an amount equal to one-half of the total of the amount received by the state in each preceding program year in vessel registra- tion fees as provided in section twenty-two hundred fifty-one of the vehicle and traffic law, less no more than thirty percent, subject to appropriation, which may be used by the commissioner and the commission- er of motor vehicles for administrative costs of the program, including training and equipment, and by the department of environmental conserva- tion, the division of state police and other state agencies, subject to the approval of the commissioner, for the purposes of this article, plus the entire amount received pursuant to subdivision nine of section forty-four of this chapter. The amount thus determined shall constitute S. 6408--B 43 the maximum amount of state aid to which each such entity shall be enti- tled; provided, however, that no entity shall receive state aid in an amount in excess of [fifty] SEVENTY-FIVE percent of its authorized expenditures as approved by the commissioner for such program year. The commissioner shall certify to the comptroller the amount thus determined for each eligible local governmental entity as the amount of state aid to be apportioned to such eligible local governmental entity. The allo- cation of state aid to any county, town or village within the Lake George park shall not be reduced because of the allocation of state aid to the Lake George park commission. Of the remaining funds received by the state for the registration of vessels as provided in section twen- ty-two hundred fifty-one of the vehicle and traffic law, no less than six percent shall be made available to the commissioner for the expenses of the office in providing navigation law enforcement training and administering the provisions of this section. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. PART W Section 1. Subdivision 2 of section 16-w 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 FF of chapter 58 of the laws of 2015, is amended to read as follows: 2. The corporation shall consult with the department of agriculture and markets in order to establish such criteria governing the award of grants as authorized herein, as the corporation and such department deem necessary. Such criteria shall include, but not be limited to[: (a)], farmers who have not produced an "agricultural product" as defined by section three hundred twenty-eight of the agriculture and markets law, for more than ten consecutive years, and who will mate- rially and substantially participate in the production of an agricul- tural product within a region of the state. [(b) farms of one hundred fifty acres or less.] S 2. This act shall take effect immediately. PART X Section 1. Paragraph (e) of subdivision 1 of section 66-j of the public service law, as amended by chapter 355 of the laws of 2009, and the opening paragraph as amended by chapter 336 of the laws of 2010, is amended to read as follows: (e) "Farm waste electric generating equipment" means equipment that generates electric energy from biogas produced by the anaerobic digestion of agricultural waste, such as livestock manure, farming wastes and food processing wastes with a rated capacity of not more than [one] TWO thousand kilowatts, that is: (i) manufactured, installed, and operated in accordance with applica- ble government and industry standards; (ii) connected to the electric system and operated in conjunction with an electric corporation's transmission and distribution facilities; (iii) operated in compliance with any standards and requirements established under this section; (iv) fueled at a minimum of ninety percent on an annual basis by biogas produced from the anaerobic digestion of agricultural waste such S. 6408--B 44 as livestock manure materials, crop residues, and food processing waste; and (v) fueled by biogas generated by anaerobic digestion with at least fifty percent by weight of its feedstock being livestock manure materi- als on an annual basis. S 2. This act shall take effect immediately. PART Y Section 1. The agriculture and markets law is amended by adding a new article 24-A to read as follows: ARTICLE 24-A NY PRIDE / NY CERTIFIED PROGRAM SECTION 291. NY PRIDE/NY CERTIFIED PROGRAM; ESTABLISHED. S 291. NY PRIDE/NY CERTIFIED PROGRAM; ESTABLISHED. 1. THE DEPARTMENT SHALL ESTABLISH AND IMPLEMENT A NY PRIDE/NY CERTIFIED PROGRAM FOR AGRI- CULTURAL PRODUCTS PRODUCED IN THIS STATE WHICH ARE SO PRODUCED IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 2. AN AGRICULTURAL PRODUCT PRODUCED IN THIS STATE SHALL BE ELIGIBLE TO BE LABELED AS "NY PRIDE/NY CERTIFIED" IF IT WAS PRODUCED: (A) BY A PRODUCER WHICH HAS BEEN CERTIFIED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE AS USING GOOD AGRICULTURAL PRACTICES OR A SIMILAR CERTIFICATION FROM SUCH DEPARTMENT RELATING TO THE PARTICULAR AGRICULTURAL PRODUCT; AND (B) BY A PRODUCER WHICH PARTICIPATES IN THE APPROPRIATE COUNTY'S SOIL AND WATER CONSERVATION DISTRICT IN IMPLEMENTING THE AGRICULTURAL ENVI- RONMENTAL MANAGEMENT PLAN ESTABLISHED PURSUANT TO ARTICLE ELEVEN-A OF THIS CHAPTER. 3. THE PRODUCER OF AN AGRICULTURAL PRODUCT WHICH MEETS THE REQUIRE- MENTS OF SUBDIVISION TWO OF THIS SECTION MAY APPLY TO THE DEPARTMENT TO HAVE SUCH PRODUCT CERTIFIED PURSUANT TO THIS SECTION. THE DEPARTMENT SHALL SO CERTIFY EACH SUCH PRODUCT WITH THIRTY DAYS OF RECEIPT OF AN APPLICATION. 4. THE DEPARTMENT SHALL ESTABLISH A LABEL OF SUCH DESIGN, AS SHALL BE DEEMED APPROPRIATE BY THE COMMISSIONER, FOR THE MARKETING OF AGRICUL- TURAL PRODUCTS THAT HAVE BEEN CERTIFIED TO BE LABELED "NY PRIDE/NY CERTIFIED". ONLY AGRICULTURAL PRODUCTS CERTIFIED PURSUANT TO SUBDIVISION THREE OF THIS SECTION SHALL BE AUTHORIZED TO BEAR SUCH LABEL. S 2. This act shall take effect immediately. PART Z Section 1. Section 19-0323 of the environmental conservation law, as added by chapter 629 of the laws of 2006, subdivisions 3 and 5 as amended by section 1 and subdivision 7 as amended by section 2 of part II of chapter 58 of the laws of 2015, and subdivisions 6 and 8 as renum- bered by section 1 of part C of chapter 59 of the laws of 2010, is amended to read as follows: S 19-0323. Use of ultra low sulfur diesel fuel and best available tech- nology by the state. 1. As used in this section, the terms: a. "Ultra low sulfur diesel fuel" means diesel fuel having sulfur content of 0.0015 [per cent] PERCENT of sulfur or less. b. "Heavy duty vehicle" or "vehicle" means any on and off-road vehicle powered by diesel fuel and having a gross vehicle weight of greater than 8,500 pounds, except that those vehicles defined in section 101 of the S. 6408--B 45 vehicle and traffic law, paragraph 2 of schedule E and paragraph (a) of schedule F of subdivision 7 of section 401 of such law, and vehicles specified in subdivision 13 of section 401 of such law, and farm type tractors and all terrain type vehicles used exclusively for agricultural or mowing purposes, or for snow plowing, other than for hire, farm equipment, including self-propelled machines used exclusively in grow- ing, harvesting or handling farm produce, and self-propelled caterpillar or crawler-type equipment while being operated on the contract site, and timber harvesting equipment such as harvesters, wood chippers, forward- ers, log skidders, and other processing equipment used exclusively off highway for timber harvesting and logging purposes, shall not be deemed heavy duty vehicles for purposes of this section. This term shall not include vehicles that are specially equipped for emergency response by the department, office of emergency management, sheriff's office of the department of finance, police department or fire department. c. "Best available retrofit technology" means technology, verified by the United States environmental protection agency for reducing the emis- sion of pollutants that achieves reductions in particulate matter emis- sions at the highest classification level for diesel emission control strategies that is applicable to the particular engine and application. Such technology shall also, at a reasonable cost, achieve the greatest reduction in emissions of nitrogen oxides at such particulate matter reduction level and shall in no event result in a net increase in the emissions of either particulate matter or nitrogen oxides. d. "Reasonable cost" means that such technology does not cost greater than 30 percent more than other technology applicable to the particular engine and application that falls within the same classification level for diesel emission control strategies, as set forth in paragraph c of this subdivision, when considering the cost of the strategies, them- selves, and the cost of installation. 2. Any diesel powered heavy duty vehicle that is owned by, operated by or on behalf of, or leased by a state agency and state and regional public authority shall be powered by ultra low sulfur diesel fuel. 3. Any diesel powered heavy duty vehicle that is owned by, operated by [or on behalf of,] or leased by a state agency and state and regional public authority with more than half of its governing body appointed by the governor shall utilize the best available retrofit technology for reducing the emission of pollutants. The commissioner shall promulgate regulations for the implementation of this subdivision specifying that all vehicles covered by this subdivision shall have best available retrofit technology on or before December 31, [2016] 2018. This subdivision shall not apply to any vehicle subject to a lease or public works contract entered into or renewed prior to the effective date of this section. 4. In addition to other provisions for regulations in this section, the commissioner shall promulgate regulations as necessary and appropri- ate to carry out the provisions of this act including but not limited to provision for waivers upon written finding by the commissioner that (a) best available retrofit technology for reducing the emissions of pollu- tants as required by subdivision 3 of this section is not available for a particular vehicle or class of vehicles and (b) that ultra low sulfur diesel fuel is not available. 5. In addition to any waiver which may be issued pursuant to subdivi- sion four of this section, the department shall issue a waiver to a state agency[,] OR a state or regional public authority[, or a person operating any diesel-powered heavy duty vehicle on behalf of a state S. 6408--B 46 agency, state or regional public authority,] upon a request in a form acceptable to the department for a waiver from the provisions of subdi- vision three of this section for a vehicle engine provided that such vehicle engine will cease to be used in the state on or before December thirty-first, two thousand [seventeen] TWENTY-ONE. Any waiver issued pursuant to this subdivision shall expire when a state agency[, a state or regional public authority, or a person operating any diesel-powered heavy duty vehicle on behalf of a state agency,] OR A state or regional public authority ceases to use the engine in the state but not later than December thirty-first, two thousand [seventeen] TWENTY-ONE. 6. This section shall not apply where federal law or funding precludes the state from imposing the requirements of this section. 7. On or before January 1, 2008 and every year thereafter, the commis- sioner shall report to the governor and legislature on the use of ultra low sulfur diesel fuel. On or before January 1, [2017] 2019 and every year thereafter, the commissioner shall include in the report to the governor and legislature the use of the best available retrofit technol- ogy as required under this section. The information contained in this report shall include, but not be limited to, for each state agency and public authority covered by this section: (a) the total number of diesel fuel-powered motor vehicles owned or operated by such agency and author- ity; (b) the number of such motor vehicles that were powered by ultra low sulfur diesel fuel; (c) the total number of diesel fuel-powered motor vehicles owned or operated by such agency and authority having a gross vehicle weight rating of more than 8,500 pounds; (d) the number of such motor vehicles that utilized the best available retrofit technolo- gy, including a breakdown by motor vehicle model, engine year and the type of technology used for each vehicle; (e) the number of such motor vehicles that are equipped with an engine certified to the applicable 2007 United States environmental protection agency standard for particu- late matter as set forth in section 86.007-11 of title 40 of the code of federal regulations or to any subsequent United States environmental protection agency standard for particulate matter that is at least as stringent; and (f) all waivers, findings, and renewals of such findings, which, for each waiver, shall include, but not be limited to, the quan- tity of diesel fuel needed to power diesel fuel-powered motor vehicles owned or operated by such agency and authority; specific information concerning the availability of ultra low sulfur diesel fuel. 8. The department shall, to the extent practicable, coordinate with regions which have proposed or adopted heavy duty emission inspection programs to promote regional consistency in such programs. S 2. This act shall take effect immediately. PART AA Section 1. This act may be known and be cited as the "New York state water infrastructure improvement act of 2016". S 2. For purposes of this act: 1. "water quality infrastructure project" shall mean "sewage treatment works" as defined in section 17-1903 of the environmental conservation law or "eligible project" as defined in paragraphs (a), (b), (c) and (e) of subdivision 4 of section 1160 of the public health law. 2. "construction" shall mean: (a) for sewage treatment works, the same as defined in section 17-1903 of the environmental conservation law; and S. 6408--B 47 (b) for eligible projects, the same meaning as defined in section 1160 of the public health law. 3. "municipality" shall mean any county, city, town, village, district corporation, county or town improvement district, school district, Indi- an nation or tribe recognized by the state or the United States with a reservation wholly or partly within the boundaries of New York state, any public benefit corporation or public authority established pursuant to the laws of New York or any agency of New York state which is empowered to construct and operate a water quality infrastructure project, or any two or more of the foregoing which are acting jointly in connection with a water quality infrastructure project. S 3. 1. The environmental facilities corporation shall undertake and provide state financial assistance payments, from funds appropriated for such purpose, to municipalities in support of water quality infrastruc- ture projects provided, however, in any such year that funds are appro- priated for such purpose, no municipality shall receive more than five million dollars of appropriated funds. Such state financial assistance payments shall be awarded only to water quality infrastructure projects for: (a) erection, building, acquisition, alteration, reconstruction, improvement, replacement, repair, enlargement or extension of infras- tructure; or (b) compliance with environmental and public health laws and regu- lations related to water quality. 2. Any state financial assistance payment awarded pursuant to this act shall not exceed sixty percent of the project cost. 3. A municipality may make an application for such state financial assistance payment, in a manner, form and timeframe and containing such information as the environmental facilities corporation may require provided however, such requirements shall not include a requirement for prior listing on the intended use plan. 4. A municipality shall not be required to accept environmental facil- ities corporation loan financing in order to obtain a state financial assistance payment pursuant to this act if it can provide proof of having obtained similarly low cost financing or other funding from another source. 5. In awarding such state financial assistance payments, the environ- mental facilities corporation shall consider and give preference to municipalities that meet the hardship criteria established by the envi- ronmental facilities corporation pursuant to section 1285-m of the public authorities law and projects that result in the greatest water quality improvement or greatest reduction in serious risk to public health. For the purposes of this act, the hardship criteria of section 1285-m of the public authorities law shall also apply to sewage treat- ment works defined in section 17-1903 of the environmental conservation law. S 4. This act shall take effect April 1, 2016. PART BB Section 1. Article 27 of the environmental conservation law is amended by adding a new title 20 to read as follows: TITLE 20 PAINT STEWARDSHIP PROGRAM SECTION 27-2001. DEFINITIONS. 27-2003. PAINT STEWARDSHIP PROGRAM. S. 6408--B 48 27-2005. REGULATIONS. 27-2007. REPORTING. S 27-2001. DEFINITIONS. WHEN USED IN THIS TITLE: 1. "ARCHITECTURAL PAINT" MEANS INTERIOR AND EXTERIOR ARCHITECTURAL COATINGS SOLD IN CONTAINERS OF FIVE GALLONS OR LESS. ARCHITECTURAL PAINT DOES NOT INCLUDE INDUSTRIAL, ORIGINAL EQUIPMENT OR SPECIALTY COATINGS. 2. "DISTRIBUTOR" MEANS A PERSON THAT HAS A CONTRACTUAL RELATIONSHIP WITH ONE OR MORE PRODUCERS TO MARKET AND SELL ARCHITECTURAL PAINT TO RETAILERS OR DIRECTLY TO CONSUMERS OR END-USERS IN THE STATE. 3. "ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES" MEANS PROCEDURES FOR THE COLLECTION, STORAGE, TRANSPORTATION, REUSE, RECYCLING AND DISPOSAL OF ARCHITECTURAL PAINT, TO BE IMPLEMENTED BY THE PRODUCER OR REPRESEN- TATIVE ORGANIZATION OR SUCH REPRESENTATIVE ORGANIZATION'S CONTRACTED PARTNERS TO ENSURE COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS, REGULATIONS AND ORDINANCES AND THE PROTECTION OF HUMAN HEALTH AND THE ENVIRONMENT. ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES INCLUDE, BUT ARE NOT LIMITED TO, RECORD KEEPING, THE TRACKING AND DOCU- MENTING OF THE FATE OF POST-CONSUMER PAINT IN AND OUTSIDE OF THE STATE, AND ENVIRONMENTAL LIABILITY COVERAGE FOR PROFESSIONAL SERVICES AND FOR THE OPERATIONS OF THE CONTRACTORS WORKING ON BEHALF OF THE PRODUCER OR REPRESENTATIVE ORGANIZATION. 4. "PAINT STEWARDSHIP ASSESSMENT" MEANS THE AMOUNT ADDED TO THE PURCHASE PRICE OF ARCHITECTURAL PAINT SOLD IN THE STATE THAT IS NECES- SARY TO COVER THE COST OF COLLECTING, TRANSPORTING AND PROCESSING POST- CONSUMER PAINT BY THE PRODUCER OR REPRESENTATIVE ORGANIZATION PURSUANT TO THE PAINT STEWARDSHIP PROGRAM. 5. "PAINT STEWARDSHIP PROGRAM" OR "PROGRAM" MEANS A PROGRAM FOR THE MANAGEMENT OF POST-CONSUMER PAINT OPERATED BY A PRODUCER OR REPRESEN- TATIVE ORGANIZATION. 6. "POST-CONSUMER PAINT" MEANS ARCHITECTURAL PAINT THAT IS NOT USED AND THAT IS NO LONGER WANTED BY A PURCHASER OF ARCHITECTURAL PAINT. 7. "PRODUCER" MEANS A MANUFACTURER OF ARCHITECTURAL PAINT WHO SELLS, OFFERS FOR SALE, DISTRIBUTES OR CONTRACTS TO DISTRIBUTE ARCHITECTURAL PAINT IN THE STATE. 8. "RECYCLING" MEANS THE SERIES OF ACTIVITIES BY WHICH RECYCLABLES ARE COLLECTED, SORTED, PROCESSED AND CONVERTED INTO RAW MATERIALS OR USED IN THE PRODUCTION OF NEW PRODUCTS. THIS TERM EXCLUDES THERMAL TREATMENT OR THE USE OF WASTE AS A FUEL SUBSTITUTE OR FOR ENERGY PRODUCTION. 9. "REPRESENTATIVE ORGANIZATION" MEANS A NONPROFIT ORGANIZATION CREATED BY PRODUCERS TO IMPLEMENT THE PAINT STEWARDSHIP PROGRAM DESCRIBED IN SECTION 27-2003 OF THIS TITLE. 10. "RETAILER" MEANS ANY PERSON WHO OFFERS ARCHITECTURAL PAINT FOR SALE AT RETAIL IN THE STATE. 11. "REUSE" MEANS THE RETURN OF A PRODUCT INTO THE ECONOMIC STREAM FOR USE IN THE SAME KIND OF APPLICATION AS THE PRODUCT WAS ORIGINALLY INTENDED TO BE USED, WITHOUT A CHANGE IN THE PRODUCT'S IDENTITY. 12. "SELL" OR "SALE" MEANS ANY TRANSFER FOR CONSIDERATION OF TITLE OR THE RIGHT TO USE, FROM A MANUFACTURER OR RETAILER TO A PERSON, INCLUD- ING, BUT NOT LIMITED TO, TRANSACTIONS CONDUCTED THROUGH RETAIL SALES OUTLETS, CATALOGS, MAIL, THE TELEPHONE, THE INTERNET, OR ANY ELECTRONIC MEANS; THIS DOES NOT INCLUDE SAMPLES, DONATIONS, AND REUSE. S 27-2003. PAINT STEWARDSHIP PROGRAM. 1. ON OR BEFORE MARCH FIRST, TWO THOUSAND SEVENTEEN, A PRODUCER OR A REPRESENTATIVE ORGANIZATION SHALL SUBMIT A PLAN FOR THE ESTABLISHMENT OF A PAINT STEWARDSHIP PROGRAM TO THE DEPARTMENT FOR APPROVAL. THE PROGRAM S. 6408--B 49 SHALL MINIMIZE THE PUBLIC SECTOR INVOLVEMENT IN THE MANAGEMENT OF POST- CONSUMER PAINT BY REDUCING THE GENERATION OF POST-CONSUMER PAINT, NEGO- TIATING AGREEMENTS TO COLLECT, TRANSPORT, REUSE, RECYCLE, AND/OR BURN FOR ENERGY RECOVERY AT AN APPROPRIATELY LICENSED FACILITY POST-CONSUMER PAINT USING ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES. THE PROGRAM SHALL MINIMIZE THE PUBLIC SECTOR INVOLVEMENT IN THE MANAGEMENT OF POST- CONSUMER PAINT BY REDUCING THE GENERATION OF POST-CONSUMER PAINT, NEGO- TIATING AGREEMENTS TO COLLECT, TRANSPORT, REUSE, RECYCLE, AND/OR COMBUST FOR ENERGY RECOVERY AT AN APPROPRIATELY AUTHORIZED FACILITY, INCLUDING PERMITTEES, POST-CONSUMER PAINT USING ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES. 2. THE PROGRAM SHALL PROVIDE FOR CONVENIENT AND AVAILABLE STATE-WIDE COLLECTION OF POST-CONSUMER PAINT THAT, AT A MINIMUM, PROVIDES AT LEAST ONE PERMANENT COLLECTION SITE LOCATED WITHIN A FIFTEEN MILE RADIUS OF ALL "INCORPORATED CITIES" AND "CENSUS-DESIGNATED PLACES" IN THE STATE; AND ONE ADDITIONAL PERMANENT COLLECTION SITE FOR EVERY THIRTY THOUSAND PEOPLE LOCATED IN THOSE AREAS, UNLESS OTHERWISE APPROVED BY THE DEPART- MENT. WHERE A PERMANENT COLLECTION SITE CANNOT BE LOCATED WITHIN A FIFTEEN MILE RADIUS OF AN INCORPORATED CITY OR CENSUS-DESIGNATED PLACE, THE PROGRAM SHALL PROVIDE FOR AT LEAST ONE COLLECTION EVENT ANNUALLY. THE PROGRAM SHALL NOT CHARGE A FEE TO THE CONSUMER AT THE TIME OF COLLECTION OF POST-CONSUMER ARCHITECTURAL PAINT. 3. THE PLAN SUBMITTED TO THE DEPARTMENT PURSUANT TO THIS SECTION SHALL: (A) IDENTIFY EACH PRODUCER PARTICIPATING IN THE PAINT STEWARDSHIP PROGRAM AND THE BRANDS OF ARCHITECTURAL PAINT SOLD IN THE STATE COVERED BY THE PROGRAM; (B) IDENTIFY HOW THE PRODUCER OR REPRESENTATIVE ORGANIZATION WILL PROVIDE CONVENIENT, STATEWIDE ACCESSIBILITY TO THE PROGRAM; (C) SET FORTH THE PROCESS BY WHICH AN INDEPENDENT AUDITOR WILL BE SELECTED AND IDENTIFY THE CRITERIA USED BY THE PRODUCER OR REPRESEN- TATIVE ORGANIZATION IN SELECTING AN INDEPENDENT AUDITOR; (D) IDENTIFY, IN DETAIL, THE EDUCATIONAL AND OUTREACH PROGRAM THAT WILL BE IMPLEMENTED TO INFORM CONSUMERS AND RETAILERS OF THE PROGRAM AND HOW TO PARTICIPATE; (E) IDENTIFY, IN DETAIL, THE OPERATIONAL PLANS FOR INTERACTING WITH RETAILERS ON THE PROPER HANDLING AND MANAGEMENT OF POST-CONSUMER PAINT; (F) INCLUDE THE PROPOSED, AUDITED PAINT ASSESSMENT AS IDENTIFIED IN THIS SECTION AND THE CRITERIA UPON WHICH THE ASSESSMENT IS BASED; (G) INCLUDE THE TARGETED ANNUAL COLLECTION RATE; (H) INCLUDE A DESCRIPTION OF THE INTENDED TREATMENT, STORAGE, TRANS- PORTATION AND DISPOSAL OPTIONS AND METHODS FOR THE COLLECTED POST-CON- SUMER PAINT; AND (I) BE ACCOMPANIED BY A FEE IN THE AMOUNT OF FIVE THOUSAND DOLLARS FOR EACH PRODUCER, OR TEN THOUSAND DOLLARS FOR EACH PRODUCT STEWARDSHIP ORGANIZATION TO BE DEPOSITED INTO THE ENVIRONMENTAL REGULATORY ACCOUNT AS ESTABLISHED IN SECTION 72-1009 OF THIS CHAPTER, TO COVER THE REVIEW OF SAID PLAN BY THE DEPARTMENT. 4. THE COMMISSIONER SHALL APPROVE OR REJECT A PLAN SUBMITTED UNDER THIS SECTION WITHIN NINETY DAYS OF SUBMISSION AND, IF REJECTED, INFORM THE PRODUCER OR REPRESENTATIVE ORGANIZATION IN WRITING AS TO ANY DEFI- CIENCIES IN SAID PLAN. A PRODUCER OR REPRESENTATIVE ORGANIZATION SHALL AMEND AND RESUBMIT ANY REJECTED PLANS FOR RECONSIDERATION WITHIN SIXTY DAYS OF NOTIFICATION OF THE REJECTION OF SAID PLAN. THE COMMISSIONER SHALL APPROVE OR REJECT SAID PLAN WITHIN THIRTY DAYS OF RESUBMISSION. A S. 6408--B 50 PLAN SHALL BE APPROVED BY THE COMMISSIONER IF IT MEETS THE REQUIRED ELEMENTS UNDER SUBDIVISION THREE OF THIS SECTION. 5. NOT LATER THAN THREE MONTHS AFTER THE DATE THE PLAN IS APPROVED, THE REPRESENTATIVE ORGANIZATION SHALL IMPLEMENT THE PAINT STEWARDSHIP PROGRAM. 6. ON OR BEFORE MARCH FIRST, TWO THOUSAND SEVENTEEN, THE PROPOSED UNIFORM PAINT STEWARDSHIP ASSESSMENT FOR ALL ARCHITECTURAL PAINT SOLD IN THE STATE SHALL BE REVIEWED BY AN INDEPENDENT AUDITOR TO ASSURE THAT THE ASSESSMENT IS CONSISTENT WITH THE BUDGET OF THE PAINT STEWARDSHIP PROGRAM DESCRIBED IN THIS SECTION AND THE INDEPENDENT AUDITOR SHALL RECOMMEND AN AMOUNT FOR THE PAINT STEWARDSHIP ASSESSMENT TO THE DEPART- MENT. THE DEPARTMENT SHALL APPROVE THE PAINT STEWARDSHIP ASSESSMENT BASED UPON THE INDEPENDENT AUDITOR'S RECOMMENDATION. THE DEPARTMENT SHALL BE RESPONSIBLE FOR THE APPROVAL OF SUCH PAINT STEWARDSHIP ASSESS- MENT BASED UPON THE INDEPENDENT AUDITOR'S RECOMMENDATION. IF THE PAINT STEWARDSHIP ASSESSMENT PREVIOUSLY APPROVED BY THE DEPARTMENT PURSUANT TO THIS SECTION IS PROPOSED TO BE CHANGED, THE PRODUCER OR REPRESENTATIVE ORGANIZATION SHALL SUBMIT THE NEW, ADJUSTED UNIFORM PAINT STEWARDSHIP ASSESSMENT TO AN INDEPENDENT AUDITOR FOR REVIEW. AFTER SUCH REVIEW HAS BEEN COMPLETED, THE PRODUCER OR REPRESENTATIVE ORGANIZATION SHALL SUBMIT THE RESULTS OF SAID AUDITOR'S REVIEW AND A PROPOSAL TO AMEND THE PAINT STEWARDSHIP ASSESSMENT TO THE DEPARTMENT FOR REVIEW. THE DEPARTMENT SHALL REVIEW AND APPROVE, IN WRITING, THE ADJUSTED PAINT STEWARDSHIP ASSESSMENT BEFORE THE NEW ASSESSMENT CAN BE IMPLEMENTED. ANY PROPOSED CHANGES TO THE PAINT STEWARDSHIP ASSESSMENT SHALL BE SUBMITTED TO THE DEPARTMENT NO LATER THAN SIXTY DAYS PRIOR TO THE DATE THE PRODUCER OR REPRESENTATIVE ORGANIZATION ANTICIPATES THE ADJUSTED ASSESSMENT TO TAKE EFFECT. 7. ON AND AFTER THE DATE OF IMPLEMENTATION OF THE PAINT STEWARDSHIP PROGRAM PURSUANT TO THIS SECTION, THE PAINT STEWARDSHIP ASSESSMENT SHALL BE ADDED TO THE COST OF ALL ARCHITECTURAL PAINT SOLD TO RETAILERS AND DISTRIBUTORS IN THE STATE BY EACH PRODUCER. ON AND AFTER SUCH IMPLEMEN- TATION DATE, EACH RETAILER OR DISTRIBUTOR, AS APPLICABLE, SHALL ADD THE AMOUNT OF SUCH PAINT STEWARDSHIP ASSESSMENT TO THE PURCHASE PRICE OF ALL ARCHITECTURAL PAINT SOLD IN THE STATE. 8. ANY RETAILER MAY PARTICIPATE, ON A VOLUNTARY BASIS, AS A PAINT COLLECTION POINT PURSUANT TO SUCH PAINT STEWARDSHIP PROGRAM AND IN ACCORDANCE WITH ANY APPLICABLE PROVISION OF LAW OR REGULATION. 9. EACH PRODUCER AND THE REPRESENTATIVE ORGANIZATION SHALL BE IMMUNE FROM LIABILITY FOR ANY CLAIM OF A VIOLATION OF ANTITRUST LAW OR UNFAIR TRADE PRACTICE IF SUCH CONDUCT IS A VIOLATION OF ANTITRUST LAW, TO THE EXTENT SUCH PRODUCER OR REPRESENTATIVE ORGANIZATION IS EXERCISING AUTHORITY PURSUANT TO THE PROVISIONS OF THIS SECTION. 10. NOT LATER THAN THE IMPLEMENTATION DATE OF THE PAINT STEWARDSHIP PROGRAM, THE DEPARTMENT SHALL LIST THE NAMES OF PARTICIPATING PRODUCERS AND THE BRANDS OF ARCHITECTURAL PAINT COVERED BY SUCH PAINT STEWARDSHIP PROGRAM ON ITS WEBSITE. 11. (A) ON AND AFTER THE IMPLEMENTATION DATE OF THE PAINT STEWARDSHIP PROGRAM, NO PRODUCER, DISTRIBUTOR OR RETAILER SHALL SELL OR OFFER FOR SALE ARCHITECTURAL PAINT TO ANY PERSON IN THE STATE IF THE PRODUCER OF SUCH ARCHITECTURAL PAINT IS NOT A MEMBER OF THE REPRESENTATIVE ORGANIZA- TION. (B) NO RETAILER OR DISTRIBUTOR SHALL BE FOUND TO BE IN VIOLATION OF THE PROVISIONS OF THIS SECTION IF, ON THE DATE THE ARCHITECTURAL PAINT WAS ORDERED FROM THE PRODUCER OR ITS AGENT, THE PRODUCER OR THE SUBJECT S. 6408--B 51 BRAND OF ARCHITECTURAL PAINT WAS LISTED ON THE DEPARTMENT'S WEBSITE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. 12. PRODUCERS OR THE REPRESENTATIVE ORGANIZATION SHALL PROVIDE RETAIL- ERS WITH EDUCATIONAL MATERIALS REGARDING THE PAINT STEWARDSHIP ASSESS- MENT AND PAINT STEWARDSHIP PROGRAM TO BE DISTRIBUTED AT THE POINT OF SALE TO THE CONSUMER. SUCH MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMATION REGARDING AVAILABLE END-OF-LIFE MANAGEMENT OPTIONS FOR ARCHITECTURAL PAINT OFFERED THROUGH THE PAINT STEWARDSHIP PROGRAM AND INFORMATION THAT NOTIFIES CONSUMERS THAT A CHARGE FOR THE OPERATION OF SUCH PAINT STEWARDSHIP PROGRAM IS INCLUDED IN THE PURCHASE PRICE OF ALL ARCHITECTURAL PAINT SOLD IN THE STATE. 13. ON OR BEFORE OCTOBER FIFTEENTH, TWO THOUSAND EIGHTEEN, AND ANNUAL- LY THEREAFTER, EACH OPERATOR OF A PROGRAM SHALL SUBMIT A REPORT TO THE COMMISSIONER THAT DETAILS THE PAINT STEWARDSHIP PROGRAM FOR THE PRIOR YEAR'S PROGRAM FROM JULY FIRST TO JUNE THIRTIETH. SAID REPORT SHALL INCLUDE A COPY OF THE INDEPENDENT AUDIT DETAILED IN PARAGRAPH (D) OF THIS SUBDIVISION. SUCH ANNUAL REPORT SHALL INCLUDE: (A) A DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT AND PROCESS POST-CONSUMER PAINT IN THE STATE INCLUDING DETAILING COLLECTION METHODS MADE AVAILABLE TO CONSUMERS AND AN EVALUATION OF THE PROGRAM'S COLLECTION CONVENIENCE; (B) THE OVERALL VOLUME OF POST-CONSUMER PAINT COLLECTED IN THE STATE; (C) THE VOLUME AND TYPE OF POST-CONSUMER PAINT COLLECTED IN THE STATE BY METHOD OF DISPOSITION, INCLUDING REUSE, RECYCLING AND OTHER METHODS OF PROCESSING OR DISPOSAL; (D) THE TOTAL COST OF IMPLEMENTING THE PROGRAM, AS DETERMINED BY AN INDEPENDENT FINANCIAL AUDIT, AS PERFORMED BY AN INDEPENDENT AUDITOR; (E) AN EVALUATION OF THE ADEQUACY OF THE PROGRAM'S FUNDING MECHANISM; (F) SAMPLES OF ALL EDUCATIONAL MATERIALS PROVIDED TO CONSUMERS OF ARCHITECTURAL PAINT AND RETAILERS; (G) A DETAILED LIST OF EFFORTS UNDERTAKEN AND AN EVALUATION OF THE METHODS USED TO DISSEMINATE SUCH MATERIALS INCLUDING RECOMMENDATIONS, IF ANY, FOR HOW THE EDUCATIONAL COMPONENT OF THE PROGRAM CAN BE IMPROVED; AND (H) THE ANNUAL REPORT SHALL BE ACCOMPANIED BY A FEE IN THE AMOUNT OF THREE THOUSAND DOLLARS TO BE DEPOSITED INTO THE ENVIRONMENTAL REGULATORY ACCOUNT, ESTABLISHED PURSUANT TO SECTION 72-1009 OF THIS CHAPTER TO COVER THE REVIEW OF SAID PLAN BY THE DEPARTMENT. 14. THE REPRESENTATIVE ORGANIZATION SHALL UPDATE THE PLAN, AS NEEDED, WHEN THERE ARE CHANGES PROPOSED TO THE CURRENT PROGRAM. A NEW PLAN OR AMENDMENT WILL BE REQUIRED TO BE SUBMITTED TO THE DEPARTMENT FOR APPROVAL WHEN: (A) THERE IS A CHANGE TO THE AMOUNT OF THE ASSESSMENT; OR (B) THERE IS AN ADDITION TO THE PRODUCTS COVERED UNDER THE PROGRAM; OR (C) THERE IS A REVISION OF THE PRODUCT STEWARDSHIP ORGANIZATION'S GOALS; OR (D) EVERY FOUR YEARS, IF REQUESTED, IN WRITING, BY THE DEPARTMENT. THE OPERATOR OF THE PAINT STEWARDSHIP PROGRAM SHALL NOTIFY THE DEPART- MENT ANNUALLY, IN WRITING, IF THERE ARE NO CHANGES PROPOSED TO THE PROGRAM AND THE PRODUCER OR REPRESENTATIVE ORGANIZATION INTENDS TO CONTINUE IMPLEMENTATION OF THE PROGRAM AS PREVIOUSLY APPROVED BY THE DEPARTMENT. S 27-2005. REGULATIONS. THE DEPARTMENT IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU- LATIONS AS MAY BE NECESSARY TO IMPLEMENT AND CARRY OUT THE PROVISIONS OF THIS TITLE. S. 6408--B 52 S 27-2007. REPORTING. NOT LATER THAN JANUARY FIFTEENTH, TWO THOUSAND NINETEEN, AND BIENNIAL- LY THEREAFTER, THE COMMISSIONER SHALL SUBMIT A REPORT TO THE LEGISLATURE AND THE GOVERNOR THAT DESCRIBES THE RESULTS AND ACTIVITIES OF THE PAINT STEWARDSHIP PROGRAM AS ENACTED PURSUANT TO THIS TITLE INCLUDING ANY RECOMMENDATIONS TO IMPROVE THE FUNCTIONING AND EFFICIENCY OF THE PAINT STEWARDSHIP PROGRAM, AS NECESSARY. S 2. The environmental conservation law is amended by adding a new section 71-2730 to read as follows: S 71-2730. ENFORCEMENT OF TITLE 20 OF ARTICLE 27 OF THIS CHAPTER. 1. 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 SHALL BE ASSESSED BY THE COURT IN ANY ACTION OR PROCEEDING PURSUANT TO THIS SECTION. IN ADDI- TION TO ANY CIVIL PENALTIES, ANY PERSON, RETAILER OR MANUFACTURER, AS THOSE TERMS ARE DEFINED IN SECTION 27-1803 OF THIS CHAPTER, MAY BY SIMI- LAR 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. S 3. This act shall take effect immediately. PART CC Section 1. The opening paragraph of subdivision 8 of section 27-2605 of the environmental conservation law, is designated paragraph (a) and a new paragraph (b) is added to read as follows: (B) ANY ELECTRONIC WASTE COLLECTION SITE, ELECTRONIC WASTE CONSOL- IDATION FACILITY, ELECTRONIC WASTE RECYCLING FACILITY OR COUNTY WHICH COLLECTS, HANDLES, AND/OR RECYCLES OR REUSES ANY ITEM OF COVERED ELEC- TRONIC EQUIPMENT MAY SUBMIT AN APPLICATION TO THE COMMISSIONER, IN SUCH FORM AND CONTAINING SUCH INFORMATION AS THE COMMISSIONER MAY REQUIRE, FOR STATE ASSISTANCE PAYMENTS TOWARD THE COST OF COLLECTING, HANDLING, AND/OR RECYCLING OR REUSE OF COVERED ELECTRONIC EQUIPMENT INCURRED WITH- IN THE STATE WHEN SUCH COVERED ELECTRONIC EQUIPMENT WAS NOT COLLECTED, HANDLED AND/OR RECYCLED OR REUSED PURSUANT TO SECTION 27-2603 OF THIS TITLE. THE COMMISSIONER SHALL REVIEW SUCH APPLICATION AND SHALL APPROVE SUCH APPLICATION FOR THE ACTUAL COST OF COLLECTING, HANDLING, AND/OR RECYCLING OR REUSE OF COVERED ELECTRONIC EQUIPMENT INCURRED WITHIN THE STATE. COMPENSATION PURSUANT TO THIS PARAGRAPH SHALL BE PAID WITHIN THIRTY DAYS OF RECEIPT OF AN APPLICATION THEREFOR SUBMITTED TO THE DEPARTMENT, IN SUCH FORM AND HAVING SUCH CONTENT AS SHALL BE DETERMINED BY THE COMMISSIONER IN RULES AND REGULATIONS. S 2. Paragraph (b) of subdivision 6 of section 92-s of the state finance law, as amended by chapter 432 of the laws of 1997, is amended to read as follows: (b) Moneys from the solid waste account shall be available, pursuant to appropriation and upon certificate of approval of availability by the director of the budget, for any non-hazardous municipal landfill closure project; municipal waste reduction or recycling project, as defined in article fifty-four of the environmental conservation law; for the purposes of section two hundred sixty-one and section two hundred sixty-four of the economic development law; any project for the develop- ment, updating or revision of local solid waste management plans pursu- ant to sections 27-0107 and 27-0109 of the environmental conservation law; [and] for the development of the pesticide sales and use data base S. 6408--B 53 in conjunction with Cornell University pursuant to title twelve of arti- cle thirty-three of the environmental conservation law; AND FOR THE PAYMENT OF THE COSTS OF THE COLLECTION, HANDLING, AND/OR RECYCLING AND REUSE OF ELECTRONIC WASTE PURSUANT TO PARAGRAPH (B) OF SUBDIVISION EIGHT OF SECTION 27-2605 OF THE ENVIRONMENTAL CONSERVATION LAW. S 3. Subdivision 8 of section 92-s of the state finance law, as added by chapter 610 of the laws of 1993, is amended to read as follows: 8. All payments of moneys from the fund shall be made on the audit and warrant of the comptroller; PROVIDED, HOWEVER, THAT THE COMPTROLLER SHALL, DURING EACH QUARTER, ALLOCATE MONEYS FROM THE SOLID WASTE ACCOUNT TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR THE PAYMENT OF CLAIMS FOR COMPENSATION ANTICIPATED TO BE SUBMITTED, PURSUANT TO PARA- GRAPH (B) OF SUBDIVISION EIGHT OF SECTION 27-2605 OF THE ENVIRONMENTAL CONSERVATION LAW, DURING SUCH QUARTER. S 4. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law, and shall apply to electronic waste collected, handled, and/or recycled and reused on or after January 1, 2016; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation neces- sary for the implementation of this act on its effective date is author- ized and directed to be made and completed on or before such effective date. PART DD Section 1. Notwithstanding any provision of subdivision 2 of section 27-1405 of the environmental conservation law to the contrary, for the purposes of title 14 of article 27 of such law, "brownfield site" or "site" shall include any real property previously owned by the state that has been transitioned or is being transitioned to private use or ownership, the redevelopment or reuse of which may be complicated by the presence of asbestos. Such terms shall not include real property as specified in paragraphs (a) through (e) of subdivision 2 of section 27-1405 of the environmental conservation law. S 2. This act shall take effect immediately. PART EE Section 1. Subdivision (a) of section 1115 of the tax law is amended by adding a new paragraph 44 to read as follows: (44) ELECTRIC VEHICLES AND ZERO EMISSIONS VEHICLES. (A) AS USED IN THIS PARAGRAPH, "ELECTRIC VEHICLE" MEANS AN ELIGIBLE VEHICLE, AS SUCH TERM IS DEFINED IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION EIGHTEEN HUNDRED EIGHTY-FOUR OF THE PUBLIC AUTHORITIES LAW, PURCHASED AND REGIS- TERED IN NEW YORK STATE. (B) AS USED IN THIS PARAGRAPH, "ZERO EMISSION VEHICLE" MEANS A VEHI- CLE, PURCHASED AND REGISTERED IN NEW YORK STATE, MEETING THE STANDARDS PROVIDED IN 40 CFR 88.104-94(G). S 2. Subdivision (d) of section 306 of the vehicle and traffic law, as amended by chapter 608 of the laws of 1993, is amended to read as follows: (d) No person shall issue a certificate or certificates of inspection, inspection extension, or rejection notice without having made a complete inspection or inspections in conformity with the rules and regulations established by the commissioner, or shall wilfully issue a certificate or certificates of inspection for a motor vehicle, the mechanisms and S. 6408--B 54 other equipment or emissions of which do not comply with the standards prescribed by the rules and regulations established by the commissioner or the commissioner of environmental conservation, or wilfully issue a certificate of inspection extension or rejection notice when the item or items of inspection conform to the standards established by the regu- lations of the commissioner or wilfully issue a certificate of inspection extension or rejection notice for an item or items for which inspection is not required by the regulations of the commissioner; PROVIDED, HOWEVER, THAT ANY ELECTRIC VEHICLE OR ZERO EMISSIONS VEHICLE WITH AN ENVIRONMENTAL PROTECTION AGENCY FUEL EFFICIENCY RATING OF FORTY MILES PER GALLON OR HIGHER, SHALL BE EXEMPT FROM THE PROVISIONS OF THIS SUBDIVISION. S 3. The public authorities law is amended by adding a new section 1884 to read as follows: S 1884. ZERO EMISSION VEHICLE REBATE PROGRAM. 1. THERE IS HEREBY ESTABLISHED WITHIN THE AUTHORITY A ZERO EMISSION VEHICLE (ZEV) REBATE PROGRAM. THE PURPOSE OF THE PROGRAM SHALL BE TO PROMOTE CLEAN TECHNOLOGY VEHICLES THAT CREATE ENVIRONMENTAL BENEFITS, CONTRIBUTE TO THE NUMBER OF VEHICLES ON THE ROAD TO FULFILL NEW YORK'S CONTRIBUTION TO THE MULTI-STATE COMPACT TO HAVE THREE MILLION THREE HUNDRED THOUSAND ZERO EMISSION VEHICLES ON THE ROAD BY TWO THOUSAND TWENTY-FIVE, AND CONTRIB- UTE TO THE ECONOMIC GROWTH OF THE STATE. 2. FOR PURPOSES OF THIS SECTION: (A) "ELIGIBLE PURCHASE" MEANS AND INCLUDES A TRANSACTION INVOLVING A TRADE IN OF A NON-ELIGIBLE VEHICLE, IN ORDER TO COMPLETE A PURCHASE TO OWN OR A LEASE OF NOT LESS THAN THIRTY-SIX MONTHS OF AN ELIGIBLE VEHI- CLE, PURCHASED AND REGISTERED IN NEW YORK STATE, AND PLACED INTO SERVICE ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION. (B) "ELIGIBLE VEHICLE" MEANS AND INCLUDES A NEW LIGHT-DUTY MOTOR ZERO EMISSIONS VEHICLE AS DEFINED IN 40 CFR 88.104-94(G) THAT: (I) HAS FOUR WHEELS; (II) WAS MANUFACTURED FOR USE PRIMARILY ON PUBLIC STREETS, ROADS AND HIGHWAYS; (III) THE POWERTRAIN OF WHICH HAS NOT BEEN MODIFIED FROM THE ORIGINAL MANUFACTURER'S SPECIFICATIONS; (IV) IS RATED AT NOT MORE THAN EIGHT THOUSAND FIVE HUNDRED POUNDS UNLOADED VEHICLE WEIGHT; (V) HAS A MAXIMUM SPEED CAPABILITY OF AT LEAST FIFTY-FIVE MILES PER HOUR; (VI) HAS A MANUFACTURER'S SUGGESTED RETAIL PRICE OF SIXTY THOUSAND DOLLARS OR LESS; AND (VII) IS PROPELLED TO A SIGNIFICANT EXTENT BY A HYDROGEN FUEL CELL OR OTHER ZERO EMISSIONS RATED MOTOR AS DEFINED IN 40 CFR 88.104-94(G), OR AN ELECTRIC MOTOR THAT DRAWS ELECTRICITY FROM A BATTERY THAT: (A) HAS A CAPACITY OF NOT LESS THAN FOUR KILOWATT HOURS; AND (B) IS CAPABLE OF BEING RECHARGED FROM AN EXTERNAL SOURCE OF ELECTRIC- ITY. 3. THE AUTHORITY SHALL AWARD REBATES FOR ELIGIBLE VEHICLES IN AMOUNTS AS DETERMINED BY THIS SECTION. AN APPLICANT IS ELIGIBLE TO RECEIVE A MAXIMUM OF ONE REBATE PER YEAR. 4. THE AUTHORITY SHALL DETERMINE THE REBATE ELIGIBILITY OF EACH APPLI- CANT IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION AND RULES PROMULGATED BY THE AUTHORITY. THE TOTAL AMOUNT OF REBATES ALLOCATED TO CERTIFIED APPLICANTS IN EACH FISCAL YEAR SHALL NOT EXCEED THE AMOUNT OF FUNDS AVAILABLE FOR THE PROGRAM IN THAT FISCAL YEAR. REBATES SHALL BE ALLOCATED TO APPLICANTS ON A FIRST-COME, FIRST-SERVED BASIS, DETERMINED S. 6408--B 55 BY THE DATE THE APPLICATION IS RECEIVED, UNTIL ALL APPROPRIATED FUNDS FOR THE FISCAL YEAR ARE EXPENDED OR THE PROGRAM ENDS, WHICHEVER COMES FIRST. THE AUTHORITY SHALL HAVE AUTHORITY TO REDUCE ELIGIBLE VEHICLE REBATE AMOUNTS FROM THE AMOUNTS SPECIFIED IN SUBDIVISION SEVEN OF THIS SECTION. SUCH REDUCTION SHALL OCCUR ONLY IF THE AUTHORITY FORECASTS FUNDS WOULD BE EXHAUSTED PRIOR TO THE END OF A FISCAL YEAR. 5. THE AUTHORITY SHALL PROMULGATE RULES TO IMPLEMENT AND ADMINISTER THIS SECTION ON OR BEFORE OCTOBER FIFTEENTH, TWO THOUSAND SIXTEEN, INCLUDING RULES RELATING TO THE FORMS REQUIRED TO CLAIM A REBATE UNDER THIS SECTION, THE REQUIRED DOCUMENTATION AND BASIS FOR ESTABLISHING ELIGIBILITY FOR A REBATE, PROCEDURES AND GUIDELINES FOR CLAIMING A REBATE, AND THE COLLECTION OF ECONOMIC IMPACT DATA FROM APPLICANTS. 6. THE AUTHORITY SHALL DETERMINE AND PUBLISH ON ITS WEBSITE ON AN ONGOING BASIS THE AMOUNT OF AVAILABLE FUNDING FOR REBATES REMAINING IN EACH FISCAL YEAR. 7. (A) THE PURCHASER OR LESSEE OF AN ELIGIBLE VEHICLE MAY BE ELIGIBLE FOR ONLY ONE OF THE REBATES SPECIFIED IN THIS PARAGRAPH: (I) A PERSON WHO PURCHASES OR LEASES A NEW ELIGIBLE VEHICLE MAY RECEIVE UP TO A TWO THOUSAND FIVE HUNDRED DOLLAR REBATE IF THE BATTERY CAPACITY OF THE ELIGIBLE VEHICLE IS TEN KILOWATT HOURS OR GREATER OR IS A HYDROGEN FUEL CELL OR OTHER ZERO EMISSIONS RATED MOTOR AS DEFINED IN 40 CFR 88.104-94(G); OR (II) A PERSON WHO PURCHASES OR LEASES A NEW ELIGIBLE VEHICLE MAY RECEIVE UP TO A ONE THOUSAND FIVE HUNDRED DOLLAR REBATE IF THE BATTERY CAPACITY IS FOUR KILOWATT HOURS OR GREATER, BUT LESS THAN TEN KILOWATT HOURS. (B) INCENTIVES SHALL BE APPLIED FOR USING THE FORMS DEVELOPED AND PROVIDED BY THE AUTHORITY AND SHALL INCLUDE THE VERIFICATION OF PURCHASE OR LEASE BY THE DEALER. (C) ANY REBATES SHALL BE LESS ANY SALES TAX EXEMPTION FOR ELECTRIC VEHICLES AND ZERO EMISSIONS VEHICLES PROVIDED PURSUANT TO PARAGRAPH FORTY-FOUR OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED FIFTEEN OF THE TAX LAW. S 4. This act shall take effect immediately, except that section one of this act shall take effect July 1, 2016. PART FF Section 1. Paragraph (a) of subdivision 4 of section 174 of the navi- gation law, as amended by section 1 of part X of chapter 58 of the laws of 2015, is amended to read as follows: (a) The license fee shall be nine and one-half cents per barrel trans- ferred, UNLESS THE MAJOR FACILITY IS LOCATED WITHIN ONE MILE OF A FACIL- ITY IN AN ADJOINING STATE, WHICH IF SUCH FACILITY IN ANOTHER STATE WAS LOCATED IN THIS STATE WOULD BE A MAJOR FACILITY, THEN SUCH FEE SHALL BE ONE CENT PER BARREL TRANSFERRED, provided, however, that the fee on any barrel, including any products derived therefrom, subject to multiple transfer, shall be imposed only once at the point of first transfer. Provided further, the license fee for major facilities that (i) transfer barrels for their own use, and (ii) do not sell or transfer the product subject to such license fee, shall be eight cents. In each fiscal year following any year in which the balance of the account established by paragraph (a) of subdivision two of section one hundred seventy-nine of this article equals or exceeds forty million dollars, no license fee shall be imposed unless (a) the current balance in such account is less than thirty-five million dollars or (b) pending claims against such S. 6408--B 56 account exceed fifty percent of the existing balance of such account. In the event of either such occurrence and upon certification thereof by the state comptroller, the administrator shall within ten days of the date of such certification reimpose the license fee, which shall take effect on the first day of the month following such relevy. The rate may be set at less than nine and one-half cents per barrel transferred if the administrator determines that the revenue produced by such lower rate shall be sufficient to pay outstanding claims against such account within one year of such imposition of the license fee. Should such account exceed forty million dollars, as a result of interest, the administrator and the commissioner of environmental conservation shall report to the legislature and the governor concerning the options for the use of such interest. The fee established by this paragraph shall not be imposed upon any barrel which is transferred to a land based facility but thereafter exported from this state for use outside the state and is shipped to facilities outside the state regardless of whether the delivery or sale of such petroleum occurs in this state. S 2. Subdivision 4 of section 174 of the navigation law is amended by adding a new paragraph (e) to read as follows: (E) NOTWITHSTANDING PARAGRAPH (D) OF THIS SUBDIVISION, THE SURCHARGE ESTABLISHED BY PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE ONE AND ONE-HALF CENTS PER BARREL FOR ANY BARREL THAT IS TRANSFERRED INTO A MAJOR FACILITY LOCATED WITHIN ONE MILE OF A FACILITY IN AN ADJOINING STATE, WHICH IF SUCH FACILITY IN ANOTHER STATE WAS LOCATED IN THIS STATE WOULD BE A MAJOR FACILITY, AND THEREAFTER EXPORTED FROM THIS STATE FOR USE OUTSIDE THE STATE AS DESCRIBED BY PARAGRAPH (A) OF THIS SUBDIVISION. S 3. This act shall take effect immediately. PART GG Section 1. Paragraph d of subdivision 3 of section 33-0905 of the environmental conservation law, as amended by section 1 of part U of chapter 59 of the laws of 2004, is amended to read as follows: d. Except as provided in [paragraphs] PARAGRAPH e [and f] of this subdivision, pesticide applicator certifications shall be valid for three years after which every applicator shall recertify according to the requirements then in effect. Certification identification cards shall be valid for three years. S 2. Paragraph f of subdivision 3 of section 33-0905 of the environ- mental conservation law is REPEALED. S 3. Subdivision 2 of section 33-0911 of the environmental conserva- tion law, as amended by section 3 of part YY of chapter 59 of the laws of 2009, is amended to read as follows: 2. [a. Except as provided in paragraph b of this subdivision, fees] FEES for pesticide applicator certification shall be four hundred fifty dollars for commercial pesticide applicator certification in one indi- vidual category, one hundred fifty dollars for each additional category and one hundred fifty dollars for each additional sub-category chosen. For private applicators a fee of twenty-five dollars for the initial certified private applicator and five dollars for subsequent applicators on the same farm or business shall be charged at the time of initial certification, renewal of certification or recertification. [b. Fees for pesticide applicator certification for a commercial pesticide applicator with only subcategory 3A-ornamentals, shade trees and turf or only subcategory 3B-turf shall be two hundred dollars.] S. 6408--B 57 S 4. This act shall take effect immediately and shall apply to certif- ications issued on or after such date. PART HH Section 1. Subdivision 4 of section 1 of part SS of chapter 58 of the laws of 2015, relating to requiring the New York state energy research and development authority to develop standards and/or criteria that will encourage and increase issuance of loans to low-to-moderate income households for qualified energy efficiency services, is amended to read as follows: 4. The authority shall continue to offer financing, pursuant to section 1896 of the public authorities law, through the green jobs - green New York program for qualified energy efficiency services to all classes and types of persons and entities which were eligible to apply for the program prior to January 1, 2015 through March 31, [2016] 2017. S 2. This act shall take effect immediately. PART II Section 1. The public service law is amended by adding a new section 65-c to read as follows: S 65-C. EXTENDING NATURAL GAS DELIVERIES TO UNSERVED AND UNDERSERVED AREAS. 1. PETITION. NO LATER THAN JANUARY FIRST, TWO THOUSAND SEVENTEEN, OR SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, WHICHEVER IS LATER, EACH NATURAL GAS DISTRIBUTION COMPANY SHALL FILE A PETITION WITH THE COMMISSIONER PROPOSING A PILOT OR PERMANENT PROGRAM, INCLUDING ANY NECESSARY TARIFFS, TO EXTEND NATURAL GAS DISTRIBUTION SERVICE FOR END-USERS TO UNSERVED OR UNDERSERVED AREAS WITHIN ITS CERTIFICATED SERVICE TERRITORY. 2. PROGRAM REQUIREMENTS. A PROPOSED PROGRAM SHALL INCLUDE: (A) A PROCESS FOR MANAGING AND PRIORITIZING CUSTOMER REQUESTS FROM END-USERS FOR EXTENSIONS OF THE NATURAL GAS DISTRIBUTION SYSTEM; (B) A COST-BENEFIT ANALYSIS TO DETERMINE IF A CUSTOMER CONTRIBUTION IS REQUIRED; (C) A METHOD FOR DETERMINING THE AMOUNT OF A REQUIRED CUSTOMER CONTRIBUTION IN AID OF CONSTRUCTION; (D) A PROGRAM TO ENHANCE THE AFFORDABILITY OF REQUIRED CONTRIBUTIONS IN AID OF CONSTRUCTION TO CUSTOMERS, INCLUDING THE FOLLOWING PROVISIONS: (I) THE PROGRAM SHALL PROVIDE FOR ON-BILL FINANCING FOR A TERM OF NO LESS THAN FIVE YEARS; (II) A CUSTOMER SHALL BE ABLE TO PAY A REQUIRED CUSTOMER CONTRIBUTION IN FULL AT ANY TIME, WITHOUT INCURRING PENALTIES OR FEES; AND (III) THE FORM OF FINANCING MAY INCLUDE A SURCHARGE, THIRD-PARTY FINANCING OR ANY OTHER METHOD OF RECOVERY APPROVED BY THE COMMISSION; (E) A PROVISION OUTLINING WHETHER AND HOW REFUNDS OR CREDITS WILL BE PROVIDED TO CUSTOMERS AS OTHER CUSTOMERS RECEIVE SERVICE FROM A COMPLETED DISTRIBUTION SYSTEM EXTENSION PROJECT; (F) A PROVISION ADDRESSING THE TREATMENT AND ELIGIBILITY OF CUSTOMERS PARTICIPATING IN A CUSTOMER ASSISTANCE PROGRAM WHO REQUEST AND RECEIVE SERVICE FROM A DISTRIBUTION SYSTEM EXTENSION PROJECT; (G) A PROVISION ADDRESSING SITUATIONS WHERE A CUSTOMER FAILS TO PAY A REQUIRED SURCHARGE OR OTHER ON-BILL FINANCING MECHANISM; (H) A CUSTOMER'S NATURAL GAS DISTRIBUTION SERVICE SHALL NOT BE TERMI- NATED SOLELY FOR NONPAYMENT OF A SURCHARGE OR OTHER ON-BILL FINANCING MECHANISM; AND S. 6408--B 58 (I) ANY OTHER PROVISIONS THAT WILL PROMOTE ECONOMIC DISTRIBUTION SYSTEM EXTENSION TO END-USERS IN UNSERVED AND UNDERSERVED AREAS IN A MANNER THAT IS AFFORDABLE TO CUSTOMERS. 3. COMMISSION REVIEW. THE COMMISSION: (A) SHALL REVIEW A PETITION FILED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, AFTER PROVIDING NOTICE AND AN OPPORTUNITY TO BE HEARD AND MAY APPROVE, DISAPPROVE OR MODIFY THE FILING PURSUANT TO ITS PROCEDURAL RULES; (B) MAY ESTABLISH PERIODIC REPORTING REQUIREMENTS TO REVIEW THE PERFORMANCE AND EFFECTIVENESS OF A PROGRAM; AND (C) SHALL NOT REQUIRE A NATURAL GAS DISTRIBUTION COMPANY TO EXTEND ITS DISTRIBUTION SYSTEM TO ANY AREA OR CUSTOMER THAT DOES NOT PROVIDE THE OPPORTUNITY TO EARN A REASONABLE RETURN ON INVESTMENT. S 2. This act shall take effect on the sixtieth day after it shall have become a law. PART JJ Section 1. The state finance law is amended by adding a new section 22-d to read as follows: S 22-D. STATE TRANSPORTATION PLAN. 1. THE COMMISSIONER OF TRANSPORTA- TION SHALL DEVELOP BY OCTOBER FIRST, TWO THOUSAND SIXTEEN A COMPREHEN- SIVE, INTERMODAL, LONG-RANGE TRANSPORTATION PLAN FOR THE STATE. THE PLAN MAY BE DEVELOPED IN MULTIPLE DOCUMENTS THAT ADDRESS LOGICAL COMPONENTS, INCLUDING GEOGRAPHIC AREAS, MODES OF TRANSPORTATION, TRANSPORTATION CORRIDORS, SYSTEMS, AND OTHER DISTINCT SUBJECTS RELEVANT TO TRANSPORTA- TION PLANNING. THE COMPONENTS OF THE PLAN SHALL BE REVISED AS THE COMMISSIONER OF TRANSPORTATION DETERMINES APPROPRIATE BUT SHALL BE REVISED AT LEAST ONCE ANNUALLY BY OCTOBER FIRST OF EACH ENSUING YEAR. IN DEVELOPING AND REVISING THE STATE PLAN, THE COMMISSIONER OF TRANSPORTA- TION SHALL CONFORM TO THE REQUIREMENTS FOR THE ELIGIBILITY AND USE OF FEDERAL AND OTHER FUNDS, AS APPLICABLE. UPON APPROVAL OF EACH COMPONENT OR REVISION OF THE PLAN BY THE COMMISSIONER OF TRANSPORTATION, SUCH COMMISSIONER SHALL TRANSMIT NOTICE OF THE APPROVAL OF THAT COMPONENT TO THE GOVERNOR AND TO THE LEGISLATURE AND MAKE SUCH COMPONENT PUBLICLY AVAILABLE. 2. IN DEVELOPING AND REVISING THE PLAN, THE COMMISSIONER OF TRANSPOR- TATION SHALL SEEK PUBLIC REVIEW AND EVALUATION BY ANY REASONABLE MEANS AND SHALL: (A) CONSULT AND COOPERATE WITH OFFICIALS AND REPRESENTATIVES OF THE FEDERAL GOVERNMENT, OTHER GOVERNMENTS, INTERSTATE COMMISSIONS AND AUTHORITIES, LOCAL AGENCIES AND AUTHORITIES, INTERESTED CORPORATIONS AND OTHER ORGANIZATIONS CONCERNING PROBLEMS AFFECTING TRANSPORTATION IN THE STATE; AND (B) REQUEST FROM AN AGENCY OR OTHER UNIT OF THE STATE GOVERNMENT OR OF A POLITICAL SUBDIVISION OF IT, OR FROM A PUBLIC AUTHORITY, THE ASSIST- ANCE AND DATA THAT MAY BE NECESSARY TO ENABLE THE COMMISSIONER OF TRANS- PORTATION TO CARRY OUT RESPONSIBILITIES UNDER THIS SECTION; AND EVERY SUCH ENTITY SHALL PROVIDE THE ASSISTANCE AND DATA REQUESTED. 3. COPIES OF THE PLAN, ORIGINAL AND AS REVISED, IN ADDITION TO BEING MADE AVAILABLE ONLINE SHALL BE KEPT ON FILE AS A PUBLIC DOCUMENT IN THE OFFICE OF THE COMMISSIONER OF TRANSPORTATION AND AT EACH REGIONAL OFFICE OF THE DEPARTMENT. 4. THE COMMISSIONER OF TRANSPORTATION SHALL ANNUALLY DEVELOP AND SUBMIT TO THE GOVERNOR AND LEGISLATURE, BY OCTOBER THIRTIETH OF EACH YEAR, A LIST OF PROJECTS SCHEDULED FOR DESIGN, CONSTRUCTION, OR OTHER S. 6408--B 59 NECESSARY ACTIVITIES FOR A PERIOD OF NOT LESS THAN FIVE YEARS THAT IS CONSISTENT WITH THE PLAN DEVELOPED UNDER SUBDIVISION ONE OF THIS SECTION. THE LIST OF PROJECTS IS IN ADDITION TO THE LONG-RANGE PLAN REQUIRED BY SUBDIVISION ONE OF THIS SECTION. THE LIST OF PROJECTS MUST INCLUDE AN ESTIMATE OF FEDERAL, STATE, AND OTHER FUNDS ANTICIPATED TO BE RECEIVED TO FUND EACH PROJECT; A DESCRIPTION, LOCATION, AND ITEMIZATION OF THE ESTIMATED COST FOR EACH PROJECT; AND A DISBURSEMENT SCHEDULE OF COSTS OVER EACH PROJECT'S LIFE. PROJECT LISTING INFORMATION RELATED TO COST AND DISBURSEMENT SCHEDULE SHALL BE PUBLICLY AVAILABLE FOR DOWNLOAD INTO AN EXCEL FILE FORMAT. 5. THE LIST OF PROJECTS AND PROJECT INFORMATION ANNUALLY DEVELOPED UNDER SUBDIVISION FOUR OF THIS SECTION SHALL BE UPDATED TO REFLECT THE EXECUTIVE PROPOSED BUDGET AND SUBMITTED CONCURRENTLY WITH THE EXECUTIVE BUDGET, IN ADDITION TO THE INFORMATION REQUIRED BY SECTIONS TWENTY-TWO AND TWENTY-TWO-C OF THIS ARTICLE. SUCH LIST OF PROJECTS AND ANY PROJECT LISTING REVISIONS REFLECTED WITHIN THE ENACTED EXECUTIVE BUDGET SHALL BE SUBJECT TO A MEMORANDUM OF UNDERSTANDING TO BE SIGNED BY THE GOVERNOR AND LEGISLATIVE LEADERS OF THE SENATE AND ASSEMBLY. PRIOR TO DISBURSE- MENT OF ANY FUNDS FOR THE CAPITAL AND FINANCING PLAN FOR THE DEPARTMENT OF TRANSPORTATION REQUIRED BY SUBDIVISION ONE OF THIS SECTION OR FOR THE DEPARTMENT'S CAPITAL EXPENDITURES, THE MEMORANDUM OF UNDERSTANDING MUST BE SIGNED BY THE GOVERNOR AND THE LEGISLATIVE LEADERS OF THE SENATE AND ASSEMBLY. 6. IN EVALUATING NEW HIGHWAYS, BRIDGES, AIRPORTS, TERMINALS, FERRIES, AND OTHER MAJOR COMPONENTS FOR INCLUSION IN THE PLAN, THE COMMISSIONER OF TRANSPORTATION SHALL PREPARE A COST-EFFECTIVENESS ANALYSIS USING A CONSISTENT METHODOLOGY. A COST-EFFECTIVENESS ANALYSIS IS NOT REQUIRED FOR A PROJECT THAT INVOLVES THE REHABILITATION AND MAINTENANCE OF AN EXISTING TRANSPORTATION SYSTEM OR THAT PRIMARILY SERVES LOCAL TRANSPOR- TATION NEEDS. S 2. This act shall take effect immediately. PART KK Section 1. The public authorities law is amended by adding a new section 553-j to read as follows: S 553-J. VERRAZANO-NARROWS BRIDGE; TOLL DISCOUNTS. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, THE SAME ELECTRONIC TOLL COLLECTION DISCOUNT PROGRAMS THAT EXIST FOR REGISTERED VEHICLES TO RESIDENTS OF THE COUNTY OF RICHMOND AT THE VERRAZANO-NARROWS BRIDGE, WHERE TOLLS ARE COLLECTED IN THE STATEN ISLAND-BOUND DIRECTION, SHALL BE PROVIDED TO RESIDENTS OF THE COUNTY OF KINGS WHO RESIDE WITHIN ANY ZIP CODE WITHIN SIX MILES OF THE ANCHORAGE ON THE BROOKLYN SIDE OF THE VERRAZANO-NARROWS BRIDGE. TOLL DISCOUNTS WILL BE PROVIDED IN ACCORDANCE WITH PROCEDURES AND UNDER SUCH TERMS AND CONDITIONS AS FROM TIME TO TIME MAY BE PRESCRIBED BY THE AUTHORITY. SUCH PROCEDURES AND TERMS MAY PRESCRIBE AND REQUIRE MINIMUM TRIP USAGE, MINIMUM PURCHASE, MINIMUM DEPOSITS AND/OR ADMINISTRATIVE SERVICE FEES ON ACCOUNTS OR EQUIPMENT. APPLICATION AND REGISTRATION FOR ANY PROGRAM AND PAYMENT DEVICES SHALL BE MADE IN SUCH MANNER AS PRESCRIBED BY THE AUTHORITY AND SHALL CONTAIN SUCH INFORMATION AS THE AUTHORITY MAY REASONABLY REQUIRE. THE METROPOLITAN TRANSPORTATION AUTHORITY SHALL PAY ONE HUNDRED PERCENT OF THE COSTS RELATED TO THE IMPLEMENTATION AND OPERATION OF THIS SECTION. S 2. This act shall take effect immediately. PART LL S. 6408--B 60 Section 1. The opening paragraph of section 2231 of the vehicle and traffic law is designated subdivision 1 and a new subdivision 2 is added to read as follows: 2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, THE COMMISSIONER SHALL ALSO DEPOSIT FIVE DOLLARS OF THE FEES COLLECTED PURSUANT TO PARA- GRAPHS (A), (B) AND (C) OF SUBDIVISION FOUR OF SECTION TWO THOUSAND TWO HUNDRED TWENTY-TWO OF THIS ARTICLE, TO THE CREDIT OF THE SNOWMOBILE TRAIL DEVELOPMENT AND MAINTENANCE FUND. S 2. This act shall take effect April 1, 2016. PART MM Section 1. Intentionally omitted. S 2. Subparagraphs (a) and (b) of paragraph 1 of subdivision (c) of section 301 of the vehicle and traffic law, subparagraph (a) as amended by section 5 of part V1 of chapter 62 of the laws of 2003 and subpara- graph (b) as added by chapter 161 of the laws of 1996, are amended and a new subparagraph (c) is added to read as follows: (a) A safety inspection shall be made with respect to the brakes; steering mechanism; wheel alignment; lights, including but not limited to the lights which are designed and placed on a vehicle for the purpose of illuminating the vehicle's license plates; odometer; tire pressure; seat safety belts; shoulder harness safety belts; ANY WINDOW WHICH IS COMPOSED OF, COVERED BY OR TREATED WITH ANY MATERIAL WHICH HAS A LIGHT TRANSMITTANCE OF LESS THAN SEVENTY PERCENT PURSUANT TO SECTION THREE HUNDRED SEVENTY-FIVE OF THIS TITLE; and such other mechanisms and equip- ment as shall be determined by the commissioner to be necessary for proper and safe operations. Such inspection shall also be made with respect to vehicle identification number. Upon inspection, the mileage appearing on the odometer shall be recorded upon the inspection sticker. (b) In the case of any passenger car manufactured on or after Septem- ber first, nineteen hundred ninety-seven, [during the course of the vehicle safety inspection, the readiness of] A SAFETY INSPECTION SHALL BE MADE WITH RESPECT TO the inflatable restraint system, by means of the readiness indicator, shall be noted on the invoice supplied to the consumer. The system's lack of readiness shall [not] be considered grounds for the vehicle to fail the safety inspection provided for in subparagraph (a) of this paragraph. (C) IN THE CASE OF ANY PASSENGER CAR MANUFACTURED ON OR AFTER SEPTEM- BER FIRST, TWO THOUSAND ELEVEN, A SAFETY INSPECTION SHALL BE MADE WITH RESPECT TO THE ANTILOCK BRAKE SYSTEM (ABS). ANY FAILURE OF THE SYSTEM SHALL BE CONSIDERED GROUNDS FOR THE VEHICLE TO FAIL THE SAFETY INSPECTION PROVIDED FOR IN SUBPARAGRAPH (A) OF THIS PARAGRAPH. S 3. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however that effective immediate- ly, the addition, amendment and/or repeal of any rules or regulations necessary for the implementation of the foregoing provisions of this act on its effective date are authorized and directed to be made and completed on or before such effective date. PART NN Section 1. Section 1 of chapter 882 of the laws of 1953, constituting the waterfront commission act is amended by adding a new article VII-A to read as follows: S. 6408--B 61 ARTICLE VII-A CARGO FACILITY CHARGES 1. AS USED IN THIS ARTICLE: (A) "BILL OF LADING" MEANS A DOCUMENT EVIDENCING THE RECEIPT OF GOODS FOR SHIPMENT ISSUED BY A PERSON ENGAGED IN THE BUSINESS OF TRANSPORTING OR FORWARDING GOODS. (B) "CARGO FACILITY CHARGE" MEANS ANY FEE APPLICABLE TO CARGO AND CARGO CONTAINERS DISCHARGED FROM, OR LOADED ONTO, VESSELS AT ANY MARINE FACILITY OWNED OR OPERATED BY THE PORT AUTHORITY. (C) "CARRIER" MEANS A CARRIER AS THAT TERM IS DEFINED IN 49 U.S.C. S. 13102. (D) "CONTAINER" MEANS 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 AN OCEAN COMMON CARRIER. (E) "MARINE TERMINAL OPERATOR" MEANS ANY PERSON, CORPORATION, PARTNER- SHIP, OR ANY BUSINESS ORGANIZATION WHICH SHALL OPERATE AND MAINTAIN ANY OF THE MARINE TERMINALS ESTABLISHED, ACQUIRED, CONSTRUCTED, REHABILI- TATED, OR IMPROVED BY THE PORT AUTHORITY BY MEANS OF AND THROUGH LEASING AGREEMENTS ENTERED INTO BY ANY SUCH PERSON, CORPORATION, PARTNERSHIP, OR ANY BUSINESS ORGANIZATION WITH THE PORT AUTHORITY. (F) "OCEAN COMMON CARRIER" MEANS AN OCEAN COMMON CARRIER AS THAT TERM IS DEFINED IN 46 U.S.C. S.40102. (G) "RAIL CARRIER" MEANS A RAIL CARRIER AS THAT TERM IS DEFINED IN 49 U.S.C. S. 10102. (H) "TARIFF" MEANS A MARINE TERMINAL OPERATOR SCHEDULE AS THAT TERM IS DEFINED IN 46 C.F.R. 525.2. (I) "USER" MEANS: (1) ANY PERSON, COMPANY, OR OTHER ENTITY THAT IS NAMED AS THE SHIPPER OR CONSIGNEE ON THE OCEAN COMMON CARRIER BILL OF LADING ISSUED FOR EXPORT OR IMPORT CARGO, OR ANY PERSON OWNING OR ENTITLED TO THE POSSESSION, OR HAVING A PAST OR FUTURE INTEREST IN, THE EXPORT OR IMPORT CARGO; (2) IN THE CASE OF NEGOTIABLE BILLS OF LADING, ANY OTHER PERSON, COMPANY, OR OTHER ENTITY THAT IS A BONA FIDE HOLDER OF THE BILL OF LADING OR WHO IS ENTITLED TO RECEIVE DELIVERY OF EXPORT CARGO OR IMPORT CARGO; OR (3) ANY OTHER BAILOR OF EXPORT OR IMPORT CARGO. 2. NOTWITHSTANDING ANY LAW, RULE, REGULATION, OR EXISTING TARIFF TO THE CONTRARY, THE PORT AUTHORITY SHALL NOT ASSESS A USER, OCEAN COMMON CARRIER, MARINE TERMINAL OPERATOR, CARRIER, OR RAIL CARRIER A CARGO FACILITY CHARGE ON IMPORT AND EXPORT CARGO LEAVING ANY MARINE FACILITY OWNED OR OPERATED BY THE PORT AUTHORITY, EXCEPT THAT THE PORT AUTHORITY MAY ASSESS A USER, OCEAN COMMON CARRIER, MARINE TERMINAL OPERATOR, CARRIER, OR RAIL CARRIER A CARGO FACILITY CHARGE UPON WRITTEN MUTUAL AGREEMENT BETWEEN THE USER, OCEAN COMMON CARRIER, MARINE TERMINAL OPERA- TOR, CARRIER, OR RAIL CARRIER AND THE PORT AUTHORITY. S 2. 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, but if the state of New Jersey shall have already enacted such legislation, then it shall take effect immediately; and provided that the waterfront commission shall notify the legislative bill drafting commission upon the occurrence of the enactment of the legislation provided for in section one of this act in order that the commission may maintain an accurate and timely effective data base of the official text of laws of the state of New York in furtherance of effecting the S. 6408--B 62 provisions of section 44 of the legislative law and section 70-b of the public officers law. PART OO Section 1. Legislative intent. The legislature hereby declares that drivers in the state who have reached the point of revocation for traf- fic violations have proven themselves to be problem drivers. In order to provide meaningful safeguards for the general public who are users of the highways, it is determined that additional training is needed for these problem drivers. For this reason, the legislature directs the department of motor vehicles to implement a five-year driver retraining pilot program, requiring those drivers who have reached the point of revocation, in relevant instances, to complete a behavioral-based retraining course to force a change in the attitude and driving habits of problem drivers in order to have their license reinstated. S 2. Subdivision 5 of section 510 of the vehicle and traffic law, as amended by chapter 183 of the laws of 1988, is amended to read as follows: 5. Restoration. A [license or] registration may be restored by direc- tion of the commissioner but not otherwise. A LICENSE MAY BE RESTORED BY DIRECTION OF THE COMMISSIONER BUT NOT OTHERWISE; IN ADDITION, THE COMPLETION OF A DRIVER RETRAINING PROGRAM AS DESCRIBED IN ARTICLE TWELVE-D OF THIS CHAPTER IN ACCORDANCE WITH SUBDIVISION FIVE-A OF THIS SECTION SHALL BE REQUIRED FOR THE RESTORATION OF A LICENSE FROM REVOCA- TION IN ACCORDANCE WITH PARAGRAPHS A AND C OF SUBDIVISION TWO, SUBDIVI- SION TWO-A, AND SUBDIVISION THREE OF THIS SECTION, WITH THE EXCEPTION OF SUBPARAGRAPHS (II) AND (III) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION. Reversal on appeal, of any conviction because of which any license or registration has been revoked or suspended, shall entitle the holder to restoration thereof forthwith. The privileges of a non-resi- dent may be restored by direction of the commissioner in his discretion but not otherwise. S 3. Section 510 of the vehicle and traffic law is amended by adding a new subdivision 5-a to read as follows: 5-A. DRIVER RETRAINING REQUIRED. A LICENSE REVOKED IN ACCORDANCE WITH PARAGRAPHS A AND C OF SUBDIVISION TWO, SUBDIVISION TWO-A, AND SUBDIVI- SION THREE OF THIS SECTION, WITH THE EXCEPTION OF SUBPARAGRAPHS (II) AND (III) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, MAY BE REIN- STATED, RESTORED, OR REISSUED ONLY UPON COMPLETION OF A DRIVER RETRAIN- ING COURSE AS DESCRIBED IN ARTICLE TWELVE-D OF THIS CHAPTER IN ADDITION TO THE REQUIREMENTS OF THIS SECTION. UPON COMPLETION OF THE DRIVER RETRAINING COURSE, THE VENDOR OF THE COURSE SHALL NOTIFY THE DEPARTMENT OF SUCH COMPLETION AT WHICH POINT THE LICENSE APPLICANT MAY APPLY FOR REINSTATEMENT, RESTORATION, OR REISSUANCE OF LICENSE. S 4. The vehicle and traffic law is amended by adding a new article 12-D to read as follows: ARTICLE 12-D BEHAVIORAL-BASED DRIVER RETRAINING PROGRAM SECTION 399-P. STATEMENT OF PURPOSE. 399-Q. DEFINITIONS. 399-R. COURSE APPROVAL BY THE COMMISSIONER. 399-S. APPLICATION FOR COURSE APPROVAL. 399-T. STANDARDS FOR COURSE APPROVAL. 399-U. MONITORING RETRAINED DRIVERS AND PROOF OF EFFECTIVENESS. 399-V. DEPLOYMENT OF PROGRAM. S. 6408--B 63 399-W. INFORMATION TO THE VENDOR. 399-X. NOTIFICATIONS OF DRIVERS. 399-Y. FEE. 399-Z. REGULATIONS. 399-AA. REPORT. 399-BB. REAPPROVAL OF DRIVER RETRAINING COURSES. S 399-P. STATEMENT OF PURPOSE. THE PURPOSES OF THIS ARTICLE ARE TO FURTHER HIGHWAY SAFETY BY ESTABLISHING A PROGRAM OF HIGH QUALITY AND EFFECTIVE BEHAVIORAL-BASED DRIVER RETRAINING TO REHABILITATE PROBLEM DRIVERS, AS DEFINED IN THIS ARTICLE, THROUGH THE USE OF EDUCATION AND EXPLANATION. A BEHAVIORAL-BASED DRIVER RETRAINING PROGRAM MUST INFLUENCE AND CHALLENGE PARTICIPANTS TO CHANGE THEIR BEHIND-THE-WHEEL BEHAVIORS AND ATTITUDES SO THEY WILL CHOOSE TO DRIVE SAFELY, RESPONSIBLY, RESPECT- FULLY, AND LAWFULLY AND PROVIDE PARTICIPANTS WITH THE KNOWLEDGE, SKILLS, AND TECHNIQUES TO IMPROVE THEIR DRIVING-RELATED CHOICES, AND THEREBY AVOID COLLISIONS AND DECREASE FUTURE VIOLATIONS. THESE PURPOSES WILL BE ACCOMPLISHED BY ESTABLISHING STRICT CRITERIA FOR INITIAL AND CONTINUAL COURSE SPONSORSHIP APPROVAL. S 399-Q. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING DEFINITIONS: 1. "PROBLEM DRIVER" SHALL MEAN A DRIVER THAT HAS REACHED THE POINT OF REVOCATION OF LICENSE, DUE TO TRAFFIC INFRACTIONS, DEMONSTRATING HE OR SHE IS AN UNUSUAL OR IMMEDIATE RISK UPON THE HIGHWAYS. 2. "VENDOR" SHALL MEAN A NOT-FOR-PROFIT ORGANIZATION WHICH IMPLEMENTS THE PROGRAM AND DESIGNS, PROVIDES, CONDUCTS, AND AUDITS A BEHAVIORAL-BASED DRIVER RETRAINING PROGRAM APPROVED BY THE COMMISSIONER. 3. "INSTRUCTOR" SHALL MEAN AN INDIVIDUAL EMPLOYED BY A VENDOR TO TEACH AN APPROVED DRIVER RETRAINING COURSE. 4. "DRIVER RETRAINING COURSE" OR "COURSE" SHALL MEAN THE CLASSROOM-BASED BEHAVIORAL-BASED DRIVER RETRAINING COURSE CURRICULUM WHICH HAS BEEN APPROVED BY THE COMMISSIONER. 5. "COMPLETION CERTIFICATE" SHALL MEAN A DOCUMENT WHICH CANNOT BE ALTERED AND WHICH IS PROVIDED TO THE STUDENT WHO SUCCESSFULLY COMPLETES THE DRIVER RETRAINING COURSE. S 399-R. COURSE APPROVAL BY THE COMMISSIONER. THE COMMISSIONER SHALL APPROVE A DRIVER RETRAINING COURSE BEFORE ANY PERSON ATTENDING AND SUCCESSFULLY COMPLETING SUCH COURSE MAY QUALIFY TO RECEIVE MANDATORY REINSTATEMENT, RESTORATION, OR REISSUANCE OF A LICENSE IN ACCORDANCE WITH THIS ARTICLE AND SECTION FIVE HUNDRED TEN OF THIS CHAPTER. THE COMMISSIONER SHALL BASE THE DECISION TO APPROVE A COURSE UPON THE REQUIREMENTS SET FORTH IN THIS ARTICLE AND ANY ADDITIONAL REQUIREMENTS AS THE COMMISSIONER DEEMS NECESSARY. S 399-S. APPLICATION FOR COURSE APPROVAL. 1. A VENDOR SEEKING APPROVAL AS A BEHAVIORAL-BASED DRIVER RETRAINING COURSE SHALL APPLY TO THE COMMISSIONER FOR APPROVAL. SUCH APPLICATIONS SHALL BE MADE IN WRITING AND ON FORMS PRESCRIBED BY THE COMMISSIONER. THE APPLICATION SHALL INCLUDE AT A MINIMUM: (A) THE TITLE OR NAME OF THE COURSE; (B) THE NAME OF THE VENDOR SUBMITTING THE APPLICATION; (C) A PROFILE OF THE VENDOR'S OPERATIONS, QUALIFICATIONS, AND ORGAN- IZATIONAL CAPABILITIES INCLUDING: (I) A DETAILED DESCRIPTION OF ITS RESOURCES AND EXPERIENCE RELEVANT TO THE REQUIREMENTS TO DELIVER THIS PROGRAM. (II) A NARRATIVE ON HOW AND WHY ITS ORGANIZATION IS CAPABLE OF MEETING THE NEEDS RELEVANT TO THE DELIVERY OF THIS PROGRAM. S. 6408--B 64 (III) AT LEAST THREE CLIENT REFERENCES, INCLUDING NAME, ADDRESS, CONTACT PERSON, TELEPHONE NUMBER, MONTHS AND YEARS OF SERVICE, AND A DESCRIPTION OF THE SERVICES THAT THE VENDOR PROVIDED TO THE CLIENT; (D) EVIDENCE OF FINANCIAL STABILITY IN THE FORM OF AUDITED FINANCIAL STATEMENTS FOR THE MOST RECENT FINANCIAL YEAR OF THE VENDOR FOR WHICH STATEMENTS ARE AVAILABLE INCLUDING: (I) STATEMENTS WHICH DEMONSTRATE THAT THE VENDOR'S ORGANIZATION IS IN SOUND FINANCIAL CONDITION, OR THAT APPROPRIATE CORRECTIVE ACTION IS BEING TAKEN TO RESOLVE ALL IDENTIFIED FINANCIAL PROBLEMS. (II) IF STATEMENTS ARE NOT AVAILABLE FOR THE LAST FISCAL YEAR, THEN THE VENDOR MAY PROVIDE A PRO FORMA STATEMENT OF THEIR MOST RECENT FILINGS. IF THE VENDOR IS A PRIVATELY HELD ENTITY THAT DOES NOT WISH TO SUBMIT ITS BALANCE SHEETS AND REVENUE STATEMENTS, IT SHALL DEMONSTRATE TO THE SATISFACTION OF THE COMMISSIONER THAT IT IS A FINANCIALLY STABLE ORGANIZATION. (III) ALTERNATIVE INFORMATION WHICH MAY BE SUBMITTED INCLUDES, BUT IS NOT LIMITED TO: NUMBER OF EMPLOYEES, SIZE OF CUSTOMER BASE, NAME OF BANK, NAME OF LAW FIRM, NAME OF ACCOUNTING FIRM, RATE OF GROWTH, APPROX- IMATE ASSETS AND LIABILITIES. (IV) ADDITIONAL INFORMATION AS THE COMMISSIONER DEEMS NECESSARY; (E) PROOF OF CURRICULUM OWNERSHIP; (F) A SAMPLE PROGRAM CURRICULUM; (G) PROOF OF COURSE EFFECTIVENESS AS REQUIRED IN SUBDIVISION TWO OF SECTION THREE HUNDRED NINETY-NINE-U OF THIS ARTICLE; (H) PROOF OF EXPERIENCE ELECTRONICALLY REGISTERING, SCHEDULING AND MAINTAINING RECORDS FOR ALL PARTICIPANTS IN A MULTI-SITE TRAINING PROGRAM; (I) THE NAMES AND ADDRESSES OF ALL OWNERS, OFFICERS, AND DIRECTORS OF THE AGENCY OR ORGANIZATION; (J) STATEMENT CERTIFYING THAT THE VENDOR CAN PROVIDE THE PERSONNEL SUFFICIENT TO DELIVERY OF THE PROGRAM STATEWIDE THROUGH THE TERM OF THE CONTRACT AND HOW THIS COMMITMENT WILL BE MET; AND (K) SUCH OTHER INFORMATION OR MATERIAL AS THE COMMISSIONER MAY PRESCRIBE. AN APPLICATION SHALL NOT BE CONSIDERED TO BE COMPLETE UNTIL ALL INFORMATION AND MATERIAL REQUIRED BY THIS CHAPTER AND BY REGULATION OF THE COMMISSIONER HAS BEEN SUBMITTED. 2. THE COMMISSIONER SHALL EITHER APPROVE OR DENY AN APPLICATION FOR COURSE APPROVAL NO LATER THAN NINETY DAYS FOLLOWING SUBMISSION OF A COMPLETED APPLICATION. S 399-T. STANDARDS FOR COURSE APPROVAL. 1. COURSE APPROVAL. TO BE APPROVED, A VENDOR MUST: (A) PROVIDE A CURRICULUM IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION THAT INCLUDES AT LEAST FOUR HUNDRED THIRTY MINUTES OF INSTRUC- TION WITH A CERTIFIED INSTRUCTOR PRESENT PRESENTED IN A SINGLE DAY OR A TWO DAY SESSION. NOTHING IN THIS SECTION SHALL PREVENT THE USE OF AUDIO/VISUAL AIDS AS PART OF THE COURSE PRESENTATION PRESCRIBED BY THE COMMISSIONER. (B) HAVE PROVIDED THE COURSE FOR AT LEAST TEN YEARS PRIOR TO THE SUBMISSION OF AN APPLICATION. (C) HAVE ADMINISTERED DRIVER RETRAINING ON A LARGE VOLUME BASIS IN A CLASS ROOM ENVIRONMENT TO A MINIMUM OF AT LEAST FIFTY THOUSAND PERSONS IN A CALENDAR YEAR. (D) PROVIDE A DESCRIPTION OF THE MINIMUM QUALIFICATIONS OF ALL MANAG- ERS AND INSTRUCTORS WHO WILL BE HIRED BY THE APPLICANT. (E) PROVIDE EACH INSTRUCTOR WITH AN INSTRUCTOR'S MANUAL AND PROVIDE STUDENT WORKBOOKS AND/OR MANUALS FOR EACH COURSE PARTICIPANT. S. 6408--B 65 (F) PROVIDE PROOF OF EFFECTIVENESS PURSUANT TO SECTION THREE HUNDRED NINETY-NINE-U OF THIS ARTICLE. 2. CURRICULUM. TO BE APPROVED, THE CURRICULUM OF THE DRIVER RETRAINING COURSE PROVIDED FOR IN THIS ARTICLE SHALL INCLUDE AT LEAST THE FOLLOW- ING: (A) PROVEN EDUCATIONAL OR PSYCHOLOGICAL PRINCIPALS/METHODOLOGIES SUCH AS DR. WILLIAM GLASSER'S "CHOICE THEORY" AS IT RELATES TO BEHIND-THE-WHEEL DRIVING BEHAVIOR; (B) WHY DRIVERS DO OR DO NOT CHOOSE TO OBEY TRAFFIC LAWS WITH THE PRIMARY FOCUS ON BEHAVIORS RATHER THAN EXCUSES; (C) FOUR COMPONENTS OF HUMAN BEHAVIOR - DOING, THINKING, FEELING AND PHYSIOLOGY AND THE CONNECTION BETWEEN THE CONCEPTS OF NEEDS AND WANTS TO BEHAVIORS AND THE HUMAN ABILITY TO CHOOSE BEHAVIORS. (D) ADDITIONAL PROBLEM DRIVER BEHAVIORS INCLUDING, BUT NOT LIMITED TO: HAZARDS ASSOCIATED WITH PRESCRIPTIVE AND OVER-THE-COUNTER DRUGS, INCLUD- ING SYNERGISM; IMPACTS OF DRIVING WITH EXCESSIVE SPEED; IMPACTS OF RIGHT-OF-WAY VIOLATIONS; DANGERS OF DISTRACTED DRIVING; PROPER PASSING AND FOLLOWING DISTANCES; AGGRESSIVE DRIVING BEHAVIORS; AND HOW FATIGUE CAN AFFECT DRIVING BEHAVIOR. 3. SCHEDULES AND FACILITIES. (A) VENDOR SHALL SET AND ADHERE TO PUBLISHED SCHEDULES OF TRAINING CLASSES AT DESIGNATED PLACES, DATES AND TIMES. VENDOR SHALL SUBMIT TRAINING CLASS SCHEDULE AND LOCATIONS TO THE COMMISSIONER QUARTERLY. (B) VENDOR SHALL OFFER CLASSES AT LOCATIONS THROUGHOUT THE STATE. (C) VENDOR SHALL OFFER A VARIETY OF NIGHT AND WEEKEND COURSES. (D) VENDOR SHALL BE RESPONSIBLE FOR SECURING, AND/OR OBTAINING PERMIS- SION FOR THE USE OF APPROPRIATE CLASSROOM TEACHING FACILITIES USED FOR RE-TRAINING PROGRAMS. (E) VENDOR SHALL BE RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH THE USE OF SUCH FACILITIES, INCLUDING, BUT NOT LIMITED TO, RENT, LIGHTS, HEAT AND INSURANCE, AND NO REIMBURSEMENT OR INDEMNIFICATION FOR SUCH COSTS WILL BE PROVIDED BY THE COMMISSIONER. (F) VENDOR SHALL ASSURE THAT THE FACILITIES AND PROGRAM ELEMENTS FOR RETRAINING PROBLEM DRIVERS ARE ACCESSIBLE TO DRIVERS WITH PHYSICAL DISA- BILITIES AND IN COMPLIANCE WITH THE REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT OF 1990. (G) VENDOR SHALL AGREE THAT THE COMMISSIONER RESERVES THE RIGHT TO REJECT, AT ANY TIME, THE USE OF ANY FACILITY HE OR SHE DEEMS UNFIT FOR CLASSROOM INSTRUCTION OR GEOGRAPHICALLY INCONVENIENT FOR THE REGIS- TRANTS. 4. BUSINESS OFFICE AND TELEPHONE. (A) VENDOR SHALL MAINTAIN A BUSINESS OFFICE IN THE STATE WHICH SHALL BE STAFFED MONDAY THROUGH FRIDAY, BETWEEN THE HOURS OF 9:00 AM AND 5:00 PM, TO PROVIDE THE ADMINISTRATIVE SUPPORT NECESSARY FOR SUCCESSFULLY MAINTAINING THE PROGRAM. (B) VENDOR SHALL AGREE TO PROVIDE A TOLL-FREE TELEPHONE EXCHANGE SERVICE NUMBER FOR PROGRAM REGISTRATION USE. (C) VENDOR SHALL AGREE TO PROVIDE A WEBSITE FOR PROGRAM INFORMATION AND REGISTRATION USE. 5. METHOD OF INSTRUCTION. (A) VENDOR SHALL AGREE TO DESIGN A CURRIC- ULUM BASED UPON THE THEORY THAT INDUCING POSITIVE CHANGES IN ATTITUDE AND DRIVING BEHAVIOR OF A PERSON WHO HAS BEEN IDENTIFIED AS A PROBLEM DRIVER, AS DEFINED IN THIS ARTICLE, IS A PROVEN METHOD OF SUCCESSFUL DRIVER RETRAINING. (B) VENDOR SHALL HAVE EXPERIENCE IN DESIGNING AND IMPLEMENTING A CURRICULUM BASED UPON PROVEN EDUCATIONAL OR PSYCHOLOGICAL PRINCIPLES, WHICH MAY INCLUDE, BUT NOT BE LIMITED TO, METHODOLOGIES SUCH AS DR. S. 6408--B 66 WILLIAM GLASSER'S "CHOICE THEORY." WHILE THE COMMISSIONER MAY CONSIDER DIFFERENT EDUCATIONAL APPROACHES BASED UPON THE OBJECTIVE MERITS OF EACH, IT IS ESSENTIAL THAT ANY PROPOSED CURRICULUM BE GUIDED BY A CLEAR AND CONSISTENT EDUCATIONAL PHILOSOPHY. THE EFFECTIVENESS OF THAT PHILOS- OPHY IN MODIFYING THE TYPES OF BEHAVIOR THAT MAY LEAD TO THE NEED FOR DRIVER RETRAINING SHALL BE CLEARLY DEMONSTRATED. (C) THE CURRICULUM SHALL INCLUDE DIFFERENT FORMS OF MEDIA TO ADDRESS A DIVERSE COMMUNITY. THE TRAINING SHALL INCLUDE VIDEOS OF DIFFERENT STYLES OF DRIVING AGGRESSIONS AND WAYS TO DEFUSE THESE AGGRESSIONS. (D) THE PROPOSED CURRICULUM SHALL ENCOURAGE THE PROBLEM DRIVER TO EXPLORE AND UNDERSTAND HIS OR HER OWN ATTITUDES IN VARIOUS DRIVING SITU- ATIONS AND TO ALSO UNDERSTAND THE BEHAVIORAL DRIVING CHARACTERISTICS THAT HAVE RESULTED IN THE DRIVER'S POOR DRIVING RECORD. THE PROPOSED PROGRAM SHALL TEACH THE PROBLEM DRIVER THAT POOR BEHAVIORAL CHOICES MADE BEHIND THE WHEEL OFTEN RESULT IN UNINTENDED CONSEQUENCES, INCLUDING MOTOR VEHICLE VIOLATIONS, OR ACCIDENTS, AND THAT THE DRIVER SHALL APPRE- CIATE THE RESPONSIBILITY PLACED UPON EACH DRIVER TO CONFORM HIS OR HER DRIVING CONDUCT FOR THE BENEFIT OF OTHER MOTORISTS, PEDESTRIANS, AND THEMSELVES. TRAINING SHALL BE HIGHLY INTERACTIVE, ENGAGING AND TAKE ADVANTAGE OF VARIOUS FORMS OF MEDIA. CLASSES SHALL MAINTAIN AN APPROPRI- ATE STUDENT TO INSTRUCTOR RATIO. 6. OUT-OF-STATE DRIVERS AND OUT-OF-STATE PROGRAMS. (A) WHEN THE COMMISSIONER IDENTIFIES AN OUT-OF-STATE DRIVER AS A PROBLEM DRIVER, AS DEFINED IN THIS ARTICLE, THE VENDOR SHALL NOTIFY THE DRIVER OF THE AVAILABILITY OF THE COURSE IN NEW YORK STATE USING THE SAME MEANS OF NOTIFICATION FOR IN-STATE PROBLEM DRIVERS. VENDOR SHALL ALSO NOTIFY THE OUT-OF-STATE DRIVER OF THE NAME AND LOCATION OF SIMILAR PROGRAMS IN THE DRIVER'S HOME STATE, WHICH MAY QUALIFY FOR RECOGNITION BY THE COMMIS- SIONER. (B) VENDOR SHALL ASSIST THE COMMISSIONER IN DETERMINING WHICH OUT-OF- STATE PROGRAMS MEET THE CRITERIA ESTABLISHED IN THE STATE FOR A DRIVER RETRAINING PROGRAM. (C) VENDOR SHALL COORDINATE WITH QUALIFIED PROGRAMS TO RECEIVE AND DISSEMINATE INFORMATION AND REFERRALS ABOUT PROBLEM DRIVERS AND ABOUT THE RETRAINING PROGRAMS. (D) IF A QUALIFIED OUT-OF-STATE PROGRAM NOTIFIES THE VENDOR OF THE SUCCESSFUL COMPLETION OF THE PROGRAM BY AN INDIVIDUAL PROBLEM DRIVER REFERRED FROM THE COMMISSIONER, THE VENDOR SHALL ELECTRONICALLY NOTIFY THE COMMISSIONER OF SUCH COMPLETION. 7. ELECTRONIC COMMUNICATION. (A) VENDOR SHALL AGREE THAT IT POSSESSES OR WILL OBTAIN COMPUTER HARDWARE/SOFTWARE THAT IS COMPATIBLE WITH THE HARDWARE/SOFTWARE OF THE DEPARTMENT TO ALLOW THE VENDOR AND THE DEPART- MENT TO EXCHANGE INFORMATION DIRECTLY INTO EACH OTHER'S COMPUTER SYSTEMS AS REQUIRED. (B) VENDOR SHALL AGREE THAT THE DEPARTMENT WILL ELECTRONICALLY NOTIFY THE VENDOR OF THE NAMES AND ADDRESSES OF THE PROBLEM DRIVERS REQUIRING RETRAINING. (C) VENDOR SHALL AGREE THAT IT SHALL THEN NOTIFY, BY LETTER APPROVED BY THE COMMISSIONER, EACH IDENTIFIED PROBLEM DRIVER OF THE AVAILABILITY OF THE COURSE AND THE REQUIRED FEE. (D) VENDOR SHALL AGREE THAT, WITHIN ONE BUSINESS DAY OF THE SUCCESSFUL COMPLETION OF THE COURSE BY A DRIVER, IT WILL ELECTRONICALLY NOTIFY THE DEPARTMENT THROUGH AN ESTABLISHED COMPUTER LINK. 8. COSTS, FEES AND TRANSFERS. (A) VENDOR SHALL ASSUME ALL COSTS OF THE DRIVER RETRAINING PROGRAM. S. 6408--B 67 (B) VENDOR SHALL AGREE THAT EACH DRIVER REQUIRED TO ENROLL IN THE DRIVER RETRAINING PROGRAM WILL BE ASSESSED A REASONABLE AND UNIFORM FEE FOR THE COURSE. SUCH FEE SHALL NOT BE IN EXCESS OF THE QUOTE OF THE VENDOR. (C) VENDOR SHALL ARRANGE FOR AND COLLECT PAYMENT OF THE FEE FROM THE REGISTRANT. (D) VENDOR SHALL DEPOSIT TO A DESIGNATED ACCOUNT OF THE DEPARTMENT BY WAY OF ELECTRONIC FUNDS TRANSFER AS INSTRUCTED BY THE COMMISSIONER, THE AGREED UPON FEE COLLECTED FROM THE REGISTRANT AS REIMBURSEMENT OF DEPARTMENT PROGRAM COSTS. (E) VENDOR SHALL BE RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH THE COLLECTION OF CHECKS DRAWN ON INSUFFICIENT FUNDS, OR ON UNPAID REGISTRA- TION FEES. THE DEPARTMENT WILL NOT REFUND ITS FEE IF THE VENDOR FAILS TO RECOVER FROM THE STUDENT. 9. PERSONNEL. THE VENDOR SHALL PROVIDE A TEAM OF PERSONNEL CONSISTING OF ONE ACCOUNT MANAGER AND PERSONNEL SUFFICIENT FOR THE DELIVERY OF THE PROGRAM STATEWIDE. (A) VENDOR SHALL AGREE THAT ALL PROPOSED PERSONNEL SHALL BE SUBJECT TO THE SAME BACKGROUND INVESTIGATION TO WHICH EMPLOYEES OF THE DEPARTMENT ARE SUBJECT AND THAT NO APPROVAL OF ANY PROPOSED PERSONNEL SHALL BE PROVIDED BEFORE THAT BACKGROUND INVESTIGATION IS COMPLETE AND THE COMMISSIONER DETERMINES THAT IT IS APPROPRIATE FOR VENDOR'S PERSONNEL TO PROVIDE SERVICES TO THE DEPARTMENT. (B) VENDOR SHALL AGREE TO IMMEDIATELY REMOVE ANY PERSON PERFORMING SERVICES UNDER A RESULTING CONTRACT WHO IS, IN THE JUDGMENT OF THE DEPARTMENT, DISQUALIFIED BY REASON OF ETHICS, COMPETENCE, CRIMINAL BEHAVIOR, OR MOTOR VEHICLE VIOLATIONS, OR ANY CAUSE WHATSOEVER, FROM DOING COMMERCE WITH, OR PROVIDING SERVICES FOR THE STATE. SUCH PERSON MAY BE REINSTATED BY THE VENDOR ONLY UPON CLEAR WRITTEN NOTICE OF THE APPROVAL OF THE COMMISSIONER. (C) VENDOR SHALL AGREE THAT IT ACCEPTS FULL RESPONSIBILITY FOR THE PERFORMANCE OF ANY SUB-CONTRACTORS, IF USED. THE VENDOR MAY SUB-CONTRACT THE SERVICES REQUIRED TO DELIVER THIS PROGRAM, BUT THE DEPARTMENT SHALL REQUIRE A SINGLE POINT OF RESPONSIBILITY FOR THIS CONTRACT. AS PRIME CONTRACTOR, THE VENDOR SHALL IDENTIFY ANY AND ALL SUB-CONTRACTORS AND SHALL DESCRIBE THE TYPE OF CONTRACTUAL ARRANGEMENT THAT WILL EXIST BETWEEN THE VENDOR AND THE SUB-CONTRACTORS. VENDOR SHALL AGREE THAT IT SHALL BE RESPONSIBLE FOR MEETING ALL OF THE TERMS AND CONDITIONS OF ANY CONTRACT RESULTING, INCLUDING THE PERFORMANCE OF ANY SUB-CONTRACTORS. THE DEPARTMENT SHALL NOT BE RESPONSIBLE FOR PAYMENTS DUE A SUB-CONTRAC- TOR FROM THE PRIMARY CONTRACTOR. (D) VENDOR SHALL AGREE IN ITS RESPONSE THAT EACH PERSON PERFORMING SERVICES UNDER THIS CONTRACT SHALL MEET THE FOLLOWING REQUIREMENTS: (I) VENDOR SHALL AGREE TO EMPLOY ONLY THOSE INDIVIDUALS AS INSTRUCTORS WHO WOULD BE REASONABLY CONSIDERED QUALIFIED INSTRUCTORS FOR SUCH COURSE BY REASON OF THEIR EDUCATIONAL ATTAINMENTS, TEACHING EXPERIENCE AND FAMILIARITY WITH THE SUBJECT MATTER AND METHODS USED TO SUCCESSFULLY RETRAIN PROBLEM DRIVERS AS DEFINED IN THIS ARTICLE. (II) AN OTHERWISE QUALIFIED INSTRUCTOR SHALL NOT BE USED IN ANY OF THE DRIVER RE-TRAINING PROGRAM IF THE PERSON IS INELIGIBLE TO OBTAIN OR RETAIN DRIVING PRIVILEGES IN ANY JURISDICTION. THE DEPARTMENT MAY ALSO REJECT THE USE OF ANY PARTICULAR INSTRUCTOR IF THE DEPARTMENT HAS REASON TO BELIEVE THAT THE INSTRUCTOR IS NOT PROPERLY QUALIFIED AS A RETRAINING INSTRUCTOR. EACH INSTRUCTOR SHALL ALSO PASS A BACKGROUND CHECK TO THE SATISFACTION OF THE DEPARTMENT. S. 6408--B 68 10. THE COMMISSIONER IS AUTHORIZED TO SUSPEND OR REVOKE APPROVAL OF A VENDOR SHOULD THE COMMISSIONER FIND THAT THE VENDOR OR ITS INSTRUCTORS HAVE BEEN FOUND TO BE IN VIOLATION OF ANY APPLICABLE LAWS OR REGU- LATIONS. S 399-U. MONITORING RETRAINED DRIVERS AND PROOF OF EFFECTIVENESS. 1. MONITORING RETRAINED DRIVERS. (A) VENDOR SHALL AGREE THAT THE DEPARTMENT MAY MONITOR DRIVING RECORDS OF PERSONS WHO HAVE TAKEN AND PASSED THE VENDOR'S DRIVER RETRAINING PROGRAM. (B) VENDOR SHALL AGREE THAT THE DEPARTMENT MAY REQUIRE THE VENDOR TO PERIODICALLY PROVIDE THE DEPARTMENT WITH INFORMATION IT REASONABLY BELIEVES NECESSARY TO MONITOR THE PERFORMANCE OF THE VENDOR, INCLUDING BUT NOT LIMITED TO, INFORMATION ON NUMBERS OF STUDENTS, NUMBER OF CLASS- ES HELD, CLASS SIZE, LOCATION AND FREQUENCY OF CLASSES, AND PASS/FAIL RATE. (C) VENDOR SHALL AGREE TO SUBMIT ON A MONTHLY BASIS A RECONCILIATION REPORT DETAILING THE NUMBER OF DRIVERS THAT HAVE BEEN RETRAINED AND THE AMOUNT OF FUNDS TRANSFERRED TO THE DEPARTMENT. (D) VENDOR SHALL AGREE TO COLLABORATE WITH THE DEPARTMENT TO CREATE A SURVEY AT THE END OF THE CLASS TO CAPTURE STUDENT FEEDBACK ON THEIR EXPERIENCE. 2. PROOF OF EFFECTIVENESS. (A) PROOF OF EFFECTIVENESS SUBMITTED BY THE VENDOR FOR SPONSORSHIP SHALL BE VERIFIABLE RESEARCH DOCUMENTATION SHOW- ING EVIDENCE OF EFFECTIVENESS AS DETERMINED BY THE COMMISSIONER IN TERMS OF REDUCED CONVICTIONS OR ACCIDENTS OR BOTH. THIS RESEARCH DOCUMENTATION SHALL EMPLOY ACCEPTED RESEARCH PRINCIPLES. IN ORDER TO ESTABLISH VERI- FIABLE EFFECTIVENESS, THE SAMPLE GROUP SHALL BE COMPRISED OF A MINIMUM OF THREE THOUSAND DRIVERS. THE DOCUMENTATION SHALL INCLUDE CONVICTION OR ACCIDENT DATA FOR EACH MOTORIST FOR A PERIOD OF AT LEAST EIGHTEEN MONTHS PRIOR TO THE REVOCATION DATE AND AT LEAST EIGHTEEN MONTHS SUBSE- QUENT TO REISSUANCE OF LICENSE. THE DOCUMENTATION SHALL ALSO INCLUDE A DESCRIPTION OF THE SAMPLING AND ANALYTIC PROCEDURES USED, AND THE MOTOR- IST IDENTIFICATION NUMBER AND COURSE COMPLETION DATE FOR ALL COURSE ATTENDEES. THE VENDOR FOR SPONSORSHIP SHALL PROVIDE, AT THE REQUEST OF THE COMMISSIONER AND AT THE APPLICANT'S EXPENSE, ALL DRIVING RECORD DATA AND ANALYSIS USED IN THE DEVELOPMENT OF THE SUBMITTED RESEARCH DOCUMEN- TATION. SUBMISSION OF ANY FRAUDULENT OR INTENTIONALLY MISLEADING DATA WILL DISQUALIFY THAT ORGANIZATION AND ALL OWNERS AND PRINCIPALS FROM PARTICIPATING OR APPROVAL IN THE DRIVER RETRAINING COURSE FOR A PERIOD OF TEN YEARS FROM SUBMISSION DATE. THE COMMISSIONER MAY, BY REGULATION, PROVIDE FOR A SMALLER SAMPLE GROUP FOR SPECIALIZED COURSES. (B) PRIOR TO THE END OF THE PILOT PROGRAM, THE VENDOR SHALL CONDUCT A STUDY OF THE EFFECTIVENESS OF THE DRIVER RETRAINING PROGRAM CONDUCTED IN THE STATE. THIS PROOF OF EFFECTIVENESS SHALL BE VERIFIABLE RESEARCH DOCUMENTATION SHOWING EVIDENCE OF EFFECTIVENESS AS DETERMINED BY THE COMMISSIONER IN TERMS OF REDUCED CONVICTIONS OR ACCIDENTS OR BOTH. THIS RESEARCH DOCUMENTATION SHALL EMPLOY ACCEPTED RESEARCH PRINCIPLES AND INCLUDE TREATMENT AND NON-TREATMENT CONTROL GROUPS COMPRISED OF SAMPLES OF THE REPRESENTATIVE DRIVER BASE. IN ORDER TO ESTABLISH VERIFIABLE EFFECTIVENESS, EACH SAMPLE GROUP SHALL BE COMPRISED OF A MINIMUM OF THREE THOUSAND DRIVERS SELECTED RANDOMLY. THE DOCUMENTATION SHALL INCLUDE CONVICTION OR ACCIDENT DATA FOR EACH MOTORIST FOR A PERIOD OF AT LEAST EIGHTEEN MONTHS PRIOR TO THE REVOCATION DATE AND AT LEAST EIGHTEEN MONTHS SUBSEQUENT TO REISSUANCE OF LICENSE. THE DOCUMENTATION SHALL ALSO INCLUDE A DESCRIPTION OF THE SAMPLING AND ANALYTIC PROCEDURES USED, AND THE MOTORIST IDENTIFICATION NUMBER AND COURSE COMPLETION DATE FOR ALL COURSE ATTENDEES. THE VENDOR SHALL PROVIDE, AT THE REQUEST OF THE S. 6408--B 69 COMMISSIONER AND AT THE APPLICANT'S EXPENSE, ALL DRIVING RECORD DATA AND ANALYSIS USED IN THE DEVELOPMENT OF THE SUBMITTED RESEARCH DOCUMENTA- TION. S 399-V. DEPLOYMENT OF PROGRAM. VENDOR SHALL PROPOSE AND PROVIDE A START-UP DEPLOYMENT PLAN. THE PROPOSED START-UP DEPLOYMENT PLAN TIMETA- BLE SHALL INCLUDE REALISTIC MILESTONE DATES TO INDICATE WHEN THE VENDOR WILL MEET CERTAIN TARGETS. THE VENDOR'S START-UP DEPLOYMENT PLAN SHALL INCLUDE: 1. THE NUMBER OF CLASS LOCATIONS THE VENDOR INTENDS TO HAVE OPERA- TIONAL BY SPECIFIC DATES; 2. THE NUMBER OF INSTRUCTORS THE VENDOR PLANS TO HIRE BY SPECIFIC DATES; 3. PLANS TO TEST ITS COMPUTER COMPATIBILITY WITH THE DEPARTMENT DATA CENTER; AND 4. A REALISTIC START-UP DATE FOR FULL OPERATIONS OF THE PROPOSED DRIV- ER RETRAINING PROGRAM. S 399-W. INFORMATION TO THE VENDOR. 1. THE DEPARTMENT WILL PROVIDE THE VENDOR WITH THE NAMES, ADDRESSES, AND LICENSE NUMBERS OF THOSE INDIVID- UALS WHO ARE REQUIRED TO SUCCESSFULLY COMPLETE A COURSE OF DRIVER RETRAINING BY ELECTRONIC MEDIA. 2. ALL DATA PROVIDED TO THE VENDOR SHALL BE KEPT IN ACCORDANCE WITH THE REQUIREMENTS OF THE DRIVER PRIVACY PROTECTION ACT AND ANY RELATED STATE REQUIREMENTS. 3. THE SELECTED VENDOR WILL BE REQUIRED TO ENTER INTO A DATA PRIVACY AGREEMENT WITH THE DEPARTMENT ONCE A CONTRACT HAS BEEN AWARDED. 4. THE DEPARTMENT WILL UPDATE THE DRIVER'S RECORD UPON NOTIFICATION BY THE VENDOR OF THE DRIVER'S SUCCESSFUL COMPLETION OF THE RE-TRAINING PROGRAM. 5. THE DEPARTMENT SHALL PROVIDE THE VENDOR WITH RELEVANT DATA NECES- SARY FOR THE COMPLETION OF THE REQUIRED EFFECTIVENESS STUDY. S 399-X. NOTIFICATIONS OF DRIVERS. THE DEPARTMENT SHALL NOTIFY THOSE INDIVIDUAL DRIVERS THAT ARE REQUIRED TO SUCCESSFULLY COMPLETE THE DRIVER RETRAINING PROGRAM OF THIS REQUIREMENT. S 399-Y. FEE. THE VENDOR IS AUTHORIZED TO IMPOSE A FEE FOR PARTIC- IPATION IN THE BEHAVIORAL-BASED DRIVER RETRAINING PROGRAM NOT TO EXCEED ONE HUNDRED FIFTY DOLLARS. THE VENDOR OF THE BEHAVIORAL-BASED DRIVER RETRAINING PROGRAM IS ENTITLED TO RETAIN THREE-FIFTHS OF THE FEE IMPOSED FOR PARTICIPATION IN THE DRIVER RETRAINING PROGRAM. S 399-Z. REGULATIONS. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS ARE NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS ARTI- CLE. IN ADDITION TO ANY REQUIREMENTS EXPRESSLY AUTHORIZED BY THIS ARTI- CLE, SUCH REGULATIONS MAY INCLUDE, BUT NOT BE LIMITED TO, REQUIREMENTS AND STANDARDS WITH RESPECT TO: VENDORS AND INSTRUCTORS; CLASSROOM FACIL- ITIES; SUSPENSION OR REVOCATION OF APPROVAL; APPEAL OF REVOCATION; COURSE ADMINISTRATION AND ADVERTISING; MONITORING OF COURSES AND INSTRUCTORS; AND REEVALUATION OF COURSE EFFECTIVENESS PURSUANT TO SECTION THREE HUNDRED NINETY-NINE-U OF THIS ARTICLE. S 399-AA. REPORT. WITHIN FIVE YEARS OF THE ESTABLISHMENT AND IMPLEMEN- TATION OF THIS ARTICLE, THE COMMISSIONER SHALL REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON THE DRIVER RETRAINING PROGRAM AND ITS RESULTS. SUCH REPORT SHALL INCLUDE RECOMMENDATIONS AS TO THE FUTURE OF THE PROGRAM. S 399-BB. REAPPROVAL OF DRIVER RETRAINING COURSES. NOTHING IN THIS ARTICLE SHALL BE DEEMED TO REQUIRE THE COMMISSIONER TO REAPPROVE MOTOR VEHICLE DRIVER RETRAINING COURSES APPROVED BY THE COMMISSIONER PURSUANT TO RULES AND REGULATIONS PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE. S. 6408--B 70 S 5. The state finance law is amended by adding a new section 99-y to read as follows: S 99-Y. BEHAVIORAL-BASED DRIVER RETRAINING PILOT PROGRAM FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMP- TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "DRIVER RETRAINING PILOT PROGRAM FUND". 2. SUCH FUND SHALL CONSIST OF ALL FEES RECEIVED BY THE DEPARTMENT OF MOTOR VEHICLES PURSUANT TO THE PROVISIONS OF ARTICLE TWELVE-D OF THE VEHICLE AND TRAFFIC LAW, AND ALL OTHER MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. 3. THE MONEYS IN SUCH FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES OF ADMINISTERING AND IMPLEMENTING THE PROVISIONS OF ARTICLE TWELVE-D OF THE VEHICLE AND TRAFFIC LAW BY THE DEPARTMENT OF MOTOR VEHICLES. S 6. 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 5 years after the date the behavioral-based driver retraining pilot program is established and implemented by the commissioner of motor vehicles pursuant to article 12-D of the vehicle and traffic law as added by section four of this act; provided however, that effective immediately, the addition, amendment, or repeal of any rule or regu- lation necessary for the implementation of this act shall be made and completed on or before such effective date; and provided further, howev- er, that the commissioner of motor vehicles shall notify the legislative bill drafting commission upon the date the behavioral-based driver retraining pilot program is established and implemented 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. PART PP Section 1. Paragraph (c) of subdivision 2 of section 503 of the vehi- cle and traffic law is amended by adding a new subparagraph (v) to read as follows: (V) PROVIDED THAT FOR A SENIOR CITIZEN, THE RENEWAL FEE SHALL BE TEN PERCENT LESS THAN THE FEES OTHERWISE REQUIRED BY THIS PARAGRAPH. FOR THE PURPOSES OF THIS SUBPARAGRAPH, THE TERM "SENIOR CITIZEN" MEANS A PERSON AT LEAST SIXTY-FIVE YEARS OF AGE. S 2. This act shall take effect on the ninetieth day after it shall have become a law. PART QQ Section 1. The parks, recreation and historic preservation law is amended by adding a new article 26 to read as follows: ARTICLE 26 ALL-TERRAIN VEHICLE TRAIL FUND SECTION 26.01 TRAIL PLAN. 26.03 RULES AND REGULATIONS. S 26.01 TRAIL PLAN. THE DEPARTMENT SHALL PREPARE A STATEWIDE ALL-TER- RAIN VEHICLE TRAIL PLAN PROVIDING FOR RECREATIONAL USE OF "ALL TERRAIN VEHICLES" OR "ATVS" ON PERMITTED STATE AND MUNICIPAL LANDS AND ATV DESIGNATED TRAILS ON PRIVATE LANDS TO ESTABLISH A STATEWIDE NETWORK OF ATV TRAILS. FOR PURPOSES OF THIS ARTICLE, "ATV" MEANS AN ALL TERRAIN S. 6408--B 71 VEHICLE AS DEFINED IN SECTION TWENTY-TWO HUNDRED EIGHTY-ONE OF THE VEHI- CLE AND TRAFFIC LAW. S 26.03 RULES AND REGULATIONS. 1. THE DEPARTMENT SHALL PROMULGATE REGULATIONS FOR THE USE OF ATVS WITH A VIEW TOWARDS ACHIEVING MAXIMUM USE OF ATVS AND MINIMIZING THE DETRIMENTAL EFFECT THEREOF UPON THE ENVI- RONMENT. NOTHING IN THIS SECTION SHALL PROHIBIT THE DEPARTMENT OR THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO SECTION 9-0303 OF THE ENVIRONMENTAL CONSERVATION LAW FROM AUTHORIZING OTHER ATV USE ON STATE OWNED LANDS. THE COMMISSIONER SHALL ADOPT RULES AND REGULATIONS RELATING TO AND INCLUDING, BUT NOT LIMITED TO THE FOLLOWING: A. USE OF ATVS INSOFAR AS FISH AND WILDLIFE RESOURCES AND NATURAL RESOURCES OF THE STATE. B. USE OF ATVS ON PUBLIC LANDS UNDER THE JURISDICTION OF THE DEPART- MENT, PROVIDING FOR INCORPORATING RECREATIONAL AND SPORTSMAN USE INTO UMPS DEVELOPED FOR SUCH LANDS. C. UNIFORM SIGNS OR MARKERS. D. REQUIREMENTS FOR PROTECTION OF PRIVATE PROPERTY OR THEREIN OCCA- SIONED BY THE USE OF ATVS. E. ESTABLISHMENT OF A COMPREHENSIVE ATV INFORMATION AND SAFETY EDUCA- TION AND TRAINING PROGRAM, INCLUDING PROVISION FOR THE ISSUANCE OF ATV OPERATION AND SAFETY CERTIFICATES FOR OPERATION OF ATVS BY YOUTHFUL OPERATORS AND ADULT OPERATORS WITHOUT A VALID DRIVER'S LICENSE. F. REQUIREMENTS THAT NEW CONNECTOR TRAILS MUST COMPLY WITH STATE LAWS AND REGULATIONS AND, WHERE APPLICABLE FOR STATE-OWNED LANDS, COMPLY WITH A UNIT MANAGEMENT PLAN AND BE SUBJECT TO FULL PUBLIC REVIEW AND HEAR- INGS. G. REQUIREMENTS FOR MUNICIPALITIES FOR THE DESIGNATION OF ATV USE ON OTHER PUBLIC LANDS MUST BE CONSISTENT WITH ENVIRONMENTAL IMPACT ASSESS- MENTS AS PRESCRIBED BY 6 NYCRR PART 617, AND PARAGRAPH B OF SUBDIVISION ONE AND PARAGRAPH M OF SUBDIVISION TWO OF SECTION 3-0301 AND SECTION 8-0113 OF THE ENVIRONMENTAL CONSERVATION LAW. H. PROVISIONS FOR CURRENT TRAILS AND TRAILS PENDING APPROVAL ON OR BEFORE THE EFFECTIVE DATE OF THIS ARTICLE ARE PRESERVED IN PERPETUITY AND NOTHING SHALL RESTRICT THE USE OF COMMISSIONER POLICY THREE (CP3) PERMITS ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ON THESE TRAILS. I. PROVISIONS PROHIBITING THE USE OF ATVS ON STATE OWNED LANDS CLASSI- FIED AS THE FOLLOWING: ALBANY PINE BUSH, LONG ISLAND PINE BARRENS, OR LAND OR WATER CLASSIFIED AS PRIMITIVE OR CANOE PURSUANT TO THE MASTER PLAN FOR MANAGEMENT OF STATE LAND. 2. OPERATION BY YOUTHFUL OPERATORS SHALL BE AS FOLLOWS: A. PERSONS BETWEEN TEN AND FOURTEEN YEARS OLD MUST HOLD A VALID SAFETY CERTIFICATE AND BE ACCOMPANIED BY AN ADULT. B. PERSONS BETWEEN FIFTEEN AND EIGHTEEN YEARS OLD MUST HOLD A VALID SAFETY CERTIFICATE OR DRIVER'S LICENSE. S 2. Subdivision 1 of section 2282 of the vehicle and traffic law, as amended by chapter 402 of the laws of 1986, is amended to read as follows: 1. Except as hereinafter provided, no person shall operate any ATV within the state ON LANDS OTHER THAN THOSE PRIVATELY OWNED BY THE ATV OWNER unless such ATV has been registered and numbered in accordance with the provisions of this article, and the registration number for such ATV is in full force and effect and displayed as provided under this article and regulations promulgated thereunder. S. 6408--B 72 S 3. Paragraph (g) of subdivision 4 of section 2282 of the vehicle and traffic law, as amended by chapter 402 of the laws of 1986, is amended and a new paragraph (h) is added to read as follows: (g) Annual fees shall not be prorated and such fees shall be applica- ble to a year or any portion of a year. [Notwithstanding any inconsist- ent provision of this section, the difference collected between the fees set forth in paragraphs (a) and (b) of this subdivision in effect on and after September first, two thousand nine and the fees set forth in such paragraphs in effect prior to such date shall be deposited to the credit of the dedicated highway and bridge trust fund.] (H) FEES COLLECTED FOR THE REGISTRATION OF ATVS WITH A DRY WEIGHT OVER ONE THOUSAND ONE POUNDS PURSUANT TO THIS SECTION SHALL BE DEPOSITED INTO THE ATV TRAIL FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-Y OF THE STATE FINANCE LAW, AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN SUCH SECTION. S 4. Subdivision 12 of section 2282 of the vehicle and traffic law, as added by chapter 671 of the laws of 1985, is amended to read as follows: 12. Out of state ATV registration. (A) The registration provisions of this article shall not apply to non-resident owners who have registered their ATVs in compliance with the registration and licensing laws of the state, province, district or country of residence, provided that the ATV is appropriately identified in accordance with the laws of the state of residence. The provisions of this subdivision shall not apply to a resi- dent of another state, province, district or country which does not have an ATV registration and identification law. Nothing in this subdivision shall be construed to authorize the operation of any ATV contrary to the provisions of this article. (B) NON-RESIDENT OWNERS WHO HAVE REGISTERED THEIR ATVS IN COMPLIANCE WITH THE REGISTRATION AND LICENSING LAWS OF A JURISDICTION OUT OF THE STATE, OR WHO RESIDE IN A JURISDICTION WHICH DOES NOT HAVE AN ATV REGIS- TRATION AND IDENTIFICATION LAW, SHALL PAY AN ANNUAL FEE, EQUAL TO THAT PROVIDED FOR PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS SECTION TO LAWFULLY OPERATE SUCH ATV IN THE STATE ON LANDS OTHER THAN THOSE PRIVATELY OWNED BY THE ATV OWNER. S 5. Section 2404 of the vehicle and traffic law, as added by chapter 402 of the laws of 1986, paragraph (e) of subdivision 1 and subdivision 3 as amended by chapter 554 of the laws of 2005, is amended to read as follows: S 2404. Operating rules. 1. No person shall operate an ATV: (a) at a rate of speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing OR FASTER THAN FIFTY-FIVE MILES PER HOUR; (b) in a careless, reckless or negligent manner so as to unreasonably endanger the person or property of another or cause injury or damage thereto; (c) on the tracks or right-of-way of an operating railroad; (d) in any tree nursery or planting in a manner that damages or destroys growing stock, or creates a substantial risk thereto; (e) while pulling a person on skis or drawing or towing a sleigh, sled, toboggan, inflatable device or trailer which carries or transports any person unless attached by a rigid support, connection or towbar; (f) on the frozen surface of public waters: within one hundred feet of any person other than a person riding on an ATV except at the minimum speed required to maintain forward movement of the ATV, nor within one hundred feet of a fishing shanty or shelter except at the minimum speed required to maintain forward movement of the ATV nor on an area which S. 6408--B 73 has been cleared of snow for skating purposes unless the area is neces- sary for access to the public water; (g) within one hundred feet of a dwelling between midnight and six a.m., at a speed greater than minimum required to maintain forward move- ment of the ATV; (h) on public lands, other than highways, or on private property of another while in an intoxicated condition or under the influence of narcotics or drugs; (I) ON STATE LANDS UNDER THE JURISDICTION OF THE DEPARTMENT OF ENVI- RONMENTAL CONSERVATION AND ON CONSERVATION EASEMENTS UNDER SUCH DEPART- MENT'S JURISDICTION OR ON STATE LANDS UNDER THE JURISDICTION OF THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, EXCEPT AS SPECIF- ICALLY AUTHORIZED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSU- ANT TO SECTION 9-0303 OF THE ENVIRONMENTAL CONSERVATION LAW AND AS AUTHORIZED BY THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION PURSUANT TO ARTICLE TWENTY-SIX OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW; (J) ON PRIVATE LANDS UNLESS EXPRESSLY PERMITTED; OR (K) WHILE FAILING OR REFUSING TO COMPLY WITH LAW ENFORCEMENT. 2. The operator of an ATV shall: (a) stop and yield to an authorized ambulance, civil defense, or police ATV or police vehicle being operated as an emergency vehicle and approaching from any direction; (b) comply with any lawful order or direction of any police officer or other person duly empowered to enforce the laws relating to ATVs; (C) KEEP THE ATV LIGHTS ON BETWEEN SUNSET AND SUNRISE; (D) WEAR A HELMET; (E) COMPLY WITH THE RULES OF THE ROAD INCLUDING BUT NOT LIMITED TO ADHERENCE TO SIGNAGE, POSTED SPEED LIMITS, TRAVELING ON THE RIGHT EDGE OF THE PAVED/ROAD SURFACE AND RIDING SINGLE FILE. 3. [No person shall ride on or in a sleigh, sled, toboggan, inflatable device or trailer which is being towed or trailed by an ATV unless attached by a rigid support, connection or towbar. 4. A person operating an ATV shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on an ATV unless such ATV is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the ATV at the rear or side of the operator. 5.] For the purposes of title seven of this chapter, an ATV shall be a motor vehicle and the provisions of such title shall be applicable to ATVs. [6.] 4. Local laws and ordinances. Nothing contained in this article shall be deemed to limit the authority of a county, city, town or village from adopting or amending a local law or ordinance which imposes stricter restrictions and conditions on the operation of ATVs than are provided or authorized by this section so long as such local law or ordinance is consistent with its authority to protect the order, conduct, health, safety and general welfare of persons or property. S 6. Section 2411 of the vehicle and traffic law, as added by chapter 402 of the laws of 1986, is amended to read as follows: S 2411. 1. Liability for negligence. Negligence in the use [of] OR operation of an ATV shall be attributable to the owner. Every owner of an ATV USED OR OPERATED IN THIS STATE ON LANDS OTHER THAN THOSE PRIVATE- LY OWNED BY THE ATV OWNER MUST BE INSURED. OWNERS OF ATVS used or oper- S. 6408--B 74 ated in this state shall be liable and responsible for death or injury to [person] PERSONS or damage to property resulting from negligence in the use or operation of such ATV [by any person using or operating the same with the permission, express or implied, of such owner, provided, however, that such operator's negligence shall not be attributed to the owner as to any claim or cause of action accruing to the operator or his legal representative for such injuries or death]. 2. DUTIES OF ATV OWNERS AND OPERATORS. IT IS RECOGNIZED THAT DRIVING AN ATV IS A VOLUNTARY ACTIVITY THAT MAY BE HAZARDOUS. IT SHALL BE THE DUTY OF ATV OWNERS AND OPERATORS: (A) TO KEEP THEIR ATVS IN PROPER WORKING ORDER. (B) TO FOLLOW ANY AND ALL OTHER RULES OF CONDUCT AS ARE PRESCRIBED PURSUANT TO SECTION 26.03 OF THE PARKS, RECREATION AND HISTORIC PRESER- VATION LAW. (C) NOT TO OPERATE AN ATV IN ANY AREA NOT DESIGNATED FOR DRIVING ATVS. (D) NOT TO OPERATE AN ATV BEYOND THE CONDITIONS THAT LIMIT SPEED. (E) TO FAMILIARIZE THEMSELVES WITH RULES OF THE TRAIL. (F) NOT TO LEAVE THE SCENE OF ANY ACCIDENT RESULTING IN PERSONAL INJU- RY OR DAMAGE TO THE PROPERTY BEYOND THE TRAIL. S 7. The state finance law is amended by adding a new section 99-y to read as follows: S 99-Y. ATV TRAIL FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVA- TION AND THE COMPTROLLER A FUND TO BE KNOWN AS THE "ATV TRAIL FUND". 2. THE ATV TRAIL FUND SHALL CONSIST OF MONEYS APPROPRIATED THERETO, AND FUNDS TRANSFERRED FROM ANY OTHER FUND OR SOURCE INCLUDING THE PAYMENT OF FEES PURSUANT TO PARAGRAPH (H) OF SUBDIVISION FOUR OF SECTION TWENTY-TWO HUNDRED EIGHTY-TWO OF THE VEHICLE AND TRAFFIC LAW. 3. TEN PERCENT OF ALL MONEYS IN THE ATV TRAIL FUND SHALL BE AVAILABLE FOR THE ADMINISTRATIVE COSTS OF ADMINISTERING SUCH FUND. FORTY-FIVE PERCENT OF ALL MONEYS IN THE ATV TRAIL FUND SHALL BE MADE AVAILABLE FOR THE MAINTENANCE, CONSTRUCTION AND DEVELOPMENT OF THE STATEWIDE TRAIL SYSTEM. FORTY-FIVE PERCENT OF ALL MONEYS IN THE ATV TRAIL FUND SHALL BE MADE AVAILABLE FOR ENFORCING AND EDUCATING THE PUBLIC ABOUT THE PROVISIONS OF ARTICLE TWENTY-SIX OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW. 4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMIS- SIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION. S 8. Paragraph (a) of subdivision 1 of section 2281 of the vehicle and traffic law, as amended by chapter 319 of the laws of 1997, is amended to read as follows: (a) "All terrain vehicle" or "ATV" means any self-propelled vehicle which is manufactured for sale for operation primarily on off-highway trails or off-highway competitions and only incidentally operated on public highways providing that such vehicle does not exceed seventy inches in width, or one thousand FIVE HUNDRED pounds dry weight. Provided, however, this definition shall not include a "snowmobile" or other self-propelled vehicles manufactured for off-highway use exclu- sively designed for travel on snow or ice, steered by skis or runners and supported in whole or in part by one or more skis, belts or cleats which utilize an endless belt tread. S 9. The vehicle and traffic law is amended by adding a new section 2414 to read as follows: S 2414. TRESPASS VIOLATION FINE. OPERATORS OF ATVS WHICH HAVE BEEN CITED FOR TRESPASS SHALL BE FINED ONE HUNDRED DOLLARS FOR A FIRST S. 6408--B 75 VIOLATION; TWO HUNDRED DOLLARS FOR A SECOND VIOLATION WITHIN THREE HUNDRED SIXTY-FIVE DAYS OF THE INITIAL VIOLATION; AND FIVE HUNDRED DOLLARS FOR SUBSEQUENT VIOLATIONS WITHIN THREE HUNDRED SIXTY-FIVE DAYS OF THE INITIAL VIOLATION. THE MONEY COLLECTED FROM THE FINES SHALL BE PUT INTO THE ATV TRAIL FUND ESTABLISHED BY SECTION NINETY-NINE-Y OF THE STATE FINANCE LAW AND SHALL BE SPLIT FIFTY PERCENT FOR ENFORCEMENT, EDUCATION AND REMEDIATION AND THE OTHER FIFTY PERCENT FOR TRAIL MAINTE- NANCE AND TRAIL CONSTRUCTION AND DEVELOPMENT. S 10. Section 1-0303 of the environmental conservation law is amended by adding four new subdivisions 26, 27, 28, and 29 to read as follows: 26. "ALL TERRAIN VEHICLE" OR "ATV" SHALL HAVE THE MEANING SET FORTH IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWENTY-TWO HUNDRED EIGHTY-ONE OF THE VEHICLE AND TRAFFIC LAW. 27. "CONNECTOR TRAIL" SHALL MEAN A PUBLIC HIGHWAY OR PORTION THEREOF OPEN FOR TRAVEL BY ATVS, ANY TRAILS OR PORTIONS THEREOF; AND ANY EXIST- ING RAILROAD BEDS AND PRIVATE ROADS OR PORTIONS THEREOF. 28. "PRIVATE ROAD" SHALL HAVE THE MEANING SET FORTH IN SECTION ONE HUNDRED THIRTY-THREE OF THE VEHICLE AND TRAFFIC LAW. 29. "PUBLIC HIGHWAY" SHALL HAVE THE MEANING SET FORTH IN SECTION ONE HUNDRED THIRTY-FOUR OF THE VEHICLE AND TRAFFIC LAW. S 11. Section 9-0303 of the environmental conservation law is amended by adding a new subdivision 8 to read as follows: 8. ALL TERRAIN VEHICLES. A. THE PUBLIC USE OF ATVS, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWENTY-TWO HUNDRED EIGHTY-ONE OF THE VEHICLE AND TRAFFIC LAW, ON STATE LANDS UNDER THE DEPARTMENT'S JURISDICTION AND ON CONSERVATION EASEMENTS UNDER THE DEPARTMENT'S JURISDICTION IS PROHIBITED EXCEPT AS SPECIFICALLY AUTHOR- IZED BY THE DEPARTMENT IN CONSULTATION WITH THE OFFICE OF PARKS, RECRE- ATION AND HISTORIC PRESERVATION PURSUANT TO THIS SUBDIVISION. B. AFTER APRIL FIRST, TWO THOUSAND SIXTEEN, THE DEPARTMENT, IN CONSUL- TATION WITH THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION MAY AUTHORIZE THE PUBLIC USE OF ATVS ON FOREST PRESERVE LANDS BY THE GENERAL PUBLIC BOTH INSIDE AND OUTSIDE THE BOUNDARIES OF THE ADIRONDACK PARK OR CATSKILL PARK AND ON OTHER STATE-OWNED LANDS UNDER THE DEPART- MENT'S JURISDICTION WHICH ARE LOCATED WITHIN THE BOUNDARIES OF THE ADIRONDACK PARK OR THE CATSKILL PARK FOR CONNECTOR TRAILS ONLY. C. CONNECTOR TRAILS ON FOREST PRESERVE LANDS INSIDE THE ADIRONDACK PARK BOUNDARY: I. SHALL FOLLOW THE SHORTEST REASONABLE ROUTE THAT IS REASONABLY PROTECTIVE OF THE ENVIRONMENT AND WILDLIFE; II. SHALL NOT INDIVIDUALLY EXCEED ONE AND ONE-HALF MILE IN LENGTH; AND III. SHALL NOT EXCEED A TOTAL MILEAGE OF FORTY-FIVE AND SUCH MILEAGE SHALL BE ADMINISTERED BY THE DEPARTMENT; PROVIDED, HOWEVER, THAT IN THE EVENT THAT THE TOTAL AREA OF THE ADIRONDACK PARK IS EXPANDED AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, SUCH FORTY-FIVE TOTAL MILEAGE LIMI- TATION SHALL BE EXPANDED TO REFLECT THE RATIO THAT FORTY-FIVE MILES IS TO THE TOTAL ACREAGE OF SUCH PARK ON APRIL FIRST, TWO THOUSAND SIXTEEN. PROVIDED, HOWEVER, CONNECTOR TRAILS IN USE PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION MAY REMAIN IN USE. CONNECTOR TRAILS NOT EXCEEDING THE MILEAGE LIMITS ESTABLISHED BY THIS SUBDIVISION MAY BE EXTENDED. D. THE DEPARTMENT MAY, IN CONSULTATION WITH THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, AUTHORIZE THE PUBLIC USE OF ATVS ON PUBLIC HIGHWAYS ON CONSERVATION EASEMENTS HELD BY THE DEPARTMENT WHERE SUCH EASEMENTS INCLUDE THE RIGHT TO ALLOW SUCH USE AND SUCH AUTHORIZATION IS IN COMPLIANCE WITH THE REQUIREMENTS OF SUBDIVISION ONE OF SECTION TWENTY-FOUR HUNDRED FIVE OF THE VEHICLE AND TRAFFIC LAW AND S. 6408--B 76 OTHER APPLICABLE LAW, AND MAY, IN CONSULTATION WITH THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, AUTHORIZE THE PUBLIC USE OF ATVS ON ATV TRAILS AND PRIVATE ROADS ON CONSERVATION EASEMENTS HELD BY THE DEPARTMENT WHERE SUCH EASEMENTS INCLUDE THE RIGHT TO ALLOW SUCH USE AND SUCH AUTHORIZATION IS IN COMPLIANCE WITH THE REQUIREMENTS OF SUBDIVISION TWO OF SECTION TWENTY-FOUR HUNDRED FIVE OF THE VEHICLE AND TRAFFIC LAW AND OTHER APPLICABLE LAW. E. ON STATE LANDS UNDER THE JURISDICTION OF THE DEPARTMENT OTHER THAN THOSE DESCRIBED IN PARAGRAPHS A AND B OF THIS SUBDIVISION, THE DEPART- MENT MAY, IN CONSULTATION WITH THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, AUTHORIZE THE PUBLIC USE OF ATVS IN COMPLIANCE WITH THE REQUIREMENTS OF SECTION TWENTY-FOUR HUNDRED FIVE OF THE VEHICLE AND TRAFFIC LAW AND OTHER APPLICABLE LAW. F. PERSONS WITH QUALIFYING DISABILITIES TO WHOM THE DEPARTMENT HAS ISSUED A PERMIT AND A COMPANION MAY USE ATVS AT THE LOCATIONS AUTHORIZED BY SUCH PERMIT AND PURSUANT TO THE TERMS AND CONDITIONS OF SUCH PERMIT. SUCH AUTHORIZATION SHALL COMPLY WITH THE REQUIREMENTS OF SECTION TWEN- TY-FOUR HUNDRED FIVE OF THE VEHICLE AND TRAFFIC LAW AND OTHER APPLICABLE LAW. G. ATVS MAY BE USED ON STATE LAND UNDER THE DEPARTMENT'S JURISDICTION FOR APPROPRIATE ADMINISTRATIVE, LAW ENFORCEMENT, AND EMERGENCY PURPOSES. H. THE PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY TO LANDS WITHIN THE BOUNDARIES OF THE ADIRONDACK PARK AND THE CATSKILL PARK OR UNDER THE JURISDICTION OF THE DEPARTMENT ON OR BEFORE JANUARY FIRST, TWO THOUSAND SIXTEEN. S 12. This act shall take effect immediately. PART RR Section 1. The vehicle and traffic law is amended by adding a new section 102-c to read as follows: S 102-C. ELECTRIC ASSISTED BICYCLE. AN "ELECTRIC ASSISTED BICYCLE" SHALL MEAN A BICYCLE EQUIPPED WITH FULLY OPERABLE PEDALS AND AN ELECTRIC MOTOR OF LESS THAN SEVEN HUNDRED FIFTY WATTS. AN ELECTRIC ASSISTED BICY- CLE WITH A MOTOR THAT PROVIDES ASSISTANCE ONLY WHEN THE RIDER IS PEDAL- ING, AND THAT CEASES TO PROVIDE ASSISTANCE WHEN THE BICYCLE REACHES THE SPEED OF TWENTY MILES PER HOUR, IS A CLASS ONE ELECTRIC ASSISTED BICYCLE OR A LOW-SPEED PEDAL-ASSISTED ELECTRIC BICYCLE. S 2. Section 121-b of the vehicle and traffic law, as amended by chap- ter 160 of the laws of 1981, is amended to read as follows: S 121-b. Limited use motorcycle. A limited use vehicle having only two or three wheels, with a seat or saddle for the operator, EXCEPT ELECTRIC ASSISTED BICYCLES AS DEFINED IN SECTION ONE HUNDRED TWO-C OF THIS ARTI- CLE. A limited use motorcycle having a maximum performance speed, of more than thirty miles per hour but not more than forty miles per hour shall be a class A limited use motorcycle. A limited use motorcycle having a maximum performance speed of more than twenty miles per hour but not more than thirty miles per hour, shall be a class B limited use motorcycle. A limited use motorcycle having a maximum performance speed of not more than twenty miles per hour shall be a class C limited use motorcycle. S 3. Section 125 of the vehicle and traffic law, as amended by chapter 365 of the laws of 2008, is amended to read as follows: S 125. Motor vehicles. Every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power, except (a) electrically-driven mobility assistance devices operated or S. 6408--B 77 driven by a person with a disability, (a-1) electric personal assistive mobility devices operated outside a city with a population of one million or more, (b) vehicles which run only upon rails or tracks, (c) snowmobiles as defined in article forty-seven of this chapter, [and] (d) all terrain vehicles as defined in article forty-eight-B of this chapter, AND (E) ELECTRIC ASSISTED BICYCLES AS DEFINED IN SECTION ONE HUNDRED TWO-C OF THIS ARTICLE. For the purposes of title four of this chapter, the term motor vehicle shall exclude fire and police vehicles other than ambulances. For the purposes of titles four and five of this chapter the term motor vehicles shall exclude farm type tractors and all terrain type vehicles used exclusively for agricultural purposes, or for snow plowing, other than for hire, farm equipment, including self-pro- pelled machines used exclusively in growing, harvesting or handling farm produce, and self-propelled caterpillar or crawler-type equipment while being operated on the contract site. S 4. Section 159 of the vehicle and traffic law is amended to read as follows: S 159. Vehicle. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks, AND ELECTRIC ASSISTED BICYCLES AS DEFINED IN SECTION ONE HUNDRED TWO-C OF THIS ARTICLE. S 5. The vehicle and traffic law is amended by adding a new section 1238-a to read as follows: S 1238-A. ADDITIONAL PROVISIONS APPLICABLE TO ELECTRIC ASSISTED BICY- CLES, OPERATORS AND PASSENGERS. 1. AN ELECTRIC ASSISTED BICYCLE, AS DEFINED IN SECTION ONE HUNDRED TWO-C OF THIS CHAPTER, OR THE OPERATOR OF AN ELECTRIC ASSISTED BICYCLE, SHALL COMPLY WITH ALL OF THE RULES, REGU- LATIONS AND PROVISIONS APPLICABLE TO A BICYCLE OR THE OPERATOR OF A BICYCLE CONTAINED IN THIS CHAPTER. IN ADDITION, AN ELECTRIC ASSISTED BICYCLE IS SUBJECT TO THE FOLLOWING REQUIREMENTS: (A) EVERY MANUFACTURER OF AN ELECTRIC ASSISTED BICYCLE SHALL CERTIFY THAT IT COMPLIES WITH THE EQUIPMENT AND MANUFACTURING REQUIREMENTS FOR BICYCLES ADOPTED BY THE UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION (16 C.F.R. 1512.1, ET SEQ.). (B) AN ELECTRIC ASSISTED BICYCLE SHALL OPERATE IN A MANNER SO THAT THE ELECTRIC MOTOR IS DISENGAGED OR CEASES TO FUNCTION WHEN THE BRAKES ARE APPLIED, OR OPERATE IN A MANNER SUCH THAT THE MOTOR IS ENGAGED THROUGH A SWITCH OR MECHANISM THAT, WHEN RELEASED, WILL CAUSE THE ELECTRIC MOTOR TO DISENGAGE OR CEASE TO FUNCTION. (C) ON AND AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, MANUFACTURERS AND DISTRIBUTORS OF ELECTRIC ASSISTED BICYCLES SHALL APPLY A LABEL THAT IS PERMANENTLY AFFIXED, IN A PROMINENT LOCATION, TO EACH ELECTRIC ASSISTED BICYCLE. THE LABEL SHALL CONTAIN THE CLASSIFICATION NUMBER, TOP ASSISTED SPEED, AND MOTOR WATTAGE OF THE ELECTRIC ASSISTED BICYCLE, AND SHALL BE PRINTED IN ARIAL FONT IN AT LEAST NINE-POINT TYPE. (D) A PERSON SHALL NOT TAMPER WITH OR MODIFY AN ELECTRIC ASSISTED BICYCLE SO AS TO CHANGE THE SPEED CAPABILITY OF THE ELECTRIC ASSISTED BICYCLE, UNLESS HE OR SHE APPROPRIATELY REPLACES THE LABEL INDICATING THE CLASSIFICATION REQUIRED IN PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION. 2. THE FAILURE OF ANY PERSON TO COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL NOT CONSTITUTE CONTRIBUTORY NEGLIGENCE OR ASSUMPTION OF RISK, AND SHALL NOT IN ANY WAY BAR, PRECLUDE OR FORECLOSE AN ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH BY OR ON BEHALF OF SUCH PERSON, NOR IN ANY WAY DIMINISH OR REDUCE THE DAMAGES RECOVERABLE IN ANY SUCH ACTION. S. 6408--B 78 S 6. Section 316 of the highway law, as amended by chapter 655 of the laws of 1978, is amended to read as follows: S 316. Entitled to free use of highways. The authorities having charge or control of any highway, public street, park, parkway, driveway, or place, shall have no power or authority to pass, enforce or maintain any ordinance, rule or regulation by which any person using a bicycle, ELEC- TRIC ASSISTED BICYCLE or tricycle shall be excluded or prohibited from the free use of any highway, public street, avenue, roadway, driveway, parkway, park, or place, at any time when the same is open to the free use of persons having and using other pleasure carriages, except upon such driveway, speedway or road as has been or may be expressly set apart by law for the exclusive use of horses and light carriages. But nothing herein shall prevent the passage, enforcement or maintenance of any regulation, ordinance or rule, regulating the use of bicycles, ELEC- TRIC ASSISTED BICYCLES or tricycles in highways, public streets, drive- ways, parks, parkways, and places, or the regulation of the speed of carriages, vehicles or engines, in public parks and upon parkways and driveways in the city of New York, under the exclusive jurisdiction and control of the department of parks and recreation of said city, nor prevent any such authorities in any other city from regulating the speed of any vehicles herein described in such manner as to limit and deter- mine the proper rate of speed with which such vehicle may be propelled nor in such manner as to require, direct or prohibit the use of bells, lamps and other appurtenances nor to prohibit the use of any vehicle upon that part of the highway, street, park, or parkway, commonly known as the footpath or sidewalk. S 7. Section 180 of the general municipal law, as amended by chapter 668 of the laws of 2004, is amended to read as follows: S 180. Ordinances to regulate use of bicycles. The governing boards of municipal corporations as defined in section two of this chapter, may adopt local laws to regulate the use of bicycles on the public highways, streets, avenues, walks, parks and public places within their limits. Such local laws shall be supplemental and in addition to the provisions of the vehicle and traffic law relating to vehicles and not in conflict therewith. Provided further that such local laws shall not impose any charge, tax or otherwise not provide for the free use of bicycles, ELEC- TRIC ASSISTED BICYCLES and tricycles. S 8. This act shall take effect immediately. PART SS Section 1. Notwithstanding any contrary provision of law, the New York State thruway authority shall discontinue the collection of tolls for travel commencing at exit 49 (Depew - Lockport - NY78) and concluding at exit 50 (Niagara Falls - I-290) of the Governor Thomas E. Dewey Thruway and for travel commencing at exit 50 (Niagara Falls - I-290) and concluding at exit 49 (Depew - Lockport - NY78) of the Governor Thomas E. Dewey Thruway. S 2. This act shall take effect on the ninetieth day after it shall have become a law. PART TT Section 1. The public service law is amended by adding a new section 5-a to read as follows: S. 6408--B 79 S 5-A. OVERSIGHT BY THE NEW YORK STATE PUBLIC AUTHORITIES CONTROL BOARD. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMISSION SHALL APPLY TO, AND OBTAIN THE APPROVAL OF, THE NEW YORK STATE PUBLIC AUTHORITIES CONTROL BOARD CREATED PURSUANT TO ARTICLE ONE-A OF THE PUBLIC AUTHORITIES LAW PRIOR TO TAKING ANY OF THE FOLLOWING ACTIONS: (A) AN INCREASE IN RATES, CHARGES, SURCHARGES, ASSESSMENTS, FEES, LEVIES, OR ANY OTHER COLLECTIONS, WHICH WOULD INCREASE REVENUES OBTAINED FROM RATEPAYERS BY MORE THAN SEVEN HUNDRED THOUSAND DOLLARS AND WHICH REVENUES ARE COLLECTED SOLELY FOR AND DIRECTED TO THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND WOULD BE EFFECTUATED THROUGH A SINGLE ORDER, DECISION, OR ADMINISTRATIVE ACTION OR THROUGH A SERIES OF SUCH ACTIVITIES; OR (B) A TRANSFER, REPURPOSING, REPROGRAMMING, OR ANY OTHER ACTION THAT WOULD CHANGE THE USE OF MONEY DIRECTED TO THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY PREVIOUSLY DESIGNATED OR INTENDED FOR A DIFFERENT PURPOSE. 2. EACH SUCH APPLICATION BY THE COMMISSION TO THE NEW YORK STATE PUBLIC AUTHORITIES CONTROL BOARD SHALL CONTAIN A DESCRIPTION OF ANY SUCH ACTION SET FORTH IN SUBDIVISION ONE OF THIS SECTION AND AN EXPLANATION OF WHY THE ACTION IS JUST AND REASONABLE AND IN THE PUBLIC INTEREST. 3. THE COMMISSION SHALL CONDUCT A FULL COST-BENEFIT ANALYSIS, INCLUD- ING PUBLIC COMMENT AND HEARINGS, AS TO THE IMPACT OF ANY SUCH ACTION AND PROVIDE A COPY OF THE ANALYSIS WITH ITS APPLICATION TO THE NEW YORK STATE PUBLIC AUTHORITIES CONTROL BOARD. S 2. Section 1854 of the public authorities law is amended by adding a new subdivision 22 to read as follows: 22. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY SHALL APPLY TO, AND OBTAIN THE APPROVAL OF, THE NEW YORK STATE PUBLIC AUTHORITIES CONTROL BOARD CREATED PURSUANT TO ARTICLE ONE-A OF THIS CHAPTER PRIOR TO UNDERTAKING ANY TRANSFER, REPURPOSING, REPROGRAM- MING, OR ANY OTHER ACTION THAT WOULD CHANGE THE USE OF MONEY PREVIOUSLY DESIGNATED OR INTENDED FOR A DIFFERENT PURPOSE. EACH SUCH APPLICATION BY THE AUTHORITY SHALL CONTAIN A DESCRIPTION OF ANY SUCH ACTION SET FORTH IN THIS SUBDIVISION AND AN EXPLANATION OF WHY THE ACTION IS JUST AND REASONABLE AND IN THE PUBLIC INTEREST. THE AUTHORITY SHALL CONDUCT A FULL COST-BENEFIT ANALYSIS, INCLUDING PUBLIC COMMENT AND HEARINGS, AS TO THE IMPACT OF ANY SUCH ACTION AND PROVIDE A COPY OF THE ANALYSIS WITH ITS APPLICATION TO THE NEW YORK STATE PUBLIC AUTHORITIES CONTROL BOARD. S 3. Subdivision 1 of section 51 of the public authorities law, as added by chapter 838 of the laws of 1983, paragraph k as added by chap- ter 506 of the laws of 1995, paragraph 1 as added by chapter 468 of the laws of 2004, paragraph m as added by section 10 of part E of chapter 494 of the laws of 2009, and paragraph n as added by chapter 533 of the laws of 2010, is amended to read as follows: 1. The New York state public authorities control board shall have the power and it shall be its duty to receive applications for approval of: A. the financing and construction of any project; OR B. AN INCREASE IN RATES, CHARGES, SURCHARGES, ASSESSMENTS, FEES, LEVIES, OR ANY OTHER COLLECTIONS, WHICH WOULD INCREASE REVENUES OBTAINED FROM RATEPAYERS OR TAXPAYERS BY MORE THAN SEVEN HUNDRED THOUSAND DOLLARS AND WHICH REVENUES ARE COLLECTED SOLELY FOR AND DIRECTED TO THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND WOULD BE EFFECTUATED THROUGH A SINGLE ORDER, DECISION, OR ADMINISTRATIVE ACTION OR THROUGH A SERIES OF SUCH ACTIVITIES; OR S. 6408--B 80 C. A TRANSFER, REPURPOSING, REPROGRAMMING, OR ANY OTHER ACTION THAT WOULD CHANGE THE USE OF MONEY DIRECTED TO THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY PREVIOUSLY DESIGNATED OR INTENDED FOR A DIFFERENT PURPOSE. 1-A. SUCH APPLICATIONS WOULD BE THOSE THAT MAY BE proposed by any of the following state public benefit corporations OR ENTITIES: a. New York state environmental facilities corporation b. New York state housing finance agency c. New York state medical care facilities finance agency d. Dormitory authority e. New York state urban development corporation f. Job development authority g. Battery park city authority h. New York state project finance agency i. State of New York mortgage agency j. New York state energy research and development authority k. Long Island Power Authority l. Albany Convention Center Authority m. State of New York Municipal Bond Bank Agency for bonds issued pursuant to section two thousand four hundred thirty-six-b of this chap- ter n. North Country Power Authority O. PUBLIC SERVICE COMMISSION Any application made concerning a project shall include the terms, conditions and dates of the repayment of state appropriations authorized by law pursuant to a repayment agreement. Any subsidiary of, or corpo- ration with the same members or directors as, a public benefit corpo- ration subject to the provisions of this section shall also be subject to the provisions of this section. All applications and submissions to the board required to be made by a subsidiary shall be made on behalf of such subsidiary by the public benefit corporation which created the subsidiary. 1-B. No public benefit corporation subject to the provisions of this section shall make any commitment, enter into any agreement or incur any indebtedness for the purpose of acquiring, constructing, or financing any project unless prior approval has been received from the board by such public benefit corporation as provided herein. S 4. Subdivision 3 of section 51 of the public authorities law, as added by chapter 838 of the laws of 1983, is amended to read as follows: 3. The board may approve applications only upon its determination that[,]: A. with relation to any proposed project, there are commitments of funds sufficient to finance the acquisition and construction of such project; OR B. A FULL COST-BENEFIT ANALYSIS, INCLUDING PUBLIC COMMENT AND HEAR- INGS, HAS BEEN CONDUCTED AS TO THE IMPACT OF ANY OF THE FOLLOWING ACTIV- ITIES THAT ARE SUBJECT TO ITS JURISDICTION PURSUANT TO THIS SECTION: (1) AN INCREASE IN RATES, CHARGES, SURCHARGES, ASSESSMENTS, FEES, LEVIES, OR ANY OTHER COLLECTIONS; OR (2) A TRANSFER, REPURPOSING, REPROGRAMMING, OR ANY OTHER ACTION THAT WOULD CHANGE THE USE OF MONEY PREVIOUSLY DESIGNATED OR INTENDED FOR A DIFFERENT PURPOSE; AND C. THAT SUCH COST-BENEFIT ANALYSIS SHOWS THAT THE ACTIONS DESCRIBED IN PARAGRAPH B OF THIS SUBDIVISION ARE JUST, REASONABLE, AND IN THE PUBLIC INTEREST. In determining the sufficiency of commitments of funds, the board may consider commitments of funds, projections of fees or other S. 6408--B 81 revenues and security, which may, in the discretion of the board, include collateral security sufficient to retire a proposed indebtedness or protect or indemnify against potential liabilities proposed to be undertaken. A copy of such determination shall be submitted to the chief executive officer of the appropriate public benefit corporation OR OTHER ENTITY SUBJECT TO THE BOARD'S JURISDICTION and SUBMITTED TO the state comptroller. S 5. This act shall take effect immediately. S 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. S 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.
2015-S6408C (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9008
- Law Section:
- Budget Bills
2015-S6408C (ACTIVE) - Summary
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2016-2017 state fiscal year; intentionally omitted (Part A); intentionally omitted (Part B); intentionally omitted (Part C)
2015-S6408C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6408--C A. 9008--C S E N A T E - A S S E M B L Y January 14, 2016 ___________ 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 intentionally omitted (Part A); intentionally omitted (Part B); intentionally omitted (Part C); to amend the vehicle and traffic law and the state finance law, in relation to the dedication of revenues and the costs of the department of motor vehicles; 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; to repeal subdivision 2 of section 89-g of the state finance law relating to funds to be placed into the accident prevention course internet, and other technology pilot program fund; and to repeal certain provisions of the state finance law relating to the motorcycle safety fund (Part D); to amend the vehicle and traffic law, in relation to covered farm vehicles and to expand the scope of the P endorsement; and to repeal certain provisions of such law relating thereto (Part E); to amend the New York state urban development corpo- ration act, in relation to extending certain provisions relating to the empire state economic development fund (Part F); 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 the effective- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12673-05-6 S. 6408--C 2 A. 9008--C ness thereof (Part G); to establish the Transformational Economic Development Infrastructure and Revitalization Projects act; and providing for the repeal of such provisions upon expiration thereof (Part H); to authorize and direct the New York state energy research and development authority to make a payment to the general fund of up to $913,000 (Part I); to authorize the New York state energy research and development authority to finance a portion of its research, devel- opment and demonstration, policy and planning, zero emissions vehicle and electric vehicle rebate and Fuel NY programs, and to finance the department of environmental conservation's climate change program, from an assessment on gas and electric corporations (Part J); to authorize the department of health to finance certain activities with revenues generated from an assessment on cable television companies (Part K); to amend the public service law, in relation to authorizing the department of public service to increase program efficiencies (Part L); to amend chapter 21 of the laws of 2003, amending the execu- tive law, relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, in relation to extending the expiration date thereof (Part M); intentionally omitted (Part N); to amend the general business law, in relation to authorized combative sports and to the costs of boxer medical examinations; and to amend a chapter of the laws of 2016 amending the general business law and other laws relating to author- ized combative sports, as proposed in legislative bill numbers S.5949-A and A.2604-C, in relation to the effectiveness thereof and the service of commissioners on the state athletic commission (Part O); 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 P); intentionally omitted (Part Q); intentionally omit- ted (Part R); to amend the New York state urban development corpo- ration act, in relation to transferring the statutory authority for the promulgation of marketing orders from the department of agricul- ture and markets to the New York state urban development corporation; to repeal certain provisions of the agriculture and markets law relat- ing to the marketing of agricultural products; and providing for the repeal of such provisions upon expiration thereof (Part S); to amend the environmental conservation law, in relation to waste tire manage- ment (Part T); to amend the state finance law, in relation to creating a new climate change mitigation and adaptation account in the environ- mental protection fund; to amend the environmental conservation law, in relation to local waterfront revitalization programs; to amend the environmental conservation law, in relation to climate smart community projects; and to amend the executive law, in relation to payments for local waterfront revitalization programs (Part U); intentionally omit- ted (Part V); to amend the New York state urban development corpo- ration act, in relation to the criteria governing the award of grants from the beginning farmers NY fund (Part W); to amend the environ- mental conservation law, in relation to retrofit technology for dies- el-fueled vehicles (Part X); to amend the vehicle and traffic law, in relation to the disposition of certain fees received from the regis- tration of snowmobiles (Part Y); to amend the public service law, in relation to operation of farm waste electric generating equipment (Part Z); relating to establishing a zero emissions vehicle and clean S. 6408--C 3 A. 9008--C burning fuel vehicle rebate program (Part AA); and to amend subpart H of part C of chapter 20 of the laws of 2015, appropriating money for certain municipal corporations and school districts, in relation to funding to local government entities from the urban development corpo- ration; and to repeal certain provisions of such law relating thereto (Part BB) 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 which are necessary to implement the state fiscal plan for the 2016-2017 state fiscal year. Each component is wholly contained within a Part identified as Parts A through BB. 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, includ- ing 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 Intentionally Omitted PART B Intentionally Omitted PART C Intentionally Omitted PART D Section 1. Section 399-l of the vehicle and traffic law, as added by chapter 751 of the laws of 2005, is amended to read as follows: S 399-l. Application. Applicants for participation in the pilot program established pursuant to this article shall be among those acci- dent prevention course sponsoring agencies that have a course approved by the commissioner pursuant to article twelve-B of this title prior to the effective date of this article and which deliver such course to the public. Provided, however, the commissioner may, in his or her discretion, approve applications after such date. In order to be approved for participation in such pilot program, the course must comply with the provisions of law, rules and regulations applicable thereto. The commissioner may, in his or her discretion, impose a fee for the submission of each application to participate in the pilot program established pursuant to this article. Such fee shall not exceed seven thousand five hundred dollars. The proceeds from such fee shall be deposited [in the accident prevention course internet technology pilot program fund as established by section eighty-nine-g of the state finance law] BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB- S. 6408--C 4 A. 9008--C LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTABLISHED IN THIS SECTION. S 2. Subdivision 2 of section 89-g of the state finance law is REPEALED and subdivisions 3 and 4 are renumbered subdivisions 2 and 3. S 3. Section 5 of chapter 751 of the laws of 2005, amending the insur- ance 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 E of chapter 57 of the laws of 2014, is amended to read as follows: S 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 [May 31, 2019] APRIL 1, 2020; provided that any rules and regulations neces- sary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date. S 4. Paragraph a of subdivision 5 of section 410 of the vehicle and traffic law, as amended by section 16 of part G of chapter 59 of the laws of 2009, is amended to read as follows: a. The annual fee for registration or reregistration of a motorcycle shall be eleven dollars and fifty cents. Beginning April first, nine- teen hundred ninety-eight the annual fee for registration or reregistra- tion of a motorcycle shall be seventeen dollars and fifty cents, of which two dollars and fifty cents shall be deposited BY THE COMPTROLLER into the [motorcycle safety fund established pursuant to section nine- ty-two-g of the state finance law] SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB- LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTABLISHED IN THIS SECTION. S 5. Paragraph (c-1) of subdivision 2 of section 503 of the vehicle and traffic law, as added by chapter 435 of the laws of 1997, is amended to read as follows: (c-1) In addition to the fees established in paragraphs (b) and (c) of this subdivision, a fee of fifty cents for each six months or portion thereof of the period of validity shall be paid upon the issuance of any permit, license or renewal of a license which is valid for the operation of a motorcycle, except a limited use motorcycle. Fees collected pursu- ant to this paragraph shall be deposited BY THE COMPTROLLER into the [motorcycle safety fund established pursuant to section ninety-two-g of the state finance law] SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTAB- LISHED IN THIS SECTION. S 6. Subdivision 2 of section 92-g of the state finance law is REPEALED and subdivisions 3 and 4 are renumbered subdivisions 2 and 3. S 7. Section 92-g of the state finance law is REPEALED. S 8. Section 317 of the vehicle and traffic law is amended by adding a new subdivision 5 to read as follows: 5. ALL ASSESSMENTS CHARGED AND COLLECTED BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW. S 9. Paragraph (b) of subdivision 1-a of section 318 of the vehicle and traffic law, as amended by section 1-b of part A of chapter 63 of the laws of 2005, is amended to read as follows: (b) Notwithstanding the provisions of paragraph (a) of this subdivi- sion, an order of suspension issued pursuant to paragraph (a) or (e) of S. 6408--C 5 A. 9008--C this subdivision may be terminated if the registrant pays to the commis- sioner a civil penalty in the amount of eight dollars for each day up to thirty days for which financial security was not in effect, plus ten dollars for each day from the thirty-first to the sixtieth day for which financial security was not in effect, plus twelve dollars for each day from the sixty-first to the ninetieth day for which financial security was not in effect. Of each eight dollar penalty, six dollars will be deposited in the general fund and two dollars in the [miscellaneous special revenue fund - compulsory insurance account] SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTABLISHED IN THIS SECTION. Of each ten dollar penalty collected, six dollars will be deposited in the general fund, two dollars will be deposited in the [miscellaneous special revenue fund - compulsory insurance account] SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTABLISHED IN THIS SECTION, and two dollars shall be deposited in the dedicated highway and bridge trust fund established pursuant to section eighty-nine-b of the state finance law and the dedicated mass transportation fund established pursuant to section eighty-nine-c of the state finance law and distributed according to the provisions of subdi- vision (d) of section three hundred one-j of the tax law. Of each twelve dollar penalty collected, six dollars will be deposited into the general fund, two dollars will be deposited into the [miscellaneous special revenue fund - compulsory insurance account] SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTABLISHED IN THIS SECTION, and four dollars shall be deposited in the dedicated highway and bridge trust fund established pursuant to section eighty-nine-b of the state finance law and the dedi- cated mass transportation fund established pursuant to section eighty- nine-c of the state finance law and distributed according to the provisions of subdivision (d) of section three hundred one-j of the tax law. The foregoing provision shall apply only once during any thirty-six month period and only if the registrant surrendered the certificate of registration and number plates to the commissioner not more than ninety days from the date of termination of financial security or submits to the commissioner new proof of financial security which took effect not more than ninety days from the termination of financial security. S 10. Section 423-a of the vehicle and traffic law is amended by adding a new subdivision 6 to read as follows: 6. ALL FUNDS COLLECTED FROM THE DEPARTMENT'S SHARE OF THE SALE OF ASSETS PURSUANT TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW. S 11. Paragraph (a) of subdivision 3 of section 89-b of the state finance law, as amended by section 8 of part C of chapter 57 of the laws of 2014, is amended to read as follows: (a) The special obligation reserve and payment account shall consist (i) of all moneys required to be deposited in the dedicated highway and bridge trust fund pursuant to the provisions of sections two hundred five, two hundred eighty-nine-e, three hundred one-j, five hundred fifteen and eleven hundred sixty-seven of the tax law, section four hundred one of the vehicle and traffic law, and section thirty-one of S. 6408--C 6 A. 9008--C chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all fees, fines or penalties collected by the commissioner of transportation AND THE COMMISSIONER OF MOTOR VEHICLES pursuant to section fifty-two, section three hundred twenty-six, section eighty-eight of the highway law, subdivision fifteen of section three hundred eighty-five, SECTION FOUR HUNDRED TWENTY-THREE-A, SECTION FOUR HUNDRED TEN, SECTION THREE HUNDRED SEVENTEEN, SECTION THREE HUNDRED EIGHTEEN, ARTICLE TWELVE-C, AND PARAGRAPH (C-1) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THREE of the vehicle and traffic law, section two of the chapter of the laws of two thousand three that amended this paragraph, subdivision (d) of section three hundred four-a, paragraph one of subdivision (a) and subdivision (d) of section three hundred five, subdivision six-a of section four hundred fifteen and subdivision (g) of section twenty-one hundred twen- ty-five of the vehicle and traffic law, section fifteen of this chapter, excepting moneys deposited with the state on account of betterments performed pursuant to subdivision twenty-seven or subdivision thirty- five of section ten of the highway law, and sections ninety-four, one hundred thirty-five, [one hundred forty-four] and one hundred forty-five of the transportation law, (iii) any moneys collected by the department of transportation for services provided pursuant to agreements entered into in accordance with section ninety-nine-r of the general municipal law, and (iv) any other moneys collected therefor or credited or trans- ferred thereto from any other fund, account or source. S 12. Paragraph (a) of subdivision 3 of section 89-b of the state finance law, as amended by section 9 of part C of chapter 57 of the laws of 2014, is amended to read as follows: (a) The special obligation reserve and payment account shall consist (i) of all moneys required to be deposited in the dedicated highway and bridge trust fund pursuant to the provisions of sections two hundred eighty-nine-e, three hundred one-j, five hundred fifteen and eleven hundred sixty-seven of the tax law, section four hundred one of the vehicle and traffic law, and section thirty-one of chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all fees, fines or penalties collected by the commissioner of transportation AND THE COMMISSIONER OF MOTOR VEHICLES pursuant to section fifty-two, section three hundred twenty-six, section eighty-eight of the highway law, subdivision fifteen of section three hundred eighty-five, SECTION FOUR HUNDRED TWENTY-THREE-A, SECTION FOUR HUNDRED TEN, SECTION THREE HUNDRED SEVENTEEN, SECTION THREE HUNDRED EIGHTEEN, ARTICLE TWELVE-C, AND PARA- GRAPH (C-1) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THREE of the vehicle and traffic law, section fifteen of this chapter, excepting moneys deposited with the state on account of betterments performed pursuant to subdivision twenty-seven or subdivision thirty-five of section ten of the highway law, and sections ninety-four, one hundred thirty-five, [one hundred forty-four] and one hundred forty-five of the transportation law, (iii) any moneys collected by the department of transportation for services provided pursuant to agreements entered into in accordance with section ninety-nine-r of the general municipal law, and (iv) any other moneys collected therefor or credited or transferred thereto from any other fund, account or source. S 13. This act shall take effect immediately; provided, however, that section seven of this act shall take effect April 1, 2020; provided further, however, that the amendments to section 399-1 of the vehicle and traffic law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith; and provided further, however, that the amendments to paragraph (a) of S. 6408--C 7 A. 9008--C subdivision 3 of section 89-b of the state finance law made by section eleven of this act shall be subject to the expiration and reversion of such paragraph pursuant to section 13 of part U1 of chapter 62 of the laws of 2003, as amended, when upon such date the provisions of section twelve of this act shall take effect. PART E Section 1. Subparagraph (vi) of paragraph (b) of subdivision 2 of section 501 of the vehicle and traffic law is REPEALED. S 2. Subparagraph (i) of paragraph (b) of subdivision 4 of section 501-a of the vehicle and traffic law, as amended by chapter 36 of the laws of 2009, is amended to read as follows: (i) a personal use vehicle or a COVERED farm vehicle or a combination of such vehicles; S 3. Subdivision 7 of section 501-a of the vehicle and traffic law is REPEALED, subdivision 8 is renumbered subdivision 7, and a new subdivi- sion 8 is added to read as follows: 8. COVERED FARM VEHICLE. (A) A VEHICLE OR COMBINATION OF VEHICLES REGISTERED IN THIS STATE, WHICH (I) DISPLAYS A COVERED FARM VEHICLE DESIGNATION ISSUED BY THE COMMISSIONER, (II) IS OPERATED BY THE OWNER OR OPERATOR OF A FARM OR RANCH, OR AN EMPLOYEE OR FAMILY MEMBER OF AN OWNER OR OPERATOR OF A FARM OR RANCH, (III) IS USED TO TRANSPORT AGRICULTURAL COMMODITIES, LIVESTOCK, MACHINERY OR SUPPLIES TO OR FROM A FARM OR RANCH, (IV) IS NOT USED IN FOR-HIRE MOTOR CARRIER OPERATIONS, EXCLUSIVE OF OPERATION BY A TENANT PURSUANT TO A CROP SHARE FARM LEASE AGREEMENT TO TRANSPORT THE LANDLORD'S PORTION OF THE CROPS UNDER THAT AGREEMENT; AND (V) IS NOT USED FOR THE TRANSPORTATION OF HAZARDOUS MATERIALS. (B) A COVERED FARM VEHICLE WITH A GROSS VEHICLE WEIGHT OR GROSS VEHI- CLE WEIGHT RATING, WHICHEVER IS GREATER, OF MORE THAN TWENTY-SIX THOU- SAND POUNDS MAY ONLY BE OPERATED WITHIN ONE HUNDRED FIFTY AIR MILES OF THE FARM OR RANCH. (C) THE COMMISSIONER SHALL, BY REGULATION, DESIGNATE AN ENDORSEMENT OR ENDORSEMENTS FOR THE OPERATION OF COVERED FARM VEHICLES WITH A GROSS VEHICLE WEIGHT OR GROSS VEHICLE WEIGHT RATING OF MORE THAN TWENTY-SIX THOUSAND POUNDS. SUCH ENDORSEMENT OR ENDORSEMENTS SHALL BE REQUIRED TO OPERATE SUCH A COVERED FARM VEHICLE OR COMBINATION OF COVERED FARM VEHI- CLES. THE IDENTIFICATION AND SCOPE OF SUCH ENDORSEMENT OR ENDORSEMENTS SHALL, AT A MINIMUM, INCLUDE A DISTINCTION BETWEEN THE OPERATION OF A COVERED FARM VEHICLE HAVING A GROSS VEHICLE WEIGHT OR GROSS VEHICLE WEIGHT RATING OF MORE THAN TWENTY-SIX THOUSAND POUNDS AND THE OPERATION OF A COMBINATION OF COVERED FARM VEHICLES HAVING A GROSS VEHICLE WEIGHT OR GROSS VEHICLE WEIGHT RATING OF MORE THAN TWENTY-SIX THOUSAND POUNDS. (D) FOR THE PURPOSES OF THIS SUBDIVISION, THE GROSS VEHICLE WEIGHT OF A VEHICLE SHALL MEAN THE ACTUAL WEIGHT OF THE VEHICLE AND THE LOAD. S 4. Subparagraph (iv) of paragraph (b) of subdivision 2 of section 501 of the vehicle and traffic law, as added by chapter 173 of the laws of 1990, is amended to read as follows: (iv) P endorsement. Shall be required to operate a bus as defined in sections one hundred four and five hundred nine-a of this chapter OR ANY MOTOR VEHICLE WITH A GROSS VEHICLE WEIGHT OR GROSS VEHICLE WEIGHT RATING OF MORE THAN TWENTY-SIX THOUSAND POUNDS WHICH IS DESIGNED TO TRANSPORT PASSENGERS IN COMMERCE. FOR THE PURPOSES OF THIS SUBPARAGRAPH THE GROSS VEHICLE WEIGHT OF A VEHICLE SHALL MEAN THE ACTUAL WEIGHT OF THE VEHICLE AND THE LOAD. S. 6408--C 8 A. 9008--C S 5. This act shall take effect on the ninetieth day after it shall have become a law. PART F 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 M of chapter 58 of the laws of 2015, 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, [2016] 2017. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2016. PART G 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 New York state urban development corporation to make loans, as amended by section 1 of part N of chapter 58 of the laws of 2015, is amended to read as follows: S 2. This act shall take effect immediately provided, however, that section one of this act shall expire on July 1, [2016] 2017, 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. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. PART H Section 1. This act shall be known and may be cited as the "Transfor- mational Economic Development Infrastructure and Revitalization Projects act". S 2. Definitions. For the purposes of this act, the following terms shall have the following meanings: 1. "Transformational Economic Development Infrastructure and Revitali- zation Projects act" or "projects" shall mean projects in the county of New York related to the Jacob K. Javits Convention Center, the Empire Station Complex, the James A. Farley Redevelopment, or the Pennsylvania Station New York Redevelopment. The term "project" shall refer to any of these construction projects. 2. "Authorized entity" shall mean the New York State Urban Development Corporation, the New York Convention Center Development Corporation, and/or their subsidiaries. 3. "Best value" shall mean the basis for awarding contracts for services to the bidder that optimize quality, cost and efficiency, price and performance criteria, which may include, but is not limited to: (a) The quality of the contractor's performance on previous projects; (b) The timeliness of the contractor's performance on previous projects; S. 6408--C 9 A. 9008--C (c) The level of customer satisfaction with the contractor's perform- ance on previous projects; (d) The contractor's record of performing previous projects on budget and ability to minimize cost overruns; (e) The contractor's ability to limit change orders; (f) The contractor's ability to prepare appropriate project plans; (g) The contractor's technical capacities; (h) The individual qualifications of the contractor's key personnel; (i) The contractor's ability to assess and manage risk and minimize risk impact; and (j) The contractor's past record of encouraging women and minority- owned business enterprise participation and compliance with article 15-A of the executive law. Such basis shall reflect, wherever possible, objective and quantifi- able analysis. 4. "Design-build contract" shall mean, in conformity with the require- ments of this act, a contract for the design and construction of the projects with a single entity, which may be a team comprised of separate entities. 5. "Procurement record" shall mean documentation of the decisions made and the approach taken in the procurement process. 6. "Project labor agreement" shall mean a pre-hire collective bargain- ing agreement between a contractor and a bona fide building and construction trade labor organization establishing the labor organiza- tion as the collective bargaining representative for all persons who will perform work on the project, and which provides that only contrac- tors and subcontractors who sign a pre-negotiated agreement with the labor organization can perform project work. S 3. Notwithstanding section 103 of the general municipal law or section 135 of the state finance law or the provisions of any other law to the contrary, in conformity with the requirements of this act, and only when a project labor agreement is performed, the authorized entity may utilize the alternative delivery method referred to as a design- build contract for the project. The authorized entity shall ensure that its procurement record reflects the design-build contract process authorized by this act if utilized and applicable. S 4. An entity selected by the authorized entity to enter into a design-build contract for the project shall be selected through a two- step method, as follows: 1. Step one. Generation of a list of entities that have demonstrated the general capability to perform a design-build contract for the project. Such list shall consist of a specified number of entities, as determined by the authorized entity, and shall be generated based upon the authorized entity's review of responses to a publicly advertised request for qualifications for the project. The authorized entity's request for qualifications for the project shall include a general description of the project, the maximum number of entities to be included on the list, and the selection criteria to be used in generat- ing the list. Such selection criteria shall include the qualifications and experience of the design and construction team, organization, demon- strated responsibility, ability of the team or of a member or members of the team to comply with applicable requirements, including the provisions of articles 145, 147 and 148 of the education law, past record of compliance with the labor law including prevailing wage requirements under state and federal law; the past record of compliance with existing labor standards and maintaining harmonious labor S. 6408--C 10 A. 9008--C relations; the record of protecting the health and safety of workers on public works projects and job sites as demonstrated by the experience modification rate for each of the last three years; the prospective bidder's ability to undertake the particular type and complexity of work; the financial capability, responsibility and reliability of the prospective bidder for such type and complexity of work; the prospective bidder's compliance with equal employment opportunity requirements and anti-discrimination laws, and demonstrated commitment to working with minority and women-owned businesses through joint ventures or subcon- tractor relationships; whether or not the prospective bidder or a person or entity with an interest of at least ten per centum in the prospective bidder, is debarred for having disregarded obligations to employees under the Davis-Bacon Act pursuant to 40 U.S.C. 3144 and 29 C.F.R. 5.12 and such other qualifications the authorized entity deems appropriate which may include but are not limited to project understanding, finan- cial capability and record of past performance. The authorized entity shall evaluate and rate all entities responding to the request for qual- ifications. Based upon such ratings, the authorized entity shall list the entities that shall receive a request for proposals in accordance with subdivision two of this section. To the extent consistent with applicable federal law, the authorized entity shall consider, when awarding any contract pursuant to this section, the participation of: (a) firms certified pursuant to article 15-A of the executive law as minority or women-owned businesses and the ability of other businesses under consideration to work with minority and women-owned businesses so as to promote and assist participation by such businesses; and (b) small business concerns identified pursuant to subdivision (b) of section 139-g of the state finance law. 2. Step two. Selection of the proposal which is the best value to the authorized entity. The authorized entity shall issue a request for proposals for the project to the entities listed pursuant to subdivision one of this section. If such an entity consists of a team of separate entities, the entities that comprise such a team must remain unchanged from the entity as listed pursuant to subdivision one of this section unless otherwise approved by the authorized entity. The request for proposals for the project shall set forth the project's scope of work, and other requirements, as determined by the authorized entity includ- ing, but not limited to, requiring either (a) a lump sum price or (b) a fee for any preliminary professional services together with a specific methodology for determining a cost-plus not to exceed guaranteed maximum price for the balance of work that will be completed pursuant to the design-build contract following the completion of any preliminary professional services related to the project as long as any construction work on the project is awarded by the contractor on a competitive basis which is approved by the authorized entity. The request for proposals shall specify the criteria to be used to evaluate the responses and the relative weight of each such criteria. Such criteria shall include the proposal's cost, the quality of the proposal's solution, the qualifica- tions and experience of the design-build entity, and other factors deemed pertinent by the authorized entity, which may include, but shall not be limited to, the proposal's project implementation, ability to complete the work in a timely and satisfactory manner, maintenance costs of the completed project, maintenance of traffic approach, and community impact. Any contract awarded pursuant to this act shall be awarded to a responsive and responsible entity that submits the proposal, which, in consideration of these and other specified criteria deemed pertinent to S. 6408--C 11 A. 9008--C the project, offers the best value to the authorized entity, as deter- mined by the authorized entity. Nothing in this act shall be construed to prohibit the authorized entity from negotiating final contract terms and conditions including cost. 3. The design-build contract may be awarded to the contractor offering the best value: (a) Utilizing a cost-plus not to exceed guaranteed maximum price form of contract in which the authorized entity shall be entitled to monitor and audit all project costs. In establishing the schedule and process for determining a guaranteed maximum price, the contract between the authorized entity and the contractor shall: (i) describe the scope of the work and the cost of performing such work; (ii) include a detailed line item cost breakdown; (iii) include a list of all drawings, specifications and other infor- mation on which the guaranteed maximum price is based; (iv) include the dates for substantial and final completion on which the guaranteed maximum price is based; and (v) include a schedule of unit prices; (b) Utilizing a lump sum contract in which the contractor agrees to accept a set dollar amount for a contract which comprises a single bid without providing a cost breakdown for all costs such as for equipment, labor, materials, as well as such contractor's profit for completing all items of work comprising the project; or (c) The design-build contract may include both lump sum and cost-plus not to exceed guaranteed maximum price, and also may provide for profes- sional services on a fee-for-service basis. 4. Notwithstanding the foregoing provisions of this section, an enti- ty selected by the authorized entity to enter into a design-build contract for this project shall determine, before awarding any contracts authorized by this act, whether the bidder, or a person or entity with an interest of at least ten per centum in the bidder, is included in the published list of debarred contractors pursuant to 40 U.S.C. 3144 and 29 C.F.R. 5.12, for having disregarded obligations to employees under the Davis Bacon Act, and the bidder's inclusion on such list must be taken into consideration in deciding whether the bidder is awarded any contract. S 5. Any contract entered into pursuant to this act shall include a clause requiring that any professional services regulated by articles 145, 147 and 148 of the education law shall be performed and stamped and sealed, where appropriate, by a professional licensed in accordance with such articles. S 6. The construction, demolition, reconstruction, excavation, reha- bilitation, repair, renovation of the project undertaken by the author- ized entity pursuant to this act shall be deemed a "public work" to be performed in accordance with the provisions of article 8 of the labor law, as well as subject to sections 200, 240, 241 and 242 of the labor law and enforcement of prevailing wage requirements by the New York state department of labor. S 7. A project labor agreement shall be included as a requirement in the request for proposals for the project, provided that, based upon a study done by or for the authorized entity, the authorized entity deter- mines that its interests are best met by requiring a project labor agreement. The authorized entity shall conduct such a study and the project labor agreement shall be performed consistent with the provisions of section 222 of the labor law. If a project labor agree- S. 6408--C 12 A. 9008--C ment is performed on the project the authorized entity may utilize a design-build contract for the project and section 135 of the state finance law shall not apply to the project. If a project labor agree- ment is not performed on the project the authorized entity shall not utilize a design-build contract for the project and sections 101 and 103 of the general municipal law and section 135 of the state finance law shall apply to the project. S 8. Each contract entered into by the authorized entity pursuant to this act shall comply, whenever practical, with the objectives and goals of minority and women-owned business enterprises pursuant to article 15-A of the executive law or, if the project receives federal aid, shall comply with applicable federal requirements for disadvantaged business enterprises. S 9. The project undertaken by the authorized entity pursuant to this act shall be subject to the requirements of article 8 of the environ- mental conservation law, and, where applicable, the requirements of the national environmental policy act. S 10. The submission of a proposal or responses or the execution of a design-build contract pursuant to this act shall not be construed to be a violation of section 6512 of the education law. S 11. Nothing contained in this act shall limit the right or obli- gation of the authorized entity to comply with the provisions of any existing contract, including any existing contract with or for the bene- fit of the holders of the obligations of the authorized entity, or to award contracts as otherwise provided by law. S 12. This act shall take effect immediately and shall expire and be deemed repealed 3 years after such date, provided that, projects with requests for qualifications issued prior to such repeal shall be permit- ted to continue under this act notwithstanding such repeal. PART I Section 1. Notwithstanding any law to the contrary, the comptroller is hereby authorized and directed to receive for deposit to the credit of the general fund the amount of up to $913,000 from the New York state energy research and development authority. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. PART J 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, the zero emissions vehi- cle and electric vehicle rebate 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 $19,700,000 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 which may be charged to any gas corporation and any electric corporation shall not S. 6408--C 13 A. 9008--C exceed one cent per one thousand cubic feet of gas sold and .010 cent per kilowatt-hour of electricity sold by such corporations in their intrastate utility operations in calendar year 2014. 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, 2016 and such amounts shall be paid to the New York state energy research and development authority on or before September 10, 2016. Upon receipt, the New York state energy research and development authority shall deposit such funds in the ener- gy 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 $1 million to the state general fund for services and expenses of the department of environmental conservation and to transfer $750,000 to the University of Rochester laboratory for laser energetics 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 presi- dent and chief executive officer of the authority, or his or her desig- nee, 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 encom- passing 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 secre- taries 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 elec- tric corporations, in a manner to be determined by the department of public service. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. PART K Section 1. Notwithstanding any other law, rule or regulation to the contrary, 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. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. PART L S. 6408--C 14 A. 9008--C Section 1. Paragraph (c) of subdivision 12 of section 66 of the public service law, as amended by chapter 162 of the laws of 1998, is amended to read as follows: (c) For the purpose of this subdivision, "major changes" shall mean an increase in the rates and charges which would increase the aggregate revenues of the applicant more than the greater of three hundred thou- sand dollars or two and one-half percent, but shall not include changes in rates, charges or rentals (I) allowed to go into effect by the commission or made by the utility pursuant to an order of the commission after hearings held upon notice to the public, OR (II) PROPOSED BY A MUNICIPALITY. S 2. This act shall take effect immediately. PART M Section 1. Section 2 of chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, as amended by section 1 of part T of chapter 58 of the laws of 2015, is amended to read as follows: S 2. This act shall take effect immediately, provided however, that section one of this act shall be deemed to have been in full force and effect on and after April 1, 2003 and shall expire March 31, [2016] 2017. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 31, 2016. PART N Intentionally Omitted PART O Section 1. Subdivision 2 of section 1010 of the general business law, as added by a chapter of the laws of 2016 amending the general business law and other laws relating to authorized combative sports, as proposed in legislative bill numbers S.5949-A and A.2604-C, is amended to read as follows: 2. Any professional applying for a license or renewal of a license to participate in combative sports under this article shall undergo a comprehensive physical examination including clinical neurological exam- inations by a physician approved by the commission. If, at the time of such examination, there is any indication of brain injury, or for any other reason the physician deems it appropriate, the professional shall be required to undergo further neurological examinations by a neurolo- gist including magnetic resonance imaging or other medically equivalent procedures. The commission shall not issue a license to a professional until such examinations are completed and reviewed by the commission. The results of all such examinations herein required shall become a part of the professional's permanent medical record as maintained by the commission. The costs of all such examinations [for professional boxers shall be assumed by the state if such examinations are performed by a physician or neurologist approved by the commission; the costs of all such examinations for professional mixed martial arts participants] shall be assumed by the applicant or promoter with which the profes- S. 6408--C 15 A. 9008--C sional [mixed martial arts participant] is affiliated, regardless of provider. S 2. Section 11 of a chapter of the laws of 2016 amending the general business law and other laws relating to authorized combative sports, as proposed in legislative bill numbers S.5949-A and A.2604-C, is amended to read as follows: S 11. This act shall take effect on the first day of the first month next succeeding the one hundred twentieth day after it shall have become a law and shall apply to gross receipts from combative sports held on or after that date; provided, however, that: (A) the addition, amendment and/or repeal of any rule or regulation of the state athletic commission necessary for the implementation of this act on its effective date is authorized to be made on or before such effective date; (B) SECTION 1003 OF THE GENERAL BUSINESS LAW, AS ADDED BY SECTION TWO OF THIS ACT, SHALL TAKE EFFECT IMMEDIATELY; AND (C) NOTWITHSTANDING SECTION 1003 OF THE GENERAL BUSINESS LAW, AS ADDED BY SECTION TWO OF THIS ACT, THE COMMISSIONERS APPOINTED TO THE COMMIS- SION REPEALED BY THIS ACT MAY CONTINUE TO SERVE AS COMMISSIONERS ON THE COMMISSION CREATED BY THIS ACT, AND THEIR TERMS SHALL CONTINUE UNINTER- RUPTED BY SUCH REPEAL. S 3. This act shall take effect immediately, provided, however that section one of this act shall take effect on the same date and in the same manner as a chapter of the laws of 2016 amending the general busi- ness law and other laws relating to authorized combative sports, as proposed in legislative bill numbers S.5949-A and A.2604-C, as amended, takes effect. PART P 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 X of chapter 57 of the laws of 2014, is amended to read as follows: S 2. This act shall take effect immediately and shall expire and be deemed repealed on July 1, [2016] 2018; 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. S 2. This act shall take effect immediately. PART Q Intentionally Omitted PART R Intentionally Omitted PART S Section 1. Section 258-aa and article 25 of the agriculture and markets law are REPEALED. S. 6408--C 16 A. 9008--C S 2. Section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, is amended by adding three new sections 16-x, 16-y and 16-z to read as follows: S 16-X. DAIRY PROMOTION ACT. 1. DECLARATION OF POLICY. (A) IT IS HERE- BY DECLARED THAT THE MISSION OF THE CORPORATION IS TO PROMOTE A VIGOROUS AND GROWING STATE ECONOMY. IN IMPLEMENTING THIS MISSION, THE CORPORATION HAS UNDERTAKEN A VIGOROUS CAMPAIGN TO MARKET THE STATE'S ASSETS AND, BY CARRYING OUT THE PROVISIONS OF THIS SECTION, WOULD FURTHER THIS MISSION BY PROMOTING THE STATE'S DAIRY INDUSTRY. (B) IT IS FURTHER DECLARED THAT THE CONTINUED EXISTENCE OF THE STATE DAIRY INDUSTRY, AND THE CONTINUED PRODUCTION OF MILK ON THE FARMS OF THIS STATE, IS OF VAST ECONOMIC IMPORTANCE TO THE STATE AND TO THE HEALTH AND WELFARE OF THE INHABITANTS THEREOF; THAT IT IS ESSENTIAL, IN ORDER TO ASSURE SUCH CONTINUED PRODUCTION OF MILK AND ITS HANDLING AND DISTRIBUTION, THAT PRICES TO PRODUCERS BE SUCH AS TO RETURN REASONABLE COSTS OF PRODUCTION, AND AT THE SAME TIME TO ASSURE AN ADEQUATE SUPPLY OF MILK AND DAIRY PRODUCTS TO CONSUMERS AT REASONABLE PRICES; AND TO THESE ENDS IT IS ESSENTIAL THAT CONSUMERS AND OTHERS BE ADEQUATELY INFORMED AS TO THE DIETARY NEEDS AND ADVANTAGES OF MILK AND DAIRY PRODUCTS AND AS TO THE ECONOMIES RESULTING FROM THE USE OF MILK AND DAIRY PRODUCTS, AND TO COMMAND FOR MILK AND DAIRY PRODUCTS, CONSUMER ATTENTION AND DEMAND CONSISTENT WITH THEIR IMPORTANCE AND VALUE. IT IS FURTHER DECLARED THAT CONTINUED DECLINE IN THE CONSUMPTION OF FLUID MILK AND SOME OTHER DAIRY PRODUCTS WILL JEOPARDIZE THE PRODUCTION OF ADEQUATE SUPPLIES OF MILK AND DAIRY PRODUCTS BECAUSE OF INCREASING SURPLUSES NECESSARILY RETURNING LESS TO PRODUCERS; AND THAT CONTINUED ADEQUATE SUPPLIES OF MILK AND DAIRY PRODUCTS IS A MATTER OF VITAL CONCERN AS AFFECTING THE HEALTH AND GENERAL WELFARE OF THE PEOPLE OF THIS STATE. IT IS THEREFORE DECLARED TO BE THE LEGISLATIVE INTENT AND POLICY OF THE STATE: (I) TO ENABLE MILK PRODUCERS AND OTHERS IN THE DAIRY INDUSTRY, WITH THE AID OF THE STATE, TO MORE EFFECTIVELY PROMOTE THE CONSUMPTION OF MILK AND DAIRY PRODUCTS, (II) TO PROVIDE METHODS AND MEANS FOR THE DEVELOPMENT OF NEW AND IMPROVED DAIRY PRODUCTS, AND TO PROMOTE THEIR USE, AND (III) TO THIS END, TO ELIMINATE THE POSSIBLE IMPAIRMENT OF THE PURCHASING POWER OF THE MILK PRODUCERS OF THIS STATE AND TO ASSURE AN ADEQUATE SUPPLY OF MILK FOR CONSUMERS AT REASONABLE PRICES. 2. DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "PRESIDENT" MEANS THE PRESIDENT OF THE CORPORATION. (B) "DAIRY PRODUCTS" MEANS MILK AND PRODUCTS DERIVED THEREFROM, AND PRODUCTS OF WHICH MILK OR A PORTION THEREOF IS A SIGNIFICANT PART. (C) "PRODUCER" MEANS ANY PERSON IN THIS STATE WHO IS ENGAGED IN THE PRODUCTION OF MILK OR WHO CAUSES MILK TO BE PRODUCED FOR ANY MARKET IN THIS OR ANY OTHER STATE. (D) "ADVISORY BOARD" MEANS THE PERSONS APPOINTED BY THE COMMISSIONER FROM NOMINATIONS FROM PRODUCERS TO ASSIST THE PRESIDENT IN ADMINISTERING A DAIRY PROMOTION ORDER. (E) "MILK DEALER" MEANS ANY PERSON WHO PURCHASES OR HANDLES OR RECEIVES OR SELLS MILK, INCLUDING INDIVIDUALS, PARTNERSHIPS, CORPO- RATIONS, COOPERATIVE ASSOCIATIONS, AND UNINCORPORATED COOPERATIVE ASSO- CIATIONS. (F) "DAIRY PROMOTION ORDER" MEANS AN ORDER ISSUED BY THE PRESIDENT, PURSUANT TO THE PROVISIONS OF THIS SECTION. S. 6408--C 17 A. 9008--C (G) "COOPERATIVE" MEANS AN ASSOCIATION OR FEDERATION OR COOPERATIVE OF MILK PRODUCERS ORGANIZED UNDER THE LAWS OF NEW YORK STATE, OR ANY OTHER STATE, HAVING AGREEMENTS WITH THEIR PRODUCER MEMBERS TO MARKET, BARGAIN FOR OR SELL THE MILK OF SUCH PRODUCERS, AND IS ACTUALLY PERFORMING ONE OR MORE OF THESE SERVICES IN THE MARKETING OF THE MILK PRODUCED BY THEIR MEMBERS, THROUGH THE COOPERATIVE OR THROUGH A FEDERATION OF MILK COOPER- ATIVES IN WHICH THE COOPERATIVE HAS MEMBERSHIP. (H) "STATE" MEANS THE STATE OF NEW YORK. (I) "DEPARTMENT" MEANS THE NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS. (J) "COMMISSIONER" MEANS THE COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS. 3. POWERS AND DUTIES OF THE PRESIDENT. (A) THE PRESIDENT SHALL ADMIN- ISTER AND ENFORCE THE PROVISIONS OF THIS SECTION. IN ORDER TO EFFECTUATE THE DECLARED POLICY OF THIS SECTION THE PRESIDENT, IN CONSULTATION WITH THE COMMISSIONER AND PRODUCERS, MAY, AFTER DUE NOTICE AND HEARING, MAKE AND ISSUE A DAIRY PROMOTION ORDER, OR ORDERS. (B) SUCH ORDER OR ORDERS SHALL, IN CONSULTATION WITH THE COMMISSIONER AND PRODUCERS, BE ISSUED AND AMENDED OR TERMINATED IN ACCORDANCE WITH THE FOLLOWING PROCEDURES: (I) BEFORE ANY SUCH ORDER MAY BECOME EFFECTIVE IT MUST BE APPROVED BY FIFTY-ONE PER CENTUM OF THE PRODUCERS OF MILK VOTING IN THE REFERENDUM FOR THE AREA TO BE REGULATED BY SUCH ORDER. SUCH REFERENDUM SHALL NOT CONSTITUTE VALID APPROVAL UNLESS FIFTY-ONE PER CENTUM OF ALL MILK PRODUCERS FOR THE AREA TO BE REGULATED VOTE IN THE REFERENDUM. PRODUCERS MAY VOTE BY INDIVIDUAL BALLOT OR THROUGH THEIR COOPERATIVES IN ACCORD- ANCE WITH THE FOLLOWING PROCEDURES: (A) COOPERATIVES MAY SUBMIT WRITTEN APPROVAL OF SUCH ORDER WITHIN A PERIOD OF ONE HUNDRED TWENTY DAYS AFTER THE PRESIDENT HAS ANNOUNCED A REFERENDUM ON A PROPOSED ORDER, FOR SUCH PRODUCERS WHO ARE LISTED AND CERTIFIED TO THE PRESIDENT AS MEMBERS OF SUCH COOPERATIVE; PROVIDED, HOWEVER, THAT ANY COOPERATIVE BEFORE SUBMITTING SUCH WRITTEN APPROVAL SHALL GIVE AT LEAST SIXTY DAYS PRIOR WRITTEN NOTICE TO EACH PRODUCER WHO IS ITS MEMBER, OF THE INTENTION OF THE COOPERATIVE TO APPROVE SUCH PROPOSED ORDER, AND FURTHER PROVIDE THAT IF SUCH COOPERATIVE DOES NOT INTEND TO APPROVE SUCH PROPOSED ORDER, IT SHALL LIKEWISE GIVE WRITTEN NOTICE TO EACH SUCH PRODUCER WHO IS ITS MEMBER, OF ITS INTENTION NOT TO APPROVE OF SUCH PROPOSED ORDER. (B) ANY PRODUCER MAY OBTAIN A BALLOT FROM THE PRESIDENT SO THAT HE OR SHE MAY REGISTER HIS OR HER OWN APPROVAL OR DISAPPROVAL OF THE PROPOSED ORDER. (C) A PRODUCER WHO IS A MEMBER OF A COOPERATIVE WHICH HAS NOTIFIED HIM OR HER OF ITS INTENT TO APPROVE OR NOT TO APPROVE OF A PROPOSED ORDER, AND WHO OBTAINS A BALLOT AND WITH SUCH BALLOT EXPRESSES HIS OR HER APPROVAL OR DISAPPROVAL OF THE PROPOSED ORDER, SHALL NOTIFY THE PRESI- DENT AS TO THE NAME OF THE COOPERATIVE OF WHICH HE OR SHE IS A MEMBER, AND THE PRESIDENT SHALL REMOVE SUCH PRODUCER'S NAME FROM THE LIST CERTI- FIED BY SUCH COOPERATIVE. (D) IN ORDER TO ENSURE THAT ALL MILK PRODUCERS ARE INFORMED REGARDING A PROPOSED ORDER, THE PRESIDENT SHALL NOTIFY ALL MILK PRODUCERS THAT AN ORDER IS BEING CONSIDERED AND THAT EACH PRODUCER MAY REGISTER HIS OR HER APPROVAL OR DISAPPROVAL WITH THE PRESIDENT EITHER DIRECTLY OR THROUGH HIS OR HER COOPERATIVE. (E) THE PRESIDENT SHALL CONSULT WITH THE MILK PRODUCERS AND ESTABLISH A REFERENDUM ADVISORY COMMITTEE TO ASSIST AND ADVISE HIM OR HER IN THE CONDUCT OF THE REFERENDUM. SUCH COMMITTEE SHALL REVIEW REFERENDUM PROCE- S. 6408--C 18 A. 9008--C DURES AND THE TABULATION OF RESULTS, AND SHALL ADVISE THE PRESIDENT OF ITS FINDINGS. THE FINAL CERTIFICATION OF THE REFERENDUM RESULTS SHALL BE MADE BY THE PRESIDENT. THE COMMITTEE SHALL BE SELECTED BY THE COMMIS- SIONER IN CONSULTATION WITH THE PRESIDENT, AND SHALL CONSIST OF NOT LESS THAN THREE MEMBERS, NONE OF WHOM SHALL BE PERSONS DIRECTLY AFFECTED BY THE PROMOTION ORDER BEING VOTED UPON. TWO MEMBERS SHALL BE REPRESEN- TATIVES OF GENERAL FARM ORGANIZATIONS WHICH ARE NOT DIRECTLY AFFECTED BY THE ORDER BEING VOTED UPON. THE MEMBERS OF THE COMMITTEE SHALL NOT RECEIVE A SALARY BUT SHALL BE ENTITLED TO ACTUAL AND REASONABLE EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES. (II) THE PRESIDENT, IN CONSULTATION WITH THE COMMISSIONER, MAY, AND UPON WRITTEN PETITION OF NOT LESS THAN TEN PER CENTUM OF THE PRODUCERS IN THE AREA, EITHER AS INDIVIDUALS OR THROUGH COOPERATIVE REPRESEN- TATION, SHALL, CALL A HEARING TO AMEND OR TERMINATE SUCH ORDER, AND ANY SUCH AMENDMENT OR TERMINATION SHALL BE EFFECTIVE ONLY UPON APPROVAL OF FIFTY-ONE PER CENTUM OF THE PRODUCERS OF MILK FOR THE AREA REGULATED PARTICIPATING IN A REFERENDUM VOTE AS PROVIDED PURSUANT TO THIS PARA- GRAPH. (C) THE PRESIDENT, CONSULTING WITH AND SEEKING THE ADVICE AND CONSENT OF THE ADVISORY BOARD, SHALL ADMINISTER AND ENFORCE ANY SUCH DAIRY PROMOTION ORDER WHILE IT IS IN EFFECT, FOR THE PURPOSE OF: (I) ENCOURAGING THE CONSUMPTION OF MILK AND DAIRY PRODUCTS BY ACQUAINTING CONSUMERS AND OTHERS WITH THE ADVANTAGES AND ECONOMY OF USING MORE OF SUCH PRODUCTS, (II) PROTECTING THE HEALTH AND WELFARE OF CONSUMERS BY ASSURING AN ADEQUATE SUPPLY OF MILK AND DAIRY PRODUCTS, (III) PROVIDING FOR RESEARCH PROGRAMS DESIGNED TO DEVELOP NEW AND IMPROVED DAIRY PRODUCTS, (IV) PROVIDING FOR RESEARCH PROGRAMS DESIGNED TO ACQUAINT CONSUMERS AND THE PUBLIC GENERALLY WITH THE EFFECTS OF THE USE OF MILK AND DAIRY PRODUCTS ON THE HEALTH OF SUCH CONSUMERS, (V) CARRYING OUT, IN OTHER WAYS, THE DECLARED POLICY AND INTENT OF THIS SECTION. 4. PROVISIONS OF DAIRY PROMOTION ORDERS. ANY DAIRY PROMOTION ORDER OR ORDERS MAY CONTAIN, AMONG OTHERS, ANY OR ALL OF THE FOLLOWING: (A) PROVISION FOR LEVYING AN ASSESSMENT AGAINST ALL PRODUCERS SUBJECT TO THE REGULATION FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF SUCH ORDER AND TO PAY THE COST OF ADMINISTERING AND ENFORCING SUCH ORDER. IN ORDER TO COLLECT ANY SUCH ASSESSMENTS, PROVISION SHALL BE MADE FOR EACH MILK DEALER WHO RECEIVES MILK FROM PRODUCERS TO DEDUCT THE AMOUNT OF ASSESSMENT FROM MONEYS OTHERWISE DUE TO PRODUCERS FOR THE MILK SO DELIV- ERED. THE RATE OF SUCH ASSESSMENT SHALL NOT EXCEED TWO PERCENT PER HUNDREDWEIGHT OF THE GROSS VALUE OF THE PRODUCERS' MILK, AND THERE MAY BE CREDITED AGAINST ANY SUCH ASSESSMENT THE AMOUNTS PER HUNDREDWEIGHT OTHERWISE PAID BY ANY PRODUCER COVERED BY THE ORDER BY VOLUNTARY CONTRIBUTION OR OTHERWISE PURSUANT TO ANY OTHER FEDERAL OR STATE MILK MARKET ORDER FOR ANY SIMILAR RESEARCH PROMOTION OR ADVERTISING PROGRAM. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION, THE PRESIDENT, UPON WRITTEN PETITION OF NO LESS THAN TWEN- TY-FIVE PERCENT OF PRODUCERS IN THE AREA, EITHER AS INDIVIDUALS OR THROUGH COOPERATIVE REPRESENTATION, AND IN CONSULTATION WITH THE COMMIS- SIONER, MAY CALL A HEARING FOR THE SOLE PURPOSE OF ESTABLISHING A NEW RATE OF ASSESSMENT HEREUNDER AND MAY SUBMIT A PROPOSED CHANGE IN THE RATE OF ASSESSMENT TO THE PRODUCERS FOR ACCEPTANCE OR REJECTION WITHOUT OTHERWISE AFFECTING THE ORDER. THE PRODUCERS IN THE AREA MAY VOTE ON THE PROPOSED RATE EITHER AS INDIVIDUALS OR THROUGH COOPERATIVE REPRESEN- S. 6408--C 19 A. 9008--C TATION. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS PARAGRAPH AND OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION, OR THE PROVISIONS OF ANY ORDER PROMULGATED PURSUANT TO THIS SECTION, THE RATE OF ASSESS- MENT, FOR ANY PERIOD DURING WHICH A DAIRY PRODUCTS PROMOTION AND RESEARCH ORDER ESTABLISHED PURSUANT TO THE FEDERAL DAIRY AND TOBACCO ADJUSTMENT ACT OF 1983 IS IN EFFECT, SHALL NOT BE LESS THAN AN AMOUNT EQUAL TO THE MAXIMUM CREDIT WHICH PRODUCERS PARTICIPATING IN THIS STATE'S DAIRY PRODUCTS PROMOTION OR NUTRITION EDUCATION PROGRAMS MAY RECEIVE PURSUANT TO SUBDIVISION (G) OF SEC. 113 OF SAID FEDERAL ACT. (B) PROVISION FOR PAYMENTS TO ORGANIZATIONS ENGAGED IN CAMPAIGNS BY ADVERTISEMENTS OR OTHERWISE, INCLUDING PARTICIPATION IN SIMILAR REGIONAL OR NATIONAL PLANS OR CAMPAIGNS TO PROMOTE THE INCREASED CONSUMPTION OF MILK AND DAIRY PRODUCTS, TO ACQUAINT THE PUBLIC WITH THE DIETARY ADVAN- TAGES OF MILK AND DAIRY PRODUCTS AND WITH THE ECONOMY OF THEIR INCLUSION IN THE DIET AND TO COMMAND, FOR MILK AND DAIRY PRODUCTS, CONSUMER ATTEN- TION CONSISTENT WITH THEIR IMPORTANCE AND VALUE. (C) PROVISION FOR PAYMENTS TO INSTITUTIONS OR ORGANIZATIONS ENGAGED IN RESEARCH LEADING TO THE DEVELOPMENT OF NEW OR IMPROVED DAIRY PRODUCTS OR RESEARCH WITH RESPECT TO THE VALUE OF MILK AND DAIRY PRODUCTS IN THE HUMAN DIET. (D) PROVISION FOR REQUIRING RECORDS TO BE KEPT AND REPORTS TO BE FILED BY MILK DEALERS WITH RESPECT TO MILK RECEIVED FROM PRODUCERS AND WITH RESPECT TO ASSESSMENTS ON THE MILK OF SUCH PRODUCERS. (E) PROVISION FOR THE AUDITING OF THE RECORDS OF SUCH MILK DEALERS FOR THE PURPOSE OF VERIFYING PAYMENT OF PRODUCER ASSESSMENTS. (F) PROVISION FOR AN ADVISORY BOARD PURSUANT TO SUBDIVISION 10 OF THIS SECTION. (G) PROVISION FOR THE PRESIDENT TO RETAIN MONEY COLLECTED UNDER ANY MARKETING ORDER ISSUED PURSUANT TO THIS SECTION, TO DEFRAY THE COSTS AND EXPENSES IN THE ADMINISTRATION THEREOF. (H) SUCH OTHER PROVISIONS AS MAY BE NECESSARY TO EFFECTUATE THE DECLARED POLICIES OF THIS SECTION. 5. MATTERS TO BE CONSIDERED. IN CARRYING OUT THE PROVISIONS OF THIS SECTION AND PARTICULARLY IN DETERMINING WHETHER OR NOT A DAIRY PROMOTION ORDER SHALL BE ISSUED, THE PRESIDENT, IN CONSULTATION WITH THE COMMIS- SIONER, SHALL TAKE INTO CONSIDERATION, AMONG OTHERS, FACTS AVAILABLE TO HIM OR HER WITH RESPECT TO THE FOLLOWING: (A) THE TOTAL PRODUCTION OF MILK IN THE AREA AND THE PROPORTION OF SUCH MILK BEING UTILIZED IN FLUID FORM AND IN OTHER PRODUCTS, (B) THE PRICES BEING RECEIVED FOR MILK BY PRODUCERS IN THE AREA, (C) THE LEVEL OF CONSUMPTION PER CAPITA FOR FLUID MILK AND OF OTHER DAIRY PRODUCTS, (D) THE PURCHASING POWER OF CONSUMERS, (E) OTHER PRODUCTS WHICH COMPETE WITH MILK AND DAIRY PRODUCTS AND PRICES OF SUCH PRODUCTS. 6. INTERSTATE ORDERS FOR COMPACTS. THE COMMISSIONER IS AUTHORIZED TO CONFER AND COOPERATE WITH THE LEGALLY CONSTITUTED AUTHORITIES OF OTHER STATES AND OF THE UNITED STATES WITH RESPECT TO THE ISSUANCE AND OPERA- TION OF JOINT AND CONCURRENT DAIRY PROMOTION ORDERS OR OTHER ACTIVITIES TENDING TO CARRY OUT THE DECLARED INTENT OF THE ACT. THE COMMISSIONER MAY JOIN WITH SUCH OTHER AUTHORITIES IN CONDUCTING JOINT INVESTIGATIONS, HOLDING JOINT HEARINGS AND ISSUING JOINT OR CONCURRENT ORDER OR ORDERS COMPLEMENTARY TO THOSE OF THE FEDERAL GOVERNMENT AND THE PRESIDENT, AFTER CONSULTING WITH THE COMMISSIONER, SHALL HAVE THE AUTHORITY TO EMPLOY OR DESIGNATE A JOINT AGENT OR JOINT AGENCIES TO CARRY OUT AND ENFORCE SUCH JOINT, CONCURRENT OR SUPPLEMENTARY ORDERS. S. 6408--C 20 A. 9008--C 7. PRIOR ASSESSMENTS. PRIOR TO THE EFFECTIVE DATE OF ANY DAIRY PROMOTION ORDER AS PROVIDED IN THIS SECTION, THE PRESIDENT, IN CONSULTA- TION WITH THE COMMISSIONER, MAY REQUIRE THAT COOPERATIVE ASSOCIATIONS WHICH HAVE PETITIONED FOR SUCH AN ORDER AND THAT HAVE APPROVED OF THE ISSUANCE OF SUCH AN ORDER, TO DEPOSIT WITH THE PRESIDENT SUCH AMOUNTS AS HE OR SHE MAY DEEM NECESSARY TO DEFRAY THE EXPENSE OF ADMINISTERING AND ENFORCING SUCH ORDER UNTIL SUCH TIME AS THE ASSESSMENTS AS HEREIN BEFORE PROVIDED ARE ADEQUATE FOR THAT PURPOSE. SUCH FUNDS SHALL BE RECEIVED, DEPOSITED AND DISBURSED BY THE PRESIDENT IN THE SAME MANNER AS OTHER FUNDS RECEIVED BY HIM OR HER PURSUANT TO THIS SECTION AND THE PRESIDENT SHALL REIMBURSE THOSE WHO PAID THESE PRIOR ASSESSMENTS FROM OTHER FUNDS RECEIVED BY HIM OR HER PURSUANT TO THIS SECTION. 8. STATUS OF FUNDS. ANY MONEYS COLLECTED UNDER ANY MARKET ORDER ISSUED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED TO BE STATE OR CORPORATION FUNDS AND SHALL BE DEPOSITED IN A BANK OR OTHER DEPOSITORY OF THE CORPO- RATION, APPROVED BY THE PRESIDENT, ALLOCATED TO EACH DAIRY PROMOTION ORDER UNDER WHICH THEY WERE COLLECTED, AND SHALL BE DISBURSED BY THE PRESIDENT ONLY FOR THE NECESSARY EXPENSES INCURRED BY THE PRESIDENT WITH RESPECT TO EACH SEPARATE ORDER, ALL IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE PRESIDENT. ALL SUCH EXPENSES SHALL BE SUBJECT TO AUDITS BY THE STATE COMPTROLLER. ANY MONEYS REMAINING IN SUCH FUND ALLOCABLE TO A PARTICULAR ORDER, AFTER THE TERMINATION OF SUCH ORDER AND NOT REQUIRED BY THE PRESIDENT TO DEFRAY THE EXPENSES OF OPERATING SUCH ORDER, MAY IN THE DISCRETION OF THE PRESIDENT BE REFUNDED ON A PRO-RATA BASIS TO ALL PERSONS FROM WHOM ASSESSMENTS THEREFOR WERE COLLECTED; PROVIDED, HOWEVER, THAT IF THE PRESIDENT FINDS THAT THE AMOUNTS SO REFUNDABLE ARE SO SMALL AS TO MAKE IMPRACTICABLE THE COMPUTATION AND REFUNDING OF SUCH MONEYS, THE PRESIDENT MAY USE SUCH MONEYS TO DEFRAY THE EXPENSES INCURRED BY HIM OR HER IN THE PROMULGATION, ISSUANCE, ADMINISTRATION OR ENFORCEMENT OF ANY OTHER SIMILAR DAIRY PROMOTION ORDER OR IN THE ABSENCE OF ANY OTHER SUCH DAIRY PROMOTION ORDER, THE PRESIDENT MAY PAY SUCH MONEYS TO ANY ORGANIZATION OR INSTITUTION AS PROVIDED IN PARAGRAPH (B) OR (C) OF SUBDIVISION FOUR OF THIS SECTION. 9. BUDGET. THE COMMISSIONER, IN CONSULTATION WITH THE PRESIDENT, SHALL PREPARE A BUDGET FOR THE ADMINISTRATION AND OPERATING COSTS AND EXPENSES INCLUDING ADVERTISING AND SALES PROMOTION WHEN REQUIRED IN ANY DAIRY PROMOTION ORDER EXECUTED HEREUNDER AND TO PROVIDE FOR THE COLLECTION OF SUCH NECESSARY FEES OR ASSESSMENTS TO DEFRAY COSTS AND EXPENSES, IN NO CASE TO EXCEED TWO PERCENT PER HUNDREDWEIGHT OF THE GROSS VALUE OF MILK MARKETED BY PRODUCERS IN THE AREA COVERED BY THE ORDER. 10. ADVISORY BOARD. (A) ANY DAIRY PROMOTION ORDER ISSUED PURSUANT TO THIS SECTION SHALL PROVIDE FOR THE ESTABLISHMENT OF AN ADVISORY BOARD TO ADVISE AND ASSIST THE PRESIDENT IN THE ADMINISTRATION OF SUCH ORDER. THE PRESIDENT SHALL ADMINISTER AND ENFORCE ANY SUCH DAIRY PROMOTION ORDER WHILE IT IS IN EFFECT, CONSULTING WITH THE ADVISORY BOARD AND SEEKING ITS ADVICE AND CONSENT. THIS BOARD SHALL CONSIST OF NOT LESS THAN FIVE MEMBERS AND SHALL BE APPOINTED BY THE COMMISSIONER FROM NOMI- NATIONS SUBMITTED BY PRODUCERS MARKETING MILK IN THE AREA TO WHICH THE ORDER APPLIES. NOMINATING PROCEDURE, QUALIFICATION, REPRESENTATION, AND SIZE OF THE ADVISORY BOARD SHALL BE PRESCRIBED IN THE ORDER FOR WHICH SUCH BOARD WAS APPOINTED. (B) NO MEMBER OF AN ADVISORY BOARD SHALL RECEIVE A SALARY BUT SHALL BE ENTITLED TO HIS OR HER ACTUAL AND REASONABLE EXPENSES INCURRED WHILE PERFORMING HIS OR HER DUTIES AS AUTHORIZED IN THIS SECTION. (C) THE DUTIES AND RESPONSIBILITIES OF THE ADVISORY BOARD SHALL BE PRESCRIBED BY THE PRESIDENT, IN CONSULTATION WITH THE COMMISSIONER, AND S. 6408--C 21 A. 9008--C HE OR SHE SHALL SPECIFICALLY DELEGATE TO THE ADVISORY BOARD, BY INCLU- SION IN THE DAIRY PROMOTION ORDER THE FOLLOWING DUTIES AND RESPONSIBIL- ITIES: (I) THE RECOMMENDATION TO THE PRESIDENT OF ADMINISTRATIVE RULES AND REGULATIONS RELATING TO THE ORDER. (II) RECOMMENDING TO THE PRESIDENT SUCH AMENDMENTS TO THE ORDER AS DEEMED ADVISABLE. (III) THE PREPARATION AND SUBMISSION TO THE COMMISSIONER, IN CONSULTA- TION WITH THE PRESIDENT, OF AN ESTIMATED BUDGET REQUIRED FOR THE PROPER OPERATION OF THE ORDER. (IV) RECOMMENDING TO THE PRESIDENT METHODS FOR ASSESSING PRODUCERS AND METHODS FOR COLLECTING THE NECESSARY FUNDS. (V) ASSISTING THE PRESIDENT IN THE COLLECTION AND ASSEMBLY OF INFORMA- TION AND DATA NECESSARY FOR THE PROPER ADMINISTRATION OF THE ORDER. (VI) THE PERFORMANCE OF SUCH OTHER DUTIES IN CONNECTION WITH THE ORDER AS THE PRESIDENT SHALL DESIGNATE. 11. RULES AND REGULATIONS; ENFORCEMENT. (A) THE PRESIDENT MAY, WITH THE ADVICE AND CONSENT OF THE ADVISORY BOARD, MAKE AND ISSUE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO EFFECTUATE THE PROVISIONS AND INTENT OF THIS SECTION AND TO ENFORCE THE PROVISIONS OF ANY DAIRY PROMOTION ORDER, ALL OF WHICH SHALL HAVE THE FORCE AND EFFECT OF LAW. (B) THE PRESIDENT, IN CONSULTATION WITH THE COMMISSIONER MAY INSTITUTE SUCH ACTION AT LAW OR IN EQUITY AS MAY APPEAR NECESSARY TO ENFORCE COMPLIANCE WITH ANY PROVISION OF THIS SECTION, OR ANY RULE OR REGU- LATION, OR DAIRY PROMOTION ORDER COMMITTED TO HIS OR HER ADMINISTRATION, AND MAY APPLY FOR RELIEF BY INJUNCTION IF NECESSARY TO PROTECT THE PUBLIC INTEREST WITHOUT BEING COMPELLED TO ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT LAW DOES NOT EXIST. SUCH APPLICATION SHALL BE MADE TO THE SUPREME COURT IN ANY DISTRICT OR COUNTY PROVIDED IN THE CIVIL PRAC- TICE LAW AND RULES, OR TO THE SUPREME COURT IN THE THIRD JUDICIAL DISTRICT. 12. COOPERATION BY THE DEPARTMENT. THE PRESIDENT MAY REQUEST AND RECEIVE, WITHIN NINETY DAYS OF SUCH REQUEST FROM THE DEPARTMENT SUCH ASSISTANCE, INFORMATION AND COOPERATION AS MAY BE NECESSARY FOR THE CORPORATION TO PROVIDE SERVICES WITH RESPECT TO THE ADMINISTRATION OF THE PROCEDURES SET FORTH FOR THE ISSUANCE, TERMINATION OR AMENDMENT OF ANY DAIRY PROMOTION ORDER AND/OR THE ADMINISTRATION OF ANY SUCH ORDER. THE CORPORATION SHALL RETAIN AN AMOUNT EQUAL TO THE EXPENSES INCURRED BY THE CORPORATION IN PERFORMING ITS DUTIES PURSUANT TO THIS SECTION AND REIMBURSE THE DEPARTMENT AN AMOUNT EQUAL TO THE EXPENSES INCURRED BY THE DEPARTMENT IN SUPPLYING SUCH SERVICES, SUBSEQUENT TO SUBMISSION AND AUDIT OF A VOUCHER THEREFOR. SUCH REIMBURSEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FUNDS COLLECTED BY THE CORPORATION PURSUANT TO THIS SECTION LESS THE REASONABLE EXPENSES INCURRED BY THE CORPORATION IN PERFORMING ITS DUTIES PURSUANT TO THIS SECTION. 13. INDEMNIFICATION. THE STATE SHALL DEFEND, INDEMNIFY AND HOLD HARM- LESS THE CORPORATION, ITS DIRECTORS, OFFICERS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, COSTS AND EXPENSES WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM, OR RELATING TO, THE ADMINISTRATION OF A DAIRY PROMOTION ORDER ISSUED OR ADMINISTERED PURSUANT TO THIS SECTION. IN CONNECTION WITH THE FOREGOING, THE CORPO- RATION SHALL GIVE THE STATE (A) PROMPT WRITTEN NOTICE OF ANY ACTION, CLAIM OR THREAT OF SUIT, (B) THE OPPORTUNITY TO TAKE OVER, SETTLE OR DEFEND SUCH ACTION, CLAIM OR SUIT AT THE STATE'S SOLE EXPENSE, AND (C) ASSISTANCE IN THE DEFENSE OF ANY SUCH ACTION AT THE EXPENSE OF THE STATE. S. 6408--C 22 A. 9008--C 14. CONTRACTUAL PROVISIONS. THE CORPORATION MAY CONTRACT FOR SERVICES WITH RESPECT TO THE IMPLEMENTATION OF THIS SECTION IN ACCORDANCE WITH THE CORPORATION'S POLICIES, PROCEDURES AND GUIDELINES. NOTWITHSTANDING SECTION 2879 OF THE PUBLIC AUTHORITIES LAW OR ANY OTHER LAW TO THE CONTRARY, ANY SUCH CONTRACT MAY BE PROCURED BY THE CORPORATION ON A SOLE-SOURCE BASIS, AND SHALL NOT BE SUBJECT TO COMPETITIVE BID OR COMPETITIVE REQUEST FOR PROPOSAL REQUIREMENTS. S 16-Y. MARKETING OF AGRICULTURAL PRODUCTS. DECLARATION OF POLICY. (A) IT IS HEREBY DECLARED THAT THE MISSION OF THE CORPORATION IS TO PROMOTE A VIGOROUS AND GROWING STATE ECONOMY. IN IMPLEMENTING THIS MISSION, THE CORPORATION HAS UNDERTAKEN A VIGOROUS CAMPAIGN TO MARKET THE STATE'S ASSETS AND BY CARRYING OUT THE PROVISIONS OF THIS SECTION, WOULD FURTHER THIS MISSION BY PROMOTING THE DEVELOPMENT OF MARKETS FOR AGRICULTURAL PRODUCTS GROWN AND PRODUCED IN THE STATE. (B) IT IS FURTHER DECLARED THAT THE MARKETING OF AGRICULTURAL COMMOD- ITIES AND AQUATIC PRODUCTS IN THIS STATE, IN EXCESS OF REASONABLE AND NORMAL MARKET DEMANDS THEREFOR; DISORDERLY MARKETING OF SUCH COMMOD- ITIES; IMPROPER PREPARATION FOR MARKET AND LACK OF UNIFORM GRADING AND CLASSIFICATION OF AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS; UNFAIR METHODS OF COMPETITION IN THE MARKETING OF SUCH COMMODITIES AND THE INABILITY OF INDIVIDUAL PRODUCERS TO DEVELOP NEW AND LARGER MARKETS FOR AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS, RESULT IN AN UNREASONABLE AND UNNECESSARY ECONOMIC WASTE OF THE AGRICULTURAL WEALTH OF THIS STATE. SUCH CONDITIONS AND THE ACCOMPANYING WASTE JEOPARDIZE THE FUTURE CONTIN- UED PRODUCTION OF ADEQUATE FOOD SUPPLIES FOR THE PEOPLE OF THIS AND OTHER STATES. THESE CONDITIONS VITALLY CONCERN THE HEALTH, SAFETY AND GENERAL WELFARE OF THE PEOPLE OF THIS STATE. IT IS THEREFORE DECLARED THE LEGISLATIVE PURPOSE AND THE POLICY OF THIS STATE: (I) TO ENABLE AGRICULTURAL PRODUCERS AND AQUATIC PRODUCERS OF THIS STATE, WITH THE AID OF THE STATE, MORE EFFECTIVELY TO CORRELATE THE MARKETING OF THEIR AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS WITH MARKET DEMANDS THEREFOR. (II) TO ESTABLISH ORDERLY, EFFICIENT AND EQUITABLE MARKETING OF AGRI- CULTURAL COMMODITIES AND AQUATIC PRODUCTS. (III) TO PROVIDE FOR UNIFORM GRADING AND PROPER PREPARATION OF AGRI- CULTURAL COMMODITIES AND AQUATIC PRODUCTS FOR MARKET. (IV) TO PROVIDE METHODS AND MEANS FOR THE DEVELOPMENT OF NEW AND LARG- ER MARKETS FOR AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS PRODUCED IN NEW YORK. (V) TO ELIMINATE OR REDUCE THE ECONOMIC WASTE IN THE MARKETING OF AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS. (VI) TO ELIMINATE UNJUST IMPAIRMENT OF THE PURCHASING POWER OF AQUATIC PRODUCERS AND THE AGRICULTURAL PRODUCERS OF THIS STATE; AND (VII) TO AID AGRICULTURAL AND AQUATIC PRODUCERS IN MAINTAINING AN INCOME AT AN ADEQUATE AND EQUITABLE LEVEL. 2. DEFINITIONS. (A) "AGRICULTURAL COMMODITY" MEANS ANY AND ALL AGRI- CULTURAL, HORTICULTURAL, VINEYARD PRODUCTS, CORN FOR GRAIN, OATS, SOYBE- ANS, BARLEY, WHEAT, POULTRY OR POULTRY PRODUCTS, BEES, MAPLE SAP AND PURE MAPLE PRODUCTS PRODUCED THEREFROM, CHRISTMAS TREES, LIVESTOCK, INCLUDING SWINE, AND HONEY, SOLD IN THE STATE EITHER IN THEIR NATURAL STATE OR AS PROCESSED BY THE PRODUCER THEREOF BUT DOES NOT INCLUDE MILK, TIMBER OR TIMBER PRODUCTS, OTHER THAN CHRISTMAS TREES, ALL HAY, RYE AND LEGUMES EXCEPT FOR SOYBEANS. (B) "AQUACULTURE" MEANS THE CULTURE, CULTIVATION AND HARVEST OF AQUAT- IC PLANTS AND ANIMALS. S. 6408--C 23 A. 9008--C (C) "AQUATIC PRODUCTS" MEANS ANY FOOD OR FIBER PRODUCTS OBTAINED THROUGH THE PRACTICE OF AQUACULTURE, INCLUDING MARICULTURE; OR BY HARVEST FROM THE SEA WHEN SUCH PRODUCTS ARE CULTURED OR LANDED IN THIS STATE. SUCH PRODUCTS INCLUDE BUT ARE NOT LIMITED TO FISH, SHELLFISH, SEAWEED OR OTHER WATER BASED PLANT LIFE. (D) "PRODUCER" MEANS ANY PERSON ENGAGED WITHIN THIS STATE IN THE BUSI- NESS OF PRODUCING, OR CAUSING TO BE PRODUCED FOR ANY MARKET, ANY AGRI- CULTURAL COMMODITY OR AQUATIC PRODUCT. (E) "HANDLER" MEANS ANY PERSON ENGAGED IN THE OPERATION OF PACKING, GRADING, SELLING, OFFERING FOR SALE OR MARKETING ANY MARKETABLE AGRICUL- TURAL COMMODITIES OR AQUATIC PRODUCTS, WHO AS OWNER, AGENT OR OTHERWISE SHIPS OR CAUSES AN AGRICULTURAL COMMODITY TO BE SHIPPED. (F) "PROCESSOR" MEANS ANY PERSON ENGAGED WITHIN THIS STATE IN PROCESS- ING, OR IN THE OPERATION OF RECEIVING, GRADING, PACKING, CANNING, FREEZ- ING, DEHYDRATING, FERMENTING, DISTILLING, EXTRACTING, PRESERVING, GRIND- ING, CRUSHING, OR IN ANY OTHER WAY PRESERVING OR CHANGING THE FORM OF AN AGRICULTURAL PRODUCT OR AQUATIC PRODUCT FOR THE PURPOSE OF MARKETING SUCH COMMODITY BUT SHALL NOT INCLUDE A PERSON ENGAGED IN MANUFACTURING FROM AN AGRICULTURAL COMMODITY OR AQUATIC PRODUCT ANOTHER AND DIFFERENT PRODUCT. (G) "DISTRIBUTOR" MEANS ANY PERSON ENGAGED WITHIN THIS STATE, IN SELL- ING, OFFERING FOR SALE, MARKETING OR DISTRIBUTING AN AGRICULTURAL COMMODITY OR AQUATIC PRODUCT WHICH HE OR SHE HAS PURCHASED OR ACQUIRED FROM A PRODUCER OR OTHER PERSON OR WHICH HE OR SHE IS MARKETING ON BEHALF OF A PRODUCER OR OTHER PERSON, WHETHER AS OWNER, AGENT, EMPLOYEE, BROKER OR OTHERWISE, BUT SHALL NOT INCLUDE A RETAILER, EXCEPT SUCH RETAILER WHO PURCHASES OR ACQUIRES FROM, OR HANDLES ON BEHALF OF ANY PRODUCER OR OTHER PERSON, AN AGRICULTURAL COMMODITY OR AQUATIC PRODUCT SUBJECT TO REGULATION BY THE MARKETING AGREEMENT OR ORDER COVERING SUCH COMMODITY. (H) "PRESIDENT" MEANS THE PRESIDENT OF THE CORPORATION. (I) "MARKETING AGREEMENT" MEANS AN AGREEMENT ENTERED INTO, WITH THE APPROVAL OF THE PRESIDENT, BY PRODUCERS WITH DISTRIBUTORS, PROCESSORS AND HANDLERS REGULATING THE PREPARATION, SALE AND HANDLING OF AGRICUL- TURAL COMMODITIES OR AQUATIC PRODUCTS. (J) "MARKETING ORDER" MEANS AN ORDER ISSUED BY THE PRESIDENT PURSUANT TO THIS SECTION, PRESCRIBING RULES AND REGULATIONS GOVERNING THE MARKET- ING FOR PROCESSING, THE DISTRIBUTING, THE SALE OF, OR THE HANDLING IN ANY MANNER OF ANY AGRICULTURAL COMMODITY OR AQUATIC PRODUCT SOLD IN THIS STATE DURING ANY SPECIFIED PERIOD OR PERIODS. (K) "COMMISSIONER" MEANS THE COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS. (L) "DEPARTMENT" MEANS THE NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS. 3. POWERS AND DUTIES OF THE PRESIDENT. (A) IN ORDER TO EFFECTUATE THE DECLARED POLICY OF THIS SECTION, THE PRESIDENT, IN CONSULTATION WITH THE COMMISSIONER, MAY, AFTER DUE NOTICE AND OPPORTUNITY FOR HEARING, APPROVE MARKETING AGREEMENTS, WHICH MARKETING AGREEMENTS SHALL THEREUPON BE BINDING UPON THE SIGNATORIES THERETO EXCLUSIVELY. (B) THE PRESIDENT, IN CONSULTATION WITH THE COMMISSIONER AND THE PRODUCERS, MAY MAKE AND ISSUE MARKETING ORDERS, AFTER DUE NOTICE AND OPPORTUNITY FOR HEARING, SUBJECT TO: (I) APPROVAL OF NOT LESS THAN SIXTY-SIX AND TWO-THIRDS PER CENTUM OF THE PRODUCERS PARTICIPATING IN A REFERENDUM IN THE AREA AFFECTED, OR (II) APPROVAL OF NOT LESS THAN SIXTY-FIVE PER CENTUM OF THE PRODUCERS PARTICIPATING IN A REFERENDUM VOTE, IN THE AREA AFFECTED, AND HAVING S. 6408--C 24 A. 9008--C MARKETED NOT LESS THAN FIFTY-ONE PER CENTUM OF THE TOTAL QUANTITY OF THE COMMODITY WHICH WAS MARKETED IN THE NEXT PRECEDING, ORDINARY MARKETING SEASON BY ALL PRODUCERS THAT VOTED IN THE REFERENDUM, OR (III) APPROVAL OF NOT LESS THAN FIFTY-ONE PER CENTUM OF THE PRODUCERS PARTICIPATING IN A REFERENDUM VOTE, IN THE AREA AFFECTED, AND HAVING MARKETED NOT LESS THAN SIXTY-FIVE PER CENTUM OF THE TOTAL QUANTITY OF THE COMMODITY WHICH WAS MARKETED IN THE NEXT PRECEDING, ORDINARY MARKET- ING SEASON BY ALL PRODUCERS THAT VOTED IN THE REFERENDUM. THE PRESIDENT MAY, AND UPON WRITTEN PETITION DULY SIGNED BY TWENTY-FIVE PER CENTUM OF THE PRODUCERS IN THE AREA AMEND OR TERMINATE SUCH ORDER AFTER DUE NOTICE AND OPPORTUNITY FOR HEARING, BUT SUBJECT TO THE APPROVAL OF NOT LESS THAN FIFTY PER CENTUM OF SUCH PRODUCERS PARTICIPATING IN A REFERENDUM VOTE. (C) THE PRESIDENT, CONSULTING WITH AND SEEKING THE ADVICE AND CONSENT OF THE ADVISORY BOARD SHALL ADMINISTER AND ENFORCE ANY MARKETING ORDER, WHILE IT IS IN EFFECT, TO: (I) ENCOURAGE AND MAINTAIN STABLE PRICES RECEIVED BY PRODUCERS FOR SUCH AGRICULTURAL COMMODITY AND AQUATIC PRODUCT AT A LEVEL WHICH IS CONSISTENT WITH THE PROVISIONS AND AIMS OF THIS ACT. (II) PREVENT THE UNREASONABLE OR UNNECESSARY WASTE OF LAND OR WATER BASED WEALTH. (III) PROTECT THE INTERESTS OF CONSUMERS OF SUCH COMMODITY, BY EXER- CISING THE POWERS OF THIS SECTION TO SUCH EXTENT AS IS NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ACT. (IV) PROVIDE CONSULTATION TO THE COMMISSIONER WHO SHALL BUDGET FOR THE ADMINISTRATION AND OPERATING COSTS AND EXPENSES, SEEKING THE ADVICE AND CONSENT OF THE ADVISORY BOARD, INCLUDING ADVERTISING AND SALES PROMOTION WHEN REQUIRED IN ANY MARKETING AGREEMENT OR ORDER EXECUTED IN THIS SECTION AND TO PROVIDE FOR THE COLLECTION AND RETENTION OF SUCH NECES- SARY FEES TO DEFRAY SUCH COSTS AND EXPENSES, IN NO CASE TO EXCEED FIVE PERCENT OF THE GROSS DOLLAR VOLUME OF SALES OR DOLLAR VOLUME OF PURCHASES OR AMOUNTS HANDLED, TO BE COLLECTED FROM EACH PERSON ENGAGED IN THE PRODUCTION, PROCESSING, DISTRIBUTING OR THE HANDLING OF ANY MARK- ETABLE AGRICULTURAL COMMODITY AND AQUATIC PRODUCT PRODUCED OR LANDED IN THIS STATE AND DIRECTLY AFFECTED BY ANY MARKETING ORDER ISSUED PURSUANT TO THIS SECTION FOR SUCH COMMODITY. (V) CONFER AND COOPERATE WITH THE LEGALLY CONSTITUTED AUTHORITIES OF OTHER STATES AND THE UNITED STATES. (D) ANY MARKETING AGREEMENT OR ORDER ISSUED BY THE PRESIDENT PURSUANT TO THIS SECTION, IN CONSULTATION WITH THE COMMISSIONER, MAY CONTAIN ANY OR ALL OF THE FOLLOWING: (I) PROVISIONS FOR DETERMINING THE EXISTENCE AND EXTENT OF THE SURPLUS OF ANY AGRICULTURAL COMMODITY, OR OF ANY GRADE, SIZE OR QUALITY THEREOF, AND PROVIDING FOR THE REGULATION AND DISPOSITION OF SUCH SURPLUS. (II) PROVISIONS FOR LIMITING THE TOTAL QUANTITY OF ANY AGRICULTURAL PRODUCT, OR OF ANY GRADE OR GRADES, SIZE OR SIZES, OR QUALITY OR PORTIONS OR COMBINATIONS THEREOF, WHICH MAY BE MARKETED DURING ANY SPEC- IFIED PERIOD OR PERIODS. SUCH TOTAL QUANTITY OF ANY SUCH COMMODITY SO REGULATED SHALL NOT BE LESS THAN THE QUANTITY WHICH THE PRESIDENT SHALL FIND IS REASONABLY NECESSARY TO SUPPLY THE MARKET DEMAND OF CONSUMERS FOR SUCH COMMODITY. (III) PROVISIONS REGULATING TO THE PERIOD, OR PERIODS, DURING WHICH ANY AGRICULTURAL COMMODITY, OR ANY GRADE OR GRADES, SIZE OR SIZES OR QUALITY OR PORTIONS OR COMBINATIONS OF SUCH COMMODITY, MAY BE MARKETED. (IV) PROVISIONS FOR THE ESTABLISHMENT OF UNIFORM GRADING, STANDARDS, AND INSPECTION OF ANY AGRICULTURAL COMMODITY DELIVERED BY PRODUCERS OR S. 6408--C 25 A. 9008--C OTHER PERSONS TO HANDLERS, PROCESSORS, DISTRIBUTORS OR OTHERS ENGAGING IN THE HANDLING THEREOF, AND FOR THE ESTABLISHMENT OF GRADING OR STAND- ARDS OF QUALITY, CONDITION, SIZE, MATURITY OR PACK FOR ANY AGRICULTURAL COMMODITY, AND THE INSPECTION AND GRADING OF SUCH COMMODITY IN ACCORD- ANCE WITH SUCH GRADING OR STANDARDS SO ESTABLISHED; AND FOR PROVISIONS THAT NO PRODUCER, HANDLER, PROCESSOR OR DISTRIBUTOR OF ANY AGRICULTURAL COMMODITY FOR WHICH GRADING OR STANDARDS ARE SO ESTABLISHED MAY, EXCEPT AS OTHERWISE PROVIDED IN SUCH MARKETING AGREEMENT OR ORDER, SELL, OFFER FOR SALE, PROCESS, DISTRIBUTE OR OTHERWISE HANDLE ANY SUCH COMMODITY WHETHER PRODUCED WITHIN OR WITHOUT THIS STATE, NOT MEETING AND COMPLYING WITH SUCH ESTABLISHED GRADING OR STANDARDS. FOR THE PURPOSES OF THIS SECTION, THE FEDERAL-STATE INSPECTION SERVICE SHALL PERFORM ALL INSPECTIONS MADE NECESSARY BY SUCH PROVISIONS. (V) PROVISIONS FOR THE ESTABLISHMENT OF RESEARCH PROGRAMS DESIGNED TO BENEFIT A SPECIFIED COMMODITY OR NEW YORK AGRICULTURE IN GENERAL. (VI) PROVISIONS FOR THE PRESIDENT TO RETAIN MONEY COLLECTED UNDER ANY MARKETING ORDER ISSUED PURSUANT TO THIS SECTION TO DEFRAY THE COSTS AND EXPENSES IN THE ADMINISTRATION THEREOF. (VII) SUCH OTHER PROVISIONS AS MAY BE NECESSARY TO EFFECTUATE THE DECLARED POLICIES OF THIS SECTION. (VIII) PROVISIONS TO ESTABLISH MARKETING PROMOTION AND RESEARCH PROGRAMS FOR AQUATIC PRODUCTS WHICH MAY INCLUDE SUBPARAGRAPHS (I) THROUGH (VII) OF THIS PARAGRAPH. (E) THE PRESIDENT, SEEKING THE ADVICE AND THE CONSENT OF THE ADVISORY BOARD, MAY TEMPORARILY SUSPEND THE OPERATION OF AN EFFECTIVE MARKETING ORDER FOR A CONTINUING PERIOD OF NOT LONGER THAN ONE GROWING AND MARKET- ING SEASON, IF THE PURPOSES OF THIS SECTION ARE DEEMED UNNECESSARY DURING SUCH SEASON. (F) IN CARRYING OUT THE PURPOSES OF THIS SECTION, THE PRESIDENT, IN CONSULTATION WITH THE COMMISSIONER AND CONSULTING WITH AND SEEKING THE ADVICE AND CONSENT OF THE ADVISORY BOARD, SHALL TAKE INTO CONSIDERATION ANY AND ALL FACTS AVAILABLE TO HIM OR HER WITH RESPECT TO THE FOLLOWING ECONOMIC FACTORS: (I) THE QUANTITY OF SUCH AGRICULTURAL COMMODITY AVAILABLE FOR DISTRIB- UTION. (II) THE QUANTITY OF SUCH AGRICULTURAL COMMODITY NORMALLY REQUIRED BY CONSUMERS. (III) THE COST OF PRODUCING SUCH AGRICULTURAL COMMODITY. (IV) THE PURCHASING POWER OF CONSUMERS. (V) THE LEVEL OF PRICES OF COMMODITIES, SERVICES AND SECTIONS WHICH THE FARMERS COMMONLY BUY. (VI) THE LEVEL OF PRICES OF OTHER COMMODITIES WHICH COMPETE WITH OR ARE UTILIZED AS SUBSTITUTES FOR SUCH AGRICULTURAL COMMODITY. (G) THE EXECUTION OF SUCH MARKETING AGREEMENTS SHALL IN NO MANNER AFFECT THE ISSUANCE, ADMINISTRATION OR ENFORCEMENT OF ANY MARKETING ORDER PROVIDED FOR IN THIS SECTION. THE PRESIDENT, IN CONSULTATION WITH THE COMMISSIONER, MAY ISSUE SUCH MARKETING ORDER WITHOUT EXECUTING A MARKETING AGREEMENT OR MAY EXECUTE A MARKETING AGREEMENT WITHOUT ISSUING A MARKETING ORDER COVERING THE SAME COMMODITY. THE PRESIDENT, IN HIS OR HER DISCRETION, IN CONSULTATION WITH THE COMMISSIONER MAY HOLD A CONCUR- RENT HEARING UPON A PROPOSED MARKETING AGREEMENT AND A PROPOSED MARKET- ING ORDER IN THE MANNER PROVIDED FOR GIVING DUE NOTICE AND OPPORTUNITY FOR HEARING FOR A MARKETING ORDER AS PROVIDED IN THIS SECTION. (H) PRIOR TO THE ISSUANCE, AMENDMENT OR TERMINATION OF ANY MARKETING ORDER, THE PRESIDENT MAY REQUIRE THE APPLICANTS FOR SUCH ISSUANCE, AMENDMENT OR TERMINATION TO DEPOSIT WITH HIM OR HER SUCH AMOUNT AS HE OR S. 6408--C 26 A. 9008--C SHE MAY DEEM NECESSARY TO DEFRAY THE EXPENSES OF PREPARING AND MAKING EFFECTIVE AMENDING OR TERMINATING A MARKETING ORDER. SUCH FUNDS SHALL BE RECEIVED, DEPOSITED AND DISBURSED BY THE PRESIDENT IN THE SAME MANNER AS OTHER FEES RECEIVED BY HIM OR HER UNDER THIS SECTION AND, IN THE EVENT THE APPLICATION FOR ADOPTION, AMENDMENT OR TERMINATION OF A MARKETING ORDER IS APPROVED IN A REFERENDUM, THE PRESIDENT SHALL REIMBURSE ANY SUCH APPLICANT IN THE AMOUNT OF ANY SUCH DEPOSIT FROM ANY UNEXPENDED MONIES COLLECTED UNDER THE MARKETING ORDER AFFECTED BY SUCH REFERENDUM. (I) ANY MONEYS 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 TO EACH MARKETING ORDER UNDER WHICH THEY ARE COLLECTED, AND SHALL BE DISBURSED BY THE PRESIDENT ONLY FOR THE NECESSARY EXPENSES INCURRED BY THE PRESIDENT WITH RESPECT TO EACH SUCH SEPARATE MARKETING ORDER, ALL IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE PRESI- DENT. ALL SUCH EXPENDITURES SHALL BE SUBJECT TO AUDITS BY THE STATE COMPTROLLER. ANY MONEYS REMAINING IN SUCH FUND ALLOCABLE TO ANY PARTIC- ULAR COMMODITY AFFECTED BY A MARKETING ORDER MAY, IN THE DISCRETION OF THE PRESIDENT, BE REFUNDED AT THE CLOSE OF ANY MARKETING SEASON UPON A PRO-RATA BASIS TO ALL PERSONS FROM WHOM ASSESSMENTS THEREFOR WERE COLLECTED OR, WHENEVER THE PRESIDENT FINDS THAT SUCH MONEYS MAY BE NECESSARY TO DEFRAY THE COST OF OPERATING SUCH MARKETING ORDER IN A SUCCEEDING MARKETING SEASON, HE OR SHE MAY CARRY OVER ALL OR ANY PORTION OF SUCH MONEYS INTO THE NEXT SUCH SUCCEEDING SEASON. UPON THE TERMI- NATION BY THE PRESIDENT OF ANY MARKETING ORDER, ALL MONEYS REMAINING AND NOT REQUIRED BY THE PRESIDENT TO DEFRAY THE EXPENSES OF OPERATING SUCH MARKETING ORDER, SHALL BE REFUNDED BY THE PRESIDENT UPON A PRO-RATA BASIS TO ALL PERSONS FROM WHOM ASSESSMENTS THEREFOR WERE COLLECTED; PROVIDED, HOWEVER, THAT IF THE PRESIDENT FINDS THAT THE AMOUNTS SO REFUNDABLE ARE SO SMALL AS TO MAKE IMPRACTICABLE THE COMPUTATION AND REFUNDING OF SUCH REFUNDS, THE PRESIDENT MAY USE SUCH MONEYS TO DEFRAY THE EXPENSES INCURRED BY HIM OR HER IN THE FORMULATION, ISSUANCE, ADMIN- ISTRATION OR ENFORCEMENT OF ANY SUBSEQUENT MARKETING ORDER FOR SUCH COMMODITY. (J) ADVISORY BOARD. (I) ANY MARKETING ORDER ISSUED PURSUANT TO THIS SECTION SHALL PROVIDE FOR THE ESTABLISHMENT OF AN ADVISORY BOARD, TO CONSIST OF NOT LESS THAN FIVE MEMBERS NOR MORE THAN NINE MEMBERS, TO ADVISE THE PRESIDENT IN THE ADMINISTRATION OF SUCH MARKETING ORDER IN ACCORDANCE WITH ITS TERMS AND PROVISIONS. THE PRESIDENT SHALL ADMINISTER AND ENFORCE ANY SUCH ORDER WHILE IT IS IN EFFECT, CONSULTING WITH THE ADVISORY BOARD AND SEEKING ITS ADVICE AND CONSENT. THE MEMBERS OF SAID BOARD SHALL BE APPOINTED BY THE COMMISSIONER FROM NOMINATIONS RECEIVED FROM THE COMMODITY GROUP FOR WHICH THE MARKETING ORDER IS ESTABLISHED. NOMINATING PROCEDURE, QUALIFICATION, REPRESENTATION AND SIZE OF THE ADVISORY BOARD SHALL BE PRESCRIBED IN EACH MARKETING ORDER FOR WHICH SUCH BOARD IS APPOINTED. EACH ADVISORY BOARD SHALL BE COMPOSED OF SUCH PRODUCERS AND HANDLERS OR PROCESSORS AS ARE DIRECTLY AFFECTED BY THE MARKETING ORDER IN SUCH PROPORTION OF REPRESENTATION AS THE ORDER SHALL PRESCRIBE. THE COMMISSIONER MAY APPOINT ONE PERSON WHO IS NEITHER A PRODUCER, PROCESSOR OR OTHER HANDLER TO REPRESENT THE DEPARTMENT OF AGRICULTURE AND MARKETS, THE CORPORATION, OR THE PUBLIC GENERALLY. (II) NO MEMBER OF AN ADVISORY BOARD SHALL RECEIVE A SALARY, BUT EACH SHALL BE ENTITLED TO HIS OR HER ACTUAL EXPENSES INCURRED WHILE ENGAGED IN PERFORMING HIS OR HER DUTIES HEREIN AUTHORIZED. (III) THE DUTIES AND RESPONSIBILITIES OF EACH ADVISORY BOARD SHALL BE PRESCRIBED BY THE PRESIDENT, IN CONSULTATION WITH THE COMMISSIONER, AND S. 6408--C 27 A. 9008--C HE OR SHE SHALL SPECIFICALLY DELEGATE TO THE ADVISORY BOARD, BY INCLU- SION IN THE MARKETING ORDER, THE FOLLOWING DUTIES AND RESPONSIBILITIES: (A) THE RECOMMENDATION TO THE PRESIDENT OF ADMINISTRATIVE RULES AND REGULATIONS RELATING TO THE MARKETING ORDER. (B) RECOMMENDING TO THE PRESIDENT SUCH AMENDMENTS TO THE MARKETING ORDER AS DEEMED ADVISABLE. (C) THE PREPARATION AND SUBMISSION TO THE COMMISSIONER, IN CONSULTA- TION WITH THE PRESIDENT, OF THE ESTIMATED BUDGET REQUIRED FOR THE PROPER OPERATION OF THE MARKETING ORDER. (D) RECOMMENDING TO THE PRESIDENT METHODS FOR ASSESSING MEMBERS OF THE INDUSTRY AND METHODS FOR COLLECTING THE NECESSARY FUNDS. (E) ASSISTING THE PRESIDENT IN THE COLLECTION AND ASSEMBLING OF INFOR- MATION AND DATA NECESSARY TO THE PROPER ADMINISTRATION OF THE ORDER. (F) THE PERFORMANCE OF SUCH OTHER DUTIES IN CONNECTION WITH THE MARKETING ORDER AS THE PRESIDENT SHALL DESIGNATE. 4. RULES AND REGULATIONS; ENFORCEMENT. THE PRESIDENT, WITH THE ADVICE AND CONSENT OF THE ADVISORY BOARD, MAY MAKE AND PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO EFFECTUATE THE PROVISIONS AND INTENT OF THIS SECTION AND TO ENFORCE THE PROVISION OF ANY MARKETING AGREEMENT OR ORDER, ALL OF WHICH SHALL HAVE THE FORCE AND EFFECT OF LAW. THE PRESIDENT, IN CONSULTATION WITH THE COMMISSIONER MAY INSTITUTE SUCH ACTION AT LAW OR IN EQUITY AS MAY APPEAR NECESSARY TO ENFORCE COMPLIANCE WITH ANY PROVISION OF THIS SECTION, OR ANY RULE OR REGU- LATION, MARKETING AGREEMENT OR ORDER, COMMITTED TO HIS OR HER ADMINIS- TRATION, AND IN ADDITION MAY APPLY FOR RELIEF BY INJUNCTION IF NECESSARY TO PROTECT THE PUBLIC INTEREST WITHOUT BEING COMPELLED TO ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT LAW DOES NOT EXIST. SUCH APPLICATION MAY BE MADE TO THE SUPREME COURT IN ANY DISTRICT OR COUNTY AS PROVIDED IN THE CIVIL PRACTICE LAW AND RULES, OR TO THE SUPREME COURT IN THE THIRD JUDICIAL DISTRICT. 5. COOPERATION BY THE DEPARTMENT. THE PRESIDENT OF THE CORPORATION MAY REQUEST AND RECEIVE, WITHIN NINETY DAYS OF SUCH REQUEST, FROM THE DEPARTMENT SUCH ASSISTANCE, INFORMATION AND COOPERATION AS MAY BE NECES- SARY FOR THE CORPORATION TO PROVIDE SERVICES WITH RESPECT TO THE ADMIN- ISTRATION OF THE PROCEDURES SET FORTH FOR THE ISSUANCE, TERMINATION OR AMENDMENT OF ANY AGRICULTURAL, COMMODITIES OR AQUATIC ORDER AND/OR THE ADMINISTRATION OF ANY SUCH ORDER. THE CORPORATION SHALL RETAIN AN AMOUNT EQUAL TO THE EXPENSES INCURRED BY THE CORPORATION IN PERFORMING ITS DUTIES PURSUANT TO THIS SECTION AND REIMBURSE THE DEPARTMENT AN AMOUNT EQUAL TO THE EXPENSES INCURRED BY THE DEPARTMENT IN SUPPLYING SUCH SERVICES, SUBSEQUENT TO SUBMISSION AND AUDIT OF A VOUCHER THEREFOR. SUCH REIMBURSEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FUNDS COLLECTED BY THE CORPORATION PURSUANT TO THIS SECTION LESS THE REASONABLE EXPENSES INCURRED BY THE CORPORATION IN PERFORMING ITS DUTIES PURSUANT TO THIS SECTION. 6. INDEMNIFICATION. THE STATE SHALL DEFEND, INDEMNIFY AND HOLD HARM- LESS THE CORPORATION, ITS DIRECTORS, OFFICERS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, COSTS AND EXPENSES WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM, OR RELATING TO, THE ADMINISTRATION OF ANY AGRICULTURAL, COMMODITIES OR AQUATIC PROMOTION ORDER ISSUED OR ADMINISTERED PURSUANT TO THIS SECTION. IN CONNECTION WITH THE FOREGOING, THE CORPORATION SHALL GIVE THE STATE (A) PROMPT WRITTEN NOTICE OF ANY ACTION, CLAIM OR THREAT OF SUIT, (B) THE OPPORTUNITY TO TAKE OVER, SETTLE OR DEFEND SUCH ACTION, CLAIM OR SUIT AT THE STATE'S SOLE EXPENSE, AND (C) ASSISTANCE IN THE DEFENSE OF ANY SUCH ACTION AT THE EXPENSE OF THE STATE. S. 6408--C 28 A. 9008--C 7. CONTRACTUAL PROVISIONS. THE CORPORATION MAY CONTRACT FOR SERVICES WITH RESPECT TO THE IMPLEMENTATION OF THIS SECTION IN ACCORDANCE WITH THE CORPORATION'S POLICIES, PROCEDURES AND GUIDELINES. NOTWITHSTANDING SECTION 2879 OF THE PUBLIC AUTHORITIES LAW OR ANY OTHER LAW TO THE CONTRARY, ANY SUCH CONTRACT MAY BE PROCURED BY THE CORPORATION ON A SOLE-SOURCE BASIS, AND SHALL NOT BE SUBJECT TO COMPETITIVE BID OR COMPETITIVE REQUEST FOR PROPOSAL REQUIREMENTS. S 16-Z. MARKETING ORDERS. THE MARKETING ORDERS, THE REGULATORY PROVISIONS RELATING THERETO, SET FORTH IN TITLE ONE OF THE OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK PARTS 40, 200, 201, 202, 203, 204, AND 205, AND THE CONTRACTS RELATING THERETO SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL AMENDED OR REPEALED PURSUANT TO THE STATUTORY AUTHORITY SET FORTH IN SECTIONS 16-X AND 16-Y OF THIS ACT EXCEPT THAT: (A) SUCH MARKETING ORDERS, THE REGULATORY PROVISIONS RELATING THERETO, AND THE CONTRACTS RELATING THERETO SHALL BE ADMINISTERED BY AND UNDER THE SUPERVISION OF THE PRESIDENT OF THE CORPO- RATION AS OF THE EFFECTIVE DATE OF SECTIONS 16-X AND 16-Y OF THIS ACT; (B) ALL UNDISBURSED FUNDS UNDER THE CONTROL OF THE DEPARTMENT OF AGRI- CULTURE AND MARKETS SHALL BE TRANSFERRED TO THE CORPORATION ON OR BEFORE SUCH EFFECTIVE DATE; AND (C) ANY ASSESSMENTS DUE AND PAYABLE UNDER SUCH MARKETING ORDERS SHALL BE REMITTED TO THE CORPORATION STARTING 30 DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. S 3. This act shall take effect on the ninetieth day after it shall have become a law and shall expire and be deemed repealed two years after such date; provided, however, that any assessment due and payable under such marketing orders shall be remitted to the urban development corporation starting 30 days after such effective date. PART T Section 1. Subdivisions 1 and 2 of section 27-1905 of the environ- mental conservation law, as amended by section 1 of part G of chapter 58 of the laws of 2013, are amended to read as follows: 1. Until December thirty-first, two thousand [sixteen] NINETEEN, accept from a customer, waste tires of approximately the same size and in a quantity equal to the number of new tires purchased or installed by the customer; and 2. Until December thirty-first, two thousand [sixteen] NINETEEN, post written notice in a prominent location, which must be at least eight and one-half inches by fourteen inches in size and contain the following language: "New York State law requires us to accept and manage waste tires from vehicles in exchange for an equal number of new tires that we sell or install. Tire retailers are required to charge a separate and distinct waste tire management and recycling fee of $2.50 for each new tire sold. The retailers in addition are authorized, at their sole discretion, to pass on waste tire management and recycling costs to tire purchasers. Such costs may be included as part of the advertised price of the new tire, or charged as a separate per-tire charge in an amount not to exceed $2.50 on each new tire sold." The written notice shall also contain one of the following statements at the end of the aforementioned language and as part of the notice, which shall accurately indicate the manner in which the tire service charges for waste tire management and recycling costs, and the amount of any charges that are separately invoiced for such costs: S. 6408--C 29 A. 9008--C "Our waste tire management and recycling costs are included in the advertised price of each new tire.", or "We charge a separate per-tire charge of $____ on each new tire sold that will be listed on your invoice to cover our waste tire management and recycling costs." S 2. Subdivisions 1, 2 and 3 and paragraph (a) of subdivision 6 of section 27-1913 of the environmental conservation law, as amended by section 2 of part G of chapter 58 of the laws of 2013, are amended to read as follows: 1. Until December thirty-first, two thousand [sixteen] NINETEEN, a waste tire management and recycling fee of two dollars and fifty cents shall be charged on each new tire sold. The fee shall be paid by the purchaser to the tire service at the time the new tire or new motor vehicle is purchased. The waste tire management and recycling fee does not apply to: (a) recapped or resold tires; (b) mail-order sales; or (c) the sale of new motor vehicle tires to a person solely for the purpose of resale provided the subsequent retail sale in this state is subject to such fee. 2. Until December thirty-first, two thousand [sixteen] NINETEEN, the tire service shall collect the waste tire management and recycling fee from the purchaser at the time of the sale and shall remit such fee to the department of taxation and finance with the quarterly report filed pursuant to subdivision three of this section. (a) The fee imposed shall be stated as an invoice item separate and distinct from the selling price of the tire. (b) The tire service shall be entitled to retain an allowance of twen- ty-five cents per tire from fees collected. 3. Until March thirty-first, two thousand [seventeen] TWENTY, each tire service maintaining a place of business in this state shall make a return to the department of taxation and finance on a quarterly basis, with the return for December, January, and February being due on or before the immediately following March thirty-first; the return for March, April, and May being due on or before the immediately following June thirtieth; the return for June, July, and August being due on or before the immediately following September thirtieth; and the return for September, October, and November being due on or before the immediately following December thirty-first. (a) Each return shall include: (i) the name of the tire service; (ii) the address of the tire service's principal place of business and the address of the principal place of business (if that is a different address) from which the tire service engages in the business of making retail sales of tires; (iii) the name and signature of the person preparing the return; (iv) the total number of new tires sold at retail for the preceding quarter and the total number of new tires placed on motor vehicles prior to original retail sale; (v) the amount of waste tire management and recycling fees due; and (vi) such other reasonable information as the department of taxation and finance may require. (b) Copies of each report shall be retained by the tire service for three years. S. 6408--C 30 A. 9008--C If a tire service ceases business, it shall file a final return and remit all fees due under this title with the department of taxation and finance not more than one month after discontinuing that business. (a) Until December thirty-first, two thousand [sixteen] NINETEEN, any additional waste tire management and recycling costs of the tire service in excess of the amount authorized to be retained pursuant to paragraph (b) of subdivision two of this section may be included in the published selling price of the new tire, or charged as a separate per-tire charge on each new tire sold. When such costs are charged as a separate per- tire charge: (i) such charge shall be stated as an invoice item separate and distinct from the selling price of the tire; (ii) the invoice shall state that the charge is imposed at the sole discretion of the tire service; and (iii) the amount of such charge shall reflect the actual cost to the tire service for the management and recycling of waste tires accepted by the tire service pursuant to section 27-1905 of this title, provided however, that in no event shall such charge exceed two dollars and fifty cents on each new tire sold. S 3. Subdivision 6 of section 27-1915 of the environmental conserva- tion law, as added by section 3 of part V-1 of chapter 62 of the laws of 2003, is amended to read as follows: 6. costs of the department of health for the following: (a) recommendations to protect public health; [and] (b) administration of requirements of this section[.]; AND (C) PREVENTION OR CONTROL OF ON-SITE POPULATIONS OF VECTORS, AS DEFINED IN SUBDIVISION TEN OF SECTION 27-2301 OF THIS ARTICLE, USING TECHNIQUES APPROPRIATE FOR PROTECTION OF HUMAN HEALTH AND THE ENVIRON- MENT TO PREVENT THE SITE FROM BEING A VECTOR BREEDING AREA. S 4. This act shall take effect immediately. PART U Section 1. Paragraph a of subdivision 2 of section 92-s of the state finance law, as added by chapter 610 of the laws of 1993, is amended to read as follows: a. The comptroller shall establish the following separate and distinct accounts within the environmental protection fund: (i) solid waste account; (ii) parks, recreation and historic preservation account; (iii) open space account; [and] (iv) CLIMATE CHANGE MITIGATION AND ADAPTATION ACCOUNT; AND (V) environmental protection transfer account. S 2. Subdivision 6 of section 92-s of the state finance law is amended by adding a new paragraph (f) to read as follows: (F) MONEYS FROM THE CLIMATE CHANGE ACCOUNT SHALL BE AVAILABLE, PURSU- ANT TO APPROPRIATION AND UPON CERTIFICATE OF APPROVAL OF AVAILABILITY BY THE DIRECTOR OF THE BUDGET, FOR CLIMATE SMART COMMUNITIES PROJECTS PURSUANT TO TITLE FIFTEEN OF ARTICLE FIFTY-FOUR OF THE ENVIRONMENTAL CONSERVATION LAW. S 3. Paragraph (b) of subdivision 6 of section 92-s of the state finance law, as amended by chapter 432 of the laws of 1997, is amended to read as follows: (b) Moneys from the solid waste account shall be available, pursuant to appropriation and upon certificate of approval of availability by the director of the budget, for any non-hazardous municipal landfill closure project; municipal waste reduction or recycling project, as defined in article fifty-four of the environmental conservation law; for the S. 6408--C 31 A. 9008--C purposes of section two hundred sixty-one and section two hundred sixty-four of the economic development law; any project for the develop- ment, updating or revision of local solid waste management plans pursu- ant to sections 27-0107 and 27-0109 of the environmental conservation law; ENVIRONMENTAL JUSTICE PROJECTS AND GRANTS and for the development of the pesticide sales and use data base [in conjunction with Cornell University] pursuant to title twelve of article thirty-three of the environmental conservation law. S 4. Subdivisions 1 and 2 of section 54-1101 of the environmental conservation law, subdivision 1 as amended by chapter 355 of the laws of 2014 and subdivision 2 as amended by chapter 309 of the laws of 1996, are amended to read as follows: 1. The secretary is authorized to provide on a competitive basis, within amounts appropriated, state assistance payments AND/OR TECHNICAL ASSISTANCE AS DEFINED IN SECTION NINE HUNDRED SEVENTEEN OF THE EXECUTIVE LAW, to municipalities toward the [cost] DEVELOPMENT of any local water- front revitalization program, PURSUANT TO ARTICLE FORTY-TWO OF THE EXEC- UTIVE LAW including planning projects to mitigate future physical climate risks AND UPDATES TO EXISTING LOCAL WATERFRONT REVITALIZATION PROGRAM PLANS TO MITIGATE FUTURE PHYSICAL CLIMATE RISKS. Eligible costs include planning, studies, preparation of local laws, and construction projects. 2. State assistance payments AND/OR TECHNICAL ASSISTANCE, AS DEFINED IN SECTION NINE HUNDRED SEVENTEEN OF THE EXECUTIVE LAW, shall not exceed fifty percent of the cost of the program. For the purpose of determin- ing the amount of state assistance payments, costs shall not be more than the amount set forth in the application for state assistance payments approved by the secretary. The state assistance payments shall be paid on audit and warrant of the state comptroller on a certificate of availability of the director of the budget. S 5. Article 54 of the environmental conservation law is amended by adding a new title 15 to read as follows: TITLE 15 CLIMATE SMART COMMUNITY PROJECTS SECTION 54-1501. DEFINITION. 54-1503. CLIMATE SMART COMMUNITY PROJECTS. 54-1505. ELIGIBILITY TO RECEIVE STATE ASSISTANCE PAYMENTS FOR CLIMATE SMART COMMUNITY PROJECTS. 54-1507. CRITERIA FOR CLIMATE SMART COMMUNITY PROJECTS. 54-1509. STATE ASSISTANCE APPLICATION PROCEDURE. 54-1511. STATE ASSISTANCE PAYMENTS FOR CLIMATE SMART COMMUNITY PROJECTS. 54-1513. CLIMATE CHANGE MITIGATION EASEMENTS. 54-1515. CONTRACTS FOR STATE ASSISTANCE PAYMENTS FOR CLIMATE SMART COMMUNITY PROJECTS. 54-1517. POWERS AND DUTIES OF THE COMMISSIONER. 54-1519. POWERS AND DUTIES OF A MUNICIPALITY. 54-1521. CLEAN VEHICLE PROJECTS. 54-1523. CLIMATE ADAPTATION AND MITIGATION PROJECTS. S 54-1501. DEFINITION. FOR PURPOSES OF THIS TITLE, "CLIMATE SMART COMMUNITY PROJECTS" SHALL MEAN ADAPTATION AND MITIGATION PROJECTS, INCLUDING FLOOD MITIGATION AND COASTAL AND RIPARIAN RESILIENCY, GREENHOUSE GAS REDUCTIONS OUTSIDE THE POWER SECTOR AND CLIMATE CHANGE ADAPTATION PLANNING, AND CLEAN VEHICLE PROJECTS. S. 6408--C 32 A. 9008--C S 54-1503. CLIMATE SMART COMMUNITY PROJECTS. THE COMMISSIONER, PURSUANT TO APPROPRIATION THEREFOR, IS AUTHORIZED TO UNDERTAKE CLIMATE SMART COMMUNITY PROJECTS. S 54-1505. ELIGIBILITY TO RECEIVE STATE ASSISTANCE PAYMENTS FOR CLIMATE SMART COMMUNITY PROJECTS. ANY MUNICIPALITY MAY APPLY FOR STATE ASSISTANCE PAYMENTS TOWARD THE COST OF A CLIMATE SMART COMMUNITY PROJECT. ANY APPLICATION MUST COMPLY WITH ALL APPLICABLE RULES AND REGULATIONS DETERMINED BY THE DEPARTMENT. S 54-1507. CRITERIA FOR CLIMATE SMART COMMUNITY PROJECTS. COSTS INCURRED PRIOR TO APRIL FIRST, TWO THOUSAND SIXTEEN, SHALL NOT BE ELIGIBLE FOR STATE ASSISTANCE PAYMENTS FUNDED PURSUANT TO THIS TITLE. PROJECTS MUST DEMONSTRATE AN ABILITY TO IDENTIFY, MITIGATE AND/OR ADAPT TO CLIMATE CHANGE VULNERABILITY AND RISK OR DEMONSTRATE POTENTIAL TO REDUCE GREENHOUSE GAS EMISSIONS OUTSIDE THE POWER SECTOR. S 54-1509. STATE ASSISTANCE APPLICATION PROCEDURE. 1. A MUNICIPALITY, UPON THE APPROVAL OF ITS GOVERNING BODY, MAY SUBMIT AN APPLICATION TO THE COMMISSIONER, IN SUCH FORM AND CONTAINING SUCH INFORMATION AS THE COMMISSIONER MAY REQUIRE, FOR STATE ASSISTANCE PAYMENTS TOWARD THE COST OF A PROJECT WHICH IS WITHIN THE STATE OF NEW YORK AND WHICH IS ELIGIBLE FOR STATE ASSISTANCE PURSUANT TO THIS TITLE. 2. THE COMMISSIONER SHALL REVIEW SUCH PROJECT APPLICATION AND MAY APPROVE, DISAPPROVE OR RECOMMEND MODIFICATIONS THERETO CONSISTENT WITH APPLICABLE LAW, CRITERIA, STANDARDS OR RULES AND REGULATIONS RELATIVE TO SUCH PROJECTS. IN REVIEWING APPLICATIONS FOR PROJECTS PURSUANT TO THIS SECTION, THE COMMISSIONER SHALL GIVE DUE CONSIDERATION TO: A. THE URGENCY OF NEED TO PROVIDE STATE ASSISTANCE PAYMENTS FOR THE PROJECT IN RELATION TO THE PROVISION OF MONIES FOR OTHER PROJECT NEEDS IN THE STATE KNOWN AT THE TIME SUCH APPLICATION IS MADE; B. THE PROJECT'S CONTRIBUTION TO THE STATE'S CLIMATE GOALS; AND C. THE ABILITY OF THE MUNICIPALITY TO PAY FOR THE COSTS OF THE CLIMATE SMART COMMUNITY PROJECT. S 54-1511. STATE ASSISTANCE PAYMENTS FOR CLIMATE SMART COMMUNITY PROJECTS. 1. UNLESS OTHERWISE SPECIFIED BY LAW, THE COMMISSIONER IS AUTHORIZED TO PROVIDE ON A COMPETITIVE BASIS, WITHIN AMOUNTS APPROPRIATED, STATE ASSISTANCE PAYMENTS TO A MUNICIPALITY TOWARD THE COST OF ANY CLIMATE SMART COMMUNITY PROJECT APPROVED BY THE COMMISSIONER PROVIDED THAT THE COMMISSIONER DETERMINES THAT FUTURE PHYSICAL CLIMATE RISK DUE TO SEA LEVEL RISE, AND/OR STORM SURGES AND/OR FLOODING, BASED ON AVAILABLE DATA PREDICTING THE LIKELIHOOD OF FUTURE EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICABLE, HAS BEEN CONSIDERED, EXCEPT THAT SUCH DETERMINATION SHALL NOT APPLY TO REBATES FOR ELIGIBLE PURCHASES PURSUANT TO SECTION 54-1521 OF THIS TITLE. 2. THE COMMISSIONER AND A MUNICIPALITY MAY ENTER INTO A CONTRACT FOR THE UNDERTAKING OF A CLIMATE SMART COMMUNITY PROJECT. SUCH PROJECT SHALL BE RECOMMENDED TO THE COMMISSIONER BY THE GOVERNING BODY OF THE MUNICI- PALITY, AND WHEN APPROVED BY THE COMMISSIONER, UNDERTAKEN BY THE MUNICI- PALITY PURSUANT TO THIS ARTICLE AND ANY OTHER APPLICABLE PROVISIONS OF LAW. 3. STATE ASSISTANCE PAYMENTS SHALL NOT EXCEED FIFTY 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. 4. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS WHICH SHALL INCLUDE CRITERIA FOR DETERMINING ELIGIBLE EXPENDITURES AND PROCEDURES S. 6408--C 33 A. 9008--C FOR GOVERNING THE COMMITMENT AND DISBURSEMENT OF FUNDS APPROPRIATED IN ACCORDANCE WITH THIS TITLE. THE COMMISSIONER SHALL ALSO PROMULGATE RULES AND REGULATIONS WHICH SHALL INCLUDE APPLICATION PROCEDURES, REVIEW PROC- ESSES, AND PROJECT APPROVAL GUIDELINES AND CRITERIA. S 54-1513. CLIMATE CHANGE MITIGATION EASEMENTS. A MUNICIPALITY WHICH DEVELOPS, IMPROVES, RESTORES OR REHABILITATES REAL PROPERTY THAT IS NOT OWNED BY THE MUNICIPALITY PURSUANT TO THIS TITLE WITH FUNDS MADE AVAILABLE PURSUANT TO THIS TITLE SHALL OBTAIN A CLIMATE CHANGE MITIGATION EASEMENT FROM THE OWNER OF THE REAL PROPERTY. CLIMATE CHANGE MITIGATION EASEMENTS SHALL BE ENFORCED AS CONSERVATION EASEMENTS ARE ENFORCED IN SECTION 49-0305 OF THIS CHAPTER. S 54-1515. CONTRACTS FOR STATE ASSISTANCE PAYMENTS FOR CLIMATE SMART COMMUNITY PROJECTS. 1. AFTER APPROVAL OF THE APPLICATION, THE COMMISSIONER MAY, IN THE NAME OF THE STATE, ENTER INTO CONTRACTS WITH MUNICIPALITIES, TO PROVIDE STATE ASSISTANCE PAYMENTS TOWARD THE COST OF CLIMATE SMART COMMUNITY PROJECTS, WHICH SHALL INCLUDE THE FOLLOWING PROVISIONS: A. AN ESTIMATE OF THE COSTS OF THE PROJECT AS DETERMINED BY THE COMMISSIONER; B. AN AGREEMENT BY THE COMMISSIONER TO MAKE STATE ASSISTANCE PAYMENTS TOWARD THE COST OF THE PROJECT BY PERIODICALLY REIMBURSING THE MUNICI- PALITY DURING THE PROGRESS OF PROJECT DEVELOPMENT OR FOLLOWING COMPLETION OF THE PROJECT AS MAY BE AGREED UPON BY THE PARTIES, IN AN AMOUNT NOT TO EXCEED THE AMOUNTS ESTABLISHED ELSEWHERE IN THIS TITLE; AND C. AN AGREEMENT BY THE MUNICIPALITY: (I) TO PROCEED EXPEDITIOUSLY WITH AND COMPLETE THE PROJECT AS APPROVED BY THE COMMISSIONER; (II) TO UNDERTAKE AND MAINTAIN THE CLIMATE SMART COMMUNITY PROJECT IN ACCORDANCE WITH APPLICABLE LAW AND RULES AND REGULATIONS; (III) TO PROVIDE FOR THE PAYMENT OF THE MUNICIPALITY'S SHARE OF THE COST OF THE PROJECT; (IV) TO ASSUME THE FULL COST OF ANY ADDITIONAL ELEMENTS OR CONTINUED OPERATION OF THE PROJECT; (V) TO REPAY WITHIN ONE YEAR OF NOTIFICATION BY THE COMMISSIONER, ANY STATE ASSISTANCE PAYMENTS MADE TOWARD THE COST OF THE PROJECT OR AN EQUITABLE PORTION OF SUCH MONIES DECLARED APPROPRIATE BY THE COMMISSION- ER, IF THE MUNICIPALITY FAILS TO COMPLETE THE PROJECT AS APPROVED. NO REPAYMENT, HOWEVER, SHALL BE REQUIRED WHERE THE COMMISSION DETERMINES THAT SUCH FAILURE, DISPOSITION OR CHANGE OF USE WAS IMMEDIATELY NECES- SARY TO PROTECT PUBLIC HEALTH AND SAFETY; AND (VI) TO APPLY FOR AND MAKE REASONABLE EFFORTS TO SECURE FEDERAL ASSISTANCE FOR THE PROJECT. 2. IN CONNECTION WITH EACH CONTRACT, THE COMMISSIONER SHALL KEEP ADEQUATE RECORDS OF THE AMOUNT OF THE PAYMENT BY THE STATE, IF ANY, RECEIVED BY THE MUNICIPALITY. SUCH RECORDS SHALL BE RETAINED BY THE COMMISSIONER AND SHALL ESTABLISH THE BASIS FOR RECALCULATION OF THE STATE PAYMENT AS REQUIRED HEREIN. 3. THE COMMISSIONER SHALL IMPOSE SUCH CONTRACTUAL REQUIREMENTS AND CONDITIONS UPON ANY MUNICIPALITY WHICH RECEIVES STATE ASSISTANCE PAYMENTS PURSUANT TO THIS TITLE AS MAY BE NECESSARY AND APPROPRIATE TO ENSURE THAT A PUBLIC BENEFIT SHALL ACCRUE FROM THE USE OF PUBLIC FUNDS BY SUCH MUNICIPALITY. SUCH CONDITIONS SHALL INCLUDE LIMITATIONS ON THE RIGHT OF THE MUNICIPALITY TO DEMOLISH OR CONVEY SUCH PROPERTY, PROVISIONS FOR PUBLIC ACCESS OR USE WHERE APPROPRIATE, A REQUIREMENT THAT ALL PLANS FOR RESTORATION, REHABILITATION, IMPROVEMENT, DEMOLITION S. 6408--C 34 A. 9008--C OR OTHER PHYSICAL CHANGE MUST BE SUBJECT TO THE COMMISSIONER'S APPROVAL, AND SUCH OTHER CONDITIONS WHICH SHALL ASSURE THE PRESERVATION AND PROTECTION OF THE PROJECT. S 54-1517. POWERS AND DUTIES OF THE COMMISSIONER. IN ADMINISTERING THE PROVISIONS OF THIS TITLE THE COMMISSIONER: 1. SHALL MAKE AN ITEMIZED ESTIMATE OF FUNDS OR APPROPRIATIONS REQUESTED ANNUALLY FOR INCLUSION IN THE EXECUTIVE BUDGET; 2. MAY, IN THE NAME OF THE STATE, AS FURTHER PROVIDED WITHIN THIS ARTICLE, CONTRACT TO MAKE, WITHIN THE LIMITATIONS OF APPROPRIATION AVAILABLE THEREFOR, STATE ASSISTANCE PAYMENTS TOWARD THE COSTS OF AN APPROVED PROJECT. SUCH CONTRACTS SHALL BE SUBJECT TO APPROVAL BY THE STATE COMPTROLLER AND, AS TO FORM, BY THE ATTORNEY GENERAL; 3. SHALL APPROVE VOUCHERS FOR THE PAYMENTS PURSUANT TO AN APPROVED CONTRACT. ALL SUCH PAYMENTS SHALL BE PAID ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER; AND 4. MAY PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROPER OR DESIRABLE TO CARRY OUT THE PROVISIONS OF THIS ARTICLE. S 54-1519. POWERS AND DUTIES OF A MUNICIPALITY. A MUNICIPALITY SHALL HAVE THE POWER AND AUTHORITY TO: 1. UNDERTAKE AND CARRY OUT ANY PROJECT FOR WHICH STATE ASSISTANCE PAYMENTS PURSUANT TO CONTRACT ARE RECEIVED OR ARE TO BE RECEIVED PURSU- ANT TO THIS ARTICLE AND MAINTAIN AND OPERATE SUCH PROJECT; 2. EXPEND MONEY RECEIVED FROM THE STATE PURSUANT TO THIS ARTICLE FOR COSTS INCURRED IN CONJUNCTION WITH THE APPROVED PROJECT; AND 3. PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROPER OR DESIRABLE TO CARRY OUT A PROJECT OR OBLIGATION, DUTY OR FUNCTION RELATED THERETO. S 54-1521. CLEAN VEHICLE PROJECTS. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW- ING MEANINGS: A. "ELIGIBLE INFRASTRUCTURE PROJECT" SHALL MEAN ANY FACILITY (NOT INCLUDING A BUILDING AND ITS STRUCTURAL COMPONENTS) THAT IS USED PRIMA- RILY FOR THE PUBLIC CHARGING AND/OR FUELING OF VEHICLES WHICH MEET THE ELIGIBLE VEHICLE DEFINITION THAT HAS RECEIVED REQUIRED FEDERAL, STATE AND LOCAL PERMITS AND AUTHORIZATIONS COMPLIES WITH ZONING. B. "ELIGIBLE PURCHASE" SHALL MEAN THE PURCHASE BY A MUNICIPALITY TO OWN OR LEASE FOR A PERIOD OF NOT LESS THAN THIRTY-SIX MONTHS OF AN ELIGIBLE VEHICLE PLACED INTO SERVICE ON OR AFTER APRIL FIRST, TWO THOU- SAND SIXTEEN AT A DEALER LOCATED WITHIN NEW YORK. C. "ELIGIBLE VEHICLE" MEANS AND INCLUDES A NEW MOTOR VEHICLE THAT: (I) HAS FOUR WHEELS; (II) WAS MANUFACTURED FOR USE PRIMARILY ON PUBLIC STREETS, ROADS AND HIGHWAYS; (III) THE POWERTRAIN OF WHICH HAS NOT BEEN MODIFIED FROM THE ORIGINAL MANUFACTURER'S SPECIFICATIONS; (IV) IS RATED AT NOT MORE THAN EIGHT THOUSAND FIVE HUNDRED POUNDS GROSS VEHICLE WEIGHT; (V) HAS A MAXIMUM SPEED CAPABILITY OF AT LEAST FIFTY-FIVE MILES PER HOUR; AND (VI) IS PROPELLED AT LEAST IN PART BY AN ELECTRIC MOTOR AND ASSOCIATED POWER ELECTRONICS WHICH PROVIDE ACCELERATION TORQUE TO THE DRIVE WHEELS SOMETIME DURING NORMAL VEHICLE OPERATION, AND THAT DRAWS ELECTRICITY FROM A HYDROGEN FUEL CELL OR FROM A BATTERY THAT: (A) HAS A CAPACITY OF NOT LESS THAN FOUR KILOWATT HOURS; AND (B) IS CAPABLE OF BEING RECHARGED FROM AN EXTERNAL SOURCE OF ELECTRIC- ITY. S. 6408--C 35 A. 9008--C 2. A. UNTIL APRIL 1, 2023, THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE ENERGY RESEARCH DEVELOPMENT AUTHORITY, IS AUTHORIZED TO ISSUE REBATES UNTIL THE ANNUAL ALLOCATION IS EXHAUSTED TO MUNICIPALITIES TOWARD THE COST OF ANY ELIGIBLE INFRASTRUCTURE PROJECTS WHICH SUPPORT THE DEVELOPMENT OF CLEAN VEHICLES. B. THE DEPARTMENT, IN CONSULTATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, SHALL DETERMINE THE AMOUNT OF THE REBATE FOR ELIGIBLE INFRASTRUCTURE PROJECTS, PROVIDED THAT AN APPLICANT FOR SUCH ELIGIBLE INFRASTRUCTURE PROJECT REBATE MAY RECEIVE A MAXIMUM REBATE OF TWO HUNDRED FIFTY THOUSAND DOLLARS PER FACILITY. 3. A. UNTIL APRIL 1, 2023, THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, IS AUTHORIZED TO ISSUE REBATES UNTIL THE ANNUAL ALLOCATION IS EXHAUSTED TO MUNICI- PALITIES TOWARD THE COST OF ELIGIBLE PURCHASES OF CLEAN VEHICLES. B. THE DEPARTMENT, IN CONSULTATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, SHALL DETERMINE THE AMOUNT OF THE REBATE TAKING INTO CONSIDERATION THE ELECTRIC RANGE OF THE VEHICLE, PROVIDED THAT A REBATE OF AN ELIGIBLE PURCHASE SHALL BE NOT LESS THAN SEVEN HUNDRED FIFTY DOLLARS PER VEHICLE AND NOT MORE THAN FIVE THOUSAND DOLLARS PER VEHICLE. 4. THE DEPARTMENT, IN CONSULTATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, SHALL PROMULGATE RULES TO IMPLEMENT AND ADMINISTER THIS TITLE INCLUDING RULES RELATING TO THE FORMS REQUIRED TO CLAIM A REBATE, THE REQUIRED DOCUMENTATION FOR ESTABLISHING ELIGIBIL- ITY FOR A REBATE, PROCEDURES AND GUIDELINES FOR CLAIMING A REBATE, AND THE COLLECTION OF ECONOMIC IMPACT DATA FROM APPLICANTS AND ANY OTHER REQUIREMENTS THE DEPARTMENT AND NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY DEEM NECESSARY. THE DEPARTMENT SHALL DETERMINE AND PUBLISH ON ITS WEBSITE ON AN ONGOING BASIS THE AMOUNT OF AVAILABLE FUND- ING FOR REBATES REMAINING IN EACH FISCAL YEAR. 5. NO LATER THAN APRIL FIRST, TWO THOUSAND EIGHTEEN AND ANNUALLY THER- EAFTER, THE DEPARTMENT SHALL ISSUE A REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY DETAILING THE STATUS OF ITS PROGRAM TO ENCOURAGE THE DEPLOYMENT OF CLEAN VEHICLES. SUCH REPORT SHALL INCLUDE: A. THE AMOUNT OF FUNDING DEDICATED BY THE DEPARTMENT FOR THE PROGRAM IN THE PRECEDING YEAR; B. THE AMOUNT OF ELIGIBLE PURCHASES AND ELIGIBLE INFRASTRUCTURE PROJECTS FOR WHICH A REBATE WAS AWARDED; C. THE AMOUNT AND GEOGRAPHIC DISTRIBUTION OF REBATES; AND D. ANY OTHER INFORMATION THE DEPARTMENT DEEMS NECESSARY. S 54-1523. CLIMATE ADAPTATION AND MITIGATION PROJECTS. 1. THE COMMISSIONER IS AUTHORIZED TO PROVIDE ON A COMPETITIVE BASIS, WITHIN AMOUNTS APPROPRIATED, STATE ASSISTANCE PAYMENTS TO A MUNICIPALITY TOWARD THE COST OF ANY CLIMATE ADAPTATION OR MITIGATION PROJECTS. SUCH PROJECTS SHALL INCLUDE: A. THE CONSTRUCTION OF NATURAL RESILIENCY MEASURES, CONSERVATION OR RESTORATION OF RIPARIAN AREAS AND TIDAL MARSH MIGRATION AREAS; B. NATURE-BASED SOLUTIONS SUCH AS WETLAND PROTECTIONS TO ADDRESS PHYS- ICAL CLIMATE RISK DUE TO SEA LEVEL RISE, AND/OR STORM SURGES AND/OR FLOODING, BASED ON AVAILABLE DATA PREDICTING THE LIKELIHOOD OF FUTURE EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICA- BLE; C. RELOCATION OR RETROFIT OF FACILITIES TO ADDRESS PHYSICAL CLIMATE RISK DUE TO SEA LEVEL RISE, AND/OR STORM SURGES AND/OR FLOODING BASED ON S. 6408--C 36 A. 9008--C AVAILABLE DATA PREDICTING THE LIKELIHOOD OF FUTURE EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICABLE; D. FLOOD RISK REDUCTION; E. GREENHOUSE GAS EMISSION REDUCTIONS OUTSIDE THE POWER SECTOR; F. ENABLING COMMUNITIES TO BECOME CERTIFIED UNDER THE CLIMATE SMART COMMUNITIES PROGRAM, INCLUDING BY DEVELOPING NATURAL RESOURCES INVENTO- RIES, RIGHT SIZING OF MUNICIPAL FLEETS AND DEVELOPING CLIMATE ADAPTATION STRATEGIES; AND G. CLIMATE CHANGE ADAPTATION PLANNING AND SUPPORTING STUDIES, INCLUD- ING BUT NOT LIMITED TO VULNERABILITY ASSESSMENT AND RISK ANALYSIS OF MUNICIPAL DRINKING WATER, WASTEWATER, AND TRANSPORTATION INFRASTRUCTURE. 2. TO THE FULLEST EXTENT PRACTICABLE, IT IS THE POLICY OF THE STATE TO PROMOTE AN EQUITABLE REGIONAL DISTRIBUTION OF CLIMATE ADAPTATION AND MITIGATION PROJECTS, CONSISTENT WITH THE PURPOSE OF THIS TITLE, TAKING INTO ACCOUNT REGIONAL DIFFERENCES IN CLIMATE CHANGE RISKS, SOCIOECONOMIC CONDITIONS AND ECOLOGICAL RESOURCES. 3. NO MONIES SHALL BE EXPENDED FOR LAND ACQUISITION. S 6. Paragraph (a) of subdivision 1 of section 33-1201 of the environ- mental conservation law, as added by chapter 279 of the laws of 1996, is amended to read as follows: a. The department shall develop a pesticide sales and use computer data base [in conjunction with Cornell University]. The data base shall be maintained at the department. S 7. Paragraph b of subdivision 1 of section 918 of the executive law, as added by chapter 840 of the laws of 1981, is amended to read as follows: b. To any local government or local government agency for research, design, and other activities which serve to facilitate construction projects provided for in an approved waterfront revitalization program; provided, however, THAT SUCH PROJECTS SHALL TAKE INTO ACCOUNT THE FUTURE PHYSICAL CLIMATE RISK DUE TO SEA LEVEL RISE, AND/OR STORM SURGES AND/OR FLOODING, BASED ON AVAILABLE DATA PREDICTING THE LIKELIHOOD OF FUTURE EXTREME WEATHER EVENTS INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICABLE AND PROVIDED, FURTHER, that such grants or payments shall not exceed ten percent of the estimated cost of such construction project. S 8. Until January 1, 2018 or such time as regulations are adopted pursuant to section 54-1521 of the environmental conservation law, whichever is sooner, the department of environmental conservation, in consultation with the New York state energy research and development authority, is authorized to issue rebates pursuant to a request for proposal which shall specify rules relating to the forms, procedures and guidelines for claiming a rebate for the purchase of eligible vehicles and eligible infrastructure projects. Until January 1, 2018 or such time as regulations are adopted pursuant to section 54-1511 of the envi- ronmental conservation law, whichever is sooner, the department of envi- ronmental conservation is authorized to provide state assistance to municipalities pursuant to one or more request for proposal which shall include criteria for determining scoring of projects, eligible expendi- tures and procedures governing the commitment and disbursement of funds pursuant to section 54-1523 of the environmental conservation law. The department shall make all information required to be included in a request for proposal pursuant to this section publicly available. S 9. Paragraph (h) of subdivision 1 of section 56-0303 of the environ- mental conservation law, as added by chapter 413 of the laws of 1996, is amended to read as follows: S. 6408--C 37 A. 9008--C (h) For state assistance payments for the cost of water quality improvement projects intended for any waters of the state FOR PROJECTS TO SUPPORT A STUDY OF GROUNDWATER QUALITY IN LONG ISLAND OR OPEN SPACE LAND CONSERVATION PROJECTS which have been (a) approved by the commis- sioner, (b) identified in plans in accordance with section 1455b of the federal [costal] COASTAL zone management act or article forty-two of the executive law and approved by the secretary of state, or (c) developed in accordance with title eleven-b of article two of the soil and water conservation districts law and approved by the state soil and water conservation committee and commissioner of agriculture and markets. S 10. This act shall take effect immediately, provided, however, that section six of this act shall take effect on April 1, 2018. PART V Intentionally Omitted PART W Section 1. Subdivision 2 of section 16-w 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 FF of chapter 58 of the laws of 2015, is amended to read as follows: 2. The corporation shall consult with the department of agriculture and markets in order to establish such criteria governing the award of grants as authorized herein, as the corporation and such department deem necessary. Such criteria shall include, but not be limited to[: (a)], farmers who have not produced an "agricultural product" as defined by section three hundred twenty-eight of the agriculture and markets law, for more than ten consecutive years, and who will mate- rially and substantially participate in the production of an agricul- tural product within a region of the state. [(b) farms of one hundred fifty acres or less.] S 2. This act shall take effect immediately. PART X Section 1. Subdivisions 3, 5 and 7 of section 19-0323 of the environ- mental conservation law, subdivisions 3 and 5 as amended by section 1 and subdivision 7 as amended by section 2 of part II of chapter 58 of the laws of 2015, are amended to read as follows: 3. Any diesel powered heavy duty vehicle that is owned by, operated by or on behalf of, or leased by a state agency and state and regional public authority with more than half of its governing body appointed by the governor shall utilize the best available retrofit technology for reducing the emission of pollutants. The commissioner shall promulgate regulations for the implementation of this subdivision specifying that all vehicles covered by this subdivision shall have best available retrofit technology on or before December 31, [2016] 2017. This subdivision shall not apply to any vehicle subject to a lease or public works contract entered into or renewed prior to the effective date of this section. 5. In addition to any waiver which may be issued pursuant to subdivi- sion four of this section, the department shall issue a waiver to a state agency, a state or regional public authority, or a person operat- ing any diesel-powered heavy duty vehicle on behalf of a state agency, S. 6408--C 38 A. 9008--C state or regional public authority, upon a request in a form acceptable to the department for a waiver from the provisions of subdivision three of this section for a vehicle engine provided that such vehicle engine will cease to be used in the state on or before December thirty-first, two thousand [seventeen] EIGHTEEN. Any waiver issued pursuant to this subdivision shall expire when a state agency, a state or regional public authority, or a person operating any diesel-powered heavy duty vehicle on behalf of a state agency, state or regional public authority ceases to use the engine in the state but not later than December thirty-first, two thousand [seventeen] EIGHTEEN. 7. On or before January 1, 2008 and every year thereafter, the commis- sioner shall report to the governor and legislature on the use of ultra low sulfur diesel fuel. On or before January 1, [2017] 2018 and every year thereafter, the commissioner shall include in the report to the governor and legislature the use of the best available retrofit technol- ogy as required under this section. The information contained in this report shall include, but not be limited to, for each state agency and public authority covered by this section: (a) the total number of diesel fuel-powered motor vehicles owned or operated by such agency and author- ity; (b) the number of such motor vehicles that were powered by ultra low sulfur diesel fuel; (c) the total number of diesel fuel-powered motor vehicles owned or operated by such agency and authority having a gross vehicle weight rating of more than 8,500 pounds; (d) the number of such motor vehicles that utilized the best available retrofit technolo- gy, including a breakdown by motor vehicle model, engine year and the type of technology used for each vehicle; (e) the number of such motor vehicles that are equipped with an engine certified to the applicable 2007 United States environmental protection agency standard for particu- late matter as set forth in section 86.007-11 of title 40 of the code of federal regulations or to any subsequent United States environmental protection agency standard for particulate matter that is at least as stringent; and (f) all waivers, findings, and renewals of such findings, which, for each waiver, shall include, but not be limited to, the quan- tity of diesel fuel needed to power diesel fuel-powered motor vehicles owned or operated by such agency and authority; specific information concerning the availability of ultra low sulfur diesel fuel. S 2. This act shall take effect immediately. PART Y Section 1. The opening paragraph of section 2231 of the vehicle and traffic law is designated subdivision 1 and a new subdivision 2 is added to read as follows: 2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, THE COMMISSIONER SHALL ALSO DEPOSIT FIVE DOLLARS OF THE FEES COLLECTED PURSUANT TO PARA- GRAPHS (A), (B) AND (C) OF SUBDIVISION FOUR OF SECTION TWO THOUSAND TWO HUNDRED TWENTY-TWO OF THIS ARTICLE, TO THE CREDIT OF THE SNOWMOBILE TRAIL DEVELOPMENT AND MAINTENANCE FUND. S 2. This act shall take effect October 1, 2016. PART Z Section 1. Paragraph (e) of subdivision 1 of section 66-j of the public service law, as amended by chapter 355 of the laws of 2009, and the opening paragraph as amended by chapter 336 of the laws of 2010, is amended to read as follows: S. 6408--C 39 A. 9008--C (e) "Farm waste electric generating equipment" means equipment that generates electric energy from biogas produced by the anaerobic digestion of agricultural waste, such as livestock manure, farming wastes and food processing wastes with a rated capacity of not more than [one] TWO thousand kilowatts, that is: (i) manufactured, installed, and operated in accordance with applica- ble government and industry standards; (ii) connected to the electric system and operated in conjunction with an electric corporation's transmission and distribution facilities; (iii) operated in compliance with any standards and requirements established under this section; (iv) fueled at a minimum of ninety percent on an annual basis by biogas produced from the anaerobic digestion of agricultural waste such as livestock manure materials, crop residues, and food processing waste; and (v) fueled by biogas generated by anaerobic digestion with at least fifty percent by weight of its feedstock being livestock manure materi- als on an annual basis. S 2. This act shall take effect immediately. PART AA Section 1. Zero emissions vehicle and electric vehicle rebate program. 1. Definitions. For purposes of this act, the following terms shall have the following meanings: a. "Authority" shall mean the New York state energy research and development authority. b. "Eligible vehicle" means and includes a new motor vehicle that: (i) has four wheels; (ii) was manufactured for use primarily on public streets, roads and highways; (iii) the powertrain of which has not been modified from the original manufacturer's specifications; (iv) is rated at not more than eight thousand five hundred pounds gross vehicle weight; (v) has a maximum speed capability of at least fifty-five miles per hour; and (vi) is propelled at least in part by an electric motor and associated power electronics which provide acceleration torque to the drive wheels sometime during normal vehicle operation, and that draws electricity from a hydrogen fuel cell or from a battery that: (A) has a capacity of not less than four kilowatt hours; and (B) is capable of being recharged from an external source of electric- ity. 2. No later than one year after the effective date of this act, the authority shall develop a program to encourage the deployment of zero emissions vehicles and electric vehicles. 3. The program created pursuant to this act shall include rebates for eligible purchases, provided that a rebate for an eligible purchase shall not exceed two thousand dollars. 4. Within one year of the effective date of this act, the authority shall implement and administer this act including rules relating to the forms required to claim a rebate, the required documentation for estab- lishing eligibility for a rebate, procedures and guidelines for claiming a rebate, and the collection of economic impact data from applicants and any other requirements the authority deems necessary. S. 6408--C 40 A. 9008--C The authority shall determine and publish on its website on an ongoing basis the amount of available funding for rebates remaining in each fiscal year. 5. No later than April 1, 2018 and annually thereafter, the authority shall issue a report to the temporary president of the senate, the speaker of the assembly, the chair of the senate committee on energy and telecommunications and the chair of the assembly committee on energy detailing the status of its program to encourage the deployment of zero emissions vehicles and electric vehicles. Such report shall include: a. the amount of funding dedicated by the authority for the program in the preceding year; b. the amount of eligible purchases for which a rebate was awarded; c. the amount and geographic distribution of rebates; and d. any other information the authority deems necessary. S 2. This act shall take effect immediately. PART BB Section 1. Sections 1 and 2 of subpart H of part C of chapter 20 of the laws of 2015, appropriating money for certain municipal corporations and school districts are REPEALED and two new sections 1 and 2 are added to read as follows: SECTION 1. CONTINGENT UPON AVAILABLE FUNDING, AND NOT TO EXCEED $30,000,000, MONEYS FROM THE URBAN DEVELOPMENT CORPORATION SHALL BE AVAILABLE FOR A LOCAL GOVERNMENT ENTITY, WHICH FOR THE PURPOSES OF THIS SECTION SHALL MEAN A COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT OR SPECIAL DISTRICT, WHERE (I) ON OR AFTER JUNE 25, 2015, AN ELECTRIC GENERATING FACILITY LOCATED WITHIN SUCH LOCAL GOVERNMENT ENTITY HAS CEASED OPERATIONS, AND (II) THE CLOSING OF SUCH FACILITY HAS CAUSED A REDUCTION IN THE REAL PROPERTY TAX COLLECTIONS OR PAYMENTS IN LIEU OF TAXES OF AT LEAST TWENTY PERCENT OWED BY SUCH ELECTRIC GENERATING FACIL- ITY. SUCH MONEYS ATTRIBUTABLE TO THE CESSATION OF OPERATIONS, SHALL BE PAID ANNUALLY ON A FIRST COME, FIRST SERVED BASIS BY THE URBAN DEVELOP- MENT CORPORATION TO SUCH LOCAL GOVERNMENT ENTITY WITHIN A REASONABLE TIME UPON CONFIRMATION FROM THE STATE OFFICE OF REAL PROPERTY TAX SERVICES OR THE LOCAL INDUSTRIAL DEVELOPMENT AUTHORITY ESTABLISHED PURSUANT TO TITLES ELEVEN AND FIFTEEN OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW, OR THE LOCAL INDUSTRIAL DEVELOPMENT AGENCY ESTABLISHED PURSUANT TO ARTICLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW THAT SUCH CESSATION HAS RESULTED IN A REDUCTION IN THE REAL PROPERTY TAX COLLECTIONS OR PAYMENTS IN LIEU OF TAXES, PROVIDED, HOWEVER, THAT THE URBAN DEVELOPMENT CORPORATION SHALL NOT PROVIDE ASSISTANCE TO SUCH LOCAL GOVERNMENT ENTITY FOR MORE THAN FIVE YEARS, AND SHALL NOT AWARD IN THE FIRST YEAR MORE THAN EIGHTY PERCENT OF THE LOSS OF REVENUES DUE TO THE CESSATION OF OPERATIONS. A LOCAL GOVERNMENT ENTITY SHALL BE ELIGIBLE FOR ONLY ONE PAYMENT OF FUNDS HEREUNDER PER YEAR. A LOCAL GOVERNMENT ENTITY MAY SEEK ASSISTANCE UNDER THE ELECTRIC GENERATION FACILITY CESSATION MITIGATION FUND ONCE A GENERATOR HAS SUBMITTED ITS NOTICE TO THE FEDER- ALLY DESIGNATED ELECTRIC BULK SYSTEM OPERATOR (BSO) SERVING THE STATE OF NEW YORK OF ITS INTENT TO RETIRE THE FACILITY OR OF ITS INTENT TO VOLUN- TARILY REMOVE THE FACILITY FROM SERVICE SUBJECT TO ANY RETURN-TO-SERVICE PROVISIONS OF ANY TARIFF, AND THAT THE FACILITY ALSO IS INELIGIBLE TO PARTICIPATE IN THE MARKETS OPERATED BY THE BSO. THE DATE OF SUBMISSION OF A LOCAL GOVERNMENT ENTITY'S APPLICATION FOR ASSISTANCE SHALL ESTAB- LISH THE ORDER IN WHICH ASSISTANCE IS PAID TO PROGRAM APPLICANTS, EXCEPT THAT IN NO EVENT SHALL ASSISTANCE BE PAID TO A LOCAL GOVERNMENT ENTITY S. 6408--C 41 A. 9008--C UNTIL SUCH TIME THAT AN ELECTRIC GENERATING FACILITY HAS RETIRED OR BECOME INELIGIBLE TO PARTICIPATE IN THE MARKETS OPERATED BY THE BSO. FOR PURPOSES OF THIS SECTION, ANY LOCAL GOVERNMENT ENTITY SEEKING ASSISTANCE UNDER THE ELECTRIC GENERATION FACILITY CESSATION MITIGATION FUND MUST SUBMIT AN ATTESTATION TO THE DEPARTMENT OF PUBLIC SERVICE THAT A FACILI- TY IS NO LONGER PRODUCING ELECTRICITY AND IS NO LONGER PARTICIPATING IN MARKETS OPERATED BY THE BSO. AFTER RECEIPT OF SUCH ATTESTATION, THE DEPARTMENT OF PUBLIC SERVICE SHALL CONFIRM SUCH INFORMATION WITH THE BSO. IN THE CASE THAT THE BSO CONFIRMS TO THE DEPARTMENT OF PUBLIC SERVICE THAT THE FACILITY IS NO LONGER PRODUCING ELECTRICITY AND PARTIC- IPATING IN MARKETS OPERATED BY SUCH BSO, IT SHALL BE DEEMED THAT THE ELECTRIC GENERATING FACILITY LOCATED WITHIN THE LOCAL GOVERNMENT ENTITY HAS CEASED OPERATION. THE DEPARTMENT OF PUBLIC SERVICE SHALL PROVIDE SUCH CONFIRMATION TO THE URBAN DEVELOPMENT CORPORATION UPON RECEIPT. THE DETERMINATION OF THE AMOUNT OF SUCH ANNUAL PAYMENT SHALL BE DETERMINED BY THE PRESIDENT OF THE URBAN DEVELOPMENT CORPORATION BASED ON THE AMOUNT OF THE DIFFERENTIAL BETWEEN THE ANNUAL REAL PROPERTY TAXES AND PAYMENTS IN LIEU OF TAXES IMPOSED UPON THE FACILITY, EXCLUSIVE OF INTER- EST AND PENALTIES, DURING THE LAST YEAR OF OPERATIONS AND THE CURRENT REAL PROPERTY TAXES AND PAYMENTS IN LIEU OF TAXES IMPOSED UPON THE FACILITY, EXCLUSIVE OF INTEREST AND PENALTIES. THE TOTAL AMOUNT AWARDED FROM THIS PROGRAM SHALL NOT EXCEED $30,000,000. S 2. NOTWITHSTANDING ANY PROVISION OF LAW, RULE, OR REGULATION TO THE CONTRARY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY (AUTHORITY) IS AUTHORIZED AND DIRECTED TO MAKE A CONTRIBUTION TO THE URBAN DEVELOPMENT CORPORATION FOR THE PURPOSES OF THIS ACT, AN AMOUNT NOT TO EXCEED $30,000,000 FOR THE STATE FISCAL YEAR COMMENCING APRIL 1, 2016 FROM PROCEEDS COLLECTED BY THE AUTHORITY FROM THE AUCTION OR SALE OF CARBON DIOXIDE EMISSION ALLOWANCES ALLOCATED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. S 2. This act shall take effect immediately provided, however, that the amendments to subpart H of part C of chapter 20 of the laws of 2015 made by section one of this act shall not affect the repeal of such subpart and shall be deemed repealed therewith. S 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. S 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through BB of this act shall be as specifically set forth in the last section of such Parts.
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