Senate Bill S7508B

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 7508                                                  A. 9508
 
                       S E N A T E - A S S E M B L Y
 
                             January 22, 2020
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when printed to be committed to the Committee on Finance
 
 IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
   article seven of the Constitution -- read once  and  referred  to  the
   Committee on Ways and Means

 AN  ACT to amend the highway law and the transportation law, in relation
   to consolidated local highway assistance payments (Part A);  to  amend
   the  vehicle  and  traffic law in relation to penalties for commercial
   vehicles on parkways and penalties for over-height vehicles (Part  B);
   to  amend  the  vehicle and traffic law, in relation to the display of
   amber and blue lights on safety service patrol vehicles (Part  C);  to
   amend  the  penal  law and the vehicle and traffic law, in relation to
   highway worker safety (Subpart A); to amend the  vehicle  and  traffic
   law and the highway law, in relation to highway clearance (Subpart B);
   and  to  amend  the  vehicle and traffic law, in relation to increased
   fines for injury to pedestrians (Subpart C) (Part  D);  to  amend  the
   vehicle  and  traffic  law,  in  relation  to the maximum dimension of
   certain vehicles proceeding to and from the  New  York  state  thruway
   authority  (Part  E); to amend the public authorities law, in relation
   to agreements for fiber optics (Part F); to amend the public  authori-
   ties  law and the highway law, in relation to consolidation of the New
   York state bridge authority with the New York state thruway authority;
   and to repeal title 2 of article  3  of  the  public  authorities  law
   relating  thereto  (Part  G); to amend the vehicle and traffic law, in
   relation to penalties for unlicensed operation of  ground  transporta-
   tion  to  and  from airports (Part H); to amend the public authorities
   law, in relation to setting the aggregate principal  amount  of  bonds
   the  Metropolitan  transit authority, the Triborough bridge and tunnel
   authority and the New York city transit authority can issue (Part  I);
   to  amend  the  public  authorities  law,  in relation to procurements
   conducted by the New York City transit authority and the  metropolitan
   transportation  authority;  to amend part OO of chapter 54 of the laws
   of 2016, amending the public authorities law relating to  procurements
   by  the New York City transit authority and the metropolitan transpor-
   tation authority, in relation to the  effectiveness  thereof;  and  to
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12673-01-0

 S. 7508                             2                            A. 9508
 
   repeal certain provisions of the public authorities law relating ther-
   eto  (Part  J);  to  amend chapter 54 of the laws of 2016 amending the
   general municipal law relating to the New York transit  authority  and
   the  metropolitan  transportation  authority, in relation to extending
   authorization for tax increment financing for the metropolitan  trans-
   portation  authority (Part K); to amend the public authorities law, in
   relation to providing the metropolitan transit authority the right  to
   enter  private  property  to  trim  trees  and  vegetation  for safety
   purposes (Part L); to amend the penal law, in  relation  to  including
   the  intentional  use  of  any  toll highway, parkway, road, bridge or
   tunnel or entry  into  or  remaining  in  a  tolled  central  business
   district  without  payment  of the lawful toll or charge as a theft of
   services; and to amend the vehicle and traffic law, in relation to the
   penalty imposed upon the operator of a  vehicle  with  an  altered  or
   obscured license plate while on a toll highway, bridge or tunnel (Part
   M);  to amend the penal law, in relation to assaulting certain employ-
   ees of a transit agency or authority (Part N); to amend the penal law,
   in relation to harassing certain employees  of  a  transit  agency  or
   authority  (Part O); to amend the penal law and the public authorities
   law, in relation to transit crimes and prohibition orders relating  to
   such crimes (Part P); to amend the business corporation law, the coop-
   erative  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 hous-
   ing  finance law, the arts and cultural affairs 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 Q); 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  effec-
   tiveness  thereof  (Part  R);  to  amend  the general business law, in
   relation to prohibiting gender discrimination within  the  pricing  of
   consumer  goods  and  services (Part S); to amend the general business
   law, in relation to telemarketing and to provide for caller  identifi-
   cation  transparency, call authentication, and call blocking services;
   and to repeal certain provisions of such law  relating  thereto  (Part
   T);  to amend the state law, in relation to making changes to the arms
   of the state (Part U); to amend the executive law, the  real  property
   law  and  the  general business law, in relation to qualifications for
   appointment and employment (Part V); to amend the real  property  law,
   in  relation  to  home  inspection professional licensing (Part W); to
   amend the business corporation law, the  executive  law,  the  limited
   liability  company  law,  the  not-for-profit corporation law, and the
   partnership law, in  relation  to  filing  of  certificates  with  the
   department  of  state; and repealing provisions of the business corpo-
   ration law, the limited liability company law and the tax law  related
   thereto  (Part  X);  to authorize utility and cable television assess-
   ments that provide funds to the department of health from cable  tele-
   vision  assessment  revenues  and to the department of agriculture and
   markets,  department  of  environmental  conservation,  department  of
   state,  and  the office of parks, recreation and historic preservation
   from utility assessment revenues (Part Y); to amend the public service
   law, in relation to strengthening the oversight and enforcement  mech-

 S. 7508                             3                            A. 9508
 
   anisms  of the public service commission (Part Z); to amend the public
   service law, the state finance law, the public authorities law and the
   general business law, in  relation  to  prohibiting  internet  service
   providers from preventing access to certain internet content or appli-
   cations  or  requiring users to pay to access certain internet content
   or applications (Part AA); to amend  the  general  municipal  law,  in
   relation  to  authorizing municipal corporations to charge for use and
   occupancy of fiber-optic lines on municipally owned rights of way  and
   establish  a  uniform  process  for  the siting of small cell wireless
   facilities; and to amend the highway law,  in  relation  to  statewide
   master  license agreements (Part BB); 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 rela-
   tive to the establishment of subsidiaries  for  certain  purposes,  in
   relation  to the effectiveness thereof (Part CC); to amend the infras-
   tructure investment act, in relation to requiring certain contracts to
   comply with service-disabled veteran-owned business enterprises, nego-
   tiating prices in  certain  lump-sum  contracts,  referencing  certain
   sections of law and providing for a date of repeal (Part DD); to amend
   the  New  York state urban development corporation act, in relation to
   extending the authority of the New York state urban development corpo-
   ration to administer the empire state economic development fund  (Part
   EE);  to  amend  chapter 393 of the laws of 1994 amending the New York
   state urban development corporation act, relating to the powers of the
   New York  state  urban  development  corporation  to  make  loans,  in
   relation  to  extending  the general loan powers of the New York state
   urban development corporation (Part FF); to amend the economic  devel-
   opment law, in relation to economic transformation program eligibility
   (Part  GG); to authorize the New York state energy research and devel-
   opment authority to finance a portion of its research, development and
   demonstration, policy and planning, and Fuel NY program,  as  well  as
   climate  change  related  expenses  of the department of environmental
   conservation and the department of agriculture and  markets'  Fuel  NY
   program,  from  an  assessment  on gas and electric corporations (Part
   HH); to amend the labor law, in relation to the definitions of employ-
   er and immediate family member (Part II); to amend the general munici-
   pal law, in relation to discretionary spending and procurement  proce-
   dures  for  school  districts  in  relation to New York state products
   (Part JJ); to amend the public authorities law,  in  relation  to  the
   water  pollution control revolving fund and the drinking water revolv-
   ing fund (Part KK); to amend the banking law and  the  civil  practice
   law and rules, in relation to licensing consumer debt collectors (Part
   LL);  to  amend  the  financial services law, in relation to licensing
   student debt relief consultants; and to  amend  the  banking  law,  in
   relation  to  requiring  fingerprinting for applications for a student
   loan servicer license (Part MM); to amend the financial  services  law
   and  the  insurance  law, in relation to protecting New York consumers
   from unfair and abusive practices (Part NN); to amend the banking law,
   in relation to fighting elder financial fraud (Part OO); to amend  the
   environmental  conservation  law,  in relation to expanded polystyrene
   foam container and polystyrene loose fill  packaging  ban  (Part  PP);
   authorizing  the creation of state debt in the amount of three billion
   dollars, in relation to creating the environmental bond  act  of  2020
   "restore mother nature" for the purposes of environmental improvements
   that  preserve,  enhance, and restore New York's natural resources and
   reduce the impact of climate change by restoring habitats and reducing

 S. 7508                             4                            A. 9508
 
   flood risk; improving water quality; protecting open space and invest-
   ing in recreational infrastructure; expanding  the  use  of  renewable
   energy to mitigate climate change; and providing for the submission to
   the  people  of a proposition or question therefor to be voted upon at
   the general election to be held in November, 2020 (Part QQ); to  amend
   the  environmental  conservation  law  and  the  state finance law, in
   relation to the implementation of the environmental bond act  of  2020
   "restore  mother nature" (Part RR); to amend the environmental conser-
   vation law, in relation to a product stewardship program; and to amend
   the state finance law, in relation  to  establishing  the  stewardship
   organization  fund  (Part SS); to amend the environmental conservation
   law, in  relation  to  freshwater  wetlands;  and  to  repeal  certain
   provisions  of  such  law relating thereto (Part TT); to authorize the
   county of Nassau, to permanently and temporarily convey certain  ease-
   ments  and  to  temporarily alienate certain parklands (Subpart A); to
   authorize the village of East Rockaway, county of  Nassau,  to  perma-
   nently  and  temporarily  convey  certain easements and to temporarily
   alienate certain parklands (Subpart B); and to authorize  the  village
   of  Rockville Centre, county of Nassau, to permanently and temporarily
   convey certain easements and to temporarily alienate certain parklands
   (Subpart C) (Part UU); to amend the environmental conservation law, in
   relation to financial security for the plugging and  site  reclamation
   of  regulated wells (Part VV); to amend the environmental conservation
   law, in relation to banning fracking (Part WW); to amend  the  vehicle
   and  traffic  law,  in relation to bicycles with electric assist (Part
   XX); to amend chapter 62 of the laws of 2003, amending the vehicle and
   traffic law and other laws relating to increasing certain motor  vehi-
   cle transaction fees, in relation to the effectiveness thereof; and to
   amend  chapter  84 of the laws of 2002, amending the state finance law
   relating to the costs of the department of motor vehicles, in relation
   to the effectiveness thereof (Part YY); 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 extending the effectiveness
   thereof (Part ZZ); to amend the vehicle and traffic law,  in  relation
   to the regulation of the use of electric scooters (Part AAA); to amend
   the  public  authorities  law, in relation to the centers for advanced
   technology program; and to repeal section 410 of the economic develop-
   ment law relating to the centers for excellence program (Part BBB); to
   amend the insurance law, the public authorities law and the  tax  law,
   in  relation  to  authorizing  the power authority of the state of New
   York to form a pure captive insurance company (Part CCC); to amend the
   Hudson river park act, in relation to Pier 76 (Part DDD); to amend the
   New York Buy American Act, in relation to the report  to  be  provided
   and to making such provisions permanent (Part EEE); to amend the labor
   law,  in  relation  to prevailing wage requirements (Part FFF); and to
   amend the labor law, in relation to classification of digital  market-
   place workers; and to establish the New York digital marketplace work-
   er classification task force (Part GGG)
 
   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 2020-2021

 S. 7508                             5                            A. 9508
 
 state  fiscal  year.  Each  component  is wholly contained within a Part
 identified as Parts A through GGG. The effective date for  each  partic-
 ular  provision  contained  within  such  Part  is set forth in the last
 section  of  such  Part. Any provision in any section contained within a
 Part, including the effective date of the Part, which makes a  reference
 to a section "of this act", when used in connection with that particular
 component,  shall  be  deemed  to  mean  and  refer to the corresponding
 section of the Part in which it is found. Section three of this act sets
 forth the general effective date of this act.
 
                                  PART A
 
   Section 1. Paragraph (e) of subdivision 4 of section 10-c of the high-
 way law, as amended by section 2 of subpart B of part C of chapter 97 of
 the laws of 2011, is amended to read as follows:
   (e) Funds allocated for local street or highway  projects  under  this
 subdivision shall be used to undertake work on a project either with the
 municipality's own forces or by contract, provided however, that whenev-
 er  the  estimate for the construction contract work exceeds one hundred
 thousand dollars but does not exceed [two] SEVEN hundred fifty  thousand
 dollars  such  work must be performed either with the municipality's own
 forces or by contract let by competitive  bid  in  accordance  with  the
 provisions of section one hundred three of the general municipal law and
 provided   further,   however,   that  whenever  the  estimate  for  the
 construction contract work exceeds [two] SEVEN  hundred  fifty  thousand
 dollars  such  work must be performed by contract let by competitive bid
 in accordance with the provisions of section one hundred  three  of  the
 general municipal law.
   §  2.  Subdivision  6  of  section  234  of the transportation law, as
 amended by chapter 369 of the laws  of  1979,  is  amended  to  read  as
 follows:
   6.  for local street or highway projects, to undertake the work of the
 project either with its own forces or by contract, however, whenever the
 estimate for the construction contract work exceeds SEVEN HUNDRED  fifty
 thousand  dollars  such  work  must  be performed by contract let by the
 competitive bid process.
   § 3. This act shall take effect immediately.
 
                                  PART B
 
   Section 1. Subdivisions (g) and (h) of section 1800 of the vehicle and
 traffic law, as added by chapter 221 of the laws of 2008, are amended to
 read as follows:
   (g) Notwithstanding the provisions of subdivisions (b) and (c) of this
 section, a person convicted of a traffic infraction for a  violation  of
 any  ordinance, order, rule, regulation or local law adopted pursuant to
 one or more of the following provisions of this chapter: paragraphs  two
 and  nine  of  subdivision  (a)  of  section sixteen hundred twenty-one;
 subdivision three of section sixteen hundred thirty; or subdivision five
 of section seventy-one of the transportation law, prohibiting the opera-
 tion on a highway or parkway of a motor vehicle registered as a  commer-
 cial  vehicle  and  having  a  gross  vehicle weight rating of less than
 [twenty-six] TEN thousand pounds shall, for a first conviction  thereof,
 be  punished  by a fine of not more than two hundred fifty dollars or by
 imprisonment of not more than fifteen days or  by  both  such  fine  and
 imprisonment; for a conviction of a second violation, both of which were

 S. 7508                             6                            A. 9508
 
 committed  within  a  period  of  eighteen  months, such person shall be
 punished by a fine of not more than five hundred dollars or by imprison-
 ment for not more than forty-five days or by both such fine  and  impri-
 sonment;  upon  a  conviction of a third or subsequent violation, all of
 which were committed within a period of  eighteen  months,  such  person
 shall be punished by a fine of not more than seven hundred fifty dollars
 or by imprisonment of not more than ninety days or by both such fine and
 imprisonment.  Provided,  however,  the  provisions  of this subdivision
 shall not apply to a commercial motor vehicle as such term is defined in
 paragraph (a) of subdivision four of section five hundred one-a of  this
 chapter.
   (h) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS (B) AND (C) OF THIS
 SECTION,  A  PERSON CONVICTED OF A TRAFFIC INFRACTION FOR A VIOLATION OF
 ANY ORDINANCE, ORDER, RULE, REGULATION OR LOCAL LAW ADOPTED PURSUANT  TO
 ONE OR MORE OF THE FOLLOWING PROVISIONS OF THIS CHAPTER:  PARAGRAPHS TWO
 AND  NINE  OF  SUBDIVISION  (A)  OF  SECTION SIXTEEN HUNDRED TWENTY-ONE;
 SUBDIVISION THREE OF SECTION SIXTEEN HUNDRED THIRTY; OR SUBDIVISION FIVE
 OF SECTION SEVENTY-ONE OF THE TRANSPORTATION LAW, PROHIBITING THE OPERA-
 TION ON A HIGHWAY OR PARKWAY OF A MOTOR VEHICLE REGISTERED AS A  COMMER-
 CIAL  VEHICLE  AND  HAVING A GROSS VEHICLE WEIGHT RATING OF AT LEAST TEN
 THOUSAND POUNDS BUT NO MORE THAN TWENTY-SIX THOUSAND POUNDS SHALL, FOR A
 FIRST CONVICTION THEREOF, BE PUNISHED BY A FINE OF  NOT  MORE  THAN  ONE
 THOUSAND  DOLLARS OR BY IMPRISONMENT OF NOT MORE THAN FIFTEEN DAYS OR BY
 BOTH SUCH FINE AND IMPRISONMENT; FOR A CONVICTION OF A SECOND VIOLATION,
 BOTH OF WHICH WERE COMMITTED WITHIN A PERIOD OF  EIGHTEEN  MONTHS,  SUCH
 PERSON  SHALL  BE  PUNISHED  BY  A FINE OF NOT MORE THAN FIFTEEN HUNDRED
 DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN FORTY-FIVE DAYS OR BY  BOTH
 SUCH  FINE  AND IMPRISONMENT; UPON A CONVICTION OF A THIRD OR SUBSEQUENT
 VIOLATION, ALL OF WHICH WERE  COMMITTED  WITHIN  A  PERIOD  OF  EIGHTEEN
 MONTHS,  SUCH  PERSON  SHALL  BE PUNISHED BY A FINE OF NOT MORE THAN TWO
 THOUSAND FIVE HUNDRED DOLLARS OR BY IMPRISONMENT OF NOT MORE THAN NINETY
 DAYS OR BY BOTH SUCH  FINE  AND  IMPRISONMENT;  PROVIDED,  HOWEVER,  THE
 PROVISIONS  OF  THIS  SUBDIVISION  SHALL NOT APPLY TO A COMMERCIAL MOTOR
 VEHICLE AS SUCH TERM IS DEFINED IN PARAGRAPH (A) OF SUBDIVISION FOUR  OF
 SECTION FIVE HUNDRED ONE-A OF THIS CHAPTER.
   (I) Notwithstanding the provisions of subdivisions (b) and (c) of this
 section,  a  person convicted of a traffic infraction for a violation of
 any ordinance, order, rule, regulation or local law adopted pursuant  to
 one  or more of the following provisions of this chapter: paragraphs two
 and nine of subdivision  (a)  of  section  sixteen  hundred  twenty-one;
 subdivision three of section sixteen hundred thirty; or subdivision five
 of section seventy-one of the transportation law, prohibiting the opera-
 tion on a highway or parkway of a commercial motor vehicle as defined in
 paragraph  (a) of subdivision four of section five hundred one-a of this
 chapter, for a first conviction thereof, be punished by a  fine  of  not
 more than [three hundred fifty] FIVE THOUSAND dollars or by imprisonment
 of not more than fifteen days or by both such fine and imprisonment; for
 a  conviction of a second violation, both of which were committed within
 a period of eighteen months, such person shall be punished by a fine  of
 not more than seven THOUSAND FIVE hundred dollars or by imprisonment for
 not  more  than  forty-five  days or by both such fine and imprisonment;
 upon a conviction of a third or subsequent violation, all of which  were
 committed  within  a  period  of  eighteen  months, such person shall be
 punished by a fine of not more than [one] TEN  thousand  dollars  or  by
 imprisonment  of  not  more  than  ninety  days or by both such fine and
 imprisonment. IN ADDITION TO THE PENALTIES PROVIDED FOR IN THIS SUBDIVI-

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 SION, THE REGISTRATION OF THE VEHICLE MAY BE SUSPENDED FOR A PERIOD  NOT
 TO  EXCEED ONE YEAR WHETHER AT THE TIME OF THE VIOLATION THE VEHICLE WAS
 IN CHARGE OF THE OWNER OR HIS AGENT.  THE  PROVISIONS  OF  SECTION  FIVE
 HUNDRED  TEN  OF  THIS  CHAPTER SHALL APPLY TO SUCH SUSPENSION EXCEPT AS
 OTHERWISE PROVIDED HEREIN.
   § 2. Subdivision 18 of section 385 of the vehicle and traffic law,  as
 amended by chapter 549 of the laws of 1985, is amended, and a new subdi-
 vision 18-a is added, to read as follows:
   18.  Except  as provided in subdivision EIGHTEEN-A OR nineteen of this
 section, the violation of the provisions of  this  section  including  a
 violation  related  to  the operation, within a city not wholly included
 within one county, of a vehicle which exceeds the  limitations  provided
 for  in  the rules and regulations of the city department of transporta-
 tion of such city, shall be punishable by a fine of not  less  than  two
 hundred  nor  more than five hundred dollars, or by imprisonment for not
 more than thirty days, or by both such fine and  imprisonment,  for  the
 first offense; by a fine of not less than five hundred nor more than one
 thousand dollars, or by imprisonment for not more than sixty days, or by
 both  such  fine and imprisonment, for the second or subsequent offense;
 provided that a sentence or execution thereof for  any  violation  under
 this  subdivision  may  not  be  suspended.  For  any  violation  of the
 provisions of this section, including a violation related to the  opera-
 tion,  within a city not wholly included within one county, of a vehicle
 which exceeds the limitations provided for in the rules and  regulations
 of  the city department of transportation of such city, the registration
 of the vehicle may be suspended for a period  not  to  exceed  one  year
 whether  at  the  time of the violation the vehicle was in charge of the
 owner or his agent. The provisions of section five hundred ten  of  this
 chapter  shall  apply  to  such  suspension except as otherwise provided
 herein.
   18-A. A VIOLATION OF THE PROVISIONS OF SUBDIVISION TWO OR FOURTEEN  OF
 THIS  SECTION, WHERE THE VIOLATION RELATES TO THE HEIGHT OF THE VEHICLE,
 INCLUDING A VIOLATION RELATED TO THE OPERATION, WITHIN A CITY NOT WHOLLY
 INCLUDED WITHIN ONE COUNTY, OF A VEHICLE WHICH EXCEEDS  THE  LIMITATIONS
 PROVIDED  FOR  IN  THE  RULES  AND REGULATIONS OF THE CITY DEPARTMENT OF
 TRANSPORTATION OF SUCH CITY, SHALL BE PUNISHABLE BY A FINE OF  NOT  MORE
 THAN  FIVE THOUSAND DOLLARS, OR BY IMPRISONMENT FOR NOT MORE THAN THIRTY
 DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT, FOR THE FIRST OFFENSE; BY A
 FINE OF NOT MORE THAN SEVEN THOUSAND FIVE HUNDRED DOLLARS, OR BY  IMPRI-
 SONMENT FOR NOT MORE THAN SIXTY DAYS, OR BY BOTH SUCH FINE AND IMPRISON-
 MENT,  FOR THE SECOND OR SUBSEQUENT OFFENSE; PROVIDED THAT A SENTENCE OR
 EXECUTION THEREOF FOR ANY VIOLATION UNDER THIS SUBDIVISION  MAY  NOT  BE
 SUSPENDED.  FOR ANY VIOLATION OF THE PROVISIONS OF THIS SECTION, INCLUD-
 ING  A  VIOLATION  RELATED  TO  THE  OPERATION, WITHIN A CITY NOT WHOLLY
 INCLUDED WITHIN ONE COUNTY, OF A VEHICLE WHICH EXCEEDS  THE  LIMITATIONS
 PROVIDED  FOR  IN  THE  RULES  AND REGULATIONS OF THE CITY DEPARTMENT OF
 TRANSPORTATION OF SUCH CITY, THE REGISTRATION  OF  THE  VEHICLE  MAY  BE
 SUSPENDED FOR A PERIOD NOT TO EXCEED ONE YEAR WHETHER AT THE TIME OF THE
 VIOLATION  THE  VEHICLE  WAS  IN  CHARGE  OF THE OWNER OR HIS AGENT. THE
 PROVISIONS OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER  SHALL  APPLY  TO
 SUCH SUSPENSION EXCEPT AS OTHERWISE PROVIDED HEREIN.
   § 3. This act shall take effect immediately.
 
                                  PART C

 S. 7508                             8                            A. 9508
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 141-c to read as follows:
   §  141-C.  SAFETY  SERVICE PATROL VEHICLE. A VEHICLE DESIGNATED BY THE
 COMMISSIONER OF TRANSPORTATION TO PROVIDE  HIGHWAY  INCIDENT  MANAGEMENT
 AND  MOTORIST  ASSISTANCE  BY,  AMONG OTHER THINGS, CLEARING HIGHWAYS OF
 DISABLED AND DAMAGED  VEHICLES;  PERMANENTLY  OR  TEMPORARILY  REPAIRING
 DISABLED OR DAMAGED VEHICLES; CLEARING SMALL DEBRIS RESULTING FROM MINOR
 ACCIDENTS  OR  VEHICLE  REPAIR;  AND ASSISTING EMERGENCY RESPONDERS WITH
 TRAFFIC CONTROL AT HIGHWAY INCIDENTS.
   § 2. Subparagraphs a and c of paragraph 4 of subdivision 41 of section
 375 of the vehicle and traffic law, as amended by  chapter  465  of  the
 laws of 2010, are amended to read as follows:
   a.  One  blue  light  may  be  affixed to any motor vehicle owned by a
 volunteer member of a fire department or on a motor vehicle owned  by  a
 member  of  such  person's family residing in the same household or by a
 business enterprise in which such person has a proprietary  interest  or
 by  which he or she is employed, provided such volunteer firefighter has
 been authorized in writing to so affix a blue light by the chief of  the
 fire department or company of which he or she is a member, which author-
 ization  shall  be  subject  to  revocation at any time by the chief who
 issued the same or his or her successor in office. Such blue  light  may
 be displayed exclusively by such volunteer firefighter on such a vehicle
 only  when  engaged in an emergency operation. The use of blue lights on
 vehicles shall be restricted for use only  by  a  volunteer  firefighter
 except  as  otherwise provided for in [subparagraph] SUBPARAGRAPHS b AND
 B-1 of this paragraph.
   c. The commissioner is authorized to promulgate rules and  regulations
 relating  to  the  use, placement, power and display of blue lights on a
 police vehicle [and], fire vehicle AND SAFETY PATROL VEHICLE.
   § 3. Paragraph 4 of subdivision 41 of section 375 of the  vehicle  and
 traffic  law  is  amended  by  adding  a new subparagraph b-1 to read as
 follows:
   B-1. IN ADDITION TO THE AMBER LIGHT AUTHORIZED TO BE DISPLAYED  PURSU-
 ANT  TO  PARAGRAPH THREE OF THIS SUBDIVISION, ONE OR MORE BLUE LIGHTS OR
 COMBINATION BLUE AND AMBER LIGHTS MAY BE AFFIXED  TO  A  SAFETY  SERVICE
 PATROL  VEHICLE  PROVIDED  THAT  SUCH  BLUE  LIGHT  OR  LIGHTS  SHALL BE
 DISPLAYED FOR REAR PROJECTION ONLY. SUCH BLUE LIGHT  OR  LIGHTS  MAY  BE
 DISPLAYED  ON  A SAFETY SERVICE PATROL VEHICLE WHEN SUCH VEHICLE IS ALSO
 DISPLAYING AMBER LIGHT OR LIGHTS PURSUANT TO  PARAGRAPH  THREE  OF  THIS
 SUBDIVISION.  NOTHING  CONTAINED IN THIS SUBPARAGRAPH SHALL BE DEEMED TO
 AUTHORIZE THE USE OF BLUE LIGHTS ON A  SAFETY  SERVICE  PATROL  VEHICLES
 UNLESS  SUCH  SAFETY  SERVICE  PATROL  VEHICLES ALSO DISPLAY ONE OR MORE
 AMBER LIGHTS AS OTHERWISE AUTHORIZED IN THIS SUBDIVISION.
   § 4. Subdivision (b) of section 1144-a of the vehicle and traffic law,
 as amended by chapter 458 of the laws of 2011, is amended to to read  as
 follows:
   (b) Every operator of a motor vehicle shall exercise due care to avoid
 colliding  with a hazard vehicle which is parked, stopped or standing on
 the shoulder or on any portion of such highway and such  hazard  vehicle
 is  displaying  one  or  more amber lights pursuant to the provisions of
 paragraph three of subdivision forty-one of section three hundred seven-
 ty-five of this chapter OR, IF SUCH HAZARD VEHICLE IS A  SAFETY  SERVICE
 PATROL  VEHICLE,  SUCH VEHICLE IS DISPLAYING ONE OR MORE AMBER LIGHTS OR
 ONE OR MORE BLUE OR COMBINATION BLUE AND AMBER LIGHTS  PURSUANT  TO  THE
 PROVISIONS  OF PARAGRAPH THREE OR SUBPARAGRAPH B-1 OF PARAGRAPH FOUR, AS
 APPLICABLE, OF SUBDIVISION FORTY-ONE OF SECTION THREE  HUNDRED  SEVENTY-

 S. 7508                             9                            A. 9508
 
 FIVE  OF  THIS  CHAPTER.  For operators of motor vehicles on parkways or
 controlled access highways, such due care  shall  include,  but  not  be
 limited to, moving from a lane which contains or is immediately adjacent
 to  the  shoulder  where  (I) such hazard vehicle displaying one or more
 amber lights pursuant to the provisions of paragraph three  of  subdivi-
 sion  forty-one of section three hundred seventy-five of this chapter OR
 (II) SUCH SAFETY SERVICE PATROL VEHICLE DISPLAYING  ONE  OR  MORE  AMBER
 LIGHTS  OR  ONE OR MORE BLUE OR COMBINATION AND AMBER LIGHTS PURSUANT TO
 THE PROVISIONS OF PARAGRAPH THREE OR SUBPARAGRAPH B-1 OF PARAGRAPH FOUR,
 AS APPLICABLE, OF SUBDIVISION FORTY-ONE OF SECTION THREE HUNDRED  SEVEN-
 TY-FIVE OF THIS CHAPTER, is parked, stopped or standing to another lane,
 provided  that such movement otherwise complies with the requirements of
 this chapter including, but not limited to, the provisions  of  sections
 eleven hundred ten and eleven hundred twenty-eight of this title.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART D
 
   Section  1.  This  act enacts into law components of legislation which
 are necessary to implement legislation relating  to  enacting  the  slow
 down  and look out for highway workers and pedestrians act of 2020. Each
 component is wholly contained within a Subpart identified as Subparts  A
 through  C.  The  effective date for each particular provision contained
 within such Subpart is set forth in the last section  of  such  Subpart.
 Any  provision  in any section contained within a Subpart, including the
 effective date of the Subpart, which makes a reference to a section  "of
 this act", when used in connection with that particular component, shall
 be  deemed to mean and refer to the corresponding section of the Subpart
 in which it is found. Section three of this act sets forth  the  general
 effective date of this act.
 
                                 SUBPART A
 
   Section  1.  Subdivisions 3 and 11 of section 120.05 of the penal law,
 subdivision 3 as amended by chapter 267 of the laws of 2016, and  subdi-
 vision  11  as separately amended by chapters 268 and 281 of the laws of
 2016, are amended to read as follows:
   3. With intent to prevent a peace officer, a police officer,  prosecu-
 tor as defined in subdivision thirty-one of section 1.20 of the criminal
 procedure law, registered nurse, licensed practical nurse, public health
 sanitarian,  New York city public health sanitarian, sanitation enforce-
 ment agent, New York city sanitation worker, a firefighter, including  a
 firefighter acting as a paramedic or emergency medical technician admin-
 istering  first  aid  in the course of performance of duty as such fire-
 fighter, an emergency medical service  paramedic  or  emergency  medical
 service  technician, or medical or related personnel in a hospital emer-
 gency department, a city marshal,  a  school  crossing  guard  appointed
 pursuant  to section two hundred eight-a of the general municipal law, a
 traffic enforcement officer, traffic enforcement agent, A HIGHWAY WORKER
 AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND  TRAFFIC
 LAW, A MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED
 IN  SECTION  ONE  HUNDRED  EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, or
 employee of any entity governed by the public service law in the  course
 of  performing  an  essential service, from performing a lawful duty, by
 means including releasing or failing to control an animal under  circum-

 S. 7508                            10                            A. 9508
 
 stances  evincing the actor's intent that the animal obstruct the lawful
 activity of such peace officer, police officer, prosecutor as defined in
 subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
 registered  nurse,  licensed  practical nurse, public health sanitarian,
 New York city public health sanitarian,  sanitation  enforcement  agent,
 New  York  city  sanitation  worker, firefighter, paramedic, technician,
 city marshal, school crossing guard appointed pursuant  to  section  two
 hundred  eight-a of the general municipal law, traffic enforcement offi-
 cer, traffic enforcement agent, HIGHWAY WORKER AS DEFINED BY SECTION ONE
 HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPEC-
 TOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED  IN  SECTION  ONE  HUNDRED
 EIGHTEEN-B  OF  THE  VEHICLE  AND  TRAFFIC LAW, or employee of an entity
 governed by the public service law, he or she causes physical injury  to
 such peace officer, police officer, prosecutor as defined in subdivision
 thirty-one  of  section  1.20  of the criminal procedure law, registered
 nurse, licensed practical nurse, public health sanitarian, New York city
 public health sanitarian, sanitation enforcement agent,  New  York  city
 sanitation  worker,  firefighter,  paramedic,  technician  or medical or
 related personnel in a  hospital  emergency  department,  city  marshal,
 school  crossing guard, traffic enforcement officer, traffic enforcement
 agent, HIGHWAY WORKER AS DEFINED BY SECTION EIGHTEEN-A  OF  THE  VEHICLE
 AND  TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR
 AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND  TRAFFIC
 LAW, or employee of an entity governed by the public service law; or
   11.  With  intent to cause physical injury to a train operator, ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner or terminal cleaner employed by any transit agency, authority or
 company, public or private, whose operation is authorized  by  New  York
 state  or  any  of  its political subdivisions, a city marshal, a school
 crossing guard appointed pursuant to section two hundred eight-a of  the
 general  municipal  law, a traffic enforcement officer, traffic enforce-
 ment agent, A HIGHWAY WORKER AS DEFINED IN  SECTION  ONE  HUNDRED  EIGH-
 TEEN-A  OF  THE  VEHICLE  AND TRAFFIC LAW, A MOTOR VEHICLE INSPECTOR AND
 MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED  EIGHTEEN-B
 OF  THE  VEHICLE  AND  TRAFFIC LAW, prosecutor as defined in subdivision
 thirty-one of section 1.20 of the  criminal  procedure  law,  sanitation
 enforcement  agent, New York city sanitation worker, public health sani-
 tarian, New  York  city  public  health  sanitarian,  registered  nurse,
 licensed  practical nurse, emergency medical service paramedic, or emer-
 gency medical service technician, he or she causes  physical  injury  to
 such  train  operator,  ticket  inspector,  conductor, signalperson, bus
 operator, station agent,  station  cleaner  or  terminal  cleaner,  city
 marshal, school crossing guard appointed pursuant to section two hundred
 eight-a of the general municipal law, traffic enforcement officer, traf-
 fic  enforcement agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED
 EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE  INSPECTOR  AND
 MOTOR  CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B
 OF THE VEHICLE AND TRAFFIC LAW, prosecutor  as  defined  in  subdivision
 thirty-one  of  section  1.20  of the criminal procedure law, registered
 nurse, licensed practical nurse, public health sanitarian, New York city
 public health sanitarian, sanitation enforcement agent,  New  York  city
 sanitation  worker,  emergency  medical  service paramedic, or emergency
 medical  service  technician,  while  such  employee  is  performing  an
 assigned  duty  on,  or directly related to, the operation of a train or
 bus, including the cleaning of a train or bus station  or  terminal,  or
 such  city  marshal, school crossing guard, traffic enforcement officer,

 S. 7508                            11                            A. 9508
 
 traffic enforcement agent, HIGHWAY WORKER  AS  DEFINED  BY  SECTION  ONE
 HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPEC-
 TOR  AND  MOTOR  CARRIER  INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED
 EIGHTEEN-B  OF  THE  VEHICLE  AND  TRAFFIC LAW, prosecutor as defined in
 subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
 registered  nurse,  licensed  practical nurse, public health sanitarian,
 New York city public health sanitarian,  sanitation  enforcement  agent,
 New York city sanitation worker, emergency medical service paramedic, or
 emergency medical service technician is performing an assigned duty; or
   §  2.  The penal law is amended by adding a new section 120.19 to read
 as follows:
 § 120.19 MENACING A HIGHWAY WORKER.
   A PERSON IS GUILTY OF MENACING A HIGHWAY WORKER WHEN HE OR SHE  INTEN-
 TIONALLY PLACES OR ATTEMPTS TO PLACE A HIGHWAY WORKER IN REASONABLE FEAR
 OF  DEATH,  IMMINENT  SERIOUS  PHYSICAL  INJURY  OR PHYSICAL INJURY. FOR
 PURPOSES OF THIS SECTION, A HIGHWAY WORKER SHALL HAVE THE  SAME  MEANING
 AS  DEFINED BY SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC
 LAW.
   MENACING A HIGHWAY WORKER IS A CLASS E FELONY.
   § 3. The vehicle and traffic law is amended by adding two new sections
 118-a and 118-b to read as follows:
   § 118-A. HIGHWAY WORKER. ANY PERSON EMPLOYED BY OR ON  BEHALF  OF  THE
 STATE,  A  COUNTY,  CITY,  TOWN  OR VILLAGE, A PUBLIC AUTHORITY, A LOCAL
 AUTHORITY, OR A PUBLIC UTILITY COMPANY, OR THE AGENT  OR  CONTRACTOR  OF
 ANY  SUCH  ENTITY,  WHO  HAS BEEN ASSIGNED TO PERFORM WORK ON A HIGHWAY,
 INCLUDING MAINTENANCE, REPAIR,  FLAGGING,  UTILITY  WORK,  CONSTRUCTION,
 RECONSTRUCTION  OR  OPERATION OF EQUIPMENT ON PUBLIC HIGHWAY INFRASTRUC-
 TURE AND ASSOCIATED RIGHTS-OF-WAY IN HIGHWAY WORK AREAS, AND SHALL  ALSO
 INCLUDE  ANY  FLAGPERSON  AS DEFINED IN SECTION ONE HUNDRED FIFTEEN-B OF
 THIS ARTICLE.
   § 118-B. MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER  INVESTIGATOR.  ANY
 PERSON  EMPLOYED  BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION WHO
 HAS BEEN ASSIGNED TO PERFORM INSPECTIONS OF ANY MOTOR VEHICLES OR INVES-
 TIGATION OF ANY CARRIERS REGULATED BY THE COMMISSIONER OF THE DEPARTMENT
 OF TRANSPORTATION.
   § 4. Paragraph b of subdivision 2 of section 510 of  the  vehicle  and
 traffic  law  is amended by adding a new subparagraph (xviii) to read as
 follows:
   (XVIII) FOR A PERIOD OF SIX MONTHS WHERE THE HOLDER  IS  CONVICTED  OF
 THE  CRIME  OF ASSAULT IN THE FIRST, SECOND, OR THIRD DEGREE, MENACING A
 HIGHWAY WORKER, OR MENACING IN THE FIRST, SECOND, OR  THIRD  DEGREE,  AS
 DEFINED  BY  ARTICLE  ONE  HUNDRED  TWENTY  OF THE PENAL LAW, WHERE SUCH
 OFFENSE WAS COMMITTED AGAINST A HIGHWAY WORKER.
   § 5. The vehicle and traffic law is amended by adding  a  new  section
 1221-a to read as follows:
   §  1221-A. INTRUSION INTO AN ACTIVE WORK ZONE. 1. NO DRIVER OF A VEHI-
 CLE SHALL ENTER OR INTRUDE INTO AN ACTIVE WORK ZONE EXCEPT  UPON  DIREC-
 TION  FROM  A  FLAGPERSON,  POLICE  OFFICER, OR OTHER VISIBLY DESIGNATED
 PERSON IN CHARGE OF TRAFFIC CONTROL OR UPON  DIRECTION  FROM  A  TRAFFIC
 CONTROL  DEVICE  REGULATING ENTRY THEREIN. FOR PURPOSES OF THIS SECTION,
 THE TERM "ACTIVE WORK ZONE" SHALL MEAN THE PHYSICAL AREA OF  A  HIGHWAY,
 STREET,  OR  PRIVATE ROAD ON WHICH CONSTRUCTION, MAINTENANCE, OR UTILITY
 WORK IS BEING CONDUCTED, WHICH IS MARKED BY SIGNS,  CHANNELING  DEVICES,
 BARRIERS,  PAVEMENT  MARKINGS,  OR  WORK VEHICLES, AND WHERE WORKERS ARE
 PHYSICALLY PRESENT.

 S. 7508                            12                            A. 9508
 
   2. A VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL  CONSTITUTE  A
 CLASS  B  MISDEMEANOR  PUNISHABLE BY A FINE OF NOT LESS THAN TWO HUNDRED
 FIFTY DOLLARS, NOR MORE THAN FIVE HUNDRED DOLLARS  OR  BY  A  PERIOD  OF
 IMPRISONMENT NOT TO EXCEED THREE MONTHS, OR BY BOTH SUCH FINE AND IMPRI-
 SONMENT.
   §  6.  The  vehicle and traffic law is amended by adding a new section
 1221-b to read as follows:
   § 1221-B. WORK ZONE SAFETY AND OUTREACH. THE GOVERNOR'S TRAFFIC SAFETY
 COMMITTEE, UPON CONSULTATION WITH THE  COMMISSIONER  OF  TRANSPORTATION,
 THE  SUPERINTENDENT  OF  STATE POLICE, THE COMMISSIONER, THE CHAIRMAN OF
 THE NEW YORK STATE THRUWAY AUTHORITY, LOCAL  LAW  ENFORCEMENT  AGENCIES,
 AND  REPRESENTATIVES  FOR  CONTRACTORS  AND  LABORERS,  SHALL DESIGN AND
 IMPLEMENT A PUBLIC EDUCATION AND OUTREACH PROGRAM TO  INCREASE  MOTORIST
 AWARENESS  OF  THE IMPORTANCE OF HIGHWAY WORK ZONE SAFETY, TO REDUCE THE
 NUMBER OF WORK ZONE INCIDENTS, INCLUDING SPEEDING,  UNAUTHORIZED  INTRU-
 SIONS  INTO WORK ZONES, AND ANY CONDUCT RESULTING IN THREATS OR INJURIES
 TO HIGHWAY WORKERS, AND TO INCREASE AND PROMOTE WORK ZONE SAFETY.
   § 7. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                 SUBPART B
 
   Section 1. Subdivision 1 of section 600 of the vehicle and traffic law
 is amended by adding a new paragraph c to read as follows:
   C. ANY PERSON OPERATING A MOTOR VEHICLE INVOLVED IN  AN  ACCIDENT  NOT
 INVOLVING  PERSONAL INJURY OR DEATH WHO MOVES SUCH VEHICLE TO A LOCATION
 OFF THE ROADWAY BUT AS NEAR AS POSSIBLE TO THE PLACE  WHERE  THE  DAMAGE
 OCCURRED,  SO  AS NOT TO OBSTRUCT THE REGULAR FLOW OF TRAFFIC, SHALL NOT
 BE CONSTRUED TO BE IN VIOLATION OF  THIS  SUBDIVISION  BECAUSE  OF  SUCH
 MOVEMENT.
   §  2.  Subdivision  2  of section 15 of the highway law, as amended by
 chapter 1110 of the laws of 1971, is amended to read as follows:
   2. The commissioner [of transportation],  A  POLICE  OFFICER,  OR  ANY
 PERSON  ACTING AT THE DISCRETION OF THE COMMISSIONER OR A POLICE OFFICER
 shall have the power to cause the immediate removal, from the  right  of
 way  of  any  state  highway,  of  any  vehicle,  CARGO, OR DEBRIS which
 obstructs or interferes with the use of such a highway for public  trav-
 el;  or  which  obstructs  or  interferes  with the construction, recon-
 struction or maintenance of such a highway; or which obstructs or inter-
 feres with the clearing or removal of snow or ice from such  a  highway;
 or which obstructs or interferes with any operation of the department of
 transportation  during  a public emergency.   THE COMMISSIONER, A POLICE
 OFFICER, OR ANY PERSON ACTING AT THE DISCRETION OF THE COMMISSIONER OR A
 POLICE OFFICER, SHALL NOT BE LIABLE FOR  ANY  DAMAGE  TO  SUCH  VEHICLE,
 CARGO,  OR  DEBRIS, UNLESS SUCH REMOVAL WAS CARRIED OUT IN A RECKLESS OR
 GROSSLY NEGLIGENT MANNER. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM
 "POLICE OFFICER" SHALL HAVE THE SAME MEANING AS DEFINED  BY  SUBDIVISION
 THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   § 3. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section 1. Paragraph 1 of subdivision (b) of section 1146 of the vehi-
 cle  and  traffic law, as amended by chapter 333 of the laws of 2010, is
 amended to read as follows:

 S. 7508                            13                            A. 9508
 
   1. A driver of a motor vehicle who causes physical injury  as  defined
 in article ten of the penal law to a pedestrian or bicyclist while fail-
 ing  to  exercise  due  care  in  violation  of  subdivision (a) of this
 section, shall be guilty of a traffic infraction punishable by a fine of
 not more than [five hundred] ONE THOUSAND dollars or by imprisonment for
 not more than fifteen days or by both such fine and imprisonment.
   § 2. Paragraph 1 of subdivision (c) of section 1146 of the vehicle and
 traffic  law,  as amended by chapter 333 of the laws of 2010, is amended
 to read as follows:
   1. A driver of a motor vehicle who causes serious physical  injury  as
 defined  in  article  ten  of the penal law to a pedestrian or bicyclist
 while failing to exercise due care in violation of  subdivision  (a)  of
 this  section,  shall  be guilty of a traffic infraction punishable by a
 fine of not more than [seven hundred fifty] ONE  THOUSAND  FIVE  HUNDRED
 dollars or by imprisonment for not more than fifteen days or by required
 participation  in a motor vehicle accident prevention course pursuant to
 paragraph (e-1) of subdivision two of section 65.10 of the penal law  or
 by  any combination of such fine, imprisonment or course, and by suspen-
 sion of a license or registration pursuant to subparagraph (xiv) or (xv)
 of paragraph b of subdivision two of section five hundred  ten  of  this
 chapter.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section, subpart or part of this act shall be adjudged by a 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,
 subpart or part thereof directly involved in the  controversy  in  which
 such  judgment shall have been rendered. It is hereby declared to be the
 intent of the legislature that this act would have been enacted even  if
 such invalid provisions had not been included herein.
   §  3.  This act shall take effect immediately, provided, however, that
 the applicable effective date of Subparts A through C of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART E
 
   Section  1.  Subdivision  16 of section 385 of the vehicle and traffic
 law is amended to add fourteen new paragraphs (v), (w), (x),  (y),  (z),
 (aa),  (bb),  (cc),  (dd),  (ee),  (ff),  (gg), (hh) and (ii) to read as
 follows:
   (V) WITHIN A DISTANCE OF APPROXIMATELY ONE  MILE  FROM  THE  NEW  YORK
 STATE  THRUWAY  INTERCHANGE  24  TRAVELING  ALONG INTERSTATE ROUTE 90 TO
 INTERCHANGE 2 WASHINGTON AVENUE,  AND  TO  WASHINGTON  AVENUE  TRAVELING
 WESTBOUND TO FULLER ROAD IN A NORTHERLY DIRECTION TO INTERSTATE ROUTE 90
 TRAVELING  TO  INTERCHANGE  24  OF THE NEW YORK STATE THRUWAY, WHERE THE
 COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE  OR  COMBINA-
 TION  OF  VEHICLES  COULD  OPERATE SAFELY ALONG THE DESIGNATED ROUTE AND
 THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT  PROHIB-
 ITS  THE  OPERATION  OF  SUCH VEHICLE OR COMBINATION OF VEHICLES ON SUCH
 ROUTE.
   (W) WITHIN A DISTANCE OF APPROXIMATELY .25 MILES  FROM  THE  NEW  YORK
 STATE  THRUWAY INTERCHANGE 25A, TRAVELING IN A WESTBOUND DIRECTION ALONG
 INTERSTATE ROUTE 88 TO EXIT 25 TO ROUTE 7, AND TO A LEFT ON BECKER  ROAD
 TRAVELING  IN A SOUTHBOUND DIRECTION ON BECKER ROAD FOR APPROXIMATELY .2

 S. 7508                            14                            A. 9508
 
 MILES TO THE NEW YORK STATE THRUWAY INTERCHANGE 25A  TANDEM  LOT  ACCESS
 ROAD, WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHI-
 CLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED
 ROUTE  AND  THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIRE-
 MENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION OF  VEHICLES
 ON SUCH ROUTE.
   (X)  WITHIN  A  DISTANCE  OF APPROXIMATELY 2.2 MILES FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 34A TRAVELING IN A SOUTHBOUND DIRECTION  ALONG
 INTERSTATE ROUTE 481 TO INTERSTATE 481 EXIT 5E KIRKVILLE ROAD EAST ALONG
 STATE  ROUTE  53  KIRKVILLE ROAD IN AN EASTBOUND DIRECTION TO INTERSTATE
 ROUTE 481 TRAVELING NORTHBOUND TO EXIT 6 TO INTERCHANGE 34A OF  THE  NEW
 YORK  STATE THRUWAY, WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES
 THAT THE VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE  SAFELY  ALONG
 THE  DESIGNATED  ROUTE AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR
 OTHER REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION
 OF VEHICLES ON SUCH ROUTE.
   (Y) WITHIN A DISTANCE OF APPROXIMATELY .8  MILES  FROM  THE  NEW  YORK
 STATE  THRUWAY  INTERCHANGE  35, TRAVELING APPROXIMATELY 200 FEET AROUND
 CARRIER CIRCLE TO TRAVELING NORTHBOUND ON THOMPSON ROAD FOR APPROXIMATE-
 LY 1000 FEET, OR TRAVELING SOUTHBOUND ON THOMPSON ROAD APPROXIMATELY 100
 FEET, TO TRAVELING WESTBOUND ON TARBELL ROAD FOR APPROXIMATELY .5  MILES
 TO  REENTER  AT  THE  DEWITT  SERVICE AREA OF THE NEW YORK STATE THRUWAY
 WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE  OR
 COMBINATION  OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE
 AND THAT NO APPLICABLE FEDERAL  LAW,  REGULATION  OR  OTHER  REQUIREMENT
 PROHIBITS  THE  OPERATION  OF SUCH VEHICLE OR COMBINATION OF VEHICLES ON
 SUCH ROUTE.
   (Z) WITHIN A DISTANCE OF APPROXIMATELY ONE  MILE  FROM  THE  NEW  YORK
 STATE  THRUWAY  INTERCHANGE  36  TRAVELING  IN A SOUTHBOUND DIRECTION ON
 INTERSTATE 81 TO INTERSTATE 81 EXIT 25 7TH NORTH STREET,  AND  TRAVELING
 EASTBOUND ON 7TH NORTH STREET TO INTERSTATE 81 TRAVELING IN A NORTHBOUND
 DIRECTION  TO  INTERCHANGE  36  OF THE NEW YORK STATE THRUWAY, WHERE THE
 COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE  OR  COMBINA-
 TION  OF  VEHICLES  COULD  OPERATE SAFELY ALONG THE DESIGNATED ROUTE AND
 THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT  PROHIB-
 ITS  THE  OPERATION  OF  SUCH VEHICLE OR COMBINATION OF VEHICLES ON SUCH
 ROUTE.
   (AA) WITHIN A DISTANCE OF APPROXIMATELY .6 MILES  FROM  THE  NEW  YORK
 STATE  THRUWAY  INTERCHANGE  39 TRAVELING EASTBOUND ON INTERSTATE 690 TO
 INTERSTATE 690 EXIT 2 JONES ROAD IN  A  NORTHBOUND  DIRECTION  TO  STATE
 ROUTE  690  NORTH TO INTERCHANGE 39 OF THE NEW YORK STATE THRUWAY, WHERE
 THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR COMBI-
 NATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED  ROUTE  AND
 THAT  NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT PROHIB-
 ITS THE OPERATION OF SUCH VEHICLE OR COMBINATION  OF  VEHICLES  ON  SUCH
 ROUTE.
   (BB)  WITHIN  A  DISTANCE  OF APPROXIMATELY .5 MILES FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 45, TRAVELING ON INTERSTATE 490 TO  INTERSTATE
 490  EXIT 29, IN A SOUTHWESTERLY DIRECTION ALONG NEW YORK STATE ROUTE 96
 TO THE POINT WHERE NEW YORK STATE ROUTE 96 INTERSECTS WITH THE  ENTRANCE
 RAMP TO THE NEW YORK STATE THRUWAY INTERCHANGE 45, AND FOR APPROXIMATELY
 .2  MILES  ALONG THIS ENTRANCE RAMP TO THE NEW YORK STATE THRUWAY INTER-
 CHANGE 45, WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT  THE
 VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIG-
 NATED  ROUTE  AND  THAT  NO  APPLICABLE FEDERAL LAW, REGULATION OR OTHER

 S. 7508                            15                            A. 9508
 
 REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE  OR  COMBINATION  OF
 VEHICLES ON SUCH ROUTE.
   (CC)  WITHIN  A  DISTANCE  OF APPROXIMATELY .6 MILES FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 46, TRAVELING IN A NORTHEASTERLY DIRECTION  ON
 THE  RAMP  FROM  THE NEW YORK STATE THRUWAY INTERCHANGE 46 TO INTERSTATE
 390 NORTH EXIT TO NEW YORK STATE ROUTE 253, LEHIGH STATION ROAD,  FOR  A
 DISTANCE  OF  APPROXIMATELY  .5 MILES ALONG THE RAMP FROM INTERSTATE 390
 NORTH EXIT TO NEW YORK STATE ROUTE  253,  LEHIGH  STATION  ROAD,  FOR  A
 DISTANCE  OF  APPROXIMATELY  .6  MILES IN A WESTERLY DIRECTION ALONG NEW
 YORK STATE ROUTE 253, LEHIGH STATION ROAD, TO THE  INTERSECTION  OF  NEW
 YORK  STATE  ROUTE 253 WITH NEW YORK STATE ROUTE 15, THEN FOR A DISTANCE
 OF APPROXIMATELY .6 MILES IN A SOUTHERLY DIRECTION ALONG NEW YORK  STATE
 ROUTE  15,  TO  THE  NEW  YORK  STATE THRUWAY INTERCHANGE 46 MAINTENANCE
 FACILITY ENTRANCE, WHERE THE COMMISSIONER OF  TRANSPORTATION  DETERMINES
 THAT  THE  VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG
 THE DESIGNATED ROUTE AND THAT NO APPLICABLE FEDERAL LAW,  REGULATION  OR
 OTHER REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION
 OF VEHICLES ON SUCH ROUTE.
   (DD)  WITHIN  A  DISTANCE  OF APPROXIMATELY .3 MILES FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 47, TRAVELING ON INTERSTATE 490 TO  INTERSTATE
 490  EXIT 1, TO A DISTANCE OF APPROXIMATELY .2 MILES ALONG THE RAMP FROM
 INTERSTATE 490 EXIT 1, FOR A DISTANCE OF APPROXIMATELY  .4  MILES  IN  A
 SOUTHWESTERLY DIRECTION TO THE ENTRANCE RAMP OF THE NEW YORK STATE THRU-
 WAY  INTERCHANGE 47, WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES
 THAT THE VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE  SAFELY  ALONG
 THE  DESIGNATED  ROUTE AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR
 OTHER REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION
 OF VEHICLES ON SUCH ROUTE.
   (EE) WITHIN A DISTANCE OF APPROXIMATELY .6 MILES  FROM  THE  NEW  YORK
 STATE  THRUWAY  INTERCHANGE 19, TRAVELING IN A WESTBOUND DIRECTION ALONG
 ROUTE 28 TO ROUTE 209, AND TRAVELING IN A SOUTHBOUND DIRECTION ON  ROUTE
 209  FOR  APPROXIMATELY  .1 MILES TO ROUTE 28, AND TRAVELING IN AN EAST-
 BOUND DIRECTION ON ROUTE 28 FOR APPROXIMATELY .8 MILES TO THE  NEW  YORK
 STATE  THRUWAY  INTERCHANGE  19 WHERE THE COMMISSIONER OF TRANSPORTATION
 DETERMINES THAT THE VEHICLE OR COMBINATION  OF  VEHICLES  COULD  OPERATE
 SAFELY  ALONG  THE  DESIGNATED ROUTE AND THAT NO APPLICABLE FEDERAL LAW,
 REGULATION OR OTHER REQUIREMENT PROHIBITS THE OPERATION OF SUCH  VEHICLE
 OR COMBINATION OF VEHICLES ON SUCH ROUTE.
   (FF)  WITHIN  A  DISTANCE  OF APPROXIMATELY .5 MILES FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 31, TRAVELING ONTO THE RAMP TO GENESEE  STREET
 SOUTH  FOR  APPROXIMATELY 2800 FEET TO GENESEE STREET NORTH FOR APPROXI-
 MATELY 275 FEET TO INTERCHANGE 31 OF THE NEW YORK  STATE  THRUWAY  WHERE
 THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR COMBI-
 NATION  OF  VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE AND
 THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT  PROHIB-
 ITS  THE  OPERATION  OF  SUCH VEHICLE OR COMBINATION OF VEHICLES ON SUCH
 ROUTE.
   (GG) WITHIN A DISTANCE OF APPROXIMATELY .2 MILES  FROM  THE  NEW  YORK
 STATE  THRUWAY INTERCHANGE 33 TRAVELING WESTBOUND ON STATE ROUTE 365 FOR
 APPROXIMATELY 900 FEET TO INTERCHANGE 33 OF THE NEW YORK  STATE  THRUWAY
 WHERE  THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR
 COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED  ROUTE
 AND  THAT  NO  APPLICABLE  FEDERAL  LAW, REGULATION OR OTHER REQUIREMENT
 PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION  OF  VEHICLES  ON
 SUCH ROUTE.

 S. 7508                            16                            A. 9508
 
   (HH)  WITHIN  A  DISTANCE OF APPROXIMATELY .15 MILES FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 42 TRAVELING ON STATE ROUTE  14  FOR  APPROXI-
 MATELY 750 FEET FOR TRAVEL TO AND FROM THE THRUWAY TANDEM LOT AND INTER-
 CHANGE  42  WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE
 VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIG-
 NATED  ROUTE  AND  THAT  NO  APPLICABLE FEDERAL LAW, REGULATION OR OTHER
 REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE  OR  COMBINATION  OF
 VEHICLES ON SUCH ROUTE .
   (II)  WITHIN  A  DISTANCE  OF APPROXIMATELY .1 MILES FROM THE NEW YORK
 STATE INTERCHANGE 43 TRAVELING ON STATE ROUTE 21 FOR  APPROXIMATELY  600
 FEET  FOR  TRAVEL  TO AND FROM THE THRUWAY TANDEM LOT AND INTERCHANGE 43
 WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE  OR
 COMBINATION  OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE
 AND THAT NO APPLICABLE FEDERAL  LAW,  REGULATION  OR  OTHER  REQUIREMENT
 PROHIBITS  THE  OPERATION  OF SUCH VEHICLE OR COMBINATION OF VEHICLES ON
 SUCH ROUTE.
   § 2. This act shall take effect immediately.
 
                                  PART F
 
   Section 1. Paragraph a of subdivision 6 of section 2897 of the  public
 authorities law, as added by chapter 766 of the laws of 2005, is amended
 and a new paragraph f is added to read as follows:
   a.  All  disposals  or  contracts for disposal of property of a public
 authority made or authorized by the contracting officer  shall  be  made
 after  publicly  advertising  for bids except as provided in [paragraph]
 PARAGRAPHS c AND F of this subdivision.
   F. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, DISPOSALS
 FOR USE OF THE THRUWAY AUTHORITY'S FIBER OPTIC SYSTEM, OR ANY PART THER-
 EOF, MAY BE MADE  THROUGH  AGREEMENTS  THAT  SHALL  NOT  REQUIRE  PUBLIC
 AUCTION, PROVIDED THAT THE THRUWAY AUTHORITY HAS DETERMINED THE DISPOSAL
 OF SUCH PROPERTY COMPLIES WITH ALL APPLICABLE PROVISIONS OF THIS CHAPTER
 AND  SUCH  SHALL NOT REQUIRE THE EXPLANATORY STATEMENTS REQUIRED BY THIS
 SECTION.
   § 2. This act shall take effect immediately.
 
                                  PART G
 
   Section 1. Section 351 of the public authorities  law  is  amended  by
 adding a new subdivision 11 to read as follows:
   11. THE TERM "CROSS-HUDSON BRIDGE SYSTEM" SHALL MEAN COLLECTIVELY: (A)
 THE FRANKLIN DELANO ROOSEVELT MID-HUDSON BRIDGE, CONSTRUCTED PURSUANT TO
 CHAPTER  NINE  HUNDRED  OF THE LAWS OF NINETEEN HUNDRED TWENTY-THREE, AS
 AMENDED; (B) THE RIP VAN WINKLE BRIDGE, CONSTRUCTED  ACROSS  THE  HUDSON
 RIVER  NORTH OF THE VILLAGE OF CATSKILL AND SOUTH OF THE CITY OF HUDSON;
 (C) THE BEAR MOUNTAIN BRIDGE, CONSTRUCTED BY THE  BEAR  MOUNTAIN  HUDSON
 RIVER  BRIDGE  COMPANY, PURSUANT TO CHAPTER THREE HUNDRED FIFTY-EIGHT OF
 THE  LAWS  OF  NINETEEN  HUNDRED  TWENTY-TWO;  (D)  THE  HAMILTON   FISH
 NEWBURGH-BEACON  BRIDGE,  INCLUDING BOTH SPANS OF THE BRIDGE CONSTRUCTED
 ACROSS THE HUDSON RIVER BETWEEN A LOCATION IN THE VICINITY OF  THE  CITY
 OF  NEWBURGH  AND  A LOCATION IN THE VICINITY OF THE CITY OF BEACON; (E)
 THE KINGSTON-RHINECLIFF BRIDGE,  CONSTRUCTED  ACROSS  THE  HUDSON  RIVER
 WITHIN  FIVE MILES OF THE CITY OF KINGSTON; AND (F) THE WALKWAY OVER THE
 HUDSON BRIDGE, THE  POUGHKEEPSIE-HIGHLAND  RAILROAD  BRIDGE,  WHICH  WAS
 CONSTRUCTED  ACROSS THE HUDSON RIVER NORTH OF THE FRANKLIN DELANO ROOSE-
 VELT MID-HUDSON BRIDGE.

 S. 7508                            17                            A. 9508
 
   § 2. Section 356 of the public authorities law is amended by adding  a
 new subdivision 10 to read as follows:
   10.  THE  CROSS-HUDSON BRIDGE SYSTEM. INCLUDING COLLECTIVELY:  (A) THE
 FRANKLIN DELANO ROOSEVELT MID-HUDSON  BRIDGE,  CONSTRUCTED  PURSUANT  TO
 CHAPTER  NINE  HUNDRED  OF THE LAWS OF NINETEEN HUNDRED TWENTY-THREE, AS
 AMENDED; (B) THE RIP VAN WINKLE BRIDGE, CONSTRUCTED  ACROSS  THE  HUDSON
 RIVER  NORTH OF THE VILLAGE OF CATSKILL AND SOUTH OF THE CITY OF HUDSON;
 (C) THE BEAR MOUNTAIN BRIDGE, CONSTRUCTED BY THE  BEAR  MOUNTAIN  HUDSON
 RIVER  BRIDGE  COMPANY, PURSUANT TO CHAPTER THREE HUNDRED FIFTY-EIGHT OF
 THE  LAWS  OF  NINETEEN  HUNDRED  TWENTY-TWO;  (D)  THE  HAMILTON   FISH
 NEWBURGH-BEACON  BRIDGE,  INCLUDING BOTH SPANS OF THE BRIDGE CONSTRUCTED
 ACROSS THE HUDSON RIVER BETWEEN A LOCATION IN THE VICINITY OF  THE  CITY
 OF  NEWBURGH  AND  A LOCATION IN THE VICINITY OF THE CITY OF BEACON; (E)
 THE KINGSTON-RHINECLIFF BRIDGE,  CONSTRUCTED  ACROSS  THE  HUDSON  RIVER
 WITHIN  FIVE MILES OF THE CITY OF KINGSTON; AND (F) THE WALKWAY OVER THE
 HUDSON BRIDGE, THE  POUGHKEEPSIE-HIGHLAND  RAILROAD  BRIDGE,  WHICH  WAS
 CONSTRUCTED  ACROSS THE HUDSON RIVER NORTH OF THE FRANKLIN DELANO ROOSE-
 VELT MID-HUDSON BRIDGE.
   § 3. Section 356-a of the public authorities law is amended by  adding
 a new subdivision 6 to read as follows:
   6.  ALL THAT PORTION OF TOURING ROUTE ONE HUNDRED NINETY-NINE CONNECT-
 ING ULSTER AND DUTCHESS COUNTIES WHICH IS IDENTIFIED AND  KNOWN  AS  THE
 KINGSTON-RHINECLIFF  BRIDGE SHALL BE DESIGNATED AND KNOWN AS THE "GEORGE
 CLINTON KINGSTON-RHINECLIFF BRIDGE".
   § 4. Section 349-a of the highway law  is  amended  by  adding  a  new
 subdivision 10 to read as follows:
   10.  THE  CROSS-HUDSON  BRIDGE SYSTEM. INCLUDING COLLECTIVELY: (A) THE
 FRANKLIN DELANO ROOSEVELT MID-HUDSON  BRIDGE,  CONSTRUCTED  PURSUANT  TO
 CHAPTER  NINE  HUNDRED  OF THE LAWS OF NINETEEN HUNDRED TWENTY-THREE, AS
 AMENDED; (B) THE RIP VAN WINKLE BRIDGE, CONSTRUCTED  ACROSS  THE  HUDSON
 RIVER  NORTH OF THE VILLAGE OF CATSKILL AND SOUTH OF THE CITY OF HUDSON;
 (C) THE BEAR MOUNTAIN BRIDGE, CONSTRUCTED BY THE  BEAR  MOUNTAIN  HUDSON
 RIVER  BRIDGE  COMPANY, PURSUANT TO CHAPTER THREE HUNDRED FIFTY-EIGHT OF
 THE  LAWS  OF  NINETEEN  HUNDRED  TWENTY-TWO;  (D)  THE  HAMILTON   FISH
 NEWBURGH-BEACON  BRIDGE,  INCLUDING BOTH SPANS OF THE BRIDGE CONSTRUCTED
 ACROSS THE HUDSON RIVER BETWEEN A LOCATION IN THE VICINITY OF  THE  CITY
 OF  NEWBURGH  AND  A LOCATION IN THE VICINITY OF THE CITY OF BEACON; (E)
 THE KINGSTON-RHINECLIFF BRIDGE;  CONSTRUCTED  ACROSS  THE  HUDSON  RIVER
 WITHIN  FIVE MILES OF THE CITY OF KINGSTON; AND (F) THE WALKWAY OVER THE
 HUDSON BRIDGE, THE  POUGHKEEPSIE-HIGHLAND  RAILROAD  BRIDGE,  WHICH  WAS
 CONSTRUCTED  ACROSS THE HUDSON RIVER NORTH OF THE FRANKLIN DELANO ROOSE-
 VELT MID-HUDSON BRIDGE.
   § 5. Section 373 of the public authorities law is amended by adding  a
 new subdivision 3 to read as follows:
   3.  UPON ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY, THE STATE
 OF NEW YORK DOES PLEDGE TO AND AGREE WITH THE HOLDERS OF  ANY  BONDS  OR
 NOTES   OF   THE  AUTHORITY  THAT  THE  STATE  WILL  NOT  AUTHORIZE  THE
 CONSTRUCTION OR MAINTENANCE OF  ANY  ADDITIONAL  HIGHWAY  CROSSINGS  FOR
 VEHICULAR  TRAFFIC  OVER, UNDER OR ACROSS THE WATERS OF THE HUDSON RIVER
 IN ADDITION TO THE BRIDGES AND CROSSINGS CONSTITUTING  THE  CROSS-HUDSON
 BRIDGE  SYSTEM  AUTHORIZED  BY THIS TITLE WHICH WILL BE COMPETITIVE WITH
 THE BRIDGES AND CROSSINGS CONSTITUTING THE CROSS-HUDSON  BRIDGE  SYSTEM,
 NOR  WILL IT LIMIT OR ALTER THE RIGHTS HEREBY VESTED IN THE AUTHORITY TO
 ESTABLISH AND COLLECT SUCH CHARGES AND TOLLS AS  MAY  BE  CONVENIENT  OR
 NECESSARY  TO  PRODUCE SUFFICIENT REVENUE TO MEET THE EXPENSE OF MAINTE-
 NANCE AND OPERATION AND TO FULFILL THE TERMS OF ANY AGREEMENT MADE  WITH

 S. 7508                            18                            A. 9508
 
 THE  HOLDERS  OF THE BONDS OR NOTES, OR IN ANY WAY IMPAIR THE RIGHTS AND
 REMEDIES OF BONDHOLDERS OR  NOTEHOLDERS,  UNTIL  THE  BONDS  AND  NOTES,
 TOGETHER  WITH  INTEREST,  AND ALL COSTS AND EXPENSES IN CONNECTION WITH
 ANY  ACTIONS  OR PROCEEDINGS BY OR ON BEHALF OF THE BONDHOLDERS OR NOTE-
 HOLDERS, ARE FULLY MET AND DISCHARGED. FOR THE PURPOSES OF THIS SUBDIVI-
 SION, ANY SUCH BRIDGE OR CROSSING SHALL  BE  CONSIDERED  AS  COMPETITIVE
 ONLY  IF IT SHALL FORM A CONNECTION FOR VEHICULAR TRAFFIC OVER, UNDER OR
 ACROSS THE HUDSON RIVER SOUTH OF A LINE DRAWN ACROSS  THE  HUDSON  RIVER
 FIFTEEN  MILES NORTH OF THE RIP VAN WINKLE BRIDGE, AND NORTH OF THE BEAR
 MOUNTAIN BRIDGE.
   § 6. The public authorities law is amended by adding a new section 389
 to read as follows:
   § 389. ADDITIONAL POWERS OF THE AUTHORITY  TO  UNDERTAKE  AND  FINANCE
 CERTAIN  PROJECTS  IN CONNECTION WITH THE CROSS-HUDSON BRIDGE SYSTEM AND
 THE NEW YORK STATE BRIDGE AUTHORITY. THE AUTHORITY IS HEREBY  AUTHORIZED
 AS  AN  ADDITIONAL CORPORATE PURPOSE THEREOF, TO ASSUME JURISDICTION FOR
 ITS CORPORATE PURPOSES OF  THE  CROSS-HUDSON  BRIDGE  SYSTEM,  WITH  ALL
 RIGHTS  AND  POWERS  WITH  RESPECT TO SUCH SYSTEM AS ESTABLISHED IN THIS
 TITLE WITH RESPECT TO ANY THRUWAY SECTION OR CONNECTION, INCLUDING,  BUT
 NOT  LIMITED  TO,  THE POWER TO OPERATE AND MAINTAIN SAID SYSTEM, TO FIX
 AND COLLECT SUCH FEES, RENTALS AND CHARGES FOR THE USE THEREOF, TO ISSUE
 ITS BONDS, NOTES AND OTHER OBLIGATIONS  IN  CONFORMITY  WITH  APPLICABLE
 PROVISIONS  OF  THE UNIFORM COMMERCIAL CODE FOR PURPOSES OF THE ACQUISI-
 TION, DESIGN, CONSTRUCTION, RECONSTRUCTION, REPAIR,  REHABILITATION  AND
 IMPROVEMENT  OF  THE  CROSS-HUDSON  BRIDGE  SYSTEM,  TO PROVIDE FUNDS ON
 BEHALF OF THE STATE WITHIN THE MEANING OF THE PROVISIONS OF  SUBDIVISION
 FOUR  OF  FORMER  SECTION  FIVE  HUNDRED  THIRTY-TWO  OF THIS CHAPTER TO
 DEFEASE, REDEEM OR REFUND THE BONDS, NOTES AND OTHER OBLIGATIONS OF  THE
 NEW YORK STATE BRIDGE AUTHORITY AND TO DISCHARGE AND PAY ANY OTHER OBLI-
 GATIONS WHATSOEVER OF THE NEW YORK STATE BRIDGE AUTHORITY.
   §  7.  The  public  authorities law is amended by adding a new section
 355-a to read as follows:
   § 355-A. NEW YORK STATE BRIDGE AUTHORITY. 1. THE NEW YORK STATE BRIDGE
 AUTHORITY CREATED BY FORMER SECTION FIVE HUNDRED  TWENTY-SEVEN  OF  THIS
 CHAPTER  SHALL  BE  ABOLISHED  UPON  THE  DATE UPON WHICH ALL COVENANTS,
 AGREEMENTS AND OBLIGATIONS TO THE HOLDERS OF BONDS, NOTES OR OTHER OBLI-
 GATIONS ISSUED OR INCURRED UNDER ANY BOND RESOLUTION  OF  THE  NEW  YORK
 STATE BRIDGE AUTHORITY HAVE BEEN PAID IN FULL OR OTHERWISE FULLY MET AND
 DISCHARGED.
   2.  UPON  ABOLISHMENT  OF  THE  NEW  YORK  STATE BRIDGE AUTHORITY, ALL
 RIGHTS, FUNCTIONS,  POWERS,  DUTIES,  OBLIGATIONS,  COVENANTS,  PLEDGES,
 UNDERTAKINGS,  PROPERTIES,  DEBTS, AGREEMENTS, ASSETS AND LIABILITIES OF
 THE NEW YORK STATE BRIDGE AUTHORITY SHALL BE  TRANSFERRED  AND  ASSIGNED
 TO, ASSUMED BY AND DEVOLVED UPON THE NEW YORK STATE THRUWAY AUTHORITY.
   3. UPON ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY, ALL RULES,
 REGULATIONS, ACTS, ORDERS, DETERMINATIONS, AND DECISIONS OF SUCH AUTHOR-
 ITY  IN  FORCE  AT  THE TIME OF SUCH TRANSFER, ASSIGNMENT, ASSUMPTION OR
 DEVOLUTION, SHALL CONTINUE IN FORCE AND EFFECT  AS  RULES,  REGULATIONS,
 ACTS, ORDERS, DETERMINATIONS AND DECISIONS OF THE NEW YORK STATE THRUWAY
 AUTHORITY UNTIL DULY MODIFIED OR ABROGATED BY THE NEW YORK STATE THRUWAY
 AUTHORITY.
   4. UPON ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY, THE CROSS-
 HUDSON  BRIDGE  SYSTEM, AS DEFINED IN SECTION THREE HUNDRED FIFTY-ONE OF
 THIS TITLE SHALL BE ADDED TO, AND INCLUDED IN,  THE  THRUWAY  SYSTEM  AS
 DEFINED IN SUCH SECTION THREE HUNDRED FIFTY-ONE.

 S. 7508                            19                            A. 9508
 
   5. UPON ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY, ALL BOOKS,
 PAPERS,  RECORDS  AND PROPERTY OF SUCH AUTHORITY SHALL BE TRANSFERRED AS
 ASSIGNED TO THE NEW YORK STATE THRUWAY AUTHORITY. ALL  EMPLOYEES  TRANS-
 FERRED  FROM  THE  NEW YORK STATE BRIDGE AUTHORITY TO THE NEW YORK STATE
 THRUWAY  AUTHORITY  SHALL  BE TRANSFERRED WITHOUT FURTHER EXAMINATION OR
 QUALIFICATION AND SUCH EMPLOYEES SHALL  RETAIN  THEIR  RESPECTIVE  CIVIL
 SERVICE  CLASSIFICATIONS,  STATUS  AND COLLECTIVE BARGAINING UNIT DESIG-
 NATIONS AND BE GOVERNED BY APPLICABLE COLLECTIVE BARGAINING AGREEMENTS.
   6. UPON ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY, ANY  BUSI-
 NESS  OR  OTHER  MATTERS  UNDERTAKEN  OR COMMENCED BY THE NEW YORK STATE
 BRIDGE AUTHORITY AND PENDING ON THE DATE OF ABOLISHMENT MAY BE CONDUCTED
 AND COMPLETED BY THE NEW YORK STATE THRUWAY AUTHORITY IN THE SAME MANNER
 AND UNDER THE SAME TERMS AND CONDITIONS AND WITH THE SAME EFFECT  AS  IF
 CONDUCTED BY THE NEW YORK STATE BRIDGE AUTHORITY.
   7.  UPON  ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY, WHENEVER
 THE NEW YORK STATE BRIDGE AUTHORITY, OR THE CHAIRMAN  OR  THE  EXECUTIVE
 DIRECTOR OR OTHER OFFICER, MEMBER OR EMPLOYEE THEREOF, IS REFERRED TO OR
 DESIGNATED  IN  ANY  LAW, CONTRACT OR DOCUMENT, SUCH REFERENCE OR DESIG-
 NATION SHALL BE DEEMED TO REFER TO THE NEW YORK STATE THRUWAY AUTHORITY.
   8. NO EXISTING RIGHT  OR  REMEDY  OF  ANY  CHARACTER  SHALL  BE  LOST,
 IMPAIRED OR AFFECTED BY REASON OF THIS SECTION.
   9.  NO  ACTION PENDING AT THE TIME THE NEW YORK STATE BRIDGE AUTHORITY
 IS ABOLISHED, BROUGHT BY OR AGAINST THE NEW YORK STATE BRIDGE AUTHORITY,
 OR THE CHAIRMAN OR EXECUTIVE DIRECTOR THEREOF, SHALL BE AFFECTED BY  ANY
 PROVISION OF THIS SECTION, BUT THE SAME MAY BE PROSECUTED OR DEFENDED IN
 THE NAME OF THE NEW YORK STATE THRUWAY AUTHORITY OR THE EXECUTIVE DIREC-
 TOR OR CHAIRMAN THEREOF, AND THE PROPER PARTY SHALL, UPON APPLICATION TO
 THE COURT, BE SUBSTITUTED AS A PARTY.
   10.  UPON  ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY ACT, THE
 RIGHTS AND REMEDIES OF BONDHOLDERS, OTHER CREDITORS  OR  PERSONS  HAVING
 CLAIMS  OR  CONTRACTS WITH THE NEW YORK STATE BRIDGE AUTHORITY SHALL NOT
 BE LIMITED, IMPAIRED OR OTHERWISE ALTERED BY THE MERGER OF THE NEW  YORK
 STATE BRIDGE AUTHORITY FACILITIES AND OPERATIONS INTO THE NEW YORK STATE
 THRUWAY AUTHORITY.
   § 8. Title 2 of article 3 of the public authorities law is REPEALED.
   § 9. Notwithstanding any provision of this act or any other provisions
 of  law,  general, special or local, the New York state bridge authority
 shall from time to time, after all contract provisions with  respect  to
 any  bonds, notes or other obligations issued or incurred under any bond
 resolution of the New York state bridge authority have been provided for
 and discharged, take any action necessary and proper to assist  the  New
 York state thruway authority in effecting such discharge, including, but
 not  limited  to directing the trustee under its agreement with New York
 state bridge authority bondholders  to  apply  available  and  necessary
 funds  to such discharge and otherwise take such actions consistent with
 such agreement to effectuate such discharge, and transfer and  pay  over
 to  the  New  York  state thruway authority all remaining funds; and may
 accept and use any moneys transferred and paid over to  it  by  the  New
 York state thruway authority to implement such discharge.
   §  10.  Subdivision 1 of section 352 of the public authorities law, as
 amended by chapter 766 of the laws 2005, is amended to read as follows:
   1. A board to be known as "New York state thruway authority" is hereby
 created. Such board shall be a body corporate and politic constituting a
 public corporation. It shall consist of [seven] EIGHT members  appointed
 by  the  governor  by and with the advice and consent of the senate. ONE
 MEMBER SHALL BE, AT THE TIME OF APPOINTMENT, A RESIDENT OF  ONE  OF  THE

 S. 7508                            20                            A. 9508
 
 FOLLOWING  COUNTIES:    ORANGE, ROCKLAND, WESTCHESTER, PUTNAM, DUTCHESS,
 ULSTER, GREENE OR COLUMBIA. The members first appointed shall serve  for
 terms  ending three, six and nine years, respectively from January first
 next  succeeding  their  appointment.  Provided, however, that two board
 members first appointed on or after the effective date of the chapter of
 the laws of two thousand five which amended this subdivision shall serve
 an initial term of two years; provided  further  that  two  other  board
 members first appointed on or after the effective date of the chapter of
 the laws of two thousand five which amended this subdivision shall serve
 an  initial term of three years. Their successors shall be appointed for
 terms of nine years each. A member to be designated as chairman  in  his
 or her appointment as a member shall be chairman of such board until his
 or  her term as member expires. The chairman and the other members shall
 serve without salary or other compensation, but  shall  be  entitled  to
 reimbursement  for  their  actual and necessary expenses incurred in the
 performance of their official duties.
   § 11. Nothing contained in this act shall be deemed to limit or  alter
 in  any  way  the  rights  and  obligations of the New York state bridge
 authority or after the abolishment of the New York state bridge authori-
 ty, the New York state thruway authority, to establish and collect  such
 fees,  rentals  and  other  charges  as  may be necessary or required to
 produce sufficient revenues  to  meet  and  to  fulfill  the  terms  and
 provisions  of the contracts made with the holders and registered owners
 of the bonds, notes or other  obligations  or  in  any  way  impair  the
 constitutional rights of the holders and registered owners of the bonds,
 notes or other obligations.
   §  12.  This  act, being necessary for the prosperity of the state and
 its inhabitants, shall be liberally construed to effect the purposes and
 secure the beneficial intents hereof.
   § 13. If any provision of any section of this act or  the  application
 thereof  to  any  person  or circumstance shall be adjudged invalid by a
 court of  competent  jurisdiction,  such  order  or  judgment  shall  be
 confined  in  its operation to the controversy in which it was rendered,
 and shall not affect or invalidate the remainder of any provision of any
 section of this act or the application thereof to any  other  person  or
 circumstance  and to this end the provisions of each section of this act
 are hereby declared to be severable.
   § 14. This act shall take effect immediately, provided, however,  that
 section  nine  of  this act shall take effect when all covenants, agree-
 ments and obligations to the holders of  bonds,  notes  or  other  obli-
 gations  issued  or  incurred  under any bond resolution of the New York
 state bridge authority are fully  discharged  and  satisfied;  provided,
 that  the  New York state thruway authority shall notify the legislative
 bill drafting commission when all covenants, agreements and  obligations
 to  the  holders  of  bonds,  notes or other obligations of the New York
 state bridge authority are fully discharged and satisfied 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 H
 
   Section 1. Section 1220-b of the vehicle and traffic law is amended by
 adding four new subdivisions 5, 6, 7 and 8 to read as follows:

 S. 7508                            21                            A. 9508
 
   5.  AS  AN  ALTERNATIVE TO THE PENALTIES PROVIDED FOR THE VIOLATION OF
 THE PROVISIONS OF THIS SECTION:
   (A)  ANY  PERSON WHO OPERATES, OR ATTEMPTS TO OPERATE, A MOTOR VEHICLE
 IN VIOLATION OF THE PROVISIONS OF THIS SECTION  SHALL  BE  GUILTY  OF  A
 TRAFFIC  INFRACTION  AND,  FOR THE FIRST VIOLATION, BE REQUIRED TO PAY A
 MANDATORY CIVIL PENALTY OF THREE THOUSAND DOLLARS AND, UPON NOTICE,  THE
 COMMISSIONER  SHALL  SUSPEND  FOR  A  PERIOD OF THIRTY DAYS THE DRIVER'S
 LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE OF ANY PERSON THAT OPER-
 ATED, OR ATTEMPTED TO OPERATE, A MOTOR  VEHICLE  IN  VIOLATION  OF  THIS
 SECTION;  AND  FOR  THE SECOND VIOLATION, BE REQUIRED TO PAY A MANDATORY
 CIVIL PENALTY OF FIVE THOUSAND DOLLARS AND, UPON NOTICE, THE COMMISSION-
 ER SHALL SUSPEND FOR A PERIOD OF NINETY DAYS SUCH  DRIVER'S  LICENSE  OR
 PRIVILEGE  TO  OPERATE;  AND  FOR  A  THIRD  OR SUBSEQUENT VIOLATION, BE
 REQUIRED TO PAY A MANDATORY CIVIL PENALTY OF TEN THOUSAND  DOLLARS  AND,
 UPON  NOTICE, THE COMMISSIONER SHALL SUSPEND FOR A PERIOD OF ONE HUNDRED
 EIGHTY DAYS SUCH DRIVER'S LICENSE OR PRIVILEGE TO OPERATE.  IN  ADDITION
 TO  THE  FOREGOING,  WHERE SUCH PERSON IS THE OWNER OF THE MOTOR VEHICLE
 OPERATED IN VIOLATION OF THE PROVISIONS OF THIS SECTION, FOR  THE  FIRST
 VIOLATION  THE  COMMISSIONER, UPON NOTICE, SHALL SUSPEND FOR A PERIOD OF
 THIRTY DAYS THE REGISTRATION OF ANY MOTOR VEHICLE SO OPERATED;  AND  FOR
 THE  SECOND  VIOLATION  THE COMMISSIONER, UPON NOTICE, SHALL SUSPEND THE
 REGISTRATION OF ANY MOTOR VEHICLE SO OPERATED FOR  A  PERIOD  OF  NINETY
 DAYS;  AND  FOR  A THIRD OR SUBSEQUENT VIOLATION, THE COMMISSIONER, UPON
 NOTICE, SHALL SUSPEND THE REGISTRATION OF ANY MOTOR VEHICLE SO  OPERATED
 FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS.
   (B)  ANY  PERSON WHO KNOWINGLY SOLICITS OR ATTEMPTS TO SOLICIT ANOTHER
 PERSON FOR THE UNLICENSED PROVISION OF ANY BUSINESS, TRADE OR COMMERCIAL
 TRANSACTION IN VIOLATION OF THIS  SECTION  INVOLVING  THE  RENDERING  TO
 ANOTHER  PERSON  OF GROUND TRANSPORTATION SERVICES FROM AN AIRPORT SHALL
 BE GUILTY OF A TRAFFIC INFRACTION  AND,  FOR  THE  FIRST  VIOLATION,  BE
 REQUIRED TO PAY A MANDATORY CIVIL PENALTY OF THREE THOUSAND DOLLARS; AND
 FOR  THE  SECOND VIOLATION, BE REQUIRED TO PAY A MANDATORY CIVIL PENALTY
 OF FIVE THOUSAND DOLLARS; AND FOR A THIRD OR  SUBSEQUENT  VIOLATION,  BE
 REQUIRED TO PAY A MANDATORY CIVIL PENALTY OF TEN THOUSAND DOLLARS.
   6. THE COMMISSIONER SHALL HAVE THE AUTHORITY TO DENY A REGISTRATION OR
 RENEWAL  APPLICATION  FOR  A MOTOR VEHICLE WHERE A CURRENT OR PREVIOUSLY
 REGISTERED OWNER OF SUCH MOTOR VEHICLE HAS BEEN FOUND  IN  VIOLATION  OF
 THIS  SECTION,  SECTION 19-506 OF THE ADMINISTRATIVE CODE OF THE CITY OF
 NEW YORK, OR OTHER PROVISION ESTABLISHING CIVIL  OR  CRIMINAL  LIABILITY
 FOR  UNLICENSED  GROUND TRANSPORTATION SERVICE, OR UNLICENSED OPERATION,
 AND MAY ALSO DENY A REGISTRATION OR RENEWAL APPLICATION  FOR  ANY  OTHER
 MOTOR  VEHICLE  REGISTERED  IN THE NAME OF SUCH OWNER, WHERE THE COMMIS-
 SIONER DETERMINES THAT THE APPLICANT'S INTENT IN APPLYING FOR  REGISTRA-
 TION  OR  RENEWAL  HAS LIKELY BEEN TO EVADE THE PURPOSES OF THIS SECTION
 AND WHERE THE COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE  THAT  SUCH
 REGISTRATION  OR  RENEWAL  WILL HAVE THE EFFECT OF TENDING TO DEFEAT THE
 PURPOSES OF THIS SECTION.
   7. (A) A SPECIAL PROCEEDING MAY BE COMMENCED IN SUPREME COURT OR COUN-
 TY COURT BY A PETITIONER, WHOM SHALL BE EITHER THE ATTORNEY GENERAL,  OR
 BY  THE  AGENCY,  AUTHORITY,  BI-STATE AUTHORITY, COUNTY, OR CITY HAVING
 JURISDICTION OVER THE AIRPORT  WHERE  THE  ALLEGED  VIOLATION  OCCURRED,
 ALLEGING THAT A MOTOR VEHICLE OWNER HAS COMMITTED A SECOND OR SUBSEQUENT
 TRAFFIC INFRACTION IN VIOLATION OF THIS SECTION. A PETITIONER ESTABLISH-
 ING  BY  CLEAR  AND  CONVINCING  EVIDENCE THAT A MOTOR VEHICLE OWNER HAS
 COMMITTED A SECOND OR SUBSEQUENT VIOLATION  OF  THIS  SECTION  SHALL  BE
 ENTITLED  TO JUDGMENT OF FORFEITURE OF ALL RIGHT, TITLE OR INTEREST HELD

 S. 7508                            22                            A. 9508
 
 BY THE OWNER IN ANY MOTOR VEHICLE USED IN THE COMMISSION OF  THE  SECOND
 OR SUBSEQUENT VIOLATION.
   (B)  ANY  JUDGMENT  OF  FORFEITURE ISSUED PURSUANT TO THIS SUBDIVISION
 SHALL INCLUDE PROVISIONS FOR THE DISPOSAL OF THE PROPERTY FOUND TO  HAVE
 BEEN  FORFEITED.  SUCH PROVISIONS SHALL INCLUDE, BUT ARE NOT LIMITED TO,
 AN ORDER DIRECTING THAT THE PROPERTY, RIGHT, TITLE, OR INTEREST SHALL BE
 SOLD IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE FIFTY-ONE OF THE CIVIL
 PRACTICE LAW AND RULES, UNLESS GOOD CAUSE IS SHOWN. NET PROCEEDS OF  THE
 SALE SHALL BE PAID TO THE PETITIONER.
   8.  (A)  A  POLICE OFFICER SHALL BE PERMITTED TO SEIZE A MOTOR VEHICLE
 THAT MAY BE SUBJECT TO LEGAL FORFEITURE PURSUANT TO SUBDIVISION SEVEN OF
 THIS SECTION IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THE  OWNER  OF
 THE  MOTOR  VEHICLE  IS  OPERATING,  OR ATTEMPTING TO OPERATE, THE MOTOR
 VEHICLE IN VIOLATION OF THIS SECTION AND THE OWNER HAS  PREVIOUSLY  BEEN
 CONVICTED IN ANY COURT OR ADMINISTRATIVE TRIBUNAL OF A VIOLATION OF THIS
 SECTION. A POLICE OFFICER EFFECTUATING A SEIZURE PURSUANT TO THIS SUBDI-
 VISION  MAY DO SO WITHIN TWENTY-FOUR HOURS OF PROVIDING THE OWNER OF THE
 MOTOR VEHICLE WITH A  TRAFFIC  SUMMONS  FOR  THE  SECOND  OR  SUBSEQUENT
 VIOLATION OF THIS SECTION AND A NOTICE OF MOTOR VEHICLE SEIZURE CONTAIN-
 ING  THE  DATE,  TIME,  AND  PLACE OF THE COURT HEARING PURSUANT TO THIS
 SUBDIVISION, AS WELL AS A CONCISE STATEMENT CONCERNING THE NATURE OF THE
 LEGAL FORFEITURE ACTION. WITHIN FIVE BUSINESS DAYS OF  SUCH  SEIZURE,  A
 SUPREME OR COUNTY COURT, UPON THE FILING OF A PETITION FOR LEGAL FORFEI-
 TURE,  SHALL  CONDUCT  A  HEARING  PURSUANT TO SUBDIVISION SEVEN OF THIS
 SECTION AND SHALL PROMPTLY DETERMINE  WHETHER  A  MOTOR  VEHICLE  SEIZED
 PURSUANT  TO THIS SUBDIVISION IS SUBJECT TO LEGAL FORFEITURE AND WHETHER
 IT IS NECESSARY THAT THE MOTOR VEHICLE  REMAIN  IMPOUNDED  IN  ORDER  TO
 ENSURE ITS AVAILABILITY TO EFFECTUATE LEGAL FORFEITURE.
   (B) UPON A DETERMINATION BY A COURT THAT A MOTOR VEHICLE IS SUBJECT TO
 LEGAL  FORFEITURE,  THE  COURT WILL ISSUE AN ORDER THAT PETITIONER SHALL
 RETAIN THE SEIZED MOTOR VEHICLE DURING THE PENDENCY OF THE LEGAL FORFEI-
 TURE ACTION AND PROCEED IN ACCORDANCE WITH ARTICLE  FOUR  OF  THE  CIVIL
 PRACTICE LAW AND RULES TO RESOLVE ANY REMAINING ISSUES PRIOR TO ENTERING
 JUDGMENT.    IF THE SEIZED MOTOR VEHICLE IS NOT SUBJECT TO LEGAL FORFEI-
 TURE, BUT A VIOLATION OF THIS SECTION IS FOUND, THEN THE  MOTOR  VEHICLE
 SHALL  BE  RELEASED  TO  THE OWNER UPON THE PAYMENT OF ALL PENALTIES AND
 SUSPENSION TERMINATION FEES ASSOCIATED WITH SUCH VIOLATION. IF A  CHARGE
 FOR  VIOLATING  THIS  SECTION  IS DISMISSED AND THE MOTOR VEHICLE IS NOT
 OTHERWISE SUBJECT TO  LEGAL  FORFEITURE,  THE  MOTOR  VEHICLE  SHALL  BE
 RELEASED TO THE OWNER WITHIN TWENTY-FOUR HOURS OF SUCH DISMISSAL.
   §  2.  Paragraph  b of subdivision 2 of section 510 of the vehicle and
 traffic law is amended by adding two new subparagraphs (xviii) and (xix)
 to read as follows:
   (XVIII) UNTIL SUCH TIME AS ALL PENALTIES  AND  ALL  SUSPENSION  TERMI-
 NATION  FEES  ARE  PAID, OR WHERE A DEFAULT JUDGMENT IS REOPENED AND ALL
 SUSPENSION FEES ARE PAID, WHERE THE HOLDER RECEIVES A  DEFAULT  JUDGMENT
 FOR  A VIOLATION OF SECTION TWELVE HUNDRED TWENTY-B OF THIS CHAPTER AS A
 RESULT OF A FAILURE TO APPEAR IN RESPONSE TO A  SUMMONS,  OR  APPEARANCE
 TICKET RECEIVED PURSUANT TO SUCH SECTION.
   (XIX)  UNTIL SUCH TIME AS ALL PENALTIES AND ALL SUSPENSION TERMINATION
 FEES ARE PAID WHERE THE HOLDER IS CONVICTED OF A  VIOLATION  OF  SECTION
 TWELVE  HUNDRED  TWENTY-B OF THIS CHAPTER AND TO PAY ANY PENALTY IMPOSED
 PURSUANT TO SUCH SECTION.
   § 3. Notwithstanding the provisions of any other law to the  contrary,
 the port authority of New York and New Jersey (the "port authority") and
 its  police  officers  may  enforce  any  local  law, rule or regulation

 S. 7508                            23                            A. 9508
 
 related to ground transportation service as defined  by  section  twelve
 hundred-twenty-b  of  the  vehicle and traffic law at airports leased by
 the port authority within the city of New  York  ("city")  to  the  same
 extent as the City or any of its subdivisions.
   §  4. The commissioner of motor vehicles shall be authorized to estab-
 lish rules or regulations and take all other actions  deemed  reasonably
 necessary to effectuate this act.
   § 5. This act shall take effect immediately.
 
                                  PART I
 
   Section  1.  Subdivision  12 of section 1269 of the public authorities
 law, as amended by section 4 of part NN of chapter 54  of  the  laws  of
 2016, 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 [nineteen] TWENTY-FOUR shall not exceed [fifty-five] NINETY
 billion  [four]  ONE hundred [ninety-seven] million dollars. Such aggre-
 gate principal 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  obligations or the expenditure thereof applicable to the authori-
 ty, the Triborough bridge and tunnel authority  or  the  New  York  city
 transit authority. The aggregate limitation established by this subdivi-
 sion  shall  not  include  (i)  obligations  issued to refund, redeem or
 otherwise repay, including by purchase or tender,  obligations  thereto-
 fore 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 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 transferring of equipment, and  (viii)  bond  anticipation  notes  or
 other obligations 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
 subsidiary corporations, New York city transit authority, or any of  its
 subsidiary corporations, or Triborough bridge and tunnel authority.
   § 2. This act shall take effect immediately.
 
                                  PART J

 S. 7508                            24                            A. 9508
 
   Section  1.  Subdivisions  1,  2, 3, 4, 5 and 6 of section 1209 of the
 public authorities law are REPEALED.
   §  2.  Paragraph  (a)  of  subdivision 7 of section 1209 of the public
 authorities law, as amended by section 3 of subpart C  of  part  ZZZ  of
 chapter  59  of  the laws of 2019, is amended and a new paragraph (c) is
 added 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 one  million  dollars  and  all  contracts  for
 public  work involving an estimated expenditure in excess of one million
 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,  NOR  TO  CONTRACTS  FOR
 PROJECTS USING THE DESIGN BUILD CONTRACTING  METHOD  WHICH  MAY  IN  THE
 AUTHORITY'S  DISCRETION  BE  SOLICITED AND AWARDED PURSUANT TO A PROCESS
 FOR COMPETITIVE REQUEST FOR PROPOSALS. 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.  IN THE EVENT THAT THE AUTHORITY RECEIVES NO RESPONSIVE BIDS OR
 ONLY A SINGLE BID IN RESPONSE TO AN INVITATION FOR BIDS, IT MAY  NEGOTI-
 ATE  WITH  ANY  FIRM CAPABLE OF PROVIDING THE GOODS OR WORK THAT WAS THE
 SUBJECT OF THE BID. IN THE EVENT THAT, AFTER OPENING BIDS, IT IS  DETER-
 MINED  TO  BE  IN THE BEST INTEREST OF THE AUTHORITY TO MAKE A CHANGE TO
 THE SPECIFICATIONS OR OTHER TERMS OR REQUIREMENTS OF THE BID,  NEW  BIDS
 MAY BE SOLICITED FROM THOSE FIRMS THAT SUBMITTED BIDS WITHOUT ADDITIONAL
 PUBLIC  ADVERTISEMENTS.  IN THE EVENT THAT A LOW BID CONTAINS A NON-CON-
 FORMITY OR IS OTHERWISE NON-COMPLIANT WITH THE SOLICITATION, THE AUTHOR-
 ITY MAY PERMIT SUCH BID TO BE CORRECTED WITHOUT INCREASE TO THE LOW  BID
 PRICE  OR  MAY REJECT SUCH BID. Nothing in this paragraph 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 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.
   (C)  TO  ASSIST THE AUTHORITY IN THE DEVELOPMENT, TESTING AND ADOPTION
 OF NEW AND INNOVATIVE TECHNOLOGY, THE AUTHORITY MAY AWARD CONTRACTS  FOR
 GOODS OR SERVICES NOT TO EXCEED FIVE MILLION DOLLARS TO QUALIFIED EMERG-
 ING  TECHNOLOGY COMPANIES AS DEFINED IN SECTION THIRTY-ONE HUNDRED TWO-E
 OF THIS CHAPTER PURSUANT TO A  PROCESS  ESTABLISHED  BY  THE  BOARD.  IN
 SCREENING  AND  SELECTING EMERGING TECHNOLOGY FIRMS FOR SUCH AWARDS, THE
 AUTHORITY MAY COOPERATE WITH THE NEW YORK CITY PARTNERSHIP FOUNDATION OR
 OTHER SUCH NONPROFIT ORGANIZATIONS.
   § 3. 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

 S. 7508                            25                            A. 9508

 law provided that,] ON  THE  AUTHORITY'S  WEBSITE,  notwithstanding  the
 provisions of article four-C of the economic development law[, an adver-
 tisement  shall only be required when required by this section. Publica-
 tion  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 authority and are to be solicited from a list of poten-
 tial suppliers, if such list is or has been  developed  consistent  with
 the  provisions  of subdivision eleven of this section]. Any such adver-
 tisement 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 qualification requirement or prefer-
 ence; (viii) a statement as to whether the contract requirements may  be
 fulfilled  by a subcontracting, joint venture, or co-production arrange-
 ment; (ix) any other information deemed useful to potential contractors;
 and (x) the name, address, and telephone number  of  the  person  to  be
 contacted  for  additional information. At least [fifteen business] FIVE
 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.
   §  4.  Paragraphs  (f) and (g) of subdivision 9 of section 1209 of the
 public authorities law are relettered paragraphs (e) and (f)  and  para-
 graphs  (c),  (d)  and (e), as added by chapter 929 of the laws of 1986,
 are amended to read as follows:
   (c) [the authority receives  no  responsive  bids  or  only  a  single
 responsive bid in response to an invitation for competitive bids;
   (d)]  the  authority  wishes  to  experiment with or test a product or
 technology or new source for such product or technology or evaluate  the
 service or reliability of such product or technology;
   [(e)] (D) the item is available through an existing contract between a
 vendor and (i) ANY DEPARTMENT, OFFICE, AGENCY, OR INSTRUMENTALITY OF THE
 UNITED STATES GOVERNMENT OR DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDI-
 VISION, OR INSTRUMENTALITY OF ANY STATE WITHIN THE UNITED STATES OR (II)
 another  public  authority provided that such other authority utilized a
 process of competitive bidding or a process of competitive requests  for
 proposals  to  award such contract or [(ii)] (III) the state of New York
 or the city of New York, provided that in any case  when  the  authority
 under  this  paragraph determines that obtaining such item thereby would
 be in the public interest and sets forth the reasons for  such  determi-
 nation.  The  authority shall accept sole responsibility for any payment
 due the vendor as a result of the authority's order; or
   § 5. Subdivision 10 of section 1209 of the public authorities law,  as
 added by chapter 929 of the laws of 1986, is amended to read as follows:
   10.  Upon  the  adoption of a resolution by the authority stating, for
 reasons of efficiency, economy, compatibility or  maintenance  reliabil-
 ity,  that there is a need for standardization, the authority may estab-
 lish procedures whereby particular supplies, materials or equipment  are
 identified  on  a qualified products list. Such procedures shall provide
 for products or vendors to be added to or deleted  from  such  list  and
 shall include provisions for public advertisement of the manner in which

 S. 7508                            26                            A. 9508
 
 such  lists  are  compiled. The authority shall review such list no less
 than [twice] ONCE a year for the purpose of making modifications  there-
 to.    Contracts for particular supplies, materials or equipment identi-
 fied on a qualified products list may be awarded by the authority to the
 lowest responsible bidder after obtaining sealed bids in accordance with
 this  section  or  without competitive sealed bids in instances when the
 item is available from only a single source, except that  the  authority
 may dispense with advertising provided that it mails copies of the invi-
 tation  to  bid  to  all vendors of the particular item on the qualified
 products list.
   § 6. Subdivision 1 of section 1265-a of the public authorities law  is
 REPEALED.
   §  7.  Paragraph  (a) of subdivision 2 of section 1265-a of the public
 authorities law, as amended by section 3-a of subpart C of part  ZZZ  of
 chapter 59 of the laws of 2019, is 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  one  million  dollars and all contracts for
 public work involving an estimated expenditure in excess of one  million
 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 architectural, or  professional  services,
 AND  CONTRACTS  FOR  PROJECTS  USING THE DESIGN BUILD CONTRACTING METHOD
 WHICH MAY, IN THE  AUTHORITY'S  DISCRETION,  BE  SOLICITED  AND  AWARDED
 PURSUANT  TO  A  PROCESS  FOR  COMPETITIVE  REQUEST FOR PROPOSALS.   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.  IN THE EVENT THAT THE AUTHORITY RECEIVES NO
 RESPONSIVE  BIDS  OR  ONLY A SINGLE BID IN RESPONSE TO AN INVITATION FOR
 BIDS, IT MAY NEGOTIATE WITH ANY FIRM CAPABLE OF PROVIDING THE  GOODS  OR
 WORK  THAT  WAS THE SUBJECT OF THE BID. IN THE EVENT THAT, AFTER OPENING
 BIDS, IT IS DETERMINED TO BE IN THE BEST INTEREST OF  THE  AUTHORITY  TO
 MAKE  A  CHANGE  TO THE SPECIFICATIONS OR OTHER TERMS OR REQUIREMENTS OF
 THE BID, NEW BIDS MAY BE SOLICITED FROM THOSE FIRMS THAT SUBMITTED  BIDS
 WITHOUT  ADDITIONAL  PUBLIC  ADVERTISEMENTS. IN THE EVENT THAT A LOW BID
 CONTAINS A NON-CONFORMITY OR IS OTHERWISE NON-COMPLIANT WITH THE  SOLIC-
 ITATION,  THE  AUTHORITY  MAY  PERMIT  SUCH  BID TO BE CORRECTED WITHOUT
 INCREASE TO THE LOW BID PRICE OR MAY REJECT SUCH BID.  Nothing  in  this
 paragraph  shall  obligate  the  authority  to  seek  new bids after the
 rejection of bids or after cancellation of an invitation to bid.   Noth-
 ing  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 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,  mainte-
 nance, operation and salvage or disposal.
   §  8. Subdivision 2 of section 1265-a of the public authorities law is
 amended by adding a new paragraph (d) to read as follows:
   (D) TO ASSIST THE AUTHORITY IN THE DEVELOPMENT, TESTING  AND  ADOPTION
 OF  NEW AND INNOVATIVE TECHNOLOGY, THE AUTHORITY MAY AWARD CONTRACTS FOR
 GOODS OR SERVICES NOT TO EXCEED FIVE MILLION DOLLARS TO QUALIFIED EMERG-
 ING TECHNOLOGY COMPANIES AS DEFINED IN SECTION THIRTY-ONE HUNDRED  TWO-E

 S. 7508                            27                            A. 9508
 
 OF  THIS  CHAPTER  PURSUANT  TO  A  PROCESS ESTABLISHED BY THE BOARD. IN
 SCREENING AND SELECTING EMERGING TECHNOLOGY FIRMS FOR SUCH  AWARDS,  THE
 AUTHORITY MAY COOPERATE WITH THE NEW YORK CITY PARTNERSHIP FOUNDATION OR
 OTHER SUCH NONPROFIT ORGANIZATIONS.
   §  9.  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,]  ON  THE  AUTHORITY'S  WEBSITE notwithstanding the
 provisions of article four-C of the economic development law[, an adver-
 tisement shall only be required for a purchase  contract  for  supplies,
 materials  or  equipment when required by this section. Publication in a
 newspaper of general circulation in the area served or in  the  procure-
 ment  opportunities  newsletter  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 poten-
 tial  suppliers,  if  such list is or has been developed consistent with
 the provisions of subdivision six of this section]. Any such  advertise-
 ment  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 qualification requirement or prefer-
 ence; (viii) a statement as to whether the contract requirements may  be
 fulfilled  by a subcontracting, joint venture, or co-production arrange-
 ment; (ix) any other information deemed useful to potential contractors;
 and (x) the name, address, and telephone number  of  the  person  to  be
 contacted  for  additional information. At least [fifteen business] FIVE
 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.
   § 10. Paragraphs (f) and (g) of subdivision 4 of section 1265-a of the
 public  authorities  law are relettered paragraphs (e) and (f) and para-
 graphs (c), (d) and (e), as added by chapter 929 of the  laws  of  1986,
 are amended to read as follows:
   (c)  [the  authority  receives  no  responsive  bids  or only a single
 responsive bid in response to an invitation for competitive bids;
   (d)] the authority wishes to experiment with  or  test  a  product  or
 technology  or new source for such product or technology or evaluate the
 service or reliability of such product or technology;
   [(e)] (D) the item is available through an existing contract between a
 vendor and (i) ANY DEPARTMENT, OFFICE, AGENCY, OR INSTRUMENTALITY OF THE
 UNITED STATES GOVERNMENT OR DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDI-
 VISION, OR INSTRUMENTALITY OF ANY STATE WITHIN THE UNITED STATES OR (II)
 another public authority provided that such other authority  utilized  a
 process  of competitive bidding or a process of competitive requests for
 proposals to award such contracts or  [(ii)]  (III)  Nassau  county,  or
 [(iii)]  (IV)  the state of New York or [(iv)] (V) the city of New York,
 provided that in any case when under this paragraph the authority deter-

 S. 7508                            28                            A. 9508
 
 mines that obtaining such item thereby would be in the  public  interest
 and  sets  forth the reasons for such determination. The authority shall
 accept sole responsibility for any payment due the vendor as a result of
 the authority's order; or
   §  11.  Subdivision 5 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:
   5.  Upon  the  adoption  of a resolution by the authority stating, for
 reasons of efficiency, economy, compatibility or  maintenance  reliabil-
 ity,  that there is a need for standardization, the authority may estab-
 lish procedures whereby particular supplies, materials or equipment  are
 identified  on  a qualified products list. Such procedures shall provide
 for products or vendors to be added to or deleted  from  such  list  and
 shall include provisions for public advertisement of the manner in which
 such  lists  are  compiled. The authority shall review such list no less
 than [twice] ONCE a year for the purpose of making  such  modifications.
 Contracts  for particular supplies, materials or equipment identified on
 a qualified products list may be awarded by the authority to the  lowest
 responsible  bidder  after obtaining sealed bids in accordance with this
 section or without competitive sealed bids in instances when the item is
 available from only a single  source,  except  that  the  authority  may
 dispense  with  advertising provided that it mails copies of the invita-
 tion to bid to all vendors of  the  particular  item  on  the  qualified
 products list.
   §  12. Section 15 of part OO of chapter 54 of the laws of 2016, amend-
 ing the public authorities law relating to procurements by the New  York
 City transit authority and the metropolitan transportation authority, is
 amended to read as follows:
   § 15. This act shall take effect immediately[, and shall expire and be
 deemed repealed April 1, 2021].
   §  13. This act shall take effect immediately, provided, however, that
 the amendments to paragraph (a) of subdivision 2 of  section  1265-a  of
 the  public  authorities law made by section seven of this act shall not
 affect the expiration of such paragraph and shall be  deemed  to  expire
 therewith.
 
                                  PART K
 
   Section  1.  Section  3  of part PP of chapter 54 of the laws of 2016,
 amending the general municipal law relating  to  the  New  York  transit
 authority  and  the metropolitan transportation authority, is amended to
 read as follows:
   § 3. This act shall take effect immediately; provided that the  amend-
 ments  to  subdivision  1  of section 119-r of the general municipal law
 made by section two of this act shall  expire  and  be  deemed  repealed
 [April 1, 2021] DECEMBER 31, 2024, and provided further that such repeal
 shall  not  affect the validity or duration of any contract entered into
 before that date pursuant to paragraph f of such subdivision.
   § 2. This act shall take effect immediately.
 
                                  PART L
 
   Section 1. Section 1266 of the public authorities law  is  amended  by
 adding a new subdivision 19 to read as follows:
   19. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE LONG ISLAND RAIL ROAD
 COMPANY  AND THE METRO-NORTH COMMUTER RAILROAD COMPANY OR THEIR CONTRAC-

 S. 7508                            29                            A. 9508
 
 TORS MAY WITHOUT THE NEED FOR ANY LICENSE, PERMIT, PERMISSION,  APPROVAL
 OR  ORDER  FROM ANY COURT, ADMINISTRATIVE TRIBUNAL OR OTHER GOVERNMENTAL
 AGENCY, BUREAU OR DEPARTMENT ENTER UPON ANY  PRIVATE  PROPERTY  ABUTTING
 THEIR RESPECTIVE RIGHTS OF WAY, FOR THE PURPOSE OF REMOVING, TRIMMING OR
 CUTTING  BACK ANY TREE, SHRUB OR OTHER VEGETATION TO PRESERVE THE SAFETY
 AND EFFICIENCY OF COMMUTER RAIL OPERATIONS, SUBJECT TO THE FOLLOWING:
   (A) EXCEPT IN CASES OF IMMINENT THREAT OF HARM TO PERSONS OR PROPERTY,
 A REQUEST HAS BEEN MADE TO  THE  OWNER  OF  SUCH  PRIVATE  PROPERTY  FOR
 PERMISSION  TO  ENTER UPON SUCH PROPERTY FOR SUCH PURPOSE, WHICH REQUEST
 HAS BEEN DENIED OR HAS BEEN GRANTED SUBJECT TO  UNREASONABLE  TERMS  AND
 CONDITIONS;
   (B)  THE  REMOVAL,  TRIMMING OR CUTTING BACK OF TREES, SHRUBS OR OTHER
 VEGETATION IS LIMITED TO THAT NEEDED TO PRESERVE THE  SAFETY  AND  EFFI-
 CIENCY OF COMMUTER RAIL OPERATIONS BY (I) PREVENTING THE DEPOSIT OF LEAF
 DEBRIS  FROM SUCH TREES, SHRUBS OR OTHER VEGETATION ON RAIL TRACKS SO AS
 TO AVOID SLIP-SLIDE CONDITIONS DURING THE  ANNUAL  LEAF-OFF  SEASON,  OR
 (II)  REMOVING  TREES, SHRUBS OR OTHER VEGETATION, OR BRANCHES, LIMBS OR
 OTHER PARTS OF  SUCH  TREES,  SHRUBS  OR  OTHER  VEGETATION,  WHICH  ARE
 DAMAGED,  DISEASED  OR SITUATED IN SUCH A MANNER SO THAT THEY ARE LIKELY
 TO BREAK OR FALL OFF DURING HIGH WINDS OR  EXTREME  WEATHER  CONDITIONS,
 POSING  A RISK TO COMMUTER RAILROAD FACILITIES, EMPLOYEES OR THE GENERAL
 PUBLIC; AND
   (C) EXCEPT IN THE CASE OF  INVASIVE  SPECIES,  OR  SPECIES  WHICH  ARE
 POISONOUS  OR  NOXIOUS,  OR WHERE AN ENTIRE TREE IS REMOVED, DUE CARE IS
 TAKEN TO AVOID ANY TRIMMING OR CUTTING BACK WHICH WOULD DAMAGE THE  MAIN
 SUPPORT  SYSTEMS  OF  SUCH  TREES,  SHRUBS OR OTHER VEGETATION, WITH THE
 SUBJECT RAILROAD BEING LIABLE TO  THE  PROPERTY  OWNER  FOR  THE  ACTUAL
 DAMAGE  DONE  IF  SUCH TRIMMING OR CUTTING BACK DOES IN FACT DAMAGE SUCH
 MAIN SUPPORT SYSTEMS.
   NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE CONSTRUED TO  ELIMINATE
 OR LIMIT ANY RIGHTS THE LONG ISLAND RAIL ROAD COMPANY OR THE METRO-NORTH
 COMMUTER  RAILROAD  COMPANY MAY OTHERWISE HAVE UNDER LAW WITH RESPECT TO
 THE REMOVAL, TRIMMING OR CUTTING BACK OF TREES, SHRUBS  OR  OTHER  VEGE-
 TATION ON PRIVATE PROPERTY ABUTTING THEIR RIGHTS OF WAY.
   § 2. This act shall take effect immediately.
 
                                  PART M
 
   Section 1. Subdivision 3 of section 165.15 of the penal law is amended
 to read as follows:
   3. With intent to obtain railroad, subway, bus, air, taxi or any other
 public transportation service OR TO USE ANY TOLL HIGHWAY, PARKWAY, ROAD,
 BRIDGE  OR  TUNNEL  OR TO ENTER OR REMAIN IN THE TOLLED CENTRAL BUSINESS
 DISTRICT DESCRIBED IN SECTION SEVENTEEN HUNDRED FOUR OF THE VEHICLE  AND
 TRAFFIC LAW without payment of the lawful charge OR TOLL therefor, or to
 avoid  payment  of  the  lawful  charge  OR TOLL for such transportation
 service which has been rendered to him OR HER OR FOR  SUCH  USE  OF  ANY
 TOLL  HIGHWAY,  PARKWAY,  ROAD, BRIDGE OR TUNNEL OR FOR SUCH ENTERING OR
 REMAINING IN SUCH TOLLED CENTRAL BUSINESS DISTRICT, he OR SHE obtains or
 attempts to obtain such service or TO USE  ANY  TOLL  HIGHWAY,  PARKWAY,
 ROAD,  BRIDGE  OR TUNNEL OR TO ENTER OR REMAIN IN A TOLLED CENTRAL BUSI-
 NESS DISTRICT OR avoids or attempts to avoid payment therefor by  force,
 intimidation, stealth, deception or mechanical tampering, or by unjusti-
 fiable failure or refusal to pay; or

 S. 7508                            30                            A. 9508
 
   §  2. Paragraph (b) of subdivision 1 of section 402 of the vehicle and
 traffic law, as amended by chapter 109 of the laws of 2005,  is  amended
 and a new paragraph (c) is added to read as follows:
   (b)  Number  plates shall be kept clean and in a condition so as to be
 easily readable and shall not be covered by glass or any plastic materi-
 al, and shall not be knowingly covered or coated with any artificial  or
 synthetic  material  or  substance that conceals or obscures such number
 plates or that distorts a recorded or photographic image of such  number
 plates,  and  the  view of such number plates shall not be obstructed by
 any part of the vehicle or by anything carried thereon[,  except  for  a
 receiver-transmitter  issued  by  a  publicly  owned tolling facility in
 connection with electronic toll collection when such  receiver-transmit-
 ter  is affixed to the exterior of a vehicle in accordance with mounting
 instructions provided by the tolling facility].
   (C) IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE, DRIVE  OR  PARK  A
 MOTOR  VEHICLE ON A TOLL HIGHWAY, BRIDGE AND/OR TUNNEL FACILITY OR ENTER
 OR REMAIN IN THE TOLLED CENTRAL BUSINESS DISTRICT DESCRIBED  IN  SECTION
 SEVENTEEN  HUNDRED  FOUR  OF THIS CHAPTER, UNDER THE JURISDICTION OF THE
 TOLLING AUTHORITY, IF SUCH NUMBER PLATE  IS  NOT  EASILY  READABLE,  NOR
 SHALL  ANY NUMBER PLATE BE COVERED BY GLASS OR ANY PLASTIC MATERIAL, AND
 SHALL NOT BE KNOWINGLY COVERED OR COATED WITH ANY ARTIFICIAL OR SYNTHET-
 IC MATERIAL OR SUBSTANCE THAT CONCEALS OR OBSCURES SUCH  NUMBER  PLATES,
 OR THAT DISTORTS A RECORDED OR PHOTOGRAPHIC IMAGE OF SUCH NUMBER PLATES,
 AND  THE  VIEW OF SUCH NUMBER PLATES SHALL NOT BE OBSTRUCTED BY ANY PART
 OF THE VEHICLE OR BY ANYTHING CARRIED THEREON, EXCEPT  FOR  A  RECEIVER-
 TRANSMITTER  ISSUED  BY A PUBLICLY OWNED TOLLING AUTHORITY IN CONNECTION
 WITH  ELECTRONIC  TOLL  COLLECTION  WHEN  SUCH  RECEIVER-TRANSMITTER  IS
 AFFIXED  TO  THE  EXTERIOR  OF  A  VEHICLE  IN  ACCORDANCE WITH MOUNTING
 INSTRUCTIONS PROVIDED BY THE TOLLING AUTHORITY.   FOR PURPOSES  OF  THIS
 PARAGRAPH,  "TOLLING  AUTHORITY" SHALL MEAN EVERY PUBLIC AUTHORITY WHICH
 OPERATES A TOLL HIGHWAY, BRIDGE AND/OR  TUNNEL  OR  A  CENTRAL  BUSINESS
 DISTRICT  TOLLING  PROGRAM AS WELL AS THE PORT AUTHORITY OF NEW YORK AND
 NEW JERSEY, A BI-STATE AGENCY CREATED BY COMPACT SET  FORTH  IN  CHAPTER
 ONE  HUNDRED  FIFTY-FOUR  OF THE LAWS OF NINETEEN HUNDRED TWENTY-ONE, AS
 AMENDED.
   § 3. Subdivision 8 of section 402 of the vehicle and traffic  law,  as
 amended  by  chapter 61 of the laws of 1989 and as renumbered by chapter
 648 of the laws of 2006, is amended to read as follows:
   8. The violation of this section shall be punishable by a fine of  not
 less  than  twenty-five  nor  more  than  two hundred dollars EXCEPT FOR
 VIOLATIONS OF PARAGRAPH (C) OF SUBDIVISION ONE  OF  THIS  SECTION  WHICH
 SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED NOR MORE THAN
 FIVE HUNDRED DOLLARS.
   §  4.   This act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART N
 
   Section 1. Subdivision 11 of section 120.05 of the penal law, as sepa-
 rately amended by chapters 268 and 281 of the laws of 2016,  is  amended
 to read as follows:
   11.  With  intent to cause physical injury to a train operator, ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner [or], terminal cleaner, STATION CUSTOMER ASSISTANT; PERSON WHOSE
 OFFICIAL DUTIES INCLUDE THE  SALE  OR  COLLECTION  OF  TICKETS,  PASSES,
 VOUCHERS,  OR  OTHER  FARE  PAYMENT  MEDIA FOR USE ON A  TRAIN OR BUS; A

 S. 7508                            31                            A. 9508

 PERSON  WHOSE  OFFICIAL  DUTIES   INCLUDE   THE   MAINTENANCE,   REPAIR,
 INSPECTION,  TROUBLESHOOTING,  TESTING  OR  CLEANING OF A TRANSIT SIGNAL
 SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS,  TRANSIT  STATION  STRUC-
 TURE,  TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, OR A TRAIN OR BUS
 STATION OR TERMINAL; OR A SUPERVISOR OF SUCH PERSONNEL, employed by  any
 transit agency, authority or company, public or private, whose operation
 is  authorized by New York state or any of its political subdivisions, a
 city marshal, a school crossing guard appointed pursuant to section  two
 hundred  eight-a  of  the  general  municipal law, a traffic enforcement
 officer, traffic enforcement agent, prosecutor as defined in subdivision
 thirty-one of section 1.20 of the  criminal  procedure  law,  sanitation
 enforcement  agent, New York city sanitation worker, public health sani-
 tarian, New  York  city  public  health  sanitarian,  registered  nurse,
 licensed  practical nurse, emergency medical service paramedic, or emer-
 gency medical service technician, he or she causes  physical  injury  to
 such  train  operator,  ticket  inspector,  conductor, signalperson, bus
 operator, station agent, station cleaner [or], terminal cleaner, STATION
 CUSTOMER ASSISTANT; PERSON WHOSE OFFICIAL DUTIES  INCLUDE  THE  SALE  OR
 COLLECTION  OF TICKETS, PASSES, VOUCHERS OR OTHER FARE PAYMENT MEDIA FOR
 USE ON A  TRAIN OR BUS; A PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAIN-
 TENANCE, REPAIR, INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING  OF  A
 TRANSIT  SIGNAL  SYSTEM,  ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT
 STATION STRUCTURE, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, OR  A
 TRAIN  OR  BUS  STATION  OR TERMINAL; OR A SUPERVISOR OF SUCH PERSONNEL,
 city marshal, school crossing guard appointed pursuant  to  section  two
 hundred  eight-a of the general municipal law, traffic enforcement offi-
 cer, traffic enforcement agent, prosecutor  as  defined  in  subdivision
 thirty-one  of  section  1.20  of the criminal procedure law, registered
 nurse, licensed practical nurse, public health sanitarian, New York city
 public health sanitarian, sanitation enforcement agent,  New  York  city
 sanitation  worker,  emergency  medical  service paramedic, or emergency
 medical  service  technician,  while  such  employee  is  performing  an
 assigned  duty  on,  or directly related to, the operation of a train or
 bus, [including the] cleaning of a train or bus station or  terminal  OR
 MAINTENANCE  OF  A  TRAIN  OR  BUS  STATION  OR TERMINAL, SIGNAL SYSTEM,
 ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUCTURE,  TRAIN
 YARD OR REVENUE TRAIN IN PASSENGER SERVICE, or such city marshal, school
 crossing  guard, traffic enforcement officer, traffic enforcement agent,
 prosecutor as defined in subdivision thirty-one of section 1.20  of  the
 criminal  procedure  law,  registered  nurse,  licensed practical nurse,
 public health sanitarian, New York city public health sanitarian,  sani-
 tation  enforcement  agent,  New  York city sanitation worker, emergency
 medical service paramedic, or emergency medical  service  technician  is
 performing an assigned duty; or
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART O
 
   Section 1. Section 240.30 of the penal law is amended by adding a  new
 subdivision 3-a to read as follows:
   3-A.  HE  OR SHE STRIKES, SHOVES, KICKS, OR OTHERWISE SUBJECTS ANOTHER
 PERSON TO PHYSICAL  CONTACT,  WHICH  INCLUDES  SPITTING  ON  SUCH  OTHER
 PERSON,  AND  SUCH  OTHER  PERSON  IS  AN ON-DUTY TRAIN OPERATOR; TICKET
 INSPECTOR; CONDUCTOR; SIGNALPERSON; BUS OPERATOR; STATION AGENT; STATION
 CLEANER; TERMINAL CLEANER;  STATION  CUSTOMER  ASSISTANT;  PERSON  WHOSE

 S. 7508                            32                            A. 9508
 
 OFFICIAL  DUTIES  INCLUDE  THE  SALE  OR  COLLECTION OF TICKETS, PASSES,
 VOUCHERS OR OTHER FARE PAYMENT MEDIA FOR USE ON A TRAIN OR  BUS;  PERSON
 WHOSE OFFICIAL DUTIES INCLUDE THE MAINTENANCE, REPAIR, INSPECTION, TROU-
 BLESHOOTING, TESTING OR CLEANING OF A TRANSIT SIGNAL SYSTEM, ELEVATED OR
 UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUCTURE, TRAIN YARD, REVEN-
 UE TRAIN IN PASSENGER SERVICE, OR TRAIN OR BUS STATION OR TERMINAL; OR A
 SUPERVISOR  OF SUCH PERSONNEL, EMPLOYED BY ANY TRANSIT AGENCY, AUTHORITY
 OR COMPANY, PUBLIC OR PRIVATE, WHOSE OPERATION IS AUTHORIZED BY NEW YORK
 STATE OR ANY OF ITS POLITICAL SUBDIVISIONS.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
                                  PART P
 
   Section  1. The penal law is amended by adding a new title Y-3 to read
 as follows:
                                 TITLE Y-3
                              TRANSIT CRIMES
 
                                ARTICLE 498
                              TRANSIT CRIMES
 SECTION 498.05 ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS.
         498.10 TRANSIT TRESPASS.
 § 498.05 ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS.
   1. WHEN ANY CRIMINAL ACTION IS PENDING  AGAINST  A  DEFENDANT  CHARGED
 WITH  A  CRIME  INVOLVING  UNLAWFUL SEXUAL CONDUCT COMMITTED AGAINST ANY
 METROPOLITAN TRANSPORTATION AUTHORITY PASSENGER, CUSTOMER,  OR  EMPLOYEE
 OR  AN ASSAULT-RELATED CRIME OR OFFENSE AGAINST A METROPOLITAN TRANSPOR-
 TATION AUTHORITY EMPLOYEE COMMITTED IN OR ON ANY OF THE SUBWAYS, TRAINS,
 BUSES, OR OTHER CONVEYANCES OR FACILITIES OF THE METROPOLITAN  TRANSPOR-
 TATION  AUTHORITY  OR  ITS  SUBSIDIARIES OR OF THE NEW YORK CITY TRANSIT
 AUTHORITY OR ITS SUBSIDIARIES, THE  COURT,  IN  ADDITION  TO  THE  OTHER
 POWERS  CONFERRED  UPON IT BY THIS CHAPTER, MAY AS A CONDITION OF A PRE-
 TRIAL RELEASE, OR AS A CONDITION OF RELEASE ON BAIL OR AN ADJOURNMENT IN
 CONTEMPLATION OF DISMISSAL, ISSUE A TEMPORARY  ORDER  OF  PROTECTION  OF
 PUBLIC  TRANSIT  RIDERS  TO  ENSURE THE PUBLIC SAFETY. SUCH AN ORDER MAY
 REQUIRE THAT THE DEFENDANT REFRAIN FROM ENTERING, REMAINING IN OR  USING
 THE FACILITIES OR CONVEYANCES OF THE METROPOLITAN TRANSPORTATION AUTHOR-
 ITY  OR ITS SUBSIDIARIES AND THE NEW YORK CITY TRANSIT AUTHORITY AND ITS
 SUBSIDIARIES. A TEMPORARY ORDER OF PROTECTION OF PUBLIC  TRANSIT  RIDERS
 SHALL  REMAIN  IN  EFFECT UNTIL THE FINAL DISPOSITION OF THE CASE UNLESS
 REVOKED BY THE COURT.
   2. UPON SENTENCING ON A CONVICTION  FOR  A  CRIME  INVOLVING  UNLAWFUL
 SEXUAL CONDUCT COMMITTED AGAINST ANY METROPOLITAN TRANSPORTATION AUTHOR-
 ITY  PASSENGER,  CUSTOMER,  OR  EMPLOYEE  OR AN ASSAULT-RELATED CRIME OR
 OFFENSE AGAINST A METROPOLITAN TRANSPORTATION AUTHORITY EMPLOYEE COMMIT-
 TED IN OR ON ANY FACILITY OR CONVEYANCE OF THE METROPOLITAN  TRANSPORTA-
 TION  AUTHORITY  OR  ITS  SUBSIDIARIES  OR  OF THE NEW YORK CITY TRANSIT
 AUTHORITY OR ITS SUBSIDIARIES, THE COURT MAY, IN ADDITION TO  ANY  OTHER
 DISPOSITION,  ENTER AN ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS. THE
 DURATION OF SUCH AN ORDER SHALL BE THREE YEARS.
   3. IN ANY PROCEEDING IN WHICH AN ORDER OF PROTECTION OF PUBLIC TRANSIT
 RIDERS OR TEMPORARY ORDER OF PROTECTION OF  PUBLIC  TRANSIT  RIDERS  HAS
 BEEN  ISSUED  UNDER  THIS SECTION, THE CLERK OF THE COURT SHALL ISSUE TO
 THE DEFENDANT AND DEFENSE COUNSEL AND  THE  METROPOLITAN  TRANSPORTATION

 S. 7508                            33                            A. 9508
 
 AUTHORITY, A COPY OF THE ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS OR
 TEMPORARY ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS.
 § 498.10 TRANSIT TRESPASS.
   A PERSON IS GUILTY OF TRANSIT TRESPASS WHEN, BEING A PERSON SUBJECT TO
 A  PROHIBITION ORDER ISSUED BY THE METROPOLITAN TRANSPORTATION AUTHORITY
 PURSUANT TO SECTION TWELVE HUNDRED SIXTY-FOUR-B OF THE  PUBLIC  AUTHORI-
 TIES LAW OR AN ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS OR TEMPORARY
 ORDER  OF  PROTECTION  OF PUBLIC TRANSIT RIDERS ISSUED BY A COURT, HE OR
 SHE KNOWINGLY ENTERS OR REMAINS IN OR USES ANY FACILITY OR CONVEYANCE OF
 THE METROPOLITAN TRANSPORTATION AUTHORITY OR ITS SUBSIDIARIES OR OF  THE
 NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARIES.
   TRANSIT TRESPASS IS A CLASS A MISDEMEANOR.
   §  2.  The  public  authorities law is amended by adding a new section
 1264-b to read as follows:
   § 1264-B. PROHIBITION ORDERS. 1. THE AUTHORITY MAY ISSUE A PROHIBITION
 ORDER TO ANY PERSON IF IT DETERMINES THAT:
   (A) THE PERSON: (I) HAS BEEN ISSUED A SUMMONS, AN  APPEARANCE  TICKET,
 OR  A NOTICE OF VIOLATION FOR COMMITTING A VIOLATION OF ANY OF THE RULES
 AND REGULATIONS GOVERNING THE CONDUCT AND SAFETY OF  THE  PUBLIC  ESTAB-
 LISHED  BY  THE NEW YORK CITY TRANSIT AUTHORITY, THE MANHATTAN AND BRONX
 SURFACE TRANSIT OPERATING AUTHORITY, THE  STATEN  ISLAND  RAPID  TRANSIT
 OPERATING  AUTHORITY, MTA BUS COMPANY, THE METRO-NORTH COMMUTER RAILROAD
 COMPANY, OR THE LONG ISLAND RAIL ROAD COMPANY; AND  (II)  THE  VIOLATION
 WAS  RELATED  TO  A  SEXUAL  OFFENSE  COMMITTED AGAINST ANY METROPOLITAN
 TRANSPORTATION  AUTHORITY  PASSENGER,  CUSTOMER,  OR  EMPLOYEE   OR   AN
 ASSAULT-RELATED  CRIME  OR OFFENSE AGAINST A METROPOLITAN TRANSPORTATION
 AUTHORITY EMPLOYEE; AND (III) THE PERSON WAS PREVIOUSLY  ISSUED  TWO  OR
 MORE  SUMMONSES, APPEARANCE TICKETS, OR NOTICES OF VIOLATION FOR COMMIT-
 TING A VIOLATION OF ANY OF  THE  RULES  AND  REGULATIONS  GOVERNING  THE
 CONDUCT AND SAFETY OF THE PUBLIC ESTABLISHED BY THE NEW YORK CITY TRANS-
 IT AUTHORITY, THE MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORI-
 TY,  THE  STATEN  ISLAND  RAPID TRANSIT OPERATING AUTHORITY, THE MTA BUS
 COMPANY, THE METRO-NORTH COMMUTER RAILROAD COMPANY, OR THE  LONG  ISLAND
 RAIL  ROAD COMPANY FOR A VIOLATION RELATED TO A SEXUAL OFFENSE COMMITTED
 AGAINST ANY METROPOLITAN TRANSPORTATION AUTHORITY  PASSENGER,  CUSTOMER,
 OR  EMPLOYEE  OR AN ASSAULT-RELATED CRIME OR OFFENSE AGAINST A METROPOL-
 ITAN TRANSPORTATION AUTHORITY EMPLOYEE; OR
   (B) THE PERSON HAS BEEN DESIGNATED A LEVEL THREE SEX OFFENDER PURSUANT
 TO THE PROCEDURES SET FORTH IN ARTICLE SIX-C OF THE CORRECTION LAW.
   2. A PERSON SUBJECT TO A PROHIBITION ORDER MAY NOT USE OR ENTER ANY OF
 THE AUTHORITY'S SUBWAYS, TRAINS, BUSES, OR OTHER CONVEYANCES OR  FACILI-
 TIES AS SPECIFIED IN THE ORDER FOR A PERIOD OF THREE YEARS FOLLOWING THE
 ISSUANCE OF THE PROHIBITION ORDER.
   3.  NO PROHIBITION ORDER SHALL BE EFFECTIVE UNLESS THE AUTHORITY FIRST
 AFFORDS THE PERSON NOTICE AND AN OPPORTUNITY TO CONTEST THE  AUTHORITY'S
 PROPOSED  ACTION  IN ACCORDANCE WITH PROCEDURES ADOPTED BY THE AUTHORITY
 FOR THIS PURPOSE. THE AUTHORITY'S PROCEDURES SHALL PROVIDE, AT  A  MINI-
 MUM, FOR THE NOTICE AND OTHER PROTECTIONS SET FORTH IN THIS SECTION, AND
 THE AUTHORITY SHALL PROVIDE REASONABLE NOTIFICATION TO THE PUBLIC OF THE
 AVAILABILITY OF SUCH PROCEDURES.
   4.  (A)  A  NOTICE  OF  A PROPOSED PROHIBITION ORDER SHALL SET FORTH A
 DESCRIPTION OF THE LISTED CRIMES OR CONDUCT GIVING RISE TO THE  PROHIBI-
 TION ORDER, INCLUDING REFERENCE TO THE APPLICABLE STATUTORY PROVISION OR
 ORDINANCE VIOLATED, THE DATES OF THE LISTED CONDUCT, THE LOCATIONS WHERE
 SUCH  CONDUCT WAS COMMITTED AND THE SCOPE OF THE PROHIBITION. THE NOTICE
 SHALL INCLUDE A CLEAR AND CONSPICUOUS STATEMENT INDICATING THE PROCEDURE

 S. 7508                            34                            A. 9508

 FOR CONTESTING THE PROPOSED  PROHIBITION  ORDER.  THE  NOTICE  SHALL  BE
 SERVED  UPON  THE  PERSON WHO IS THE SUBJECT OF THE PROPOSED PROHIBITION
 ORDER IN THE MANNER SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION.  THE
 NOTICE  OF  PROHIBITION  ORDER, OR A COPY THEREOF, SHALL BE CONSIDERED A
 RECORD KEPT IN THE ORDINARY COURSE OF  BUSINESS  OF  THE  AUTHORITY  AND
 SHALL  BE  PRIMA  FACIE  EVIDENCE  OF  THE FACTS CONTAINED IN THE NOTICE
 ESTABLISHING A REBUTTABLE PRESUMPTION AFFECTING THE BURDEN OF  PRODUCING
 EVIDENCE.  FOR PURPOSES OF THIS PARAGRAPH, "CLEAR AND CONSPICUOUS" MEANS
 IN LARGER TYPE THAN THE SURROUNDING TEXT, OR IN CONTRASTING TYPE,  FONT,
 OR  COLOR  TO  THE SURROUNDING TEXT OF THE SAME SIZE OR SET OFF FROM THE
 SURROUNDING TEXT OF THE SAME SIZE BY SYMBOLS OR OTHER  MARKS  THAT  CALL
 ATTENTION TO THE LANGUAGE.
   (B) A PROPOSED PROHIBITION ORDER MAY BE SERVED BY:
   (1) IN-PERSON DELIVERY; OR
   (2)  DELIVERY BY ANY FORM OF MAIL PROVIDING FOR DELIVERY CONFIRMATION,
 POSTAGE PREPAID, TO THE MOST RECENT ADDRESS PROVIDED BY THE PERSON BEING
 SERVED IN GOVERNMENT RECORDS, INCLUDING, BUT NOT LIMITED TO, THE ADDRESS
 SET FORTH IN A CITATION OR COURT RECORDS; OR
   (3) ANY ALTERNATE METHOD APPROVED IN WRITING BY THE AUTHORITY AND  THE
 PERSON BEING SERVED.
   (C)  FOR  PURPOSES  OF  THIS SECTION, DELIVERY SHALL BE DEEMED TO HAVE
 BEEN MADE ON THE FOLLOWING DATE, AS APPLICABLE:
   (1) ON THE DATE OF DELIVERY, IF DELIVERED IN PERSON; OR
   (2) ON THE DATE OF CONFIRMED DELIVERY, IF DELIVERED BY MAIL.
   (D) PROOF OF SERVICE OF THE NOTICE SHALL BE FILED WITH THE AUTHORITY.
   (E) IF A PERSON CONTESTS A NOTICE OF PROHIBITION ORDER, THE  AUTHORITY
 SHALL PROCEED IN ACCORDANCE WITH SUBDIVISION SIX OF THIS SECTION. IF THE
 NOTICE  OF  PROHIBITION  ORDER IS NOT CONTESTED WITHIN TEN CALENDAR DAYS
 FOLLOWING SERVICE OF THE NOTICE, THE PROHIBITION ORDER SHALL  BE  DEEMED
 FINAL  AND  SHALL  BE EFFECTIVE, WITHOUT FURTHER ACTION BY THE AUTHORITY
 FOR THREE YEARS.
   (F) PROHIBITION ORDERS SHALL BE SUBJECT TO AN AUTOMATIC STAY AND SHALL
 NOT TAKE EFFECT UNTIL THE LATEST OF THE FOLLOWING:
   (1) ELEVEN CALENDAR DAYS  FOLLOWING  SERVICE  OF  THE  NOTICE  OF  THE
 PROPOSED PROHIBITION ORDER IF THE ORDER IS NOT CONTESTED;
   (2)  ELEVEN  CALENDAR  DAYS  FOLLOWING  SERVICE  OF THE RESULTS OF THE
 REVIEW IF AN INITIAL REVIEW IS TIMELY REQUESTED AND THE PROPOSED  PROHI-
 BITION ORDER IS UPHELD ON REVIEW; OR
   (3) THE DATE THE HEARING OFFICER'S DECISION IS SERVED ON THE PERSON IF
 AN  ADMINISTRATIVE  HEARING  IS TIMELY REQUESTED AND THE HEARING OFFICER
 UPHELD THE ORDER.
   5. (A) FOR A PERIOD OF TEN DAYS  FROM  THE  SERVICE  OF  THE  PROPOSED
 PROHIBITION  ORDER,  THE  PERSON  MAY  REQUEST  AN INITIAL REVIEW OF THE
 PROHIBITION ORDER BY THE AUTHORITY. THE REQUEST MAY  BE  MADE  BY  TELE-
 PHONE,  IN  WRITING,  OR  IN  PERSON.  THERE SHALL BE NO CHARGE FOR THIS
 REVIEW. IN CONDUCTING ITS  REVIEW  AND  REACHING  A  DETERMINATION,  THE
 AUTHORITY  SHALL  DETERMINE  WHETHER  THE  PROHIBITION  ORDER  MEETS THE
 REQUIREMENTS OF SUBDIVISION ONE  OF  THIS  SECTION.  IF,  FOLLOWING  THE
 INITIAL  REVIEW,  BASED ON THESE FINDINGS, THE AUTHORITY DETERMINES THAT
 THE PROPOSED PROHIBITION ORDER  IS  NOT  ADEQUATELY  SUPPORTED  OR  THAT
 EXTENUATING CIRCUMSTANCES MAKE DISMISSAL OF THE PROHIBITION ORDER APPRO-
 PRIATE  IN  THE  INTEREST  OF  JUSTICE,  THE  AUTHORITY SHALL CANCEL THE
 NOTICE. IF, FOLLOWING THE INITIAL REVIEW, BASED ON THESE  FINDINGS,  THE
 AUTHORITY  DETERMINES  THAT  THE  PROHIBITION  ORDER SHOULD BE UPHELD IN
 WHOLE OR IN PART, THE AUTHORITY SHALL ISSUE A WRITTEN STATEMENT TO  THAT
 EFFECT,  INCLUDING ANY MODIFICATION TO THE PERIOD OR SCOPE OF THE PROHI-

 S. 7508                            35                            A. 9508
 
 BITION ORDER. THE AUTHORITY SHALL  SERVE  THE  RESULTS  OF  THE  INITIAL
 REVIEW  TO  THE PERSON CONTESTING THE NOTICE AS SET FORTH IN SUBDIVISION
 FOUR OF THIS SECTION.
   (B) THE AUTHORITY MAY IN ITS DISCRETION MODIFY OR CANCEL A PROHIBITION
 ORDER IN THE INTEREST OF JUSTICE AT ANY TIME. IF THE PERSON DEPENDS UPON
 THE  AUTHORITY'S SUBWAYS, TRAINS, BUSES, OR OTHER CONVEYANCES OR FACILI-
 TIES FOR TRIPS OF NECESSITY, INCLUDING, BUT NOT LIMITED TO, TRAVEL TO OR
 FROM MEDICAL OR LEGAL APPOINTMENTS, SCHOOL OR TRAINING CLASSES, OR PLAC-
 ES OF EMPLOYMENT; OBTAINING  FOOD,  CLOTHING,  AND  NECESSARY  HOUSEHOLD
 ITEMS;  OR  RENDERING CARE TO FAMILY MEMBERS, THE AUTHORITY MAY MODIFY A
 PROHIBITION ORDER TO ALLOW FOR A TRIP OR TRIPS AS IN ITS DISCRETION  ARE
 NECESSARY.  A PERSON REQUESTING THAT A PROHIBITION ORDER BE CANCELLED OR
 MODIFIED IN THE INTEREST OF JUSTICE SHALL HAVE THE BURDEN OF  ESTABLISH-
 ING THE QUALIFYING CIRCUMSTANCES BY A PREPONDERANCE OF THE EVIDENCE.
   (C)  IF  THE  PERSON  IS  DISSATISFIED WITH THE RESULTS OF THE INITIAL
 REVIEW, THE PERSON MAY REQUEST AN ADMINISTRATIVE HEARING OF THE PROHIBI-
 TION ORDER NO LATER THAN TEN DAYS  AFTER  THE  RESULTS  OF  THE  INITIAL
 REVIEW  ARE  SERVICED. THE REQUEST MAY BE MADE BY TELEPHONE, IN WRITING,
 OR IN PERSON. AN ADMINISTRATIVE HEARING SHALL BE HELD WITHIN THIRTY DAYS
 AFTER THE RECEIPT OF A REQUEST FOR AN ADMINISTRATIVE HEARING. THE PERSON
 REQUESTING THE HEARING MAY REQUEST ONE CONTINUANCE, NOT TO EXCEED  SEVEN
 CALENDAR DAYS.
   6. THE ADMINISTRATIVE HEARING PROCESS SHALL INCLUDE ALL OF THE FOLLOW-
 ING:
   (A) THE PERSON REQUESTING THE HEARING SHALL HAVE THE CHOICE OF A HEAR-
 ING BY MAIL OR IN PERSON. AN IN-PERSON HEARING SHALL BE CONDUCTED BY THE
 TRANSIT ADJUDICATION BUREAU ESTABLISHED BY SECTION TWELVE HUNDRED NINE-A
 OF THIS ARTICLE.
   (B)  THE  ADMINISTRATIVE HEARING SHALL BE CONDUCTED IN ACCORDANCE WITH
 WRITTEN PROCEDURES ESTABLISHED  BY  THE  AUTHORITY.  THE  HEARING  SHALL
 PROVIDE  AN  INDEPENDENT,  OBJECTIVE,  FAIR, AND IMPARTIAL REVIEW OF THE
 PROHIBITION ORDER.
   (C) THE ADMINISTRATIVE REVIEW SHALL  BE  CONDUCTED  BEFORE  A  HEARING
 OFFICER.  IN ADDITION TO ANY OTHER REQUIREMENTS, A HEARING OFFICER SHALL
 DEMONSTRATE THE QUALIFICATIONS, TRAINING, AND OBJECTIVITY AS ARE  NECES-
 SARY TO FULFILL AND THAT ARE CONSISTENT WITH THE DUTIES AND RESPONSIBIL-
 ITIES SET FORTH IN THIS SUBDIVISION.
   (D) IN ISSUING A DECISION, THE HEARING OFFICER SHALL DETERMINE WHETHER
 THE  PROHIBITION ORDER MEETS THE REQUIREMENTS OF SUBDIVISION ONE OF THIS
 SECTION. BASED UPON THESE FINDINGS, THE HEARING OFFICER MAY  UPHOLD  THE
 PROHIBITION  ORDER IN WHOLE, DETERMINE THAT THE PROHIBITION ORDER IS NOT
 ADEQUATELY SUPPORTED BY A PREPONDERANCE OF THE EVIDENCE,  OR  CANCEL  OR
 MODIFY  THE  PROHIBITION ORDER IN THE INTEREST OF JUSTICE. IF THE PERSON
 DEPENDS UPON THE AUTHORITY'S SUBWAYS, TRAINS, BUSES, OR OTHER CONVEYANC-
 ES OR FACILITIES FOR TRIPS OF NECESSITY, INCLUDING, BUT NOT LIMITED  TO,
 TRAVEL  TO  OR  FROM  MEDICAL  OR LEGAL APPOINTMENTS, SCHOOL OR TRAINING
 CLASSES, OR PLACES OF EMPLOYMENT; OBTAINING FOOD, CLOTHING,  AND  NECES-
 SARY  HOUSEHOLD  ITEMS; OR RENDERING CARE TO FAMILY MEMBERS, THE HEARING
 OFFICER MAY IN THEIR DISCRETION MODIFY A PROHIBITION ORDER TO ALLOW  FOR
 SUCH  TRIPS.  A  PERSON REQUESTING A CANCELLATION OR MODIFICATION IN THE
 INTEREST OF JUSTICE SHALL HAVE THE BURDEN OF ESTABLISHING THE QUALIFYING
 CIRCUMSTANCES BY A PREPONDERANCE OF THE EVIDENCE.
   (E) THE HEARING OFFICER'S DECISION FOLLOWING THE ADMINISTRATIVE  HEAR-
 ING SHALL BE SERVED AS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION.
   (F)  A  PERSON  AGGRIEVED BY THE FINAL DECISION OF THE HEARING OFFICER
 MAY SEEK JUDICIAL REVIEW OF THE DECISION WITHIN NINETY DAYS  OF  SERVICE

 S. 7508                            36                            A. 9508
 
 OF  THE DECISION PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE
 LAW AND RULES.
   7.  A  PERSON  ISSUED  A PROHIBITION ORDER MAY, WITHIN TEN DAYS OF THE
 DATE THE ORDER BECOMES EFFECTIVE, REQUEST A REFUND FOR ANY PREPAID  FARE
 AMOUNTS  RENDERED  UNUSABLE IN WHOLE OR IN PART BY THE PROHIBITION ORDER
 INCLUDING, BUT NOT LIMITED TO, MONTHLY PASSES.
   8. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO LIMIT  THE
 POWER OF ANY COURT TO ISSUE ADDITIONAL RESTRICTIONS ON A PERSON'S ABILI-
 TY  TO USE OR ENTER THE AUTHORITY'S FACILITIES OR CONVEYANCES, INCLUDING
 BUT NOT LIMITED TO AS A CONDITION OF BAIL OR  PROBATION  OR  CONDITIONAL
 DISCHARGE OR AS A PART OF ANY CRIMINAL SENTENCE.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.  Effective immediately, the metropolitan  transporta-
 tion  authority may adopt any rules, regulations, policies or procedures
 necessary to implement this act prior to the effective date of this act.
 
                                  PART Q

   Section 1. Paragraph (d) of section 304 of  the  business  corporation
 law is amended to read as follows:
   (d)  ANY DESIGNATED POST OFFICE ADDRESS MAINTAINED BY THE SECRETARY OF
 STATE AS AGENT OF A DOMESTIC CORPORATION OR FOREIGN CORPORATION FOR  THE
 PURPOSE  OF  MAILING PROCESS SHALL BE THE POST OFFICE ADDRESS, WITHIN OR
 WITHOUT THE STATE, TO WHICH A PERSON SHALL  MAIL  PROCESS  AGAINST  SUCH
 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 corporation or a foreign corporation, shall continue
 until the filing of a certificate under this chapter directing the mail-
 ing to a different [post-office] POST OFFICE address.
   § 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  A  DOMESTIC  LIMITED  LIABILITY  COMPANY  OR
 FOREIGN LIMITED LIABILITY COMPANY FORMED OR AUTHORIZED TO DO BUSINESS IN
 THIS STATE.
   §  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

 S. 7508                            37                            A. 9508
 
 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.]
   § 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 AT LEAST sixty days prior to the filing of the certificate of
 resignation  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 designating corporation, if other than the party filing the
 certificate of resignation[,] for receipt of process, or if the [resign-
 ing]  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.
   §  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. 7508                            38                            A. 9508
 
   §  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.
   § 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.
   §  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.
   §  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.
   § 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. 7508                            39                            A. 9508
 
   §  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.
   §  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.
   §  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.
   § 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. 7508                            40                            A. 9508
 
   §  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.
   § 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.
   § 17. Section 1311 of the business  corporation  law,  as  amended  by
 chapter 375 of the laws of 1998, is amended to read as follows:
 § 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] THE
 office OF THE SECRETARY OF STATE 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 certificate 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).
   § 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

 S. 7508                            41                            A. 9508
 
 mail a copy of any process against it served upon [him] THE SECRETARY OF
 STATE.
   §  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.
   § 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.
   § 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 MAINTAINED BY THE SECRETARY  OF
 STATE  AS  AGENT IN ANY ACTION OR PROCEEDING AGAINST THE ASSOCIATION FOR
 THE PURPOSE OF MAILING PROCESS SHALL BE THE POST OFFICE ADDRESS,  WITHIN
 OR  WITHOUT THE STATE, TO WHICH A PERSON SHALL MAIL PROCESS AGAINST SUCH
 ASSOCIATION AS REQUIRED BY THIS ARTICLE.  SUCH  ADDRESS  SHALL  CONTINUE
 UNTIL THE FILING OF A CERTIFICATE UNDER THIS CHAPTER DIRECTING THE MAIL-
 ING 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.
   § 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. 7508                            42                            A. 9508
 
   §  19.    Service of process. 1. 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,  dupli-
 cate  copies of such process at the office of the department of state in
 the city of Albany] SO DESIGNATED. 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.]
   2.  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.
   §  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] THE  SECRETARY  OF
 STATE,  a  deputy secretary 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]  THE
 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 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 by the addressee or [his or its] THEIR
 agent, on return to the attorney general of the original envelope  bear-
 ing  a  notation  by  the  postal  authorities  that receipt thereof was
 refused.
   § 24. Section 686 of the general business law, as added by chapter 730
 of the laws of 1980, is amended to read as follows:
   § 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

 S. 7508                            43                            A. 9508
 
 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] HER 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] HER successor, administrator or
 executor, 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 or] 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,  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] THE address [as] set forth in the application for  registration
 of his OR HER offering prospectus or in the registered offering prospec-
 tus 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] HER agent, or if the address-
 ee  moved  without  leaving  a  forwarding  address,  upon return to the
 department of the original envelope bearing a  notation  by  the  postal
 authorities  that  receipt  thereof  was  refused  or that such mail was
 otherwise undeliverable.
   § 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;
   §  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;
   § 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;
   §  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. 7508                            44                            A. 9508
 
   § 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.
   §  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
   § 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 MAINTAINED BY THE SECRETARY OF
 STATE AS AGENT OF A DOMESTIC LIMITED LIABILITY COMPANY OR FOREIGN LIMIT-
 ED LIABILITY COMPANY FOR THE PURPOSE OF MAILING  PROCESS  SHALL  BE  THE
 POST  OFFICE  ADDRESS,  WITHIN  OR  WITHOUT THE STATE, TO WHICH A PERSON
 SHALL MAIL PROCESS AGAINST SUCH LIMITED LIABILITY COMPANY AS REQUIRED BY
 THIS ARTICLE. Any designated post office address to which [the secretary
 of state] 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

 S. 7508                            45                            A. 9508
 
 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.
   § 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 AT LEAST  sixty days prior to the filing of  the  certificate
 of  resignation  FOR RECEIPT OF PROCESS with the department of state the
 party has sent a copy of the certificate of resignation for  receipt  of

 S. 7508                            46                            A. 9508

 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 designating 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.
   §  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

 S. 7508                            47                            A. 9508

 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.]
   §  33.  Section 305 of the limited liability company law is amended to
 read as follows:
   § 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.
   § 34. Paragraph 4 of subdivision (a) of section  802  of  the  limited
 liability company law, as amended 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;
   §  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:
   § 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

 S. 7508                            48                            A. 9508
 
 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.
   § 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.
   §  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;
   § 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;
   §  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;
   § 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 MAINTAINED BY THE SECRETARY  OF
 STATE  AS AGENT OF A DOMESTIC NOT-FOR-PROFIT CORPORATION OR FOREIGN NOT-
 FOR-PROFIT CORPORATION FOR THE PURPOSE OF MAILING PROCESS SHALL  BE  THE

 S. 7508                            49                            A. 9508
 
 POST  OFFICE  ADDRESS,  WITHIN  OR  WITHOUT THE STATE, TO WHICH A PERSON
 SHALL MAIL PROCESS AGAINST SUCH 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  corporation  formed
 under article four of this chapter or foreign corporation, shall contin-
 ue  until  the  filing of a certificate under this chapter directing the
 mailing to a different [post-office] POST OFFICE address.
   § 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.
   § 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, [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 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.
   § 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. 7508                            50                            A. 9508

   § 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.
   §  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.
   §  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.
   § 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.
   § 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] CLAUSE (D) OF THIS SUBPARAGRAPH
 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.
   § 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:

 S. 7508                            51                            A. 9508

   (F)  A  designation  of the secretary of state as [his] ITS agent upon
 whom process against it may be served in the manner set forth  in  para-
 graph  (b) of section 306 (Service of process), in any action or special
 proceeding described in [subparagraph] CLAUSE (D) OF  THIS  SUBPARAGRAPH
 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.
   §  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.
   § 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.
   § 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, 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] 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.
   §  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.

 S. 7508                            52                            A. 9508

   (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.
   §  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:
 § 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]  WITH  THE
 DEPARTMENT  specified  for such purpose.  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 1310
 (Certificate  of change, contents) to effect a change in the post office
 address under subparagraph [(a) (4)] (7) OF  PARAGRAPH  (A)  of  section
 1308 (Amendments or changes).
   §  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 MAINTAINED BY THE SECRETARY  OF
 STATE  AS  AGENT  OF  A  DOMESTIC LIMITED PARTNERSHIP OR FOREIGN LIMITED
 PARTNERSHIP FOR THE PURPOSE OF MAILING PROCESS SHALL BE THE POST  OFFICE
 ADDRESS, WITHIN OR WITHOUT THE STATE, TO WHICH A PERSON SHALL MAIL PROC-
 ESS  AGAINST  SUCH  LIMITED PARTNERSHIP 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.
   § 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

 S. 7508                            53                            A. 9508

 state  as agent for such limited partnership, and that such party wishes
 to resign.
   (3) that AT LEAST sixty days prior to the filing of the certificate of
 resignation  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 proc-
 ess, or if the [resigning] DESIGNATING limited partnership has no regis-
 tered 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 affida-
 vit 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.
   §  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 (III) A DOMESTIC LIMITED LIABILITY COMPANY OR
 A  FOREIGN  LIMITED  LIABILITY COMPANY AUTHORIZED TO DO BUSINESS IN THIS
 STATE.
   § 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 THIS 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

 S. 7508                            54                            A. 9508
 
 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 THE DEPARTMENT AFTER  A  PERIOD
 OF TEN YEARS FROM SUCH SERVICE.
   §  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;
   §  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.
   §  61.  Section  121-202-A of the partnership law, as added by chapter
 448 of the laws of 1998, paragraph 2 of subdivision (a)  as  amended  by
 chapter 172 of the laws of 1999, is amended to read as follows:
   § 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

 S. 7508                            55                            A. 9508
 
 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.
   § 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;
   §  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:
   § 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

 S. 7508                            56                            A. 9508
 
 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.
   § 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.
   § 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.
   §  66. Subparagraphs 2 and 4 of paragraph (I) and clause 4 of subpara-
 graph (A) of paragraph (II) of subdivision (a) 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;
   § 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:

 S. 7508                            57                            A. 9508
 
   (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
   § 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.
   §  69.  Subdivision (a) of section 121-1502 of the partnership law, as
 amended by chapter 643 of the laws of 1995, paragraph (v) as amended  by
 chapter 470 of the laws of 1997, is 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

 S. 7508                            58                            A. 9508
 
 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.
   § 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, are 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
   §  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;
   § 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

 S. 7508                            59                            A. 9508
 
 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.
   §  73.  Subdivision (a) of section 121-1505 of the partnership law, as
 added by chapter 470 of the laws of 1997, is amended and two new  subdi-
 visions (d) and (e) 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 MAINTAINED BY THE SECRETARY OF
 STATE AS AGENT OF A REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK
 REGISTERED FOREIGN LIMITED LIABILITY  PARTNERSHIP  FOR  THE  PURPOSE  OF
 MAILING  PROCESS SHALL BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THE
 STATE, TO WHICH A PERSON SHALL MAIL PROCESS AGAINST SUCH LIMITED LIABIL-
 ITY COMPANY AS REQUIRED BY THIS ARTICLE.  SUCH  ADDRESS  SHALL  CONTINUE

 S. 7508                            60                            A. 9508
 
 UNTIL THE FILING OF A CERTIFICATE UNDER THIS CHAPTER DIRECTING THE MAIL-
 ING TO A DIFFERENT POST OFFICE ADDRESS.
   §  74.  Subdivision (b) of section 121-1506 of the partnership law, as
 added by chapter 448 of the laws of 1998,  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 AT LEAST sixty days prior to the filing of the certificate of
 resignation  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 liability partnership, if
 other than the party filing the certificate of resignation, for  receipt
 of process, or if the [resigning] DESIGNATING limited liability partner-
 ship  has  no  registered agent, then to the last address of the [desig-
 nated] DESIGNATING limited liability partnership, known  to  the  party,
 specifying the address to which the copy was sent. If there is no regis-
 tered  agent  and  no known address of the designating limited liability
 partnership the party shall attach an affidavit to the certificate stat-
 ing that a diligent 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.
   § 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.
   § 76. Subdivision 15 of section 20.03 of the arts and cultural affairs
 law,  as added by chapter 656 of the laws of 1991, is amended to read as
 follows:
   15. "Non-institutional portion" shall mean the part or  portion  of  a
 combined-use  facility other than the institutional portion. If the non-
 institutional portion, or any part thereof, consists of  a  condominium,
 the  consent  of the trust which has developed or approved the developer
 of such condominium shall be required prior  to  any  amendment  of  the
 declaration  of such condominium pursuant to subdivision [nine] EIGHT of
 section three hundred thirty-nine-n of the real property law  and  prior

 S. 7508                            61                            A. 9508
 
 to  any  amendment  of the by-laws of such condominium pursuant to para-
 graph (j) of subdivision one of section three hundred  thirty-nine-v  of
 the  real property law, and whether or not such trust is a unit owner of
 such  condominium,  it  may exercise the rights of the board of managers
 and an aggrieved unit owner under section three hundred thirty-nine-j of
 the real property law in the case of a failure of any unit owner of such
 condominium to comply with the by-laws of such condominium and with  the
 rules, regulations, and decisions adopted pursuant thereto.
   §  77.  Subdivision  7  of  section  339-n of the real property law is
 REPEALED and subdivisions 8 and 9 are renumbered subdivisions 7 and 8.
   § 78. 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 DEPARTMENT 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 COMPLIANCE  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.

 S. 7508                            62                            A. 9508
 
   (G) ANY DESIGNATED POST OFFICE ADDRESS MAINTAINED BY THE SECRETARY  OF
 STATE AS AGENT OF THE BOARD OF MANAGERS FOR THE PURPOSE OF MAILING PROC-
 ESS  SHALL  BE  THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THE STATE, TO
 WHICH A PERSON SHALL MAIL PROCESS AGAINST SUCH BOARD AS REQUIRED BY THIS
 ARTICLE.  SUCH  ADDRESS SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE
 UNDER THIS CHAPTER DIRECTING THE MAILING  TO  A  DIFFERENT  POST  OFFICE
 ADDRESS.
   §  79. 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.
   § 80. 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-

 S. 7508                            63                            A. 9508
 
 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
 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.
   §  81. 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:
   § 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

 S. 7508                            64                            A. 9508

 state] A PERSON shall mail a copy of any such process against the corpo-
 ration  which  may  be served upon [him] THE SECRETARY OF STATE. 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]  A  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] 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] CERTI-
 FIED 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 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
 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.
   § 82. Subdivisions (a) and (b) of section 310 of the tax law, as added
 by chapter 400 of the laws of 1983, are 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

 S. 7508                            65                            A. 9508
 
 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
 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.
   § 83. This act shall take effect on  the  one  hundred  twentieth  day
 after it shall have become a law.
 
                                  PART R
 
   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 R of chapter 58 of the laws of 2019, is
 amended to read as follows:

 S. 7508                            66                            A. 9508
 
   § 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,  [2020]
 2021.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after March 31, 2020.
 
                                  PART S
 
   Section 1. The general business law is amended by adding a new section
 390-d to read as follows:
   § 390-D.  GENDER  PRICING  DISCRIMINATION.  1.  DEFINITIONS.  FOR  THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "CONSUMER PRODUCTS" SHALL MEAN ANY GOODS USED, BOUGHT OR  RENDERED
 PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES;
   (B)  "CONSUMER  SERVICES"  SHALL  MEAN  ANY  SERVICES  USED, BOUGHT OR
 RENDERED PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES;
   (C) "SUBSTANTIALLY SIMILAR" SHALL MEAN (I) TWO CONSUMER PRODUCTS  THAT
 EXHIBIT  NO SUBSTANTIAL DIFFERENCES IN THE MATERIALS USED IN PRODUCTION,
 THE INTENDED USE OF THE PRODUCT, AND THE FUNCTIONAL DESIGN AND  FEATURES
 OF  THE  PRODUCT, OR (II) TWO CONSUMER SERVICES THAT EXHIBIT NO SUBSTAN-
 TIAL DIFFERENCE IN THE AMOUNT OF  TIME  TO  PROVIDE  THE  SERVICES,  THE
 DIFFICULTY  IN  PROVIDING  THE  SERVICES,  OR  THE COST OF PROVIDING THE
 SERVICES. A DIFFERENCE IN COLORING AMONG ANY CONSUMER PRODUCT SHALL  NOT
 BE  CONSTRUED AS A SUBSTANTIAL DIFFERENCE FOR THE PURPOSES OF THIS PARA-
 GRAPH.
   2. NO PERSON, FIRM, PARTNERSHIP, COMPANY, CORPORATION, OR OTHER  BUSI-
 NESS  ENTITY SHALL SELL OR OFFER FOR SALE ANY TWO CONSUMER PRODUCTS FROM
 THE SAME MANUFACTURER OR DISTRIBUTOR THAT ARE SUBSTANTIALLY SIMILAR,  IF
 SUCH  PRODUCTS ARE PRICED DIFFERENTLY BASED ON THE GENDER OF THE PERSONS
 FOR WHOM THE PRODUCTS ARE MARKETED AND INTENDED.
   3. NO PERSON, FIRM, PARTNERSHIP, COMPANY, CORPORATION OR  OTHER  BUSI-
 NESS  ENTITY SHALL SELL OR OFFER FOR SALE ANY CONSUMER SERVICES THAT ARE
 SUBSTANTIALLY SIMILAR IF SUCH SERVICES ARE PRICED DIFFERENTLY BASED UPON
 THE GENDER OF THE INDIVIDUALS  FOR  WHOM  THE  SERVICES  ARE  PERFORMED,
 OFFERED, OR MARKETED.
   4.  NOTHING  IN  THIS  SECTION PROHIBITS PRICE DIFFERENCES IN CONSUMER
 PRODUCTS OR CONSUMER SERVICES BASED  SPECIFICALLY  UPON  THE  AMOUNT  OF
 TIME,  DIFFICULTY  OR  COST  INCURRED  IN  MANUFACTURING SUCH PRODUCT OR
 OFFERING SUCH SERVICE.
   5.  (A)  THE  FOLLOWING  BUSINESS  ESTABLISHMENTS  SHALL  CLEARLY  AND
 CONSPICUOUSLY  DISCLOSE  TO THE CUSTOMER IN WRITING THE PRICING FOR EACH
 STANDARD SERVICE PROVIDED:
   (I) TAILORS OR BUSINESSES PROVIDING AFTERMARKET CLOTHING ALTERATIONS;
   (II) BARBERS OR HAIR SALONS;
   (III) DRY CLEANERS AND LAUNDRIES PROVIDING  SERVICES  TO  INDIVIDUALS;
 AND
   (IV) SUCH OTHER BUSINESS ESTABLISHMENTS AS MAY BE IDENTIFIED AND ADDED
 TO THIS LIST BY REGULATION.
   (B)  THE  PRICE LIST SHALL BE POSTED IN AN AREA CONSPICUOUS TO CUSTOM-
 ERS.  POSTED PRICE LISTS SHALL BE IN NO LESS THAN  FOURTEEN-POINT  BOLD-
 FACE  TYPE AND CLEARLY AND COMPLETELY DISPLAY PRICING FOR EVERY STANDARD
 SERVICE OFFERED BY THE BUSINESS.
   (C) THE BUSINESS ESTABLISHMENT  SHALL  PROVIDE  THE  CUSTOMER  WITH  A
 COMPLETE WRITTEN PRICE LIST UPON REQUEST.

 S. 7508                            67                            A. 9508
 
   (D) THE BUSINESS ESTABLISHMENT SHALL DISPLAY IN A CONSPICUOUS PLACE AT
 LEAST  ONE  CLEARLY  VISIBLE  SIGN,  PRINTED IN NO LESS THAN TWENTY-FOUR
 POINT BOLDFACE TYPE, WHICH READS: "NEW YORK LAW PROHIBITS  ANY  BUSINESS
 ESTABLISHMENT FROM DISCRIMINATING, WITH RESPECT TO THE PRICE CHARGED FOR
 SERVICES  OF  SIMILAR  OR  LIKE  KIND,  AGAINST  A PERSON BECAUSE OF THE
 PERSON'S GENDER. A COMPLETE PRICE LIST IS AVAILABLE UPON REQUEST."
   (E) FOR THE PURPOSES OF THIS SUBDIVISION, "STANDARD SERVICE" MEANS THE
 FIFTEEN MOST FREQUENTLY REQUESTED SERVICES PROVIDED BY THE BUSINESS.
   6. (A) THE ATTORNEY GENERAL MAY ISSUE A NOTICE DIRECTING THE CESSATION
 OF ANY CONDUCT BY A PERSON, FIRM, PARTNERSHIP, COMPANY, CORPORATION,  OR
 OTHER  BUSINESS  ENTITY WHICH THE ATTORNEY GENERAL HAS REASON TO BELIEVE
 HAS VIOLATED THIS SECTION. IF ANY PERSON,  FIRM,  PARTNERSHIP,  COMPANY,
 CORPORATION,  OR  OTHER  BUSINESS ENTITY FAILS TO SUBMIT EVIDENCE DEMON-
 STRATING DIFFERENCES IN THE AMOUNT OF TIME, DIFFICULTY OR COST  INCURRED
 IN MANUFACTURING SUCH PRODUCT OR OFFERING SUCH SERVICE WITHIN FIVE BUSI-
 NESS  DAYS  AFTER  SERVICE  OF  SUCH  NOTICE, OR IF THE ATTORNEY GENERAL
 DETERMINES THAT SUCH EVIDENCE FAILS  TO  DEMONSTRATE  LEGALLY  EXCUSABLE
 DIFFERENCES PROVIDED FOR IN SUBDIVISION FOUR OF THIS SECTION, THE ATTOR-
 NEY  GENERAL MAY BRING AN ACTION IN THE NAME AND ON BEHALF OF THE PEOPLE
 OF THE STATE OF NEW YORK TO ENJOIN SUCH ACTS AND TO  OBTAIN  RESTITUTION
 OF  ANY  MONEYS  OR PROPERTY OBTAINED DIRECTLY OR INDIRECTLY BY ANY SUCH
 UNLAWFUL ACTS. IN SUCH ACTION PRELIMINARY RELIEF MAY  BE  GRANTED  UNDER
 ARTICLE  SIXTY-THREE  OF  THE  CIVIL PRACTICE LAW AND RULES. IN ANY SUCH
 PROCEEDING, THE COURT SHALL IMPOSE A CIVIL PENALTY IN AN AMOUNT  NOT  TO
 EXCEED TWENTY-FIVE THOUSAND DOLLARS.
   (B) BEFORE ANY VIOLATION OF THIS SECTION IS SOUGHT TO BE ENJOINED, THE
 ATTORNEY  GENERAL SHALL BE REQUIRED TO GIVE THE PERSON AGAINST WHOM SUCH
 PROCEEDING IS CONTEMPLATED NOTICE BY CERTIFIED MAIL AND  AN  OPPORTUNITY
 TO SHOW IN WRITING WITHIN FIVE BUSINESS DAYS AFTER RECEIPT OF NOTICE WHY
 PROCEEDINGS  SHOULD  NOT  BE INSTITUTED AGAINST HIM, UNLESS THE ATTORNEY
 GENERAL SHALL FIND, IN ANY CASE IN WHICH HE  SEEKS  PRELIMINARY  RELIEF,
 THAT TO GIVE SUCH NOTICE AND OPPORTUNITY IS NOT IN THE PUBLIC INTEREST.
   (C) IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
 PURSUANT  TO  THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF
 ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN SUCH  PERSON'S  OWN
 NAME TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER ACTU-
 AL DAMAGES OR FIFTY DOLLARS, WHICHEVER IS GREATER, OR BOTH SUCH ACTIONS.
 THE  COURT  MAY,  IN ITS DISCRETION, INCREASE THE AWARD OF DAMAGES TO AN
 AMOUNT NOT TO EXCEED THREE TIMES THE ACTUAL DAMAGES UP TO  ONE  THOUSAND
 DOLLARS,  IF  THE  COURT  FINDS  THE  DEFENDANT  WILLFULLY  OR KNOWINGLY
 VIOLATED THIS SECTION. THE COURT MAY AWARD REASONABLE ATTORNEYS' FEES TO
 A PREVAILING PLAINTIFF.
   (D) THE ATTORNEY  GENERAL  SHALL  HAVE  POWER  AT  ALL  TIMES,  EITHER
 PERSONALLY  OR  BY HIS OR HER DEPUTIES, TO SUBPOENA WITNESSES, TO COMPEL
 THEIR ATTENDANCE, TO ADMINISTER AN OATH, TO  EXAMINE  ANY  PERSON  UNDER
 OATH AND TO REQUIRE THE PRODUCTION OF ANY RELEVANT BOOKS OR PAPERS. SUCH
 EXAMINATION  MAY  BE  CONDUCTED  ON  ANY  SUBJECT RELATING TO THE DUTIES
 IMPOSED UPON, OR THE POWERS VESTED IN, THE ATTORNEY  GENERAL  UNDER  THE
 PROVISIONS  OF  THIS  SECTION.  ANY  PERSON, FIRM, PARTNERSHIP, COMPANY,
 CORPORATION, OR OTHER BUSINESS ENTITY WHICH FAILS TO OBEY THE COMMAND OF
 A SUBPOENA WITHOUT REASONABLE  EXCUSE  OR  REFUSES,  WITHOUT  REASONABLE
 CAUSE,  TO  BE  SWORN  OR  TO  BE EXAMINED OR TO ANSWER A QUESTION OR TO
 PRODUCE A BOOK OR PAPER WHEN ORDERED  SO  TO  DO  BY  THE  OFFICER  DULY
 CONDUCTING  SUCH INQUIRY, OR FAILS TO PERFORM ANY ACT REQUIRED HEREUNDER
 TO BE PERFORMED, SHALL BE GUILTY OF A  MISDEMEANOR  AND  SHALL  ALSO  BE
 SUBJECT TO THE COMPULSIONS PROVIDED BY THE CIVIL PRACTICE LAW AND RULES.

 S. 7508                            68                            A. 9508
 
 ANY  OFFICER  PARTICIPATING IN SUCH INQUIRY AND ANY PERSON EXAMINED AS A
 WITNESS UPON SUCH INQUIRY WHO SHALL DISCLOSE TO ANY  PERSON  OTHER  THAN
 THE  ATTORNEY  GENERAL  THE  NAME  OF  ANY WITNESS EXAMINED OR ANY OTHER
 INFORMATION OBTAINED UPON SUCH INQUIRY, EXCEPT AS DIRECTED BY THE ATTOR-
 NEY GENERAL, SHALL BE GUILTY OF A MISDEMEANOR.
   (E)  NOTWITHSTANDING  ANY LAW TO THE CONTRARY, ALL MONIES RECOVERED OR
 OBTAINED UNDER THIS ARTICLE BY A  STATE  AGENCY  OR  STATE  OFFICIAL  OR
 EMPLOYEE  ACTING IN THEIR OFFICIAL CAPACITY SHALL BE SUBJECT TO SUBDIVI-
 SION ELEVEN OF SECTION FOUR OF THE STATE FINANCE LAW.
   7. THE ATTORNEY GENERAL MAY ADOPT  AND  PROMULGATE  RULES  AS  MAY  BE
 NECESSARY IN CARRYING OUT THE PROVISIONS OF THIS SECTION.
   §  2.  Separability  clause; construction. If any part or provision of
 this act or the application thereof to any person  or  circumstances  be
 adjudged  invalid  by any court of competent jurisdiction, such judgment
 shall be confined in its operation to the part, provision or application
 directly involved in the controversy in which such judgment  shall  have
 been rendered and shall not affect or impair the validity of the remain-
 der  of  this  act  or  the  application  thereof to other provisions or
 circumstances.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.
 
                                  PART T
 
   Section 1. The general business law is amended by adding a new article
 40 to read as follows:
                                ARTICLE 40
                      TELEPHONE CALL ABUSE PREVENTION
 SECTION 900. SHORT TITLE.
         901. DEFINITIONS.
         902. TELEMARKETING SALES CALLS MANDATES,  PROHIBITIONS,  AND  DO
                NOT CALL REGISTRY.
         903. TELEPHONE CALL AUTHENTICATION FRAMEWORK.
         904. TELEPHONE CALL BLOCKING.
         905. USE OF AUTOMATIC TELEPHONE DIALING SYSTEMS AND PLACEMENT OF
                CONSUMER TELEPHONE CALLS.
         906. TELEMARKETING AND CONSUMER FRAUD AND ABUSE PREVENTION ACT.
   §  900.  SHORT TITLE. THIS ARTICLE MAY BE CITED AS THE "TELEPHONE CALL
 ABUSE PREVENTION ACT".
   § 901. DEFINITIONS. UNLESS OTHERWISE INDICATED, AS USED IN THIS  ARTI-
 CLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
   2. "SECRETARY" MEANS THE SECRETARY OF STATE.
   3.  "CUSTOMER"  MEANS  ANY NATURAL PERSON WHO IS OR MAY BE REQUIRED TO
 PAY FOR OR TO EXCHANGE CONSIDERATION  FOR  GOODS  AND  SERVICES  OFFERED
 THROUGH TELEMARKETING.
   4.  "DOING  BUSINESS  IN THIS STATE" MEANS CONDUCTING TELEPHONIC SALES
 CALLS: A. FROM A LOCATION IN THIS STATE; OR B. FROM A  LOCATION  OUTSIDE
 OF THIS STATE TO CONSUMERS RESIDING IN THIS STATE.
   5.  "GOODS  AND  SERVICES" MEANS ANY GOODS AND SERVICES, AND SUCH TERM
 SHALL INCLUDE ANY REAL PROPERTY OR ANY  TANGIBLE  PERSONAL  PROPERTY  OR
 SERVICES OF ANY KIND.

 S. 7508                            69                            A. 9508

   6.  "NEGATIVE  OPTION FEATURE" MEANS, IN AN OFFER OR AGREEMENT TO SELL
 OR PROVIDE ANY GOODS OR SERVICES, A PROVISION UNDER WHICH THE CUSTOMER'S
 SILENCE OR FAILURE TO TAKE AN AFFIRMATIVE ACTION TO REJECT SUCH GOODS OR
 SERVICES OR TO CANCEL THE AGREEMENT IS  INTERPRETED  BY  THE  SELLER  AS
 ACCEPTANCE OF THE OFFER.
   7.  "PERSON" MEANS ANY NATURAL PERSON, ASSOCIATION, PARTNERSHIP, FIRM,
 OR CORPORATION AND ITS AFFILIATES OR  SUBSIDIARIES,  OR  OTHER  BUSINESS
 ENTITY.
   8.  "TELEMARKETER"  MEANS  ANY  PERSON  WHO,  FOR  FINANCIAL PROFIT OR
 COMMERCIAL PURPOSES IN CONNECTION WITH TELEMARKETING, A. MAKES  TELEMAR-
 KETING  SALES CALLS OR ELECTRONIC MESSAGING TEXTS TO A CUSTOMER WHEN THE
 CUSTOMER IS IN THIS  STATE,  B.  DIRECTLY  CONTROLS  OR  SUPERVISES  THE
 CONDUCT  OF  A  TELEMARKETER, OR C. INTENTIONALLY AIDS A TELEMARKETER TO
 ENGAGE IN TELEMARKETING. FOR THE PURPOSES OF THIS  ARTICLE,  "COMMERCIAL
 PURPOSES" SHALL MEAN THE SALE OR OFFER FOR SALE OF GOODS OR SERVICES.
   9.  "TELEMARKETING"  MEANS  ANY  PLAN,  PROGRAM  OR  CAMPAIGN  THAT IS
 CONDUCTED TO INDUCE PAYMENT OR THE EXCHANGE OF ANY  OTHER  CONSIDERATION
 FOR  ANY GOODS OR SERVICES, THAT INVOLVES ONE OR MORE TELEPHONE CALLS OR
 ELECTRONIC MESSAGING TEXTS BY A TELEMARKETER IN WHICH  THE  CUSTOMER  IS
 LOCATED  WITHIN  THE  STATE AT THE TIME OF THE CALL.  TELEMARKETING ALSO
 INCLUDES THE ACCEPTANCE OR COLLECTION OF INFORMATION OBTAINED FROM TELE-
 PHONE CALLS OR ELECTRONIC MESSAGING TEXTS WITH THE INTENT  OF  PROVIDING
 IT TO A THIRD PARTY WHO ACCEPTS OR COLLECTS THE INFORMATION TO ENGAGE IN
 TELEMARKETING.  TELEMARKETING DOES NOT INCLUDE THE SOLICITATION OF SALES
 THROUGH MEDIA OTHER THAN BY TELEPHONE CALLS OR ELECTRONIC MESSAGING TEXT
 AND DOES NOT INCLUDE CALLS OR ELECTRONIC  MESSAGING  TEXTS  INTENDED  TO
 IMPLEMENT OR COMPLETE A TRANSACTION TO WHICH THE CUSTOMER HAS PREVIOUSLY
 CONSENTED.
   10.  "TELEMARKETING  SALES  CALL" MEANS A TELEPHONE CALL OR ELECTRONIC
 MESSAGING TEXT, MADE DIRECTLY OR INDIRECTLY BY A TELEMARKETER OR BY  ANY
 OUTBOUND  TELEPHONE  CALLING  TECHNOLOGY  THAT  DELIVERS  A  PRERECORDED
 MESSAGE TO A CUSTOMER OR TO A CUSTOMER'S VOICEMAIL OR ANSWERING  MACHINE
 SERVICE,  IN  WHICH  SUCH TELEPHONE CALL OR ELECTRONIC MESSAGING TEXT IS
 FOR THE PURPOSE OF INDUCING PAYMENT OR THE EXCHANGE OF ANY OTHER CONSID-
 ERATION FOR ANY GOODS OR SERVICES.
   11. "UNSOLICITED TELEMARKETING SALES  CALL"  MEANS  ANY  TELEMARKETING
 SALES CALL OTHER THAN A CALL MADE:
   A.  IN RESPONSE TO AN EXPRESS WRITTEN OR VERBAL REQUEST BY THE CUSTOM-
 ER; OR
   B. IN CONNECTION WITH AN ESTABLISHED BUSINESS RELATIONSHIP, WHICH  HAS
 NOT  BEEN TERMINATED BY EITHER PARTY, UNLESS SUCH CUSTOMER HAS STATED TO
 THE TELEMARKETER THAT SUCH CUSTOMER NO  LONGER  WISHES  TO  RECEIVE  THE
 TELEMARKETING SALES CALLS OF SUCH TELEMARKETER.
   12.  "CALLER IDENTIFICATION INFORMATION" MEANS INFORMATION PROVIDED BY
 A CALLER IDENTIFICATION SERVICE REGARDING THE TELEPHONE NUMBER AND  NAME
 OF THE PERSON CALLING.
   13.  "CALLER  IDENTIFICATION  SERVICE"  MEANS  A SERVICE THAT ALLOWS A
 TELEPHONE SUBSCRIBER TO HAVE THE TELEPHONE NUMBER, AND, WHERE AVAILABLE,
 NAME OF THE CALLING PARTY TRANSMITTED CONTEMPORANEOUSLY WITH  THE  TELE-
 PHONE  CALL,  AND  THAT  IS DISPLAYED ON A DEVICE IN OR CONNECTED TO THE
 SUBSCRIBER'S TELEPHONE.
   14. "ELECTRONIC MESSAGING TEXT"  MEANS  REAL-TIME  OR  NEAR  REAL-TIME
 NON-VOICE  MESSAGES  IN  TEXT  FORM  OVER  COMMUNICATIONS  NETWORKS, AND
 INCLUDES THE TRANSMISSION OF  WRITING,  SIGNS,  SIGNALS,  PICTURES,  AND
 SOUNDS  OF  ALL  KINDS  BY  AID  OF WIRE, CABLE OR OTHER LIKE CONNECTION
 BETWEEN THE POINTS OF ORIGIN AND RECEPTION OF SUCH TRANSMISSION.

 S. 7508                            70                            A. 9508
 
   15. "AREA CODE" MEANS THE FIRST THREE DIGITS OF  THE  TEN-DIGIT  TELE-
 PHONE NUMBER.
   16.  "ENTITY  SPECIFIC 'DO-NOT-CALL' LIST" MEANS THE LIST OF TELEPHONE
 NUMBERS PROVIDED DIRECTLY TO THE TELEMARKETER BY THE OWNERS OF THE TELE-
 PHONE NUMBERS FOR THE PURPOSE OF BEING REMOVED FROM ANY FUTURE  TELEMAR-
 KETING CALLS.
   17. "AUTOMATIC NUMBER IDENTIFICATION" MEANS ANY DATA MESSAGE, PROTOCOL
 OR  PART THEREOF WHICH COMMUNICATES THE TELEPHONE NUMBER TO BE DISPLAYED
 ON THE CALLER IDENTIFICATION OF THE TELEPHONE CALL RECIPIENT.  AUTOMATIC
 NUMBER  IDENTIFICATION  INCLUDES A CALLING PARTY NUMBER, INITIAL ADDRESS
 MESSAGE, AND CALLING LINE IDENTIFICATION.
   18. "NEW YORK STATE AUTOMATIC NUMBER IDENTIFICATION" MEANS  ANY  AUTO-
 MATIC  NUMBER  IDENTIFICATION  WITH AN AREA CODE DESIGNATED BY THE NORTH
 AMERICAN NUMBERING PLAN TO COVER LOCATIONS IN NEW YORK STATE.
   19. "NORTH AMERICAN NUMBERING PLAN" HAS THE MEANING ASCRIBED TO IT  BY
 FEDERAL  COMMUNICATIONS  COMMISSION  REGULATIONS,  DEFINED  IN 47 C.F.R.
 SECTION 52.5(D).
   20. "PUBLIC SWITCHED TELEPHONE NETWORK" MEANS ALL  TELEPHONES,  MOBILE
 TELEPHONES  AND  DEVICES  ASSIGNED PHONE NUMBERS FROM THE NORTH AMERICAN
 NUMBERING PLAN.
   21. "VOICE SERVICE" HAS THE MEANING  ASCRIBED  TO  SUCH  TERM  BY  THE
 FEDERAL TELEPHONE ROBOCALL ABUSE CRIMINAL ENFORCEMENT AND DETERRENCE ACT
 (TRACED)  (PUBLIC  LAW  NO.116-105),  OR ANY SUCCESSIVE FEDERAL LAW THAT
 AMENDS SUCH TERM.
   22. "VOICE SERVICE PROVIDER"  MEANS  ANY  PERSON  WHO  PROVIDES  VOICE
 SERVICES  TO  SUBSCRIBERS IN THE STATE UTILIZING ANY TECHNOLOGY, REGARD-
 LESS OF WHETHER SUCH  PROVIDER  IS  REGULATED  PURSUANT  TO  THE  PUBLIC
 SERVICE LAW.
   23. "AUTOMATIC TELEPHONE DIALING SYSTEM" MEANS EQUIPMENT, SOFTWARE, OR
 OTHER  TECHNOLOGY  USED TO MAKE PRE-RECORDED CALLS, EXCEPT FOR EQUIPMENT
 THAT REQUIRES A HUMAN TO DIAL OR PLACE EACH INDIVIDUAL CALL ONE CALL  AT
 A TIME AND REQUIRES SUCH HUMAN TO THEN REMAIN ON EACH CALL.
   24.  "AUTO-DIALED CALL" MEANS ANY TELEPHONE CALL INITIATED BY AN AUTO-
 MATIC TELEPHONE DIALING SYSTEM.
   25. "SHAKEN" MEANS SIGNATURE-BASED HANDLING  OF  ASSERTED  INFORMATION
 USING TOKENS.
   26. "STIR" MEANS SECURE TELEPHONE IDENTITY REVISITED.
   27.  "STIR/SHAKEN  AUTHENTICATION FRAMEWORK" MEANS THE DIGITAL CERTIF-
 ICATE SCHEME TO VERIFY AND AUTHENTICATE CALLER IDENTIFICATION FOR  CALLS
 CARRIED  OVER  AN  INTERNET  PROTOCOL (IP) NETWORK, BASED UPON STANDARDS
 DEVELOPED BY STAKEHOLDERS OF THE INFORMATION AND COMMUNICATIONS TECHNOL-
 OGY INDUSTRY, AS REFERENCED IN THE NOTICE  OF  INQUIRY  OF  THE  FEDERAL
 COMMUNICATIONS COMMISSION, 32 FCC RCD 5988.
   28. "POOLING ADMINISTRATOR" MEANS THE THOUSANDS-BLOCK POOLING ADMINIS-
 TRATOR AS IDENTIFIED IN 47 C.F.R. § 52.20.
   29.  "CONSUMER"  MEANS  A NATURAL PERSON WHO IS SOLICITED TO PURCHASE,
 LEASE OR RECEIVE A GOOD OR SERVICE FOR  PERSONAL,  FAMILY  OR  HOUSEHOLD
 USE.
   30.  "CONSUMER TELEPHONE CALL" MEANS A CALL MADE TO A TELEPHONE NUMBER
 BY A TELEPHONE SOLICITOR, WHETHER  BY  DEVICE,  LIVE  OPERATOR,  OR  ANY
 COMBINATION THEREOF, FOR THE PURPOSE OF SOLICITING A SALE OF ANY CONSUM-
 ER  GOODS  OR SERVICES FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES TO THE
 CONSUMER CALLED, OR FOR THE PURPOSE OF SOLICITING AN EXTENSION OF CREDIT
 FOR CONSUMER GOODS OR SERVICES  TO  THE  CONSUMER  CALLED,  OR  FOR  THE
 PURPOSE OF OBTAINING INFORMATION THAT WILL OR MAY BE USED FOR THE DIRECT
 SOLICITATION  OF  A  SALE  OF CONSUMER GOODS OR SERVICES TO THE CONSUMER

 S. 7508                            71                            A. 9508
 
 CALLED OR AN EXTENSION OF CREDIT FOR SUCH PURPOSES;  PROVIDED,  HOWEVER,
 THAT  "CONSUMER TELEPHONE CALL" SHALL NOT INCLUDE A CALL MADE BY A TELE-
 PHONE CORPORATION, AS DEFINED BY SUBDIVISION SEVENTEEN OF SECTION TWO OF
 THE PUBLIC SERVICE LAW, IN RESPONSE TO A SPECIFIC INQUIRY INITIATED BY A
 CONSUMER  REGARDING  THAT  CONSUMER'S  EXISTING  OR  REQUESTED TELEPHONE
 SERVICE.
   31. "TELEPHONE SOLICITOR" MEANS A PERSON WHO MAKES  OR  CAUSES  TO  BE
 MADE A CONSUMER TELEPHONE CALL.
   32.  "APPLICANT"  MEANS A PERSON SEEKING A CERTIFICATE OF REGISTRATION
 OR TO RENEW A CERTIFICATE OF REGISTRATION UNDER THIS SECTION.
   33. "INVESTMENT OPPORTUNITY" MEANS ANYTHING  TANGIBLE  OR  INTANGIBLE,
 THAT  IS  OFFERED  FOR  SALE, SOLD, OR TRADED BASED WHOLLY OR IN PART ON
 REPRESENTATIONS, EITHER EXPRESS OR  IMPLIED,  ABOUT  PAST,  PRESENT,  OR
 FUTURE INCOME, PROFIT, OR APPRECIATION.
   34.  "PREMIUM" MEANS ANYTHING OFFERED OR GIVEN, INDEPENDENT OF CHANCE,
 TO CUSTOMERS AS AN INCENTIVE TO PURCHASE OR OTHERWISE CONTRACT FOR GOODS
 OR SERVICES OFFERED THROUGH TELEMARKETING.
   35. "PRINCIPAL" MEANS ANY PERSON PARTICIPATING IN OR  RESPONSIBLE  FOR
 THE MANAGEMENT OF A TELEMARKETER'S BUSINESS, WHETHER OR NOT THE POSITION
 IS  COMPENSATED,  INCLUDING BUT NOT LIMITED TO AN OWNER IN THE CASE OF A
 SOLE PROPRIETORSHIP, AN OFFICER, DIRECTOR OR  STOCKHOLDER  HOLDING  MORE
 THAN  TEN PERCENT OF THE OUTSTANDING STOCK IN THE CASE OF A CORPORATION,
 A PARTNER IN THE CASE OF A PARTNERSHIP, AND A MANAGER OR MEMBER  IN  THE
 CASE OF A LIMITED LIABILITY COMPANY.
   36. "PRIZE" MEANS ANYTHING OFFERED OR PURPORTEDLY OFFERED AND GIVEN OR
 PURPORTEDLY  GIVEN  TO  A  PERSON  BY CHANCE. FOR PURPOSES OF THIS DEFI-
 NITION, CHANCE EXISTS IF A PERSON IS GUARANTEED TO RECEIVE AN ITEM  AND,
 AT  THE  TIME OF THE OFFER OR PURPORTED OFFER, THE TELEMARKETER DOES NOT
 IDENTIFY THE SPECIFIC ITEM THAT THE PERSON WILL RECEIVE.
   37. "PRIZE PROMOTION" MEANS A SWEEPSTAKES OR OTHER GAME OF  CHANCE  OR
 AN  ORAL OR WRITTEN, EXPRESS OR IMPLIED REPRESENTATION THAT A PERSON HAS
 WON, HAS BEEN SELECTED TO RECEIVE OR IS ELIGIBLE OR MAY BE  ELIGIBLE  TO
 RECEIVE A PRIZE OR PURPORTED PRIZE.
   §  902.  TELEMARKETING  SALES CALLS MANDATES, PROHIBITIONS, AND DO NOT
 CALL REGISTRY. 1. NO TELEMARKETER OR SELLER SHALL ENGAGE IN  TELEMARKET-
 ING  AT  ANY  TIME  OTHER  THAN  BETWEEN  8:00 A.M. AND 9:00 P.M. AT THE
 LOCATION OF THE CUSTOMER UNLESS  THE  CUSTOMER  HAS  GIVEN  HIS  OR  HER
 EXPRESS  CONSENT  TO  THE  CALL AT A DIFFERENT TIME. TELEMARKETERS SHALL
 PROVIDE, IN A CLEAR AND COHERENT MANNER  USING  WORDS  WITH  COMMON  AND
 EVERYDAY MEANINGS, AT THE BEGINNING OF EACH TELEMARKETING SALES CALL ALL
 OF THE FOLLOWING INFORMATION:
   A.  THE  TELEMARKETER'S NAME AND THE PERSON ON WHOSE BEHALF THE SOLIC-
 ITATION IS BEING MADE, IF OTHER THAN THE TELEMARKETER;
   B. THE PURPOSE OF THE TELEPHONE CALL;
   C. THE IDENTITY OF THE GOODS OR SERVICES  FOR  WHICH  A  FEE  WILL  BE
 CHARGED; AND
   D. WHETHER THE CALL IS BEING RECORDED.
   2.  IT  SHALL  BE UNLAWFUL FOR ANY TELEMARKETER OR SELLER TO KNOWINGLY
 CAUSE ANY VOICE SERVICE PROVIDING CALLER IDENTIFICATION SERVICE TO TRAN-
 SMIT MISLEADING, INACCURATE, OR FALSE CALLER IDENTIFICATION INFORMATION,
 PROVIDED THAT IT SHALL NOT BE A VIOLATION TO SUBSTITUTE  (FOR  THE  NAME
 AND  PHONE  NUMBER  USED IN, OR BILLED FOR, MAKING THE CALL) THE NAME OR
 TELEPHONE NUMBER OF THE PERSON OR SELLER ON BEHALF OF WHICH  A  TELEMAR-
 KETING CALL IS PLACED.
   3.  PRIOR  TO THE PURCHASE OF ANY GOOD OR SERVICE, TELEMARKETERS SHALL
 DISCLOSE TO THE CUSTOMER THE COST OF THE GOODS OR SERVICES THAT ARE  THE

 S. 7508                            72                            A. 9508
 
 SUBJECT OF THE CALL AND IF THE OFFER INCLUDES A NEGATIVE OPTION FEATURE,
 ALL  MATERIAL  TERMS  AND  CONDITIONS  OF  THE  NEGATIVE OPTION FEATURE,
 INCLUDING, BUT NOT LIMITED TO THE FACT THAT THE CUSTOMER'S ACCOUNT  WILL
 BE  CHARGED UNLESS THE CUSTOMER TAKES AN AFFIRMATIVE ACTION TO AVOID THE
 CHARGES, THE DATES THE CHARGES WILL BE SUBMITTED FOR  PAYMENT,  AND  THE
 SPECIFIC STEPS THE CUSTOMER MUST TAKE TO AVOID THE CHARGE.
   4.  A. THE DEPARTMENT IS AUTHORIZED TO ESTABLISH, MANAGE, AND MAINTAIN
 A NO TELEMARKETING SALES CALLS STATEWIDE REGISTRY WHICH SHALL CONTAIN  A
 LIST  OF  CUSTOMERS WHO DO NOT WISH TO RECEIVE UNSOLICITED TELEMARKETING
 SALES CALLS. THE DEPARTMENT MAY CONTRACT WITH A PRIVATE VENDOR TO ESTAB-
 LISH, MANAGE AND MAINTAIN SUCH REGISTRY, PROVIDED THE PRIVATE VENDOR HAS
 MAINTAINED NATIONAL NO TELEMARKETING SALES  CALLS  REGISTRIES  FOR  MORE
 THAN  TWO  YEARS, AND THE CONTRACT REQUIRES THE VENDOR TO PROVIDE THE NO
 TELEMARKETING SALES CALLS REGISTRY IN A PRINTED HARD COPY FORMAT AND  IN
 ANY OTHER FORMAT AS PRESCRIBED BY THE DEPARTMENT.
   B.  THE  DEPARTMENT  IS  AUTHORIZED  TO  HAVE THE NATIONAL DO NOT CALL
 REGISTRY ESTABLISHED,  MANAGED  AND  MAINTAINED  BY  THE  FEDERAL  TRADE
 COMMISSION  PURSUANT  TO  15  U.S.C.  6151,  AND REFERENCED BY 16 C.F.R.
 SECTION 310.4 (B)(1)(III)(B), TO SERVE AS THE NEW YORK STATE NO TELEMAR-
 KETING SALES CALLS STATEWIDE REGISTRY PROVIDED FOR BY THIS SECTION.  THE
 DEPARTMENT IS FURTHER AUTHORIZED TO TAKE WHATEVER ADMINISTRATIVE ACTIONS
 MAY  BE  NECESSARY OR APPROPRIATE FOR SUCH TRANSITION INCLUDING, BUT NOT
 LIMITED TO, PROVIDING THE TELEPHONE NUMBERS OF NEW YORK CUSTOMERS REGIS-
 TERED ON THE NO TELEMARKETING SALES  CALLS  STATEWIDE  REGISTRY  TO  THE
 FEDERAL  TRADE  COMMISSION,  FOR  INCLUSION ON THE NATIONAL  DO NOT CALL
 REGISTRY.
   5. NO TELEMARKETER OR SELLER MAY MAKE OR CAUSE TO BE MADE ANY UNSOLIC-
 ITED TELEMARKETING SALES CALL TO ANY CUSTOMER WHEN THAT CUSTOMER'S TELE-
 PHONE NUMBER HAS BEEN ON THE NATIONAL  DO NOT CALL REGISTRY, ESTABLISHED
 BY THE FEDERAL TRADE COMMISSION, FOR A PERIOD OF THIRTY-ONE  DAYS  PRIOR
 TO   THE   DATE  THE  CALL  IS  MADE,  PURSUANT  TO  16  C.F.R.  SECTION
 310.4(B)(1)(III)(B).
   6. IT SHALL BE UNLAWFUL FOR ANY TELEMARKETER DOING  BUSINESS  IN  THIS
 STATE TO MAKE AN UNSOLICITED TELEMARKETING SALES CALL TO ANY PERSON IN A
 COUNTY,  CITY, TOWN OR VILLAGE KNOWINGLY UNDER A DECLARED STATE OF EMER-
 GENCY OR DISASTER EMERGENCY AS DESCRIBED IN SECTION TWENTY-FOUR OR TWEN-
 TY-EIGHT OF THE EXECUTIVE LAW.
   7. NO TELEMARKETER OR SELLER SHALL INITIATE  ANY  TELEMARKETING  SALES
 CALL  BY  MEANS  OF  A  TECHNOLOGY THAT DELIVERS A PRE-RECORDED MESSAGE,
 UNLESS THE TELEMARKETER OR SELLER HAS  OBTAINED  FROM  THE  CUSTOMER  AN
 EXPRESS  AGREEMENT,  IN  WRITING.  NO SUCH AGREEMENT SHALL AUTHORIZE ANY
 TELEMARKETING SALES CALLS MORE THAN THIRTY DAYS AFTER EXECUTION  OF  THE
 AGREEMENT, AND THE AGREEMENT MUST PROVIDE THAT:
   A. THE TELEMARKETER OR SELLER OBTAINED ONLY AFTER A CLEAR AND CONSPIC-
 UOUS  DISCLOSURE,  USING PLAIN LANGUAGE AND PRINTED IN TYPE NO LESS THAN
 TWELVE-POINT TYPE, THAT THE PURPOSE OF THE AGREEMENT IS TO AUTHORIZE THE
 SELLER TO MAKE TELEMARKETING SALES CALLS TO SUCH CUSTOMER;
   B. THE TELEMARKETER OR SELLER OBTAINED WITHOUT REQUIRING, DIRECTLY  OR
 INDIRECTLY,  THAT THE AGREEMENT BE EXECUTED AS A CONDITION OF PURCHASING
 ANY GOOD OR SERVICE;
   C. EVIDENCES THE WILLINGNESS OF THE CUSTOMER TO RECEIVE  TELEMARKETING
 SALES CALLS BY OR MADE ON BEHALF OF A SPECIFIC SELLER;
   D. INCLUDES SUCH CUSTOMER'S TELEPHONE NUMBER AND SIGNATURE;
   E. IS DISPLAYED BEFORE ANY MECHANISM OFFERED TO THE CUSTOMER TO VERIFY
 OR ACKNOWLEDGE CONSENT; AND
   F. CONTAINS THE FOLLOWING LANGUAGE:

 S. 7508                            73                            A. 9508
 
   (I)  "THIS EXPRESS AGREEMENT APPLIES ONLY BETWEEN THE CUSTOMER AND THE
 SPECIFIC ENTITY OFFERING THE AGREEMENT, AND ANY NAMED PARTNER OR  AFFIL-
 IATE ENTITY."
   (II)  "BY  CLICKING OR OTHERWISE ACKNOWLEDGING AGREEMENT, I UNDERSTAND
 THAT I CONSENT TO AND MAY RECEIVE TELEMARKETING SALES CALLS  EVEN  IF  I
 HAVE  PREVIOUSLY ENTERED MY NUMBER ON THE NATIONAL DO NOT CALL  REGISTRY
 MAINTAINED BY THE FEDERAL TRADE COMMISSION."
   8. NO TELEMARKETER OR SELLER MAY INITIATE ANY TELEPHONE CALL USING  AN
 AUTOMATIC  TELEPHONE  DIALING  SYSTEM  OR  AN ARTIFICIAL OR PRE-RECORDED
 VOICE, WITHOUT PRIOR EXPRESS AND  VERIFIABLE  CONSENT  FROM  THE  PERSON
 RECEIVING THE CALL.
   9. IN THE CASE OF ANY TELEMARKETING SALES CALL DELIVERED BY MEANS OF A
 TECHNOLOGY  THAT  DELIVERS A PRE-RECORDED MESSAGE THAT COULD BE RECEIVED
 BY A CUSTOMER WHO CAN USE AN AUTOMATED INTERACTIVE VOICE AND/OR KEYPRESS
 ACTIVATED OPT-OUT MECHANISM TO ASSERT A DO NOT CALL REQUEST,  SUCH  CALL
 SHALL  INCLUDE A MECHANISM THAT ALLOWS THE CUSTOMER TO AUTOMATICALLY ADD
 THE NUMBER CALLED TO THE SELLER'S ENTITY SPECIFIC DO NOT CALL LIST,  AND
 WHICH MECHANISM, ONCE INVOKED, IMMEDIATELY ENDS THE CALL.
   10.  IN THE CASE OF ANY TELEMARKETING SALES CALL DELIVERED BY MEANS OF
 A TECHNOLOGY THAT DELIVERS A PRE-RECORDED MESSAGE THAT COULD BE ANSWERED
 BY AN ANSWERING MACHINE OR VOICEMAIL SERVICE, THAT THE  CALL  INCLUDE  A
 TOLL-FREE NUMBER THAT MUST CONNECT THE CUSTOMER DIRECTLY TO AN AUTOMATED
 INTERACTIVE  VOICE  OR  KEYPRESS ACTIVATED OPT-OUT MECHANISM THAT ALLOWS
 THE CONSUMER TO AUTOMATICALLY ADD THE  NUMBER  CALLED  TO  THE  SELLER'S
 ENTITY  SPECIFIC  DO  NOT  CALL LIST, AND WHICH MECHANISM, ONCE INVOKED,
 IMMEDIATELY ENDS THE CALL.
   11. IN THE CASE OF ANY TELEMARKETING SALES  CALL  MADE  BY  A  NATURAL
 PERSON,  THE TELEMARKETER OR SELLER SHALL INFORM THE CUSTOMER THAT HE OR
 SHE MAY REQUEST THAT HIS OR HER TELEPHONE NUMBER BE ADDED TO  THE  SELL-
 ER'S  ENTITY  SPECIFIC  DO NOT CALL LIST. IF THE CUSTOMER OPTS TO DO SO,
 THE TELEMARKETER OR SELLER SHALL IMMEDIATELY END THE CALL AND SHALL  ADD
 THE NUMBER CALLED TO SUCH LIST OR CAUSE THE NUMBER CALLED TO BE ADDED TO
 SUCH LIST.
   12. NO TELEMARKETER OR SELLER SHALL TRANSMIT, SHARE, OR OTHERWISE MAKE
 AVAILABLE  ANY CUSTOMER'S CONTACT INFORMATION, INCLUDING NAME, TELEPHONE
 NUMBER, OR EMAIL ADDRESS, WHICH HAS BEEN PROVIDED TO  SUCH  TELEMARKETER
 OR  SELLER BY SUCH CUSTOMER, TO ANY PERSON, CORPORATION, OR OTHER ENTITY
 WITHOUT THE EXPRESS AGREEMENT OF THE CONSUMER IN WRITING OR IN ELECTRON-
 IC FORMAT, UNLESS OTHERWISE REQUIRED BY LAW, OR  PURSUANT  TO  A  LAWFUL
 SUBPOENA OR COURT ORDER. NO SUCH AGREEMENT SHALL AUTHORIZE A TELEMARKET-
 ER  OR  SELLER  TO  TRANSMIT,  SHARE,  OR  OTHERWISE MAKE AVAILABLE SUCH
 CONSUMER'S CONTACT INFORMATION FOR MORE THAN THIRTY DAYS AFTER EXECUTION
 OF SUCH AGREEMENT.
   13. TELEMARKETERS AND SELLERS SHALL KEEP FOR A PERIOD  OF  TWENTY-FOUR
 MONTHS FROM THE DATE THE RECORD IS CREATED RECORDS RELATING TO ITS TELE-
 MARKETING ACTIVITIES.
   14.  A. THE DEPARTMENT SHALL PROVIDE NOTICE TO CUSTOMERS OF THE ESTAB-
 LISHMENT OF THE NATIONAL DO NOT CALL REGISTRY. ANY CUSTOMER  WHO  WISHES
 TO  BE  INCLUDED ON SUCH REGISTRY SHALL NOTIFY THE FEDERAL TRADE COMMIS-
 SION AS DIRECTED BY RELEVANT FEDERAL REGULATIONS.
   B. ANY COMPANY THAT PROVIDES LOCAL TELEPHONE DIRECTORIES TO  CUSTOMERS
 IN  THIS  STATE  SHALL  INFORM  ITS  CUSTOMERS OF THE PROVISIONS OF THIS
 SECTION BY MEANS OF PUBLISHING A NOTICE IN SUCH LOCAL TELEPHONE DIRECTO-
 RIES AND ON ANY WEBSITE AND SOCIAL MEDIA PAGE OWNED, OPERATED OR  OTHER-
 WISE AUTHORIZED BY SUCH COMPANY.

 S. 7508                            74                            A. 9508
 
   15.  WHEN THE DEPARTMENT HAS REASON TO BELIEVE A PERSON HAS ENGAGED IN
 REPEATED UNLAWFUL ACTS IN VIOLATION OF THIS SECTION, OR WHEN A NOTICE OF
 HEARING HAS BEEN ISSUED PURSUANT TO SUBDIVISION SIXTEEN OF THIS SECTION,
 THE DEPARTMENT MAY REQUEST IN WRITING THE PRODUCTION OF  RELEVANT  DOCU-
 MENTS  AND RECORDS AS PART OF ITS INVESTIGATION. IF THE PERSON UPON WHOM
 SUCH REQUEST WAS MADE FAILS TO PRODUCE THE DOCUMENTS OR  RECORDS  WITHIN
 FOURTEEN  DAYS  AFTER  THE DATE OF THE REQUEST, THE DEPARTMENT MAY ISSUE
 AND SERVE SUBPOENAS TO COMPEL  THE  PRODUCTION  OF  SUCH  DOCUMENTS  AND
 RECORDS.  IF  ANY  PERSON  SHALL REFUSE TO COMPLY WITH A SUBPOENA ISSUED
 UNDER THIS SECTION, THE DEPARTMENT MAY PETITION  A  COURT  OF  COMPETENT
 JURISDICTION TO ENFORCE THE SUBPOENA, AND TO REQUEST A CIVIL PENALTY NOT
 TO  EXCEED  ONE  THOUSAND  DOLLARS  PER DAY, ACTUAL DAMAGES SUSTAINED BY
 REASON OF THE FAILURE TO COMPLY AND SUCH  SANCTIONS  AS  THE  COURT  MAY
 DIRECT.
   16.  A. WHERE IT IS DETERMINED AFTER AN OPPORTUNITY FOR A HEARING THAT
 ANY PERSON HAS VIOLATED ONE OR MORE  PROVISIONS  OF  THIS  SECTION,  THE
 SECRETARY,  OR  ANY PERSON DEPUTIZED OR SO DESIGNATED BY HIM OR HER, MAY
 ASSESS A FINE  NOT  TO  EXCEED  TWENTY-TWO  THOUSAND  DOLLARS  FOR  EACH
 VIOLATION.
   B.  ANY  PROCEEDING CONDUCTED PURSUANT TO PARAGRAPH A OF THIS SUBDIVI-
 SION SHALL BE SUBJECT TO THE STATE ADMINISTRATIVE PROCEDURE ACT.
   C. NOTHING IN THIS SUBDIVISION SHALL  BE  CONSTRUED  TO  RESTRICT  ANY
 RIGHT  WHICH  ANY  PERSON  MAY HAVE UNDER ANY OTHER STATUTE OR AT COMMON
 LAW.
   17. THE DEPARTMENT SHALL PRESCRIBE RULES AND REGULATIONS TO ADMINISTER
 THIS SECTION.
   18. IF ANY CLAUSE, SENTENCE, PARAGRAPH OR PART OF THIS  SECTION  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, PARA-
 GRAPH OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH
 JUDGMENT SHALL HAVE BEEN RENDERED.
   § 903. TELEPHONE CALL AUTHENTICATION  FRAMEWORK.  1.  NOT  LATER  THAN
 JANUARY FIRST, TWO THOUSAND TWENTY-ONE:
   A.  A VOICE SERVICE PROVIDER SHALL IMPLEMENT THE STIR/SHAKEN AUTHENTI-
 CATION FRAMEWORK, OR ALTERNATIVE TECHNOLOGY THAT PROVIDES COMPATIBLE  OR
 SUPERIOR  CAPABILITY,  TO  VERIFY AND AUTHENTICATE CALLER IDENTIFICATION
 INFORMATION IN THE  INTERNET  PROTOCOL  NETWORKS  OF  TELEPHONE  DIALING
 SERVICE PROVIDERS.
   B.  A  VOICE SERVICE PROVIDER SHALL TAKE REASONABLE MEASURES TO IMPLE-
 MENT AN EFFECTIVE CALL AUTHENTICATION FRAMEWORK, OR ALTERNATIVE TECHNOL-
 OGY THAT PROVIDES COMPATIBLE  OR  SUPERIOR  CAPABILITY,  TO  VERIFY  AND
 AUTHENTICATE  CALLER  IDENTIFICATION  INFORMATION  IN  THE  NON-INTERNET
 PROTOCOL NETWORKS OF THE VOICE SERVICE PROVIDER.
   2.  STIR/SHAKEN  CERTIFICATE  AUTHORITIES  PROVIDING  CREDENTIALS   TO
 COMMERCIAL,  GOVERNMENT  AND NOT-FOR-PROFIT ORGANIZATIONS USING NEW YORK
 STATE AUTOMATIC NUMBER IDENTIFICATIONS SHALL BE RESPONSIBLE FOR INVESTI-
 GATING AND VETTING THE ENTITIES THEY  CERTIFY,  AND  SHALL  PROVIDE  THE
 DEPARTMENT  ANNUALLY  WITH  ALL INFORMATION REQUIRED UNDER THIS SUBDIVI-
 SION. REQUIRED DUE  DILIGENCE  IN  SELECTING  AND  MANAGING  CERTIFICATE
 RECIPIENTS SHALL INCLUDE A MINIMUM OF THE FOLLOWING:
   A. BACKGROUND CHECKS WHICH ESTABLISH THAT THE ENTITY, ITS OFFICERS AND
 PERSONS  RESPONSIBLE  FOR  AUTHORIZING OFFICIAL ACTS OF SUCH ENTITY HAVE
 NEVER BEEN CONVICTED OF FRAUDS, FELONIES OR OTHER  SERIOUS  OR  RELEVANT
 OFFENSES.

 S. 7508                            75                            A. 9508
 
   B.  ESTABLISHMENT  OF  ONE  OR  MORE PHYSICAL ADDRESS LOCATIONS IN THE
 UNITED STATES. ALL SUCH INFORMATION SHALL BE CONFIRMED AND UPDATED ANNU-
 ALLY.
   C.  ANY  PERSON  ACTING  AS  A  CERTIFICATE  AUTHORITY SHALL PROVIDE A
 PERSONAL ASSURANCE THAT THE CERTIFICATES WILL BE GRANTED IN A  REPUTABLE
 AND  LAWFUL MANNER, AND ANY SUCH PERSON SHALL BE RESPONSIBLE JOINTLY AND
 SEVERALLY FOR PENALTIES RELATED TO FRAUD OR WILLFUL VIOLATIONS.
   3. WHERE THE FEDERAL COMMUNICATIONS COMMISSION HAS GRANTED A DELAY  OF
 REQUIRED  COMPLIANCE  FOR  ANY  PROVIDER  OR CLASS OF PROVIDERS OF VOICE
 SERVICE OR TYPE OF VOICE CALLS, COMPLIANCE UNDER PARAGRAPH B OF SUBDIVI-
 SION ONE OF THIS SECTION MAY BE DELAYED, BUT ONLY  TO  THE  EXTENT  THAT
 SUCH  A PROVIDER OR CLASS OF PROVIDERS OF VOICE SERVICE OR TYPE OF VOICE
 CALLS, MATERIALLY RELIES ON A  NON-INTERNET  PROTOCOL  NETWORK  FOR  THE
 PROVISION OF SUCH SERVICE OR CALLS, UNTIL A CALL AUTHENTICATION PROTOCOL
 HAS  BEEN  DEVELOPED  FOR  CALLS  DELIVERED  OVER  NON-INTERNET PROTOCOL
 NETWORKS AND IS REASONABLY AVAILABLE.
   4. ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-ONE, AND THEREAFTER
 AT LEAST ONCE EVERY THREE  YEARS,  ALL  VOICE  SERVICE  PROVIDERS  SHALL
 REVIEW  THE BEST AVAILABLE TECHNOLOGY TO AUTHENTICATE CALLER IDENTIFICA-
 TION INFORMATION AND DEPLOY ANY SUCH TECHNOLOGY WHICH MAY BETTER  ACCOM-
 PLISH  THE  PURPOSE OF THIS SECTION. ANY SUCH UPGRADES SHALL BE DEPLOYED
 TO ALL SUBSCRIBERS AS SOON AS FEASIBLE AND AT NO ADDITIONAL SURCHARGE OR
 FEE TO SUCH SUBSCRIBERS.
   5. DEPLOYMENT OF ANY CALL AUTHENTICATION TECHNOLOGY SHALL RESULT IN NO
 ADDITIONAL SURCHARGE OR FEE TO THE SUBSCRIBER.
   6. BY JULY THIRTY-FIRST OF THE YEAR FOLLOWING THE  EFFECTIVE  DATE  OF
 THIS  SECTION,  AND  ANNUALLY  THEREAFTER,  EVERY VOICE SERVICE PROVIDER
 SHALL FILE WITH BOTH THE DEPARTMENT, AND THE  SECRETARY  TO  THE  PUBLIC
 SERVICE  COMMISSION, A REPORT SETTING FORTH ITS DEPLOYMENT AND REVIEW OF
 THE BEST AVAILABLE  CALL  AUTHENTICATION  TECHNOLOGY  REQUIRED  BY  THIS
 SECTION, AS WELL AS ANY AVAILABLE UPGRADES THERETO AND DEPLOYMENT THERE-
 OF  TO  PERSONS  OR  ENTITIES, AS WELL AS ANY OTHER INFORMATION THAT THE
 DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF PUBLIC  SERVICE,  MAY
 REQUIRE. SUCH REPORT SHALL INCLUDE:
   A.  AN  ANALYSIS  OF  THE EXTENT TO WHICH VOICE SERVICE PROVIDERS HAVE
 IMPLEMENTED  THE  CALL  AUTHENTICATION  FRAMEWORKS  DESCRIBED  IN   THIS
 SECTION,  INCLUDING  WHETHER THE AVAILABILITY OF NECESSARY EQUIPMENT AND
 EQUIPMENT UPGRADES HAS IMPACTED SUCH IMPLEMENTATION;
   B. AN ASSESSMENT OF THE EFFICACY OF THE CALL AUTHENTICATION FRAMEWORKS
 DESCRIBED IN PARAGRAPH B OF SUBDIVISION ONE OF THIS SECTION, IN ADDRESS-
 ING ALL ASPECTS OF CALL AUTHENTICATION; AND
   C. A SWORN STATEMENT BY A PRINCIPAL OR OFFICER OF  THE  VOICE  SERVICE
 PROVIDER THAT THE INFORMATION PROVIDED IS CURRENT AND ACCURATE.
   7.  ANY  VOICE  SERVICE  PROVIDER  THAT KNOWINGLY FAILS OR NEGLECTS TO
 COMPLY WITH THIS SECTION, OR A RULE OR  REGULATION  ADOPTED  THEREUNDER,
 SHALL FORFEIT TO THE PEOPLE OF THE STATE OF NEW YORK A SUM NOT LESS THAN
 TEN  THOUSAND  DOLLARS  AND  NO  MORE  THAN ONE HUNDRED THOUSAND DOLLARS
 CONSTITUTING A CIVIL PENALTY FOR EACH AND EVERY OFFENSE AND, IN THE CASE
 OF A CONTINUING VIOLATION, EACH DAY  SHALL  BE  DEEMED  A  SEPARATE  AND
 DISTINCT OFFENSE.
   8. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY BE MADE BY EITHER A.  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE
 OF  THE STATE OF NEW YORK, OR B. IN THE CASE OF A VOICE SERVICE PROVIDER
 SUBJECT TO THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION, TO A COURT
 OR JUSTICE HAVING JURISDICTION, TO ISSUE AN INJUNCTION, AND UPON  NOTICE
 TO  THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE

 S. 7508                            76                            A. 9508
 
 CONTINUANCE OF SUCH VIOLATIONS, AND FOR THE ENFORCEMENT OF THE PENALTIES
 PROVIDED IN THIS SECTION.
   9. WHEN THE DEPARTMENT HAS REASON TO BELIEVE A PERSON OR VOICE SERVICE
 PROVIDER  HAS VIOLATED ANY PROVISION OF THIS SECTION, THE DEPARTMENT MAY
 REQUEST IN WRITING THE PRODUCTION OF RELEVANT DOCUMENTS AND RECORDS.  IF
 THE  PERSON  UPON  WHOM SUCH REQUEST WAS MADE FAILS TO PRODUCE THE DOCU-
 MENTS OR RECORDS WITHIN FOURTEEN DAYS AFTER THE DATE OF THE REQUEST, THE
 DEPARTMENT MAY ISSUE AND SERVE SUBPOENAS TO  COMPEL  THE  PRODUCTION  OF
 SUCH  DOCUMENTS AND RECORDS. IF ANY PERSON SHALL REFUSE TO COMPLY WITH A
 SUBPOENA ISSUED UNDER THIS SECTION, THE DEPARTMENT MAY PETITION A  COURT
 OF  COMPETENT  JURISDICTION TO ENFORCE THE SUBPOENA AND, NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW, TO REQUEST A CIVIL PENALTY NOT TO EXCEED ONE
 THOUSAND DOLLARS PER DAY, ACTUAL DAMAGES  SUSTAINED  BY  REASON  OF  THE
 FAILURE TO COMPLY, AND SUCH SANCTIONS AS THE COURT MAY DIRECT.
   10.  THE  PUBLIC  SERVICE COMMISSION AND THE DEPARTMENT MAY PROMULGATE
 ANY  RULES  OR  REGULATIONS  NECESSARY  TO  IMPLEMENT  AND  ENFORCE  THE
 PROVISIONS OF THIS SECTION.
   §  904.  TELEPHONE  CALL  BLOCKING.  1.  CONSISTENT WITH AUTHORIZATION
 PROVIDED BY FEDERAL LAW AND RULES OR  ORDERS  OF  THE  FEDERAL  COMMUNI-
 CATIONS COMMISSION OR ITS SUCCESSORS:
   A. VOICE SERVICE PROVIDERS SHALL OFFER SERVICES TO SUBSCRIBERS CAPABLE
 OF  BLOCKING  CALLS  MADE  FROM AN AUTOMATIC TELEPHONE DIALING SYSTEM OR
 USING AN ARTIFICIAL OR  PRE-RECORDED  VOICE  TO  A  TELEPHONE  OR  OTHER
 DEVICE,  ON AN OPT-OUT BASIS. VOICE SERVICE PROVIDERS SHALL, IN A MANNER
 THAT IS CLEAR FOR A  SUBSCRIBER  TO  UNDERSTAND:  (I)  OFFER  SUFFICIENT
 INFORMATION  TO  SUBSCRIBERS  SO  THAT  SUBSCRIBERS CAN MAKE AN INFORMED
 CHOICE AS TO WHETHER THEY WISH TO OPT-OUT  OF  SUCH  SERVICE;  AND  (II)
 CLEARLY  DISCLOSE  TO SUBSCRIBERS WHAT TYPES OF CALLS MAY BE BLOCKED AND
 THE RISKS OF BLOCKING WANTED CALLS.
   B. VOICE SERVICE PROVIDERS SHALL BLOCK A CALL MADE TO A  TELEPHONE  OR
 OTHER  DEVICE  WHEN  THE  SUBSCRIBER  TO WHICH THE ORIGINATING NUMBER IS
 ASSIGNED HAS REQUESTED THAT CALLS  PURPORTING  TO  ORIGINATE  FROM  THAT
 NUMBER BE BLOCKED BECAUSE THE NUMBER IS USED FOR INBOUND CALLS ONLY.
   C.  VOICE  SERVICE  PROVIDERS SHALL BLOCK CALLS MADE TO A TELEPHONE OR
 OTHER DEVICE ORIGINATING FROM THE FOLLOWING NUMBERS:
   (I) A NUMBER THAT IS NOT A VALID NORTH AMERICAN NUMBERING PLAN NUMBER;
   (II) A VALID NORTH AMERICAN NUMBERING PLAN NUMBER THAT  IS  NOT  ALLO-
 CATED  TO  A PROVIDER BY THE NORTH AMERICAN NUMBERING PLAN ADMINISTRATOR
 OR THE POOLING ADMINISTRATOR; AND
   (III) A VALID NORTH AMERICAN NUMBERING PLAN NUMBER THAT  IS  ALLOCATED
 TO A PROVIDER BY THE NORTH AMERICAN NUMBER PLAN ADMINISTRATOR OR POOLING
 ADMINISTRATOR, BUT IS UNUSED, SO LONG AS THE PROVIDER BLOCKING THE CALLS
 IS THE ALLOCATEE OF THE NUMBER AND CONFIRMS THAT THE NUMBER IS UNUSED OR
 HAS  OBTAINED  VERIFICATION FROM THE ALLOCATEE THAT THE NUMBER IS UNUSED
 AT THE TIME OF THE BLOCKING. AN UNUSED NUMBER IS A NUMBER  THAT  IS  NOT
 ASSIGNED TO A SUBSCRIBER OR OTHERWISE SET ASIDE FOR OUTBOUND CALL USE.
   D.  VOICE  SERVICE  PROVIDERS SHALL NOT BLOCK ANY CALL MADE TO A TELE-
 PHONE OR OTHER DEVICE IF (I)  THE  CALL  IS  MADE  FOR  EMERGENCY  ALERT
 PURPOSES,  OR  (II) IT IS A CALL FROM A LAW ENFORCEMENT OR PUBLIC SAFETY
 ENTITY.
   E. PROVIDERS OF TELEPHONE DIALING SERVICE SHALL NOT BLOCK A VOICE CALL
 TO A SUBSCRIBER WHO HAS REQUESTED THAT NO INBOUND CALLS BE BLOCKED.
   2. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE  BLOCKING  OF
 INTERNATIONAL  TELEPHONE CALLS FROM PURPORTED NON-NORTH AMERICAN NUMBER-
 ING PLAN NUMBERS.

 S. 7508                            77                            A. 9508
 
   3. DEPLOYMENT OF ANY CALL BLOCKING SERVICES SHALL RESULT IN  NO  ADDI-
 TIONAL SURCHARGE OR FEE TO THE SUBSCRIBER.
   4.  ON  OR  BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-ONE, AND PERIOD-
 ICALLY THEREAFTER, ALL VOICE SERVICE PROVIDERS  SHALL  REVIEW  THE  BEST
 AVAILABLE  CALL BLOCKING TECHNOLOGY AND DEPLOY ANY SUCH TECHNOLOGY WHICH
 MAY BETTER ACCOMPLISH THE PURPOSE OF THIS  SECTION.  ANY  SUCH  UPGRADES
 SHALL BE DEPLOYED TO ALL SUBSCRIBERS AS SOON AS FEASIBLE AND AT NO ADDI-
 TIONAL SURCHARGE OR FEE TO SUCH SUBSCRIBERS.
   5.  BY  JULY  THIRTY-FIRST OF THE YEAR FOLLOWING THE EFFECTIVE DATE OF
 THIS SECTION, AND ANNUALLY  THEREAFTER,  EVERY  VOICE  SERVICE  PROVIDER
 SHALL  FILE  WITH  BOTH  THE DEPARTMENT, AND THE SECRETARY TO THE PUBLIC
 SERVICE COMMISSION, A REPORT SETTING FORTH ITS DEPLOYMENT AND REVIEW  OF
 THE BEST AVAILABLE CALL BLOCKING TECHNOLOGY REQUIRED BY THIS SECTION, AS
 WELL AS ANY AVAILABLE UPGRADES THERETO AND DEPLOYMENT THEREOF TO PERSONS
 OR  ENTITIES,  AS  WELL AS ANY OTHER INFORMATION THAT THE DEPARTMENT, IN
 CONSULTATION WITH THE DEPARTMENT OF PUBLIC  SERVICE,  MAY  REQUIRE.  THE
 REPORT  SHALL INCLUDE A SWORN STATEMENT BY A PRINCIPAL OR OFFICER OF THE
 VOICE SERVICE PROVIDER THAT THE  INFORMATION  PROVIDED  IS  CURRENT  AND
 ACCURATE.
   6.  ANY  VOICE  SERVICE  PROVIDER  THAT KNOWINGLY FAILS OR NEGLECTS TO
 COMPLY WITH THIS SECTION, OR A RULE OR  REGULATION  ADOPTED  THEREUNDER,
 SHALL FORFEIT TO THE PEOPLE OF THE STATE OF NEW YORK A SUM NOT LESS THAN
 TEN  THOUSAND  DOLLARS  AND  NO  MORE  THAN ONE HUNDRED THOUSAND DOLLARS
 CONSTITUTING A CIVIL PENALTY FOR EACH AND EVERY OFFENSE AND, IN THE CASE
 OF A CONTINUING VIOLATION, EACH DAY  SHALL  BE  DEEMED  A  SEPARATE  AND
 DISTINCT OFFENSE.
   7. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY  BE MADE BY EITHER A. THE ATTORNEY-GENERAL IN THE NAME OF THE PEOPLE
 OF THE STATE OF NEW YORK, OR B. IN THE CASE OF  VOICE  SERVICE  PROVIDER
 SUBJECT  TO  THE  JURISDICTION  OF  THE  PUBLIC  SERVICE LAW, THE PUBLIC
 SERVICE COMMISSION, TO A COURT OR JUSTICE HAVING JURISDICTION, TO  ISSUE
 AN  INJUNCTION,  AND  UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE
 DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS, AND FOR
 THE ENFORCEMENT OF THE PENALTIES PROVIDED IN THIS SECTION.
   8. WHEN THE DEPARTMENT HAS REASON TO BELIEVE A PERSON OR VOICE SERVICE
 PROVIDER HAS VIOLATED ANY PROVISION OF THIS SECTION, THE DEPARTMENT  MAY
 REQUEST  IN WRITING THE PRODUCTION OF RELEVANT DOCUMENTS AND RECORDS. IF
 THE PERSON UPON WHOM SUCH REQUEST WAS MADE FAILS TO  PRODUCE  THE  DOCU-
 MENTS OR RECORDS WITHIN FOURTEEN DAYS AFTER THE DATE OF THE REQUEST, THE
 DEPARTMENT  MAY  ISSUE  AND  SERVE SUBPOENAS TO COMPEL THE PRODUCTION OF
 SUCH DOCUMENTS AND RECORDS. IF ANY PERSON SHALL REFUSE TO COMPLY WITH  A
 SUBPOENA  ISSUED UNDER THIS SECTION, THE DEPARTMENT MAY PETITION A COURT
 OF COMPETENT JURISDICTION TO ENFORCE THE SUBPOENA  AND,  NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW, TO REQUEST A CIVIL PENALTY NOT TO EXCEED ONE
 THOUSAND  DOLLARS  PER  DAY,  ACTUAL  DAMAGES SUSTAINED BY REASON OF THE
 FAILURE TO COMPLY, AND SUCH SANCTIONS AS THE COURT MAY DIRECT.
   9. THE SECRETARY SHALL PROMULGATE ANY RULES OR  REGULATIONS  NECESSARY
 TO IMPLEMENT AND ENFORCE THE PROVISIONS OF THIS SECTION.
   10.  THE  PUBLIC  SERVICE COMMISSION MAY PROMULGATE ANY RULES OR REGU-
 LATIONS NECESSARY TO  IMPLEMENT  AND  ENFORCE  THE  PROVISIONS  OF  THIS
 SECTION.
   §  905.  USE  OF  AUTOMATIC TELEPHONE DIALING SYSTEMS AND PLACEMENT OF
 CONSUMER TELEPHONE CALLS. 1. NO PERSON SHALL OPERATE AN AUTOMATIC  TELE-
 PHONE  DIALING  SYSTEM, NOR PLACE ANY CONSUMER TELEPHONE CALL, EXCEPT IN
 ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE USE OF  SUCH  DEVICE
 BY  ANY  PERSON,  EITHER INDIVIDUALLY OR ACTING AS AN OFFICER, AGENT, OR

 S. 7508                            78                            A. 9508
 
 EMPLOYEE OF A PERSON OPERATING ANY AUTOMATIC TELEPHONE  DIALING  SYSTEM,
 IS SUBJECT TO THE PROVISIONS OF THIS SECTION.
   2. WHENEVER TELEPHONE CALLS ARE PLACED THROUGH THE USE OF AN AUTOMATIC
 TELEPHONE DIALING SYSTEM, SUCH DEVICE SHALL DO ALL OF THE FOLLOWING:
   A.  STATE  AT THE BEGINNING OF THE CALL THE NATURE OF THE CALL AND THE
 NAME OF THE PERSON OR ON WHOSE BEHALF THE MESSAGE IS  BEING  TRANSMITTED
 AND  AT THE END OF SUCH MESSAGE THE ADDRESS, AND TELEPHONE NUMBER OF THE
 PERSON ON WHOSE BEHALF THE MESSAGE IS TRANSMITTED, PROVIDED SUCH DISCLO-
 SURES ARE NOT OTHERWISE PROHIBITED OR RESTRICTED BY ANY  FEDERAL,  STATE
 OR LOCAL LAW; AND
   B.  DISCONNECT  THE  AUTOMATIC TELEPHONE DIALING SYSTEM FROM THE TELE-
 PHONE LINE UPON THE TERMINATION OF THE CALL BY EITHER THE PERSON CALLING
 OR THE PERSON CALLED.
   3. NO PERSON SHALL OPERATE AN AUTOMATIC TELEPHONE DIALING SYSTEM WHICH
 USES A RANDOM OR SEQUENTIAL NUMBER GENERATOR TO PRODUCE A NUMBER  TO  BE
 CALLED.
   4.  NO AUTOMATIC TELEPHONE DIALING SYSTEM SHALL BE USED TO CALL AND NO
 CONSUMER TELEPHONE CALL SHALL BE PLACED TO AN EMERGENCY  TELEPHONE  LINE
 INCLUDING  BUT  NOT  LIMITED  TO ANY 911 OR E-911 LINE, OR ANY EMERGENCY
 LINE OF ANY VOLUNTEER FIRE COMPANY OR  FIRE  DEPARTMENT;  ANY  EMERGENCY
 MEDICAL  SERVICE,  AMBULANCE  SERVICE,  VOLUNTARY  AMBULANCE  SERVICE OR
 HOSPITAL AMBULANCE SERVICE AS DEFINED IN SECTION THREE THOUSAND  ONE  OF
 THE PUBLIC HEALTH LAW; ANY HOSPITAL, NURSING HOME, OR RESIDENTIAL HEALTH
 CARE  FACILITY  AS  DEFINED  IN  SECTION TWENTY-EIGHT HUNDRED ONE OF THE
 PUBLIC HEALTH LAW; ANY ADULT CARE FACILITY AS DEFINED IN SECTION TWO  OF
 THE  SOCIAL  SERVICES LAW; OR ANY LAW ENFORCEMENT AGENCY OR TO THE TELE-
 PHONE LINE OF ANY GUEST ROOM OR PATIENT ROOM OF  ANY  HOSPITAL,  NURSING
 HOME,  OR RESIDENTIAL HEALTH CARE FACILITY AS DEFINED IN SECTION TWENTY-
 EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, OR ANY ADULT  CARE  FACILITY
 AS  DEFINED  BY  SECTION  TWO  OF  THE SOCIAL SERVICES LAW. IT SHALL NOT
 CONSTITUTE A VIOLATION OF THIS SUBDIVISION IF THE PERSON WHO PLACES SUCH
 A CALL CAN AFFIRMATIVELY ESTABLISH THAT THE CALL WAS PLACED INADVERTENT-
 LY DESPITE GOOD FAITH EFFORTS ON THE PART OF SUCH PERSON TO COMPLY  WITH
 THE  PROVISIONS OF THIS SECTION AND SUCH PERSON HAS IMPLEMENTED A PROCE-
 DURE TO PREVENT SUBSEQUENT CALLS  FROM  BEING  PLACED  TO  A  PARTICULAR
 PROHIBITED TELEPHONE NUMBER.
   5. A TELEPHONE SOLICITOR SHALL NOT MAKE A CONSUMER TELEPHONE CALL TO A
 CONSUMER  UNLESS  THE TELEPHONE SOLICITOR CONFORMS WITH SUBPARAGRAPH (I)
 OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION NINE HUNDRED SIX  OF  THIS
 ARTICLE.  NOTHING  CONTAINED  HEREIN  SHALL  BE  DEEMED TO LIMIT, ANNUL,
 ALTER, OR AFFECT THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION.
   6. NO TELEPHONE SOLICITOR OR PERSON WHO PLACES ANY CONSUMER  TELEPHONE
 CALL  OR  WHO  OPERATES  AN  AUTOMATIC  TELEPHONE  DIALING SYSTEM AND NO
 EMPLOYER OF ANY SUCH TELEPHONE SOLICITOR OR PERSON  SHALL  INTENTIONALLY
 CAUSE  TO  BE  INSTALLED,  OR  SHALL INTENTIONALLY UTILIZE, ANY BLOCKING
 DEVICE OR SERVICE TO PREVENT THE NAME AND/OR TELEPHONE  NUMBER  OF  SUCH
 SOLICITOR  OR  PERSON, OR THE NAME AND/OR TELEPHONE NUMBER OF HIS OR HER
 EMPLOYER, FROM BEING DISPLAYED ON A CALLER IDENTIFICATION DEVICE OF  THE
 RECIPIENT  OF  ANY  SUCH  CONSUMER  TELEPHONE  CALL. A VIOLATION OF THIS
 SUBDIVISION SHALL BE SUBJECT TO THE PROVISIONS OF SUBDIVISION  EIGHT  OF
 THIS SECTION.
   7. A. FEDERAL, STATE OR LOCAL MUNICIPALITIES, OR ANY SUBDIVISION THER-
 EOF,  USING AN AUTOMATIC TELEPHONE DIALING SYSTEM FOR EMERGENCY PURPOSES
 SHALL BE EXEMPTED FROM THE PROVISIONS OF THIS SECTION.
   B. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS  SUBDIVISION,
 ANY  ENTITY  WHICH  OPERATES  A  TELEPHONE WARNING OR ALERT SYSTEM WHICH

 S. 7508                            79                            A. 9508
 
 UTILIZES ANY SUCH DEVICE FOR EMERGENCY PURPOSES SHALL ALSO  BE  EXEMPTED
 FROM THE PROVISIONS OF THIS SECTION.
   8. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY  BE  MADE  BY  THE ATTORNEY-GENERAL IN THE NAME OF THE PEOPLE OF THE
 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE  AN
 INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS,
 TO  ENJOIN  AND  RESTRAIN  THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT
 SHALL APPEAR TO THE SATISFACTION OF  THE  COURT  OR  JUSTICE,  THAT  THE
 DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS  SECTION AN INJUNCTION MAY BE
 ISSUED BY SUCH COURT OR JUSTICE ENJOINING AND  RESTRAINING  ANY  FURTHER
 VIOLATION,  WITHOUT  REQUIRING  PROOF THAT ANY PERSON HAS, IN FACT, BEEN
 INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT  MAY  MAKE
 ALLOWANCES  TO  THE  ATTORNEY-GENERAL  AS  PROVIDED  IN PARAGRAPH SIX OF
 SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
 TICE LAW AND RULES, AND DIRECT RESTITUTION.  WHENEVER  THE  COURT  SHALL
 DETERMINE  THAT  A  VIOLATION  OF SUBDIVISION TWO, THREE OR FOUR OF THIS
 SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
 THAN TWO THOUSAND DOLLARS PER CALL, UP TO A TOTAL OF NOT MORE THAN TWEN-
 TY  THOUSAND DOLLARS, FOR CALLS PLACED IN VIOLATION OF SUCH SUBDIVISIONS
 WITHIN A CONTINUOUS SEVENTY-TWO HOUR PERIOD.  WHENEVER THE  COURT  SHALL
 DETERMINE  THAT  A  VIOLATION  OF SUBDIVISION FIVE OF THIS SECTION, OR A
 VIOLATION OF SUBDIVISION SIX OF THIS SECTION, HAS  OCCURRED,  THE  COURT
 MAY  IMPOSE  A  CIVIL  PENALTY OF NOT MORE THAN TWO THOUSAND DOLLARS. IN
 CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE  ATTORNEY-GENERAL  IS
 AUTHORIZED  TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS
 AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE  CIVIL  PRACTICE  LAW  AND
 RULES.
   9.  IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY-GENERAL
 PURSUANT TO THIS SECTION, ANY PERSON WHO HAS RECEIVED A  TELEPHONE  CALL
 IN VIOLATION OF SUBDIVISION TWO, THREE OR FOUR OF THIS SECTION MAY BRING
 AN ACTION IN SUCH PERSON'S OWN NAME TO ENJOIN SUCH UNLAWFUL ACT OR PRAC-
 TICE,  AN ACTION TO RECOVER SUCH PERSON'S ACTUAL DAMAGES OR FIVE HUNDRED
 DOLLARS, WHICHEVER IS GREATER, OR BOTH SUCH ACTIONS. THE COURT  MAY,  IN
 ITS DISCRETION, INCREASE THE AWARD OF DAMAGES TO AN AMOUNT NOT TO EXCEED
 THREE  TIMES THE ACTUAL DAMAGES UP TO ONE THOUSAND DOLLARS, IF THE COURT
 FINDS THE DEFENDANT WILLFULLY OR KNOWINGLY VIOLATED  SUCH  SUBDIVISIONS.
 THE  COURT  MAY  AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAIN-
 TIFF. ANY DAMAGES RECOVERABLE PURSUANT TO THIS SECTION MAY BE  RECOVERED
 IN  ANY  ACTION  WHICH  A  COURT  MAY AUTHORIZE TO BE BROUGHT AS A CLASS
 ACTION PURSUANT TO ARTICLE NINE OF THE CIVIL PRACTICE LAW AND RULES.
   § 906. TELEMARKETING AND CONSUMER FRAUD AND ABUSE PREVENTION  ACT.  1.
 LEGISLATIVE FINDINGS AND DECLARATION. THE LEGISLATURE FINDS AND DECLARES
 THAT  THE  PREVENTION  OF  DECEPTIVE AND UNFAIR PRACTICES IN ASSOCIATION
 WITH TELEMARKETING IS IN THE PUBLIC INTEREST AND SUBJECT TO THE AUTHORI-
 TY OF APPROPRIATE POLITICAL SUBDIVISIONS OF THE STATE FOR THE PURPOSE OF
 PROTECTING THE PUBLIC AGAINST FRAUD, DECEPTION  AND  OTHER  ABUSES.  THE
 LEGISLATURE  INTENDS  THAT  THE FEDERAL TELEMARKETING AND CONSUMER FRAUD
 AND ABUSE PREVENTION ACT (P.L. 103-297) BE FULLY ENFORCEABLE  BY  APPRO-
 PRIATE STATE AND LOCAL ENFORCEMENT OFFICIALS.
   THE LEGISLATURE FURTHER DECLARES THAT ADDITIONAL REQUIREMENTS APPLICA-
 BLE TO THE TELEMARKETING INDUSTRY NOT PRESENT IN THE FEDERAL STATUTE ARE
 NECESSARY  TO PROTECT RESIDENTS OF THE STATE AND OTHERS FROM TELEMARKET-
 ING ABUSES. THE LEGISLATURE THEREFORE INTENDS THAT  PROVISIONS  IN  THIS
 SECTION  WHICH  DIFFER FROM THE AFOREMENTIONED FEDERAL ACT AND OTHER NEW
 YORK STATE LAWS REGULATING TELEMARKETING BE CONSTRUED  WHENEVER  REASON-

 S. 7508                            80                            A. 9508
 
 ABLE  AS  PROVIDING  ADDITIONAL  PROTECTIONS TO VICTIMS OF TELEMARKETING
 FRAUD.
   2.  REGISTRATION  OF  TELEMARKETERS. A. NO PERSON SHALL ACT AS A TELE-
 MARKETER WITHOUT FIRST HAVING RECEIVED  A  CERTIFICATE  OF  REGISTRATION
 FROM THE SECRETARY AS PROVIDED IN THIS SECTION. EMPLOYEES OF TELEMARKET-
 ERS  SHALL  BE  EXEMPT FROM THE REQUIREMENTS OF THIS PARAGRAPH AND PARA-
 GRAPH B OF THIS SUBDIVISION.
   B. NO PERSON REQUIRED TO REGISTER PURSUANT  TO  PARAGRAPH  A  OF  THIS
 SUBDIVISION  SHALL ACT AS A TELEMARKETER WITHOUT HOLDING A VALID CERTIF-
 ICATE OF REGISTRATION FROM THE SECRETARY AS PROVIDED IN THIS SECTION.
   C. ANY APPLICANT SHALL FILE WITH THE DEPARTMENT AN APPLICATION  FOR  A
 CERTIFICATE OF REGISTRATION IN SUCH FORM AND CONTAINING SUCH INFORMATION
 AS THE SECRETARY SHALL PRESCRIBE, INCLUDING THE FOLLOWING:
   (I) THE APPLICANT'S NAME, ADDRESS AND TELEPHONE NUMBER;
   (II)  EACH  BUSINESS  NAME  UNDER  WHICH  THE  APPLICANT ENGAGES IN OR
 INTENDS TO ENGAGE IN TELEMARKETING, IF SUCH NAME IS DIFFERENT  THAN  THE
 APPLICANT'S;
   (III) THE COMPLETE STREET ADDRESS AND PRIMARY TELEPHONE NUMBER OF EACH
 LOCATION,  DESIGNATING  THE PRINCIPAL LOCATION, FROM WHICH THE APPLICANT
 ENGAGES IN  OR  INTENDS  TO  ENGAGE  IN  TELEMARKETING,  INCLUDING  EACH
 LOCATION  AT  WHICH  MAIL WILL BE RECEIVED BY OR ON BEHALF OF THE APPLI-
 CANT, AND IDENTIFYING ANY SUCH LOCATION THAT IS A  POST  OFFICE  BOX  OR
 MAIL DROP;
   (IV)  THE  NAME, ADDRESS AND TELEPHONE NUMBER OF EACH PRINCIPAL OF THE
 BUSINESS;
   (V) WHETHER THE APPLICANT OR ANY PRINCIPAL THEREOF HAS BEEN  CONVICTED
 OR  PLEAD  GUILTY TO OR IS BEING PROSECUTED BY INDICTMENT OR INFORMATION
 FOR RACKETEERING, VIOLATIONS OF SECURITIES LAWS, OR A THEFT  OFFENSE  OF
 ANY STATE, OR THE UNITED STATES;
   (VI)  WHETHER ANY INJUNCTION OR JUDGMENT HAS BEEN ENTERED INTO AGAINST
 THE APPLICANT OR ANY PRINCIPAL,  OR  SUCH  APPLICANT  OR  PRINCIPAL  HAS
 ENTERED  INTO  A  SETTLEMENT  AGREEMENT,  ASSURANCE  OF  DISCONTINUANCE,
 CONSENT DECREE OR ANY SIMILAR INSTRUMENT IN ANY CIVIL  ACTION  INVOLVING
 THEFT, RACKETEERING, EMBEZZLEMENT, CONVERSION, MISAPPROPRIATION OF PROP-
 ERTY, FRAUD, OR DECEPTIVE, UNFAIR, ILLEGAL OR UNCONSCIONABLE TRADE PRAC-
 TICES, AND WHETHER ANY CIVIL ACTION INVOLVING SUCH PRACTICES IS CURRENT-
 LY  PENDING,  TO  THE  EXTENT  NOT  INCONSISTENT WITH ANY EXISTING COURT
 ORDERS; AND
   (VII) WHETHER THE LICENSE TO ENGAGE IN ANY BUSINESS, TRADE OR  PROFES-
 SION  OF  THE  APPLICANT  OR  ANY  PRINCIPAL  THEREOF  HAS BEEN REFUSED,
 SUSPENDED OR REVOKED IN ANY JURISDICTION.
   D. UPON RECEIPT OF THE  COMPLETED  APPLICATION  FOR  REGISTRATION  AND
 REQUIRED  FEE,  AND  UNLESS  SUCH  CERTIFICATE  OF REGISTRATION HAS BEEN
 DENIED AS PROVIDED IN SUBDIVISION FOUR OF THIS  SECTION,  THE  SECRETARY
 SHALL  ISSUE AND DELIVER TO THE APPLICANT A CERTIFICATE IN SUCH FORM AND
 MANNER AS THE SECRETARY SHALL PRESCRIBE, BUT WHICH MUST  SET  FORTH  THE
 APPLICANT'S NAME, BUSINESS ADDRESS, AND THE EFFECTIVE TERM OF THE REGIS-
 TRATION.   A  REGISTRATION  CERTIFICATE  ISSUED  OR  RENEWED  UNDER  THE
 PROVISIONS OF THIS SECTION SHALL ENTITLE A PERSON TO ACT AS A REGISTERED
 TELEMARKETER FOR A PERIOD OF TWO YEARS FROM THE EFFECTIVE  DATE  OF  THE
 REGISTRATION.
   E.  ANY  REGISTRATION GRANTED UNDER THIS SECTION MAY BE RENEWED BY THE
 SECRETARY UPON APPLICATION BY THE HOLDER THEREOF, IN SUCH  FORM  AS  THE
 SECRETARY  MAY  PRESCRIBE.  THE  SECRETARY  SHALL  HAVE THE AUTHORITY TO
 ASSIGN STAGGERED EXPIRATION DATES FOR LICENSES AT THE TIME  OF  RENEWAL.
 IF  THE  ASSIGNED  DATE  RESULTS  IN  A TERM THAT EXCEEDS TWO YEARS, THE

 S. 7508                            81                            A. 9508
 
 APPLICANT SHALL PAY AN ADDITIONAL PRO-RATA ADJUSTMENT TOGETHER WITH  THE
 FEE PRESCRIBED IN PARAGRAPH F OF THIS SUBDIVISION.
   F.  EACH APPLICATION FOR A CERTIFICATE OF REGISTRATION SHALL BE ACCOM-
 PANIED BY A FEE OF FIVE HUNDRED DOLLARS, WHICH SHALL NOT BE REFUNDABLE.
   G. THE FEES COLLECTED PURSUANT TO THIS SUBDIVISION SHALL BE  DEPOSITED
 TO THE CREDIT OF THE BUSINESS AND LICENSING SERVICES ACCOUNT ESTABLISHED
 PURSUANT  TO  THE  PROVISIONS  OF  SECTION  NINETY-SEVEN-Y  OF THE STATE
 FINANCE LAW.
   H. ANY PERSON HOLDING A CERTIFICATE OF REGISTRATION SHALL BE  REQUIRED
 TO  PROVIDE  NOTICE  OF ANY CHANGE IN THE INFORMATION REQUIRED OF APPLI-
 CANTS BY THIS SECTION, IN SUCH FORM AND MANNER,  AND  WITHIN  SUCH  TIME
 PERIOD AS THE SECRETARY SHALL PRESCRIBE.
   I. NO PERSON REQUIRED TO BE REGISTERED UNDER THIS SUBDIVISION SHALL BE
 ENTITLED TO ENFORCE ANY AGREEMENT OR SEEK ANY CONSIDERATION OR ANY OTHER
 PAYMENT FOR GOODS AND SERVICES OFFERED THROUGH TELEMARKETING UNLESS SUCH
 PERSON  IS  IN  COMPLIANCE WITH THIS SUBDIVISION AND SUBDIVISION FOUR OF
 THIS SECTION.
   J. THE SECRETARY MAY PRESCRIBE RULES  AND  REGULATIONS  TO  ADMINISTER
 THIS SUBDIVISION AND SUBDIVISION FOUR OF THIS SECTION.
   3.  BONDING  OF  TELEMARKETERS. A. ANY APPLICANT SHALL, AT THE TIME OF
 ANY ORIGINAL APPLICATION FOR A CERTIFICATE OF  REGISTRATION,  FILE  WITH
 THE  SECRETARY, IN THE FORM AND AMOUNT AS PRESCRIBED IN THIS SUBDIVISION
 AND SATISFACTORY TO THE SECRETARY:
   (I) A BOND WITH A CORPORATE SURETY, FROM A COMPANY  AUTHORIZED  TO  DO
 BUSINESS IN THIS STATE; OR
   (II)  AN IRREVOCABLE LETTER OF CREDIT OR A CERTIFICATE OF DEPOSIT FROM
 A NEW YORK STATE OR FEDERALLY CHARTERED  BANK,  TRUST  COMPANY,  SAVINGS
 BANK  OR  SAVINGS  AND  LOAN ASSOCIATION QUALIFIED TO DO BUSINESS IN NEW
 YORK STATE AND INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION.
   B. SUCH BOND, LETTER OF CREDIT, OR CERTIFICATE  OF  DEPOSIT  SHALL  BE
 MAINTAINED  FOR  THREE YEARS FROM THE DATE THE TELEMARKETER CEASES TELE-
 MARKETING, OR THREE YEARS FROM THE DATE THE CERTIFICATE OF  REGISTRATION
 TERMINATES, WHICHEVER IS EARLIER.
   C.  THE PRINCIPAL SUM OF THE BOND, LETTER OF CREDIT, OR CERTIFICATE OF
 DEPOSIT SHALL BE TWENTY-FIVE THOUSAND DOLLARS, WHICH SHALL BE MAINTAINED
 UNTIL THE PERIOD SPECIFIED IN PARAGRAPH B OF THIS  SUBDIVISION,  SUBJECT
 TO PARAGRAPH G OF THIS SUBDIVISION.
   D. THE BOND, LETTER OF CREDIT OR CERTIFICATE OF DEPOSIT SHALL BE PAYA-
 BLE  IN  FAVOR OF THE PEOPLE OF THE STATE OF NEW YORK FOR THE BENEFIT OF
 ANY CUSTOMER INJURED AS A RESULT OF A VIOLATION OF THIS SECTION,  PURSU-
 ANT  TO  A DETERMINATION OF ANY COURT OF COMPETENT JURISDICTION PURSUANT
 TO THIS SECTION, OR ARTICLE TEN-B OF THE PERSONAL PROPERTY LAW.
   E. THE AGGREGATE LIABILITY OF THE SURETY UPON THE BOND OR THE  BANKING
 ORGANIZATION  UPON THE LETTER OF CREDIT OR CERTIFICATE OF DEPOSIT TO ALL
 PERSONS FOR ALL BREACHES OF THE CONDITIONS OF THE BOND SHALL IN NO EVENT
 EXCEED THE AMOUNT OF THE BOND, LETTER OF CREDIT OR CERTIFICATE OF DEPOS-
 IT.
   F. THE BOND, LETTER OF CREDIT OR CERTIFICATE OF DEPOSIT SHALL  NOT  BE
 CANCELED,  REVOKED, DIMINISHED OR TERMINATED EXCEPT AFTER NOTICE TO, AND
 WITH THE CONSENT OF, THE SECRETARY AT LEAST FORTY-FIVE DAYS  IN  ADVANCE
 OF  SUCH  CANCELLATION,  REVOCATION,  OR TERMINATION. UNLESS THE BOND IS
 REPLACED BY ANOTHER BOND, LETTER OF CREDIT OR CERTIFICATE OF DEPOSIT  IN
 CONFORMITY  WITH  THIS SUBDIVISION PRIOR TO THE EXPIRATION OF THE FORTY-
 FIVE DAY PERIOD, THE REGISTRATION OF THE TELEMARKETER SHALL  BE  TREATED
 AS  TERMINATED  AS OF THE CANCELLATION, REVOCATION OR TERMINATION OF THE
 BOND.

 S. 7508                            82                            A. 9508
 
   G. THE REGISTRATION OF THE TELEMARKETER SHALL BE TREATED AS TERMINATED
 AS OF THE DATE THE AMOUNT OF THE BOND, LETTER OF CREDIT  OR  CERTIFICATE
 OF DEPOSIT FALLS BELOW THE AMOUNT REQUIRED BY THIS SUBDIVISION.
   H. ANY CHANGE IN OWNERSHIP OF A TELEMARKETER SHALL NOT RELEASE, CANCEL
 OR  TERMINATE LIABILITY UNDER THIS SUBDIVISION UNDER ANY BOND, LETTER OF
 CREDIT, OR CERTIFICATE OF DEPOSIT FILED FOR ANY TELEMARKETER AS  TO  ANY
 CUSTOMER  WHO  WAS INJURED AS A RESULT OF A VIOLATION OF THIS SECTION OR
 ARTICLE TEN-B OF THE PERSONAL PROPERTY LAW WHILE SUCH  BOND,  LETTER  OF
 CREDIT  OR  CERTIFICATE OF DEPOSIT WAS IN EFFECT UNLESS SUCH TRANSFEREE,
 PURCHASER, SUCCESSOR OR ASSIGNEE OF SUCH TELEMARKETER  OBTAINS  A  BOND,
 LETTER  OF  CREDIT  OR CERTIFICATE OF DEPOSIT UNDER THIS SUBDIVISION FOR
 THE BENEFIT OF  SUCH  CUSTOMER.  NOTHING  IN  THIS  PARAGRAPH  SHALL  BE
 CONSTRUED  TO  AUTHORIZE  ANY TELEMARKETER TO CANCEL ANY BOND, LETTER OF
 CREDIT, OR CERTIFICATE OF DEPOSIT WHERE SUCH CANCELLATION IS NOT  OTHER-
 WISE AUTHORIZED BY THIS SUBDIVISION.
   4.  REFUSAL  TO  ISSUE, SUSPENSION, AND REVOCATION OF REGISTRATION. A.
 THE SECRETARY, OR ANY PERSON DEPUTIZED OR SO DESIGNATED BY  HIM  OR  HER
 MAY  DENY  THE  APPLICATION OF ANY PERSON FOR A CERTIFICATE OF REGISTRA-
 TION, REFUSE TO ISSUE A RENEWAL THEREOF, SUSPEND OR REVOKE SUCH  CERTIF-
 ICATE  OR  IN  LIEU  THEREOF  ASSESS  A  FINE NOT TO EXCEED ONE THOUSAND
 DOLLARS PER VIOLATION, IF HE OR SHE DETERMINES THAT SUCH  APPLICANT,  OR
 ANY OF ITS PRINCIPALS:
   (I)  HAS MADE A MATERIAL FALSE STATEMENT OR OMITTED A MATERIAL FACT IN
 CONNECTION WITH AN APPLICATION UNDER THIS SECTION;
   (II) WAS THE FORMER HOLDER OF A  CERTIFICATE  OF  REGISTRATION  ISSUED
 HEREUNDER WHICH THE SECRETARY REVOKED, SUSPENDED, OR REFUSED TO RENEW;
   (III)  HAS  FAILED TO FURNISH SATISFACTORY EVIDENCE OF GOOD CHARACTER,
 REPUTATION AND FITNESS;
   (IV) WITH RESPECT TO THE APPLICANT, IS NOT THE TRUE OWNER OF THE TELE-
 MARKETER, EXCEPT IN THE CASE OF A FRANCHISE;
   (V) IS IN VIOLATION OF OR HAS VIOLATED ANY OF THE  FOLLOWING  STATUTES
 AND  THE  REGULATIONS  THEREUNDER,  AS SUCH STATUTES AND REGULATIONS MAY
 FROM TIME TO TIME BE AMENDED:
   (A) THIS SECTION;
   (B) ARTICLE TEN-B OF THE PERSONAL PROPERTY LAW;
   (C) THE ACT OF CONGRESS ENTITLED THE "TELEMARKETING AND CONSUMER FRAUD
 AND ABUSE PREVENTION ACT" (P.L. 103-297);
   (VI) HAS BEEN CONVICTED OR PLEAD GUILTY TO OR IS BEING  PROSECUTED  BY
 INDICTMENT  OR  INFORMATION  FOR  RACKETEERING, VIOLATIONS OF SECURITIES
 LAWS, OR A THEFT OFFENSE OF THIS STATE, OR THE UNITED STATES;
   (VII) HAS HAD ANY INJUNCTION OR JUDGMENT ENTERED AGAINST HIM OR HER IN
 ANY CIVIL ACTION, OR SUCH APPLICANT OR  PRINCIPAL  HAS  ENTERED  INTO  A
 SETTLEMENT AGREEMENT, ASSURANCE OF DISCONTINUANCE, CONSENT DECREE OR ANY
 SIMILAR  INSTRUMENT INVOLVING THEFT, RACKETEERING, EMBEZZLEMENT, CONVER-
 SION, MISAPPROPRIATION OF PROPERTY, FRAUD OR DECEPTIVE, UNFAIR,  ILLEGAL
 OR UNCONSCIONABLE TRADE PRACTICES;
   (VIII)  HAS  HAD  A LICENSE OR REGISTRATION TO ENGAGE IN ANY BUSINESS,
 OCCUPATION OR PROFESSION SUSPENDED OR REVOKED IN ANY JURISDICTION  WHICH
 MAY  IMPACT  UPON  THE  APPLICANT'S  FITNESS FOR REGISTRATION UNDER THIS
 SECTION; OR
   (IX) HAS COMMITTED, OR IS COMMITTING  DECEPTIVE,  UNFAIR,  ILLEGAL  OR
 UNCONSCIONABLE  TRADE  PRACTICES IN VIOLATION OF THE LAWS OF THIS OR ANY
 OTHER STATE OR THE UNITED STATES.
   B. ANY PROCEEDING CONDUCTED PURSUANT TO PARAGRAPH A OF  THIS  SUBDIVI-
 SION SHALL BE SUBJECT TO THE STATE ADMINISTRATIVE PROCEDURE ACT.

 S. 7508                            83                            A. 9508
 
   5. DECEPTIVE TELEMARKETING ACTS AND PRACTICES. A. IT SHALL BE UNLAWFUL
 FOR  ANY  TELEMARKETER TO DIRECTLY OR INDIRECTLY ENGAGE IN THE FOLLOWING
 CONDUCT:
   (I)  FAIL  TO FURNISH A COPY OF THE CERTIFICATE OF REGISTRATION AT THE
 REQUEST OF ANY INTERESTED PARTY;
   (II) PRESENT OR ATTEMPT TO PRESENT, AS  THEIR  OWN,  THE  REGISTRATION
 CERTIFICATE OF ANOTHER;
   (III) GIVE FALSE OR MISLEADING INFORMATION;
   (IV) MISREPRESENT HIMSELF OR HERSELF TO BE REGISTERED;
   (V)  USE  OR  ATTEMPT TO USE A REGISTRATION CERTIFICATE WHICH HAS BEEN
 REVOKED, SUSPENDED OR IS OTHERWISE NOT VALID;
   (VI) ADVERTISE TELEMARKETING SERVICES WITHOUT HAVING A  VALID  CERTIF-
 ICATE OF REGISTRATION UNDER THIS SECTION;
   (VII) REPRESENT IN ANY MANNER THAT HIS OR HER REGISTRATION CONSTITUTES
 APPROVAL OR ENDORSEMENT OF ANY GOVERNMENTAL AGENCY;
   (VIII) ASSIST OR SUPPORT ANY PERSON WHEN THE TELEMARKETER OR ANY IDEN-
 TIFIED EMPLOYEE KNEW OR SHOULD HAVE KNOWN THAT THE PERSON WAS ENGAGED IN
 AN  ACT OR PRACTICE IN VIOLATION OF THIS SECTION OR ARTICLE TEN-B OF THE
 PERSONAL PROPERTY LAW;
   (IX) REQUEST A FEE IN ADVANCE TO REMOVE ADVERSE INFORMATION OR  MODIFY
 ADVERSE  INFORMATION  TO  IMPROVE  A  PERSON'S  CREDIT HISTORY OR CREDIT
 RECORD;
   (X) EXCEPT FOR AN ATTORNEY ENGAGED IN THE PRACTICE OF LAW, REQUEST  OR
 RECEIVE  PAYMENT IN ADVANCE FROM A PERSON TO RECOVER OR OTHERWISE AID IN
 THE RETURN OF MONEY OR ANY OTHER ITEM LOST BY THE CUSTOMER  IN  A  PRIOR
 TELEMARKETING TRANSACTION;
   (XI)  OBTAIN  OR  SUBMIT  FOR PAYMENT A CHECK, DRAFT, OR OTHER FORM OF
 NEGOTIABLE PAPER DRAWN ON A PERSON'S CHECKING, SAVINGS, SHARE, OR  SIMI-
 LAR ACCOUNT, WITHOUT THAT PERSON'S EXPRESS WRITTEN AUTHORIZATION;
   (XII)  PROCURE  THE  SERVICES OF ANY PROFESSIONAL DELIVERY, COURIER OR
 OTHER PICKUP SERVICE TO OBTAIN RECEIPT OR  POSSESSION  OF  A  CUSTOMER'S
 PAYMENT,  UNLESS THE GOODS OR SERVICES ARE DELIVERED WITH THE REASONABLE
 OPPORTUNITY TO INSPECT BEFORE ANY PAYMENT IS COLLECTED; OR
   (XIII) MISREPRESENT, DIRECTLY OR BY IMPLICATION, THAT A PREMIUM  IS  A
 PRIZE.
   B.  TELEMARKETERS SHALL PROVIDE ALL OF THE FOLLOWING INFORMATION, IN A
 CLEAR AND COHERENT MANNER USING WORDS WITH COMMON AND EVERYDAY MEANINGS,
 WHEN MAKING A TELEMARKETING CALL:
   (I) AT THE BEGINNING OF THE CALL AND PRIOR TO ANY REQUEST BY THE CALL-
 ER OF THE CUSTOMER TO RELEASE OR DISCLOSE ANY OF THE CUSTOMER'S PERSONAL
 OR FINANCIAL INFORMATION, INCLUDING BUT NOT LIMITED, TO  THE  CUSTOMER'S
 NAME,  ADDRESS, CREDIT CARD, CHECKING ACCOUNT OR OTHER FINANCIAL ACCOUNT
 NUMBER OR INFORMATION:
   (A) THAT THE PURPOSE OF THE  TELEPHONE  CALL  IS  TO  OFFER  GOODS  OR
 SERVICES  FOR  WHICH  A  FEE WILL BE CHARGED OR TO PROVIDE AN INVESTMENT
 OPPORTUNITY, WHICHEVER IS THE CASE;
   (B) THE TELEMARKETER'S NAME AND THE PERSON ON WHOSE BEHALF THE  SOLIC-
 ITATION IS BEING MADE IF OTHER THAN THE TELEMARKETER;
   (C)  THE  IDENTITY  OF  THE  GOODS OR SERVICES FOR WHICH A FEE WILL BE
 CHARGED; AND
   (D) WHETHER THE CALL IS BEING RECORDED.
   (II) THE COST OF THE GOODS OR SERVICES THAT ARE  THE  SUBJECT  OF  THE
 CALL.
   (III)  IN  ANY  PRIZE PROMOTION, THE ODDS OF BEING ABLE TO RECEIVE THE
 PRIZE, AND IF THE ODDS ARE NOT CALCULABLE IN ADVANCE, THE  FACTORS  USED
 IN  CALCULATING THE ODDS; THAT NO PURCHASE OR PAYMENT IS REQUIRED TO WIN

 S. 7508                            84                            A. 9508
 
 A PRIZE OR TO PARTICIPATE IN A PRIZE PROMOTION; AND THE  NO  PURCHASE/NO
 PAYMENT  METHOD  OF  PARTICIPATING  IN  THE  PRIZE PROMOTION WITH EITHER
 INSTRUCTIONS ON HOW TO PARTICIPATE OR AN ADDRESS OR LOCAL  OR  TOLL-FREE
 TELEPHONE NUMBER TO WHICH CUSTOMERS MAY WRITE OR CALL FOR INFORMATION ON
 HOW  TO  PARTICIPATE; AND ALL MATERIAL COSTS OR CONDITIONS TO RECEIVE OR
 REDEEM A PRIZE THAT IS THE SUBJECT OF THE PRIZE PROMOTION.
   6. ABUSIVE TELEMARKETING ACTS OR PRACTICES. IT SHALL BE  UNLAWFUL  FOR
 ANY TELEMARKETER TO:
   A. THREATEN, INTIMIDATE OR USE PROFANE OR OBSCENE LANGUAGE;
   B.  ENGAGE IN CONDUCT OR BEHAVIOR A REASONABLE PERSON WOULD DEEM TO BE
 ABUSIVE OR HARASSING;
   C. INITIATE A TELEMARKETING CALL TO A PERSON,  WHEN  THAT  PERSON  HAS
 STATED  PREVIOUSLY  THAT HE OR SHE DOES NOT WISH TO RECEIVE SOLICITATION
 CALLS FROM THAT TELEMARKETER PROVIDED,  HOWEVER  THAT  NOTHING  IN  THIS
 SECTION SHALL BE CONSTRUED TO PROHIBIT A TELEMARKETER FROM TELEMARKETING
 GOODS,  SERVICES  OR  INVESTMENT  OPPORTUNITIES  TO  ANY CUSTOMER OF ANY
 AFFILIATE, SUBSIDIARY OR PARENT OF SUCH TELEMARKETER;
   D. ENGAGE IN TELEMARKETING TO A PERSON'S RESIDENCE AT ANY  TIME  OTHER
 THAN BETWEEN 8:00 A.M.  AND 9:00 P.M. LOCAL TIME, AT THE CALLED PERSON'S
 LOCATION; OR
   E.  MAKE  A  FALSE, DECEPTIVE OR MISLEADING STATEMENT IN REGARD TO THE
 REQUIREMENTS OF SUBDIVISION FIVE OF THIS SECTION TO A  CUSTOMER,  OR  TO
 ENGAGE  IN  ANY  DECEPTIVE OR UNFAIR ACT OR PRACTICE IN ASSOCIATION WITH
 TELEMARKETING.
   F. MAKE AN UNSOLICITED TELEMARKETING SALES CALL TO  ANY  PERSON  IN  A
 COUNTY,  CITY, TOWN OR VILLAGE KNOWINGLY UNDER A DECLARED STATE OF EMER-
 GENCY OR DISASTER EMERGENCY AS DESCRIBED IN SECTION TWENTY-FOUR OR TWEN-
 TY-EIGHT OF THE EXECUTIVE LAW.
   7. UNLAWFUL TRANSMISSION OF CERTAIN CALLER IDENTIFICATION INFORMATION.
 IT SHALL BE UNLAWFUL FOR ANY TELEMARKETER OR SELLER TO  KNOWINGLY  CAUSE
 ANY  VOICE  SERVICE  PROVIDING CALLER IDENTIFICATION SERVICE TO TRANSMIT
 MISLEADING, INACCURATE,  OR  FALSE  CALLER  IDENTIFICATION  INFORMATION,
 PROVIDED  THAT  IT  SHALL NOT BE A VIOLATION TO SUBSTITUTE (FOR THE NAME
 AND PHONE NUMBER USED IN, OR BILLED FOR, MAKING THE CALL)  THE  NAME  OR
 TELEPHONE  NUMBER  OF THE PERSON OR SELLER ON BEHALF OF WHICH A TELEMAR-
 KETING CALL IS PLACED.
   8. RECORDKEEPING REQUIREMENTS. A. ALL TELEMARKETERS SHALL KEEP  FOR  A
 PERIOD  OF  TWENTY-FOUR  MONTHS  FROM  THE  DATE  THE RECORD IS PRODUCED
 RECORDS OF ALL FINANCIAL TRANSACTIONS, WRITTEN NOTICES, DISCLOSURES  AND
 ACKNOWLEDGMENTS, INCLUDING BUT NOT LIMITED TO:
   (I)  RECORDS OF CALLS RESULTING IN A PROMISE BY THE CUSTOMER TO PAY OR
 OTHERWISE EXCHANGE CONSIDERATION FOR GOODS AND SERVICES,  INCLUDING  BUT
 NOT  LIMITED  TO  THE  NAME AND LAST KNOWN ADDRESS OF EACH CUSTOMER, THE
 GOODS OR SERVICES SELECTED, THE DATE SUCH GOODS WERE SHIPPED OR PROVIDED
 AND THE QUANTITY PROVIDED, THE AMOUNT CHARGED BY  THE  COMPANY  FOR  THE
 GOODS  OR SERVICES PROVIDED, INCLUDING ALL OTHER RELATED FEES OR CHARGES
 OF ANY KIND, INCLUDING SHIPPING AND HANDLING FEES, AND THE AMOUNT  ACTU-
 ALLY PAID BY THE CUSTOMER FOR THE GOODS AND SERVICES PROVIDED;
   (II)  THE  NAME AND LAST KNOWN ADDRESS OF EACH PRIZE RECIPIENT AND THE
 PRIZE AWARDED HAVING A VALUE OF TWENTY-FIVE DOLLARS OR MORE; AND
   (III) THE NAME, ANY FICTITIOUS NAME USED, THE LAST KNOWN HOME  ADDRESS
 AND  TELEPHONE  NUMBER,  AND  THE  JOB  TITLE FOR ALL CURRENT AND FORMER
 EMPLOYEES DIRECTLY INVOLVED IN TELEPHONE SALES; PROVIDED, HOWEVER,  THAT
 IF  THE  TELEMARKETER  PERMITS FICTITIOUS NAMES TO BE USED BY EMPLOYEES,
 EACH FICTITIOUS NAME MUST BE TRACEABLE TO ONLY ONE SPECIFIC EMPLOYEE.

 S. 7508                            85                            A. 9508
 
   B. A TELEMARKETER MAY KEEP THE RECORDS REQUIRED BY PARAGRAPH A OF THIS
 SUBDIVISION IN ANY FORM, AND IN THE MANNER, FORMAT,  OR  PLACE  AS  THEY
 KEEP SUCH RECORDS IN THE ORDINARY COURSE OF BUSINESS.
   C.   IN   THE   EVENT   OF  ANY  DISSOLUTION  OR  TERMINATION  OF  THE
 TELEMARKETER'S BUSINESS, A  REPRESENTATIVE  OF  THE  TELEMARKETER  SHALL
 MAINTAIN  ALL RECORDS AS REQUIRED UNDER THIS SUBDIVISION, WHICH SHALL BE
 THE PERSON REQUIRED TO MAINTAIN SUCH RECORDS IN THE EVENT OF DISSOLUTION
 OR TERMINATION UNDER RULES AND  REGULATIONS  ISSUED  UNDER  THE  ACT  OF
 CONGRESS  ENTITLED  THE  "TELEMARKETING  AND  CONSUMER  FRAUD  AND ABUSE
 PREVENTION ACT" (P.L. 103-297), OR ANY PERSON DESIGNATED  BY  THE  TELE-
 MARKETER. IN THE EVENT OF ANY SALE, ASSIGNMENT OR OTHER CHANGE OF OWNER-
 SHIP  OF  THE  TELEMARKETER'S  BUSINESS, THE SUCCESSOR OR ASSIGNEE SHALL
 MAINTAIN ALL RECORDS REQUIRED BY THIS SUBDIVISION. IN ANY CASE IN  WHICH
 THIS  PARAGRAPH  APPLIES,  THE  TELEMARKETER SHALL PROVIDE NOTICE TO THE
 SECRETARY, IN THE FORM AND MANNER DESIGNATED BY  THE  SECRETARY  OF  THE
 DISPOSITION  OF  SUCH  RECORDS  WITHIN  THIRTY  DAYS OF THE DISSOLUTION,
 TERMINATION, SALE, ASSIGNMENT OR CHANGE OF OWNERSHIP.
   9. WAIVER. ANY WAIVER OF THE PROVISIONS OF THIS SECTION BY ANY CUSTOM-
 ER SHALL BE UNENFORCEABLE AND VOID.
   10. EXEMPTIONS. A. THE FOLLOWING PERSONS  SHALL  BE  EXEMPT  FROM  THE
 REGISTRATION  AND BONDING REQUIREMENTS SET FORTH IN SUBDIVISIONS TWO AND
 THREE OF THIS SECTION:
   (I) THE STATE, MUNICIPALITIES OF THE STATE, OR ANY DEPARTMENT OR DIVI-
 SION OF THE STATE OR SUCH MUNICIPALITIES;
   (II) THE UNITED STATES OR ANY OF ITS DEPARTMENTS,  AGENCIES  OR  DIVI-
 SIONS;
   (III)  COLLEGES, UNIVERSITIES AND OTHER INSTITUTIONS AUTHORIZED BY THE
 REGENTS OF THE UNIVERSITY OF THE STATE OF NEW YORK OR COMPARABLE BODY IN
 ANY OTHER STATE OR JURISDICTION, TO GRANT  DEGREES,  INCLUDING  LICENSED
 PRIVATE SCHOOLS AND ANY REGISTERED BUSINESS SCHOOLS REGULATED BY ARTICLE
 ONE HUNDRED ONE OF THE EDUCATION LAW;
   (IV)  A  PERSON,  WHICH  HAS BEEN OPERATING FOR AT LEAST THREE YEARS A
 RETAIL BUSINESS ESTABLISHMENT IN THIS STATE UNDER THE SAME NAME AS  THAT
 USED  IN  CONNECTION WITH TELEMARKETING, AND BOTH OF THE FOLLOWING OCCUR
 ON A CONTINUING BASIS:
   (A) EITHER PRODUCTS ARE DISPLAYED AND OFFERED FOR SALE OR SERVICES ARE
 OFFERED FOR SALE AND PROVIDED AT THE BUSINESS ESTABLISHMENT; AND
   (B) A MAJORITY OF THE PERSON'S  BUSINESS  INVOLVES  BUYERS'  OBTAINING
 SUCH PRODUCTS OR SERVICES AT THE PERSON'S LOCATION;
   (V)  ANY  NOT-FOR-PROFIT CORPORATION AS DEFINED IN SECTION ONE HUNDRED
 TWO OF THE NOT-FOR-PROFIT CORPORATION LAW AND CHARITABLE ORGANIZATIONS.
   B. THE FOLLOWING ACTS OR PRACTICES ARE EXEMPT FROM THE REQUIREMENTS OF
 THIS SECTION:
   (I) TELEPHONE CALLS MADE  BY  A  TELEMARKETER,  COLLECTION  AGENCY  OR
 ATTORNEY  ENGAGED  IN  THE  PRACTICE OF LAW FOR THE EXCLUSIVE PURPOSE OF
 COLLECTING  A  LEGAL  DEBT  OWED,  IN  ACCORDANCE  WITH  THE  APPLICABLE
 PROVISIONS  OF THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT (15 U.S.C.
 § 1692 ET. SEQ.);
   (II) TELEPHONE CALLS IN WHICH THE SALE, LEASE OR OTHER  AGREEMENT  FOR
 GOODS  OR  SERVICES  IS  NOT  COMPLETED, AND PAYMENT OR AUTHORIZATION OF
 PAYMENT IS NOT REQUIRED, UNTIL AFTER A FACE-TO-FACE  SALES  PRESENTATION
 BY A TELEMARKETER, OR A MEETING BETWEEN A TELEMARKETER AND CUSTOMER;
   (III) TELEPHONE CALLS THAT ARE RECEIVED BY A TELEMARKETER INITIATED BY
 A CUSTOMER THAT ARE NOT THE RESULT OF ANY SOLICITATION BY SUCH TELEMARK-
 ETER; AND

 S. 7508                            86                            A. 9508

   (IV)  TELEPHONE  CALLS BETWEEN A TELEMARKETER AND ANY FOR-PROFIT BUSI-
 NESS, EXCEPT CALLS INVOLVING THE RETAIL SALE  OF  NONDURABLE  OFFICE  OR
 CLEANING SUPPLIES.
   C. THE FOLLOWING ACTS OR PRACTICES ARE EXEMPT FROM THE REQUIREMENTS OF
 PARAGRAPH B OF SUBDIVISION FIVE OF THIS SECTION:
   (I)  TELEPHONE  CALLS  PERTAINING  TO  A RENEWAL OR CONTINUATION OF AN
 EXISTING OR PRIOR CONTRACTUAL RELATIONSHIP OR  THE  CONTINUATION  OF  AN
 ESTABLISHED BUSINESS RELATIONSHIP BETWEEN A CUSTOMER AND ANY TELEMARKET-
 ER, PROVIDED THAT THE TELEMARKETER DISCLOSES ANY MATERIAL CHANGES IN THE
 TERMS  AND  CONDITIONS OF THE PRIOR CONTRACT, EXCEPT FOR CALLS MADE BY A
 TELEMARKETER IN WHICH THE TELEMARKETER OR  ANY  OF  ITS  PRINCIPALS  HAS
 PREVIOUSLY  ENGAGED  IN  ANY  ACT OR PRACTICE DESCRIBED IN SUBPARAGRAPHS
 (I), (II), (V), (VI), (VII) AND (VIII) OF  PARAGRAPH  A  OF  SUBDIVISION
 FOUR OF THIS SECTION; AND
   (II)  UNSOLICITED  TELEPHONE  CALLS  MADE  BY THE TELEMARKETER FOR THE
 PURPOSE OF OVERALL EFFORTS TO DEVELOP NEW BUSINESS  THAT  INCLUDE  OTHER
 METHODS  AND TECHNIQUES INTENDED TO IDENTIFY AND COMMUNICATE WITH POTEN-
 TIAL CUSTOMERS PROVIDED HOWEVER THAT  FOR  ALL  TRANSACTIONS  WHICH  ARE
 INCIDENTAL  TO THE CALL AND RESULT IN THE EXCHANGE OF GOODS AND SERVICES
 THE TELEMARKETER SHALL DISCLOSE THE FOLLOWING INFORMATION:
   (A) THE TELEMARKETER'S NAME AND THE PERSON ON WHOSE BEHALF THE  SOLIC-
 ITATION IS BEING MADE IF OTHER THAN THE TELEMARKETER;
   (B)  THE  IDENTITY  OF  THE  GOODS OR SERVICES FOR WHICH A FEE WILL BE
 CHARGED; AND
   (C) THE COST OF THE GOODS OR SERVICES THAT  ARE  THE  SUBJECT  OF  THE
 CALL.
   11.  FEE AND BONDING EXEMPTIONS. THE FOLLOWING PERSONS ARE EXEMPT FROM
 THE FEE AND BONDING REQUIREMENTS SET FORTH IN PARAGRAPH F OF SUBDIVISION
 TWO AND SUBDIVISION THREE OF THIS SECTION: A PERSON ENGAGED IN  A  BUSI-
 NESS  OR  OCCUPATION WHICH IS LICENSED, REGISTERED, CHARTERED, CERTIFIED
 OR INCORPORATED WITH OR BY ANY STATE OR FEDERAL AGENCY. PROVIDED, HOWEV-
 ER, ANY PERSON NOT LICENSED, REGISTERED, CHARTERED, CERTIFIED OR  INCOR-
 PORATED WITH ANY NEW YORK STATE OR FEDERAL AGENCY, SHALL SUBMIT EVIDENCE
 TO  THE SECRETARY OF STATE, IN A FORM AND MANNER TO BE PRESCRIBED BY THE
 SECRETARY, OF  ANY  LICENSE,  REGISTRATION,  CHARTER,  CERTIFICATION  OR
 INCORPORATION  ISSUED BY AN AGENCY OR GOVERNMENTAL ENTITY IN THIS OR ANY
 OTHER STATE.
   12. ENFORCEMENT. A. EVERY VIOLATION OF THIS SECTION SHALL BE DEEMED  A
 DECEPTIVE  ACT AND PRACTICE SUBJECT TO ENFORCEMENT UNDER ARTICLE TWENTY-
 TWO-A OF THIS CHAPTER. IN ADDITION, THE DISTRICT ATTORNEY, COUNTY ATTOR-
 NEY, AND THE CORPORATION COUNSEL SHALL HAVE CONCURRENT AUTHORITY TO SEEK
 THE RELIEF IN PARAGRAPH B OF THIS SUBDIVISION, AND ALL  CIVIL  PENALTIES
 OBTAINED  IN  ANY  SUCH  ACTION SHALL BE RETAINED BY THE MUNICIPALITY OR
 COUNTY.
   B. IN EVERY CASE WHERE THE COURT SHALL DETERMINE THAT A  VIOLATION  OF
 THIS  SECTION  HAS  OCCURRED,  IT MAY IMPOSE A CIVIL PENALTY OF NOT LESS
 THAN ONE THOUSAND DOLLARS NOR MORE THAN TWO THOUSAND  DOLLARS  FOR  EACH
 VIOLATION  PROVIDED  THAT  FOR  A VIOLATION OF SUBDIVISION SEVEN OF THIS
 SECTION, THE COURT MAY IMPOSE A CIVIL PENALTY  OF  NOT  LESS  THAN  FIVE
 THOUSAND  DOLLARS NOR MORE THAN TEN THOUSAND DOLLARS FOR EACH VIOLATION.
 SUCH PENALTY SHALL BE IN ADDITION  TO  THE  DENIAL  OF  REGISTRATION  OR
 RENEWAL,  SUSPENSION  OF  REGISTRATION  OR REVOCATION OF REGISTRATION OR
 ASSESSMENT OF A FINE AUTHORIZED BY SUBDIVISION FOUR OF THIS SECTION.
   C. ANY PERSON WHO CONTRACTS  WITH  A  TELEMARKETER  FOR  TELEMARKETING
 SERVICES  AND  HAS  ACTUAL  KNOWLEDGE THAT THE TELEMARKETER IS ACTING IN
 VIOLATION OF THIS SECTION SHALL BE DEEMED TO BE  IN  VIOLATION  OF  THIS

 S. 7508                            87                            A. 9508
 
 SECTION,  UNLESS  SUCH  PERSON  TAKES REASONABLE MEASURES TO PREVENT AND
 CORRECT ANY CONDUCT THAT VIOLATES THIS SECTION.
   D.  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO RESTRICT ANY RIGHT
 WHICH ANY PERSON MAY HAVE UNDER ANY OTHER STATUTE OR THE COMMON LAW.
   13. CRIMINAL PENALTIES. ANY  PERSON  WHO  IS  CONVICTED  OF  KNOWINGLY
 VIOLATING  PARAGRAPH  A  OR  B  OF  SUBDIVISION  TWO OF THIS SECTION, OR
 SUBPARAGRAPH (II), (III), (IV) OR (V) OF PARAGRAPH A OF SUBDIVISION FIVE
 OF THIS SECTION SHALL BE GUILTY OF A CLASS B MISDEMEANOR. ANY PERSON WHO
 IS CONVICTED OF KNOWINGLY VIOLATING SUBPARAGRAPH (XI) OR (XII) OF  PARA-
 GRAPH A OF SUBDIVISION FIVE OF THIS SECTION SHALL BE GUILTY OF A CLASS A
 MISDEMEANOR.
   14.  SEPARABILITY  CLAUSE;  CONSTRUCTION.  IF ANY PART OR PROVISION OF
 THIS SECTION OR THE APPLICATION THEREOF TO ANY PERSON  OR  CIRCUMSTANCES
 BE  ADJUDGED  INVALID BY ANY COURT OF COMPETENT JURISDICTION, SUCH JUDG-
 MENT SHALL BE CONFINED IN ITS  OPERATIONS  TO  THE  PART,  PROVISION  OR
 APPLICATION  DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT
 SHALL HAVE BEEN RENDERED AND SHALL NOT AFFECT OR IMPAIR THE VALIDITY  OF
 THE  REMAINDER  OF  THIS  SECTION  OR  THE  APPLICATION THEREOF TO OTHER
 PERSONS OR CIRCUMSTANCES.
   § 2. Sections 399-z, 399-p and 399-pp of the general business law  are
 REPEALED.
   § 3. This act shall take effect immediately.
 
                                  PART U
 
   Section 1. Section 70 of the state law is amended to read as follows:
   § 70. Description  of  the  arms  of the state and the state flag. The
 device of arms of this state[, as  adopted  March  sixteenth,  seventeen
 hundred and seventy-eight,] is hereby declared to be correctly described
 as follows:
   Charge. Azure, in a landscape, the sun in fess, rising in splendor or,
 behind a range of three mountains, the middle one the highest; in base a
 ship  and  sloop  under  sail,  passing  and  about  to meet on a river,
 bordered below by a grassy shore fringed with shrubs, all proper.
   Crest. On a wreath azure and or, an American eagle proper,  rising  to
 the  dexter  from a two-thirds of a globe terrestrial, showing the north
 Atlantic ocean with outlines of its shores.
   Supporters. On a quasi compartment formed  by  the  extension  of  the
 scroll.
   Dexter.  The  figure  of Liberty proper, her hair disheveled and deco-
 rated with pearls, vested azure, sandaled gules, about the waist a cinc-
 ture or, fringed gules, a mantle of the last depending from  the  shoul-
 ders  behind  to  the  feet,  in the dexter hand a staff ensigned with a
 Phrygian cap or, the sinister  arm  embowed,  the  hand  supporting  the
 shield  at  the  dexter  chief point, a royal crown by her sinister foot
 dejected.
   Sinister. The figure of Justice proper, her hair disheveled and  deco-
 rated  with pearls, vested or, about the waist a cincture azure, fringed
 gules, sandaled and mantled as Liberty, bound  about  the  eyes  with  a
 fillet  proper,  in  the  dexter hand a straight sword hilted or, erect,
 resting on the sinister chief point of  the  shield,  the  sinister  arm
 embowed, holding before her her scales proper.
   Motto.  On  a scroll below the shield argent, in sable, TWO LINES.  ON
 LINE ONE, Excelsior AND ON LINE TWO, E PLURIBUS UNUM.

 S. 7508                            88                            A. 9508
 
   State flag. The state flag is hereby declared to be blue, charged with
 the arms of the state in the colors as described in the blazon  of  this
 section.
   §  2.  (a) Any state flag, object, or printed materials containing the
 depiction of the former arms of the state may continue to be used  until
 such  flag,  object,    or printed materials' useful life has expired or
 until the person possessing  such  flag,  object,  or  printed  material
 replaces  it.  Such  continued  use  shall not constitute a violation of
 section seventy-two of the state law.
   (b) Any electronic depiction of the arms of the state shall be updated
 within 60 days of the effective date of this act.
   (c) No state agency, local government, or public  authority  shall  be
 required  to replace a flag solely because such flag contains the former
 arms of the state.
   § 3. The secretary of state shall begin to use the new seal as of  the
 effective date of this act.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become  a law. Effective immediately, the department of
 state  is  authorized  to  take  any  action,  including  entering  into
 contracts,  that  is necessary for the timely implementation of this act
 on its effective date.
 
                                  PART V
 
   Section 1. Subdivision 1 of section  130  of  the  executive  law,  as
 amended  by  section 1 of subpart D of part II of chapter 55 of the laws
 of 2019, is amended to read as follows:
   1. The secretary of state may appoint and commission as many  notaries
 public for the state of New York as in his or her judgment may be deemed
 best,  whose  jurisdiction  shall be co-extensive with the boundaries of
 the state. The appointment of a notary public shall be  for  a  term  of
 four  years. An application for an appointment as notary public shall be
 in form and set forth such matters  as  the  secretary  of  state  shall
 prescribe.  Every person appointed as notary public must, at the time of
 his or her appointment, be [a citizen of the United States and either] a
 resident of the state of New York or have an office or place of business
 in New York state. A notary public who is a resident of  the  state  and
 who moves out of the state but still maintains a place of business or an
 office  in  New York state does not vacate his or her office as a notary
 public. A notary public who is a nonresident and who ceases to  have  an
 office  or place of business in this state, vacates his or her office as
 a notary public. A notary public who is a resident of New York state and
 moves out of the state and who does not retain an  office  or  place  of
 business  in  this  state  shall  vacate  his  or her office as a notary
 public. A non-resident who accepts the office of notary public  in  this
 state  thereby  appoints  the secretary of state as the person upon whom
 process can be served on his or her behalf. Before issuing to any appli-
 cant a commission as notary public, unless he or she be an attorney  and
 counsellor  at  law  duly  admitted to practice in this state or a court
 clerk of the unified court system who has been appointed to  such  posi-
 tion  after  taking a civil service promotional examination in the court
 clerk series of titles, the secretary of state shall satisfy himself  or
 herself  that  the  applicant is of good moral character, has the equiv-
 alent of a common school education and is familiar with the  duties  and
 responsibilities  of  a  notary  public; provided, however, that where a
 notary public applies, before the expiration of his  or  her  term,  for

 S. 7508                            89                            A. 9508

 reappointment  with  the  county  clerk  or where a person whose term as
 notary public shall have expired applies within  six  months  thereafter
 for  reappointment as a notary public with the county clerk, such quali-
 fying requirements may be waived by the secretary of state, and further,
 where  an  application  for reappointment is filed with the county clerk
 after the expiration of the aforementioned renewal period  by  a  person
 who  failed  or was unable to re-apply by reason of his or her induction
 or enlistment in the armed forces of the United States, such  qualifying
 requirements may also be waived by the secretary of state, provided such
 application  for reappointment is made within a period of one year after
 the military discharge of the  applicant  under  conditions  other  than
 dishonorable.  In  any  case,  the  appointment  or reappointment of any
 applicant is in the discretion of the secretary of state. The  secretary
 of  state  may suspend or remove from office, for misconduct, any notary
 public appointed by him or her but no such removal shall be made  unless
 the  person  who  is  sought to be removed shall have been served with a
 copy of the charges against him or her and have an opportunity of  being
 heard.  No person shall be appointed as a notary public under this arti-
 cle who has been convicted, in this state or any other state or territo-
 ry, of a crime, unless the secretary makes a finding in conformance with
 all applicable statutory  requirements,  including  those  contained  in
 article  twenty-three-A  of the correction law, that such convictions do
 not constitute a bar to appointment.
   § 2. Subdivision 1 of section 130 of the executive law, as amended  by
 chapter 490 of the laws of 2019, is amended to read as follows:
   1.  The secretary of state may appoint and commission as many notaries
 public for the state of New York as in his or her judgment may be deemed
 best, whose jurisdiction shall be co-extensive with  the  boundaries  of
 the  state.  The  appointment  of a notary public shall be for a term of
 four years. An application for an appointment as notary public shall  be
 in  form  and  set  forth  such  matters as the secretary of state shall
 prescribe. Every person appointed as notary public must, at the time  of
 his or her appointment, be [a citizen of the United States and either] a
 resident of the state of New York or have an office or place of business
 in  New  York  state. A notary public who is a resident of the state and
 who moves out of the state but still maintains a place of business or an
 office in New York state does not vacate his or her office as  a  notary
 public.  A  notary public who is a nonresident and who ceases to have an
 office or place of business in this state, vacates his or her office  as
 a notary public. A notary public who is a resident of New York state and
 moves  out  of  the  state and who does not retain an office or place of
 business in this state shall vacate  his  or  her  office  as  a  notary
 public.  A  non-resident who accepts the office of notary public in this
 state thereby appoints the secretary of state as the  person  upon  whom
 process can be served on his or her behalf. Before issuing to any appli-
 cant  a commission as notary public, unless he or she be an attorney and
 counsellor at law duly admitted to practice in this  state  or  a  court
 clerk  of  the unified court system who has been appointed to such posi-
 tion after taking a civil service promotional examination in  the  court
 clerk  series of titles, the secretary of state shall satisfy himself or
 herself that the applicant is of good moral character,  has  the  equiv-
 alent  of  a common school education and is familiar with the duties and
 responsibilities of a notary public; provided,  however,  that  where  a
 notary  public  applies,  before  the expiration of his or her term, for
 reappointment with the county clerk or where  a  person  whose  term  as
 notary  public  shall  have expired applies within six months thereafter

 S. 7508                            90                            A. 9508
 
 for reappointment as a notary public with the county clerk, such  quali-
 fying requirements may be waived by the secretary of state, and further,
 where  an  application  for reappointment is filed with the county clerk
 after  the  expiration  of the aforementioned renewal period by a person
 who failed or was unable to re-apply by reason of his or  her  induction
 or  enlistment in the armed forces of the United States, such qualifying
 requirements may also be waived by the secretary of state, provided such
 application for reappointment is made within a period of one year  after
 the  military  discharge  of  the  applicant under conditions other than
 dishonorable, or if the applicant has a qualifying condition, as defined
 in section three hundred fifty of this chapter, within a period  of  one
 year after the applicant has received a discharge other than bad conduct
 or  dishonorable  from such service, or if the applicant is a discharged
 LGBT veteran, as defined in section three hundred fifty of this chapter,
 within a period of one year after the applicant has received a discharge
 other than bad conduct or dishonorable from such service. In  any  case,
 the  appointment  or reappointment of any applicant is in the discretion
 of the secretary of state. The secretary of state may suspend or  remove
 from  office,  for misconduct, any notary public appointed by him or her
 but no such removal shall be made unless the person who is sought to  be
 removed shall have been served with a copy of the charges against him or
 her  and  have  an  opportunity  of  being  heard.    No person shall be
 appointed as a notary public under this article who has been  convicted,
 in  this  state  or any other state or territory, of a crime, unless the
 secretary makes a finding in conformance with all  applicable  statutory
 requirements, including those contained in article twenty-three-A of the
 correction  law,  that  such  convictions  do  not  constitute  a bar to
 appointment.
   § 3. Section 440-a of the real property law, as amended by  section  1
 of subpart G of part II of chapter 55 of the laws of 2019, is amended to
 read as follows:
   §  440-a.  License  required  for real estate brokers and salesmen. No
 person, co-partnership, limited liability company or  corporation  shall
 engage  in  or  follow the business or occupation of, or hold himself or
 itself out or act temporarily or otherwise as a real  estate  broker  or
 real  estate  salesman  in  this state without first procuring a license
 therefor as provided in this article. No person shall be entitled  to  a
 license  as  a real estate broker under this article, either as an indi-
 vidual or as a member of a co-partnership, or as a member or manager  of
 a limited liability company or as an officer of a corporation, unless he
 or  she  is twenty years of age or over[, a citizen of the United States
 or an alien lawfully admitted for  permanent  residence  in  the  United
 States].  No  person  shall  be  entitled  to a license as a real estate
 salesman under this article unless he or she is over the age of eighteen
 years. No person shall be entitled to a license as a real estate  broker
 or  real  estate  salesman  under this article who has been convicted in
 this state or elsewhere of a crime, unless the secretary makes a finding
 in conformance with all  applicable  statutory  requirements,  including
 those  contained  in  article twenty-three-A of the correction law, that
 such convictions do not constitute a bar to licensure. No  person  shall
 be entitled to a license as a real estate broker or real estate salesman
 under  this  article who does not meet the requirements of section 3-503
 of the general obligations law.
   Notwithstanding anything to the contrary in this section, tenant asso-
 ciations and not-for-profit corporations authorized in  writing  by  the
 commissioner  of  the  department  of  the city of New York charged with

 S. 7508                            91                            A. 9508
 
 enforcement of the housing maintenance code of such city to manage resi-
 dential property owned by such city or appointed by a court of competent
 jurisdiction to manage residential property owned by such city shall  be
 exempt from the licensing provisions of this section with respect to the
 properties so managed.
   §  4.  Subdivision  1  of  section  72 of the general business law, as
 amended by chapter 164 of the laws  of  2003,  is  amended  to  read  as
 follows:
   1.  If  the applicant is a person, the application shall be subscribed
 by such person, and if the applicant is a firm or partnership the appli-
 cation shall be subscribed by each individual composing or intending  to
 compose  such  firm or partnership. The application shall state the full
 name, age, residences within the past three years, present and  previous
 occupations of each person or individual so signing the same, [that each
 person  or  individual  is  a  citizen  of the United States or an alien
 lawfully admitted for permanent residence  in  the  United  States]  and
 shall  also  specify  the name of the city, town or village, stating the
 street and number, if the premises have a street and number, and  other-
 wise such apt description as will reasonably indicate the location ther-
 eof,  where  is  to  be  located the principal place of business and the
 bureau, agency, sub-agency,  office  or  branch  office  for  which  the
 license  is  desired,  and  such further facts as may be required by the
 department of state to show the good character, competency and integrity
 of each person or individual so signing such application. Each person or
 individual signing such application shall, together with  such  applica-
 tion,  submit  to  the department of state, his photograph, taken within
 six months prior thereto in duplicate, in passport  size  and  also  two
 sets  of fingerprints of his two hands recorded in such manner as may be
 specified by the secretary of state or the secretary of state's  author-
 ized  representative.  Before approving such application it shall be the
 duty of the secretary of state or the secretary  of  state's  authorized
 representative  to forward one copy of such fingerprints to the division
 of criminal justice services. Upon receipt of  such  fingerprints,  such
 division  shall  forward to the secretary of state a report with respect
 to the applicant's previous criminal history, if  any,  or  a  statement
 that  the  applicant  has  no previous criminal history according to its
 files. If additional copies of fingerprints are required  the  applicant
 shall  furnish  them upon request. Such fingerprints may be submitted to
 the federal bureau of investigation  for  a  national  criminal  history
 record  check.  The  secretary shall reveal the name of the applicant to
 the chief of police and the district attorney of the  applicant's  resi-
 dence  and of the proposed place of business and shall request of them a
 report concerning the applicant's character in the event they shall have
 information concerning it. The secretary shall take such other steps  as
 may be necessary to investigate the honesty, good character and integri-
 ty  of  each  applicant.  Every  such applicant for a license as private
 investigator shall establish to the satisfaction  of  the  secretary  of
 state  (a)  if the applicant be a person, or, (b) in the case of a firm,
 limited liability company, partnership  or  corporation,  at  least  one
 member  of  such  firm, partnership, limited liability company or corpo-
 ration, has been regularly employed, for a period of not less than three
 years, undertaking such investigations as those described  as  performed
 by  a  private investigator in subdivision one of section seventy-one of
 this article, as a sheriff, police officer in a city  or  county  police
 department,  or  the division of state police, investigator in an agency
 of the state, county, or United States  government,  or  employee  of  a

 S. 7508                            92                            A. 9508
 
 licensed  private  investigator,  or  has had an equivalent position and
 experience or that such person or member was an  employee  of  a  police
 department who rendered service therein as a police officer for not less
 than  twenty  years or was an employee of a fire department who rendered
 service therein as a fire marshal for not less than twenty years. Howev-
 er, employment as a watchman, guard or private patrolman  shall  not  be
 considered  employment  as a "private investigator" for purposes of this
 section. Every such applicant for a license as watch,  guard  or  patrol
 agency shall establish to the satisfaction of the secretary of state (a)
 if  the  applicant  be  a person, or, (b) in the case of a firm, limited
 liability company, partnership or corporation, at least  one  member  of
 such  firm,  partnership,  limited liability company or corporation, has
 been regularly employed, for a  period  of  not  less  than  two  years,
 performing  such duties or providing such services as described as those
 performed or furnished by a watch, guard or patrol agency in subdivision
 two of section seventy-one of this article, as a sheriff, police officer
 in a city or county police department, or employee of an agency  of  the
 state,  county or United States government, or licensed private investi-
 gator or watch, guard or patrol agency, or has had an  equivalent  posi-
 tion  and  experience;  qualifying  experience shall have been completed
 within such period of time and at such time prior to the filing  of  the
 application  as  shall  be  satisfactory  to the secretary of state. The
 person or member meeting the experience requirement under this  subdivi-
 sion and the person responsible for the operation and management of each
 bureau,  agency,  sub-agency,  office  or branch office of the applicant
 shall provide sufficient proof of having  taken  and  passed  a  written
 examination  prescribed  by  the secretary of state to test their under-
 standing of their rights, duties and powers as  a  private  investigator
 and/or  watchman, guard or private patrolman, depending upon the work to
 be performed under the license. In the case of an application subscribed
 by a resident of the  state  of  New  York  such  application  shall  be
 approved,  as to each resident person or individual so signing the same,
 but not less than five reputable citizens of the community in which such
 applicant resides or transacts business, or in which it is  proposed  to
 own,  conduct, manage or maintain the bureau, agency, sub-agency, office
 or branch office for which the license is desired, each  of  whom  shall
 subscribe  and  affirm  as true, under the penalties of perjury, that he
 has personally known the said person or individual for a  period  of  at
 least  five  years  prior to the filing of such application, that he has
 read such application and believes each of the statements  made  therein
 to be true, that such person is honest, of good character and competent,
 and  not  related  or  connected to the person so certifying by blood or
 marriage. In the case of an application subscribed by a non-resident  of
 the  state  of  New  York such application shall be approved, as to each
 non-resident person or individual so signing the same by not  less  than
 five  reputable  citizens  of  the  community  in  which  such applicant
 resides. The certificate of approval shall be signed by  such  reputable
 citizens  and  duly  verified and acknowledged by them before an officer
 authorized to take oaths and acknowledgment of deeds. All provisions  of
 this  section, applying to corporations, shall also apply to joint-stock
 associations, except that each such joint-stock association shall file a
 duly certified copy of its certificate of organization in the  place  of
 the certified copy of its certificate of incorporation herein required.
   §  5.  Subdivision  2  of  section  81 of the general business law, as
 amended by chapter 756 of the laws of 1952 and paragraph (b) as  amended
 by chapter 133 of the laws of 1982, is amended to read as follows:

 S. 7508                            93                            A. 9508
 
   2.  No  person  shall hereafter be employed by any holder of a license
 certificate until he shall have executed and furnished to  such  license
 certificate  holder  a  verified  statement,  to be known as "employee's
 statement," setting forth:
   (a) His full name, age and residence address.
   (b)  [That  the  applicant  for  employment is a citizen of the United
 States or an alien lawfully admitted  for  permanent  residence  in  the
 United States.
   (c)]  The  business or occupation engaged in for the three years imme-
 diately preceding the date of the filing of the statement, setting forth
 the place or places where such business or occupation  was  engaged  in,
 and the name or names of employers, if any.
   [(d)] (C) That he has not been convicted of a felony or of any offense
 involving  moral  turpitude  or  of  any of the misdemeanors or offenses
 described in subdivision one of this section.
   [(e)] (D) Such further information as the department of state  may  by
 rule  require  to  show the good character, competency, and integrity of
 the person executing the statement.
   § 6. Subdivision 4 of section 89-h of the  general  business  law,  as
 added by chapter 336 of the laws of 1992, is amended to read as follows:
   [4. Citizenship: be a citizen or resident alien of the United States;]
   §  7.  This  act  shall  take  effect  immediately; provided, however,
 section two of this act shall take effect on the same date  and  in  the
 same  manner  as  section  36  of chapter 490 of the laws of 2019, takes
 effect.
 
                                  PART W
 
   Section 1. Paragraph (c) of subdivision 1 of section 444-e of the real
 property law, as amended by chapter 541 of the laws of 2019, is  amended
 to read as follows:
   (c) have passed the National Home Inspector examination OR AN EXAMINA-
 TION  OFFERED  BY  THE SECRETARY, IN ANY FORMAT, THAT IN THE JUDGMENT OF
 THE SECRETARY SUFFICIENTLY TESTS SUCH  APPLICANT  TO  BE  ENGAGED  AS  A
 PROFESSIONAL HOME INSPECTOR; and
   §  2. This act shall take effect immediately and shall apply to appli-
 cations for a license as a professional home inspector  received  on  or
 after November 25, 2019.

                                  PART X
 
   Section  1.  Paragraph  (e) of section 104 of the business corporation
 law, as amended by chapter 832 of the laws of 1982, is amended  to  read
 as follows:
   (e) If an instrument which is delivered to the department of state for
 filing  complies  as  to form with the requirements of law and there has
 been attached to it the consent  or  approval  of  the  state  official,
 department,  board,  agency  or  other body, if any, whose consent to or
 approval of such instrument or the filing thereof  is  required  by  any
 statute  of  this  state and the filing fee and tax, if any, required by
 any statute of this state in connection therewith have  been  paid,  the
 instrument  shall  be  filed  and indexed by the department of state. No
 certificate of authentication or conformity  or  other  proof  shall  be
 required with respect to any verification, oath or acknowledgment of any
 instrument  delivered  to the department of state under this chapter, if
 such verification, oath or acknowledgment purports  to  have  been  made

 S. 7508                            94                            A. 9508
 
 before a notary public, or person performing the equivalent function, of
 one  of  the states, or any subdivision thereof, of the United States or
 the District of Columbia. Without limiting the effect  of  section  four
 hundred  three of this chapter, filing and indexing by the department of
 state shall not be deemed a finding that a certificate conforms to  law,
 nor  shall  it  be deemed to constitute an approval by the department of
 state of the name of the corporation or the contents of the certificate,
 nor shall it be deemed to prevent any person with  appropriate  standing
 from  contesting  the  legality  thereof  in  an  appropriate forum. THE
 INSTRUMENT'S DATE OF  FILING  SHALL  BE  THE  DATE  THE  INSTRUMENT  WAS
 RECEIVED  BY  THE  DEPARTMENT OF STATE FOR FILING. AN INSTRUMENT THAT IS
 DETERMINED BY THE DEPARTMENT OF STATE  TO  BE  UNACCEPTABLE  FOR  FILING
 SHALL  BE  RETURNED TO THE PERSON FILING THE INSTRUMENT WITH AN EXPLANA-
 TION OF THE REASON FOR THE REFUSAL TO FILE. IF  THE  FILER  RETURNS  THE
 CORRECTED  INSTRUMENT WITHIN THIRTY DAYS FROM THE DATE IT WAS ORIGINALLY
 RECEIVED BY THE DEPARTMENT OF STATE AND IT IS DETERMINED BY THE  DEPART-
 MENT OF STATE TO BE ACCEPTABLE FOR FILING, THE INSTRUMENT SHALL BE FILED
 AND  INDEXED  BY  THE  DEPARTMENT  OF  STATE  AND THE FILING DATE OF THE
 INSTRUMENT SHALL BE THE FILING DATE THAT WOULD HAVE BEEN APPLIED HAD THE
 ORIGINAL INSTRUMENT BEEN ACCEPTABLE FOR FILING.
   § 2. Paragraph (r) of section 104-A of the business corporation law is
 REPEALED.
   § 3. Section 408 of  the  business  corporation  law,  as  amended  by
 section 3 of part S of chapter 59 of the laws of 2015 and paragraph 1 as
 amended  by  chapter  747  of  the  laws  of 2019, is amended to read as
 follows:
 § 408. Statement; filing.
   1. [Except as provided in paragraph eight of this section, each]  EACH
 domestic  corporation,  and  each  foreign  corporation authorized to do
 business in this state, shall, during the applicable  filing  period  as
 determined  by  subdivision  three  of  this  section,  file a statement
 setting forth:
   (a) The name and business address of its chief executive officer.
   (b) The street address of its principal executive office.
   (c) The post office address within or without this state to which  the
 secretary  of  state  shall mail a copy of any process against it served
 upon him or her. Such address shall supersede any  previous  address  on
 file with the department of state for this purpose.
   (d) The number of directors constituting the board and how many direc-
 tors of such board are women.
   2.  [Except as provided in paragraph eight of this section, such] SUCH
 statement shall be made on forms prescribed by the secretary  of  state,
 and  the  information therein contained shall be given as of the date of
 the execution of  the  statement.  Such  statement  shall  only  request
 reporting  of  information required under paragraph one of this section.
 It shall be signed and delivered to the  department  of  state.  NO  FEE
 SHALL BE COLLECTED FOR THE FILING OF THE STATEMENT.
   3.  [Except  as  provided in paragraph eight of this section, for] FOR
 the purpose of this section the applicable filing period  for  a  corpo-
 ration shall be the calendar month during which its original certificate
 of  incorporation  or application for authority were filed or the effec-
 tive date thereof if stated. The applicable  filing  period  shall  only
 occur:    (a)  annually, during the period starting on April 1, 1992 and
 ending on March 31, 1994; and (b) biennially, during a  period  starting
 on  April  1  and ending on March 31 thereafter. Those corporations that
 filed between April 1, 1992 and June 30, 1994 shall not be  required  to

 S. 7508                            95                            A. 9508
 
 file such statements again until such time as they would have filed, had
 this subdivision not been amended.
   4. The provisions of paragraph (g) of section one hundred four of this
 chapter shall not be applicable to filings pursuant to this section.
   5.  The  provisions  of  this  section and section 409 of this article
 shall not apply to a farm corporation. For the purposes of this subdivi-
 sion, the term "farm corporation" shall mean any domestic corporation or
 foreign corporation authorized to do business in this state  under  this
 chapter  engaged  in  the  production  of crops, livestock and livestock
 products on land used in agricultural production, as defined in  section
 301  of  the  agriculture and markets law. However, this exception shall
 not apply to farm corporations  that  have  filed  statements  with  the
 department  of state which have been submitted through the department of
 taxation and finance pursuant to paragraph eight of this section.
   6. No such statement shall be accepted for filing when  a  certificate
 of resignation for receipt of process has been filed under section three
 hundred  six-A  of  this  chapter  unless  the  corporation has stated a
 different address for process which does not include  the  name  of  the
 party  previously  designated in the address for process in such certif-
 icate.
   7. A domestic corporation or foreign corporation may amend its  state-
 ment  to change the information required by subparagraphs (a) and (b) of
 paragraph one of this section. Such amendment shall  be  made  on  forms
 prescribed  by  the secretary of state. It shall be signed and delivered
 to the department of state. NO FEE SHALL BE COLLECTED FOR THE FILING  OF
 THE AMENDMENT.
   [8.  (a) The commissioner of taxation and finance and the secretary of
 state may agree to allow corporations to provide the statement specified
 in paragraph one of this section on tax reports filed with  the  depart-
 ment of taxation and finance in lieu of biennial statements. This agree-
 ment  may  apply  to  tax reports due for tax years starting on or after
 January first, two thousand sixteen.
   (b) If the agreement described in subparagraph (a) of  this  paragraph
 is  made,  each  corporation required to file the statement specified in
 paragraph one of this section that is also subject to tax under  article
 nine  or  nine-A of the tax law shall include such statement annually on
 its tax report filed with the department of taxation and finance in lieu
 of filing a statement under this section with the  department  of  state
 and  in a manner prescribed by the commissioner of taxation and finance.
 However, each corporation  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 corporation in  fact  has
 filed  a  tax  report  with  the department of taxation and finance that
 includes all required information.  After  that  time,  the  corporation
 shall  continue to deliver annually the statement specified in paragraph
 one of this section on its tax report in lieu of the biennial  statement
 required by this section.
   (c)  If  the agreement described in subparagraph (a) of this paragraph
 is made, the department of taxation and finance  shall  deliver  to  the
 department  of state for filing the statement specified in paragraph one
 of this section for each corporation that files a tax report  containing
 such  statement.  The  department  of  taxation and finance must, to the
 extent feasible, also include  the  current  name  of  the  corporation,
 department  of  state  identification  number  for such corporation, the
 name, signature and capacity of the signer of the  statement,  name  and

 S. 7508                            96                            A. 9508

 street  address of the filer of the statement, and the email address, if
 any, of the filer of the statement.]
   § 4. Section 409 of the business corporation law is REPEALED.
   §  5.  Subdivision  16 of section 96 of the executive law, as added by
 chapter 561 of the laws of 1990, is amended to read as follows:
   16. (A) Consistent with the provisions of the corporate  laws  of  the
 state  of  New  York,  the  department  of  state [shall] MAY produce or
 reproduce the content of any informational systems  maintained  pursuant
 to such laws. The secretary of state shall establish the type and amount
 of  the  reasonable  fees to be collected by the department of state for
 such informational systems. Such fees shall be subject  to  approval  of
 the  director  of  the  budget  and shall be promulgated in the official
 rules and regulations of the department of state in accordance with  the
 provisions of the state administrative procedure act.
   (B)  NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, THE DEPARTMENT
 OF STATE MAY MAKE THE CONTENT OF ANY SUCH INFORMATION SYSTEMS  AVAILABLE
 TO  THE  PUBLIC  ON ANY WEBSITE MAINTAINED BY THE DEPARTMENT OF STATE BY
 THE STATE WITHOUT CHARGE.
   § 6. Section 209 of the limited liability company law  is  amended  to
 read as follows:
   § 209. Filing  with  the  department  of  state.  A signed articles of
 organization and any signed certificate of amendment  or  other  certif-
 icates  filed  pursuant  to  this  chapter  or of any judicial decree of
 amendment or cancellation shall be delivered to the department of state.
 If the instrument that is delivered  to  the  department  of  state  for
 filing  complies  as to form with the requirements of law and the filing
 fee required by any statute of this state in  connection  therewith  has
 been  paid,  the instrument shall be filed and indexed by the department
 of state. The department of state shall  not  review  such  articles  or
 certificates  for  legal  sufficiency;  its  review  shall be limited to
 determining that the form has been completed.  THE INSTRUMENT'S DATE  OF
 FILING  SHALL  BE THE DATE THE INSTRUMENT WAS RECEIVED BY THE DEPARTMENT
 OF STATE FOR FILING. AN INSTRUMENT THAT IS DETERMINED BY THE  DEPARTMENT
 OF  STATE  TO BE UNACCEPTABLE FOR FILING SHALL BE RETURNED TO THE PERSON
 FILING THE INSTRUMENT WITH AN EXPLANATION OF THE REASON FOR THE  REFUSAL
 TO  FILE.  IF  THE  FILER RETURNS THE CORRECTED INSTRUMENT WITHIN THIRTY
 DAYS FROM THE DATE IT WAS ORIGINALLY RECEIVED BY THE DEPARTMENT OF STATE
 AND IT IS DETERMINED BY THE DEPARTMENT OF STATE  TO  BE  ACCEPTABLE  FOR
 FILING,  THE  INSTRUMENT SHALL BE FILED AND INDEXED BY THE DEPARTMENT OF
 STATE AND THE FILING DATE OF THE INSTRUMENT SHALL  BE  THE  FILING  DATE
 THAT WOULD HAVE BEEN APPLIED HAD THE ORIGINAL INSTRUMENT BEEN ACCEPTABLE
 FOR FILING.
   §  7.  Subdivision (e) of section 301 of the limited liability company
 law, as amended by section 5 of part S of chapter  59  of  the  laws  of
 2015, is amended to read as follows:
   (e)  [(1)  Except  as  otherwise  provided in this subdivision, every]
 EVERY limited liability company to which  this  chapter  applies,  shall
 biennially  in the calendar month during which its articles of organiza-
 tion or application for authority were filed, or effective date  thereof
 if  stated, file on forms prescribed by the secretary of state, a state-
 ment setting forth:
   (I) the post office address within or without this state to which  the
 secretary  of state shall mail a copy of any process accepted against it
 served upon him or  her.  Such  address  shall  supersede  any  previous
 address on file with the department of state for this purpose;

 S. 7508                            97                            A. 9508

   (II)  THE  NAME  AND  ADDRESS  OF ANY MANAGERS APPOINTED OR ELECTED IN
 ACCORDANCE WITH THE ARTICLES OF ORGANIZATION OR OPERATING AGREEMENT; AND
   (III)  THE  NAME  AND  ADDRESS  OF  THE  TEN  MEMBERS WITH THE LARGEST
 PERCENTAGE OWNERSHIP INTEREST, AS DETERMINED AS OF THE TIME  THE  STATE-
 MENT  IS FILED BY THE DEPARTMENT OF STATE. NO FEE SHALL BE COLLECTED FOR
 THE FILING OF THE STATEMENT.
   [(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.]
   §  8. Subdivision (c) of section 1101 of the limited liability company
 law is REPEALED.
   § 9. Paragraph (e) of section 104 of  the  not-for-profit  corporation
 law,  as  amended by chapter 833 of the laws of 1982, is amended to read
 as follows:
   (e) If an instrument which is delivered to the department of state for
 filing complies as to form with the requirements of law  and  there  has
 been  attached  to  it  the  consent  or  approval  of the supreme court
 justice, governmental body or officer, or, other person or body, if any,
 whose consent to or approval of such instrument or the filing thereof is
 required by any statute of this state and the filing  fee  and  tax,  if
 any,  required by any statute of this state in connection therewith have
 been paid, the instrument shall be filed and indexed by  the  department
 of  state. No certificate of authentication or conformity or other proof
 shall be required with respect to any verification, oath or  acknowledg-
 ment  of  any instrument delivered to the department of state under this
 chapter, if such verification, oath or acknowledgment purports  to  have
 been  made  before  a notary public, or person performing the equivalent

 S. 7508                            98                            A. 9508
 
 function, of one of the states,  or  any  subdivision  thereof,  of  the
 United  States  or the District of Columbia. Without limiting the effect
 of section four hundred three of this chapter, filing  and  indexing  by
 the department of state shall not be deemed a finding that a certificate
 conforms to law, nor shall it be deemed to constitute an approval by the
 department  of  state  of the name of the corporation or the contents of
 the certificate, nor shall it be  deemed  to  prevent  any  person  with
 appropriate  standing  from contesting the legality thereof in an appro-
 priate forum.  THE INSTRUMENT'S DATE OF FILING SHALL  BE  THE  DATE  THE
 INSTRUMENT  WAS  RECEIVED  BY  THE  DEPARTMENT  OF  STATE FOR FILING. AN
 INSTRUMENT THAT IS DETERMINED BY THE DEPARTMENT OF STATE TO BE UNACCEPT-
 ABLE FOR FILING SHALL BE RETURNED TO THE PERSON  FILING  THE  INSTRUMENT
 WITH  AN EXPLANATION OF THE REASON FOR THE REFUSAL TO FILE. IF THE FILER
 RETURNS THE CORRECTED INSTRUMENT WITHIN THIRTY DAYS FROM THE DATE IT WAS
 ORIGINALLY RECEIVED BY THE DEPARTMENT OF STATE AND IT IS  DETERMINED  BY
 THE  DEPARTMENT  OF  STATE  TO  BE ACCEPTABLE FOR FILING, THE INSTRUMENT
 SHALL BE FILED AND INDEXED BY THE DEPARTMENT OF  STATE  AND  THE  FILING
 DATE  OF  THE  INSTRUMENT  SHALL BE THE FILING DATE THAT WOULD HAVE BEEN
 APPLIED HAD THE ORIGINAL INSTRUMENT BEEN ACCEPTABLE FOR FILING.
   § 10. Section 121-206 of the partnership law, as added by chapter  950
 of the laws of 1990, is amended to read as follows:
   §  121-206.  Filing with the department of state. A signed certificate
 of limited partnership and any signed certificates of amendment or other
 certificates filed pursuant to this article or of any judicial decree of
 amendment or cancellation shall be delivered to the department of state.
 If the instrument which is delivered to  the  department  of  state  for
 filing  complies  as to form with the requirements of law and the filing
 fee required by any statute of this state in  connection  therewith  has
 been  paid,  the instrument shall be filed and indexed by the department
 of state. THE INSTRUMENT'S DATE OF FILING SHALL BE THE DATE THE  INSTRU-
 MENT  WAS  RECEIVED BY THE DEPARTMENT OF STATE FOR FILING. AN INSTRUMENT
 THAT IS DETERMINED BY THE DEPARTMENT OF STATE  TO  BE  UNACCEPTABLE  FOR
 FILING  SHALL  BE  RETURNED  TO THE PERSON FILING THE INSTRUMENT WITH AN
 EXPLANATION OF THE REASON FOR THE REFUSAL TO FILE. IF THE FILER  RETURNS
 THE  CORRECTED  INSTRUMENT  WITHIN  THIRTY  DAYS  FROM  THE  DATE IT WAS
 ORIGINALLY RECEIVED BY THE DEPARTMENT OF STATE AND IT IS  DETERMINED  BY
 THE  DEPARTMENT  OF  STATE  TO  BE ACCEPTABLE FOR FILING, THE INSTRUMENT
 SHALL BE FILED AND INDEXED BY THE DEPARTMENT OF  STATE  AND  THE  FILING
 DATE  OF  THE  INSTRUMENT  SHALL BE THE FILING DATE THAT WOULD HAVE BEEN
 APPLIED HAD THE ORIGINAL INSTRUMENT BEEN ACCEPTABLE FOR FILING.
   § 11. Subdivision (e) of section 121-1500 of the partnership  law,  as
 added by chapter 576 of the laws of 1994, is amended to read as follows:
   (e)  If  the  signed registration OR OTHER INSTRUMENT delivered to the
 department of state for filing complies as to form with the requirements
 of law and the filing fee required by any statute of this state has been
 paid, the [registration] INSTRUMENT shall be filed and  indexed  by  the
 department  of  state. THE INSTRUMENT'S DATE OF FILING SHALL BE THE DATE
 THE INSTRUMENT WAS RECEIVED BY THE DEPARTMENT OF STATE  FOR  FILING.  AN
 INSTRUMENT THAT IS DETERMINED BY THE DEPARTMENT OF STATE TO BE UNACCEPT-
 ABLE  FOR  FILING  SHALL BE RETURNED TO THE PERSON FILING THE INSTRUMENT
 WITH AN EXPLANATION OF THE REASON FOR THE REFUSAL TO FILE. IF THE  FILER
 RETURNS THE CORRECTED INSTRUMENT WITHIN THIRTY DAYS FROM THE DATE IT WAS
 ORIGINALLY  RECEIVED  BY THE DEPARTMENT OF STATE AND IT IS DETERMINED BY
 THE DEPARTMENT OF STATE TO BE  ACCEPTABLE  FOR  FILING,  THE  INSTRUMENT
 SHALL  BE  FILED  AND  INDEXED BY THE DEPARTMENT OF STATE AND THE FILING

 S. 7508                            99                            A. 9508
 
 DATE OF THE INSTRUMENT SHALL BE THE FILING DATE  THAT  WOULD  HAVE  BEEN
 APPLIED HAD THE ORIGINAL INSTRUMENT BEEN ACCEPTABLE FOR FILING.
   §  12.  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,  is
 amended to read as follows:
   (g)  Each registered limited liability partnership shall, within sixty
 days prior to the fifth anniversary of the effective date of its  regis-
 tration  and  every  five  years  thereafter, furnish a statement to the
 department of state setting forth: (i) the name of the registered limit-
 ed liability partnership, (ii) the address 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
 shall  mail a copy of any process accepted against it served upon him or
 her, which address shall supersede any previous address on file with the
 department of state for this purpose, and (iv) a statement  that  it  is
 eligible  to  register  as  a  registered  limited liability partnership
 pursuant to subdivision (a) of this  section.  The  statement  shall  be
 executed  by  one  or  more partners of the registered limited liability
 partnership. [The statement shall be accompanied  by  a  fee  of  twenty
 dollars  if  submitted  directly to the department of state. The commis-
 sioner of taxation and finance and the secretary of state may  agree  to
 allow registered limited liability partnerships to provide the statement
 specified  in  this subdivision on tax reports filed with the department
 of taxation and finance in lieu of statements filed  directly  with  the
 secretary  of  state  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
 registered limited liability partnership required to file the  statement
 specified  in 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 subdivision with the department of
 state. However, each registered limited liability  partnership  required
 to file a statement under this section must continue to file a statement
 with  the  department  of  state  as  required by this section until the
 registered limited liability partnership 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  registered  limited
 liability  partnership  shall continue to provide annually the statement
 specified in this subdivision on its filing fee payment form in lieu  of
 the statement required by this subdivision. The commissioner of taxation
 and  finance  shall  deliver  the  completed statement specified in this
 subdivision to the department of state for  filing.  The  department  of
 taxation  and finance must, to the extent feasible, also include in such
 delivery the current name of the registered limited  liability  partner-
 ship,  department  of  state  identification  number for such registered
 limited liability partnership, the name, signature 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  state-
 ment.]  NO  FEE SHALL BE COLLECTED FOR THE FILING OF THE STATEMENT. If a
 registered limited liability  partnership  shall  not  timely  file  the
 statement  required  by  this  subdivision, the department of state may,
 upon sixty days' notice mailed to the address of such registered limited
 liability partnership as shown in the last registration or statement  or
 certificate  of  amendment  filed  by  such registered limited liability

 S. 7508                            100                           A. 9508
 
 partnership, make a proclamation  declaring  the  registration  of  such
 registered  limited liability partnership to be revoked pursuant to this
 subdivision. The department of state shall file the  original  proclama-
 tion  in its office and shall publish a copy thereof in the state regis-
 ter no later than three months following the date of such  proclamation.
 [This  shall not apply to registered limited liability partnerships that
 have filed a statement with the department of state through the  depart-
 ment of taxation and finance.] Upon the publication of such proclamation
 in  the  manner  aforesaid,  the registration of each registered limited
 liability partnership named in such proclamation shall be deemed revoked
 without further legal  proceedings.  Any  registered  limited  liability
 partnership whose registration was so revoked may file in the department
 of  state  a  statement required by this subdivision. The filing of such
 statement shall have the effect of  annulling  all  of  the  proceedings
 theretofore  taken for the revocation of the registration of such regis-
 tered limited liability partnership under this subdivision and  (1)  the
 registered  limited  liability  partnership  shall  thereupon  have such
 powers, rights, duties and obligations as it had  on  the  date  of  the
 publication  of  the  proclamation, with the same force and effect as if
 such proclamation had not been made or published and (2)  such  publica-
 tion shall not affect the applicability of the provisions of subdivision
 (b)  of  section  twenty-six  of this chapter to any debt, obligation or
 liability incurred, created or assumed from the date of  publication  of
 the  proclamation  through  the date of the filing of the statement with
 the department of state. If, after the publication of such proclamation,
 it shall be determined by the department of state that the name  of  any
 registered  limited  liability  partnership  was erroneously included in
 such proclamation, the department of state shall make appropriate  entry
 on  its  records,  which entry shall have the effect of annulling all of
 the proceedings theretofore taken for the revocation of the registration
 of such registered limited liability partnership under this  subdivision
 and  (A)  such  registered limited liability partnership shall have such
 powers, rights, duties and obligations as it had  on  the  date  of  the
 publication  of  the  proclamation, with the same force and effect as if
 such proclamation had not been made or published and (B)  such  publica-
 tion shall not affect the applicability of the provisions of subdivision
 (b)  of  section  twenty-six  of this chapter to any debt, obligation or
 liability incurred, created or assumed from the date of  publication  of
 the  proclamation  through  the  date  of the making of the entry on the
 records of the  department  of  state.  Whenever  a  registered  limited
 liability  partnership whose registration was revoked shall have filed a
 statement pursuant to this subdivision or if the name  of  a  registered
 limited liability partnership was erroneously included in a proclamation
 and  such  proclamation  was  annulled,  the  department  of state shall
 publish a notice thereof in the state register.
   § 13. Subdivision (d) of section 121-1502 of the partnership  law,  as
 added by chapter 576 of the laws of 1994, is amended to read as follows:
   (d) If a signed notice OR OTHER INSTRUMENT delivered to the department
 of state for filing complies as to form with the requirements of law and
 the  filing fee required by any statute of this state has been paid, the
 [notice] INSTRUMENT shall be filed and  indexed  by  the  department  of
 state.  THE INSTRUMENT'S DATE OF FILING SHALL BE THE DATE THE INSTRUMENT
 WAS RECEIVED BY THE DEPARTMENT OF STATE FOR FILING. AN  INSTRUMENT  THAT
 IS  DETERMINED  BY THE DEPARTMENT OF STATE TO BE UNACCEPTABLE FOR FILING
 SHALL BE RETURNED TO THE PERSON FILING THE INSTRUMENT WITH  AN  EXPLANA-
 TION  OF  THE  REASON  FOR THE REFUSAL TO FILE. IF THE FILER RETURNS THE

 S. 7508                            101                           A. 9508
 
 CORRECTED INSTRUMENT WITHIN THIRTY DAYS FROM THE DATE IT WAS  ORIGINALLY
 RECEIVED  BY THE DEPARTMENT OF STATE AND IT IS DETERMINED BY THE DEPART-
 MENT OF STATE TO BE ACCEPTABLE FOR FILING, THE INSTRUMENT SHALL BE FILED
 AND  INDEXED  BY  THE  DEPARTMENT  OF  STATE  AND THE FILING DATE OF THE
 INSTRUMENT SHALL BE THE FILING DATE THAT WOULD HAVE BEEN APPLIED HAD THE
 ORIGINAL INSTRUMENT BEEN ACCEPTABLE FOR FILING.  If  a  foreign  limited
 liability  partnership  that  is  a  New York registered foreign limited
 liability partnership dissolves, a foreign limited liability partnership
 which is the successor to  such  New  York  registered  foreign  limited
 liability partnership (i) shall not be required to file a new notice and
 shall  be  deemed  to have filed the notice filed by the New York regis-
 tered foreign limited liability partnership pursuant to subdivision  (a)
 of  this  section,  as  well  as any withdrawal notice filed pursuant to
 subdivision (e) of this section, any statement or certificate of consent
 filed pursuant to subdivision (f) of this  section  and  any  notice  of
 amendment  filed  pursuant  to  subdivision (i) of this section and (ii)
 shall be bound by any revocation of status pursuant to  subdivision  (f)
 of  this  section  and  any  annulment  thereof of the dissolved foreign
 limited liability partnership that was a  New  York  registered  foreign
 limited  liability  partnership. For purposes of this section, a foreign
 limited liability partnership  is  a  successor  to  a  foreign  limited
 liability  partnership  that  was  a New York registered foreign limited
 liability partnership if a  majority  of  the  total  interests  in  the
 current  profits of such successor foreign limited liability partnership
 are held by partners of the predecessor foreign limited liability  part-
 nership  that  was a New York registered foreign limited liability part-
 nership who were partners of such  predecessor  partnership  immediately
 prior to the dissolution of such predecessor partnership.
   §  14.  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:
   (I)  Each  New  York  registered foreign limited liability partnership
 shall, within sixty days prior to the fifth anniversary of the effective
 date of its notice and every five years thereafter, furnish a  statement
 to the department of state setting forth:
   (i)  the  name  under  which  the  New York registered foreign limited
 liability partnership is carrying on or conducting or transacting  busi-
 ness  or  activities  in  this  state, (ii) the address 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
 secretary  of state shall mail a copy of any process accepted against it
 served upon him or her,  which  address  shall  supersede  any  previous
 address  on file with the department of state for this purpose, and (iv)
 a statement that it is a  foreign  limited  liability  partnership.  The
 statement  shall  be  executed  by  one or more partners of the New York
 registered foreign limited liability partnership. [The  statement  shall
 be  accompanied  by  a fee of fifty dollars if submitted directly to the
 department of state. The commissioner of taxation and  finance  and  the
 secretary of state may agree to allow New York registered foreign limit-
 ed  liability  partnerships  to  provide the statement specified in this
 paragraph on tax reports filed  with  the  department  of  taxation  and
 finance in lieu of statements filed directly with the secretary of state
 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 New York registered
 foreign limited liability partnership required  to  file  the  statement

 S. 7508                            102                           A. 9508

 specified in this paragraph 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 paragraph directly with the  department
 of  state.  However,  each New York registered foreign limited liability
 partnership required to file a statement under this section must contin-
 ue to file a statement with the department of state as required by  this
 section until the New York registered foreign limited liability partner-
 ship  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  New  York  registered  foreign limited liability partnership
 shall continue to provide annually the statement specified in this para-
 graph on its filing fee payment form in lieu  of  filing  the  statement
 required  by  this  paragraph directly with the department of state. The
 commissioner of taxation and finance shall deliver the completed  state-
 ment  specified in this paragraph to the department of state for filing.
 The department of taxation and finance must,  to  the  extent  feasible,
 also  include  in  such delivery the current name of the New York regis-
 tered foreign limited liability partnership, department of  state  iden-
 tification number for such New York registered foreign limited liability
 partnership,  the  name,  signature  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.] NO FEE SHALL
 BE COLLECTED FOR THE FILING OF THE STATEMENT. If a New  York  registered
 foreign  limited  liability partnership shall not timely file the state-
 ment required by this subdivision, the department  of  state  may,  upon
 sixty  days'  notice  mailed  to the address of such New York registered
 foreign limited liability partnership as shown in  the  last  notice  or
 statement  or certificate of amendment filed by such New York registered
 foreign limited liability partnership, make a proclamation declaring the
 status of such New York registered foreign limited liability partnership
 to be revoked pursuant to this subdivision. [This shall not apply to New
 York registered foreign limited liability partnerships that have filed a
 statement with the department of state through the department  of  taxa-
 tion and finance.] The department of state shall file the original proc-
 lamation  in  its  office  and shall publish a copy thereof in the state
 register no later than three months following the date of such proclama-
 tion. Upon the publication of such proclamation in the manner aforesaid,
 the status of each New York registered foreign limited  liability  part-
 nership  named  in  such  proclamation  shall  be deemed revoked without
 further legal proceedings.  Any  New  York  registered  foreign  limited
 liability  partnership  whose  status  was  so  revoked  may file in the
 department of state a statement required by this subdivision. The filing
 of such statement  shall  have  the  effect  of  annulling  all  of  the
 proceedings  theretofore  taken for the revocation of the status of such
 New York registered foreign limited  liability  partnership  under  this
 subdivision  and  (1)  the New York registered foreign limited liability
 partnership shall thereupon have such powers, rights, duties  and  obli-
 gations  as  it  had on the date of the publication of the proclamation,
 with the same force and effect as if such proclamation had not been made
 or published and (2) such publication shall not affect the applicability
 of the laws of the jurisdiction governing the agreement under which such
 New York registered foreign limited liability partnership  is  operating
 (including  laws governing the liability of partners) to any debt, obli-
 gation or liability incurred, created or assumed from the date of publi-

 S. 7508                            103                           A. 9508

 cation of the proclamation through the date of the filing of the  state-
 ment  with  the  department  of state. If, after the publication of such
 proclamation, it shall be determined by the department of state that the
 name  of  any  New York registered foreign limited liability partnership
 was erroneously included in such proclamation, the department  of  state
 shall  make appropriate entry on its records, which entry shall have the
 effect of annulling all of the proceedings  theretofore  taken  for  the
 revocation  of  the  status  of such New York registered foreign limited
 liability partnership under this  subdivision  and  (1)  such  New  York
 registered foreign limited liability partnership shall have such powers,
 rights,  duties and obligations as it had on the date of the publication
 of the proclamation, with the same force and effect as if such proclama-
 tion had not been made or published and (2) such publication  shall  not
 affect  the  applicability of the laws of the jurisdiction governing the
 agreement under which such New York registered foreign limited liability
 partnership is operating (including  laws  governing  the  liability  of
 partners)  to  any  debt,  obligation  or liability incurred, created or
 assumed from the date of publication of  the  proclamation  through  the
 date  of  the  making  of  the entry on the records of the department of
 state. Whenever a New York registered foreign limited liability partner-
 ship whose status was revoked shall have filed a statement  pursuant  to
 this subdivision or if the name of a New York registered foreign limited
 liability  partnership  was  erroneously  included in a proclamation and
 such proclamation was annulled, the department of state shall publish  a
 notice thereof in the state register.
   § 15. Subdivision 5 of section 192 of the tax law is REPEALED.
   § 16. Subdivision 5 of section 211 of the tax law is REPEALED.
   § 17. Subparagraph (e) of paragraph 3 of subsection (c) of section 658
 of the tax law is REPEALED.
   § 18. Subsection (v) of section 1085 of the tax law is REPEALED.
   § 19. Subsection (dd) of section 685 of the tax law is REPEALED.
   §  20.  This  act shall become effective upon the development of a new
 computerized filing system currently being developed by  the  department
 of  state;  provided further, however, that the secretary of state shall
 notify the legislative bill drafting commission upon the  occurrence  of
 the  development  of a new computerized filing system being developed by
 the department of state 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;  and  provided,  however, sections two, three, four, six,
 seven, eight, twelve, fourteen, fifteen,  sixteen,  seventeen,  eighteen
 and nineteen of this act shall take effect April 1, 2021.
 
                                  PART Y
 
   Section  1.  Expenditures  of  moneys appropriated in a chapter of the
 laws of 2020 to the department  of  agriculture  and  markets  from  the
 special  revenue  funds-other/state  operations,  miscellaneous  special
 revenue fund-339,  public  service  account  shall  be  subject  to  the
 provisions  of  this section. Notwithstanding any other provision of law
 to the contrary, direct and indirect expenses relating to the department
 of  agriculture  and  markets'  participation  in   general   ratemaking
 proceedings  pursuant to section 65 of the public service law or certif-
 ication proceedings pursuant to article 7 or 10 of  the  public  service
 law, shall be deemed expenses of the department of public service within

 S. 7508                            104                           A. 9508
 
 the  meaning  of  section  18-a of the public service law. No later than
 August 15, 2021, the commissioner of the department of  agriculture  and
 markets  shall submit an accounting of such expenses, including, but not
 limited  to,  expenses  in the 2020--2021 state fiscal year for personal
 and non-personal services and fringe  benefits,  to  the  chair  of  the
 public  service  commission  for  the  chair's  review  pursuant  to the
 provisions of section 18-a of the public service law.
   § 2. Expenditures of moneys appropriated in a chapter of the  laws  of
 2020  to  the  department  of  state  from  the  special  revenue funds-
 other/state operations, miscellaneous special revenue  fund-339,  public
 service  account  shall  be  subject  to the provisions of this section.
 Notwithstanding any other provision of law to the contrary,  direct  and
 indirect  expenses  relating  to  the  activities  of  the department of
 state's utility intervention unit pursuant to subdivision 4  of  section
 94-a  of  the executive law, including, but not limited to participation
 in general ratemaking proceedings pursuant to section 65 of  the  public
 service  law or certification proceedings pursuant to article 7 or 10 of
 the public service law, shall be deemed expenses of  the  department  of
 public  service within the meaning of section 18-a of the public service
 law.  No later than August 15, 2021, the secretary of state shall submit
 an accounting of such expenses, including, but not limited to,  expenses
 in  the  2020--2021  state  fiscal  year  for  personal and non-personal
 services and fringe benefits, to the chair of the public service commis-
 sion for the chair's review pursuant to the provisions of  section  18-a
 of the public service law.
   §  3.  Expenditures of moneys appropriated in a chapter of the laws of
 2020 to the office of parks, recreation and historic  preservation  from
 the  special revenue funds-other/state operations, miscellaneous special
 revenue fund-339,  public  service  account  shall  be  subject  to  the
 provisions  of  this section. Notwithstanding any other provision of law
 to the contrary, direct and indirect expenses relating to the office  of
 parks,  recreation  and historic preservation's participation in general
 ratemaking proceedings pursuant to section 65 of the public service  law
 or  certification  proceedings pursuant to article 7 or 10 of the public
 service law, shall be  deemed  expenses  of  the  department  of  public
 service within the meaning of section 18-a of the public service law. No
 later  than  August  15,  2021, the commissioner of the office of parks,
 recreation and historic preservation shall submit an accounting of  such
 expenses,  including,  but  not  limited  to, expenses in the 2020--2021
 state fiscal year for personal  and  non-personal  services  and  fringe
 benefits,  to the chair of the public service commission for the chair's
 review pursuant to the provisions of section 18-a of the public  service
 law.
   §  4.  Expenditures of moneys appropriated in a chapter of the laws of
 2020 to the department of environmental conservation  from  the  special
 revenue funds-other/state operations, environmental conservation special
 revenue  fund-301,  utility  environmental  regulation  account shall be
 subject to the provisions of this  section.  Notwithstanding  any  other
 provision  of law to the contrary, direct and indirect expenses relating
 to the department of environmental conservation's participation in state
 energy policy proceedings,  or  certification  proceedings  pursuant  to
 article  7  or 10 of the public service law, shall be deemed expenses of
 the department of public service within the meaning of section  18-a  of
 the  public service law. No later than August 15, 2021, the commissioner
 of the department of environmental conservation shall submit an account-
 ing of such expenses, including, but not limited  to,  expenses  in  the

 S. 7508                            105                           A. 9508
 
 2020--2021  state fiscal year for personal and non-personal services and
 fringe benefits, to the chair of the public service commission  for  the
 chair's  review pursuant to the provisions of section 18-a of the public
 service law.
   §  5. Notwithstanding any other law, rule or regulation to the contra-
 ry, expenses of  the  department  of  health  public  service  education
 program  incurred  pursuant  to appropriations from the cable television
 account of the state miscellaneous special revenue funds shall be deemed
 expenses of the department of public service. No later than  August  15,
 2021,  the  commissioner  of  the  department  of health shall submit an
 accounting of expenses in the 2020--2021 state fiscal year to the  chair
 of  the public service commission for the chair's review pursuant to the
 provisions of section 217 of the public service law.
   § 6. Any expense deemed to be expenses of  the  department  of  public
 service  pursuant  to sections one through four of this act shall not be
 recovered through assessments imposed  upon  telephone  corporations  as
 defined in subdivision 17 of section 2 of the public service law.
   §  7.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2020.
 
                                  PART Z
 
   Section 1. Section 25-a of the public service law, as added by section
 2 of part X of chapter 57 of the laws of 2013, is  amended  to  read  as
 follows:
   §  25-a.  Combination  gas  and  electric corporations; administrative
 sanctions; recovery of penalties. Notwithstanding  sections  twenty-four
 and  twenty-five  of this article: 1. Every combination gas and electric
 corporation and the officers thereof shall adhere to every provision  of
 this  chapter  and  every order or regulation adopted under authority of
 this chapter so long as the same shall be in force.
   2. (a) The commission shall have  the  authority  to  assess  a  civil
 penalty  IN  AN AMOUNT AS SET FORTH IN THIS SECTION AND IMPOSE ANY OTHER
 REQUIRED RELIEF against a combination gas and electric  corporation  and
 the  officers thereof subject to the jurisdiction, supervision, or regu-
 lation pursuant to this chapter [in an  amount  as  set  forth  in  this
 section]. In determining the amount of any penalty to be assessed pursu-
 ant  to this section, the commission shall consider: (i) the seriousness
 of the violation for which a penalty is  sought;  (ii)  the  nature  and
 extent of any previous violations for which penalties have been assessed
 against the corporation or officer; (iii) whether there was knowledge of
 the  violation;  (iv)  the  gross  revenues  and financial status of the
 corporation; and (v) such other  factors  as  the  commission  may  deem
 appropriate  and relevant. The remedies provided by this subdivision are
 in addition to any other remedies provided in law OR EQUITY.
   (b) [Whenever the commission has reason to believe that a  combination
 gas  and electric corporation or such officers thereof should be subject
 to imposition of a civil penalty as set forth in  this  subdivision,  it
 shall  notify  such  corporation or officer.] TO INFORM THE COMMISSION'S
 DECISION UNDER THIS SECTION, THE DEPARTMENT IS AUTHORIZED, PURSUANT TO A
 REFERRAL MADE BY THE CHIEF  EXECUTIVE  OFFICER  OF  THE  DEPARTMENT,  TO
 COMMENCE A PROCEEDING PURSUANT TO THIS SECTION UPON ISSUANCE OF A NOTICE
 OF  VIOLATION  IF IT BELIEVES THAT A COMBINATION GAS AND ELECTRIC CORPO-
 RATION, OR SUCH OFFICERS THEREOF, MAY BE  SUBJECT  TO  IMPOSITION  OF  A
 CIVIL  PENALTY AS SET FORTH IN THIS SUBDIVISION AND/OR SUCH OTHER RELIEF
 AS MAY BE REQUIRED TO ADDRESS SUCH ALLEGED VIOLATION. Such notice  shall

 S. 7508                            106                           A. 9508

 include,  but  shall  not  be  limited  to:  (i)  the  date  and a brief
 description of the facts and nature of each act or failure  to  act  for
 which  such penalty is proposed; (ii) a list of each statute, regulation
 or  order  that  the  [commission] DEPARTMENT alleges has been violated;
 [and] (iii) the amount of each penalty that the [commission]  DEPARTMENT
 proposes [to assess] BE ASSESSED; AND (IV) ANY PROPOSED ACTIONS THAT THE
 DEPARTMENT   DEEMS  NECESSARY  TO  ADDRESS  SUCH  ALLEGED  VIOLATION  OR
 VIOLATIONS. TO FURTHER INFORM THE COMMISSION'S DECISION PURSUANT TO THIS
 SUBDIVISION, THE DEPARTMENT IS AUTHORIZED TO  UNDERTAKE  ANY  ADDITIONAL
 ADMINISTRATIVE  OR  INVESTIGATORY  ACTIONS  RELATED TO SUCH VIOLATION OR
 VIOLATIONS, INCLUDING BUT NOT LIMITED TO, SERVICE OF  AN  ADMINISTRATIVE
 COMPLAINT,  IMPLEMENTATION  OF DISCOVERY, AND THE HOLDING OF EVIDENTIARY
 HEARINGS.
   (c) [Whenever the commission has reason to believe that a  combination
 gas  and electric corporation or such officers thereof should be subject
 to imposition of a civil penalty or  penalties  as  set  forth  in  this
 subdivision,  the commission shall hold a hearing to demonstrate why the
 proposed penalty or penalties should be assessed against  such  combina-
 tion  gas  and  electric corporation or such officers] ANY ASSESSMENT OF
 PENALTIES, RESOLUTION OF CLAIMS OR IMPOSITION OF OTHER RELIEF LEVIED  BY
 THE  DEPARTMENT  PURSUANT  TO  AN  INVESTIGATION OR COMPLIANT PROCEEDING
 COMMENCED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE SUBJECT
 TO REVIEW AND APPROVAL BY THE COMMISSION.
   3. Any combination gas and  electric  corporation  determined  by  the
 commission  to have failed to [reasonably] comply, as shown by a prepon-
 derance of the evidence, with a provision of this chapter, regulation or
 an order adopted under authority of this chapter so  long  as  the  same
 shall  be  in force shall forfeit a sum not exceeding the greater of one
 hundred thousand dollars or two one-hundredths of  one  percent  of  the
 annual  intrastate  gross  operating  revenue  of  the  corporation, not
 including taxes paid to and revenues collected on behalf  of  government
 entities,  constituting  a civil penalty for each and every offense and,
 in the case of a continuing violation, each day shall be deemed a  sepa-
 rate and distinct offense.
   4.  Notwithstanding  the  provisions  of  subdivision  three  of  this
 section, any such combination gas and electric corporation determined by
 the commission to have failed to [reasonably] comply with a provision of
 this chapter, or an order or regulation adopted under the  authority  of
 this  chapter  specifically  for  the  protection  of  human  safety  or
 prevention of significant damage to real property,  including,  but  not
 limited to, the commission's code of gas safety regulations shall, if it
 is  determined by the commission by a preponderance of the evidence that
 such safety violation caused or constituted  a  contributing  factor  in
 bringing  about:   (a) a death or personal injury; or (b) damage to real
 property in excess of fifty thousand  dollars,  forfeit  a  sum  not  to
 exceed the greater of:
   (i)  two hundred fifty thousand dollars or three one-hundredths of one
 percent of the annual intrastate gross operating revenue of  the  corpo-
 ration,  not including taxes paid to and revenues collected on behalf of
 government entities, whichever is greater, constituting a civil  penalty
 for  each  separate  and  distinct  offense; provided, however, that for
 purposes of this paragraph, each day of a continuing violation shall not
 be deemed a separate and distinct offense. The total period of a contin-
 uing violation, as well as every distinct violation, shall be  similarly
 treated  as  a  separate and distinct offense for purposes of this para-
 graph; or

 S. 7508                            107                           A. 9508

   (ii) the maximum forfeiture determined in accordance with  subdivision
 three of this section.
   5. Notwithstanding the provisions of subdivision three or four of this
 section,  a  combination  gas and electric corporation determined by the
 commission to have failed to [reasonably] comply by a  preponderance  of
 the evidence with a provision of this chapter, or an order or regulation
 adopted under authority of this chapter, designed to protect the overall
 reliability and continuity of electric service, including but not limit-
 ed to the restoration of electric service following a major outage event
 or emergency, shall forfeit a sum not to exceed the greater of:
   (a)  five  hundred  thousand  dollars  or  four  one-hundredths of one
 percent of the annual intrastate gross operating revenue of  the  corpo-
 ration,  not including taxes paid to and revenues collected on behalf of
 government entities, whichever is greater, constituting a civil  penalty
 for  each  separate  and  distinct  offense; provided, however, that for
 purposes of this paragraph each day of a continuing violation shall  not
 be deemed a separate and distinct offense. The total period of a contin-
 uing  violation,  as well as every distinct violation shall be similarly
 treated as a separate and distinct offense for purposes  of  this  para-
 graph; or
   (b)  the  maximum forfeiture determined in accordance with subdivision
 three of this section.
   6. Any officer of any combination gas and electric corporation  deter-
 mined  by  the commission to have violated the provisions of subdivision
 three, four, or five of this  section,  and  who  knowingly  violates  a
 provision of this chapter, regulation or an order adopted under authori-
 ty of this chapter so long as the same shall be in force shall forfeit a
 sum  not  to  exceed  one  hundred thousand dollars constituting a civil
 penalty for each and every offense and, in  the  case  of  a  continuing
 violation, each day shall be deemed a separate and distinct offense.
   7.  [Any  such  assessment  may  be compromised or discontinued by the
 commission.] All moneys recovered pursuant  to  this  section,  together
 with the costs thereof, shall be remitted to, or for the benefit of, the
 ratepayers in a manner to be determined by the commission.
   8.  Upon  a  failure  by a combination gas and electric corporation or
 officer to remit any penalty assessed by the commission pursuant to this
 section, the commission, through its counsel, may institute an action or
 special proceeding to collect the penalty in a court of competent juris-
 diction.
   9. Any payment made by a combination gas and electric  corporation  or
 the  officers  thereof  as a result of an assessment as provided in this
 section, and the cost of litigation and  investigation  related  to  any
 such assessment, shall not be recoverable from ratepayers.
   10.  In construing and enforcing the provisions of this chapter relat-
 ing to penalties, the act of any director, officer, agent or employee of
 a combined gas and electric corporation acting within the scope  of  his
 or  her  official  duties or employment shall be deemed to be the act of
 such corporation.
   11. It shall be a violation of this chapter should a director, officer
 or employee of a public utility company, corporation, person  acting  in
 his  or  her official duties or employment, or an agent acting on behalf
 of an employer take retaliatory  personnel  action  such  as  discharge,
 suspension, demotion, penalization or discrimination against an employee
 for  reporting  a  violation  of  a provision of this chapter [of] OR an
 order or regulation adopted under the authority of this chapter, includ-
 ing, but not limited to, those  governing  safe  and  adequate  service,

 S. 7508                            108                           A. 9508
 
 protection  of  human safety or prevention of significant damage to real
 property, including, but not limited to, the commission's  code  of  gas
 safety.    Nothing  in  this subdivision shall be deemed to diminish the
 rights,  privileges  or  remedies of any employee under any other law or
 regulation, including but not limited to article twenty-C of  the  labor
 law  and  section  seventy-five-b of the civil service law, or under any
 collective bargaining agreement or employment contract.
   § 2. The public service law is amended by adding a new section 25-b to
 read as follows:
   § 25-B.  ADMINISTRATIVE  ACTIONS  AGAINST  OTHER  REGULATED  ENTITIES.
 NOTWITHSTANDING  ANY  OTHER  PROVISION  OF THIS CHAPTER, SECTION TWENTY-
 FIVE-A OF THIS ARTICLE SHALL APPLY IN EQUAL FORCE TO:  (1)  AN  ELECTRIC
 CORPORATION  AS  DEFINED  IN SUBDIVISION THIRTEEN OF SECTION TWO OF THIS
 CHAPTER; (2) A GAS CORPORATION  AS  DEFINED  IN  SUBDIVISION  ELEVEN  OF
 SECTION  TWO  OF  THIS  CHAPTER; (3) A CABLE TELEVISION COMPANY OR CABLE
 TELEVISION SYSTEM AS DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION  TWO
 HUNDRED  TWELVE  OF THIS CHAPTER; (4) A TELEPHONE CORPORATION AS DEFINED
 IN SUBDIVISION SEVENTEEN OF SECTION TWO OF THIS  CHAPTER;  (5)  A  STEAM
 CORPORATION  AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION TWO OF THIS
 CHAPTER; AND (6) A WATER-WORKS CORPORATION  AS  DEFINED  IN  SUBDIVISION
 TWENTY-SEVEN OF SECTION TWO OF THIS CHAPTER.
   § 3. This act shall take effect immediately.
 
                                  PART AA
 
   Section  1.  The public service law is amended by adding a new article
 12 to read as follows:
                                ARTICLE 12
             PROVISIONS RELATING TO INTERNET SERVICE PROVIDERS
 SECTION 250. DEFINITIONS.
         251. PROHIBITIONS.
         252. CONSUMER NOTICE OF SERVICE PRACTICES.
         253. ANNUAL CERTIFICATION.
         254. ADMINISTRATION AND ENFORCEMENT.
         255. SEVERABILITY.
   § 250. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "APPLICATION-AGNOSTIC"  MEANS  NOT DIFFERENTIATING ON THE BASIS OF
 SOURCE, DESTINATION, INTERNET CONTENT, APPLICATION, SERVICE, OR  DEVICE,
 OR CLASS OF INTERNET CONTENT, APPLICATION, SERVICE, OR DEVICE.
   2.  "APPLICATION-SPECIFIC DIFFERENTIAL PRICING" MEANS CHARGING DIFFER-
 ENT PRICES FOR INTERNET TRAFFIC TO CUSTOMERS ON THE  BASIS  OF  INTERNET
 CONTENT,  APPLICATION, SERVICE, OR DEVICE, OR CLASS OF INTERNET CONTENT,
 APPLICATION, SERVICE, OR DEVICE, BUT SHALL NOT INCLUDE ZERO-RATING.
   3. "BROADBAND INTERNET ACCESS  SERVICE"  MEANS  A  MASS-MARKET  RETAIL
 SERVICE  BY WIRE OR RADIO PROVIDED TO CUSTOMERS IN THE STATE OF NEW YORK
 THAT PROVIDES THE CAPABILITY TO TRANSMIT DATA TO, AND RECEIVE DATA FROM,
 ALL OR SUBSTANTIALLY ALL INTERNET ENDPOINTS, INCLUDING ANY  CAPABILITIES
 THAT  ARE  INCIDENTAL  TO AND ENABLE THE OPERATION OF THE COMMUNICATIONS
 SERVICE, BUT EXCLUDING DIAL-UP  INTERNET  ACCESS  SERVICE.    "BROADBAND
 INTERNET  ACCESS  SERVICE"  SHALL ALSO ENCOMPASS ANY SERVICE PROVIDED TO
 CUSTOMERS IN THE STATE OF NEW YORK THAT PROVIDES A FUNCTIONAL EQUIVALENT
 OF SUCH SERVICE OR THAT IS USED TO EVADE THE PROTECTIONS  SET  FORTH  IN
 THIS CHAPTER.
   4.  "CLASS OF INTERNET CONTENT, APPLICATION, SERVICE, OR DEVICE" MEANS
 INTERNET CONTENT, OR A GROUP  OF  INTERNET  APPLICATIONS,  SERVICES,  OR

 S. 7508                            109                           A. 9508
 
 DEVICES, SHARING A COMMON CHARACTERISTIC, INCLUDING, BUT NOT LIMITED TO,
 SHARING  THE  SAME  SOURCE OR DESTINATION, BELONGING TO THE SAME TYPE OF
 CONTENT, APPLICATION, SERVICE, OR DEVICE, USING THE SAME APPLICATION  OR
 TRANSPORT-LAYER  PROTOCOL,  OR HAVING SIMILAR TECHNICAL CHARACTERISTICS,
 INCLUDING, BUT NOT LIMITED TO, THE SIZE, SEQUENCING, OR TIMING OF  PACK-
 ETS OR SENSITIVITY TO DELAY.
   5.  "CONTENT,  APPLICATIONS,  OR  SERVICES" MEANS ALL INTERNET TRAFFIC
 TRANSMITTED TO OR FROM END USERS OF A BROADBAND INTERNET ACCESS SERVICE,
 INCLUDING TRAFFIC THAT MAY NOT FIT CLEARLY INTO ANY OF THESE CATEGORIES.
   6. "EDGE PROVIDER" MEANS ANY INDIVIDUAL OR ENTITY  THAT  PROVIDES  ANY
 CONTENT,  APPLICATION,  OR SERVICE OVER THE INTERNET, AND ANY INDIVIDUAL
 OR ENTITY THAT PROVIDES A DEVICE USED FOR ACCESSING ANY CONTENT,  APPLI-
 CATION, OR SERVICE OVER THE INTERNET.
   7.  "END  USER"  MEANS  ANY INDIVIDUAL OR ENTITY THAT USES A BROADBAND
 INTERNET ACCESS SERVICE.
   8. "INTERNET SERVICE PROVIDER" OR "ISP" MEANS A BUSINESS THAT PROVIDES
 BROADBAND INTERNET ACCESS SERVICE TO AN INDIVIDUAL, CORPORATION, GOVERN-
 MENT, OR OTHER CUSTOMER IN THE STATE OF NEW YORK.
   9. "ISP TRAFFIC EXCHANGE"  MEANS  THE  EXCHANGE  OF  INTERNET  TRAFFIC
 DESTINED  FOR,  OR  ORIGINATING FROM, AN INTERNET SERVICE PROVIDER'S END
 USERS BETWEEN THE INTERNET SERVICE PROVIDER'S NETWORK AND ANOTHER  INDI-
 VIDUAL OR ENTITY.
   10.  "MASS MARKET" MEANS A SERVICE MARKETED AND SOLD ON A STANDARDIZED
 BASIS TO RESIDENTIAL CUSTOMERS,  SMALL  BUSINESSES,  AND  OTHER  END-USE
 CUSTOMERS, INCLUDING, BUT NOT LIMITED TO, SCHOOLS, INSTITUTIONS OF HIGH-
 ER LEARNING AND LIBRARIES.
   11.  "MOBILE  BROADBAND  INTERNET  ACCESS"  MEANS A BROADBAND INTERNET
 ACCESS SERVICE THAT SERVES END USERS PRIMARILY USING MOBILE STATIONS.
   12. "NETWORK MANAGEMENT PRACTICE" MEANS A PRACTICE THAT HAS A PRIMARI-
 LY TECHNICAL NETWORK MANAGEMENT JUSTIFICATION.
   13. "REASONABLE NETWORK MANAGEMENT PRACTICE" MEANS A  NETWORK  MANAGE-
 MENT  PRACTICE  THAT IS PRIMARILY USED FOR, AND TAILORED TO, ACHIEVING A
 LEGITIMATE NETWORK MANAGEMENT PURPOSE, TAKING INTO ACCOUNT  THE  PARTIC-
 ULAR  NETWORK  ARCHITECTURE  AND  TECHNOLOGY  OF  THE BROADBAND INTERNET
 ACCESS SERVICE.
   14. "THIRD-PARTY PAID  PRIORITIZATION"  MEANS  THE  MANAGEMENT  OF  AN
 INTERNET SERVICE PROVIDER'S NETWORK TO DIRECTLY OR INDIRECTLY FAVOR SOME
 TRAFFIC  OVER  OTHER  TRAFFIC,  INCLUDING  THE USE OF TECHNIQUES SUCH AS
 TRAFFIC SHAPING, PRIORITIZATION, RESOURCE RESERVATION, OR OTHER FORMS OF
 PREFERENTIAL TRAFFIC MANAGEMENT, EITHER:
   (A) IN EXCHANGE FOR CONSIDERATION, MONETARY OR OTHERWISE, FROM A THIRD
 PARTY; OR
   (B) TO BENEFIT AN AFFILIATED ENTITY.
   15. "ZERO-RATING" MEANS EXEMPTING SOME INTERNET TRAFFIC FROM A CUSTOM-
 ER'S DATA USAGE LIMITATION.
   § 251. PROHIBITIONS. 1. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF
 THIS CHAPTER, IT SHALL BE UNLAWFUL FOR AN ISP,  IN  PROVIDING  BROADBAND
 INTERNET  ACCESS SERVICE IN THE STATE, TO ENGAGE IN ANY OF THE FOLLOWING
 ACTIVITIES:
   (A) BLOCKING LAWFUL CONTENT, APPLICATIONS,  SERVICES,  OR  NON-HARMFUL
 DEVICES, SUBJECT TO REASONABLE NETWORK MANAGEMENT PRACTICES.
   (B)  THROTTLING, ALTERING, RESTRICTING, INTERFERING WITH, OR OTHERWISE
 DIRECTLY  OR  INDIRECTLY  FAVORING,  DISADVANTAGING,  OR  DISCRIMINATING
 BETWEEN  LAWFUL  INTERNET  TRAFFIC  ON THE BASIS OF SOURCE, DESTINATION,
 INTERNET CONTENT, APPLICATION, OR  SERVICE,  OR  USE  OF  A  NON-HARMFUL

 S. 7508                            110                           A. 9508
 
 DEVICE,  OR  OF CLASS OF INTERNET CONTENT, APPLICATION, SERVICE, OR NON-
 HARMFUL DEVICE, SUBJECT TO REASONABLE NETWORK MANAGEMENT PRACTICES.
   (C) ENGAGING IN THIRD-PARTY PAID PRIORITIZATION.
   (D) ENGAGING IN APPLICATION-SPECIFIC DIFFERENTIAL PRICING OR ZERO-RAT-
 ING  IN  EXCHANGE  FOR  CONSIDERATION,  MONETARY  OR OTHERWISE, BY THIRD
 PARTIES.
   (E) ZERO-RATING SOME  INTERNET  CONTENT,  APPLICATIONS,  SERVICES,  OR
 DEVICES  IN  A  CATEGORY OF INTERNET CONTENT, APPLICATIONS, SERVICES, OR
 DEVICES, BUT NOT THE ENTIRE CATEGORY.
   (F) ENGAGING IN APPLICATION-SPECIFIC DIFFERENTIAL PRICING.
   (G) UNREASONABLY INTERFERING  WITH,  OR  UNREASONABLY  DISADVANTAGING,
 EITHER AN END USER'S ABILITY TO SELECT, ACCESS, AND USE BROADBAND INTER-
 NET  ACCESS  SERVICE OR LAWFUL INTERNET CONTENT, APPLICATIONS, SERVICES,
 OR DEVICES OF THE END  USER'S  CHOICE,  SUBJECT  TO  REASONABLE  NETWORK
 MANAGEMENT PRACTICES.
   (H)  ENGAGING  IN  PRACTICES  WITH  RESPECT  TO,  RELATED  TO,  OR  IN
 CONNECTION WITH ISP TRAFFIC EXCHANGE THAT HAS THE PURPOSE OR  EFFECT  OF
 CIRCUMVENTING OR UNDERMINING THE EFFECTIVENESS OF THIS SECTION.
   (I)  ENGAGING  IN  DECEPTIVE  OR  MISLEADING  MARKETING PRACTICES THAT
 MISREPRESENT THE TREATMENT OF INTERNET TRAFFIC,  CONTENT,  APPLICATIONS,
 SERVICE  OR  DEVICES BY THE INTERNET SERVICE PROVIDER, OR THAT MISREPRE-
 SENT THE PERFORMANCE CHARACTERISTICS OR COMMERCIAL TERMS OF  THE  BROAD-
 BAND INTERNET ACCESS SERVICE TO ITS CUSTOMERS.
   (J)  ADVERTISING,  OFFERING  FOR  SALE  OR  SELLING BROADBAND INTERNET
 ACCESS SERVICE  WITHOUT  PROMINENTLY  DISCLOSING  WITH  SPECIFICITY  ALL
 ASPECTS OF THE SERVICE ADVERTISED, OFFERED FOR SALE OR SOLD.
   (K)  FAILING  TO  PUBLICLY DISCLOSE ACCURATE INFORMATION REGARDING THE
 NETWORK MANAGEMENT PRACTICES, PERFORMANCE, AND COMMERCIAL TERMS  OF  ITS
 BROADBAND  INTERNET  ACCESS  SERVICES  SUFFICIENT  FOR CONSUMERS TO MAKE
 INFORMED CHOICES REGARDING USE OF THOSE SERVICES AND FOR CONTENT, APPLI-
 CATION, SERVICE AND DEVICE PROVIDERS TO  DEVELOP,  MARKET  AND  MAINTAIN
 INTERNET OFFERINGS.
   (L)  OFFERING  OR  PROVIDING  SERVICES  OTHER  THAN BROADBAND INTERNET
 ACCESS SERVICE THAT ARE DELIVERED OVER THE SAME LAST-MILE CONNECTION  AS
 THE  BROADBAND INTERNET ACCESS SERVICE, IF THOSE SERVICES SATISFY ANY OF
 THE FOLLOWING CONDITIONS:
   (I) SUCH SERVICES ARE MARKETED, PROVIDE OR CAN BE USED AS A FUNCTIONAL
 EQUIVALENT OF BROADBAND INTERNET ACCESS SERVICE;
   (II) SUCH SERVICES HAVE THE PURPOSE  OR  EFFECT  OF  CIRCUMVENTING  OR
 UNDERMINING THE EFFECTIVENESS OF THIS SECTION; OR
   (III)  SUCH  SERVICES  NEGATIVELY  AFFECT THE PERFORMANCE OF BROADBAND
 INTERNET ACCESS SERVICE.
   2. (A) AN INTERNET SERVICE PROVIDER MAY OFFER DIFFERENT TYPES OF TECH-
 NICAL TREATMENT TO END USERS AS PART OF ITS  BROADBAND  INTERNET  ACCESS
 SERVICE,  WITHOUT  VIOLATING  THE  PROVISIONS OF SUBDIVISION ONE OF THIS
 SECTION, IF ALL OF THE FOLLOWING CONDITIONS EXIST:
   (I) THE DIFFERENT TYPES OF TECHNICAL TREATMENT ARE  EQUALLY  AVAILABLE
 TO  ALL  INTERNET  CONTENT,  APPLICATIONS, SERVICES AND DEVICES, AND ALL
 CLASSES OF INTERNET CONTENT, APPLICATIONS, SERVICES AND DEVICES, AND THE
 INTERNET SERVICE PROVIDER DOES NOT DISCRIMINATE IN THE PROVISION OF  THE
 DIFFERENT TYPES OF TECHNICAL TREATMENT ON THE BASIS OF INTERNET CONTENT,
 APPLICATION,  SERVICE  OR DEVICE, OR CLASS OF INTERNET CONTENT, APPLICA-
 TION, SERVICE OR DEVICE;
   (II) THE INTERNET SERVICE PROVIDER'S END  USERS  ARE  ABLE  TO  CHOOSE
 WHETHER,  WHEN,  AND FOR WHICH INTERNET CONTENT, APPLICATIONS, SERVICES,

 S. 7508                            111                           A. 9508
 
 OR DEVICES, OR CLASSES OF INTERNET CONTENT, APPLICATIONS,  SERVICES,  OR
 DEVICES, TO USE EACH TYPE OF TECHNICAL TREATMENT; AND
   (III)  THE  INTERNET  SERVICE  PROVIDER CHARGES ONLY ITS OWN BROADBAND
 INTERNET ACCESS SERVICE CUSTOMERS FOR THE USE OF THE DIFFERENT TYPES  OF
 TECHNICAL TREATMENT.
   (B)  ANY INTERNET SERVICE PROVIDER OFFERING DIFFERENT TYPES OF TECHNI-
 CAL TREATMENT PURSUANT TO THIS SUBDIVISION SHALL NOTIFY  THE  DEPARTMENT
 AND PROVIDE THE DEPARTMENT WITH A SAMPLE OF ANY SERVICE CONTRACT THAT IT
 OFFERS TO CUSTOMERS IN THE STATE OF NEW YORK.
   3.  AN  INTERNET  SERVICE  PROVIDER  MAY ZERO-RATE INTERNET TRAFFIC IN
 APPLICATION-AGNOSTIC WAYS, WITHOUT VIOLATING THE PROVISIONS OF  SUBDIVI-
 SION  ONE  OF  THIS SECTION, PROVIDED THAT NO CONSIDERATION, MONETARY OR
 OTHERWISE, IS PROVIDED BY ANY THIRD PARTY IN EXCHANGE FOR THE PROVIDER'S
 DECISION TO ZERO-RATE OR TO NOT ZERO-RATE TRAFFIC.
   4. NOTHING IN THIS SECTION PROHIBITS AN ISP FROM MEETING AN OBLIGATION
 TO ADDRESS THE NEEDS OF EMERGENCY  COMMUNICATIONS  OR  LAW  ENFORCEMENT,
 PUBLIC  SAFETY  OR  NATIONAL SECURITY AUTHORITIES, CONSISTENT WITH OR AS
 PERMITTED BY APPLICABLE LAW, OR LIMITS THE ISP'S ABILITY TO DO SO.
   § 252. CONSUMER NOTICE OF SERVICE PRACTICES. AN ISP  PROVIDING  BROAD-
 BAND  SERVICE  IN  THE  STATE  SHALL MAKE PUBLICLY AVAILABLE AN ACCURATE
 DESCRIPTION OF SUCH ISP'S NETWORK MANAGEMENT PRACTICES, PERFORMANCE  AND
 COMMERCIAL  TERMS  OF  ITS  BROADBAND INTERNET ACCESS SERVICE BY POSTING
 SUCH DESCRIPTION ON AN ISP CONTROLLED OR  MAINTAINED  WEBSITE,  PROVIDED
 THAT NOTHING IN THIS SECTION SHALL REQUIRE ISPS TO DISCLOSE CONFIDENTIAL
 BUSINESS  INFORMATION OR INFORMATION THAT WOULD COMPROMISE NETWORK SECU-
 RITY.
   § 253. ANNUAL CERTIFICATION. EVERY ISP PROVIDING BROADBAND SERVICE  IN
 THE  STATE  SHALL SUBMIT A CERTIFICATION TO THE DEPARTMENT IN A FORM AND
 MANNER SPECIFIED BY THE COMMISSION, BY JULY FIRST, TWO THOUSAND  TWENTY-
 ONE  AND  ANNUALLY  THEREAFTER.  SUCH  CERTIFICATION SHALL INCLUDE, AT A
 MINIMUM:
   1. A STATEMENT INDICATING  WHETHER  THE  ISP  IS  IN  COMPLIANCE  WITH
 SECTIONS  TWO  HUNDRED FIFTY-ONE AND TWO HUNDRED FIFTY-TWO OF THIS ARTI-
 CLE;
   2. A DESCRIPTION OF SUCH ISP'S EFFORTS IN THE PRECEDING YEAR TO INFORM
 END USERS OF THE PROVIDER'S EFFORTS TO ENSURE NET  NEUTRAL  SERVICE  AND
 THE ADDRESS OF THE ISP'S WEBSITE WHERE SUCH INFORMATION IS PROVIDED; AND
   3.  ANY OTHER INFORMATION REQUIRED BY RULES PROMULGATED BY THE DEPART-
 MENT AND APPROVED BY THE COMMISSION.
   § 254. ADMINISTRATION AND ENFORCEMENT.  1.  THE  COMMISSION  SHALL  BE
 AUTHORIZED TO PROMULGATE ANY RULES OR REGULATIONS NECESSARY TO IMPLEMENT
 THE PROVISIONS OF THIS ARTICLE.
   2. VIOLATIONS OF ANY DUTY IMPOSED BY THIS ARTICLE SHALL BE ENFORCEABLE
 BY  THE  COMMISSION.  ANY ISP THAT VIOLATES ANY PROVISION OF OR FAILS TO
 PERFORM ANY DUTY IMPOSED PURSUANT TO THIS ARTICLE OR ANY RULE  OR  REGU-
 LATION PROMULGATED PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER
 OF  THE  COMMISSION  MADE PURSUANT TO THIS ARTICLE SHALL BE LIABLE FOR A
 CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH VIOLATION  AND
 AN ADDITIONAL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH DAY
 DURING WHICH SUCH VIOLATION CONTINUES.
   3.  IN ADDITION TO THE AUTHORITY GRANTED TO THE COMMISSION PURSUANT TO
 THIS CHAPTER, THE ATTORNEY GENERAL MAY ENFORCE THE  PROVISIONS  OF  THIS
 ARTICLE  TO THE EXTENT PERMITTED UNDER SECTION SIXTY-THREE OF THE EXECU-
 TIVE LAW.

 S. 7508                            112                           A. 9508
 
   4. NOTHING IN THIS ARTICLE SHALL PRECLUDE OR PROHIBIT  ANY  PUBLIC  OR
 PRIVATE  RIGHT  OF  ACTION RELATING TO FRAUD OR DECEPTIVE BUSINESS PRAC-
 TICES.
   § 255. SEVERABILITY. THE PROVISIONS OF THIS ARTICLE SHALL BE SEVERABLE
 AND IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS ARTICLE, OR THE
 APPLICABILITY THEREOF TO ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVAL-
 ID,  THE REMAINDER OF THIS ARTICLE AND THE APPLICATION THEREOF SHALL NOT
 BE AFFECTED THEREBY.
   § 2. The state finance law is amended by adding a new section  169  to
 read as follows:
   §  169.  NET NEUTRALITY.  EACH STATE AGENCY SHALL ENTER INTO CONTRACTS
 WITH ONLY THOSE INTERNET SERVICE PROVIDERS THAT HAVE, BY JULY FIRST, TWO
 THOUSAND TWENTY-ONE, CERTIFIED PURSUANT TO SECTION  TWO  HUNDRED  FIFTY-
 THREE  OF  THE  PUBLIC  SERVICE  LAW  THAT  THEY  ARE IN COMPLIANCE WITH
 SECTIONS TWO HUNDRED FIFTY-ONE AND TWO HUNDRED FIFTY-TWO OF  THE  PUBLIC
 SERVICE  LAW.    EACH CONTRACT FOR INTERNET SERVICES PROVIDED TO A STATE
 AGENCY SHALL SPECIFICALLY REQUIRE CERTIFICATION PURSUANT TO SECTION  TWO
 HUNDRED  FIFTY-THREE OF THE PUBLIC SERVICE LAW AND STATE THAT THE INTER-
 NET  SERVICE  PROVIDER  MAY  NOT  BLOCK  LAWFUL  CONTENT,  APPLICATIONS,
 SERVICES,  NON-HARMFUL  DEVICES  OR APPLICATIONS THAT COMPETE WITH OTHER
 SERVICES PROVIDED BY SUCH INTERNET SERVICE  PROVIDER.  ANY  CONTRACT  OR
 CONTRACT  RENEWAL ENTERED INTO BY A STATE AGENCY SHALL INCLUDE A BINDING
 AGREEMENT CONSISTENT WITH THE FOREGOING PROVISIONS, AND NO STATE  AGENCY
 SHALL  ENTER INTO A CONTRACT WITH AN INTERNET SERVICE PROVIDER, AN AGENT
 THEREFOR OR OTHER ENTITY OFFERING TO OR PROCURING ON BEHALF OF THE STATE
 AGENCY INTERNET SERVICES UNLESS SUCH CONTRACT CONTAINS  SUCH  A  BINDING
 AGREEMENT.
   § 3. Subdivision 9 of section 160 of the state finance law, as amended
 by chapter 106 of the laws of 2012, is amended to read as follows:
   9.  "State  agency"  or  "state agencies" means all state departments,
 boards, commissions, offices or institutions but excludes, however,  for
 the  purposes of subdivision five of section three hundred fifty-five of
 the education law, the state university of New York  and  excludes,  for
 the  purposes  of subdivision a of section sixty-two hundred eighteen of
 the education law, the city university of New York;  provided,  however,
 that  the  state  university  of New York and the city university of New
 York shall be subject to the provisions of section  one  hundred  sixty-
 five-a  AND SECTION ONE HUNDRED SIXTY-NINE of this article. Furthermore,
 such term shall not include the legislature or the judiciary.
   § 4. The public authorities law is amended by  adding  a  new  section
 2878-c to read as follows:
   §  2878-C.  NET NEUTRALITY. AFTER JULY FIRST, TWO THOUSAND TWENTY-ONE,
 EACH STATE AGENCY SHALL ENTER INTO CONTRACTS WITH  ONLY  THOSE  INTERNET
 SERVICE PROVIDERS THAT HAVE, BY SUCH DATE, CERTIFIED PURSUANT TO SECTION
 TWO  HUNDRED  FIFTY-THREE  OF  THE  PUBLIC  SERVICE LAW THAT THEY ARE IN
 COMPLIANCE WITH SECTIONS TWO HUNDRED FIFTY-ONE AND TWO HUNDRED FIFTY-TWO
 OF THE PUBLIC SERVICE LAW.  EACH CONTRACT FOR INTERNET SERVICES PROVIDED
 TO A STATE AGENCY SHALL SPECIFICALLY REQUIRE CERTIFICATION  PURSUANT  TO
 SECTION TWO HUNDRED FIFTY-THREE OF THE PUBLIC SERVICE LAW AND STATE THAT
 THE  INTERNET  SERVICE  PROVIDER  MAY NOT BLOCK LAWFUL CONTENT, APPLICA-
 TIONS, SERVICES, NON-HARMFUL DEVICES OR APPLICATIONS THAT  COMPETE  WITH
 OTHER  SERVICES PROVIDED BY SUCH INTERNET SERVICE PROVIDER. ANY CONTRACT
 OR CONTRACT RENEWAL ENTERED INTO BY A STATE AUTHORITY  SHALL  INCLUDE  A
 BINDING AGREEMENT CONSISTENT WITH THE FOREGOING PROVISIONS, AND NO STATE
 AUTHORITY SHALL ENTER INTO A CONTRACT WITH AN INTERNET SERVICE PROVIDER,
 AN  AGENT THEREFOR OR OTHER ENTITY OFFERING TO OR PROCURING ON BEHALF OF

 S. 7508                            113                           A. 9508
 
 THE STATE AUTHORITY INTERNET SERVICES UNLESS SUCH CONTRACT CONTAINS SUCH
 A BINDING AGREEMENT.
   §  5.  Section  349 of the general business law is amended by adding a
 new subdivision (k) to read as follows:
   (K) IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
 PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY  REASON  OF
 ANY  VIOLATION  OF  THIS  SECTION  IN RELATION TO OBLIGATIONS IMPOSED BY
 SECTION TWO HUNDRED FIFTY-ONE OF THE PUBLIC SERVICE  LAW  MAY  BRING  AN
 ACTION  TO  ENJOIN  SUCH  UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER
 ACTUAL DAMAGES OR FIVE HUNDRED DOLLARS, WHICHEVER IS  GREATER,  OR  BOTH
 SUCH  ACTIONS.  THE  COURT MAY, IN ITS DISCRETION, INCREASE THE AWARD OF
 DAMAGES TO AN AMOUNT NOT TO EXCEED THREE TIMES THE ACTUAL DAMAGES IF THE
 COURT FINDS THE DEFENDANT WILLFULLY OR KNOWINGLY VIOLATED THIS  SECTION.
 THE  COURT  MAY  AWARD REASONABLE ATTORNEYS' FEES TO A PREVAILING PLAIN-
 TIFF.
   § 6. This act shall take effect immediately.
 
                                  PART BB
 
   Section 1. The general municipal law is amended by adding a new  arti-
 cle 13-E to read as follows:
                               ARTICLE 13-E
                   SMALL WIRELESS FACILITIES DEPLOYMENT
 SECTION 300. DEFINITIONS.
         301. USE OF RIGHT OF WAY FOR SMALL WIRELESS FACILITIES AND UTIL-
                ITY POLES.
         302. PERMITTING PROCESS FOR SMALL WIRELESS FACILITIES.
         303. ACCESS  TO  MUNICIPAL CORPORATION POLES WITHIN THE RIGHT OF
                WAY.
         304. RATES AND FEES.
         305. CABLE SERVICES.
         306. LOCAL AUTHORITY.
         307. INVESTOR-OWNED ELECTRIC UTILITY POLES.
         308. IMPLEMENTATION.
         309. DISPUTE RESOLUTION.
         310. INDEMNIFICATION, INSURANCE, AND BONDING.
   § 300. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS  SHALL  HAVE  THE  FOLLOWING MEANINGS UNLESS THE CONTEXT INDICATES
 OTHERWISE:
   1. "ANTENNA" MEANS COMMUNICATIONS EQUIPMENT THAT TRANSMITS OR RECEIVES
 ELECTROMAGNETIC RADIO FREQUENCY SIGNALS USED IN THE PROVISION  OF  WIRE-
 LESS SERVICES.
   2. "APPLICABLE CODES" MEANS THE NEW YORK STATE UNIFORM FIRE PREVENTION
 AND BUILDING CODE AS ADOPTED, AND AS MAY BE AMENDED, PURSUANT TO ARTICLE
 EIGHTEEN OF THE EXECUTIVE LAW.
   3.  "APPLICANT"  MEANS  ANY PERSON OR ENTITY THAT FILES AN APPLICATION
 WITH A MUNICIPAL CORPORATION TO INSTALL OR MODIFY WIRELESS FACILITIES ON
 BEHALF OF A COMMUNICATIONS SERVICE PROVIDER OR WIRELESS PROVIDER.
   4. "APPLICATION" MEANS A REQUEST SUBMITTED BY AN APPLICANT TO A MUNIC-
 IPAL CORPORATION FOR A PERMIT TO COLLOCATE SMALL WIRELESS FACILITIES; OR
 TO APPROVE THE INSTALLATION OR MODIFICATION OF A UTILITY POLE  OR  WIRE-
 LESS SUPPORT STRUCTURE.
   5. "APPLICATION FEE" MEANS THE ONE-TIME FEE CHARGED TO AN APPLICANT BY
 A  MUNICIPAL  CORPORATION  FOR REVIEW OF AN APPLICATION. THE APPLICATION
 FEE MAY NOT EXCEED THE ACTUAL REASONABLE COSTS INCURRED BY THE MUNICIPAL
 CORPORATION IN CONNECTION WITH ITS REVIEW OF THE APPLICATION.

 S. 7508                            114                           A. 9508
 
   6. "POLE" MEANS A UTILITY POLE OWNED, MANAGED OR  OPERATED  BY  OR  ON
 BEHALF OF A MUNICIPAL CORPORATION.
   7.  "COLLOCATE" MEANS TO INSTALL, MOUNT, MAINTAIN, MODIFY, OPERATE, OR
 REPLACE SMALL WIRELESS FACILITIES ON OR ADJACENT TO A  WIRELESS  SUPPORT
 STRUCTURE  OR  UTILITY  POLE. THE TERM "COLLOCATION" HAS A CORRESPONDING
 MEANING.
   8. "COMMUNICATIONS FACILITY" MEANS THE SET OF  EQUIPMENT  AND  NETWORK
 COMPONENTS, INCLUDING WIRES, CABLES, AND ASSOCIATED FACILITIES USED BY A
 CABLE  OPERATOR,  AS DEFINED IN 47 U.S.C. SECTION 522(5); A TELECOMMUNI-
 CATIONS CARRIER, AS DEFINED IN 47 U.S.C. SECTION 153(51); A PROVIDER  OF
 INFORMATION SERVICE, AS DEFINED IN 47 U.S.C. SECTION 153(24); A WIRELESS
 SERVICES  PROVIDER  TO  PROVIDE COMMUNICATIONS SERVICES, INCLUDING CABLE
 SERVICE, AS DEFINED IN  47  U.S.C.  SECTION  522(6);  TELECOMMUNICATIONS
 SERVICE,  AS  DEFINED  IN  47  U.S.C.  SECTION  153(53);  AN INFORMATION
 SERVICE, AS DEFINED IN 47 U.S.C. SECTION 153(24); WIRELESS  SERVICE;  OR
 OTHER ONE-WAY OR TWO-WAY COMMUNICATIONS SERVICE.
   9.  "COMMUNICATIONS  SERVICE  PROVIDER"  MEANS  A  CABLE  OPERATOR, AS
 DEFINED IN 47 U.S.C. § 522(5); A PROVIDER  OF  INFORMATION  SERVICE,  AS
 DEFINED IN 47 U.S.C. § 153(24); A TELECOMMUNICATIONS CARRIER, AS DEFINED
 IN 47 U.S.C. § 153(51); OR A WIRELESS PROVIDER.
   10.  "DECORATIVE  POLE"  MEANS  A  POLE THAT IS SPECIALLY DESIGNED AND
 PLACED FOR AESTHETIC PURPOSES AND ON WHICH NO APPURTENANCES  OR  ATTACH-
 MENTS,  OTHER  THAN  A  SMALL  WIRELESS  FACILITY,  LIGHTING,  SPECIALLY
 DESIGNED INFORMATIONAL OR DIRECTIONAL SIGNAGE, OR TEMPORARY  HOLIDAY  OR
 SPECIAL  EVENT  ATTACHMENTS,  HAVE  BEEN  PLACED  OR ARE PERMITTED TO BE
 PLACED ACCORDING TO NONDISCRIMINATORY MUNICIPAL RULES OR CODES.
   11. "FCC" MEANS THE FEDERAL COMMUNICATIONS COMMISSION  OF  THE  UNITED
 STATES.
   12. "FEE" MEANS A ONE-TIME, NONRECURRING CHARGE.
   13.  "HISTORIC  DISTRICT"  MEANS  A GROUP OF BUILDINGS, PROPERTIES, OR
 SITES THAT ARE EITHER: (A) LISTED IN THE NATIONAL REGISTER  OF  HISTORIC
 PLACES  OR FORMALLY DETERMINED ELIGIBLE FOR LISTING BY THE KEEPER OF THE
 NATIONAL REGISTER,  IN  ACCORDANCE  WITH  SECTION  VI.D.1.A.I-V  OF  THE
 NATIONWIDE PROGRAMMATIC AGREEMENT CODIFIED AT 47 C.F.R. PART 1, APPENDIX
 C;  OR  (B) A REGISTERED HISTORIC DISTRICT AS DEFINED IN SECTION NINETY-
 SIX-A OF THIS CHAPTER OR ARTICLE FIVE-K OF THIS CHAPTER AS OF THE EFFEC-
 TIVE DATE OF THIS SECTION.
   14. "LAW" MEANS FEDERAL, STATE, OR LOCAL  LAW,  STATUTE,  COMMON  LAW,
 CODE, RULE, REGULATION, ORDER, OR ORDINANCE.
   15.  "MICRO  WIRELESS  FACILITY"  MEANS A SMALL WIRELESS FACILITY THAT
 MEETS THE FOLLOWING QUALIFICATIONS:  (I) IS NOT LARGER IN DIMENSION THAN
 TWENTY-FOUR INCHES IN LENGTH, FIFTEEN INCHES IN WIDTH, AND TWELVE INCHES
 IN HEIGHT; AND (II) ANY EXTERIOR ANTENNA IS NO LONGER THAN ELEVEN  INCH-
 ES.
   16.  "NETWORK  INTERFACE DEVICE" MEANS THE TELECOMMUNICATIONS DEMARCA-
 TION AND TEST POINT SEPARATING THE WIRELESS FACILITY  AND  THE  WIRELINE
 BACKHAUL FACILITY.
   17.  "PERMIT"  MEANS  A  WRITTEN AUTHORIZATION REQUIRED BY A MUNICIPAL
 CORPORATION TO PERFORM AN ACTION OR INITIATE, CONTINUE,  OR  COMPLETE  A
 PROJECT  RELATING  TO THE INSTALLATION OR MODIFICATION OF SMALL WIRELESS
 FACILITIES.
   18. "PERSON"  MEANS  AN  INDIVIDUAL,  CORPORATION,  LIMITED  LIABILITY
 COMPANY,  PARTNERSHIP,  ASSOCIATION, TRUST, OR OTHER ENTITY OR ORGANIZA-
 TION, INCLUDING A MUNICIPAL CORPORATION.
   19. "RATE" MEANS A RECURRING CHARGE.

 S. 7508                            115                           A. 9508
 
   20. "RIGHT OF WAY" OR "ROW" MEANS THE  AREA  ON,  BELOW,  OR  ABOVE  A
 PUBLIC  UTILITY  EASEMENT, ROADWAY, HIGHWAY, STREET, SIDEWALK, ALLEY, OR
 SIMILAR PROPERTY, BUT NOT INCLUDING A FEDERAL INTERSTATE HIGHWAY.
   21.  "SMALL  WIRELESS  FACILITY"  MEANS A WIRELESS FACILITY THAT MEETS
 BOTH OF THE  FOLLOWING  QUALIFICATIONS:  (A)  EACH  WIRELESS  PROVIDER'S
 ANTENNA  COULD FIT WITHIN AN ENCLOSURE OF NO MORE THAN SIX CUBIC FEET IN
 VOLUME; AND (B) ALL OTHER WIRELESS EQUIPMENT ASSOCIATED WITH  THE  WIRE-
 LESS FACILITY, WHETHER GROUND OR AERIALLY MOUNTED OR ATTACHED TO A UTIL-
 ITY  POLE  OR  WIRELESS  SUPPORT STRUCTURE, IS CUMULATIVELY NO MORE THAN
 TWENTY-EIGHT CUBIC FEET IN VOLUME. THE  FOLLOWING  TYPES  OF  ASSOCIATED
 ANCILLARY  EQUIPMENT  ARE  NOT  INCLUDED IN THE CALCULATION OF EQUIPMENT
 VOLUME: ELECTRIC METER, CONCEALMENT ELEMENTS, NETWORK INTERFACE  DEVICE,
 GROUNDING  EQUIPMENT, POWER TRANSFER SWITCH, CUT-OFF SWITCH, CONVERTERS,
 AMPLIFIERS, SPLICE CASES, AND VERTICAL CABLE RUNS FOR THE CONNECTION  OF
 POWER AND OTHER SERVICES.
   22.  "TECHNICALLY  FEASIBLE"  MEANS  THAT  BY VIRTUE OF ENGINEERING OR
 SPECTRUM USAGE THE PROPOSED PLACEMENT FOR A SMALL WIRELESS FACILITY,  OR
 ITS  DESIGN,  CONCEALMENT  MEASURES, OR SITE LOCATION CAN BE IMPLEMENTED
 WITHOUT A REDUCTION IN THE FUNCTIONALITY OF THE SMALL WIRELESS FACILITY.
   23. "UTILITY POLE" MEANS A POLE OR SIMILAR STRUCTURE THAT IS OR MAY BE
 USED IN WHOLE OR  IN  PART  OR  FOR  WIRELINE  COMMUNICATIONS,  ELECTRIC
 DISTRIBUTION, LIGHTING, TRAFFIC CONTROL, SIGNAGE, OR A SIMILAR FUNCTION,
 OR  FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES; PROVIDED, HOWEVER,
 SUCH TERM SHALL NOT INCLUDE  WIRELESS  SUPPORT  STRUCTURES  OR  ELECTRIC
 TRANSMISSION STRUCTURES.
   24.  "WIRELESS  FACILITY"  MEANS  EQUIPMENT  AT  A FIXED LOCATION THAT
 ENABLES WIRELESS SERVICES BETWEEN USER EQUIPMENT  AND  A  COMMUNICATIONS
 NETWORK,  INCLUDING:  (A)  EQUIPMENT  ASSOCIATED  WITH WIRELESS COMMUNI-
 CATIONS; (B) RADIO TRANSCEIVERS; (C) ANTENNAS; (D) COAXIAL OR  FIBER-OP-
 TIC CABLE LOCATED ON A UTILITY POLE OR WIRELESS SUPPORT STRUCTURE, IMME-
 DIATELY  ADJACENT  TO THE UTILITY POLE OR WIRELESS SUPPORT STRUCTURE, OR
 DIRECTLY ASSOCIATED WITH EQUIPMENT LOCATED ON THE UTILITY POLE OR  WIRE-
 LESS  SUPPORT  STRUCTURE;  AND (E) REGULAR AND BACKUP POWER SUPPLIES AND
 RECTIFIERS;  AND  COMPARABLE  EQUIPMENT,  REGARDLESS  OF   TECHNOLOGICAL
 CONFIGURATION. THE TERM INCLUDES SMALL WIRELESS FACILITIES, BUT DOES NOT
 INCLUDE:  (I)  THE  STRUCTURE OR IMPROVEMENTS ON, UNDER, OR WITHIN WHICH
 THE EQUIPMENT IS COLLOCATED; (II) WIRELINE BACKHAUL FACILITIES; OR (III)
 COAXIAL OR FIBER-OPTIC CABLE THAT  IS  BETWEEN  WIRELESS  STRUCTURES  OR
 UTILITY  POLES  OR  THAT  IS  OTHERWISE  NOT  IMMEDIATELY ADJACENT TO OR
 DIRECTLY ASSOCIATED WITH A PARTICULAR ANTENNA.
   25. "WIRELESS INFRASTRUCTURE PROVIDER" MEANS ANY PERSON,  INCLUDING  A
 PERSON  AUTHORIZED  TO  PROVIDE TELECOMMUNICATIONS SERVICE IN THE STATE,
 THAT BUILDS OR INSTALLS WIRELESS COMMUNICATION  TRANSMISSION  EQUIPMENT,
 WIRELESS  FACILITIES  OR  WIRELESS SUPPORT STRUCTURES, BUT THAT IS NOT A
 WIRELESS SERVICES PROVIDER.
   26. "WIRELESS PROVIDER" MEANS A WIRELESS INFRASTRUCTURE PROVIDER OR  A
 WIRELESS SERVICES PROVIDER.
   27.  "WIRELESS  SERVICES"  MEANS  ANY SERVICES USING LICENSED OR UNLI-
 CENSED SPECTRUM INCLUDING THE USE OF WI-FI, WHETHER AT A FIXED  LOCATION
 OR MOBILE, PROVIDED TO THE PUBLIC.
   28.  "WIRELESS  SERVICES  PROVIDER"  MEANS  ANY  PERSON OR ENTITY THAT
 PROVIDES WIRELESS SERVICES.
   29. "WIRELESS SUPPORT STRUCTURE" MEANS A STRUCTURE, SUCH  AS  A  MONO-
 POLE;  TOWER,  EITHER  GUYED OR SELF-SUPPORTING; BILLBOARD; BUILDING; OR
 OTHER EXISTING OR PROPOSED STRUCTURE DESIGNED TO SUPPORT OR  CAPABLE  OF
 SUPPORTING  WIRELESS  FACILITIES, OTHER THAN A STRUCTURE DESIGNED SOLELY

 S. 7508                            116                           A. 9508
 
 FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES. SUCH  TERM  SHALL  NOT
 INCLUDE A UTILITY POLE.
   30.  "WIRELINE BACKHAUL FACILITY" MEANS AN ABOVE-GROUND OR UNDERGROUND
 WIRELINE FACILITY USED TO TRANSPORT COMMUNICATIONS DATA FROM A  WIRELESS
 FACILITY NETWORK INTERFACE DEVICE TO A NETWORK.
   §  301.  USE OF RIGHT OF WAY FOR SMALL WIRELESS FACILITIES AND UTILITY
 POLES.  1. APPLICABILITY. THIS SECTION SHALL ONLY APPLY  TO  THE  ACTIV-
 ITIES  OF  A  WIRELESS  PROVIDER WITHIN THE RIGHT OF WAY TO DEPLOY SMALL
 WIRELESS FACILITIES AND ASSOCIATED UTILITY POLES.
   2. EXCLUSIVE USE PROHIBITED. A MUNICIPAL  CORPORATION  MAY  NOT  ENTER
 INTO  AN  EXCLUSIVE  ARRANGEMENT WITH ANY PERSON FOR USE OF THE RIGHT OF
 WAY FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES OR FOR THE  INSTAL-
 LATION,  OPERATION,  MARKETING, MODIFICATION, MAINTENANCE OR REPLACEMENT
 OF UTILITY POLES.
   3. RIGHT OF WAY RATES AND  FEES.  A  MUNICIPAL  CORPORATION  MAY  ONLY
 CHARGE  A  WIRELESS  PROVIDER  A RATE OR FEE FOR THE USE OF THE ROW WITH
 RESPECT TO THE COLLOCATION OF SMALL WIRELESS FACILITIES OR THE INSTALLA-
 TION, MAINTENANCE, MODIFICATION, OPERATION, OR REPLACEMENT OF A  UTILITY
 POLE  IN  THE  RIGHT  OF  WAY IF THE MUNICIPAL CORPORATION CHARGES OTHER
 ENTITIES FOR USE OF THE RIGHT OF WAY.  NOTWITHSTANDING THE FOREGOING,  A
 MUNICIPAL  CORPORATION  IS  PERMITTED,  ON A NONDISCRIMINATORY BASIS, TO
 REFRAIN FROM CHARGING ANY RATE TO A WIRELESS PROVIDER FOR THE USE OF THE
 RIGHT OF WAY. THE RATE FOR USE OF  THE  RIGHT  OF  WAY  IS  PROVIDED  IN
 SECTION THREE HUNDRED FOUR OF THIS ARTICLE.
   4. RIGHT OF ACCESS. SUBJECT TO THIS SECTION, A WIRELESS PROVIDER SHALL
 HAVE  THE  RIGHT,  AS  A  PERMITTED  USE NOT SUBJECT TO ZONING REVIEW OR
 APPROVAL, TO COLLOCATE SMALL WIRELESS FACILITIES AND TO  INSTALL,  MAIN-
 TAIN, MODIFY, OPERATE AND REPLACE UTILITY POLES ALONG, ACROSS, UPON, AND
 UNDER  THE  RIGHT  OF  WAY.  SUCH  STRUCTURES AND FACILITIES SHALL BE SO
 INSTALLED AND MAINTAINED AS NOT TO OBSTRUCT OR HINDER THE  USUAL  TRAVEL
 OR  PUBLIC SAFETY ON SUCH RIGHT OF WAY OR OBSTRUCT THE LEGAL USE OF SUCH
 RIGHT OF WAY BY UTILITIES.
   5. HEIGHT LIMITS. EACH NEW OR MODIFIED UTILITY POLE INSTALLED  IN  THE
 RIGHT  OF  WAY  SHALL  NOT EXCEED THE GREATER OF: (A) TEN FEET IN HEIGHT
 ABOVE THE TALLEST EXISTING UTILITY POLE IN PLACE  AS  OF  THE  EFFECTIVE
 DATE OF THIS ARTICLE LOCATED WITHIN FIVE HUNDRED FEET OF THE NEW POLE IN
 THE  SAME  MUNICIPAL CORPORATION'S RIGHT OF WAY; OR (B) FIFTY FEET ABOVE
 GROUND LEVEL. NEW SMALL WIRELESS FACILITIES IN THE RIGHT OF WAY MAY  NOT
 EXTEND:  (I)  MORE THAN TEN FEET ABOVE AN EXISTING UTILITY POLE IN PLACE
 AS OF THE EFFECTIVE DATE OF THIS ARTICLE; OR  (II)  FOR  SMALL  WIRELESS
 FACILITIES  ON  A NEW UTILITY POLE, ABOVE THE HEIGHT PERMITTED FOR A NEW
 UTILITY POLE UNDER THIS SECTION. A  WIRELESS  PROVIDER  SHALL  HAVE  THE
 RIGHT  TO  COLLOCATE  A  SMALL  WIRELESS FACILITY AND INSTALL, MAINTAIN,
 MODIFY, OPERATE AND REPLACE A UTILITY POLE  THAT  EXCEEDS  THESE  HEIGHT
 LIMITS  ALONG,  ACROSS, UPON AND UNDER THE RIGHT OF WAY, SUBJECT TO THIS
 SECTION AND APPLICABLE ZONING REGULATIONS.
   6. DECORATIVE POLES. A WIRELESS PROVIDER SHALL BE PERMITTED TO  COLLO-
 CATE  ON  OR  REPLACE  DECORATIVE POLES WHEN NECESSARY TO DEPLOY A SMALL
 WIRELESS FACILITY. A MUNICIPAL CORPORATION MAY REQUIRE SUCH  COLLOCATION
 OR  DECORATIVE  POLE  REPLACEMENT  TO  REASONABLY  CONFORM TO THE DESIGN
 AESTHETICS OF THE ORIGINAL  DECORATIVE  POLE  OR  POLES,  PROVIDED  SUCH
 REQUIREMENTS ARE TECHNICALLY FEASIBLE.
   7.  UNDERGROUND  DISTRICT.  (A)  A WIRELESS PROVIDER SHALL COMPLY WITH
 WRITTEN, OBJECTIVE, REASONABLE AND NONDISCRIMINATORY  REQUIREMENTS  THAT
 PROHIBIT  THE  INSTALLATION  OF UTILITY POLES OR WIRELESS SUPPORT STRUC-
 TURES IN THE RIGHT OF WAY IN AN AREA DESIGNATED SOLELY  FOR  UNDERGROUND

 S. 7508                            117                           A. 9508
 
 COMMUNICATIONS  AND  ELECTRIC LINES WHERE: (I) THE MUNICIPAL CORPORATION
 HAS REQUIRED ALL SUCH LINES TO BE PLACED UNDERGROUND NO LESS THAN  THREE
 MONTHS  PRIOR  TO  THE SUBMISSION OF THE APPLICATION; (II) UTILITY POLES
 THE  MUNICIPAL  CORPORATION  ALLOWS TO REMAIN SHALL BE MADE AVAILABLE TO
 WIRELESS PROVIDERS FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES, AND
 MAY BE REPLACED BY A WIRELESS PROVIDER TO ACCOMMODATE THE COLLOCATION OF
 SMALL WIRELESS FACILITIES, IN COMPLIANCE WITH THIS ARTICLE; AND (III)  A
 WIRELESS  PROVIDER MAY INSTALL A NEW UTILITY POLE IN THE DESIGNATED AREA
 THAT OTHERWISE COMPLIES WITH THIS SECTION WHEN IT IS NOT ABLE TO PROVIDE
 WIRELESS SERVICE BY COLLOCATING ON A REMAINING UTILITY POLE OR  WIRELESS
 SUPPORT STRUCTURE.
   (B)  FOR SMALL WIRELESS FACILITIES INSTALLED BEFORE A MUNICIPAL CORPO-
 RATION ADOPTS REQUIREMENTS THAT COMMUNICATIONS  AND  ELECTRIC  LINES  BE
 PLACED  UNDERGROUND,  SUCH  MUNICIPAL CORPORATION ADOPTING SUCH REQUIRE-
 MENTS SHALL: (I) PERMIT A WIRELESS PROVIDER TO MAINTAIN THE SMALL  WIRE-
 LESS  FACILITIES  IN  PLACE  SUBJECT  TO  ANY APPLICABLE POLE ATTACHMENT
 AGREEMENT WITH THE UTILITY POLE  OWNER;  OR  (II)  PERMIT  THE  WIRELESS
 PROVIDER TO REPLACE THE ASSOCIATED UTILITY POLE WITHIN FIFTY FEET OF THE
 PRIOR LOCATION.
   8.  HISTORIC  DISTRICT.  SUBJECT  TO SUBDIVISION FOUR OF SECTION THREE
 HUNDRED TWO OF THIS ARTICLE, A MUNICIPAL CORPORATION MAY  REQUIRE  WRIT-
 TEN,  OBJECTIVE, REASONABLE, TECHNICALLY FEASIBLE, NONDISCRIMINATORY AND
 TECHNOLOGICALLY NEUTRAL DESIGN OR CONCEALMENT  MEASURES  IN  A  HISTORIC
 DISTRICT.  NO SUCH DESIGN OR CONCEALMENT MEASURES MAY HAVE THE EFFECT OF
 MATERIALLY INHIBITING ANY PROVIDER'S TECHNOLOGY OR SERVICE; NOR MAY  ANY
 SUCH  MEASURES  BE  CONSIDERED A PART OF THE SMALL WIRELESS FACILITY FOR
 PURPOSES OF THE SIZE RESTRICTIONS IN THE DEFINITION  OF  SMALL  WIRELESS
 FACILITY.
   9.  NO  DISCRIMINATION.  THE MUNICIPAL CORPORATION, IN THE EXERCISE OF
 ITS ADMINISTRATION AND REGULATION RELATED TO THE MANAGEMENT OF THE RIGHT
 OF WAY, MUST BE COMPETITIVELY NEUTRAL WITH REGARD TO OTHER USERS OF  THE
 RIGHT  OF  WAY. THE MUNICIPAL CORPORATION'S RIGHT OF WAY REGULATIONS MAY
 NOT BE UNREASONABLE OR DISCRIMINATORY AND MAY NOT VIOLATE ANY APPLICABLE
 LAW.
   10. DAMAGE AND REPAIR. THE MUNICIPAL CORPORATION MAY REQUIRE  A  WIRE-
 LESS  PROVIDER  TO REPAIR ALL DAMAGE TO THE RIGHT OF WAY DIRECTLY CAUSED
 BY THE ACTIVITIES OF THE WIRELESS PROVIDER IN THE RIGHT OF  WAY  AND  TO
 RETURN  THE RIGHT OF WAY TO ITS FUNCTIONAL EQUIVALENCE BEFORE THE DAMAGE
 PURSUANT TO THE COMPETITIVELY NEUTRAL, REASONABLE REQUIREMENTS AND SPEC-
 IFICATIONS OF THE MUNICIPAL CORPORATION. IF THE WIRELESS PROVIDER  FAILS
 TO  MAKE  THE  REPAIRS  REASONABLY REQUIRED BY THE MUNICIPAL CORPORATION
 WITHIN A REASONABLE TIME AFTER WRITTEN NOTICE, THE MUNICIPAL CORPORATION
 MAY AFFECT THOSE REPAIRS AND CHARGE THE APPLICABLE PARTY THE REASONABLE,
 DOCUMENTED ACTUAL COST OF SUCH REPAIRS.
   11. POLE REPLACEMENTS AND MODIFICATIONS. A WIRELESS PROVIDER SHALL NOT
 BE REQUIRED TO REPLACE OR UPGRADE AN EXISTING UTILITY  POLE  EXCEPT  FOR
 REASONS  OF  STRUCTURAL NECESSITY OR COMPLIANCE WITH APPLICABLE CODES. A
 WIRELESS PROVIDER MAY, WITH THE PERMISSION OF THE POLE OWNER, REPLACE OR
 MODIFY EXISTING UTILITY POLES, BUT ANY SUCH REPLACEMENT OR  MODIFICATION
 SHALL  BE  CONSISTENT  WITH THE DESIGN AESTHETICS OF THE UTILITY POLE OR
 POLES BEING MODIFIED OR REPLACED.
   12. PERMITTED USE. NEW, MODIFIED OR REPLACEMENT UTILITY POLES  ASSOCI-
 ATED  WITH  A SMALL WIRELESS FACILITY THAT MEET THE REQUIREMENTS OF THIS
 SECTION ARE PERMITTED USES SUBJECT TO THE PERMIT PROCESS IN  SUBDIVISION
 FOUR OF SECTION THREE HUNDRED TWO OF THIS ARTICLE AND ARE NOT SUBJECT TO
 ZONING REVIEW OR APPROVAL.

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   13. ABANDONMENT. A WIRELESS PROVIDER IS REQUIRED TO NOTIFY THE MUNICI-
 PAL  CORPORATION  AT LEAST THIRTY DAYS BEFORE ITS ABANDONMENT OF A SMALL
 WIRELESS FACILITY. FOLLOWING  RECEIPT  OF  SUCH  NOTICE,  THE  MUNICIPAL
 CORPORATION  SHALL  DIRECT  THE  WIRELESS  PROVIDER TO REMOVE ALL OR ANY
 PORTION  OF  THE  SMALL WIRELESS FACILITY THAT THE MUNICIPAL CORPORATION
 DETERMINES WOULD BE IN THE BEST INTEREST OF THE PUBLIC SAFETY AND PUBLIC
 WELFARE TO REMOVE. IF THE WIRELESS PROVIDER FAILS TO  REMOVE  THE  ABAN-
 DONED  FACILITY  WITHIN  NINETY  DAYS  AFTER  SUCH NOTICE, THE MUNICIPAL
 CORPORATION MAY UNDERTAKE TO DO SO AND RECOVER THE ACTUAL AND REASONABLE
 EXPENSES OF DOING SO FROM  THE  WIRELESS  PROVIDER,  ITS  SUCCESSORS  OR
 ASSIGNS.
   §  302. PERMITTING PROCESS FOR SMALL WIRELESS FACILITIES. 1.  APPLICA-
 BILITY. THIS SECTION SHALL APPLY TO THE PERMITTING OF THE COLLOCATION OF
 SMALL WIRELESS FACILITIES BY A WIRELESS PROVIDER IN OR OUTSIDE THE RIGHT
 OF WAY AS SPECIFIED IN SUBDIVISION THREE OF  THIS  SECTION  AND  TO  THE
 PERMITTING OF THE INSTALLATION, MODIFICATION, AND REPLACEMENT OF ASSOCI-
 ATED UTILITY POLES BY A WIRELESS PROVIDER INSIDE THE RIGHT OF WAY.
   2.  GENERAL.  EXCEPT  AS  PROVIDED IN THIS ARTICLE, A MUNICIPAL CORPO-
 RATION MAY NOT PROHIBIT, REGULATE, OR  CHARGE  FOR  THE  COLLOCATION  OF
 SMALL WIRELESS FACILITIES THAT MAY BE PERMITTED IN THIS SECTION.
   3.  ZONING. SMALL WIRELESS FACILITIES SHALL BE CLASSIFIED AS PERMITTED
 USES AND NOT SUBJECT TO ZONING REVIEW OR APPROVAL IF THEY ARE COLLOCATED
 IN THE RIGHT OF WAY IN ANY ZONE.
   4. PERMITS. A MUNICIPAL CORPORATION MAY REQUIRE AN APPLICANT TO OBTAIN
 ONE OR MORE PERMITS TO COLLOCATE A SMALL WIRELESS FACILITY OR TO INSTALL
 A NEW, MODIFIED OR REPLACEMENT UTILITY  POLE  ASSOCIATED  WITH  A  SMALL
 WIRELESS  FACILITY  AS  PROVIDED  IN  SUBDIVISION  FOUR OF SECTION THREE
 HUNDRED ONE OF THIS ARTICLE, PROVIDED SUCH PERMITS ARE OF GENERAL APPLI-
 CABILITY AND DO NOT APPLY EXCLUSIVELY TO WIRELESS FACILITIES. A  MUNICI-
 PAL  CORPORATION SHALL RECEIVE APPLICATIONS FOR, PROCESS, AND ISSUE SUCH
 PERMITS SUBJECT TO THE FOLLOWING REQUIREMENTS:
   (A) A MUNICIPAL CORPORATION MAY NOT DIRECTLY OR INDIRECTLY REQUIRE  AN
 APPLICANT  TO PERFORM SERVICES OR PROVIDE GOODS UNRELATED TO THE PERMIT,
 SUCH AS IN-KIND CONTRIBUTIONS TO THE  MUNICIPAL  CORPORATION  INCLUDING,
 BUT  NOT  LIMITED  TO,  RESERVING  FIBER, CONDUIT, OR POLE SPACE FOR THE
 MUNICIPAL CORPORATION;
   (B) AN APPLICANT SHALL NOT BE REQUIRED TO PROVIDE MORE INFORMATION  TO
 OBTAIN A PERMIT THAN COMMUNICATIONS SERVICE PROVIDERS THAT ARE NOT WIRE-
 LESS  PROVIDERS,  PROVIDED  THAT AN APPLICANT MAY BE REQUIRED TO INCLUDE
 CONSTRUCTION AND  ENGINEERING  DRAWINGS  AND  INFORMATION  DEMONSTRATING
 COMPLIANCE WITH THE CRITERIA IN PARAGRAPH (G) OF THIS SUBDIVISION;
   (C)  A  MUNICIPAL CORPORATION MAY NOT REQUIRE THE COLLOCATION OF SMALL
 WIRELESS FACILITIES ON ANY SPECIFIC UTILITY POLE OR CATEGORY OF POLES OR
 REQUIRE MULTIPLE ANTENNA SYSTEMS ON A SINGLE UTILITY POLE;  THE  USE  OF
 SPECIFIC POLE TYPES OR CONFIGURATIONS WHEN INSTALLING NEW OR REPLACEMENT
 POLES;  OR  THE UNDERGROUND PLACEMENTS OF SMALL WIRELESS FACILITIES THAT
 ARE OR ARE DESIGNATED IN AN APPLICATION TO BE  POLE-MOUNTED  OR  GROUND-
 MOUNTED;
   (D)  A  MUNICIPAL  CORPORATION  MAY NOT LIMIT THE COLLOCATION OF SMALL
 WIRELESS FACILITIES BY MINIMUM HORIZONTAL SEPARATION  DISTANCE  REQUIRE-
 MENTS  FROM  EXISTING SMALL WIRELESS FACILITIES, UTILITY POLES, OR OTHER
 STRUCTURES;
   (E) A MUNICIPAL CORPORATION MAY REQUIRE AN  APPLICANT  TO  INCLUDE  AN
 ATTESTATION  THAT  THE SMALL WIRELESS FACILITIES WILL BE OPERATIONAL FOR
 USE BY A WIRELESS SERVICES PROVIDER WITHIN ONE  YEAR  AFTER  THE  PERMIT
 ISSUANCE  DATE,  UNLESS  THE  MUNICIPAL  CORPORATION  APPLICANT AGREE TO

 S. 7508                            119                           A. 9508

 EXTEND THIS PERIOD OR DELAY IS CAUSED BY LACK  OF  COMMERCIAL  POWER  OR
 COMMUNICATIONS TRANSPORT FACILITIES TO THE SITE;
   (F)  WITHIN  TEN DAYS OF RECEIPT OF AN APPLICATION, A MUNICIPAL CORPO-
 RATION MUST DETERMINE AND NOTIFY THE APPLICANT IN  WRITING  WHETHER  THE
 APPLICATION  IS  COMPLETE.  IF  AN APPLICATION IS DEEMED INCOMPLETE, THE
 MUNICIPAL CORPORATION MUST SPECIFICALLY IDENTIFY THE MISSING INFORMATION
 IN WRITING. THE PROCESSING DEADLINE IN PARAGRAPH (G) OF THIS SUBDIVISION
 IS TOLLED FROM THE TIME THE AUTHORITY SENDS THE NOTICE OF INCOMPLETENESS
 TO THE TIME THE APPLICANT PROVIDES THE MISSING INFORMATION.  SUCH  PROC-
 ESSING  DEADLINE  MAY ALSO BE TOLLED UPON AGREEMENT OF THE APPLICANT AND
 THE MUNICIPAL CORPORATION;
   (G) MUNICIPAL CORPORATIONS SHALL PROCESS APPLICATIONS ON A  NONDISCRI-
 MINATORY  BASIS  AND  SUCH  APPLICATIONS SHALL BE DEEMED APPROVED IF THE
 MUNICIPAL CORPORATION FAILS TO APPROVE OR DENY  THE  APPLICATION  WITHIN
 SIXTY DAYS OF RECEIPT OF THE APPLICATION;
   (H) A MUNICIPAL CORPORATION MAY DENY A PROPOSED COLLOCATION OF A SMALL
 WIRELESS  FACILITY  OR  INSTALLATION,  MODIFICATION  OR REPLACEMENT OF A
 UTILITY POLE THAT MEETS THE REQUIREMENTS OF SUBDIVISION FIVE OF  SECTION
 THREE HUNDRED ONE OF THIS ARTICLE ONLY IF THE PROPOSED APPLICATION:  (I)
 MATERIALLY  INTERFERES WITH THE SAFE OPERATION OF TRAFFIC CONTROL EQUIP-
 MENT; (II) MATERIALLY INTERFERES WITH SIGHT LINES  OR  CLEAR  ZONES  FOR
 TRANSPORTATION  OR PEDESTRIANS; (III) MATERIALLY INTERFERES WITH COMPLI-
 ANCE WITH THE AMERICANS WITH DISABILITIES  ACT  OR  SIMILAR  FEDERAL  OR
 STATE  STANDARDS  REGARDING PEDESTRIAN ACCESS OR MOVEMENT; (IV) FAILS TO
 COMPLY WITH REASONABLE AND NONDISCRIMINATORY HORIZONTAL SPACING REQUIRE-
 MENTS OF GENERAL APPLICATION  ADOPTED  BY  ORDINANCE  THAT  CONCERN  THE
 LOCATION OF GROUND-MOUNTED EQUIPMENT AND NEW UTILITY POLES. SUCH SPACING
 REQUIREMENTS  SHALL  NOT  PREVENT  A  WIRELESS PROVIDER FROM SERVING ANY
 LOCATION; (V) DESIGNATES THE LOCATION OF A  NEW  UTILITY  POLE  FOR  THE
 PURPOSE  OF  COLLOCATING  A SMALL WIRELESS FACILITY WITHIN SEVEN FEET IN
 ANY DIRECTION OF AN ELECTRICAL CONDUCTOR, UNLESS THE  WIRELESS  PROVIDER
 OBTAINS  THE  WRITTEN CONSENT OF THE POWER SUPPLIER THAT OWNS OR MANAGES
 THE ELECTRICAL CONDUCTOR; (VI) FAILS TO COMPLY WITH APPLICABLE CODES; OR
 (VII) FAILS TO COMPLY WITH SUBDIVISION SIX, SEVEN OR  EIGHT  OF  SECTION
 THREE HUNDRED ONE OF THIS ARTICLE;
   (I)  THE  MUNICIPAL  CORPORATION MUST DOCUMENT THE BASIS FOR A DENIAL,
 INCLUDING THE SPECIFIC CODE PROVISIONS ON WHICH THE  DENIAL  WAS  BASED,
 AND  SEND  THE  DOCUMENTATION  TO THE APPLICANT ON THE DAY THE AUTHORITY
 DENIES AN APPLICATION. THE APPLICANT MAY CURE THE  DEFICIENCIES  IDENTI-
 FIED  BY  THE  MUNICIPAL CORPORATION AND RESUBMIT THE APPLICATION WITHIN
 THIRTY DAYS OF THE DENIAL WITHOUT PAYING AN ADDITIONAL APPLICATION  FEE.
 THE  MUNICIPAL CORPORATION SHALL APPROVE OR DENY THE REVISED APPLICATION
 WITHIN THIRTY DAYS OF RESUBMISSION AND LIMIT ITS REVIEW TO THE DEFICIEN-
 CIES CITED IN THE DENIAL. ANY APPLICATION NOT ACTED UPON  WITHIN  THIRTY
 DAYS OF RESUBMISSION SHALL BE DEEMED APPROVED;
   (J) AN APPLICANT SEEKING TO COLLOCATE SMALL WIRELESS FACILITIES WITHIN
 THE  JURISDICTION  OF A SINGLE MUNICIPAL CORPORATION SHALL BE ALLOWED AT
 THE APPLICANT'S DISCRETION TO FILE A CONSOLIDATED APPLICATION FOR UP  TO
 THIRTY  SMALL  WIRELESS  FACILITIES  AND RECEIVE A SINGLE PERMIT FOR THE
 COLLOCATION OF MULTIPLE SMALL WIRELESS  FACILITIES;  PROVIDED,  HOWEVER,
 THE  DENIAL  OF  ONE OR MORE SMALL WIRELESS FACILITIES IN A CONSOLIDATED
 APPLICATION SHALL NOT DELAY  PROCESSING  OF  ANY  OTHER  SMALL  WIRELESS
 FACILITIES  IN THE SAME CONSOLIDATED APPLICATION. SOLELY FOR PURPOSES OF
 CALCULATING THE NUMBER OF SMALL WIRELESS FACILITIES  IN  A  CONSOLIDATED
 APPLICATION,  A  SMALL  WIRELESS  FACILITY  INCLUDES ANY UTILITY POLE ON
 WHICH SUCH SMALL WIRELESS FACILITY WILL BE COLLOCATED;

 S. 7508                            120                           A. 9508
 
   (K) INSTALLATION OR COLLOCATION FOR WHICH A PERMIT IS GRANTED PURSUANT
 TO THIS SECTION SHALL BE COMPLETED WITHIN  ONE  YEAR  AFTER  THE  PERMIT
 ISSUANCE  DATE  UNLESS THE MUNICIPAL CORPORATION AND THE APPLICANT AGREE
 TO EXTEND THIS PERIOD OR A DELAY IS CAUSED BY  THE  LACK  OF  COMMERCIAL
 POWER  OR COMMUNICATIONS FACILITIES AT THE SITE. APPROVAL OF AN APPLICA-
 TION AUTHORIZES THE APPLICANT TO:  (I)  UNDERTAKE  THE  INSTALLATION  OR
 COLLOCATION;  AND (II) SUBJECT TO APPLICABLE RELOCATION REQUIREMENTS AND
 THE APPLICANT'S RIGHT TO TERMINATE AT ANY TIME, OPERATE AND MAINTAIN THE
 SMALL WIRELESS FACILITIES AND ANY ASSOCIATED UTILITY POLE COVERED BY THE
 PERMIT FOR A PERIOD OF NOT LESS THAN TEN YEARS, WHICH  MUST  BE  RENEWED
 FOR  EQUIVALENT  DURATIONS  SO  LONG  AS THEY ARE IN COMPLIANCE WITH THE
 CRITERIA SET FORTH IN PARAGRAPH (G) OF THIS SUBDIVISION;
   (L) NO MUNICIPAL CORPORATION MAY INSTITUTE,  EITHER  EXPRESSLY  OR  DE
 FACTO,  A  MORATORIUM  ON: (I) FILING, RECEIVING, OR PROCESSING APPLICA-
 TIONS; OR (II) ISSUING PERMITS OR  OTHER  APPROVALS,  IF  ANY,  FOR  THE
 COLLOCATION  OF SMALL WIRELESS FACILITIES OR THE INSTALLATION, MODIFICA-
 TION, OR REPLACEMENT OF UTILITY POLES TO SUPPORT SMALL WIRELESS  FACILI-
 TIES; AND
   (M)  THE  APPROVAL OF THE INSTALLATION, PLACEMENT, OR MAINTENANCE OF A
 SMALL WIRELESS FACILITY PURSUANT TO THIS SECTION DOES NOT AUTHORIZE  THE
 INSTALLATION, PLACEMENT, MAINTENANCE, OR OPERATION OF ANY OTHER COMMUNI-
 CATIONS  FACILITY, INCLUDING A WIRELINE BACKHAUL FACILITY, IN A RIGHT OF
 WAY.
   5. WHEN APPLICATIONS NOT REQUIRED. A MUNICIPAL CORPORATION  SHALL  NOT
 REQUIRE AN APPLICATION FOR ROUTINE MAINTENANCE, THE REPLACEMENT OF SMALL
 WIRELESS FACILITIES WITH SMALL WIRELESS FACILITIES THAT ARE SUBSTANTIAL-
 LY  SIMILAR OR THE SAME SIZE OR SMALLER, OR THE INSTALLATION, PLACEMENT,
 MAINTENANCE, OPERATION, OR REPLACEMENT OF MICRO WIRELESS FACILITIES THAT
 ARE SUSPENDED ON CABLES THAT ARE STRUNG BETWEEN EXISTING UTILITY  POLES,
 IN  COMPLIANCE  WITH  THE APPLICABLE CODES. A MUNICIPAL CORPORATION MAY,
 HOWEVER, REQUIRE A PERMIT FOR WORK THAT REQUIRES EXCAVATION  OR  CLOSURE
 OF SIDEWALKS OR VEHICULAR LANES WITHIN THE ROW FOR SUCH ACTIVITIES. SUCH
 A  PERMIT  MUST BE ISSUED TO THE APPLICANT ON A NON-DISCRIMINATORY BASIS
 UPON TERMS AND CONDITIONS APPLIED TO ANY OTHER  PERSON'S  ACTIVITIES  IN
 THE  RIGHT  OF  WAY  THAT  REQUIRE  EXCAVATION, CLOSING OF SIDEWALKS, OR
 VEHICULAR LANES.
   § 303. ACCESS TO MUNICIPAL CORPORATION POLES WITHIN THE RIGHT OF  WAY.
 1. APPLICABILITY. THIS SECTION SHALL APPLY TO ACTIVITIES OF THE WIRELESS
 PROVIDER WITHIN THE RIGHT OF WAY.
   2. EXCLUSIVE USE PROHIBITED. A PERSON OWNING, MANAGING, OR CONTROLLING
 MUNICIPAL  CORPORATION  POLES  IN THE RIGHT OF WAY MAY NOT ENTER INTO AN
 EXCLUSIVE ARRANGEMENT WITH ANY PERSON FOR THE RIGHT TO  ATTACH  TO  SUCH
 POLES.  A  PERSON WHO PURCHASES OR OTHERWISE ACQUIRES A MUNICIPAL CORPO-
 RATION POLE IS SUBJECT TO THE REQUIREMENTS OF THIS SECTION.
   3. ALLOWANCES. A MUNICIPAL CORPORATION SHALL ALLOW THE COLLOCATION  OF
 SMALL WIRELESS FACILITIES ON MUNICIPAL CORPORATION POLES ON NONDISCRIMI-
 NATORY  TERMS  AND CONDITIONS USING THE PROCESS IN SECTION THREE HUNDRED
 THREE OF THIS ARTICLE.
   4. RATES. (A) THE RATES TO COLLOCATE ON  MUNICIPAL  CORPORATION  POLES
 SHALL  BE  NONDISCRIMINATORY  REGARDLESS OF THE SERVICES PROVIDED BY THE
 COLLOCATING WIRELESS PROVIDER.
   (B) THE RATE TO COLLOCATE ON MUNICIPAL CORPORATION POLES  IS  PROVIDED
 IN SECTION THREE HUNDRED FOUR OF THIS ARTICLE.
   5. IMPLEMENTATION, MAKE-READY WORK. (A) THE RATES, FEES, AND TERMS AND
 CONDITIONS  FOR  THE  MAKE-READY WORK TO COLLOCATE ON A MUNICIPAL CORPO-

 S. 7508                            121                           A. 9508
 
 RATION  POLE  MUST  BE  NONDISCRIMINATORY,  COMPETITIVELY  NEUTRAL,  AND
 COMMERCIALLY REASONABLE AND MUST COMPLY WITH THIS ARTICLE.
   (B)  THE MUNICIPAL CORPORATION SHALL PROVIDE A GOOD FAITH ESTIMATE FOR
 ANY MAKE-READY  WORK  NECESSARY  TO  ENABLE  THE  POLE  TO  SUPPORT  THE
 REQUESTED COLLOCATION BY A WIRELESS PROVIDER, INCLUDING POLE REPLACEMENT
 IF NECESSARY, WITHIN SIXTY DAYS AFTER RECEIPT OF A COMPLETE APPLICATION.
 MAKE-READY  WORK,  INCLUDING  ANY  POLE  REPLACEMENT, SHALL BE COMPLETED
 WITHIN SIXTY DAYS OF WRITTEN ACCEPTANCE OF THE GOOD  FAITH  ESTIMATE  BY
 THE  APPLICANT.  A  MUNICIPAL CORPORATION MAY REQUIRE REPLACEMENT OF THE
 MUNICIPAL CORPORATION'S POLE ONLY IF IT DEMONSTRATES THAT  THE  COLLOCA-
 TION WOULD MAKE SUCH POLE STRUCTURALLY UNSOUND.
   (C)  THE  PERSON OWNING, MANAGING, OR CONTROLLING THE MUNICIPAL CORPO-
 RATION'S POLE SHALL NOT REQUIRE MORE MAKE-READY WORK  THAN  REQUIRED  TO
 MEET  APPLICABLE  CODES  OR INDUSTRY STANDARDS. FEES FOR MAKE-READY WORK
 SHALL NOT INCLUDE COSTS RELATED  TO  PRE-EXISTING  OR  PRIOR  DAMAGE  OR
 NONCOMPLIANCE. FEES FOR MAKE-READY WORK, INCLUDING ANY POLE REPLACEMENT,
 SHALL  NOT  EXCEED  EITHER  ACTUAL  COSTS OR THE AMOUNT CHARGED TO OTHER
 COMMUNICATIONS SERVICE PROVIDERS FOR SIMILAR WORK AND SHALL NOT  INCLUDE
 ANY  REVENUE  OR  CONTINGENCY-BASED CONSULTANT'S FEES OR EXPENSES OF ANY
 KIND.
   § 304. RATES AND FEES. 1. APPLICABILITY. THIS SECTION SHALL  GOVERN  A
 MUNICIPAL  CORPORATION'S  RATES  AND  FEES  FOR THE PLACEMENT OF A SMALL
 WIRELESS FACILITY OR ASSOCIATED UTILITY POLE.
   2. PERMISSIBLE RATES AND FEES. A MUNICIPAL CORPORATION MAY NOT REQUIRE
 A WIRELESS PROVIDER TO PAY ANY  RATES,  FEES,  OR  COMPENSATION  TO  THE
 MUNICIPAL  CORPORATION  OR  OTHER  PERSON  OTHER  THAN WHAT IS EXPRESSLY
 AUTHORIZED BY THIS ARTICLE FOR THE RIGHT TO USE OR  OCCUPY  A  RIGHT  OF
 WAY,  FOR  COLLOCATION  OF SMALL WIRELESS FACILITIES ON UTILITY POLES IN
 THE RIGHT OF WAY, OR FOR THE  INSTALLATION,  MAINTENANCE,  MODIFICATION,
 OPERATION AND REPLACEMENT OF UTILITY POLES IN THE RIGHT OF WAY.
   3. APPLICATION FEES. A MUNICIPAL CORPORATION MAY CHARGE AN APPLICATION
 FEE,  SO LONG AS SUCH FEE IS REASONABLE, NONDISCRIMINATORY, AND RECOVERS
 NO MORE THAN AN AUTHORITY'S DIRECT COSTS FOR PROCESSING AN  APPLICATION;
 PROVIDED  HOWEVER,  NO  SUCH  FEE  SHALL  EXCEED THE FOLLOWING: (A) FIVE
 HUNDRED DOLLARS FOR THE FIRST FIVE SMALL WIRELESS FACILITIES ON THE SAME
 APPLICATION AND ONE HUNDRED DOLLARS FOR EACH ADDITIONAL  SMALL  WIRELESS
 FACILITY  ON  THE SAME APPLICATION; AND (B) ONE THOUSAND DOLLARS FOR THE
 INSTALLATION, MODIFICATION OR REPLACEMENT OF  A  UTILITY  POLE  TOGETHER
 WITH  THE  COLLOCATION OF AN ASSOCIATED SMALL WIRELESS FACILITY THAT ARE
 PERMITTED USES IN ACCORDANCE WITH THE SPECIFICATIONS SET FORTH IN SUBDI-
 VISION FOUR OF SECTION THREE HUNDRED TWO OF THIS ARTICLE.
   4. RATES. (A) RIGHT OF WAY: A MUNICIPAL CORPORATION MAY CHARGE FOR THE
 OCCUPANCY AND USE OF THE RIGHT OF WAY, SO LONG AS SUCH RATE  IS  REASON-
 ABLE, NONDISCRIMINATORY, AND DOES NOT EXCEED THE GREATER OF THE AUTHORI-
 TY'S  DIRECT COSTS OR TWENTY DOLLARS PER YEAR PER SMALL WIRELESS FACILI-
 TY.
   (B) MUNICIPAL CORPORATION POLE COLLOCATION RATE:  A  MUNICIPAL  CORPO-
 RATION  MAY  CHARGE  FOR  COLLOCATION  OF A SMALL WIRELESS FACILITY ON A
 MUNICIPAL CORPORATION POLE, SO LONG AS SUCH RATE IS REASONABLE,  NONDIS-
 CRIMINATORY, AND DOES NOT EXCEED THE GREATER OF AUTHORITY'S DIRECT COSTS
 OR TWO HUNDRED FIFTY DOLLARS PER MUNICIPAL CORPORATION POLE PER YEAR.
   5.    RATE  OR  FEE ADJUSTMENT. SHOULD A MUNICIPAL CORPORATION HAVE AN
 EXISTING RATE OR FEE TO CONSTRUCT,  INSTALL,  MOUNT,  MAINTAIN,  MODIFY,
 OPERATE, OR REPLACE A WIRELESS FACILITY OR WIRELESS SUPPORT STRUCTURE IN
 THE RIGHT OF WAY, INCLUDING COLLOCATION IN SUCH RIGHT OF WAY, CONTROLLED
 BY  THE  MUNICIPAL CORPORATION AND SUCH RATE OR FEE DOES NOT COMPLY WITH

 S. 7508                            122                           A. 9508
 
 THE REQUIREMENTS IN THIS ARTICLE, NOT LATER THAN THE  END  OF  THE  NEXT
 FISCAL  YEAR  IMMEDIATELY SUCCEEDING THE EFFECTIVE DATE OF THIS ARTICLE,
 THE MUNICIPAL CORPORATION SHALL IMPLEMENT  A  REVISED  RATE  OR  FEE  TO
 ENSURE COMPLIANCE WITH THIS ARTICLE FOR ALL AFFECTED PERSONS.
   § 305. CABLE SERVICES. THIS SECTION APPLIES TO ACTIVITIES IN THE RIGHT
 OF  WAY  ONLY. NOTHING IN THIS ARTICLE SHALL BE INTERPRETED TO ALLOW ANY
 ENTITY TO PROVIDE SERVICES REGULATED UNDER 47 U.S.C. § 521 TO 573  WITH-
 OUT  COMPLIANCE  WITH  ALL  LAWS APPLICABLE TO SUCH PROVIDERS, NOR SHALL
 THIS ARTICLE BE INTERPRETED TO IMPOSE  ANY  NEW  REQUIREMENTS  ON  CABLE
 PROVIDERS FOR THE PROVISION OF SUCH SERVICE IN THIS STATE.
   § 306. LOCAL AUTHORITY. SUBJECT TO THIS ARTICLE AND APPLICABLE FEDERAL
 LAW,  A MUNICIPAL CORPORATION MAY CONTINUE TO EXERCISE ZONING, LAND USE,
 PLANNING AND PERMITTING AUTHORITY WITHIN ITS TERRITORIAL BOUNDARIES WITH
 RESPECT TO WIRELESS SUPPORT STRUCTURES AND UTILITY POLES, INCLUDING  THE
 ENFORCEMENT OF APPLICABLE CODES.  A MUNICIPAL CORPORATION SHALL NOT HAVE
 OR  EXERCISE ANY JURISDICTION OR AUTHORITY OVER THE DESIGN, ENGINEERING,
 CONSTRUCTION, INSTALLATION, OR OPERATION OF A  SMALL  WIRELESS  FACILITY
 LOCATED  IN AN INTERIOR STRUCTURE OR UPON THE SITE OF A CAMPUS, STADIUM,
 OR ATHLETIC FACILITY NOT OWNED OR CONTROLLED  BY  THE  MUNICIPAL  CORPO-
 RATION,  OTHER THAN TO REQUIRE COMPLIANCE WITH APPLICABLE CODES. NOTHING
 IN THIS ARTICLE AUTHORIZES  THE  STATE  OR  ANY  POLITICAL  SUBDIVISION,
 INCLUDING  A MUNICIPAL CORPORATION, TO REQUIRE WIRELESS FACILITY DEPLOY-
 MENT OR TO REGULATE WIRELESS SERVICES.
   § 307. INVESTOR-OWNED ELECTRIC UTILITY POLES. THIS  ARTICLE  DOES  NOT
 APPLY  TO UTILITY POLES OWNED BY AN INVESTOR-OWNED UTILITY, EXCEPT AS IT
 CONCERNS A WIRELESS PROVIDER'S ACCESS TO THE RIGHT OF  WAY  AND  PERMITS
 FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES ON SUCH UTILITY POLES.
   § 308. IMPLEMENTATION.  1. ADOPTION. A MUNICIPAL CORPORATION MAY ADOPT
 AN ORDINANCE THAT MAKES AVAILABLE TO WIRELESS PROVIDERS RATES, FEES, AND
 OTHER  TERMS  THAT  COMPLY  WITH  THIS  ARTICLE.    SUBJECT TO THE OTHER
 PROVISIONS OF THIS SECTION, IN THE ABSENCE OF AN ORDINANCE OR  AGREEMENT
 THAT  FULLY  COMPLIES WITH THIS ARTICLE AND UNTIL SUCH A COMPLIANT ORDI-
 NANCE IS ADOPTED, IF AT ALL, A WIRELESS PROVIDER MAY INSTALL AND OPERATE
 SMALL  WIRELESS  FACILITIES  AND  ASSOCIATED  UTILITY  POLES  UNDER  THE
 REQUIREMENTS  OF THIS ARTICLE. A MUNICIPAL CORPORATION MAY NOT REQUIRE A
 WIRELESS PROVIDER TO ENTER INTO AN AGREEMENT TO IMPLEMENT THIS  ARTICLE,
 BUT SUCH AGREEMENTS ARE PERMISSIBLE IF VOLUNTARY AND NONDISCRIMINATORY.
   2.  ORDINANCES AND AGREEMENTS.  ORDINANCES AND AGREEMENTS IMPLEMENTING
 THIS ARTICLE ARE PUBLIC/PRIVATE ARRANGEMENTS AND ARE MATTERS OF  LEGITI-
 MATE AND SIGNIFICANT STATEWIDE CONCERN.
   3.  APPLICATION.  AN AGREEMENT OR ORDINANCE THAT DOES NOT FULLY COMPLY
 WITH THIS ARTICLE SHALL APPLY ONLY  TO  SMALL  WIRELESS  FACILITIES  AND
 ASSOCIATED UTILITY POLES THAT WERE OPERATIONAL BEFORE THE EFFECTIVE DATE
 OF THIS ARTICLE, AND SHALL BE DEEMED INVALID AND UNENFORCEABLE BEGINNING
 ON  THE  ONE  HUNDRED  EIGHTY-FIRST DAY AFTER THE EFFECTIVE DATE OF THIS
 ARTICLE UNLESS AMENDED TO FULLY COMPLY WITH THIS ARTICLE.  IF AN  AGREE-
 MENT  OR ORDINANCE IS INVALID IN ACCORDANCE WITH THIS SUBDIVISION, SMALL
 WIRELESS FACILITIES AND ASSOCIATED UTILITY POLES THAT BECAME OPERATIONAL
 BEFORE THE EFFECTIVE DATE OF THIS ARTICLE, PURSUANT TO SUCH AGREEMENT OR
 ORDINANCE, MAY REMAIN INSTALLED AND BE OPERATED UNDER  THE  REQUIREMENTS
 OF THIS ARTICLE.
   4.  INVALID AND UNENFORCEABLE.  AN AGREEMENT OR ORDINANCE THAT APPLIES
 TO SMALL WIRELESS FACILITIES AND ASSOCIATED UTILITY  POLES  THAT  BECOME
 OPERATIONAL  ON  OR  AFTER THE EFFECTIVE DATE OF THIS ARTICLE IS INVALID
 AND UNENFORCEABLE UNLESS IT FULLY COMPLIES WITH  THIS  ARTICLE.  IN  THE
 ABSENCE OF AN ORDINANCE OR AGREEMENT THAT FULLY COMPLIES WITH THIS ARTI-

 S. 7508                            123                           A. 9508

 CLE,  A WIRELESS PROVIDER MAY INSTALL AND OPERATE SMALL WIRELESS FACILI-
 TIES AND ASSOCIATED UTILITY POLES IN THE RIGHT OF WAY UNDER THE REQUIRE-
 MENTS OF THIS ARTICLE.
   §  309.  DISPUTE  RESOLUTION.  A COURT OF COMPETENT JURISDICTION SHALL
 HAVE JURISDICTION TO DETERMINE ALL DISPUTES ARISING UNDER THIS  ARTICLE.
 PENDING  RESOLUTION  OF  A  DISPUTE  CONCERNING RATES FOR COLLOCATION OF
 SMALL WIRELESS FACILITIES ON MUNICIPAL  CORPORATION  POLES,  THE  PERSON
 OWNING  OR  CONTROLLING  THE  POLE SHALL ALLOW THE COLLOCATING PERSON TO
 COLLOCATE ON ITS POLES AT ANNUAL RATES OF NO MORE  THAN  TWENTY  DOLLARS
 WITH RATES TO BE TRUED UP UPON FINAL RESOLUTION OF THE DISPUTE.
   §  310.  INDEMNIFICATION,  INSURANCE,  AND BONDING. A MUNICIPAL CORPO-
 RATION MAY  ADOPT  REASONABLE  INDEMNIFICATION,  INSURANCE  AND  BONDING
 REQUIREMENTS  RELATED  TO SMALL WIRELESS FACILITY AND ASSOCIATED UTILITY
 POLE PERMITS SUBJECT TO THE REQUIREMENTS OF THIS ARTICLE.
   1. INDEMNIFICATION. A MUNICIPAL CORPORATION SHALL NOT REQUIRE A  WIRE-
 LESS  PROVIDER  TO  INDEMNIFY AND HOLD THE MUNICIPAL CORPORATION AND ITS
 OFFICERS AND EMPLOYEES HARMLESS AGAINST ANY CLAIMS, LAWSUITS, JUDGMENTS,
 COSTS, LIENS, LOSSES, EXPENSES OR FEES, EXCEPT WHEN A COURT OF COMPETENT
 JURISDICTION HAS FOUND THAT THE  NEGLIGENCE  OF  THE  WIRELESS  PROVIDER
 WHILE INSTALLING, REPAIRING, OR MAINTAINING CAUSED THE HARM THAT CREATED
 SUCH  CLAIMS,  LAWSUITS,  JUDGMENTS,  COSTS, LIENS, LOSSES, EXPENSES, OR
 FEES.
   2. INSURANCE. A MUNICIPAL CORPORATION AUTHORITY MAY REQUIRE A WIRELESS
 PROVIDER TO HAVE IN EFFECT INSURANCE COVERAGE CONSISTENT  WITH  SUBDIVI-
 SION  ONE  OF THIS SECTION, SO LONG AS THE MUNICIPAL CORPORATION IMPOSES
 SIMILAR REQUIREMENTS ON OTHER RIGHT OF WAY USERS AND  SUCH  REQUIREMENTS
 ARE  REASONABLE  AND  NONDISCRIMINATORY. (A) A MUNICIPAL CORPORATION MAY
 NOT REQUIRE A WIRELESS PROVIDER TO OBTAIN INSURANCE NAMING THE MUNICIPAL
 CORPORATION OR ITS OFFICERS AND EMPLOYEES AN ADDITIONAL INSURED.
   (B) A MUNICIPAL CORPORATION AUTHORITY MAY REQUIRE A WIRELESS  PROVIDER
 TO  FURNISH PROOF OF INSURANCE, IF REQUIRED, PRIOR TO THE EFFECTIVE DATE
 OF ANY PERMIT ISSUED FOR A SMALL WIRELESS FACILITY.
   3. BONDING. A MUNICIPAL CORPORATION MAY ADOPT BONDING REQUIREMENTS FOR
 SMALL WIRELESS FACILITIES IF THE MUNICIPAL CORPORATION  IMPOSES  SIMILAR
 REQUIREMENTS  IN  CONNECTION  WITH PERMITS ISSUED FOR OTHER RIGHT OF WAY
 USERS.
   (A) THE PURPOSE OF SUCH BONDS SHALL BE TO:
   (I) PROVIDE FOR THE REMOVAL  OF  ABANDONED  OR  IMPROPERLY  MAINTAINED
 SMALL  WIRELESS FACILITIES, INCLUDING THOSE THAT A MUNICIPAL CORPORATION
 DETERMINES NEED TO BE REMOVED  TO  PROTECT  PUBLIC  HEALTH,  SAFETY,  OR
 WELFARE;  (II)  RESTORATION  OF  THE  RIGHT  OF  WAY  IN CONNECTION WITH
 REMOVALS UNDER SUBDIVISION THIRTEEN OF SECTION THREE HUNDRED ONE OF THIS
 ARTICLE; OR (III) TO RECOUP RATES OR FEES THAT HAVE NOT BEEN PAID  BY  A
 WIRELESS PROVIDER IN OVER TWELVE MONTHS, SO LONG AS THE WIRELESS PROVID-
 ER  HAS RECEIVED REASONABLE NOTICE FROM THE MUNICIPAL CORPORATION OF ANY
 OF THE NON-COMPLIANCE LISTED ABOVE AND AN OPPORTUNITY TO CURE.
   (B) BONDING REQUIREMENTS MAY NOT EXCEED TWO HUNDRED DOLLARS PER  SMALL
 WIRELESS  FACILITY.  FOR WIRELESS PROVIDERS WITH MULTIPLE SMALL WIRELESS
 FACILITIES WITHIN THE JURISDICTION OF A  SINGLE  MUNICIPAL  CORPORATION,
 THE  TOTAL BOND AMOUNT ACROSS ALL FACILITIES MAY NOT EXCEED TEN THOUSAND
 DOLLARS, WHICH AMOUNT MAY BE COMBINED INTO ONE BOND INSTRUMENT.
   § 2. The highway law is amended by adding a new section 24 to read  as
 follows:
   24.  STATEWIDE  MASTER LICENSE AGREEMENT.   THE COMMISSIONER IS HEREBY
 AUTHORIZED TO ENTER INTO A STATEWIDE MASTER  LICENSE  AGREEMENT  WITH  A
 WIRELESS  PROVIDER  FOR  USE AND OCCUPANCY OF THE STATE RIGHT OF WAY FOR

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 THE PURPOSES OF  INSTALLING  COMMUNICATIONS  FACILITIES  ON  UTILITY  OR
 DEPARTMENT OWNED POLES OR NEW WIRELESS PROVIDER OWNED POLES. THE COMMIS-
 SIONER  SHALL  INCLUDE  ELEMENTS  IN  SUCH  AN AGREEMENT HE OR SHE DEEMS
 APPROPRIATE  TO  MAINTAIN  THE  SAFETY AND EFFECTIVE MANAGEMENT OF STATE
 ROADWAYS.  SUCH STATEWIDE AGREEMENT MAY INCLUDE A FEE, NOT TO EXCEED THE
 GREATER OF THE DEPARTMENT'S DIRECT COSTS, OR AN AMOUNT SET FORTH IN  THE
 AGREEMENT  FOR USE AND OCCUPANCY OF THE RIGHT OF WAY, PER SMALL WIRELESS
 FACILITY AS THAT TERM IS DEFINED IN SUBDIVISION TWENTY-FOUR  OF  SECTION
 THREE  HUNDRED  OF  THE  GENERAL  MUNICIPAL LAW. NOTHING IN THIS SECTION
 SHALL BE DEEMED TO PROHIBIT THE DEPARTMENT FROM COLLECTING ANY OTHER FEE
 IT HAS ESTABLISHED FOR ANY OTHER PERMIT THE  DEPARTMENT  ISSUES  OR  ANY
 OTHER FEE THE DEPARTMENT ASSESSES ANY INDIVIDUAL FOR ANY ACTIVITY IN THE
 DEPARTMENT'S NORMAL COURSE OF BUSINESS.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
                                  PART CC
 
   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 58 of the laws of 2018, is amended to read as follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed on July 1, [2020] 2024; provided however, that the expi-
 ration of this act shall not impair  or  otherwise  affect  any  of  the
 powers,  duties,  responsibilities,  functions, rights or liabilities of
 any subsidiary duly  created  pursuant  to  subdivision  twenty-five  of
 section 1678 of the public authorities law prior to such expiration.
   § 2. This act shall take effect immediately.
 
                                  PART DD
 
   Section  1.  Subdivision  (a)  of section 2 and section 3 of part F of
 chapter 60 of the laws of 2015 constituting the  infrastructure  invest-
 ment act, subdivision (a) of section 2 of part F as amended by section 1
 of  part M of chapter 39 of the laws of 2019, and section 3 of part F as
 amended by section 3 of part RRR of chapter 59 of the laws of 2017,  are
 amended to read as follows:
   (a)  (i) "authorized state entity" shall mean the New York state thru-
 way authority, the department of transportation, the  office  of  parks,
 recreation  and  historic  preservation, the department of environmental
 conservation [and], the New York state bridge authority, THE  OFFICE  OF
 GENERAL  SERVICES, THE DORMITORY AUTHORITY, THE URBAN DEVELOPMENT CORPO-
 RATION, THE STATE UNIVERSITY CONSTRUCTION FUND, THE NEW YORK STATE OLYM-
 PIC REGIONAL DEVELOPMENT AUTHORITY AND THE BATTERY PARK CITY AUTHORITY.
   (ii) Notwithstanding the provisions of subdivision 26 of section  1678
 of  the  public  authorities law, section 8 of the public buildings law,
 sections 8 and 9 of section 1 of chapter 359 of  the  laws  of  1968  as
 amended, section 103 of the general municipal law, and the provisions of
 any  other law to the contrary, the term "authorized state entity" shall
 also refer to only those agencies or authorities identified below solely
 in connection with the following authorized projects, provided that such
 an authorized state entity may utilize the alternative  delivery  method
 referred  to  as  design-build  contracts  solely in connection with the

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 following authorized projects should the total cost of each such project
 not be less than five million dollars ($5,000,000):

     Authorized Projects                     Authorized State Entity
 
 1.  Frontier Town                        Urban Development Corporation
 
 2.  Life Sciences Laboratory             Dormitory Authority & Urban
                                          Development Corporation
 
 3.  Whiteface Transformative Projects    New York State Olympic Regional
                                          Development Authority
 
 4.  Gore Transformative Projects         New York State Olympic Regional
                                          Development Authority
 5.  Belleayre Transformative Projects    New York State Olympic Regional
                                          Development Authority
 6.  Mt. Van Hoevenberg Transformative    New York State Olympic Regional
     Projects                             Development Authority
 7.  Olympic Training Center              New York State Olympic Regional
                                          Development Authority
 8.  Olympic Arena and Convention         New York State Olympic Regional
     Center Complex                       Development Authority
 9.  State Fair Revitalization            Office of General
     Projects                             Services
 10. State Police Forensic                Office of General
     Laboratory                           Services
 
   Notwithstanding  any  provision  of law to the contrary, all rights or
 benefits, including terms and conditions of employment,  and  protection
 of  civil  service  and  collective  bargaining  status  of all existing
 employees of authorized state entities [solely in  connection  with  the
 authorized  projects  listed  above,]  shall be preserved and protected.
 Nothing in this section shall result in the:  (1)  displacement  of  any
 currently  employed  worker  or  loss  of  position  (including  partial
 displacement such as a reduction in  the  hours  of  non-overtime  work,
 wages,  or  employment benefits) or result in the impairment of existing
 collective bargaining agreements; [and] (2) transfer of existing  duties
 and  functions related to maintenance and operations currently performed
 by existing employees of authorized  state  entities  to  a  contracting
 entity;  OR  (3)  TRANSFER  OF  FUTURE  DUTIES  AND FUNCTIONS ORDINARILY
 PERFORMED BY EMPLOYEES OF AUTHORIZED STATE ENTITIES TO  THE  CONTRACTING
 ENTITY.  Nothing  contained  herein shall be construed to affect (A) the
 existing rights of employees pursuant to an existing collective bargain-
 ing agreement, and (B) the existing representational relationships among
 employee organizations  or  the  bargaining  relationships  between  the
 employer and an employee organization.
   If otherwise applicable, authorized projects undertaken by the author-
 ized   state  entities  listed  above  solely  in  connection  with  the
 provisions of this act shall be subject to  section  135  of  the  state
 finance  law,  section 101 of the general municipal law, and section 222
 of the labor law; provided, however, that an authorized state entity may
 fulfill its obligations under section 135 of the state  finance  law  or
 section  101 of the general municipal law by requiring the contractor to
 prepare separate specifications in accordance with section  135  of  the

 S. 7508                            126                           A. 9508

 state  finance  law  or section 101 of the general municipal law, as the
 case may be.
   §  3. Notwithstanding the provisions of section 38 of the highway law,
 section 136-a of the state finance law, [section]  SECTIONS  359,  1678,
 1680,  1680-A  AND  2879-A  of  the  public  authorities  law, [section]
 SECTIONS 376, 407-A, 6281 AND 7210 of the education law, SECTIONS 8  AND
 9  OF THE PUBLIC BUILDINGS LAW, SECTION 11 OF CHAPTER 795 OF THE LAWS OF
 1967, SECTION 11 OF SECTION 1 OF CHAPTER 174 OF  THE  LAWS  OF  1968  AS
 AMENDED, SECTION 8 AND 9 OF SECTION 1 OF CHAPTER 359 OF THE LAWS OF 1968
 AS AMENDED, SECTION 29 OF CHAPTER 337 OF THE LAWS OF 1972, SECTION 21 OF
 CHAPTER  464  OF  THE LAWS OF 1972, SECTION 103 OF THE GENERAL MUNICIPAL
 LAW, and the provisions of  any  other  law  to  the  contrary,  and  in
 conformity with the requirements of this act, an authorized state entity
 may  utilize the alternative delivery method referred to as design-build
 contracts, in consultation with relevant local labor  organizations  and
 construction industry, for capital projects LOCATED IN THE STATE related
 to [the state's] physical infrastructure, including, but not limited to,
 [the  state's]  highways, bridges, BUILDINGS AND APPURTENANT STRUCTURES,
 dams, flood control projects, canals,  and  parks,  including,  but  not
 limited  to,  to  repair  damage  caused by natural disaster, to correct
 health and safety defects, to comply with federal and state laws, stand-
 ards, and regulations, to extend the useful  life  of  or  replace  [the
 state's]  highways, bridges, BUILDINGS AND APPURTENANT STRUCTURES, dams,
 flood control projects, canals, and parks or to improve or add  to  [the
 state's]  highways, bridges, BUILDINGS AND APPURTENANT STRUCTURES, dams,
 flood control  projects,  canals,  and  parks;  provided  that  for  the
 contracts  executed  by  the department of transportation, the office of
 parks, recreation and historic preservation, or the department of  envi-
 ronmental conservation, the total cost of each such project shall not be
 less than ten million dollars ($10,000,000).
   §  2. The opening paragraph and subdivision (a) of section 4 of part F
 of chapter 60 of  the  laws  of  2015  constituting  the  infrastructure
 investment act, as amended by section 4 of part RRR of chapter 59 of the
 laws of 2017, are amended to read as follows:
   An  entity  selected  by  an  authorized  state entity to enter into a
 design-build contract [shall] MAY be selected through a two-step method,
 as follows:
   (a) Step one. Generation of a list of entities that have  demonstrated
 the  general capability to perform the design-build contract.  Such list
 shall consist of a specified number of entities,  as  determined  by  an
 authorized  state  entity, and shall be generated based upon the author-
 ized state entity's review of responses to a publicly advertised request
 for qualifications. The authorized state entity's request for qualifica-
 tions shall include a general description of the  project,  the  maximum
 number of entities to be included on the list, the selection criteria to
 be used and the relative weight of each criteria in generating the list.
 Such  selection criteria shall include the qualifications and experience
 of the design and construction team, organization, demonstrated  respon-
 sibility,  ability  of the team or of a member or members of the team to
 comply with applicable requirements, including the provisions  of  arti-
 cles  145,  147  and 148 of the education law, past record of compliance
 with the labor law, and such other qualifications the  authorized  state
 entity  deems  appropriate  which  may  include  but  are not limited to
 project understanding, financial capability and record of past  perform-
 ance.  The  authorized state entity shall evaluate and rate all entities
 responding to the request for qualifications.  Based upon such  ratings,

 S. 7508                            127                           A. 9508
 
 the authorized state entity shall list the entities that shall receive a
 request  for  proposals  in  accordance  with  subdivision  (b)  of this
 section.   To the extent consistent with  applicable  federal  law,  the
 authorized  state  entity  shall  consider,  when  awarding any contract
 pursuant to this section, the  participation  of:  (i)  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]  (ii) small business
 concerns identified pursuant to subdivision (b) of section 139-g of  the
 state finance law; AND (III) FIRMS CERTIFIED PURSUANT TO ARTICLE 17-B OF
 THE  EXECUTIVE  LAW AS SERVICE-DISABLED VETERAN-OWNED BUSINESSES AND THE
 ABILITY OF OTHER BUSINESSES UNDER CONSIDERATION TO  WORK  WITH  SERVICE-
 DISABLED  VETERAN-OWNED  BUSINESSES  SO AS TO PROMOTE AND ASSIST PARTIC-
 IPATION BY SUCH BUSINESSES.
   § 3. Sections 7 and 8 of part F of chapter 60  of  the  laws  of  2015
 constituting  the  infrastructure  investment act are amended to read as
 follows:
   § 7. If otherwise  applicable,  capital  projects  undertaken  by  the
 authorized state entity pursuant to this act shall be subject to section
 135  of  the state finance law, SECTION 101 OF THE GENERAL MUNICIPAL LAW
 and section 222 of the labor law; PROVIDED, HOWEVER, THAT AN  AUTHORIZED
 STATE  ENTITY MAY FULFILL ITS OBLIGATIONS UNDER SECTION 135 OF THE STATE
 FINANCE LAW OR SECTION 101 OF THE GENERAL MUNICIPAL LAW BY REQUIRING THE
 CONTRACTOR TO PREPARE SEPARATE SPECIFICATIONS IN ACCORDANCE WITH SECTION
 135 OF THE STATE FINANCE LAW OR SECTION 101  OF  THE  GENERAL  MUNICIPAL
 LAW, AS THE CASE MAY BE.
   §  8. Each contract entered into by the authorized state entity pursu-
 ant to this section shall comply with the objectives and goals of minor-
 ity and women-owned business enterprises pursuant to article 15-A of the
 executive law AND OF SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES
 PURSUANT TO ARTICLE 17-B OF THE EXECUTIVE LAW or, for projects receiving
 federal aid, shall  comply  with  applicable  federal  requirements  for
 disadvantaged business enterprises.
   §  4. Paragraph 3 of subdivision (a) and subdivision (b) of section 13
 of part F of chapter 60 of the laws of 2015 constituting the infrastruc-
 ture investment act, as amended by section 11 of part RRR of chapter  59
 of the laws of 2017, are amended to read as follows:
   3. (I) 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, WHICH LUMP SUM PRICE MAY BE NEGO-
 TIATED AND ESTABLISHED  BY  THE  AUTHORIZED  STATE  ENTITY  BASED  ON  A
 PROPOSED GUARANTEED MAXIMUM PRICE.
   (II)  THE DESIGN-BUILD CONTRACT MAY INCLUDE BOTH LUMP SUM ELEMENTS AND
 COST-PLUS NOT TO EXCEED GUARANTEED MAXIMUM PRICE ELEMENTS AND  MAY  ALSO
 PROVIDE FOR PROFESSIONAL SERVICES ON A FEE-FOR-SERVICE BASIS.
   (b)  Capital  projects  undertaken  by  an authorized state entity may
 include an incentive clause in  the  contract  for  various  performance
 objectives, but the incentive clause shall not include an incentive that
 exceeds the quantifiable value of the benefit received by the authorized
 state  entity.  [The] NOTWITHSTANDING THE PROVISIONS OF SECTIONS 136 AND
 137 OF THE STATE FINANCE LAW, THE authorized state entity shall  [estab-
 lish]  REQUIRE  such  performance  and  payment  bonds, OR OTHER FORM OF
 UNDERTAKING as it deems necessary.

 S. 7508                            128                           A. 9508
 
   § 5. Part F of chapter 60 of the laws of 2015 constituting the infras-
 tructure investment act is amended by adding a new section 15-a to  read
 as follows:
   §  15-A.  ANY CONTRACT AWARDED PURSUANT TO THIS ACT SHALL BE DEEMED TO
 BE AWARDED PURSUANT TO A COMPETITIVE PROCUREMENT FOR PURPOSES OF SECTION
 2879-A OF THE PUBLIC AUTHORITIES LAW.
   § 6. Section 17 of part F of chapter 60 of the laws of 2015 constitut-
 ing the infrastructure investment act, as amended by section 1  of  part
 WWW of chapter 59 of the laws of 2019, is amended to read as follows:
   §  17.  This act shall take effect immediately and shall expire and be
 deemed repealed [6 years after such date]  ON  JULY  1,  2023,  provided
 that,  projects  with  requests  for qualifications issued prior to such
 repeal shall be permitted to continue  under  this  act  notwithstanding
 such repeal.
   §  7.  This act shall take effect immediately; provided, however, that
 the amendments to part F of chapter 60 of  the  laws  of  2015  made  by
 sections one, two, three, four and five of this act shall not affect the
 repeal of such part and shall be deemed to repeal therewith.
 
                                  PART EE
 
   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 Z of chapter 58 of the
 laws of 2019, 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, [2020] 2021.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after July 1, 2020.
 
                                  PART FF
 
   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 Y of chapter 58 of the  laws  of  2019,  is
 amended to read as follows:
   §  2.  This  act shall take effect immediately provided, however, that
 section one of this act shall expire on July 1, [2020]  2021,  at  which
 time the provisions of subdivision 26 of section 5 of the New York state
 urban  development  corporation  act shall be deemed repealed; provided,
 however, that neither the expiration nor the repeal of such  subdivision
 as provided for herein shall be deemed to affect or impair in any manner
 any  loan  made  pursuant  to the authority of such subdivision prior to
 such expiration and repeal.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2020.
 
                                  PART GG
 
   Section  1.  Paragraph  (a)  of  subdivision  11 of section 400 of the
 economic development law, as amended by section 3 of part QQ of  chapter
 60 of the laws of 2016, is amended to read as follows:
   (a)  a  correctional facility, as defined in paragraph (a) of subdivi-
 sion four of section two of the correction law, that has  been  selected

 S. 7508                            129                           A. 9508
 
 by  the governor of the state of New York for closure after April first,
 two thousand eleven[ but no later than March thirty-first, two  thousand
 twelve]; or
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to section 400 of the economic development  law  made  by
 section  one of this act shall not affect the repeal of such section and
 shall be deemed repealed therewith.
 
                                  PART HH
 
   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 $22,700,000
 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 2018. 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, 2020 and such amounts shall be paid to
 the New York state energy  research  and  development  authority  on  or
 before  September  10,  2020.  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  up  to $4 million to the state general fund for climate change
 related services and expenses of the department of environmental conser-
 vation, $150,000 to the state general fund for services and expenses  of
 the department of agriculture and markets, and $825,000 to the Universi-
 ty 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 president and chief executive
 officer  of the authority, or his or her designee, detailing any and all
 expenditures and commitments ascribable to moneys received as  a  result
 of  this  assessment  by  the  chair of the department of public service
 pursuant to section 18-a of the  public  service  law.    This  itemized
 record  shall include an itemized breakdown of the programs being funded
 by this section and the amount committed to each program.  The authority
 shall not commit for  any  expenditure,  any  moneys  derived  from  the
 assessment provided for in this section, until the chair of such author-
 ity  shall  have  submitted,  and  the director of the budget shall have

 S. 7508                            130                           A. 9508
 
 approved, a comprehensive financial plan encompassing all moneys  avail-
 able to and all anticipated commitments and expenditures by such author-
 ity from any source for the operations of such authority.  Copies of the
 approved  comprehensive financial plan shall be immediately submitted by
 the chair to the  chairs  and  secretaries  of  the  legislative  fiscal
 committees.    Any  such  amount  not  committed  by  such  authority to
 contracts or contracts to  be  awarded  or  otherwise  expended  by  the
 authority  during the fiscal year shall be refunded by such authority on
 a pro-rata basis to such gas and/or electric corporations, in  a  manner
 to  be  determined  by  the department of public service, and any refund
 amounts must be explicitly lined out in the  itemized  record  described
 above.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2020.
 
                                  PART II
 
   Section 1. The closing paragraph of subdivision 1 of  section  161  of
 the  labor  law, as added by chapter 105 of the laws of 2019, is amended
 to read as follows:
   Every person employed as a farm laborer  shall  be  allowed  at  least
 twenty-four  consecutive  hours of rest in each and every calendar week.
 This requirement shall not apply  to  the  EMPLOYER  OR  parent,  child,
 spouse  or  other  member  of the employer's immediate family.  THE TERM
 "EMPLOYER" SHALL HAVE THE SAME MEANING AS DEFINED IN PARAGRAPHS (A)  AND
 (B) OF SUBDIVISION TWO OF SECTION SEVEN HUNDRED ONE OF THIS CHAPTER. THE
 TERM  "IMMEDIATE  FAMILY  MEMBER" SHALL MEAN FAMILY RELATED TO THE THIRD
 DEGREE OF CONSANGUINITY OR AFFINITY. Twenty-four consecutive hours spent
 at rest because of circumstances, such as weather  or  crop  conditions,
 shall  be  deemed  to constitute the rest required by this paragraph. No
 provision of this paragraph shall prohibit a farm laborer from voluntar-
 ily agreeing to work on such day of rest  required  by  this  paragraph,
 provided  that the farm laborer is compensated at an overtime rate which
 is at least one and one-half times the laborer's regular rate of pay for
 all hours worked on such day of rest. The term "farm labor" AS  USED  IN
 THIS  SECTION  AND SECTIONS ONE HUNDRED SIXTY-TWO AND ONE HUNDRED SIXTY-
 THREE-A OF THIS ARTICLE shall include all services performed in agricul-
 tural  employment  in  connection  with  cultivating  the  soil,  or  in
 connection  with  raising  or  harvesting  of  agricultural commodities,
 including the raising, shearing, caring for and management of livestock,
 poultry or dairy. The day of  rest  authorized  under  this  subdivision
 should, whenever possible, coincide with the traditional day reserved by
 the farm laborer for religious worship.
   §  2.  Section  163-a of the labor law, as added by chapter 105 of the
 laws of 2019, is amended to read as follows:
   § 163-a. Farm laborers. No person  or  corporation  operating  a  farm
 shall  require any [employee] FARM LABORER to work more than sixty hours
 in  any  calendar  week;  provided,  however,  that  any  overtime  work
 performed by a farm laborer shall be at a rate which is at least one and
 one-half  times the laborer's regular rate of pay. No wage order subject
 to the provisions of this chapter shall be applicable to a farm  laborer
 other  than  a  wage  order  established pursuant to section six hundred
 seventy-four or six hundred seventy-four-a of this chapter.
   § 3. Paragraph (c) of subdivision 3 of section 701 of the  labor  law,
 as  added  by  chapter  105  of  the laws of 2019, is amended to read as
 follows:

 S. 7508                            131                           A. 9508
 
   (c) The term "employee" shall also include farm laborers. "Farm labor-
 ers" shall mean any individual engaged or permitted by  an  employer  to
 work on a farm, except the parent, spouse, child, or other member of the
 employer's  immediate family.   THE TERM "IMMEDIATE FAMILY MEMBER" SHALL
 MEAN FAMILY RELATED TO THE THIRD DEGREE OF CONSANGUINITY OR AFFINITY.
   § 4. This act shall take effect immediately.
 
                                  PART JJ
 
   Section  1.  Section  103  of  the general municipal law is amended by
 adding a new subdivision 9-b to read as follows:
   9-B. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION  TO  THE
 CONTRARY,  A  BOARD OF EDUCATION, ON BEHALF OF ITS SCHOOL DISTRICT, OR A
 BOARD OF COOPERATIVE EDUCATIONAL  SERVICES,  THAT  PURCHASES  GOODS  AND
 SERVICES  FOR  THE  FEDERAL  CHILD  NUTRITION  PROGRAMS  MAY USE ITS OWN
 PROCUREMENT PROCEDURES WHICH ADHERE TO APPLICABLE LOCAL LAWS  AND  REGU-
 LATIONS,  PROVIDED  THAT  PROCUREMENTS  MADE  WITH NONPROFIT SCHOOL FOOD
 ACCOUNT FUNDS ADHERE TO THE STANDARDS SET FORTH IN THE  NATIONAL  SCHOOL
 LUNCH  PROGRAM (7 CFR 210), SCHOOL BREAKFAST PROGRAM (7 CFR 220), SUMMER
 FOOD SERVICE PROGRAM (7 CFR 225), AND IN 2 CFR PART 200, SUBPART  D,  AS
 APPLICABLE.
   § 2. This act shall take effect immediately.
 
                                  PART KK
 
   Section  1.  Subdivision 4 of section 1285-j of the public authorities
 law is amended by adding a new closing paragraph to read as follows:
   SUBJECT TO ANY APPLICABLE PROVISIONS OF  FEDERAL  OR  STATE  LAW,  ANY
 FINANCIAL  ASSISTANCE  AT  AN  INTEREST RATE OF ZERO PERCENT PROVIDED TO
 MUNICIPALITIES THAT MEET THE HARDSHIP CRITERIA ESTABLISHED  PURSUANT  TO
 SECTION  17-1909 OF THE ENVIRONMENTAL CONSERVATION LAW, MAY HAVE A FINAL
 MATURITY UP TO FORTY YEARS FOLLOWING COMPLETION OF THE ELIGIBLE PROJECT.
   § 2. Subdivision 4 of section 1285-m of the public authorities law  is
 amended by adding a new closing paragraph to read as follows:
   SUBJECT  TO  ANY  APPLICABLE  PROVISIONS  OF FEDERAL OR STATE LAW, ANY
 FINANCIAL ASSISTANCE AT AN INTEREST RATE OF  ZERO  PERCENT  PROVIDED  TO
 MUNICIPALITIES  THAT  MEET THE HARDSHIP CRITERIA ESTABLISHED PURSUANT TO
 TITLE FOUR OF ARTICLE ELEVEN OF THE PUBLIC HEALTH LAW, MAY HAVE A  FINAL
 MATURITY UP TO FORTY YEARS FOLLOWING COMPLETION OF THE ELIGIBLE PROJECT.
   § 3. This act shall take effect immediately.
 
                                  PART LL
 
   Section  1.  The  banking  law is amended by adding a new article 7 to
 read as follows:
                                ARTICLE VII
                     LICENSED CONSUMER DEBT COLLECTORS
 SECTION 295. DEFINITIONS.
         296. LICENSE REQUIRED; ENTITIES EXEMPT.
         297. APPLICATION FOR LICENSE; FEES.
         298. SURETY BOND REQUIRED.
         299. EXAMINATION; BOOKS AND RECORDS; REPORTS.
         300. PROHIBITED ACTS.
         301. REGULATIONS; MINIMUM STANDARDS.
         302. APPLICATION FOR ACQUISITION OF CONTROL OF A  CONSUMER  DEBT
                COLLECTOR.

 S. 7508                            132                           A. 9508
 
         303. SUSPENSION AND REVOCATION.
         304. BAD ACTORS.
   § 295. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "APPLICANT" MEANS A CONSUMER DEBT COLLECTOR WHO HAS FILED AN APPLI-
 CATION TO OBTAIN A LICENSE UNDER THIS ARTICLE.
   2.  "COMMUNICATION"  AND "COMMUNICATE" MEANS THE CONVEYING OF INFORMA-
 TION REGARDING A DEBT DIRECTLY OR INDIRECTLY TO ANY PERSON  THROUGH  ANY
 MEDIUM.
   3.  "CONSUMER  DEBT"  MEANS ANY OBLIGATION OF A NATURAL PERSON FOR THE
 PAYMENT OF MONEY OR ITS EQUIVALENT WHICH ARISES  OUT  OF  A  TRANSACTION
 WHICH  WAS  PRIMARILY  FOR  PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES. THE
 TERM INCLUDES AN OBLIGATION OF A  NATURAL  PERSON  WHO  IS  A  CO-MAKER,
 ENDORSER, GUARANTOR OR SURETY OF SUCH A TRANSACTION.
   4.  "CONSUMER  DEBTOR" MEANS ANY NATURAL PERSON OBLIGATED OR ALLEGEDLY
 OBLIGATED TO PAY ANY CONSUMER DEBT.
   5. "CONSUMER DEBT COLLECTOR" MEANS ANY PERSON WHO ENGAGES IN  A  BUSI-
 NESS,  A  PRINCIPAL PURPOSE OF WHICH IS THE COLLECTION OF CONSUMER DEBTS
 OR OF DEBT BUYING, OR WHO REGULARLY COLLECTS  OR  ATTEMPTS  TO  COLLECT,
 DIRECTLY  OR  INDIRECTLY,  CONSUMER DEBTS OWED OR DUE TO ANOTHER PERSON.
 THE TERM INCLUDES ANY CREDITOR WHO, IN THE PROCESS OF COLLECTING ITS OWN
 CONSUMER DEBTS, AND USES ANY NAME OTHER THAN ITS OWN WHICH WOULD REASON-
 ABLY INDICATE THAT A THIRD PERSON IS COLLECTING OR ATTEMPTING TO COLLECT
 A CONSUMER DEBT.
   6. "CONTROL" MEANS THE POSSESSION, DIRECT OR INDIRECT, OF THE POWER TO
 DIRECT OR CAUSE THE DIRECTION  OF  THE  MANAGEMENT  AND  POLICIES  OF  A
 PERSON, WHETHER THROUGH THE OWNERSHIP OF VOTING SECURITIES, BY CONTRACT,
 EXCEPT  A  COMMERCIAL  CONTRACT FOR GOODS OR NON-MANAGEMENT SERVICES, OR
 OTHERWISE; BUT NO PERSON SHALL BE DEEMED TO CONTROL ANOTHER PERSON SOLE-
 LY BY REASON OF HIS OR HER BEING AN OFFICER OR DIRECTOR  OF  SUCH  OTHER
 PERSON.  CONTROL  SHALL  BE  PRESUMED TO EXIST IF ANY PERSON DIRECTLY OR
 INDIRECTLY OWNS, CONTROLS OR HOLDS WITH THE POWER TO VOTE TEN PERCENT OR
 MORE OF THE VOTING SECURITIES OF ANY OTHER PERSON.
   7. "CREDITOR" MEANS ANY PERSON TO WHOM A CONSUMER DEBT IS OWED.
   8. "LICENSEE" MEANS A CONSUMER DEBT COLLECTOR THAT  POSSESSES  ONE  OR
 MORE LICENSES PURSUANT TO THIS ARTICLE.
   9.  "PERSON"  MEANS  A NATURAL PERSON OR ANY ENTITY, INCLUDING BUT NOT
 LIMITED TO ANY PARTNERSHIP, CORPORATION,  BRANCH,  AGENCY,  ASSOCIATION,
 ORGANIZATION,  ANY  SIMILAR  ENTITY  OR ANY COMBINATION OF THE FOREGOING
 ACTING IN CONCERT.
   § 296. LICENSE REQUIRED; ENTITIES EXEMPT. 1. NO PERSON SHALL ACT WITH-
 IN THIS STATE AS A CONSUMER  DEBT  COLLECTOR,  DIRECTLY  OR  INDIRECTLY,
 WITHOUT  FIRST  OBTAINING  A LICENSE FROM THE SUPERINTENDENT. A CONSUMER
 DEBT COLLECTOR IS ACTING WITHIN THIS STATE IF IT IS SEEKING  TO  COLLECT
 FROM ANY CONSUMER DEBTOR THAT RESIDES WITHIN THIS STATE.
   2.  NO  CREDITOR MAY UTILIZE THE SERVICES OF A CONSUMER DEBT COLLECTOR
 TO COLLECT FROM A CONSUMER DEBTOR THAT RESIDES WITHIN THIS STATE  UNLESS
 THE CONSUMER DEBT COLLECTOR IS LICENSED BY THE SUPERINTENDENT.
   3.  THE REQUIREMENTS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION SHALL
 NOT APPLY TO:
   (A) AN INDIVIDUAL EMPLOYED BY A LICENSED CONSUMER DEBT COLLECTOR  WHEN
 ATTEMPTING TO COLLECT ON BEHALF OF SUCH CONSUMER DEBT COLLECTOR;
   (B)  A PERSON WHO RECEIVES FUNDS IN ESCROW FOR SUBSEQUENT DISTRIBUTION
 TO OTHERS, INCLUDING, BUT NOT LIMITED TO, A REAL ESTATE BROKER OR LENDER
 HOLDING FUNDS OF BORROWERS FOR PAYMENT OF TAXES OR INSURANCE;
   (C) ANY PUBLIC OFFICER ACTING IN THEIR OFFICIAL CAPACITY;

 S. 7508                            133                           A. 9508
 
   (D) A PERSON WHO IS PRINCIPALLY ENGAGED IN THE BUSINESS  OF  SERVICING
 LOANS  OR  ACCOUNTS WHICH ARE NOT DELINQUENT FOR THE OWNERS THEREOF WHEN
 IN ADDITION TO REQUESTING PAYMENT FROM DELINQUENT CONSUMER DEBTORS,  THE
 PERSON PROVIDES OTHER SERVICES INCLUDING RECEIPT OF PAYMENT, ACCOUNTING,
 RECORD-KEEPING,  DATA  PROCESSING  SERVICES  AND REMITTING, FOR LOANS OR
 ACCOUNTS WHICH ARE CURRENT AS WELL AS THOSE WHICH ARE DELINQUENT;
   (E) ANY PERSON WHILE SERVING OR ATTEMPTING TO SERVE LEGAL  PROCESS  ON
 ANY  OTHER  PERSON  IN  CONNECTION  WITH THE JUDICIAL ENFORCEMENT OF ANY
 DEBT;
   (F) ANY NON-PROFIT ORGANIZATION WHICH, AT THE REQUEST  OF  A  CONSUMER
 DEBTOR,  PERFORMS  BONA  FIDE  CONSUMER  CREDIT  COUNSELING  AND ASSISTS
 CUSTOMERS IN THE LIQUIDATION OF THEIR DEBTS BY RECEIVING  PAYMENTS  FROM
 SUCH CONSUMER DEBTORS AND DISTRIBUTING SUCH AMOUNTS TO CREDITORS;
   (G)  ANY NATIONAL BANK, FEDERAL RESERVE BANK, OR AGENCY OR DIVISION OF
 THE FEDERAL GOVERNMENT, OR ANY PERSON, PARTNERSHIP, ASSOCIATION,  CORPO-
 RATION  OR  OTHER  ORGANIZATION  DOING BUSINESS UNDER OR PURSUANT TO THE
 PROVISIONS OF THIS CHAPTER,  OR  ANY  INSURER  DOING  BUSINESS  UNDER  A
 LICENSE ISSUED UNDER THE INSURANCE LAW; AND
   (H)  A  SUBSIDIARY  OR AFFILIATE OF ANY NATIONAL BANK, FEDERAL RESERVE
 BANK, OR AGENCY OR DIVISION OF THE FEDERAL GOVERNMENT,  OR  ANY  PERSON,
 PARTNERSHIP,  ASSOCIATION, CORPORATION OR OTHER ORGANIZATION DOING BUSI-
 NESS UNDER OR PURSUANT TO THE PROVISIONS OF THIS CHAPTER OR ANY  INSURER
 DOING  BUSINESS UNDER A LICENSE ISSUED UNDER THE INSURANCE LAW, PROVIDED
 SUCH AFFILIATE OR SUBSIDIARY IS NOT PRIMARILY ENGAGED IN THE BUSINESS OF
 PURCHASING AND COLLECTING UPON DELINQUENT DEBT,  OTHER  THAN  DELINQUENT
 DEBT SECURED BY REAL PROPERTY.
   §  297.  APPLICATION  FOR  LICENSE;  FEES. 1. (A) AN APPLICATION FOR A
 LICENSE UNDER THIS ARTICLE SHALL BE IN WRITING, UNDER OATH, AND  IN  THE
 FORM PRESCRIBED BY THE SUPERINTENDENT AND SHALL CONTAIN SUCH INFORMATION
 AS THE SUPERINTENDENT MAY REQUIRE.
   (B)  THE  SUPERINTENDENT MAY REJECT AN APPLICATION FOR A LICENSE OR AN
 APPLICATION FOR THE RENEWAL OF A LICENSE IF HE OR SHE IS  NOT  SATISFIED
 THAT  THE FINANCIAL RESPONSIBILITY, CHARACTER, REPUTATION, INTEGRITY AND
 GENERAL FITNESS OF THE APPLICANT AND OF THE OWNERS, PARTNERS OR  MEMBERS
 THEREOF,  IF  THE  APPLICANT BE A PARTNERSHIP OR ASSOCIATION, AND OF THE
 OFFICERS AND DIRECTORS, IF THE APPLICANT BE A CORPORATION, ARE  SUCH  AS
 TO  COMMAND  THE CONFIDENCE OF THE PUBLIC AND TO WARRANT THE BELIEF THAT
 THE BUSINESS FOR WHICH THE APPLICATION FOR A LICENSE IS  FILED  WILL  BE
 OPERATED LAWFULLY, HONESTLY AND FAIRLY.
   (C)  IN  ADDITION  TO  ANY  OTHER  INFORMATION  THE SUPERINTENDENT MAY
 REQUIRE THE APPLICATION TO ALSO INCLUDE A DESCRIPTION OF THE  ACTIVITIES
 OF  THE  APPLICANT,  IN  SUCH DETAIL AND FOR SUCH PERIODS, AS THE SUPER-
 INTENDENT MAY ESTABLISH.
   2. AT THE TIME OF MAKING THE APPLICATION FOR A LICENSE, THE  APPLICANT
 SHALL  PAY TO THE SUPERINTENDENT A FEE AS PRESCRIBED PURSUANT TO SECTION
 EIGHTEEN-A OF THIS CHAPTER FOR EACH PROPOSED LOCATION, FOR INVESTIGATING
 THE APPLICATION.
   3. IN ADDITION TO ANY OTHER FEE IMPOSED ON AN APPLICANT  OR  LICENSEE,
 EVERY  LICENSEE  SHALL PAY TO THE SUPERINTENDENT THE SUMS PROVIDED TO BE
 PAID UNDER THE PROVISIONS OF SECTION TWO HUNDRED SIX  OF  THE  FINANCIAL
 SERVICES LAW.
   4.  THE  LICENSE  SHALL BE FOR A PERIOD OF ONE YEAR AS OF THE FIRST OF
 SEPTEMBER EACH YEAR, OR SUCH OTHER DATE AS DETERMINED BY THE SUPERINTEN-
 DENT BY REGULATION.
   5. EACH LICENSE SHALL PLAINLY STATE THE NAME OF THE LICENSEE  AND  THE
 CITY  OR  TOWN  WITH  THE  NAME OF THE STREET AND NUMBER, IF ANY, OF THE

 S. 7508                            134                           A. 9508
 
 PLACE WHERE THE BUSINESS IS TO BE  CARRIED  ON.  A  LICENSEE  SHALL  NOT
 CHANGE  THE LOCATION WHERE THE BUSINESS OF THE LICENSEE IS TO BE CARRIED
 ON WITHOUT FIRST OBTAINING THE PRIOR APPROVAL OF THE  SUPERINTENDENT.  A
 REQUEST  FOR RELOCATION SHALL BE IN WRITING SETTING FORTH THE REASON FOR
 THE REQUEST, AND SHALL BE ACCOMPANIED BY A RELOCATION INVESTIGATION  FEE
 TO BE DETERMINED PURSUANT TO SECTION EIGHTEEN-A OF THIS CHAPTER.
   6.  THE  BUSINESS  SHALL  AT ALL TIMES BE CONDUCTED IN THE NAME OF THE
 LICENSEE AS IT APPEARS ON THE LICENSE.
   7. THE LICENSE SHALL NOT BE TRANSFERABLE NOR ASSIGNABLE.
   8. THE SUPERINTENDENT  MAY  PARTICIPATE  IN  A  MULTI-STATE  LICENSING
 SYSTEM  FOR  THE SHARING OF REGULATORY INFORMATION AND FOR THE LICENSING
 AND APPLICATION, BY ELECTRONIC OR OTHER MEANS, OF  ENTITIES  ENGAGED  IN
 THE  BUSINESS  OF  DEBT  COLLECTION.  THE  SUPERINTENDENT  MAY ESTABLISH
 REQUIREMENTS FOR PARTICIPATION BY AN APPLICANT IN A MULTI-STATE  LICENS-
 ING  SYSTEM  WHICH  MAY  VARY  FROM  THE PROVISIONS OF THIS SECTION. THE
 SUPERINTENDENT MAY REQUIRE A BACKGROUND INVESTIGATION OF EACH  APPLICANT
 FOR  A  CONSUMER  DEBT  COLLECTOR LICENSE BY MEANS OF FINGERPRINT, WHICH
 SHALL BE SUBMITTED BY ALL APPLICANTS SIMULTANEOUSLY WITH AN  APPLICATION
 AND  WHICH  THE  SUPERINTENDENT  MAY  SUBMIT TO THE DIVISION OF CRIMINAL
 JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTIGATIONS FOR STATE  AND
 NATIONAL  CRIMINAL HISTORY RECORD CHECKS. IF THE APPLICANT IS A PARTNER-
 SHIP, ASSOCIATION, CORPORATION OR OTHER FORM OF  BUSINESS  ORGANIZATION,
 THE  SUPERINTENDENT  MAY  REQUIRE  A  BACKGROUND  INVESTIGATION FOR EACH
 MEMBER, DIRECTOR AND PRINCIPAL OFFICER OF THE APPLICANT AND ANY INDIVID-
 UAL ACTING AS A MANAGER OF AN OFFICE LOCATION. THE APPLICANT  SHALL  PAY
 DIRECTLY  TO THE MULTI-STATE LICENSING SYSTEM ANY ADDITIONAL FEES RELAT-
 ING TO PARTICIPATION IN THE MULTI-STATE LICENSING SYSTEM.
   § 298. SURETY BOND REQUIRED. 1. A CONSUMER  DEBT  COLLECTOR  SHALL  BE
 REQUIRED TO FILE AND MAINTAIN IN FORCE A SURETY BOND, ISSUED BY A DOMES-
 TIC  INSURER,  AS  A  CONDITION PRECEDENT TO THE ISSUANCE OR RENEWAL AND
 MAINTENANCE OF A LICENSE UNDER THIS ARTICLE.  THE BOND SHALL BE FOR  THE
 BENEFIT  OF  CREDITORS  WHO  OBTAIN A JUDGMENT FROM A COURT OF COMPETENT
 JURISDICTION BASED ON THE FAILURE OF  THE  CONSUMER  DEBT  COLLECTOR  TO
 REMIT  MONEY  COLLECTED  ON  ACCOUNT AND OWED TO THE CREDITOR.  THE BOND
 SHALL ALSO BE FOR THE BENEFIT OF CONSUMER DEBTORS  WHO  OBTAIN  JUDGMENT
 FROM  A  COURT  OF  COMPETENT  JURISDICTION  BASED ON A VIOLATION BY THE
 CONSUMER DEBT COLLECTOR OF THE FEDERAL FAIR DEBT COLLECTION PRACTICE ACT
 OR ANY OTHER NEW YORK LAW OR FEDERAL LAW  WHICH  IS  APPLICABLE  TO  THE
 CONSUMER  DEBT COLLECTOR.  THE BOND SHALL BE IN A FORM PRESCRIBED BY THE
 SUPERINTENDENT IN THE SUM OF TWENTY-FIVE THOUSAND  DOLLARS.    THE  BOND
 SHALL  BE  CONTINUOUS IN FORM AND RUN CONCURRENTLY WITH THE ORIGINAL AND
 EACH RENEWAL LICENSE PERIOD UNLESS TERMINATED BY THE INSURANCE  COMPANY.
 AN INSURANCE COMPANY MAY TERMINATE A BOND AND AVOID FURTHER LIABILITY BY
 FILING  A  NOTICE OF TERMINATION WITH THE DEPARTMENT SIXTY DAYS PRIOR TO
 THE TERMINATION AND AT THE SAME TIME SENDING  THE  SAME  NOTICE  TO  THE
 CONSUMER DEBT COLLECTOR.
   2.  A LICENSE SHALL BE AUTOMATICALLY CANCELLED ON THE TERMINATION DATE
 OF THE BOND UNLESS A NEW BOND IS FILED WITH  THE  DEPARTMENT  TO  BECOME
 EFFECTIVE AT THE TERMINATION DATE OF THE PRIOR BOND.
   3.  IF  A  LICENSE HAS BEEN CANCELLED UNDER THIS SECTION, THE CONSUMER
 DEBT COLLECTOR MUST FILE A NEW APPLICATION TO OBTAIN A LICENSE AND  WILL
 BE CONSIDERED A NEW APPLICANT IF IT OBTAINS A NEW BOND.
   4.  FOR THE PURPOSES OF THIS SECTION THE TERM "DOMESTIC INSURER" SHALL
 HAVE THE SAME MEANING AS GIVEN IN  SECTION  ONE  HUNDRED  SEVEN  OF  THE
 INSURANCE  LAW.    IF  A BOND REQUIRED BY THIS SECTION IS NOT REASONABLY
 AVAILABLE FROM A DOMESTIC INSURER THE SUPERINTENDENT MAY, IN HIS OR  HER

 S. 7508                            135                           A. 9508
 
 DISCRETION,  PERMIT,  ON A CASE BY CASE BASIS OR BY ORDER, CONSUMER DEBT
 COLLECTORS TO OBTAIN THE BOND REQUIRED BY THIS SECTION FROM  SUCH  OTHER
 ENTITIES  LICENSED  BY THE DEPARTMENT AS THE SUPERINTENDENT DEEMS APPRO-
 PRIATE.
   §  299. EXAMINATION; BOOKS AND RECORDS; REPORTS. 1. FOR THE PURPOSE OF
 ENFORCING THE PROVISIONS OF THIS ARTICLE AND FOR ENSURING THE  SAFE  AND
 SOUND OPERATION OF THE CONSUMER DEBT COLLECTOR BUSINESS, THE SUPERINTEN-
 DENT  MAY  AT  ANY  TIME,  AND  AS  OFTEN  AS  MAY BE DETERMINED, EITHER
 PERSONALLY OR BY A PERSON DULY APPOINTED BY THE SUPERINTENDENT, INVESTI-
 GATE THE LOANS AND BUSINESS AND EXAMINE THE  BOOKS,  ACCOUNTS,  RECORDS,
 AND FILES USED THEREIN OF EVERY LICENSEE.
   2.  THE  SUPERINTENDENT AND DULY DESIGNATED REPRESENTATIVES SHALL HAVE
 FREE ACCESS TO THE OFFICES  AND  PLACE  OF  BUSINESS,  BOOKS,  ACCOUNTS,
 PAPERS,  RECORDS,  AUDIO RECORDINGS, FILES, SAFES AND VAULTS OF ALL SUCH
 LICENSEES WHEREVER LOCATED. THE SUPERINTENDENT SHALL HAVE  AUTHORITY  TO
 REQUIRE THE ATTENDANCE OF AND TO EXAMINE UNDER OATH ALL PERSONS WHOMSOE-
 VER WHOSE TESTIMONY MAY BE REQUIRED RELATIVE TO SUCH LOANS OR SUCH BUSI-
 NESS.
   3.  THE SUPERINTENDENT MAY ALSO ADDRESS TO A LICENSEE, OR THE OFFICERS
 THEREOF, ANY INQUIRY IN RELATION TO  ITS  TRANSACTIONS,  OPERATIONS,  OR
 CONDITIONS, OR ANY MATTER CONNECTED THEREWITH. EVERY PERSON SO ADDRESSED
 SHALL REPLY IN WRITING TO SUCH INQUIRY PROMPTLY AND TRUTHFULLY, AND SUCH
 REPLY  SHALL  BE,  IF REQUIRED BY THE SUPERINTENDENT, SUBSCRIBED BY SUCH
 INDIVIDUAL, OR BY SUCH OFFICER OR OFFICERS  OF  A  CORPORATION,  AS  THE
 SUPERINTENDENT  SHALL  DESIGNATE, AND AFFIRMED BY THEM AS TRUE UNDER THE
 PENALTIES OF PERJURY.
   4. EACH LICENSEE SHALL KEEP  AND  USE  IN  ITS  BUSINESS  SUCH  BOOKS,
 ACCOUNTS,  AND  RECORDS  AS  WILL ENABLE THE SUPERINTENDENT TO DETERMINE
 WHETHER SUCH LICENSEE IS COMPLYING WITH THE PROVISIONS OF  THIS  ARTICLE
 AND WITH THE RULES AND REGULATIONS PROMULGATED HEREUNDER. EVERY LICENSEE
 SHALL  PRESERVE  SUCH  BOOKS,  ACCOUNTS,  AND RECORDS, FOR AT LEAST FIVE
 YEARS AFTER MAKING THE FINAL ENTRY REGARDING A CONSUMER DEBT.  PRESERVA-
 TION  OF  PHOTOGRAPHIC  REPRODUCTION  THEREOF OR RECORDS IN PHOTOGRAPHIC
 FORM, INCLUDING AN OPTICAL DISK STORAGE SYSTEM AND THE USE OF ELECTRONIC
 DATA PROCESSING EQUIPMENT THAT  PROVIDES  COMPARABLE  RECORDS  TO  THOSE
 OTHERWISE  REQUIRED AND WHICH ARE AVAILABLE FOR EXAMINATION UPON REQUEST
 SHALL CONSTITUTE COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.
   5. EACH LICENSEE SHALL ANNUALLY, ON OR  BEFORE  APRIL  FIRST,  FILE  A
 REPORT  WITH  THE  SUPERINTENDENT  GIVING SUCH INFORMATION AS THE SUPER-
 INTENDENT MAY REQUIRE CONCERNING THE BUSINESS AND OPERATIONS DURING  THE
 PRECEDING  CALENDAR YEAR OF EACH LICENSED PLACE OF BUSINESS CONDUCTED BY
 SUCH LICENSEE WITHIN THE STATE UNDER AUTHORITY  OF  THIS  ARTICLE.  SUCH
 REPORT  SHALL  BE  SUBSCRIBED AND AFFIRMED AS TRUE BY THE LICENSEE UNDER
 THE PENALTIES OF PERJURY AND SHALL BE IN  THE  FORM  PRESCRIBED  BY  THE
 SUPERINTENDENT.
   6.  IN ADDITION TO ANNUAL REPORTS, THE SUPERINTENDENT MAY REQUIRE SUCH
 ADDITIONAL REGULAR OR SPECIAL REPORTS AS MAY BE DEEMED NECESSARY TO  THE
 PROPER  SUPERVISION  OF  LICENSEES  UNDER  THIS ARTICLE. SUCH ADDITIONAL
 REPORTS SHALL BE IN THE FORM PRESCRIBED BY THE SUPERINTENDENT AND  SHALL
 BE SUBSCRIBED AND AFFIRMED AS TRUE UNDER THE PENALTIES OF PERJURY.
   7. THE EXPENSES OF EVERY EXAMINATION OF THE AFFAIRS OF A CONSUMER DEBT
 COLLECTOR  SUBJECT TO THIS SECTION SHALL BE BORNE AND PAID BY THE LICEN-
 SEE.
   § 300. PROHIBITED ACTS. 1. NO CONSUMER DEBT COLLECTOR THAT IS REQUIRED
 TO BE LICENSED UNDER THIS ARTICLE SHALL ENGAGE IN  UNFAIR,  UNCONSCIONA-

 S. 7508                            136                           A. 9508
 
 BLE,  DECEPTIVE,  FALSE,  MISLEADING, ABUSIVE, OR UNLAWFUL ACTS OR PRAC-
 TICES.
   2.  WITHOUT LIMITING THE GENERAL APPLICATION OF THE PROHIBITED ACTS IN
 SUBDIVISION ONE OF THIS SECTION, IT SHALL BE UNLAWFUL FOR  ANY  CONSUMER
 DEBT COLLECTOR TO:
   (A)  ENGAGE  IN  ANY ACT OR PRACTICE WHICH WOULD BE A VIOLATION OF THE
 FEDERAL FAIR DEBT COLLECTION PRACTICE ACT, ANY OTHER  NEW  YORK  LAW  OR
 FEDERAL  LAW  WHICH IS APPLICABLE TO THE CONSUMER DEBT COLLECTOR, OR ANY
 ACT OR PRACTICE WHICH WOULD BE PROHIBITED UNDER SECTION SIX HUNDRED  ONE
 OF THE GENERAL BUSINESS LAW IF THE CONSUMER DEBT COLLECTOR WAS A PRINCI-
 PAL CREDITOR;
   (B) ENGAGE OR RETAIN THE SERVICES OF ANY PERSON WHO, BEING REQUIRED TO
 BE  LICENSED UNDER THIS ARTICLE, DOES NOT HAVE A VALID LICENSE ISSUED BY
 THE DEPARTMENT; OR
   (C) CAUSE ANY ACT TO BE DONE WHICH VIOLATES THIS SECTION.
   3. NO CONSUMER DEBT COLLECTOR LICENSED UNDER THIS ARTICLE SHALL:
   (A) WITHOUT THE PRIOR WRITTEN AND REVOCABLE CONSENT  OF  THE  CONSUMER
 DEBTOR GIVEN DIRECTLY TO THE DEBT COLLECTOR OR THE EXPRESS PERMISSION OF
 A  COURT  OF  COMPETENT JURISDICTION, ENGAGE IN ANY COMMUNICATION WITH A
 CONSUMER DEBTOR IN CONNECTION WITH THE COLLECTION OF ANY DEBTS:
   (I) AT ANY UNUSUAL TIME OR PLACE OR A TIME OR  PLACE  KNOWN  OR  WHICH
 SHOULD  BE  KNOWN  TO  BE  INCONVENIENT  TO  THE CONSUMER DEBTOR. IN THE
 ABSENCE OF KNOWLEDGE OF CIRCUMSTANCES TO THE CONTRARY, A DEBT  COLLECTOR
 SHALL  ASSUME THAT THE CONVENIENT TIME FOR COMMUNICATING WITH A CONSUMER
 DEBTOR IS AFTER EIGHT O'CLOCK  ANTEMERIDIAN  AND  BEFORE  EIGHT  O'CLOCK
 POSTMERIDIAN, LOCAL TIME AT THE CONSUMER DEBTOR'S LOCATION;
   (II) IF THE DEBT COLLECTOR KNOWS THE CONSUMER DEBTOR IS REPRESENTED BY
 AN ATTORNEY WITH RESPECT TO SUCH DEBT AND HAS KNOWLEDGE OF, OR CAN READ-
 ILY  ASCERTAIN,  SUCH  ATTORNEY'S  NAME AND ADDRESS, UNLESS THE ATTORNEY
 FAILS TO RESPOND WITHIN A REASONABLE PERIOD OF TIME TO  A  COMMUNICATION
 FROM THE DEBT COLLECTOR OR UNLESS THE ATTORNEY CONSENTS TO DIRECT COMMU-
 NICATION WITH THE CONSUMER DEBTOR;
   (III) AT THE CONSUMER DEBTOR'S PLACE OF EMPLOYMENT;
   (IV) MORE THAN TWO TIMES IN A SEVEN DAY PERIOD;
   (V) BY VOICEMAIL ON TO ANY TELEPHONE THAT IS KNOWN OR WHICH REASONABLY
 SHOULD  BE  KNOWN  MAY  BE  RECEIVED  BY SOMEONE OTHER THAN THE CONSUMER
 DEBTOR; OR
   (VI) BY MEANS OF ELECTRONIC COMMUNICATIONS, INCLUDING BUT NOT  LIMITED
 TO  SMS TEXT MESSAGE, MESSAGING APPLICATIONS ON MOBILE TELEPHONES, ELEC-
 TRONIC MAIL, FACEBOOK, AND OTHER FORMS OF SOCIAL MEDIA.
   (B) COMMUNICATE WITH A CONSUMER DEBTOR BY POSTCARD;
   (C) CONTINUE COMMUNICATION WITH A CONSUMER DEBTOR AFTER  THE  CONSUMER
 DEBT COLLECTOR'S FIRST COMMUNICATION IF THE DEBT COLLECTOR FAILS TO SEND
 THE  CONSUMER  DEBTOR A NOTICE IN WRITING WITHIN FIVE DAYS OF THAT FIRST
 COMMUNICATION, WHICH SUCH NOTICE SHALL BE PROMULGATED BY THE SUPERINTEN-
 DENT; OR
   (D) CONTINUE TO COMMUNICATE WITH A CONSUMER DEBTOR  ABOUT  A  CONSUMER
 DEBT  THAT  THE  CONSUMER DEBTOR DISPUTES WITHOUT PROVIDING THE CONSUMER
 DEBTOR WITH DOCUMENTS THAT VERIFY THE DISPUTED CONSUMER DEBT.
   § 301. REGULATIONS; MINIMUM STANDARDS.  THE SUPERINTENDENT MAY PROMUL-
 GATE RULES AND REGULATIONS GIVING EFFECT TO THE PROVISIONS OF THIS ARTI-
 CLE. SUCH RULES AND REGULATIONS MAY INCLUDE BUT SHALL NOT BE LIMITED  TO
 THE  ESTABLISHMENT  OF MINIMUM STANDARDS TO BE OBSERVED BY CONSUMER DEBT
 COLLECTORS ACTING WITHIN THIS STATE AND FURTHER DEFINING ACTS AND  PRAC-
 TICES  WHICH  ARE  UNFAIR, UNCONSCIONABLE, DECEPTIVE, FALSE, MISLEADING,
 ABUSIVE, OR UNLAWFUL UNDER SECTION THREE HUNDRED OF THIS ARTICLE.

 S. 7508                            137                           A. 9508
 
   § 302. APPLICATION FOR ACQUISITION  OF  CONTROL  OF  A  CONSUMER  DEBT
 COLLECTOR.   1. NO PERSON SHALL ACQUIRE CONTROL OF A LICENSEE UNDER THIS
 ARTICLE WITHOUT THE PRIOR APPROVAL OF THE SUPERINTENDENT.
   2.  ANY  PERSON  DESIROUS OF ACQUIRING SUCH CONTROL SHALL MAKE WRITTEN
 APPLICATION TO THE SUPERINTENDENT, SUCH APPLICATION  SHALL  BE  IN  SUCH
 FORM  AND  SHALL  CONTAIN  SUCH  INFORMATION,  INCLUDING THE INFORMATION
 REQUIRED UNDER SECTION TWO HUNDRED NINETY-SEVEN OF THIS ARTICLE, AS  THE
 SUPERINTENDENT  MAY  REQUIRE AND SUCH PERSON, AT THE TIME OF MAKING SUCH
 APPLICATION IF NOT LICENSED, SHALL PAY TO THE SUPERINTENDENT AN INVESTI-
 GATION FEE AS PRESCRIBED PURSUANT TO SECTION EIGHTEEN-A OF THIS CHAPTER.
   3. IN DETERMINING WHETHER TO APPROVE OR DENY AN APPLICATION UNDER THIS
 SECTION, THE SUPERINTENDENT SHALL CONSIDER:
   (A) WHETHER THE FINANCIAL RESPONSIBILITY, EXPERIENCE,  CHARACTER,  AND
 GENERAL  FITNESS  OF  THE  PERSON SEEKING TO ACQUIRE CONTROL, AND OF THE
 MEMBERS THEREOF IF SUCH PERSON BE A PARTNERSHIP OR ASSOCIATION,  AND  OF
 THE  OFFICERS,  DIRECTORS  AND  CONTROLLING STOCKHOLDERS THEREOF IF SUCH
 PERSON BE A CORPORATION, ARE SUCH AS TO COMMAND THE  CONFIDENCE  OF  THE
 COMMUNITY  AND  TO  WARRANT  BELIEF  THAT  THE BUSINESS WILL BE OPERATED
 HONESTLY, FAIRLY, AND EFFICIENTLY WITHIN THE PURPOSE OF THIS ARTICLE;
   (B) THE EFFECT THE ACQUISITION MAY HAVE ON COMPETITION; AND
   (C) WHETHER THE ACQUISITION MAY BE HAZARDOUS OR PREJUDICIAL TO CONSUM-
 ER DEBTORS OR CONSUMER CREDITORS IN THIS STATE.
   4. IF NO SUCH APPLICATION HAS BEEN MADE PRIOR TO  THE  ACQUISITION  OF
 CONTROL,  THE LICENSE FOR EACH PLACE OF BUSINESS MAINTAINED AND OPERATED
 BY THE LICENSEE SHALL, AT THE DISCRETION OF THE  SUPERINTENDENT,  BECOME
 NULL  AND  VOID AND EACH SUCH LICENSE SHALL BE SURRENDERED TO THE SUPER-
 INTENDENT.
   § 303. SUSPENSION AND REVOCATION.  IN  ADDITION  TO  ANY  OTHER  POWER
 PROVIDED BY LAW, THE SUPERINTENDENT MAY SUSPEND OR REVOKE THE LICENSE OF
 A  CONSUMER  DEBT  COLLECTOR,  IF  AFTER NOTICE AND AN OPPORTUNITY TO BE
 HEARD, THE SUPERINTENDENT FINDS THAT A CONSUMER DEBT COLLECTOR HAS:
   1. COMMITTED ANY FRAUD, ENGAGED IN ANY DISHONEST  ACTIVITIES  OR  MADE
 ANY MISREPRESENTATION;
   2.  VIOLATED  ANY  PROVISIONS OF THIS CHAPTER OR ANY REGULATION ISSUED
 PURSUANT THERETO, OR HAS VIOLATED ANY OTHER LAW IN THE COURSE OF ITS  OR
 HIS DEALINGS AS A CONSUMER DEBT COLLECTOR;
   3.  MADE A FALSE STATEMENT OR MATERIAL OMISSION IN THE APPLICATION FOR
 A LICENSE UNDER THIS ARTICLE OR FAILED TO GIVE A TRUE REPLY TO  A  QUES-
 TION IN SUCH APPLICATION; OR
   4. DEMONSTRATED INCOMPETENCY OR UNTRUSTWORTHINESS TO ACT AS A CONSUMER
 DEBT COLLECTOR.
   §  304. BAD ACTORS. 1. IN ADDITION TO ANY OTHER POWER PROVIDED BY LAW,
 THE SUPERINTENDENT MAY REQUIRE ANY  LICENSEE  TO  REMOVE  ANY  DIRECTOR,
 OFFICER  OR  EMPLOYEE OR TO REFRAIN FROM ENGAGING OR RETAINING ANY INDE-
 PENDENT CONTRACTOR  OR  SERVICE  PROVIDER  IF  SUCH  DIRECTOR,  OFFICER,
 EMPLOYEE,  INDEPENDENT CONTRACTOR OR SERVICE PROVIDER HAS THEMSELVES HAD
 A LICENSE UNDER THIS CHAPTER SUSPENDED OR REVOKED,  OR  HAS  CAUSED  THE
 LICENSEE TO VIOLATE ANY PROVISION OF THIS CHAPTER OR REGULATIONS PROMUL-
 GATED THEREUNDER.
   2. NO PERSON THAT IS THE SUBJECT OF AN ORDER UNDER THIS SECTION REMOV-
 ING  THEM  AS  A  DIRECTOR, OFFICER OR EMPLOYEE OR PREVENTING A LICENSEE
 FROM ENGAGING OR RETAINING THEM AS AN INDEPENDENT CONTRACTOR OR  SERVICE
 PROVIDER,  SHALL  BECOME ENGAGED WITH ANY LICENSEE WITHOUT OBTAINING THE
 PRIOR WRITTEN APPROVAL OF THE SUPERINTENDENT. NOR SHALL SUCH PERSON FAIL
 TO DISCLOSE THAT IT IS THE SUBJECT OF AN ORDER UNDER THIS SECTION TO ANY

 S. 7508                            138                           A. 9508
 
 LICENSEE FOR WHICH IT IS ACTING OR SEEKING TO ACT AS A  DIRECTOR,  OFFI-
 CER, EMPLOYEE, INDEPENDENT CONTRACTOR OR SERVICE PROVIDER.
   §  2.  Subdivision  10 of section 36 of the banking law, as amended by
 section 2 of part L of chapter 58 of the laws of  2019,  is  amended  to
 read as follows:
   10. All reports of examinations and investigations, correspondence and
 memoranda  concerning  or  arising  out of such examination and investi-
 gations, including any duly authenticated copy or copies thereof in  the
 possession  of  any  banking  organization,  bank holding company or any
 subsidiary thereof (as such terms "bank holding  company"  and  "subsid-
 iary"  are  defined in article three-A of this chapter), any corporation
 or any other entity affiliated with a banking  organization  within  the
 meaning  of  subdivision six of this section and any non-banking subsid-
 iary of a corporation or any other entity which is  an  affiliate  of  a
 banking  organization  within  the  meaning of subdivision six-a of this
 section, foreign banking corporation, licensed lender,  licensed  casher
 of   checks,  licensed  mortgage  banker,  registered  mortgage  broker,
 licensed mortgage  loan  originator,  licensed  sales  finance  company,
 registered  mortgage  loan  servicer,  licensed  student  loan servicer,
 licensed insurance  premium  finance  agency,  licensed  transmitter  of
 money,  licensed  budget  planner, LICENSED CONSUMER DEBT COLLECTOR, any
 other person or entity subject to supervision under this chapter, OR THE
 FINANCIAL SERVICES LAW OR THE INSURANCE LAW, or the department, shall be
 confidential communications, shall not be subject to subpoena and  shall
 not  be  made  public unless, in the judgment of the superintendent, the
 ends of justice and the public advantage will be subserved by the publi-
 cation thereof, in which event the superintendent may publish or author-
 ize the publication of a copy of any such report or any part thereof  in
 such  manner  as  may  be deemed proper or unless such laws specifically
 authorize  such  disclosure.  For  the  purposes  of  this  subdivision,
 "reports  of examinations and investigations, and any correspondence and
 memoranda concerning or arising out of such  examinations  and  investi-
 gations", includes any such materials of a bank, insurance or securities
 regulatory  agency or any unit of the federal government or that of this
 state any other state or  that  of  any  foreign  government  which  are
 considered  confidential  by  such  agency  or unit and which are in the
 possession of the department or which are otherwise confidential materi-
 als that have been shared by the department with any such agency or unit
 and are in the possession of such agency or unit.
   § 3. Paragraph (a) of subdivision 1 of section 44 of the banking  law,
 as  amended by section 4 of part L of chapter 58 of the laws of 2019, is
 amended to read as follows:
   (a) Without limiting any power granted to the superintendent under any
 other provision of this chapter, the superintendent may, in a proceeding
 after notice and a hearing, require any safe deposit  company,  licensed
 lender,  licensed  casher  of  checks,  licensed  sales finance company,
 licensed insurance  premium  finance  agency,  licensed  transmitter  of
 money,  licensed mortgage banker, licensed student loan servicer, regis-
 tered mortgage broker, licensed  mortgage  loan  originator,  registered
 mortgage  loan  servicer,  LICENSED  CONSUMER DEBT COLLECTOR or licensed
 budget planner to pay to the people of this  state  a  penalty  for  any
 violation  of  this  chapter, any regulation promulgated thereunder, any
 final or temporary order issued pursuant to section thirty-nine of  this
 article,  any  condition  imposed  in  writing  by the superintendent in
 connection with the grant of any application or request, or any  written
 agreement entered into with the superintendent.

 S. 7508                            139                           A. 9508
 
   §  4.  The opening paragraph of subdivision (a) of section 3218 of the
 civil practice law and rules, as amended by chapter 311 of the  laws  of
 1963, is amended to read as follows:
   Affidavit  of  defendant.  Except  as  provided  in section thirty-two
 hundred one OF THIS ARTICLE AND SUBDIVISION (E) OF THIS SECTION, a judg-
 ment by confession may be entered, without an action, either  for  money
 due  or  to  become due, or to secure the plaintiff against a contingent
 liability in behalf  of  the  defendant,  or  both,  upon  an  affidavit
 executed by the defendant;
   §  5.  Section  3218 of the civil practice law and rules is amended by
 adding a new subdivision (e) to read as follows:
   (E) PROHIBITION ON CERTAIN JUDGMENTS BY CONFESSION.   NO  JUDGMENT  OF
 CONFESSION  MAY  BE ENTERED ON: 1. ANY AMOUNT DUE FROM ONE OR MORE INDI-
 VIDUALS FOR PERSONAL, FAMILY, HOUSEHOLD, CONSUMER, INVESTMENT OR NON-BU-
 SINESS PURPOSES;
   2. ANY AMOUNT UNDER TWO HUNDRED FIFTY THOUSAND DOLLARS  DUE  FROM  ANY
 PERSON FOR ANY PURPOSE; OR
   3.  ANY AMOUNT DUE FROM ANY PERSON THAT EITHER: (I) IS CURRENTLY NOT A
 RESIDENT OF THE STATE, (II) WAS NOT A RESIDENT OF THE STATE AT THE  TIME
 THE  AFFIDAVIT  AUTHORIZING  THE ENTRY OF THE JUDGMENT OF CONFESSION WAS
 EXECUTED, OR (III) IF NOT A NATURAL PERSON, DOES NOT  HAVE  A  PLACE  OF
 BUSINESS  IN  THE STATE OR DID NOT HAVE A PLACE OF BUSINESS IN THE STATE
 AT THE TIME THE AFFIDAVIT AUTHORIZING  THE  ENTRY  OF  THE  JUDGMENT  OF
 CONFESSION WAS EXECUTED.
   §  6.  This  act shall take effect immediately, provided, however that
 sections one, two and three of this act shall take effect on October  1,
 2020.  Effective  immediately,  the addition, amendment and/or repeal of
 any rule or regulation necessary for the implementation of this  act  on
 its  effective date are authorized to be made and completed on or before
 such effective date.
 
                                  PART MM
 
   Section 1. The financial services law is amended by adding a new arti-
 cle 7 to read as follows:
                                 ARTICLE 7
                      STUDENT DEBT RELIEF CONSULTANTS
 SECTION 701. DEFINITIONS.
         702. PROHIBITIONS.
         703. DISCLOSURE REQUIREMENTS.
         704. STUDENT DEBT CONSULTING CONTRACTS.
         705. PENALTIES AND OTHER PROVISIONS.
         706. RULES AND REGULATIONS.
   § 701. DEFINITIONS. (A) THE TERM "ADVERTISEMENT" SHALL INCLUDE, BUT IS
 NOT LIMITED TO, ALL FORMS OF MARKETING, AND SOLICITATION OF  INFORMATION
 RELATED  TO  SECURING OR OBTAINING A STUDENT DEBT CONSULTING CONTRACT OR
 SERVICES. FURTHER, IT SHALL INCLUDE  ANY  AND  ALL  COMMONLY  RECOGNIZED
 FORMS  OF  MEDIA MARKETING VIA TELEVISION, RADIO, PRINT MEDIA, ALL FORMS
 OF ELECTRONIC COMMUNICATION VIA THE INTERNET,  AND  ALL  PREPARED  SALES
 PRESENTATIONS  GIVEN  IN  PERSON  OR  OVER  THE  INTERNET TO THE GENERAL
 PUBLIC.
   (B) "BORROWER" MEANS ANY RESIDENT OF THIS STATE  WHO  HAS  RECEIVED  A
 STUDENT  LOAN  OR  AGREED IN WRITING TO PAY A STUDENT LOAN OR ANY PERSON
 WHO SHARES A LEGAL OBLIGATION WITH SUCH RESIDENT FOR REPAYING A  STUDENT
 LOAN.

 S. 7508                            140                           A. 9508
 
   (C)  "FSA ID" MEANS A USERNAME AND PASSWORD ALLOCATED TO AN INDIVIDUAL
 BY THE FEDERAL GOVERNMENT TO ENABLE THE INDIVIDUAL TO LOG IN TO  CERTAIN
 UNITED  STATES DEPARTMENT OF EDUCATION WEBSITES, AND MAY BE USED TO SIGN
 CERTAIN DOCUMENTS ELECTRONICALLY.
   (D) "STUDENT LOAN" MEANS ANY LOAN TO A BORROWER TO FINANCE POST-SECON-
 DARY EDUCATION OR EXPENSES RELATED TO POST-SECONDARY EDUCATION.
   (E)  "STUDENT  DEBT CONSULTING CONTRACT" OR "CONTRACT" MEANS AN AGREE-
 MENT BETWEEN A BORROWER AND A  CONSULTANT  UNDER  WHICH  THE  CONSULTANT
 AGREES TO PROVIDE STUDENT DEBT CONSULTING SERVICES.
   (F) "STUDENT DEBT CONSULTANT" OR "CONSULTANT" MEANS AN INDIVIDUAL OR A
 CORPORATION,  PARTNERSHIP,  LIMITED  LIABILITY COMPANY OR OTHER BUSINESS
 ENTITY THAT, DIRECTLY OR INDIRECTLY, SOLICITS OR UNDERTAKES STUDENT DEBT
 CONSULTING SERVICES. A CONSULTANT DOES NOT INCLUDE THE FOLLOWING:
   (I) A PERSON OR ENTITY WHO HOLDS OR  IS  OWED  AN  OBLIGATION  ON  THE
 STUDENT  LOAN WHILE THE PERSON OR ENTITY PERFORMS SERVICES IN CONNECTION
 WITH THE STUDENT LOAN;
   (II) A BANK, TRUST COMPANY,  PRIVATE  BANKER,  BANK  HOLDING  COMPANY,
 SAVINGS  BANK,  SAVINGS  AND  LOAN  ASSOCIATION, THRIFT HOLDING COMPANY,
 CREDIT UNION OR INSURANCE COMPANY  ORGANIZED  UNDER  THE  LAWS  OF  THIS
 STATE,  ANOTHER STATE OR THE UNITED STATES, OR A SUBSIDIARY OR AFFILIATE
 OF SUCH ENTITY OR A FOREIGN BANKING CORPORATION LICENSED BY  THE  SUPER-
 INTENDENT OF FINANCIAL SERVICES OR THE COMPTROLLER OF THE CURRENCY;
   (III)  A  BONA FIDE NOT-FOR-PROFIT ORGANIZATION THAT OFFERS COUNSELING
 OR ADVICE TO BORROWERS;
   (IV) AN ATTORNEY ADMITTED TO PRACTICE IN THE STATE OF  NEW  YORK  WHEN
 THE ATTORNEY IS PROVIDING STUDENT DEBT CONSULTING SERVICES TO A BORROWER
 FREE OF CHARGE;
   (V)  AN INSTITUTION OF HIGHER EDUCATION WHEREIN THE BORROWER IS OR WAS
 ENROLLED; OR
   (VI) SUCH OTHER PERSONS AS THE SUPERINTENDENT PRESCRIBES OR INTERPRETS
 BY RULE.
   (G) "STUDENT DEBT CONSULTING SERVICES" MEANS SERVICES THAT  A  STUDENT
 DEBT  CONSULTANT  PROVIDES  TO A BORROWER THAT THE CONSULTANT REPRESENTS
 WILL HELP TO ACHIEVE ANY OF THE FOLLOWING:
   (I) STOP, ENJOIN, DELAY, VOID, SET ASIDE, ANNUL, STAY  OR  POSTPONE  A
 DEFAULT, BANKRUPTCY, TAX OFFSET, OR GARNISHMENT PROCEEDING;
   (II) OBTAIN A FORBEARANCE, DEFERMENT, OR OTHER RELIEF THAT TEMPORARILY
 HALTS REPAYMENT OF A STUDENT LOAN;
   (III)  ASSIST  THE BORROWER WITH PREPARING OR FILING DOCUMENTS RELATED
 TO STUDENT LOAN REPAYMENT;
   (IV) ADVISE THE BORROWER WHICH STUDENT LOAN REPAYMENT PLAN OR FORGIVE-
 NESS PROGRAM TO CONSIDER;
   (V) ENROLL THE BORROWER IN ANY STUDENT  LOAN  REPAYMENT,  FORGIVENESS,
 DISCHARGE, OR CONSOLIDATION PROGRAM;
   (VI)  ASSIST  THE  BORROWER IN RE-ESTABLISHING ELIGIBILITY FOR FEDERAL
 STUDENT FINANCIAL ASSISTANCE;
   (VII) ASSIST THE BORROWER IN REMOVING A STUDENT LOAN FROM DEFAULT; OR
   (VIII) EDUCATE THE BORROWER ABOUT STUDENT LOAN REPAYMENT.
   § 702. PROHIBITIONS. A STUDENT  DEBT  CONSULTANT  IS  PROHIBITED  FROM
 DOING THE FOLLOWING:
   (A)  PERFORMING  STUDENT  DEBT  CONSULTING SERVICES WITHOUT A WRITTEN,
 FULLY EXECUTED CONTRACT WITH A BORROWER;
   (B) CHARGING FOR OR ACCEPTING ANY PAYMENT FOR STUDENT DEBT  CONSULTING
 SERVICES  BEFORE  THE  FULL COMPLETION OF ALL SUCH SERVICES, INCLUDING A
 PAYMENT TO BE  PLACED  IN  ESCROW  OR  ANY  OTHER  ACCOUNT  PENDING  THE
 COMPLETION OF SUCH SERVICES;

 S. 7508                            141                           A. 9508
 
   (C) TAKING A POWER OF ATTORNEY FROM A BORROWER;
   (D)  RETAINING  ANY  ORIGINAL LOAN DOCUMENT OR OTHER ORIGINAL DOCUMENT
 RELATED TO A BORROWER'S STUDENT LOAN;
   (E) REQUESTING THAT A BORROWER PROVIDE  HIS  OR  HER  FSA  ID  TO  THE
 CONSULTANT, OR ACCEPTING A BORROWER'S FSA ID;
   (F)  STATING  OR  IMPLYING  THAT A BORROWER WILL NOT BE ABLE TO OBTAIN
 RELIEF ON THEIR OWN;
   (G) MISREPRESENTING, EXPRESSLY OR BY IMPLICATION, THAT:
   (I) THE CONSULTANT IS A PART OF, AFFILIATED WITH, OR ENDORSED OR SPON-
 SORED BY THE GOVERNMENT, GOVERNMENT LOAN  PROGRAMS,  THE  UNITED  STATES
 DEPARTMENT OF EDUCATION, OR BORROWERS' STUDENT LOAN SERVICERS; OR
   (II)  SOME  OR  ALL OF A BORROWER'S PAYMENTS TO THE CONSULTANT WILL BE
 APPLIED TOWARDS THE BORROWER'S STUDENT LOANS;
   (H) INDUCING OR ATTEMPTING TO INDUCE  A  STUDENT  DEBTOR  TO  ENTER  A
 CONTRACT THAT DOES NOT FULLY COMPLY WITH THE PROVISIONS OF THIS ARTICLE;
 OR
   (I) ENGAGING IN ANY UNFAIR, DECEPTIVE, OR ABUSIVE ACT OR PRACTICE.
   §  703.  DISCLOSURE  REQUIREMENTS. (A) A STUDENT DEBT CONSULTANT SHALL
 CLEARLY AND CONSPICUOUSLY DISCLOSE IN ALL ADVERTISEMENTS:
   (I) THE ACTUAL SERVICES THE CONSULTANT PROVIDES TO BORROWERS;
   (II) THAT BORROWERS CAN APPLY FOR AND OBTAIN CONSOLIDATION LOANS  FROM
 THE  UNITED STATES DEPARTMENT OF EDUCATION AT NO COST, INCLUDING PROVID-
 ING A DIRECT LINK IN ALL WRITTEN ADVERTISING TO THE APPLICATION  MATERI-
 ALS  FOR  A DIRECT CONSOLIDATION LOAN FROM THE U.S. DEPARTMENT OF EDUCA-
 TION;
   (III) THAT CONSOLIDATION OR OTHER SERVICES OFFERED BY  THE  CONSULTANT
 MAY NOT BE THE BEST OR ONLY OPTION FOR BORROWERS;
   (IV)  THAT  A  BORROWER  MAY  OBTAIN  ALTERNATIVE FEDERAL STUDENT LOAN
 REPAYMENT PLANS, INCLUDING INCOME-BASED PROGRAMS, WITHOUT  CONSOLIDATING
 EXISTING FEDERAL STUDENT LOANS; AND
   (V)  THAT  BORROWERS  SHOULD  CONSIDER  CONSULTING  THEIR STUDENT LOAN
 SERVICER BEFORE SIGNING ANY LEGAL DOCUMENT CONCERNING A STUDENT LOAN.
   (B) THE DISCLOSURES REQUIRED BY SUBSECTION (A)  OF  THIS  SECTION,  IF
 DISSEMINATED  THROUGH  PRINT MEDIA OR THE INTERNET, SHALL BE CLEARLY AND
 LEGIBLY PRINTED OR DISPLAYED IN NOT LESS THAN  TWELVE-POINT  BOLD  TYPE,
 OR,  IF  THE  ADVERTISEMENT  IS PRINTED TO BE DISPLAYED IN PRINT THAT IS
 SMALLER THAN TWELVE-POINT, IN BOLD TYPE PRINT THAT IS  NO  SMALLER  THAN
 THE  PRINT  IN  WHICH  THE  TEXT  OF  THE  ADVERTISEMENT  IS  PRINTED OR
 DISPLAYED.
   (C) THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONSULTANTS  WHO
 DISSEMINATE  ADVERTISEMENTS  IN  THE  STATE OF NEW YORK OR WHO INTEND TO
 DIRECTLY OR INDIRECTLY CONTACT A BORROWER WHO HAS A STUDENT LOAN AND  IS
 A  RESIDENT  OF  NEW  YORK STATE. CONSULTANTS SHALL ESTABLISH AND AT ALL
 TIMES MAINTAIN CONTROL OVER THE CONTENT,  FORM  AND  METHOD  OF  DISSEM-
 INATION OF ALL ADVERTISEMENTS OF THEIR SERVICES. FURTHER, ALL ADVERTISE-
 MENTS  SHALL BE SUFFICIENTLY COMPLETE AND CLEAR TO AVOID THE POSSIBILITY
 OF DECEPTION OR THE ABILITY TO MISLEAD OR DECEIVE.
   § 704. STUDENT DEBT CONSULTING CONTRACTS. (A) A STUDENT DEBT  CONSULT-
 ING CONTRACT SHALL:
   (1) CONTAIN THE ENTIRE AGREEMENT OF THE PARTIES;
   (2) BE PROVIDED IN WRITING TO THE BORROWER FOR REVIEW BEFORE SIGNING;
   (3)  BE  PRINTED IN AT LEAST TWELVE-POINT TYPE AND WRITTEN IN THE SAME
 LANGUAGE THAT IS USED BY  THE  BORROWER  AND  WAS  USED  IN  DISCUSSIONS
 BETWEEN  THE  CONSULTANT  AND  THE  BORROWER  TO DESCRIBE THE BORROWER'S
 SERVICES OR TO NEGOTIATE THE CONTRACT;

 S. 7508                            142                           A. 9508
 
   (4) FULLY DISCLOSE THE EXACT NATURE OF THE SERVICES TO BE PROVIDED  BY
 THE CONSULTANT OR ANYONE WORKING IN ASSOCIATION WITH THE CONSULTANT;
   (5) FULLY DISCLOSE THE TOTAL AMOUNT AND TERMS OF COMPENSATION FOR SUCH
 SERVICES;
   (6)  CONTAIN  THE  NAME,  BUSINESS ADDRESS AND TELEPHONE NUMBER OF THE
 CONSULTANT AND THE STREET ADDRESS (IF DIFFERENT) AND FACSIMILE NUMBER OR
 EMAIL ADDRESS OF THE CONSULTANT WHERE COMMUNICATIONS FROM THE DEBTOR MAY
 BE DELIVERED;
   (7) BE DATED AND PERSONALLY SIGNED BY THE BORROWER AND THE  CONSULTANT
 AND BE WITNESSED AND ACKNOWLEDGED BY A NEW YORK NOTARY PUBLIC; AND
   (8)  CONTAIN  THE FOLLOWING NOTICE, WHICH SHALL BE PRINTED IN AT LEAST
 FOURTEEN-POINT BOLDFACE TYPE, COMPLETED WITH THE NAME OF  THE  PROVIDER,
 AND  LOCATED  IN  IMMEDIATE  PROXIMITY  TO  THE  SPACE  RESERVED FOR THE
 DEBTOR'S SIGNATURE:
   "NOTICE REQUIRED BY NEW YORK LAW
   YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY  OR  OBLIGATION,  AT
 ANY   TIME  BEFORE  MIDNIGHT  OF  ________  (FIFTH  BUSINESS  DAY  AFTER
 EXECUTION).
   ___________ (NAME OF CONSULTANT) (THE "CONSULTANT") OR ANYONE  WORKING
 FOR  THE CONSULTANT MAY NOT TAKE ANY MONEY FROM YOU OR ASK YOU FOR MONEY
 UNTIL THE CONSULTANT  HAS  COMPLETELY  FINISHED  DOING  EVERYTHING  THIS
 CONTRACT SAYS THE CONSULTANT WILL DO.
   YOU SHOULD CONSIDER CONTACTING YOUR STUDENT LOAN SERVICER BEFORE SIGN-
 ING  ANY  LEGAL  DOCUMENT CONCERNING YOUR STUDENT LOAN. IN ADDITION, YOU
 MAY WANT TO VISIT THE NEW YORK STATE DEPARTMENT OF  FINANCIAL  SERVICES'
 STUDENT LENDING RESOURCE CENTER AT WWW.DFS.NY.GOV/STUDENTPROTECTION. THE
 LAW REQUIRES THAT THIS CONTRACT CONTAIN THE ENTIRE AGREEMENT BETWEEN YOU
 AND  THE  PROVIDER.   YOU SHOULD NOT RELY UPON ANY OTHER WRITTEN OR ORAL
 AGREEMENT OR PROMISE."
   THE PROVIDER SHALL ACCURATELY ENTER THE DATE ON  WHICH  THE  RIGHT  TO
 CANCEL ENDS.
   (B)  (1)  THE BORROWER HAS THE RIGHT TO CANCEL, WITHOUT ANY PENALTY OR
 OBLIGATION, ANY CONTRACT WITH A CONSULTANT UNTIL MIDNIGHT OF  THE  FIFTH
 BUSINESS  DAY FOLLOWING THE DAY ON WHICH THE CONSULTANT AND THE BORROWER
 SIGN A CONSULTING CONTRACT. CANCELLATION OCCURS WHEN THE BORROWER, OR  A
 REPRESENTATIVE  OF  THE  BORROWER,  EITHER  DELIVERS  WRITTEN  NOTICE OF
 CANCELLATION IN PERSON  TO  THE  ADDRESS  SPECIFIED  IN  THE  CONSULTING
 CONTRACT OR SENDS A WRITTEN COMMUNICATION BY FACSIMILE, BY UNITED STATES
 MAIL  OR  BY  AN ESTABLISHED COMMERCIAL LETTER DELIVERY SERVICE. A DATED
 PROOF OF FACSIMILE DELIVERY OR PROOF OF MAILING  CREATES  A  PRESUMPTION
 THAT  THE  NOTICE  OF  CANCELLATION  HAS  BEEN DELIVERED ON THE DATE THE
 FACSIMILE IS SENT OR THE NOTICE IS DEPOSITED IN THE  MAIL  OR  WITH  THE
 DELIVERY  SERVICE.    CANCELLATION  OF  THE  CONTRACT  SHALL RELEASE THE
 BORROWER FROM ALL OBLIGATIONS TO PAY FEES OR ANY OTHER  COMPENSATION  TO
 THE CONSULTANT
   (2)  THE  CONTRACT  SHALL  BE  ACCOMPANIED  BY  TWO  COPIES OF A FORM,
 CAPTIONED "NOTICE OF CANCELLATION" IN AT LEAST TWELVE-POINT  BOLD  TYPE.
 THIS FORM SHALL BE ATTACHED TO THE CONTRACT, SHALL BE EASILY DETACHABLE,
 AND  SHALL  CONTAIN THE FOLLOWING STATEMENT WRITTEN IN THE SAME LANGUAGE
 AS USED IN THE CONTRACT, AND THE CONTRACTOR SHALL INSERT ACCURATE INFOR-
 MATION AS TO THE DATE ON WHICH THE RIGHT TO CANCEL ENDS AND THE CONTRAC-
 TOR'S CONTACT INFORMATION:
   "NOTICE OF CANCELLATION
   NOTE: YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION,
 AT ANY TIME BEFORE MIDNIGHT OF ________ (ENTER DATE)

 S. 7508                            143                           A. 9508

   TO CANCEL THIS CONTRACT, SIGN AND DATE BOTH COPIES OF  THIS  CANCELLA-
 TION  NOTICE  AND  PERSONALLY  DELIVER ONE COPY OR SEND IT BY FACSIMILE,
 UNITED  STATES  MAIL,  OR  AN  ESTABLISHED  COMMERCIAL  LETTER  DELIVERY
 SERVICE, INDICATING CANCELLATION TO THE CONSULTANT AT ONE OF THE FOLLOW-
 ING:
   NAME OF CONSULTANT _________________________
   STREET ADDRESS _____________________________
   CITY, STATE, ZIP ___________________________
   FACSIMILE: _________________________________
   I HEREBY CANCEL THIS TRANSACTION.
   NAME OF BORROWER: __________________________
   SIGNATURE OF BORROWER: _____________________
   DATE: ______________________________________"
   (3)  WITHIN  TEN  DAYS  FOLLOWING  RECEIPT OF A NOTICE OF CANCELLATION
 GIVEN IN ACCORDANCE WITH THIS SUBDIVISION, THE CONSULTANT  SHALL  RETURN
 ANY  ORIGINAL  CONTRACT AND ANY OTHER DOCUMENTS SIGNED BY OR PROVIDED BY
 THE BORROWER.   CANCELLATION SHALL RELEASE THE  BORROWER  OF  ALL  OBLI-
 GATIONS TO PAY ANY FEES OR COMPENSATION TO THE CONSULTANT.
   §  705.  PENALTIES  AND  OTHER  PROVISIONS.  (A) IF THE SUPERINTENDENT
 FINDS, AFTER NOTICE AND HEARING, THAT  A  CONSULTANT  HAS  VIOLATED  ANY
 PROVISION  OF  THIS  ARTICLE,  THE SUPERINTENDENT MAY: (1) MAKE NULL AND
 VOID ANY AGREEMENT BETWEEN THE BORROWER  AND  THE  CONSULTANT;  AND  (2)
 IMPOSE  A  CIVIL  PENALTY OF NOT MORE THAN TEN THOUSAND DOLLARS FOR EACH
 VIOLATION.
   (B) IF THE CONSULTANT VIOLATES ANY PROVISION OF THIS ARTICLE  AND  THE
 BORROWER  SUFFERS  DAMAGE  BECAUSE  OF  THE  VIOLATION, THE BORROWER MAY
 RECOVER ACTUAL AND CONSEQUENTIAL DAMAGES AND COSTS FROM  THE  CONSULTANT
 IN  AN  ACTION BASED ON THIS ARTICLE. IF THE CONSULTANT INTENTIONALLY OR
 RECKLESSLY VIOLATES ANY PROVISION OF THIS ARTICLE, THE COURT  MAY  AWARD
 THE BORROWER TREBLE DAMAGES, ATTORNEYS' FEES AND COSTS.
   (C)  ANY PROVISION OF A STUDENT DEBT CONSULTING CONTRACT THAT ATTEMPTS
 OR PURPORTS TO LIMIT THE LIABILITY OF THE CONSULTANT UNDER THIS  ARTICLE
 SHALL  BE NULL AND VOID. INCLUSION OF SUCH PROVISION SHALL AT THE OPTION
 OF THE BORROWER RENDER THE CONTRACT VOID. ANY PROVISION  IN  A  CONTRACT
 WHICH ATTEMPTS OR PURPORTS TO REQUIRE ARBITRATION OF ANY DISPUTE ARISING
 UNDER  THIS  ARTICLE  SHALL  BE  VOID AT THE OPTION OF THE BORROWER. ANY
 WAIVER OF THE PROVISIONS OF THIS ARTICLE SHALL BE VOID AND UNENFORCEABLE
 AS CONTRARY TO PUBLIC POLICY.
   (D) THE PROVISIONS OF THIS ARTICLE ARE NOT EXCLUSIVE AND ARE IN  ADDI-
 TION TO ANY OTHER REQUIREMENTS, RIGHTS, REMEDIES, AND PENALTIES PROVIDED
 BY LAW.
   § 706. RULES AND REGULATIONS. IN ADDITION TO SUCH POWERS AS MAY OTHER-
 WISE BE PRESCRIBED BY THIS CHAPTER, THE SUPERINTENDENT IS HEREBY AUTHOR-
 IZED  AND  EMPOWERED  TO PROMULGATE SUCH RULES AND REGULATIONS AS MAY IN
 THE JUDGMENT OF THE SUPERINTENDENT BE CONSISTENT WITH  THE  PURPOSES  OF
 THIS  ARTICLE,  OR  APPROPRIATE FOR THE EFFECTIVE ADMINISTRATION OF THIS
 ARTICLE.
   § 2. Section 712 of the banking law is amended by adding a new  subdi-
 vision 3 to read as follows:
   3.  THE DEPARTMENT MAY ALSO REQUIRE THE SUBMISSION OF THE FINGERPRINTS
 OF THE APPLICANT, WHICH MAY BE SUBMITTED TO  THE  DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES  AND THE FEDERAL BUREAU OF INVESTIGATION FOR STATE AND
 NATIONAL CRIMINAL HISTORY RECORD CHECKS.
   § 3. This act shall take effect immediately, provided,  however,  that
 section one of this act shall take effect October 1, 2020.

 S. 7508                            144                           A. 9508
 
                                  PART NN

   Section  1. Paragraph 2 of subsection (a) of section 104 of the finan-
 cial services law is amended to read as follows:
   (2) "Financial product or service" shall mean: (A) any financial prod-
 uct or financial service offered or provided by any person regulated  or
 required  to  be regulated by the superintendent pursuant to the banking
 law or the insurance law or  any  OTHER  financial  product  or  service
 offered or sold to consumers [except financial products or services: (i)
 regulated  under  the  exclusive  jurisdiction  of  a  federal agency or
 authority, (ii) regulated  for  the  purpose  of  consumer  or  investor
 protection  by  any other state agency, state department or state public
 authority, or (iii) where rules or regulations promulgated by the super-
 intendent on such financial product or service  would  be  preempted  by
 federal law] OR SMALL BUSINESSES; [and]
   (B) THE SALE OR PROVISION TO A CONSUMER OR SMALL BUSINESS OF ANY SECU-
 RITY, INVESTMENT ADVICE, OR MONEY MANAGEMENT DEVICE;
   (C)  ANY  WARRANTY SOLD OR PROVIDED TO A CONSUMER OR SMALL BUSINESS OR
 ANY GUARANTEE OR SURETYSHIP PROVIDED TO A CONSUMER;
   (D) ANY MERCHANT CASH ADVANCE PROVIDED TO A CONSUMER  OR  SMALL  BUSI-
 NESS; OR
   (E)  ANY CONTRACT INVOLVING ANY PROVISION OF SUBPARAGRAPHS (A) THROUGH
 (D) OF THIS PARAGRAPH.
   "Financial product or service" shall [also] not include  [the  follow-
 ing,  when  offered  or  provided  by  a  provider  of consumer goods or
 services:  (i) the extension of credit directly to a consumer exclusive-
 ly for the purpose of enabling that consumer to purchase  such  consumer
 good  or  service  directly from the seller, (ii) the collection of debt
 arising from such credit, or (iii) the sale or conveyance of  such  debt
 that  is  delinquent  or  otherwise  in  default]  FINANCIAL PRODUCTS OR
 SERVICES WHERE THE RULES OR REGULATIONS PROMULGATED BY  THE  SUPERINTEN-
 DENT ON SUCH FINANCIAL PRODUCTS OR SERVICES WOULD BE PREEMPTED BY FEDER-
 AL LAW.
   §  2.  Subsection  (a) of section 104 of the financial services law is
 amended by adding a new paragraph 6 to read as follows:
   (6) "SMALL BUSINESS" SHALL MEAN  A  BUSINESS  WHICH  IS  INDEPENDENTLY
 OWNED  AND  OPERATED,  HAS LESS THAN TEN MILLION DOLLARS IN ANNUAL GROSS
 RECEIPTS OR SALES, AND EMPLOYS ONE HUNDRED OR LESS PERSONS.
   § 3. Subsection (a) of section 206 of the financial  services  law  is
 amended and a new subsection (g) is added to read as follows:
   (a) For each fiscal year commencing on or after April first, two thou-
 sand  twelve,  assessments  to  defray operating expenses, including all
 direct and indirect costs, of the department, except  expenses  incurred
 in  the  liquidation  of banking organizations, shall be assessed by the
 superintendent in accordance with  this  subsection.  Persons  regulated
 under  the insurance law shall be assessed by the superintendent for the
 operating expenses of the department that  are  solely  attributable  to
 regulating  persons  under  the  insurance  law, which shall include any
 expenses that were permissible to be assessed in fiscal year  two  thou-
 sand nine-two thousand ten, with the assessments allocated pro rata upon
 all  domestic  insurers and all licensed United States branches of alien
 insurers domiciled in this state within the meaning of paragraph four of
 subsection (b) of section seven  thousand  four  hundred  eight  of  the
 insurance  law,  in  proportion  to  the gross direct premiums and other
 considerations, written or received by them in  this  state  during  the
 calendar year ending December thirty-first immediately preceding the end

 S. 7508                            145                           A. 9508
 
 of  the fiscal year for which the assessment is made (less return premi-
 ums and considerations thereon) for policies or contracts  of  insurance
 covering  property  or risks resident or located in this state the issu-
 ance  of  which policies or contracts requires a license from the super-
 intendent. Persons regulated under the banking law shall be assessed  by
 the superintendent for the operating expenses of the department that are
 solely  attributable to regulating persons under the banking law in such
 proportions as  the  superintendent  shall  deem  just  and  reasonable.
 PERSONS  REGULATED  UNDER  THIS  CHAPTER SHALL BE ASSESSED BY THE SUPER-
 INTENDENT FOR THE OPERATING EXPENSES OF THE DEPARTMENT THAT  ARE  SOLELY
 ATTRIBUTABLE TO REGULATED PERSONS UNDER THIS CHAPTER IN SUCH PROPORTIONS
 AS THE SUPERINTENDENT SHALL DEEM JUST AND REASONABLE. Operating expenses
 of  the  department not covered by the assessments set forth above shall
 be assessed by the superintendent in such proportions as the superinten-
 dent shall deem just and reasonable upon all domestic insurers  and  all
 licensed  United  States  branches  of  alien insurers domiciled in this
 state within the meaning of paragraph four of subsection (b) of  section
 seven  thousand  four  hundred  eight of the insurance law, and upon any
 regulated person under THIS CHAPTER AND  the  banking  law,  other  than
 mortgage  loan originators, except as otherwise provided by sections one
 hundred fifty-one and two hundred twenty-eight of the  workers'  compen-
 sation  law  and by section sixty of the volunteer firefighters' benefit
 law. The provisions of this subsection shall not be applicable to a bank
 holding company, as that term is defined in article three-A of the bank-
 ing law. Persons regulated under the banking law will  not  be  assessed
 for  expenses  that  the  superintendent deems to benefit solely persons
 regulated under the insurance  law,  and  persons  regulated  under  the
 insurance  law will not be assessed for expenses that the superintendent
 deems to benefit solely persons regulated under the banking law.
   (G) THE EXPENSES OF EVERY EXAMINATION OF THE AFFAIRS OF ANY  REGULATED
 PERSON  SUBJECT  TO  THIS CHAPTER, SHALL BE BORNE AND PAID BY SUCH REGU-
 LATED PERSON SO EXAMINED, BUT THE SUPERINTENDENT, WITH THE  APPROVAL  OF
 THE  COMPTROLLER, MAY, IN THE SUPERINTENDENT'S DISCRETION FOR GOOD CAUSE
 SHOWN, REMIT SUCH CHARGES.
   § 4. The financial services law is amended by adding a new section 312
 to read as follows:
   § 312. RESTITUTION.  IN  ANY  ADMINISTRATIVE  PROCEEDING  OR  JUDICIAL
 ACTION  BROUGHT  UNDER  THIS  CHAPTER, THE BANKING LAW, OR THE INSURANCE
 LAW, THE SUPERINTENDENT MAY, IN ADDITION TO ANY OTHER PENALTY  OR  SANC-
 TION  IMPOSED  BY  LAW,  ORDER  THE INDIVIDUAL OR ENTITY SUBJECT TO SUCH
 PROCEEDING OR ACTION TO MAKE RESTITUTION TO ALL CONSUMERS HARMED BY SUCH
 INDIVIDUAL OR ENTITY'S CONDUCT.
   § 5. The financial services law is amended by adding a new section 313
 to read as follows:
   § 313. UNLICENSED ACTORS. ANY PERSON OR ENTITY  THAT  IS  REQUIRED  BY
 THIS  CHAPTER,  THE  BANKING  LAW,  OR THE INSURANCE LAW TO BE LICENSED,
 CERTIFIED, REGISTERED, AUTHORIZED, CHARTERED,  ACCREDITED,  OR  INCORPO-
 RATED  AND  THAT  IS  NOT SPECIFICALLY EXEMPTED FROM SUCH APPLICABLE LAW
 SHALL BE SUBJECT TO THE LAWS OF THIS CHAPTER, THE BANKING LAW,  AND  THE
 INSURANCE  LAW, AND THE PENALTIES CONTAINED THEREIN AS IF SUCH PERSON OR
 ENTITY WAS SO LICENSED, CERTIFIED,  REGISTERED,  AUTHORIZED,  CHARTERED,
 ACCREDITED,  OR  INCORPORATED,  EVEN  IF  SUCH PERSON OR ENTITY DOES NOT
 POSSESS THE  REQUIRED  LICENSE,  CERTIFICATION,  REGISTRATION,  AUTHORI-
 ZATION, CHARTER, ACCREDITATION, OR INCORPORATION.
   §  6.  Subsection  (a) of section 408 of the financial services law is
 amended to read as follows:

 S. 7508                            146                           A. 9508
 
   (a) In addition to any civil or criminal liability  provided  by  law,
 the superintendent may, after notice and hearing, levy a civil penalty:
   (1)  not to exceed THE GREATER OF five thousand dollars [per] FOR EACH
 offense[,]; A MULTIPLE OF TWO TIMES THE AGGREGATE  DAMAGES  ATTRIBUTABLE
 TO  THE  OFFENSE; OR A MULTIPLE OF TWO TIMES THE AGGREGATE ECONOMIC GAIN
 ATTRIBUTABLE TO THE OFFENSE for:
   (A) any [intentional] fraud, [or intentional] misrepresentation [of  a
 material  fact],  OR  UNFAIR, DECEPTIVE, OR ABUSIVE ACT OR PRACTICE with
 respect to a financial product or service or involving any person offer-
 ing to provide or providing financial products or services OR  INVOLVING
 ANY  SERVICE  PROVIDER  UTILIZED  BY  ANY  PERSON OFFERING TO PROVIDE OR
 PROVIDING FINANCIAL PRODUCTS OR SERVICES; or
   (B) any violation of state or federal fair debt  collection  practices
 or federal or state fair lending laws; [and] OR
   [(2)  not  to exceed one thousand dollars for] (C) any other violation
 of this chapter or the  regulations  issued  thereunder,  provided  that
 there  shall  be  no  civil penalty under this section for violations of
 article five of this chapter or the regulations issued thereunder; and
   [(3)] (2) provided, however, that:
   (A) penalties for regulated persons under the banking law shall be  as
 provided  for  in  the  banking  law and penalties for regulated persons
 under the insurance law shall be as provided for in the  insurance  law;
 and
   (B)  the  superintendent shall not impose or collect any penalty under
 this section in addition to any penalty or fine  for  the  same  act  or
 omission that is imposed under the insurance law or banking law; and
   (C) nothing in this section shall affect the construction or interpre-
 tation  of  the term "fraud" as it is used in any other provision of the
 consolidated or unconsolidated law.
   § 7. Paragraph 1 of subsection (c) of section  109  of  the  insurance
 law,  as  amended  by  section 55 of part A of chapter 62 of the laws of
 2011, is amended to read as follows:
   (1) If the superintendent finds after  notice  and  hearing  that  any
 authorized  insurer,  representative  of the insurer, licensed insurance
 agent, licensed insurance broker, licensed adjuster, or any other person
 or entity licensed, certified, registered,  or  authorized  pursuant  to
 this  chapter,  has  wilfully violated the provisions of this chapter or
 any regulation promulgated thereunder, then the superintendent may order
 the person or entity to pay to the people of this state a penalty  in  a
 sum not exceeding [one] TEN thousand dollars for each offense.
   § 8. This act shall take effect immediately.
 
                                  PART OO
 
   Section  1.  The banking law is amended by adding a new section 4-d to
 read as follows:
   § 4-D. PROTECTING VULNERABLE ADULTS FROM  FINANCIAL  EXPLOITATION.  1.
 DEFINITIONS. AS USED IN THIS SECTION:
   (A) "BANKING INSTITUTION" MEANS ANY BANK, TRUST COMPANY, SAVINGS BANK,
 SAVINGS AND LOAN ASSOCIATION, CREDIT UNION, OR BRANCH OF A FOREIGN BANK-
 ING  CORPORATION,  WHICH  IS  CHARTERED, ORGANIZED OR LICENSED UNDER THE
 LAWS OF THIS STATE OR ANY OTHER STATE OR THE UNITED STATES, AND, IN  THE
 ORDINARY COURSE OF BUSINESS TAKES DEPOSIT ACCOUNTS IN THIS STATE.
   (B)  "VULNERABLE  ADULT"  MEANS  AN  INDIVIDUAL WHO, BECAUSE OF MENTAL
 AND/OR PHYSICAL IMPAIRMENT IS POTENTIALLY UNABLE TO MANAGE  HIS  OR  HER
 OWN RESOURCES OR PROTECT HIMSELF OR HERSELF FROM FINANCIAL EXPLOITATION.

 S. 7508                            147                           A. 9508
 
   (C) "FINANCIAL EXPLOITATION" MEANS: (I) THE IMPROPER TAKING, WITHHOLD-
 ING,  APPROPRIATION,  OR  USE  OF A VULNERABLE ADULT'S MONEY, ASSETS, OR
 PROPERTY; OR (II) ANY ACT OR OMISSION BY A PERSON, INCLUDING THROUGH THE
 USE OF A POWER OF ATTORNEY, GUARDIANSHIP, OR ANY OTHER AUTHORITY REGARD-
 ING A VULNERABLE ADULT TO: (A) OBTAIN CONTROL, THROUGH DECEPTION, INTIM-
 IDATION  OR  UNDUE INFLUENCE, OVER THE VULNERABLE ADULT'S MONEY, ASSETS,
 OR PROPERTY OR (B) CONVERT THE  VULNERABLE  ADULT'S  MONEY,  ASSETS,  OR
 PROPERTY.
   (D)  "TRANSACTION HOLD" MEANS A DELAY IN THE COMPLETION OF ONE OR MORE
 FINANCIAL TRANSACTIONS PENDING AN INVESTIGATION BY  A  BANKING  INSTITU-
 TION, ADULT PROTECTIVE SERVICES, OR A LAW ENFORCEMENT AGENCY.
   (E)  "ADULT  PROTECTIVE  SERVICES"  MEANS THE DIVISION OF THE NEW YORK
 CITY HUMAN RESOURCES ADMINISTRATION  AND  EACH  COUNTY'S  DEPARTMENT  OF
 HUMAN  SERVICES OR DEPARTMENT OF SOCIAL SERVICES RESPONSIBLE FOR PROVID-
 ING ADULT PROTECTIVE SERVICES PURSUANT TO SECTION FOUR HUNDRED  SEVENTY-
 THREE OF THE SOCIAL SERVICES LAW.
   (F) "LAW ENFORCEMENT AGENCY" MEANS ANY AGENCY, INCLUDING THE FINANCIAL
 FRAUDS  AND  CONSUMER  PROTECTION  UNIT  OF  THE DEPARTMENT OF FINANCIAL
 SERVICES, WHICH IS EMPOWERED BY LAW TO CONDUCT AN  INVESTIGATION  OR  TO
 MAKE  AN  ARREST FOR A FELONY, AND ANY AGENCY WHICH IS AUTHORIZED BY LAW
 TO PROSECUTE OR PARTICIPATE IN THE PROSECUTION OF A FELONY.
   2. APPLICATION OF TRANSACTION  HOLD.  (A)  IF  A  BANKING  INSTITUTION
 REASONABLY  BELIEVES:    (I) THAT FINANCIAL EXPLOITATION OF A VULNERABLE
 ADULT MAY HAVE OCCURRED, MAY HAVE BEEN ATTEMPTED, OR IS BEING ATTEMPTED;
 AND (II) THAT THE PLACEMENT OF A TRANSACTION HOLD MAY  BE  NECESSARY  TO
 PROTECT  A  VULNERABLE ADULT'S MONEY, ASSETS, OR PROPERTY FROM FINANCIAL
 EXPLOITATION, THEN THE BANKING INSTITUTION MAY, AT ITS DISCRETION, APPLY
 A TRANSACTION HOLD ON THE ACCOUNT OF A VULNERABLE ADULT, THE ACCOUNT  ON
 WHICH  A VULNERABLE ADULT IS A BENEFICIARY, INCLUDING A TRUST OR GUARDI-
 ANSHIP ACCOUNT, OR THE ACCOUNT OF A PERSON WHO IS REASONABLY BELIEVED BY
 THE BANKING INSTITUTION TO BE ENGAGING IN THE FINANCIAL EXPLOITATION  OF
 A VULNERABLE ADULT.
   (B)  A  BANKING  INSTITUTION  MAY ALSO APPLY A TRANSACTION HOLD ON THE
 ACCOUNT OF A VULNERABLE ADULT, THE ACCOUNT ON WHICH A  VULNERABLE  ADULT
 IS  A  BENEFICIARY,  INCLUDING  A  TRUST OR GUARDIANSHIP ACCOUNT, OR THE
 ACCOUNT OF A PERSON WHO IS REASONABLY BELIEVED BY THE  BANKING  INSTITU-
 TION TO BE ENGAGING IN THE FINANCIAL EXPLOITATION OF A VULNERABLE ADULT,
 IF:  (I)  ADULT PROTECTIVE SERVICES OR A LAW ENFORCEMENT AGENCY PROVIDES
 INFORMATION TO THE BANKING INSTITUTION ESTABLISHING A  REASONABLE  BASIS
 TO  BELIEVE  THAT  FINANCIAL EXPLOITATION OF A VULNERABLE ADULT MAY HAVE
 OCCURRED, MAY HAVE BEEN ATTEMPTED, OR IS BEING ATTEMPTED; AND  (II)  THE
 PLACEMENT OF A TRANSACTION HOLD MAY BE NECESSARY TO PROTECT A VULNERABLE
 ADULT'S MONEY, ASSETS, OR PROPERTY FROM FINANCIAL EXPLOITATION.
   (C) A BANKING INSTITUTION THAT APPLIES A TRANSACTION HOLD SHALL:
   (I)  MAKE A REASONABLE EFFORT TO PROVIDE NOTICE, ORALLY OR IN WRITING,
 TO ALL PARTIES AUTHORIZED TO TRANSACT BUSINESS ON THE ACCOUNT ON WHICH A
 TRANSACTION HOLD WAS PLACED WITHIN TWO BUSINESS DAYS OF WHEN THE  TRANS-
 ACTION HOLD WAS PLACED;
   (II)  IMMEDIATELY, BUT NO LATER THAN ONE BUSINESS DAY AFTER THE TRANS-
 ACTION HOLD IS PLACED, REPORT THE TRANSACTION HOLD, INCLUDING THE  BASIS
 FOR  THE BANKING INSTITUTION'S BELIEF THAT THE FINANCIAL EXPLOITATION OF
 A VULNERABLE ADULT MAY HAVE OCCURRED, MAY HAVE  BEEN  ATTEMPTED,  OR  IS
 BEING  ATTEMPTED,  TO ADULT PROTECTIVE SERVICES AND TO A LAW ENFORCEMENT
 AGENCY;
   (III) AT THE REQUEST OF ADULT PROTECTIVE SERVICES OR A LAW ENFORCEMENT
 AGENCY, PROVIDE ALL INFORMATION AND DOCUMENTS THAT RELATE TO THE  TRANS-

 S. 7508                            148                           A. 9508
 
 ACTION  HOLD  WITHIN THREE BUSINESS DAYS OF THE REQUEST FOR THE INFORMA-
 TION OR DOCUMENTS; AND
   (IV)  NOTWITHSTANDING  THE TRANSACTION HOLD, MAKE FUNDS AVAILABLE FROM
 THE ACCOUNT ON WHICH A TRANSACTION HOLD IS PLACED TO ALLOW  THE  VULNER-
 ABLE  ADULT  OR  OTHER  ACCOUNT  HOLDER TO MEET HIS OR HER ONGOING OBLI-
 GATIONS SUCH AS HOUSING AND OTHER LIVING EXPENSES OR EMERGENCY  EXPENSES
 AS  DETERMINED BY ADULT PROTECTIVE SERVICES, A LAW ENFORCEMENT AGENCY OR
 A  NOT-FOR-PROFIT  ORGANIZATION  THAT  REGULARLY  PROVIDES  SERVICES  TO
 VULNERABLE  ADULTS  IN  THE  COMMUNITY  IN  WHICH  THE  VULNERABLE ADULT
 RESIDES.
   (D) DURING THE PENDENCY OF A TRANSACTION HOLD, A  BANKING  INSTITUTION
 MAY,  IN  ITS  DISCRETION, ALSO MAKE FUNDS AVAILABLE FROM THE ACCOUNT ON
 WHICH A TRANSACTION HOLD IS PLACED TO  ALLOW  THE  VULNERABLE  ADULT  OR
 OTHER  ACCOUNT  HOLDER  TO  MEET  HIS OR HER ONGOING OBLIGATIONS SUCH AS
 HOUSING AND OTHER LIVING EXPENSES OR EMERGENCY  EXPENSES,  PROVIDED  THE
 BANKING INSTITUTION DOES NOT HAVE A REASONABLE BASIS TO BELIEVE THAT THE
 DISPERSAL  OF SUCH FUNDS TO THE VULNERABLE ADULT OR OTHER ACCOUNT HOLDER
 WILL RESULT IN THE FINANCIAL EXPLOITATION OF THE VULNERABLE  ADULT.  ANY
 SUCH  DISPERSAL  OF FUNDS PURSUANT TO THIS SUBDIVISION SHALL BE REPORTED
 WITHIN ONE BUSINESS DAY AFTER THE DISPERSAL IS MADE TO ADULT  PROTECTIVE
 SERVICES AND TO A LAW ENFORCEMENT AGENCY.
   (E)  THE  SUPERINTENDENT MAY ADOPT REGULATIONS IDENTIFYING THE FACTORS
 THAT A BANKING INSTITUTION SHOULD CONSIDER IN DETERMINING  WHETHER:  (I)
 THE  FINANCIAL EXPLOITATION OF A VULNERABLE ADULT MAY HAVE OCCURRED, MAY
 HAVE BEEN ATTEMPTED, OR IS BEING ATTEMPTED; AND (II) THE PLACEMENT OF  A
 TRANSACTION  HOLD  IS  NECESSARY  TO PROTECT A VULNERABLE ADULT'S MONEY,
 ASSETS, OR PROPERTY.
   3. DURATION OF TRANSACTION HOLD. (A) SUBJECT TO  PARAGRAPHS  (B),  (C)
 AND  (D) OF THIS SUBDIVISION, A TRANSACTION HOLD THAT A BANKING INSTITU-
 TION PLACES ON AN ACCOUNT PURSUANT TO THIS SECTION SHALL TERMINATE  FIVE
 BUSINESS DAYS AFTER THE DATE ON WHICH THE TRANSACTION HOLD IS APPLIED BY
 THE  BANKING INSTITUTION. A BANKING INSTITUTION MAY TERMINATE THE TRANS-
 ACTION HOLD AT ANY TIME DURING THIS  FIVE  DAY  PERIOD  IF  THE  BANKING
 INSTITUTION IS SATISFIED THAT THE TERMINATION OF THE TRANSACTION HOLD IS
 NOT LIKELY TO RESULT IN FINANCIAL EXPLOITATION OF A VULNERABLE ADULT.
   (B)  A TRANSACTION HOLD MAY BE EXTENDED BEYOND THE PERIOD SET FORTH IN
 PARAGRAPH (A) OF THIS SUBDIVISION FOR UP TO AN ADDITIONAL  FIFTEEN  DAYS
 AT  THE REQUEST OF EITHER ADULT PROTECTIVE SERVICES OR A LAW ENFORCEMENT
 AGENCY.
   (C) A TRANSACTION HOLD MAY BE EXTENDED BEYOND THE PERIODS SET FORTH IN
 PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION ONLY  PURSUANT  TO  AN  ORDER
 ISSUED BY A COURT OF COMPETENT JURISDICTION.
   (D)  A  TRANSACTION  HOLD MAY BE TERMINATED AT ANY TIME PURSUANT TO AN
 ORDER ISSUED BY A COURT OF COMPETENT JURISDICTION.
   4. IMMUNITY. A BANKING INSTITUTION OR AN EMPLOYEE OF A BANKING  INSTI-
 TUTION  SHALL BE IMMUNE FROM CRIMINAL, CIVIL, AND ADMINISTRATIVE LIABIL-
 ITY FOR ALL GOOD FAITH ACTIONS IN RELATION TO THE  APPLICATION  OF  THIS
 SECTION  INCLUDING  ANY GOOD FAITH DETERMINATION TO APPLY OR NOT APPLY A
 TRANSACTION HOLD ON AN  ACCOUNT  WHERE  THERE  IS  REASONABLE  BASIS  TO
 CONCLUDE:
   (A)  THAT  FINANCIAL  EXPLOITATION  OF  A  VULNERABLE  ADULT  MAY HAVE
 OCCURRED, MAY HAVE BEEN ATTEMPTED, OR IS BEING ATTEMPTED; AND
   (B) THAT THE PLACEMENT OF A  TRANSACTION  HOLD  MAY  BE  NECESSARY  TO
 PROTECT  A  VULNERABLE ADULT'S MONEY, ASSETS, OR PROPERTY FROM FINANCIAL
 EXPLOITATION, SUCH IMMUNITY SHALL NOT APPLY TO A  DETERMINATION  NOT  TO
 APPLY  A  TRANSACTION HOLD WHEN THE BANKING INSTITUTION OR EMPLOYEE ACTS

 S. 7508                            149                           A. 9508
 
 RECKLESSLY OR ENGAGES IN INTENTIONAL MISCONDUCT IN MAKING  THE  DETERMI-
 NATION, OR THE DETERMINATION RESULTS FROM A CONFLICT OF INTEREST.
   5.  CERTIFICATION  PROGRAM.  THE  DEPARTMENT  MAY  DEVELOP A FINANCIAL
 EXPLOITATION  CERTIFICATION  PROGRAM  FOR  BANKING  INSTITUTIONS.   UPON
 COMPLETION  OF THE TRAINING COMPONENTS REQUIRED BY THE PROGRAM AND AFTER
 ESTABLISHING THE NECESSARY INTERNAL POLICIES, PROCEDURES,  AND  IN-HOUSE
 TRAINING  PROGRAMS, A BANKING INSTITUTION SHALL RECEIVE FROM THE DEPART-
 MENT AN ADULT FINANCIAL EXPLOITATION PREVENTION CERTIFICATE  DEMONSTRAT-
 ING  THAT  STAFF AT SUCH BANKING INSTITUTION HAVE BEEN TRAINED ON HOW TO
 IDENTIFY, HELP PREVENT, AND  REPORT  THE  FINANCIAL  EXPLOITATION  OF  A
 VULNERABLE  ADULT.  AT THE DISCRETION OF THE SUPERINTENDENT, THE CERTIF-
 ICATION PROGRAM MAY BE MANDATORY FOR BANKING  INSTITUTIONS  LICENSED  BY
 THE DEPARTMENT.
   6.  REGULATIONS.  THE  SUPERINTENDENT  MAY  ISSUE SUCH RULES AND REGU-
 LATIONS THAT PROVIDE THE PROCEDURES FOR THE ENFORCEMENT OF THE TERMS  OF
 THIS  SECTION  AND  ANY OTHER RULES AND REGULATIONS THAT HE OR SHE DEEMS
 NECESSARY TO IMPLEMENT THE TERMS OF THIS SECTION.
   § 2. This act shall take effect October 1,  2020;  provided,  however,
 that  the  superintendent of financial services may promulgate any rules
 or regulations related to this act immediately.
 
                                  PART PP

   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 30 to read as follows:
                                  TITLE 30
      EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE FILL
                               PACKAGING BAN
 SECTION 27-3001. DEFINITIONS.
         27-3003. EXPANDED POLYSTYRENE  FOAM  CONTAINER  AND  POLYSTYRENE
                    LOOSE FILL PACKAGING BAN.
         27-3005. EXEMPTIONS.
         27-3007. PREEMPTION.
         27-3009. SEVERABILITY.
 § 27-3001. DEFINITIONS.
   FOR  THE  PURPOSES  OF  THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. "COVERED FOOD SERVICE PROVIDER"  MEANS  A  PERSON  ENGAGED  IN  THE
 PRIMARY  OR  SECONDARY BUSINESS OF SELLING OR DISTRIBUTING PREPARED FOOD
 OR BEVERAGES FOR ON-PREMISE OR OFF-PREMISE CONSUMPTION INCLUDING BUT NOT
 LIMITED TO: (A) FOOD SERVICE ESTABLISHMENTS,  CATERERS,  TEMPORARY  FOOD
 SERVICE  ESTABLISHMENTS,  MOBILE  FOOD SERVICE ESTABLISHMENTS, AND PUSH-
 CARTS AS DEFINED IN THE NEW YORK STATE SANITARY CODE;  (B)  RETAIL  FOOD
 STORES  AS DEFINED IN ARTICLE 28 OF THE AGRICULTURE AND MARKETS LAW; (C)
 DELICATESSENS; (D) GROCERY STORES; (E) RESTAURANTS; (F) CAFETERIAS;  (G)
 COFFEE  SHOPS;  (H) HOSPITALS, ADULT CARE FACILITIES, AND NURSING HOMES;
 AND (I) ELEMENTARY AND SECONDARY SCHOOLS, COLLEGES, AND UNIVERSITIES.
   2. "DISPOSABLE FOOD SERVICE CONTAINER" MEANS  A  BOWL,  CARTON,  CLAM-
 SHELL,  CUP,  LID, PLATE, TRAY, OR ANY OTHER PRODUCT THAT IS DESIGNED OR
 USED FOR THE TEMPORARY STORAGE OR TRANSPORT OF A PREPARED FOOD OR BEVER-
 AGE INCLUDING A CONTAINER GENERALLY RECOGNIZED BY THE  PUBLIC  AS  BEING
 DESIGNED FOR SINGLE USE.
   3.  "EXPANDED  POLYSTYRENE  FOAM"  MEANS  EXPANDED FOAM THERMOPLASTICS
 UTILIZING A STYRENE MONOMER AND PROCESSED BY ANY NUMBER  OF  TECHNIQUES.
 SUCH TERM SHALL NOT INCLUDE RIGID POLYSTYRENE.

 S. 7508                            150                           A. 9508
 
   4. "MANUFACTURER" MEANS EVERY PERSON, FIRM OR CORPORATION THAT PRODUC-
 ES OR IMPORTS POLYSTYRENE LOOSE FILL PACKAGING THAT IS SOLD, OFFERED FOR
 SALE, OR DISTRIBUTED IN THE STATE.
   5.  "POLYSTYRENE  LOOSE FILL PACKAGING" MEANS A VOID-FILLING PACKAGING
 PRODUCT MADE OF EXPANDED POLYSTYRENE THAT IS USED AS A  PACKAGING  FILL,
 COMMONLY REFERRED TO AS PACKING PEANUTS.
   6.  "PREPARED  FOOD" MEANS FOOD OR BEVERAGES THAT ARE COOKED, CHOPPED,
 SLICED, MIXED, BREWED, FROZEN, HEATED, SQUEEZED, COMBINED  OR  OTHERWISE
 PREPARED  ON THE PREMISES OF A COVERED FOOD SERVICE PROVIDER FOR IMMEDI-
 ATE CONSUMPTION AND REQUIRE  NO  FURTHER  PREPARATION  TO  BE  CONSUMED.
 PREPARED  FOOD INCLUDES BUT IS NOT LIMITED TO READY TO EAT TAKEOUT FOODS
 AND BEVERAGES.
   7. "RIGID POLYSTYRENE" MEANS PLASTIC PACKAGING MADE FROM RIGID, POLYS-
 TYRENE RESIN THAT HAS NOT BEEN EXPANDED, EXTRUDED, OR FOAMED.
   8. "STORE" MEANS A RETAIL OR  WHOLESALE  ESTABLISHMENT  OTHER  THAN  A
 COVERED FOOD SERVICE PROVIDER.
 §  27-3003.  EXPANDED  POLYSTYRENE  FOAM CONTAINER AND POLYSTYRENE LOOSE
              FILL PACKAGING BAN.
   1. (A) BEGINNING JANUARY FIRST, TWO THOUSAND  TWENTY-TWO,  NO  COVERED
 FOOD  SERVICE  PROVIDER  OR  STORE  SHALL  SELL, OFFER FOR SALE, USE, OR
 DISTRIBUTE DISPOSABLE FOOD SERVICE CONTAINERS USED TO HOLD PREPARED FOOD
 OR BEVERAGES THAT CONTAIN EXPANDED POLYSTYRENE FOAM.
   (B) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-TWO, NO COVERED  FOOD
 SERVICE  PROVIDER,  MANUFACTURER,  OR  STORE SHALL SELL, OFFER FOR SALE,
 USE, OR DISTRIBUTE POLYSTYRENE LOOSE FILL PACKAGING.
   2. THE DEPARTMENT IS AUTHORIZED TO:
   (A) UNDERTAKE A REVIEW OF ADDITIONAL PRODUCT PACKAGING, AND, BASED  ON
 THE  ENVIRONMENTAL  IMPACTS  OF SUCH PRODUCTS, PROMULGATE REGULATIONS TO
 LIMIT THE SALE, USE, OR DISTRIBUTION OF SUCH PRODUCTS;
   (B) CONDUCT EDUCATION AND OUTREACH IN MULTIPLE  LANGUAGES  TO  COVERED
 FOOD  SERVICE PROVIDERS, MANUFACTURERS, AND STORES TO INFORM THEM OF THE
 PROVISIONS OF THIS TITLE; AND
   (C) PROMULGATE ANY OTHER SUCH RULES AND REGULATIONS AS IT  SHALL  DEEM
 NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
 § 27-3005. EXEMPTIONS.
   NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION OF LAW, THIS TITLE SHALL
 NOT APPLY TO:
   1. PREPACKAGED FOOD FILLED OR SEALED PRIOR TO  RECEIPT  AT  A  COVERED
 FOOD SERVICE PROVIDER; OR
   2.  RAW  MEAT OR RAW FISH SOLD FOR THE PURPOSE OF COOKING OR PREPARING
 OFF-PREMISES BY THE CUSTOMER; OR
   3. FOR PURPOSES  OF  THE  EXPANDED  POLYSTYRENE  FOAM  CONTAINER  BAN,
 COVERED  FOOD  SERVICE  PROVIDERS THAT DEMONSTRATE UNDUE FINANCIAL HARD-
 SHIP, AS DETERMINED  BY  THE  DEPARTMENT,  PROVIDED  HOWEVER  THAT  SUCH
 COVERED  FOOD  SERVICE  PROVIDERS THAT HAVE TEN OR MORE LOCATIONS WITHIN
 THE STATE THAT (A) CONDUCT BUSINESS UNDER THE SAME BUSINESS NAME OR  (B)
 OPERATE  UNDER COMMON OWNERSHIP OR MANAGEMENT OR PURSUANT TO A FRANCHISE
 AGREEMENT WITH  THE  SAME  FRANCHISOR  SHALL  NOT  BE  ELIGIBLE  FOR  AN
 EXEMPTION.
 § 27-3007. PREEMPTION.
   1.  EXCEPT  AS  PROVIDED IN SUBDIVISION TWO OF THIS SECTION, ANY LOCAL
 LAW OR ORDINANCE WHICH IS INCONSISTENT WITH ANY PROVISION OF THIS  TITLE
 OR ANY RULE OR REGULATION PROMULGATED HEREUNDER SHALL BE PREEMPTED.
   2.  ANY  PROVISION OF ANY LOCAL LAW OR ORDINANCE, OR ANY RULE OR REGU-
 LATION PROMULGATED THERETO, GOVERNING THE PROHIBITION OF EXPANDED POLYS-
 TYRENE USE OR SALE OR THE OFFERING FOR SALE OF  POLYSTYRENE  LOOSE  FILL

 S. 7508                            151                           A. 9508
 
 PACKAGING,  WHICH  IS  INCONSISTENT WITH THE PROVISIONS OF THIS TITLE OR
 ANY RULES OR REGULATIONS PROMULGATED HEREUNDER, SHALL NOT  BE  PREEMPTED
 IF  SUCH  LOCAL  LAW  OR  ORDINANCE  IS AT LEAST AS COMPREHENSIVE AS THE
 PROVISIONS  OF  THIS TITLE OR ANY RULES OR REGULATIONS PROMULGATED HERE-
 UNDER.
 § 27-3009. SEVERABILITY.
   IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION  OR  PART  OF  THIS  TITLE
 SHALL  BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
 SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THER-
 EOF, 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.
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 71-2730 to read as follows:
 § 71-2730. ENFORCEMENT OF TITLE 30 OF ARTICLE 27 OF THIS CHAPTER.
   1.  ANY PERSON WHO SHALL VIOLATE SECTION 27-3003 OF THIS CHAPTER SHALL
 BE LIABLE TO THE STATE OF NEW YORK FOR A CIVIL PENALTY OF NOT MORE  THAN
 TWO  HUNDRED  FIFTY  DOLLARS FOR THE FIRST VIOLATION, NOT MORE THAN FIVE
 HUNDRED DOLLARS FOR THE SECOND VIOLATION IN THE SAME CALENDAR YEAR,  NOT
 MORE  THAN  ONE  THOUSAND  DOLLARS  FOR  THE THIRD VIOLATION IN THE SAME
 CALENDAR YEAR, AND NOT MORE THAN TWO THOUSAND DOLLARS FOR THE FOURTH AND
 EACH SUBSEQUENT VIOLATION IN THE SAME CALENDAR YEAR. A HEARING OR OPPOR-
 TUNITY TO BE HEARD SHALL BE PROVIDED PRIOR  TO  THE  ASSESSMENT  OF  ANY
 CIVIL PENALTY.
   2.  (A) THE DEPARTMENT, THE DEPARTMENT OF AGRICULTURE AND MARKETS, THE
 DEPARTMENT OF HEALTH, AND THE ATTORNEY GENERAL ARE HEREBY AUTHORIZED  TO
 ENFORCE THE PROVISIONS OF SECTION 27-3003 OF THIS CHAPTER.
   (B)  THE  PROVISIONS  OF  SECTION  27-3003 OF THIS CHAPTER MAY ALSO BE
 ENFORCED BY A VILLAGE, TOWN, CITY, OR COUNTY AND THE  LOCAL  LEGISLATIVE
 BODY  THEREOF MAY ADOPT LOCAL LAWS, ORDINANCES OR REGULATIONS CONSISTENT
 WITH THIS TITLE PROVIDING FOR THE ENFORCEMENT OF SUCH PROVISIONS.
   3. ANY FINES THAT ARE COLLECTED BY THE STATE DURING PROCEEDINGS BY THE
 STATE TO ENFORCE THE PROVISIONS OF SECTION 27-3003 OF THIS CHAPTER SHALL
 BE PAID INTO THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED  PURSUANT  TO
 SECTION  NINETY-TWO-S  OF THE FINANCE LAW.  ANY FINES THAT ARE COLLECTED
 BY A MUNICIPALITY DURING PROCEEDINGS BY THE MUNICIPALITY TO ENFORCE SUCH
 PROVISIONS WITHIN THE MUNICIPALITY SHALL  BE  RETAINED  BY  THE  MUNICI-
 PALITY.
   § 3. This act shall take effect immediately.
 
                                  PART QQ
 
   Section  1.  The  restore mother nature bond act is enacted to read as
 follows:
                      ENVIRONMENTAL BOND ACT OF 2020
                          "RESTORE MOTHER NATURE"
 Section 1. Short title.
         2. Creation of state debt.
         3. Bonds of the state.
         4. Use of moneys received.
   § 1. Short title. This act shall be known and  may  be  cited  as  the
 "environmental bond act of 2020 restore mother nature".
   §  2.  Creation of state debt. The creation of state debt in an amount
 not exceeding in the aggregate three billion dollars ($3,000,000,000) is
 hereby authorized to provide moneys for the  single  purpose  of  making
 environmental  improvements  that  preserve,  enhance,  and  restore New

 S. 7508                            152                           A. 9508
 
 York's natural resources and reduce the  impact  of  climate  change  by
 funding  capital  projects  to:  restore  habitat  and reduce flood risk
 including wetland, floodplain, and stream  restoration  and  protection,
 acquisition of real property, enhance shoreline protection, forest pres-
 ervation,  development  and improvement of fish hatcheries, and removal,
 alteration, and right-sizing of dams,  bridges,  and  culverts;  improve
 water   quality   through  wastewater  infrastructure  improvements  and
 upgrades including green infrastructure projects that reduce  stormwater
 impacts,  agricultural  nutrient  management,  and expansion of riparian
 buffers; protect  open  space  and  invest  in  associated  recreational
 infrastructure  including  land acquisition, development and improvement
 of park, campground, nature center, and other state recreational facili-
 ties; expand the use of renewable  energy  to  mitigate  climate  change
 including,  but not limited to, clean energy or resiliency projects; and
 other such projects that preserve, enhance, and restore the  quality  of
 the state's environment.
   §  3.  Bonds  of the state. The state comptroller is hereby authorized
 and empowered to issue and sell bonds of the state up to  the  aggregate
 amount  of  three  billion  dollars ($3,000,000,000) for the purposes of
 this act, subject to the provisions of article 5 of  the  state  finance
 law. The aggregate principal amount of such bonds shall not exceed three
 billion  dollars  ($3,000,000,000)  excluding  bonds issued to refund or
 otherwise repay bonds heretofore  issued  for  such  purpose;  provided,
 however,  that upon any such refunding or repayment, the total aggregate
 principal amount of outstanding bonds may be greater than three  billion
 dollars ($3,000,000,000) only if the present value of the aggregate debt
 service  of  the  refunding  or  repayment  bonds to be issued shall not
 exceed the present value of the aggregate debt service of the  bonds  to
 be refunded or repaid. The method for calculating present value shall be
 determined by law.
   § 4. Use of moneys received. The moneys received by the state from the
 sale  of  bonds  sold pursuant to this act shall be expended pursuant to
 appropriations for capital projects related to  design,  planning,  site
 acquisition,  demolition,  construction,  reconstruction,  and rehabili-
 tation including but not limited to, projects specified in  section  two
 of this act.
   §  2.  This  act  shall  take  effect  immediately,  provided that the
 provisions of section one of this act shall not take effect  unless  and
 until  this  act  shall have been submitted to the people at the general
 election to be held in November 2020 and shall have been approved  by  a
 majority  of  all  votes  cast for and against it at such election. Upon
 approval by the people, section one of this act shall take effect  imme-
 diately.  The  ballots  to  be  furnished  for  the  use  of voters upon
 submission of this act shall be in the form prescribed by  the  election
 law  and  the  proposition  or question to be submitted shall be printed
 thereon in the following form, namely "To address and combat the  impact
 of  climate change and damage to the environment, the Environmental Bond
 Act of 2020 "Restore Mother Nature" authorizes the sale of  state  bonds
 up  to  three  billion dollars to fund environmental protection, natural
 restoration, resiliency, and clean energy projects. Shall  the  Environ-
 mental Bond Act of 2020 be approved?".
 
                                  PART RR
 
   Section  1.  The environmental conservation law is amended by adding a
 new article 58 to read as follows:

 S. 7508                            153                           A. 9508
 
                                ARTICLE 58
   IMPLEMENTATION OF THE ENVIRONMENTAL BOND ACT OF 2020 "RESTORE MOTHER
                                  NATURE"
 SECTION 58-0101. DEFINITIONS.
         58-0103. ALLOCATION OF MONEYS.
         58-0105. POWERS AND DUTIES.
         58-0107. POWERS AND DUTIES OF A MUNICIPALITY.
         58-0109. CONSISTENCY WITH FEDERAL TAX LAW.
         58-0111. COMPLIANCE WITH OTHER LAW.
 § 58-0101. DEFINITIONS.
   AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL MEAN AND INCLUDE:
   1.  "BONDS" SHALL MEAN GENERAL OBLIGATION BONDS ISSUED PURSUANT TO THE
 ENVIRONMENTAL BOND ACT OF 2020 "RESTORE  MOTHER  NATURE"  IN  ACCORDANCE
 WITH  ARTICLE VII OF THE NEW YORK STATE CONSTITUTION AND ARTICLE FIVE OF
 THE STATE FINANCE LAW.
   2. "COST" MEANS THE  EXPENSE  OF  AN  APPROVED  PROJECT,  WHICH  SHALL
 INCLUDE  BUT NOT BE LIMITED TO APPRAISAL, SURVEYING, PLANNING, ENGINEER-
 ING AND ARCHITECTURAL SERVICES, PLANS AND SPECIFICATIONS, CONSULTANT AND
 LEGAL SERVICES, SITE PREPARATION,  DEMOLITION,  CONSTRUCTION  AND  OTHER
 DIRECT EXPENSES INCIDENT TO SUCH PROJECT.
   3.  "DEPARTMENT"  SHALL MEAN THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
 TION.
   4. "MUNICIPALITY" MEANS A LOCAL PUBLIC  AUTHORITY  OR  PUBLIC  BENEFIT
 CORPORATION, A COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, SUPERVISORY
 DISTRICT,  DISTRICT  CORPORATION,  IMPROVEMENT DISTRICT WITHIN A COUNTY,
 CITY, TOWN OR VILLAGE, OR INDIAN NATION OR TRIBE RECOGNIZED BY THE STATE
 OR THE UNITED STATES WITH A RESERVATION  WHOLLY  OR  PARTLY  WITHIN  THE
 BOUNDARIES OF NEW YORK STATE, OR ANY COMBINATION THEREOF.
   5.  "STATE ASSISTANCE PAYMENT" MEANS PAYMENT OF THE STATE SHARE OF THE
 COST OF PROJECTS  AUTHORIZED  BY  THIS  ARTICLE  TO  PRESERVE,  ENHANCE,
 RESTORE AND IMPROVE THE QUALITY OF THE STATE'S ENVIRONMENT.
   6.  "STATE  ENTITY"  MEANS  ANY  STATE  DEPARTMENT,  DIVISION, AGENCY,
 OFFICE, PUBLIC AUTHORITY, OR PUBLIC BENEFIT CORPORATION.
 § 58-0103. ALLOCATION OF MONEYS.
   THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF  BONDS  PURSUANT  TO
 THE  ENVIRONMENTAL  BOND  ACT  OF  2020 "RESTORE MOTHER NATURE" SHALL BE
 EXPENDED FOR PROJECT COSTS TO: RESTORE HABITAT  AND  REDUCE  FLOOD  RISK
 INCLUDING,  WETLAND,  FLOODPLAIN, AND STREAM RESTORATION AND PROTECTION,
 ACQUISITION OF REAL PROPERTY, ENHANCE SHORELINE PROTECTION, FOREST PRES-
 ERVATION, DEVELOPMENT AND IMPROVEMENT OF FISH HATCHERIES,  AND  REMOVAL,
 ALTERATION,  AND  RIGHT-SIZING  OF  DAMS, BRIDGES, AND CULVERTS; IMPROVE
 WATER QUALITY THROUGH WASTEWATER INFRASTRUCTURE AND  UPGRADES  INCLUDING
 GREEN  INFRASTRUCTURE  PROJECTS THAT REDUCE STORMWATER IMPACTS, AGRICUL-
 TURAL NUTRIENT MANAGEMENT AND EXPANSION  OF  RIPARIAN  BUFFERS;  PROTECT
 OPEN  SPACE AND INVEST IN ASSOCIATED RECREATIONAL INFRASTRUCTURE INCLUD-
 ING LAND ACQUISITION, DEVELOPMENT AND IMPROVEMENT OF  PARK,  CAMPGROUND,
 NATURE  CENTER,  AND OTHER STATE RECREATIONAL FACILITIES; EXPAND THE USE
 OF RENEWABLE ENERGY TO  MITIGATE  CLIMATE  CHANGE,  INCLUDING,  BUT  NOT
 LIMITED TO, CLEAN ENERGY OR RESILIENCY PROJECTS; AND OTHER SUCH PROJECTS
 THAT  PRESERVE, ENHANCE, AND RESTORE THE QUALITY OF THE STATE'S ENVIRON-
 MENT.
 § 58-0105. POWERS AND DUTIES.
   IN IMPLEMENTING THE PROVISIONS OF THIS ARTICLE THE DEPARTMENT IS HERE-
 BY AUTHORIZED TO:
   1. ADMINISTER FUNDS GENERATED PURSUANT TO THE ENVIRONMENTAL  BOND  ACT
 OF 2020 "RESTORE MOTHER NATURE".

 S. 7508                            154                           A. 9508
 
   2.  IN THE NAME OF THE STATE, AS FURTHER PROVIDED WITHIN THIS ARTICLE,
 CONTRACT TO MAKE, WITHIN THE  LIMITATIONS  OF  APPROPRIATIONS  AVAILABLE
 THEREFOR,  STATE  ASSISTANCE  PAYMENTS  TOWARD  THE  COST  OF  A PROJECT
 APPROVED, AND TO BE UNDERTAKEN PURSUANT TO THIS ARTICLE.
   3. APPROVE VOUCHERS FOR THE PAYMENTS PURSUANT TO AN APPROVED CONTRACT.
   4.  ENTER  INTO CONTRACTS WITH ANY PERSON, FIRM, CORPORATION, NOT-FOR-
 PROFIT CORPORATION, AGENCY OR OTHER ENTITY, PRIVATE OR GOVERNMENTAL, FOR
 THE PURPOSE OF EFFECTUATING THE PROVISIONS OF THIS ARTICLE.
   5. PROMULGATE SUCH RULES AND REGULATIONS AND TO DEVELOP SUCH FORMS AND
 PROCEDURES NECESSARY TO  EFFECTUATE  THE  PROVISIONS  OF  THIS  ARTICLE,
 INCLUDING  BUT  NOT  LIMITED  TO REQUIREMENTS FOR THE FORM, CONTENT, AND
 SUBMISSION OF APPLICATIONS BY MUNICIPALITIES FOR STATE FINANCIAL ASSIST-
 ANCE.
   6. DELEGATE TO, OR COOPERATE WITH,  ANY  OTHER  STATE  ENTITY  IN  THE
 ADMINISTRATION OF THIS ARTICLE.
   7.  PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROPER OR
 DESIRABLE TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
 § 58-0107. 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.
   3.  APPLY  FOR  AND  RECEIVE  MONEYS FROM THE STATE FOR THE PURPOSE OF
 ACCOMPLISHING PROJECTS UNDERTAKEN OR TO BE UNDERTAKEN PURSUANT  TO  THIS
 ARTICLE.
   4.  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.
 § 58-0109. CONSISTENCY WITH FEDERAL TAX LAW.
   ALL ACTIONS UNDERTAKEN PURSUANT TO THIS ARTICLE SHALL BE REVIEWED  FOR
 CONSISTENCY  WITH  PROVISIONS  OF  THE FEDERAL INTERNAL REVENUE CODE AND
 REGULATIONS THEREUNDER, IN ACCORDANCE  WITH  PROCEDURES  ESTABLISHED  IN
 CONNECTION  WITH  THE  ISSUANCE OF ANY TAX EXEMPT BONDS PURSUANT TO THIS
 ARTICLE, TO PRESERVE THE TAX EXEMPT STATUS OF SUCH BONDS.
 § 58-0111. COMPLIANCE WITH OTHER LAW.
   EVERY RECIPIENT OF FUNDS TO BE MADE AVAILABLE PURSUANT TO THIS ARTICLE
 SHALL COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL LAWS.
   § 2. The state finance law is amended by adding a new section  97-tttt
 to read as follows:
   §  97-TTTT. RESTORE MOTHER NATURE BOND FUND. 1. THERE IS HEREBY ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE  "RESTORE
 MOTHER NATURE BOND FUND".
   2.  THE STATE COMPTROLLER SHALL DEPOSIT INTO THE RESTORE MOTHER NATURE
 BOND FUND ALL MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR
 NOTES FOR USES ELIGIBLE PURSUANT TO SECTION FOUR  OF  THE  ENVIRONMENTAL
 BOND ACT OF 2020 "RESTORE MOTHER NATURE".
   3.  MONEYS IN THE RESTORE MOTHER NATURE BOND FUND, FOLLOWING APPROPRI-
 ATION BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF  THE  BUDGET,
 SHALL  BE  AVAILABLE  ONLY  FOR  REIMBURSEMENT OF EXPENDITURES MADE FROM
 APPROPRIATIONS FROM THE CAPITAL PROJECTS FUND FOR  THE  PURPOSE  OF  THE
 RESTORE  MOTHER NATURE BOND FUND, AS SET FORTH IN THE ENVIRONMENTAL BOND
 ACT OF 2020 "RESTORE MOTHER NATURE".

 S. 7508                            155                           A. 9508
 
   4. NO MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES
 SOLD PURSUANT TO THE ENVIRONMENTAL BOND  ACT  OF  2020  "RESTORE  MOTHER
 NATURE" SHALL BE EXPENDED FOR ANY PROJECT UNTIL FUNDS THEREFOR HAVE BEEN
 ALLOCATED  PURSUANT  TO THE PROVISIONS OF THIS SECTION AND COPIES OF THE
 APPROPRIATE  CERTIFICATES OF APPROVAL FILED WITH THE CHAIR OF THE SENATE
 FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS  AND  MEANS  COMMITTEE
 AND THE STATE COMPTROLLER.
   §  3.  Section  61 of the state finance law is amended by adding a new
 subdivision 32 to read as follows:
   32. THIRTY YEARS. FOR THE PAYMENT OF "RESTORE MOTHER NATURE" PROJECTS,
 AS DEFINED IN ARTICLE FIFTY-EIGHT OF THE ENVIRONMENTAL CONSERVATION  LAW
 AND UNDERTAKEN PURSUANT TO A CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY,
 ENACTING  AND  CONSTITUTING  THE ENVIRONMENTAL BOND ACT OF 2020 "RESTORE
 MOTHER NATURE".  THIRTY YEARS FOR FLOOD  CONTROL  INFRASTRUCTURE,  OTHER
 ENVIRONMENTAL  INFRASTRUCTURE,  WETLAND  AND  OTHER HABITAT RESTORATION,
 WATER QUALITY PROJECTS, ACQUISITION OF LAND,  INCLUDING  ACQUISITION  OF
 REAL  PROPERTY, AND RENEWABLE ENERGY PROJECTS. NOTWITHSTANDING THE FORE-
 GOING, FOR THE PURPOSES OF CALCULATING ANNUAL DEBT  SERVICE,  THE  STATE
 COMPTROLLER  SHALL  APPLY  A WEIGHTED AVERAGE PERIOD OF PROBABLE LIFE OF
 RESTORE MOTHER NATURE PROJECTS, INCLUDING ANY OTHER WORKS OR PURPOSES TO
 BE FINANCED WITH STATE DEBT. WEIGHTED AVERAGE PERIOD  OF  PROBABLE  LIFE
 SHALL  BE  DETERMINED  BY COMPUTING THE SUM OF THE PRODUCTS DERIVED FROM
 MULTIPLYING THE DOLLAR VALUE OF THE PORTION OF THE DEBT  CONTRACTED  FOR
 EACH  WORK  OR  PURPOSE  (OR CLASS OF WORKS OR PURPOSES) BY THE PROBABLE
 LIFE OF SUCH WORK OR PURPOSE (OR CLASS OF WORKS OR PURPOSES) AND  DIVID-
 ING  THE  RESULTING  SUM  BY  THE  DOLLAR VALUE OF THE ENTIRE DEBT AFTER
 TAKING INTO CONSIDERATION ANY ORIGINAL ISSUE PREMIUM OR DISCOUNT.
   § 4. If any clause, sentence, paragraph, section or part of  this  act
 shall  be adjudged by any court of competent jurisdiction to be invalid,
 such judgment shall not affect, impair or invalidate the remainder ther-
 eof, 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.
   § 5. This act shall take effect only in the event that  section  1  of
 part  XX  of  a  chapter of the laws of 2020, enacting the environmental
 bond act of 2020 "restore mother nature" is submitted to the  people  at
 the  general  election  to be held in November 2020 and is approved by a
 majority of all votes cast for and against it  at  such  election.  Upon
 such  approval,  this act shall take effect immediately. Effective imme-
 diately, the addition, amendment, and/or repeal of  any  rule  or  regu-
 lation  necessary  for  the  implementation of the foregoing sections of
 this act are authorized and directed to be  made  and  completed  on  or
 before such effective date.
 
                                  PART SS
 
   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 32 to read as follows:
                                 TITLE 32
                            PRODUCT STEWARDSHIP
 SECTION 27-3201. DEFINITIONS.
         27-3203. STEWARDSHIP ORGANIZATION RESPONSIBILITIES.
         27-3205. PRODUCER RESPONSIBILITIES.
         27-3207. RETAILER AND DISTRIBUTOR RESPONSIBILITIES.
         27-3209. DEPARTMENT RESPONSIBILITIES.
         27-3211. RULES AND REGULATIONS.

 S. 7508                            156                           A. 9508
 
         27-3213. ENFORCEMENT AND PENALTIES.
         27-3215. STATE PREEMPTION.
         27-3217. REPORT  AND CRITERIA FOR IDENTIFYING ADDITIONAL COVERED
                    PRODUCTS OR PRODUCT CATEGORIES.
         27-3219. SEVERABILITY.
 § 27-3201. DEFINITIONS.
   AS USED IN THIS TITLE:
   1. "BRAND" MEANS A NAME, SYMBOL, WORD, OR  MARK  THAT  ATTRIBUTES  THE
 PRODUCT TO THE OWNER OR LICENSEE OF THE BRAND AS THE PRODUCER.
   2.  "CARPET"  MEANS A MANUFACTURED ARTICLE THAT IS (I) USED IN COMMER-
 CIAL BUILDINGS OR SINGLE  OR  MULTIFAMILY  RESIDENTIAL  BUILDINGS,  (II)
 AFFIXED  OR PLACED ON THE FLOOR OR BUILDING WALKING SURFACE AS A DECORA-
 TIVE OR FUNCTIONAL BUILDING INTERIOR  OR  EXTERIOR  FEATURE,  AND  (III)
 PRIMARILY  CONSTRUCTED  OF  A  TOP  SURFACE OF SYNTHETIC OR NATURAL FACE
 FIBERS OR YARNS OR TUFTS ATTACHED TO A BACKING SYSTEM MADE OF  SYNTHETIC
 OR  NATURAL  MATERIALS.    "CARPET"  INCLUDES,  BUT IS NOT LIMITED TO, A
 COMMERCIAL OR RESIDENTIAL BROADLOOM CARPET, MODULAR  CARPET  TILES,  AND
 ARTIFICIAL  TURF, PAD OR UNDERLAYMENT USED IN CONJUNCTION WITH A CARPET.
 "CARPET" DOES NOT INCLUDE HANDMADE RUGS, AREA RUGS, OR MATS.
   3. "COLLECTION SITE" MEANS A PERMANENT LOCATION IN THE STATE AT  WHICH
 DISCARDED COVERED PRODUCTS MAY BE RETURNED BY A CONSUMER.
   4. "CONSUMER" MEANS A PERSON LOCATED IN THE STATE WHO PURCHASES, OWNS,
 LEASES,  OR USES COVERED PRODUCTS, INCLUDING BUT NOT LIMITED TO AN INDI-
 VIDUAL, A BUSINESS,  CORPORATION,  LIMITED  PARTNERSHIP,  NOT-FOR-PROFIT
 CORPORATION,  THE  STATE,  A  PUBLIC  CORPORATION, PUBLIC SCHOOL, SCHOOL
 DISTRICT, PRIVATE OR PAROCHIAL SCHOOL OR  BOARD  OF  COOPERATIVE  EDUCA-
 TIONAL SERVICES OR GOVERNMENTAL ENTITY.
   5. "COVERED PRODUCT" MEANS CARPETS OR MATTRESSES.
   6.  "DISCARDED  COVERED  PRODUCT"  MEANS  COVERED PRODUCTS THAT ARE NO
 LONGER USED FOR ITS MANUFACTURED PURPOSE.
   7. "DISTRIBUTOR" OR "WHOLESALER" MEANS A PERSON WHO BUYS OR  OTHERWISE
 ACQUIRES  COVERED  PRODUCTS  FROM  ANOTHER SOURCE AND SELLS OR OFFERS TO
 SELL A COVERED PRODUCT TO RETAILERS IN THIS STATE.
   8. "ENERGY RECOVERY" MEANS THE PROCESS BY WHICH ALL OR  A  PORTION  OF
 SOLID WASTE MATERIALS ARE PROCESSED OR COMBUSTED IN ORDER TO UTILIZE THE
 HEAT  CONTENT  OR  OTHER  FORMS  OF ENERGY DERIVED FROM SUCH SOLID WASTE
 MATERIALS.
   9. "MATTRESS" MEANS ANY RESILIENT MATERIAL, OR COMBINATION OF  MATERI-
 ALS, THAT IS DESIGNED TO BE USED AS A BED. MATTRESS SHALL NOT INCLUDE:
   A.  AN  UNATTACHED MATTRESS PAD OR MATTRESS TOPPER THAT IS INTENDED TO
 BE USED WITH, OR ON TOP OF A MATTRESS;
   B. A CRIB OR BASSINET MATTRESS OR CAR BED;
   C. JUVENILE PRODUCTS, INCLUDING: A CARRIAGE, BASKET,  DRESSING  TABLE,
 STROLLER, PLAYPEN, INFANT CARRIER, LOUNGE PAD, CRIB BUMPER, AND THE PADS
 FOR THOSE JUVENILE PRODUCTS;
   D. A WATER BED OR AIR MATTRESS; OR
   E. A FOLD-OUT SOFA BED OR FUTON.
   10.  "PRODUCER"  MEANS  ANY  PERSON  WHO  MANUFACTURES  OR RENOVATES A
 COVERED PRODUCT THAT IS SOLD, OFFERED FOR SALE, OR  DISTRIBUTED  IN  THE
 STATE UNDER THE MANUFACTURER'S OWN NAME OR BRAND. "PRODUCER" INCLUDES:
   A.  THE OWNER OF A TRADEMARK OR BRAND UNDER WHICH A COVERED PRODUCT IS
 SOLD, OFFERED FOR SALE, OR DISTRIBUTED IN THIS  STATE,  WHETHER  OR  NOT
 SUCH TRADEMARK OR BRAND IS REGISTERED IN THE STATE; AND
   B.  ANY  PERSON  WHO  IMPORTS A COVERED PRODUCT INTO THE UNITED STATES
 THAT IS SOLD OR OFFERED FOR SALE IN THE STATE AND THAT  IS  MANUFACTURED
 BY A PERSON WHO DOES NOT HAVE A PRESENCE IN THE UNITED STATES.

 S. 7508                            157                           A. 9508
 
   11.  "PRODUCT"  MEANS  AN  ITEM  SOLD  WITHIN THE STATE THAT IS DEEMED
 ELIGIBLE BY THE DEPARTMENT FOR INCLUSION IN THIS CHAPTER  AS  A  COVERED
 PRODUCT.
   12. "PRODUCT CATEGORY" MEANS A GROUP OF SIMILAR PRODUCTS.
   13. "PROPRIETARY INFORMATION" MEANS INFORMATION THAT IS A TRADE SECRET
 OR IS PRODUCTION, COMMERCIAL OR FINANCIAL INFORMATION, THAT IF DISCLOSED
 WOULD  IMPAIR  THE  COMPETITIVE POSITION OF THE SUBMITTER AND WOULD MAKE
 AVAILABLE INFORMATION NOT OTHERWISE PUBLICLY AVAILABLE.
   14. "RECYCLING" MEANS TO SEPARATE, DISMANTLE OR PROCESS THE MATERIALS,
 COMPONENTS OR COMMODITIES CONTAINED IN COVERED PRODUCTS FOR THE  PURPOSE
 OF  PREPARING  THE MATERIALS, COMPONENTS OR COMMODITIES FOR USE OR REUSE
 IN NEW PRODUCTS OR  COMPONENTS.  "RECYCLING"  DOES  NOT  INCLUDE  ENERGY
 RECOVERY  OR  ENERGY  GENERATION  BY  MEANS  OF  COMBUSTION, OR LANDFILL
 DISPOSAL OF DISCARDED COVERED PRODUCTS OR  DISCARDED  PRODUCT  COMPONENT
 MATERIALS.
   15.  "RECYCLING  RATE"  MEANS  THE  PERCENTAGE  OF  DISCARDED  COVERED
 PRODUCTS THAT IS MANAGED THROUGH RECYCLING OR REUSE, AS DEFINED BY  THIS
 TITLE,  AND  IS  COMPUTED  BY  DIVIDING  THE AMOUNT OF DISCARDED COVERED
 PRODUCTS COLLECTED AND  RECYCLED  OR  REUSED  BY  THE  TOTAL  AMOUNT  OF
 DISCARDED COVERED PRODUCTS COLLECTED OVER A PROGRAM YEAR.
   16. "RETAILER" MEANS ANY PERSON WHO SELLS OR OFFERS FOR SALE A COVERED
 PRODUCT TO A CONSUMER IN THE STATE.
   17. "REUSE" MEANS DONATING OR SELLING A DISCARDED COVERED PRODUCT BACK
 INTO  THE  MARKET  FOR  ITS  ORIGINAL  INTENDED  USE, WHEN THE DISCARDED
 COVERED PRODUCT RETAINS ITS ORIGINAL PERFORMANCE CHARACTERISTICS AND CAN
 BE USED FOR ITS ORIGINAL PURPOSE.
   18. "SALE" OR "SELL" MEANS A TRANSFER OF TITLE TO  A  COVERED  PRODUCT
 FOR  CONSIDERATION,  INCLUDING  A  REMOTE SALE CONDUCTED THROUGH A SALES
 OUTLET, CATALOG, WEBSITE, OR SIMILAR ELECTRONIC MEANS. "SALE" OR  "SELL"
 INCLUDES  A  LEASE  THROUGH  WHICH  A  COVERED  PRODUCT IS PROVIDED TO A
 CONSUMER BY A PRODUCER, DISTRIBUTOR, OR RETAILER.
   19. "STEWARDSHIP ORGANIZATION" MEANS A NONPROFIT  ENTITY  REPRESENTING
 COVERED  PRODUCT  PRODUCERS, OR OTHER DESIGNATED REPRESENTATIVES WHO ARE
 COOPERATING WITH ONE ANOTHER, TO COLLECTIVELY ESTABLISH  AND  OPERATE  A
 STEWARDSHIP PROGRAM FOR THE PURPOSE OF COMPLYING WITH THIS TITLE.
   20.  "STEWARDSHIP PROGRAM" MEANS A PROGRAM FINANCED AND IMPLEMENTED BY
 PRODUCERS, EITHER  INDIVIDUALLY,  OR  COLLECTIVELY  THROUGH  A  PRODUCER
 RESPONSIBILITY  ORGANIZATION,  THAT PROVIDES FOR, BUT IS NOT LIMITED TO,
 THE COLLECTION, TRANSPORTATION, REUSE, RECYCLING  OR  PROPER  MANAGEMENT
 THROUGH  COMBUSTION  OR DISPOSAL, OR AN APPROPRIATE COMBINATION THEREOF,
 OF UNWANTED PRODUCTS.
 § 27-3203. STEWARDSHIP ORGANIZATION RESPONSIBILITIES.
   1. A STEWARDSHIP ORGANIZATION SHALL BE CREATED AND FINANCED,  INDIVID-
 UALLY  OR  COLLECTIVELY, BY CARPET PRODUCERS, AND A MATTRESS STEWARDSHIP
 ORGANIZATION SHALL BE CREATED AND FINANCED BY MATTRESS PRODUCERS,  INDI-
 VIDUALLY  OR  COLLECTIVELY, TO ADMINISTER STEWARDSHIP PROGRAMS ON BEHALF
 OF THOSE RESPECTIVE PRODUCERS.
   2. ON OR BEFORE JULY FIRST, TWO  THOUSAND  TWENTY-ONE,  A  STEWARDSHIP
 ORGANIZATION  REPRESENTING THE PRODUCER OF A COVERED PRODUCT MUST SUBMIT
 A STEWARDSHIP PLAN TO THE DEPARTMENT  ON  BEHALF  OF  THE  PRODUCER  AND
 RECEIVE APPROVAL OF THE PLAN.
   3.  A  STEWARDSHIP  ORGANIZATION  OPERATING A STEWARDSHIP PROGRAM MUST
 UPDATE THE STEWARDSHIP PLAN EVERY THREE YEARS, AT A MINIMUM, AND  SUBMIT
 THE UPDATED PLAN TO THE DEPARTMENT FOR REVIEW AND APPROVAL.
   4.  THE  STEWARDSHIP  ORGANIZATION  MUST  NOTIFY THE DEPARTMENT WITHIN
 THIRTY DAYS OF ANY SIGNIFICANT CHANGES OR MODIFICATIONS TO THE  PLAN  OR

 S. 7508                            158                           A. 9508
 
 ITS  IMPLEMENTATION.  WITHIN  THIRTY  DAYS OF THE NOTIFICATION A WRITTEN
 PLAN AMENDMENT MUST BE  SUBMITTED  TO  THE  DEPARTMENT  FOR  REVIEW  AND
 APPROVAL.
   5. THE STEWARDSHIP PLAN SHALL INCLUDE, AT A MINIMUM:
   A.   CERTIFICATION  THAT  THE  STEWARDSHIP  PROGRAM  WILL  ACCEPT  FOR
 COLLECTION ALL DISCARDED COVERED PRODUCTS;
   B. CONTACT INFORMATION FOR EACH INDIVIDUAL REPRESENTING  THE  STEWARD-
 SHIP ORGANIZATION, INCLUDING THE ADDRESS OF THE STEWARDSHIP ORGANIZATION
 WHERE  THE  DEPARTMENT  WILL  SEND  ANY NOTIFICATIONS AND FOR SERVICE OF
 PROCESS, DESIGNATION OF A PROGRAM MANAGER RESPONSIBLE FOR  ADMINISTERING
 THE  PROGRAM,  A  LIST OF ALL PRODUCERS PARTICIPATING IN THE STEWARDSHIP
 PROGRAM, AND  CONTACT  INFORMATION  FOR  EACH  PRODUCER,  INCLUDING  THE
 ADDRESS  FOR  SERVICE  OF PROCESS, AND THE BRANDS COVERED BY THE PRODUCT
 STEWARDSHIP PROGRAM;
   C. A DESCRIPTION OF THE METHODS BY WHICH  DISCARDED  COVERED  PRODUCTS
 WILL BE COLLECTED WITH NO CHARGE TO ANY PERSON;
   D.  AN  EXPLANATION  OF  HOW  THE STEWARDSHIP PROGRAM WILL, BY JANUARY
 FIRST, TWO THOUSAND TWENTY-TWO OR  SIX  MONTHS  AFTER  STEWARDSHIP  PLAN
 APPROVAL,  ACHIEVE,  AT  A  MINIMUM, A CONVENIENCE STANDARD OF HAVING AT
 LEAST ONE COLLECTION SITE IN EACH COUNTY OF THE STATE, AND AT LEAST  ONE
 ADDITIONAL COLLECTION SITE FOR EVERY FIFTY THOUSAND RESIDENTS LOCATED IN
 A  MUNICIPALITY,  THAT  ACCEPTS  COVERED  PRODUCTS FROM CONSUMERS DURING
 NORMAL BUSINESS HOURS; HOWEVER, WITH RESPECT TO A CITY  HAVING  A  POPU-
 LATION  OF  ONE MILLION OR MORE, AFTER CONSULTATION WITH THE APPROPRIATE
 LOCAL OR REGIONAL ENTITY RESPONSIBLE FOR THE  COLLECTION  OF  SOLID  AND
 HAZARDOUS  WASTE,  THE DEPARTMENT MAY OTHERWISE ESTABLISH AN ALTERNATIVE
 CONVENIENCE STANDARD.  CONVENIENCE STANDARDS WILL BE  EVALUATED  BY  THE
 DEPARTMENT  PERIODICALLY  AND  THE  DEPARTMENT  MAY  REQUIRE  ADDITIONAL
 COLLECTION LOCATIONS TO ENSURE ADEQUATE CONSUMER CONVENIENCE;
   E. A DESCRIPTION OF HOW THE EFFECTIVENESS OF THE  STEWARDSHIP  PROGRAM
 WILL BE MONITORED, EVALUATED, AND MAINTAINED;
   F.  THE  NAMES  AND  LOCATIONS  OF COLLECTION SITES, TRANSPORTERS, AND
 PROCESSORS WHO WILL MANAGE DISCARDED COVERED PRODUCTS;
   G. A DESCRIPTION OF HOW THE DISCARDED COVERED PRODUCTS WILL BE  SAFELY
 AND  SECURELY  TRANSPORTED, TRACKED, AND HANDLED FROM COLLECTION THROUGH
 FINAL RECYCLING AND PROCESSING;
   H. A DESCRIPTION OF THE  METHODS  TO  BE  USED  TO  REUSE  OR  RECYCLE
 DISCARDED  COVERED PRODUCTS TO ENSURE THAT THE COMPONENTS, TO THE EXTENT
 FEASIBLE, ARE TRANSFORMED OR REMANUFACTURED INTO FINISHED  PRODUCTS  FOR
 USE;
   I.  A  DESCRIPTION  OF  THE METHODS TO BE USED TO MANAGE OR DISPOSE OF
 DISCARDED COVERED PRODUCTS THAT CANNOT BE RECYCLED OR REUSED;
   J. A DESCRIPTION OF THE OUTREACH AND EDUCATIONAL MATERIALS  THAT  MUST
 BE  PROVIDED TO CONSUMERS, RETAILERS, COLLECTION SITES, AND TRANSPORTERS
 OF DISCARDED COVERED PRODUCTS, AND HOW SUCH OUTREACH WILL  BE  EVALUATED
 FOR EFFECTIVENESS;
   K.  AN UP-TO-DATE STEWARDSHIP ORGANIZATION WEBSITE AND TOLL-FREE TELE-
 PHONE NUMBER THROUGH WHICH A CONSUMER CAN EASILY LEARN HOW AND WHERE  TO
 RECYCLE THEIR DISCARDED COVERED PRODUCTS;
   L.  AN  ANNUAL  PERFORMANCE  GOAL,  AS  DETERMINED  BY THE DEPARTMENT,
 INCLUDING AN ESTIMATE OF THE PERCENTAGE OF  DISCARDED  COVERED  PRODUCTS
 THAT  WILL  BE  COLLECTED, REUSED, AND RECYCLED DURING EACH YEAR FOR THE
 NEXT THREE YEARS OF THE STEWARDSHIP PLAN;
   M. AN EVALUATION OF THE STATUS OF END MARKETS  FOR  DISCARDED  COVERED
 PRODUCTS  AND WHAT, IF ANY, ADDITIONAL END MARKETS ARE NEEDED TO IMPROVE
 THE FUNCTIONING OF THE PROGRAMS; AND

 S. 7508                            159                           A. 9508
 
   N. A FUNDING MECHANISM THAT DEMONSTRATES SUFFICIENT FUNDING  TO  CARRY
 OUT  THE  PLAN,  INCLUDING  THE ADMINISTRATIVE, OPERATIONAL, AND CAPITAL
 COSTS OF THE PLAN.
   6. BY JULY FIRST, TWO THOUSAND TWENTY-THREE, AND BY JULY FIRST OF EACH
 YEAR  THEREAFTER,  THE STEWARDSHIP ORGANIZATION SHALL SUBMIT A REPORT TO
 THE  DEPARTMENT  THAT  INCLUDES,  FOR  THE  PREVIOUS  PROGRAM  YEAR,   A
 DESCRIPTION  OF  THE STEWARDSHIP PROGRAM, INCLUDING, BUT NOT LIMITED TO,
 THE FOLLOWING:
   A. A DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT, AND  PROC-
 ESS DISCARDED COVERED PRODUCTS IN REGIONS OF THE STATE;
   B. IDENTIFICATION OF ALL COLLECTION SITES IN THE STATE;
   C.  THE  WEIGHT OF ALL DISCARDED COVERED PRODUCTS COLLECTED AND REUSED
 OR RECYCLED IN ALL REGIONS OF THE STATE;
   D. AN EVALUATION OF WHETHER THE PERFORMANCE GOALS AND RECYCLING  RATES
 ESTABLISHED IN THE STEWARDSHIP PLAN HAVE BEEN ACHIEVED;
   E. AN ESTIMATED WEIGHT OF DISCARDED COVERED PRODUCTS AND ANY COMPONENT
 MATERIALS  THAT WERE COLLECTED PURSUANT TO THE STEWARDSHIP PLAN, BUT NOT
 RECYCLED; AND
   F. ANY OTHER INFORMATION REQUIRED BY  REGULATION  PROMULGATED  BY  THE
 DEPARTMENT.
   7.  A STEWARDSHIP ORGANIZATION SHALL PAY THE DEPARTMENT, THE FOLLOWING
 FEES, WHICH SHALL BE ADEQUATE TO COVER THE DEPARTMENT'S  FULL  COSTS  OF
 ADMINISTERING AND ENFORCING THE STEWARDSHIP PROGRAM AND SHALL NOT EXCEED
 THE  AMOUNT  NECESSARY  TO  RECOVER  COSTS INCURRED BY THE DEPARTMENT IN
 CONNECTION WITH THE ADMINISTRATION AND ENFORCEMENT OF  THE  REQUIREMENTS
 OF THIS TITLE:
   A. AN ANNUAL ADMINISTRATIVE FEE TO BE ESTABLISHED BY THE DEPARTMENT IN
 REGULATIONS; AND
   B.  A  ONE-TIME  FEE  OF  FIVE THOUSAND DOLLARS FOR A PLAN COVERING AN
 INDIVIDUAL PRODUCER, OR TEN THOUSAND DOLLARS FOR A  PLAN  FOR  PRODUCERS
 ACTING COLLECTIVELY, UPON SUBMISSION OF AN INITIAL STEWARDSHIP PLAN.
 § 27-3205. PRODUCER RESPONSIBILITIES.
   1.  BY  JANUARY  FIRST,  TWO THOUSAND TWENTY-TWO, EACH PRODUCER SHALL,
 INDIVIDUALLY OR COLLECTIVELY, THROUGH A STEWARDSHIP ORGANIZATION, IMPLE-
 MENT AND FINANCE A STATEWIDE STEWARDSHIP PROGRAM THAT:
   A. MANAGES COVERED PRODUCTS BY REDUCING ITS WASTE GENERATION;
   B. PROMOTES COVERED PRODUCT RECYCLING AND REUSE OR MATTRESS  RECYCLING
 AND REUSE; AND
   C.  PROVIDES  FOR  NEGOTIATION AND EXECUTION OF AGREEMENTS TO COLLECT,
 TRANSPORT, PROCESS, AND MARKET THE PRODUCER'S DISCARDED COVERED PRODUCTS
 FOR END-OF-LIFE RECYCLING, REUSE, OR DISPOSAL.
   2. NO PRODUCER MAY SELL OR OFFER FOR  SALE  COVERED  PRODUCTS  IN  THE
 STATE  UNLESS  THE  PRODUCER  IS  PART OF A STEWARDSHIP ORGANIZATION, OR
 INDIVIDUALLY, OPERATES A STEWARDSHIP  PROGRAM  IN  COMPLIANCE  WITH  THE
 PROVISIONS OF THIS TITLE.
   3.  THE  STEWARDSHIP  PROGRAM MUST BE FREE TO THE CONSUMER, CONVENIENT
 AND ADEQUATE TO SERVE THE NEEDS OF BUSINESSES AND RESIDENTS IN ALL AREAS
 OF THE STATE ON AN ONGOING BASIS.
 § 27-3207. RETAILER AND DISTRIBUTOR RESPONSIBILITIES.
   1. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-THREE, NO RETAILER  OR
 DISTRIBUTOR  MAY  SELL  OR  OFFER FOR SALE COVERED PRODUCTS IN THE STATE
 UNLESS THE PRODUCER OF  SUCH  COVERED  PRODUCT  IS  PARTICIPATING  IN  A
 STEWARDSHIP PROGRAM.
   2.  ANY RETAILER OR DISTRIBUTOR MAY PARTICIPATE, ON A VOLUNTARY BASIS,
 AS A DESIGNATED COLLECTION  POINT  PURSUANT  TO  A  PRODUCT  STEWARDSHIP
 PROGRAM AND IN ACCORDANCE WITH APPLICABLE LAW.

 S. 7508                            160                           A. 9508
 
   3.  NO  RETAILER  OR  DISTRIBUTOR SHALL BE FOUND TO BE IN VIOLATION OF
 THIS SECTION IF, ON THE DATE THE COVERED PRODUCTS WERE ORDERED FROM  THE
 PRODUCER  OR  ITS  AGENT, THE PRODUCER WAS LISTED AS COMPLIANT WITH THIS
 TITLE ON THE DEPARTMENT'S WEBSITE.
 § 27-3209. DEPARTMENT RESPONSIBILITIES.
   1.  UPON STEWARDSHIP PLAN APPROVAL, THE DEPARTMENT SHALL POST INFORMA-
 TION ON ITS WEBSITE ABOUT THE STEWARDSHIP ORGANIZATIONS AND ITS  PARTIC-
 IPATING PRODUCERS WHO ARE IN COMPLIANCE WITH THIS TITLE.
   2.  BEGINNING  JANUARY  FIRST, TWO THOUSAND TWENTY-TWO, THE DEPARTMENT
 SHALL POST ON ITS WEBSITE THE LOCATION OF ALL COLLECTION  SITES  IDENTI-
 FIED  TO THE DEPARTMENT BY THE STEWARDSHIP ORGANIZATION IN ITS PLANS AND
 ANNUAL REPORTS.
   3. THE DEPARTMENT SHALL POST ON  ITS  WEBSITE  EACH  STEWARDSHIP  PLAN
 APPROVED BY THE DEPARTMENT.
   4.  WITHIN  SIXTY DAYS AFTER RECEIPT OF A PROPOSED STEWARDSHIP PLAN OR
 PLAN AMENDMENT, THE DEPARTMENT SHALL APPROVE OR REJECT THE PLAN  OR  THE
 PLAN  AMENDMENT.  IF THE PLAN OR PLAN AMENDMENT IS APPROVED, THE DEPART-
 MENT SHALL NOTIFY THE STEWARDSHIP  ORGANIZATION  IN  WRITING.    IF  THE
 DEPARTMENT  REJECTS  THE  PLAN  OR  PLAN AMENDMENT, THE DEPARTMENT SHALL
 NOTIFY THE STEWARDSHIP ORGANIZATION IN WRITING STATING  THE  REASON  FOR
 REJECTING  THE  PLAN OR PLAN AMENDMENT. A STEWARDSHIP ORGANIZATION WHOSE
 PLAN IS REJECTED MUST SUBMIT A REVISED PLAN  TO  THE  DEPARTMENT  WITHIN
 THIRTY DAYS OF RECEIVING A NOTICE OF REJECTION.
   5.  THE  DEPARTMENT  SHALL DEPOSIT THE FEES COLLECTED PURSUANT TO THIS
 TITLE INTO THE STEWARDSHIP ORGANIZATION FUND AS ESTABLISHED PURSUANT  TO
 SECTION NINETY-TWO-JJ OF THE STATE FINANCE LAW.
 § 27-3211. RULES AND REGULATIONS.
   THE  DEPARTMENT  IS AUTHORIZED TO PROMULGATE ANY RULES AND REGULATIONS
 NECESSARY TO IMPLEMENT THIS TITLE.
 § 27-3213. ENFORCEMENT AND PENALTIES.
   1. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ANY PERSON OR  ENTITY
 THAT  VIOLATES  ANY  PROVISION  OF  OR FAILS TO PERFORM ANY DUTY IMPOSED
 PURSUANT TO THIS TITLE OR ANY RULE OR  REGULATION  PROMULGATED  PURSUANT
 THERETO,  OR  ANY TERM OR CONDITION OF ANY REGISTRATION OR PERMIT ISSUED
 PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE COMMISSION-
 ER MADE PURSUANT TO THIS ARTICLE OR ARTICLE SEVENTY-ONE OF THIS  CHAPTER
 SHALL  BE  LIABLE FOR A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS
 FOR EACH VIOLATION AND AN ADDITIONAL  PENALTY  OF  NOT  MORE  THAN  FIVE
 HUNDRED DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES.
   2.  ANY RETAILER OR DISTRIBUTOR WHO VIOLATES ANY PROVISION OF OR FAILS
 TO PERFORM ANY DUTY IMPOSED PURSUANT TO THIS TITLE OR ANY RULE OR  REGU-
 LATION  PROMULGATED  PURSUANT  THERETO,  OR ANY TERM OR CONDITION OF ANY
 REGISTRATION OR PERMIT ISSUED PURSUANT THERETO, OR  ANY  FINAL  DETERMI-
 NATION  OR  ORDER  OF  THE COMMISSIONER MADE PURSUANT TO THIS ARTICLE OR
 ARTICLE SEVENTY-ONE OF THIS CHAPTER SHALL BE LIABLE FOR A CIVIL  PENALTY
 NOT  TO EXCEED ONE THOUSAND DOLLARS FOR EACH VIOLATION AND AN ADDITIONAL
 PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH DAY DURING  WHICH
 SUCH VIOLATION CONTINUES.
   3.  A.  ANY  PRODUCER  OR  STEWARDSHIP  ORGANIZATION  WHO VIOLATES ANY
 PROVISION OF OR FAILS TO PERFORM ANY DUTY IMPOSED PURSUANT TO THIS TITLE
 OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY  TERM  OR
 CONDITION  OF ANY REGISTRATION OR PERMIT ISSUED PURSUANT THERETO, OR ANY
 FINAL DETERMINATION OR ORDER OF THE COMMISSIONER MADE PURSUANT  TO  THIS
 ARTICLE  OR  ARTICLE  SEVENTY-ONE  OF THIS CHAPTER SHALL BE LIABLE FOR A
 CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS FOR EACH VIOLATION AND
 AN ADDITIONAL PENALTY OF NOT MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS

 S. 7508                            161                           A. 9508
 
 FOR EACH DAY  DURING  WHICH  SUCH  VIOLATION  CONTINUES.  FOR  A  SECOND
 VIOLATION  COMMITTED  WITHIN  TWELVE  MONTHS  OF  A PRIOR VIOLATION, THE
 PRODUCER OR STEWARDSHIP ORGANIZATION SHALL BE LIABLE FOR A CIVIL PENALTY
 NOT TO EXCEED TEN THOUSAND DOLLARS AND AN ADDITIONAL PENALTY OF NOT MORE
 THAN  THREE  THOUSAND  DOLLARS  FOR EACH DAY DURING WHICH SUCH VIOLATION
 CONTINUES. FOR A THIRD OR SUBSEQUENT VIOLATION COMMITTED  WITHIN  TWELVE
 MONTHS  OF ANY PRIOR VIOLATION, THE PRODUCER OR STEWARDSHIP ORGANIZATION
 SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT  TO  EXCEED  TWENTY  THOUSAND
 DOLLARS  AND  AN ADDITIONAL PENALTY OF SIX THOUSAND DOLLARS FOR EACH DAY
 DURING WHICH SUCH VIOLATION CONTINUES.
   B. ALL PRODUCERS PARTICIPATING IN A STEWARDSHIP ORGANIZATION SHALL  BE
 JOINTLY  AND  SEVERALLY  LIABLE  FOR  ANY PENALTIES ASSESSED AGAINST THE
 STEWARDSHIP ORGANIZATION PURSUANT TO THIS TITLE AND ARTICLE  SEVENTY-ONE
 OF THIS CHAPTER.
   4. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE DEPART-
 MENT  AFTER  AN  OPPORTUNITY  TO  BE HEARD PURSUANT TO THE PROVISIONS OF
 SECTION 71-1709 OF THIS CHAPTER, OR  BY  THE  COURT  IN  ANY  ACTION  OR
 PROCEEDING  PURSUANT TO SECTION 71-2727 OF THIS CHAPTER, AND IN ADDITION
 THERETO, SUCH PERSON OR ENTITY MAY BY SIMILAR PROCESS BE  ENJOINED  FROM
 CONTINUING SUCH VIOLATION AND ANY PERMIT, REGISTRATION OR OTHER APPROVAL
 ISSUED  BY  THE  DEPARTMENT  MAY  BE  REVOKED  OR SUSPENDED OR A PENDING
 RENEWAL DENIED.
   5. THE DEPARTMENT AND THE ATTORNEY GENERAL ARE  HEREBY  AUTHORIZED  TO
 ENFORCE  THE  PROVISIONS OF THIS TITLE AND ALL MONIES COLLECTED SHALL BE
 DEPOSITED TO THE CREDIT OF THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED
 PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
 § 27-3215. STATE PREEMPTION.
   JURISDICTION IN ALL MATTERS PERTAINING TO COVERED  PRODUCTS  RECYCLING
 IS, BY THIS TITLE, VESTED EXCLUSIVELY IN THE STATE. ANY PROVISION OF ANY
 LOCAL  LAW  OR ORDINANCE, OR ANY RULE OR REGULATION PROMULGATED THERETO,
 GOVERNING COVERED PRODUCT RECYCLING SHALL, UPON THE  EFFECTIVE  DATE  OF
 THIS TITLE, BE PREEMPTED; PROVIDED HOWEVER, THAT NOTHING IN THIS SECTION
 SHALL  PRECLUDE  A PERSON FROM COORDINATING, FOR RECYCLING OR REUSE, THE
 COLLECTION OF COVERED PRODUCTS.
 § 27-3217. REPORT  AND  CRITERIA  FOR  IDENTIFYING  ADDITIONAL   COVERED
              PRODUCTS OR PRODUCT CATEGORIES.
   1.  THE  DEPARTMENT  SHALL BY NOVEMBER FIRST, TWO THOUSAND TWENTY-TWO,
 AND BIANNUALLY THEREAFTER, PUBLISH:
   A. A REVIEW AND EVALUATION OF THE PERFORMANCE OF EXISTING  STEWARDSHIP
 PROGRAMS IN THE STATE;
   B. LEGISLATIVE RECOMMENDATIONS THE DEPARTMENT WOULD PROPOSE TO IMPROVE
 EXISTING STEWARDSHIP PROGRAMS; AND
   C.  RECOMMENDATIONS  FOR  ESTABLISHING  NEW  STEWARDSHIP PROGRAMS. THE
 DEPARTMENT MAY IDENTIFY A PRODUCT OR PRODUCT CATEGORY AS A CANDIDATE FOR
 A STEWARDSHIP PROGRAM IF IT IS DETERMINED AFTER EVALUATION  OF  EACH  OF
 THE FOLLOWING THAT:
   (I)  A  STEWARDSHIP  PROGRAM  FOR THE PRODUCT OR PRODUCT CATEGORY WILL
 INCREASE THE RECOVERY OF MATERIALS FOR REUSE AND  RECYCLING  AND  REDUCE
 THE NEED FOR USE OF VIRGIN MATERIALS;
   (II)  A  STEWARDSHIP  PROGRAM FOR THE PRODUCT OR PRODUCT CATEGORY WILL
 REDUCE THE COSTS OF WASTE MANAGEMENT TO LOCAL GOVERNMENTS AND TAXPAYERS;
   (III) A STEWARDSHIP PROGRAM FOR THE PRODUCT OR PRODUCT  CATEGORY  WILL
 ENHANCE ENERGY CONSERVATION OR MITIGATE CLIMATE CHANGE IMPACTS;
   (IV) A STEWARDSHIP PROGRAM FOR THE PRODUCT OR PRODUCT CATEGORY WILL BE
 BENEFICIAL  FOR EXISTING AND NEW BUSINESSES AND INFRASTRUCTURE TO MANAGE

 S. 7508                            162                           A. 9508

 THE PRODUCTS AND LEAD TO THE DEVELOPMENT OF NEW  INDUSTRIES  TO  UTILIZE
 THE RECOVERED MATERIALS;
   (V) THERE EXISTS PUBLIC DEMAND FOR A STEWARDSHIP PROGRAM FOR THE PROD-
 UCT OR PRODUCT CATEGORY;
   (VI)  THERE  IS  SUCCESS IN COLLECTING AND PROCESSING SIMILAR TYPES OF
 PRODUCTS IN PROGRAMS IN OTHER STATES OR COUNTRIES; OR
   (VII) EXISTING VOLUNTARY STEWARDSHIP PROGRAMS FOR THE PRODUCT OR PROD-
 UCT CATEGORY IN THE STATE ARE NOT EFFECTIVE IN ACHIEVING THE  POLICY  OF
 THIS CHAPTER.
   2.  AT  LEAST  THIRTY  DAYS PRIOR TO PUBLISHING THE REPORT PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION THE DEPARTMENT SHALL POST THE REPORT  ON
 ITS PUBLICLY ACCESSIBLE WEBSITE. WITHIN THAT PERIOD, A PERSON MAY SUBMIT
 TO THE DEPARTMENT WRITTEN COMMENTS REGARDING THE REPORT.
 § 27-3219. SEVERABILITY.
   THE  PROVISIONS  OF  THIS  TITLE SHALL BE SEVERABLE AND IF ANY PHRASE,
 CLAUSE, SENTENCE OR PROVISION OF THIS TITLE, OR THE APPLICABILITY THERE-
 OF TO ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF
 THIS TITLE AND THE APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY.
   § 2. The state finance law is amended by adding a new section 92-jj to
 read as follows:
   § 92-JJ. STEWARDSHIP ORGANIZATION FUND. 1. THERE IS HEREBY ESTABLISHED
 IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND  THE  COMMISSIONER  OF
 THE DEPARTMENT OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
 "STEWARDSHIP ORGANIZATION FUND".
   2.  THE  STEWARDSHIP  ORGANIZATION  FUND  SHALL CONSIST OF ALL REVENUE
 COLLECTED FROM FEES PURSUANT TO TITLE THIRTY-TWO OF ARTICLE TWENTY-SEVEN
 OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY COST RECOVERIES  OR  OTHER
 REVENUES  COLLECTED PURSUANT TO TITLE THIRTY-TWO OF ARTICLE TWENTY-SEVEN
 OF THE ENVIRONMENTAL CONSERVATION LAW, AND ANY  OTHER  MONIES  DEPOSITED
 INTO THE FUND PURSUANT TO LAW.
   3.  MONEYS  OF  THE  FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
 SHALL BE USED FOR EXECUTION OF STEWARDSHIP ORGANIZATION PROGRAM ADMINIS-
 TRATION PURSUANT TO TITLE THIRTY-TWO  OF  ARTICLE  TWENTY-SEVEN  OF  THE
 ENVIRONMENTAL  CONSERVATION  LAW,  AND  EXPENDED FOR THE PURPOSES AS SET
 FORTH IN TITLE THIRTY-TWO OF ARTICLE TWENTY-SEVEN OF  THE  ENVIRONMENTAL
 CONSERVATION LAW.
   § 3. This act shall take effect immediately.
 
                                  PART TT
 
   Section 1. The opening paragraph of subdivision 1 and subdivision 2 of
 section  24-0107  of  the  environmental conservation law, as amended by
 chapter 654 of the laws of 1977, are amended to read as follows:
   "Freshwater wetlands" means lands and waters of the state [as shown on
 the freshwater wetlands map which] THAT HAVE AN AREA OF AT LEAST  TWELVE
 AND  FOUR-TENTHS  ACRES  IN SIZE, OR IF LESS THAN TWELVE AND FOUR-TENTHS
 ACRES ARE OF UNUSUAL IMPORTANCE; AND contain any or all of  the  follow-
 ing:
   2.  "Freshwater wetlands map" shall mean a map [promulgated] DEVELOPED
 by the department pursuant to section 24-0301 of this article  on  which
 are indicated the boundaries of any freshwater wetlands. THESE MAPS WILL
 SERVE THE PURPOSE OF EDUCATING THE PUBLIC ON THE APPROXIMATE LOCATION OF
 WETLANDS.    THESE  MAPS  ARE  FOR EDUCATIONAL PURPOSES ONLY AND ARE NOT
 CONTROLLING FOR PURPOSES OF DETERMINING IF A WETLANDS PERMIT IS REQUIRED
 PURSUANT TO SECTION 24-0701 OF THIS ARTICLE.

 S. 7508                            163                           A. 9508
 
   § 2. Subdivisions 1, 2, 3, 4 and 5 of section 24-0301 of the  environ-
 mental conservation law are REPEALED.
   §  3.  Subdivisions 6, 7 and 8 of section 24-0301 of the environmental
 conservation law, subdivision 6 as amended by chapter 16 of the laws  of
 2010  and subdivision 7 as amended and subdivision 8 as added by chapter
 645 of the laws of 1977, are amended to read as follows:
   [6.] 1. Except as  provided  in  subdivision  [eight]  THREE  of  this
 section, the commissioner shall supervise the maintenance of [such boun-
 dary]  FRESHWATER  WETLANDS maps, which shall be available to the public
 [for inspection and examination at the regional office of the department
 in which the wetlands are wholly or partly located and in the office  of
 the clerk of each county in which each such wetland or a portion thereof
 is  located]  ON THE DEPARTMENT'S WEBSITE. The commissioner may readjust
 the map [thereafter to  clarify  the  boundaries  of  the  wetlands,  to
 correct  any  errors  on  the map, to effect any additions, deletions or
 technical changes on the map, and to reflect changes as have occurred as
 a result of the granting of permits pursuant to section 24-0703 of  this
 article,  or  natural  changes  which may have occurred through erosion,
 accretion, or otherwise. Notice of such readjustment shall be  given  in
 the same manner as set forth in subdivision five of this section for the
 promulgation of final freshwater wetlands maps. In addition, at the time
 notice  is  provided  pursuant  to subdivision five of this section, the
 commissioner shall update any digital image of the  map  posted  on  the
 department's  website  to reflect such readjustment] AT ANY TIME TO MORE
 ACCURATELY DEPICT THE APPROXIMATE LOCATION OF WETLANDS.
   [7.] 2. Except as  provided  in  subdivision  [eight]  THREE  of  this
 section,  the commissioner may, upon his own initiative, and shall, upon
 a written request by a landowner whose land or a portion thereof may  be
 included within a wetland, or upon the written request of another person
 or persons or an official body whose interests are shown to be affected,
 cause  to be delineated [more precisely] the boundary line or lines of a
 freshwater wetland or a portion thereof. [Such more precise  delineation
 of  a  freshwater wetland boundary line or lines shall be of appropriate
 scale and sufficient clarity to permit the ready identification of indi-
 vidual buildings and of other major man-made structures or facilities or
 significant geographical features with respect to the  boundary  of  any
 freshwater  wetland.]  The commissioner shall undertake to delineate the
 boundary of a particular wetland or wetlands, or a  particular  part  of
 the  boundary  thereof  only upon a showing by the applicant therefor of
 good cause for such [more precise] delineation and the establishment  of
 such [more precise] line.
   [8.]  3. The supervision of the maintenance of any freshwater wetlands
 map or portion thereof applicable  to  wetlands  within  the  Adirondack
 park, the readjustment and precise delineation of wetland boundary lines
 and  the  other  functions  and  duties  ascribed to the commissioner by
 subdivisions [six and seven] ONE  AND  TWO  of  this  section  shall  be
 performed  by  the  Adirondack  park  agency, which shall make such maps
 available [for public inspection and examination at its headquarters] ON
 THE AGENCY'S WEBSITE.
   § 4. Subdivisions 1 and 4 of  section  24-0701  of  the  environmental
 conservation law, subdivision 1 as amended by chapter 654 of the laws of
 1977  and  subdivision  4 as amended by chapter 697 of the laws of 1979,
 are amended to read as follows:
   1. [After issuance of the official  freshwater  wetlands  map  of  the
 state,  or  of  any  selected section or region thereof, any] ANY person
 desiring to conduct on freshwater wetlands [as  so  designated  thereon]

 S. 7508                            164                           A. 9508
 
 any  of  the  regulated  activities set forth in subdivision two of this
 section must obtain a permit as provided in this title.
   4.  [The] ON LANDS IN ACTIVE AGRICULTURAL USE, THE activities of farm-
 ers and other landowners  in  grazing  and  watering  livestock,  making
 reasonable  use  of  water resources, harvesting natural products of the
 wetlands, selectively cutting timber,  draining  land  or  wetlands  for
 growing  agricultural  products  and  otherwise  engaging  in the use of
 wetlands or other  land  for  growing  agricultural  products  shall  be
 excluded  from regulated activities and shall not require a permit under
 subdivision one [hereof] OF THIS SECTION,  except  that  structures  not
 required for enhancement or maintenance of the agricultural productivity
 of  the land and any filling activities shall not be excluded hereunder,
 and provided that the use of land [designated as  a  freshwater  wetland
 upon  the  freshwater  wetlands  map at the effective date thereof] THAT
 MEETS THE DEFINITION OF A FRESHWATER WETLAND IN SECTION 24-0107 OF  THIS
 ARTICLE  for uses other than those referred to in this subdivision shall
 be subject to the provisions of this article.
   § 5. Subdivision 5 of section 24-0703 of the  environmental  conserva-
 tion  law,  as amended by section 38 of part D of chapter 60 of the laws
 of 2012, is amended to read as follows:
   5. [Prior to the promulgation of the final freshwater wetlands map  in
 a  particular  area  and  the  implementation  of  a freshwater wetlands
 protection law or ordinance, no person shall conduct,  or  cause  to  be
 conducted,  any  activity  for  which a permit is required under section
 24-0701 of this title on any freshwater wetland unless he has obtained a
 permit from the commissioner under this section.] Any person may inquire
 of the department as to whether or not a given parcel of land  [will  be
 designated]  INCLUDES  a  freshwater  wetland subject to regulation. The
 department shall give a definite answer in writing within [thirty] SIXTY
 days of such request as to [whether] THE STATUS OF such parcel [will  or
 will not be so designated].  Provided that, in the event that weather or
 ground  conditions  prevent  the  department from making a determination
 within [thirty] SIXTY days, it may extend such period until  a  determi-
 nation  can be made. Such answer in the affirmative shall be reviewable;
 such an answer in the negative  shall  be  a  complete  defense  to  the
 enforcement of this article as to such parcel of land. [The commissioner
 may  by  regulation  adopted  after  public hearing exempt categories or
 classes of wetlands or individual wetlands which he determines not to be
 critical to the furtherance of the policies and purposes of  this  arti-
 cle.]
   §  6.  Subdivision 1 of section 24-0901 of the environmental conserva-
 tion law, as added by chapter 614 of the laws of  1975,  is  amended  to
 read as follows:
   1.  [Upon  completion of the freshwater wetlands map, the] THE commis-
 sioner shall confer with local government officials in  each  region  in
 which  the  inventory  has been conducted to establish a program for the
 protection of the freshwater wetlands of the state.
   § 7. Subdivisions 1 and 5 of  section  24-0903  of  the  environmental
 conservation  law,  as  added  by  chapter  614 of the laws of 1975, are
 amended to read as follows:
   1. [Upon completion of the freshwater wetlands map of the state, or of
 any selected section or region  thereof,  the]  THE  commissioner  shall
 [proceed  to] classify freshwater wetlands [so designated thereon] REGU-
 LATED PURSUANT TO SECTION 24-0701 OF THIS ARTICLE according    to  their
 most  appropriate  uses,  in  light  of  the values set forth in section
 24-0105 of this article and the present conditions of such wetlands. The

 S. 7508                            165                           A. 9508
 
 commissioner shall determine what uses of such wetlands are most compat-
 ible with the foregoing and shall prepare minimum land  use  regulations
 to  permit  only  such  compatible  uses.  The classifications may cover
 freshwater  wetlands in more than one governmental subdivision.  Permits
 pursuant to section 24-0701 of this article are required whether or  not
 a classification has been promulgated.
   5.  Prior to the adoption of any land use regulations governing fresh-
 water wetlands, the commissioner shall hold a public hearing thereon  in
 the area in which the affected freshwater wetlands are located, and give
 fifteen days prior notice thereof by POSTING ON THE DEPARTMENT'S WEBSITE
 OR  BY  publication  at  least once in a newspaper having general circu-
 lation in the area of the local government  involved.  The  commissioner
 shall  promulgate the regulations within thirty days of such hearing and
 POST SUCH ORDER ON THE DEPARTMENT'S WEBSITE OR publish  such  order  [at
 least once] in a newspaper having general circulation in the area of the
 local  government  affected  and  make  such  plan  available for public
 inspection and review; such order shall not  take  effect  until  thirty
 days after the filing thereof with the clerk of the county in which such
 wetland is located.
   §  8.  Subdivisions  2  and  3 of section 34-0104 of the environmental
 conservation law, as added by chapter 841  of  the  laws  of  1981,  are
 amended to read as follows:
   2.  Upon  completion  of  a  preliminary  identification of an erosion
 hazard area, the commissioner or his designated  hearing  officer  shall
 hold  a  public hearing in a place reasonably accessible to residents of
 the affected area in order to afford an opportunity for  any  person  to
 propose  changes  in  such  preliminary identification. The commissioner
 shall [give notice of such hearing to each owner of record, as shown  on
 the latest completed tax assessment rolls, of lands included within such
 area,  and  also  to the chief executive officer and clerk of each local
 government within the boundaries of which any portion of such  area  may
 be located, by certified mail at least thirty days prior to the date set
 for such hearing, and shall] insure that a copy of the preliminary iden-
 tification  is  available for public inspection at a convenient location
 [in such local government]. The commissioner shall also cause notice  of
 such  hearing  to  be published at least once, not more than thirty days
 nor fewer than ten days before the date set  for  such  hearing,  in  at
 least  one newspaper having general circulation in the area involved and
 in the environmental  notice  publication  provided  for  under  section
 3-0306 of this chapter.
   3.  After  considering  the  testimony  given at such hearings and the
 potential erosion hazard in accordance with the purposes and policies of
 this article, and after consultation with  affected  local  governments,
 the  commissioner  shall  issue  the final identification of the erosion
 hazard areas. Such final identification shall  not  be  made  less  than
 sixty  days  from the date of the public hearing required by subdivision
 two hereof. A copy of such final identification shall be  filed  in  the
 office  of  the clerk of each local government in which such area or any
 portion thereof is located. Notice [that such final  identification  has
 been made shall be given each owner of lands included within the erosion
 hazard  area,  as  such  ownership  is shown on the latest completed tax
 assessment rolls, by certified mail in any case where a notice by certi-
 fied mail was not sent pursuant to subdivision two of this section,  and
 in all other cases by first class mail. Such notice] shall also be given
 at  such  time  to  the chief executive officer of each local government

 S. 7508                            166                           A. 9508
 
 within the boundaries of which such erosion hazard area or  any  portion
 thereof is located.
   § 9. Paragraphs (a) and (b) of subdivision 8 of section 70-0117 of the
 environmental  conservation  law,  as  added by section 1 of part AAA of
 chapter 59 of the laws of 2009, are amended to read as follows:
   (a) All persons required to obtain a permit from the department pursu-
 ant to section 24-0701 of this chapter shall submit to the department an
 application fee in an amount [not to exceed the following:
   (i) fifty dollars per application for a permit for a minor project  as
 defined  in  this  article or modification to any existing permit issued
 pursuant to section 24-0701 of this chapter;
   (ii) fifty dollars per application for  a  permit  for  a  residential
 project  defined  as  associated  with  one  single  family dwelling and
 customary appurtenances thereto;
   (iii) one hundred dollars per application for multiple family dwelling
 and customary appurtenances thereto;
   (iv) two hundred dollars per application for a permit  for  any  other
 project as defined in this article] SPECIFIED IN REGULATIONS PROMULGATED
 BY THE DEPARTMENT.
   (b) All persons required to obtain a permit from the department pursu-
 ant to section 25-0402 of this chapter shall submit to the department an
 application fee in an amount [not to exceed the following:
   (i)  two  hundred  dollars  per  application  for a permit for a minor
 project as defined in this  article  or  modification  to  any  existing
 permit issued pursuant to section 25-0402 of this chapter;
   (ii)  nine  hundred dollars per application for a permit for a project
 as defined in this article] SPECIFIED IN REGULATIONS PROMULGATED BY  THE
 DEPARTMENT.
   §  10.  Paragraph (c) of subdivision 8 of section 70-0117 of the envi-
 ronmental conservation law, as added by section 1 of part AAA of chapter
 59 of the laws of 2009, is amended to read as follows:
   (c) [All fees] FEES collected pursuant to [this] PARAGRAPH (A) OF THIS
 subdivision shall be deposited [into the environmental  protection  fund
 pursuant to section ninety-two-s of the state finance law] TO THE CREDIT
 OF  THE  CONSERVATION FUND.  FEES COLLECTED PURSUANT TO PARAGRAPH (B) OF
 THIS SUBDIVISION  SHALL  BE  DEPOSITED  TO  THE  CREDIT  OF  THE  MARINE
 RESOURCES ACCOUNT OF THE CONSERVATION FUND.
   (D) APPLICATION FEES REQUIRED PURSUANT TO THIS SUBDIVISION WILL NOT BE
 REQUIRED FOR ANY STATE DEPARTMENT.
   § 11. The title heading of title 25 of article 71 of the environmental
 conservation  law,  as  added  by  chapter  182  of the laws of 1975, is
 amended to read as follows:
                 ENFORCEMENT OF ARTICLE 25 AND ARTICLE 34
 
   § 12. Section 71-2501 of the environmental conservation law, as  added
 by chapter 182 of the laws of 1975, is amended to read as follows:
 § 71-2501. Applicability of this title.
   The provisions of this title shall be applicable to the enforcement of
 article twenty-five AND ARTICLE THIRTY-FOUR.
   §  13.  Subdivisions  1  and 2 of section 71-2503 of the environmental
 conservation law, as amended by chapter 666 of the  laws  of  1989,  are
 amended to read as follows:
   1. Administrative sanctions.
   a.  Any  person  who violates, disobeys or disregards any provision of
 article twenty-five OR ARTICLE THIRTY-FOUR shall be liable to the people
 of the state for a civil penalty of not to exceed ten  thousand  dollars

 S. 7508                            167                           A. 9508
 
 for every such violation, to be assessed, after a hearing or opportunity
 to be heard, by the commissioner. Each violation shall be a separate and
 distinct  violation  and,  in  the  case of a continuing violation, each
 day's  continuance  thereof  shall  be  deemed  a  separate and distinct
 violation.  The penalty may be recovered in an  action  brought  by  the
 commissioner  in any court of competent jurisdiction. Such civil penalty
 may be released or compromised by the commissioner before the matter has
 been referred to the attorney general; and where such  matter  has  been
 referred  to  the  attorney general, any such penalty may be released or
 compromised and any action commenced to recover the same may be  settled
 and discontinued by the attorney general with the consent of the commis-
 sioner.
   b. Upon determining that significant damage to the functions and bene-
 fits  of  tidal wetlands OR COASTAL EROSION HAZARD AREAS is occurring or
 is imminent as a result of any violation of article twenty-five OR ARTI-
 CLE THIRTY-FOUR, including but not limited to (i) activity taking  place
 requiring  a permit under article twenty-five OR ARTICLE THIRTY-FOUR but
 for which no permit has been granted or (ii) failure on the  part  of  a
 permittee  to  adhere  to permit conditions, the commissioner shall have
 power to direct the violator to cease and desist from violating the act.
 In such cases the violator shall be provided an opportunity to be  heard
 within ten days of receipt of the notice to cease and desist.
   c.  Following a hearing held pursuant to section 71-1709 of this arti-
 cle, the commissioner shall have power to direct the violator  to  cease
 and  desist  from  violating  the  act and to restore the affected tidal
 wetland or area immediately adjacent thereto OR COASTAL  EROSION  HAZARD
 AREAS to its condition prior to the violation, insofar as that is possi-
 ble  within  a  reasonable time and under the supervision of the commis-
 sioner. Any order of the commissioner shall be enforceable in an  action
 brought  by the commissioner in any court of competent jurisdiction. Any
 civil penalty or order issued by the commissioner under this subdivision
 shall be reviewable in a proceeding under article seventy-eight  of  the
 civil practice law and rules.
   2.  Criminal sanctions. Any person who violates any provision of arti-
 cle twenty-five OR ARTICLE THIRTY-FOUR shall, in addition, for the first
 offense, be guilty of a violation punishable by a fine of not less  than
 five  hundred nor more than five thousand dollars; for a second and each
 subsequent offense such person shall be guilty of a misdemeanor punisha-
 ble by a fine of not less than one thousand nor more than  ten  thousand
 dollars or a term of imprisonment of not less than fifteen days nor more
 than six months or both. In addition to or instead of these punishments,
 any  offender  shall  be  punishable  by  being  ordered by the court to
 restore the affected tidal wetland or area immediately adjacent  thereto
 OR  COASTAL  EROSION HAZARD AREAS to its condition prior to the offense,
 insofar as that is possible. The court shall specify a  reasonable  time
 for the completion of the restoration, which shall be effected under the
 supervision  of  the  commissioner. Each offense shall be a separate and
 distinct offense and, in the case of a continuing  offense,  each  day's
 continuance thereof shall be deemed a separate and distinct offense.
   §  14.  Section  71-2505  of  the  environmental  conservation law, as
 amended by chapter 249 of the laws  of  1997,  is  amended  to  read  as
 follows:
 § 71-2505. Enforcement.
   The  attorney  general, on his OR HER own initiative or at the request
 of the commissioner, shall prosecute persons who violate  article  twen-
 ty-five  OR  ARTICLE THIRTY-FOUR.   In addition the attorney general, on

 S. 7508                            168                           A. 9508
 
 his OR HER own initiative or at the request of the  commissioner,  shall
 have  the right to recover a civil penalty of up to ten thousand dollars
 for every violation of any provision of such [article] ARTICLES, and  to
 seek  equitable relief to restrain any violation or threatened violation
 of such [article]  ARTICLES  and  to  require  the  restoration  of  any
 affected  tidal  wetland or area immediately adjacent thereto OR COASTAL
 EROSION HAZARD AREA to its condition prior to the violation, insofar  as
 that  is possible, within a reasonable time and under the supervision of
 the commissioner. In the case of  a  continuing  violation,  each  day's
 continuance thereof shall be deemed a separate and distinct violation.
   §  15. Section 71-2507 of the environmental conservation law, as added
 by chapter 182 of the laws of 1975, is amended to read as follows:
 § 71-2507. Pollution of tidal wetlands OR COASTAL EROSION HAZARD AREA.
   Where any tidal wetlands OR COASTAL EROSION HAZARD AREA are subject to
 pollution, the commissioner and attorney general shall take  all  appro-
 priate  action to abate the pollution. In addition, the commissioner may
 restrict or order cessation of solid waste disposal, deep well disposal,
 or liquid waste disposal where such is polluting a given area  of  tidal
 wetland  OR  COASTAL  EROSION  HAZARD  AREA.  Where pesticides, chemical
 products, or fertilizer residues are the polluting agents,  the  commis-
 sioner shall confer with other appropriate public officials to limit the
 use of such substances at their source; after appropriate consultations,
 the  commissioner may make such rules and regulations as he deems neces-
 sary under section 3-0301 of [the environmental conservation  law]  THIS
 CHAPTER.
   §  16. This act shall take effect immediately, provided, however, that
 sections one, two, three, four, five, six, seven, eight and nine of this
 act shall take effect on January 1, 2022, except that any rule or  regu-
 lation necessary for the timely implementation of this act on its effec-
 tive date shall be promulgated on or before such date.
 
                                  PART UU
 
   Section  1.  This  act enacts into law components of legislation which
 are necessary to implement legislation relating to the Bay Park  Convey-
 ance Project.  Each component is wholly contained within a Subpart iden-
 tified  as  Subparts A through C. The effective date for each particular
 provision contained within such Subpart is set forth in the last section
 of such Subpart.   Any provision  in  any  section  contained  within  a
 Subpart,  including  the  effective  date  of the Subpart, which makes a
 reference to a section "of this act", when used in connection with  that
 particular  component,  shall  be deemed to mean and refer to the corre-
 sponding section of the Subpart in which it is found. Section  three  of
 this act sets forth the general effective date of this act.
 
                                 SUBPART A
 
   Section  1.  The county of Nassau, is hereby authorized, acting by and
 through the county legislature of such county,  and  the  department  of
 environmental  conservation,  acting  by and through the commissioner of
 such department or his or her designee, for the purpose of constructing,
 operating, maintaining and repairing a sub-surface sewer main, are here-
 by authorized to establish (a) permanent easements upon  and  under  the
 parklands described in sections four, five, seven, eight, ten and eleven
 of  this  act,  and (b) temporary easements upon and under the parklands
 described in sections three, six, and nine of  this  act.  Authorization

 S. 7508                            169                           A. 9508
 
 for  the  temporary easements described in sections three, six, and nine
 of this act shall cease upon the completion of the construction of  such
 sewer  main,  at which time the department of environmental conservation
 shall  restore  the surface of the parklands disturbed and the parklands
 shall continue to be used for park purposes as they were  prior  to  the
 establishment  of such temporary easements. Authorization for the perma-
 nent easements described in sections four, five, seven, eight,  ten  and
 eleven  of  this  act shall require that the department of environmental
 conservation restore the surface of  the  parklands  disturbed  and  the
 parklands shall continue to be used for park purposes as they were prior
 to the establishment of the permanent easements.
   §  2.  The  authorization  granted in section one of this act shall be
 effective only upon the condition that the county of Nassau dedicate  an
 amount  equal  to or greater than the fair market value of the permanent
 and temporary easements being  conveyed  and  the  temporary  alienation
 pursuant  to section one of this act to the acquisition of new parklands
 and/or capital improvements to existing park  and  recreational  facili-
 ties.
   §  3.  TEMPORARY EASEMENT - Force main shaft construction area.  Park-
 land upon and under which a temporary easement may be established pursu-
 ant to subdivision (b) of section one of this act is  described  as  all
 that  certain  plot, piece or parcel of land with buildings and improve-
 ments thereon erected, situate, lying and being  located  at  Bay  Park,
 Town  of  Hempstead,  County  of Nassau and State of New York being more
 particularly bounded and described as follows: beginning at a  point  on
 the northerly line of the Nassau County Sewage Treatment Plant property,
 said  Point  of  Beginning  being  South  68°00' East, as measured along
 northerly line of said sewage treatment plant, 543 feet plus  or  minus,
 from  the intersection of the northerly line Nassau County Sewage Treat-
 ment Plant with the westerly side  of  Compton  Street;  running  thence
 South  68°00'  East,  along  the northerly line of said sewage treatment
 plant, 247 feet plus or minus; thence South 07°04' West 196 feet plus or
 minus; thence North 78°37' West 33 feet  plus  or  minus;  thence  North
 06°10'  East  105  feet  plus or minus; thence North 30°53' West 56 feet
 plus or minus; thence North 64°27' West 190 feet plus or  minus;  thence
 North  20°21'  East  49 feet plus or minus, to the northerly line of the
 Nassau County  Sewage  Treatment  Plant,  at  the  Point  of  Beginning.
 Containing  within  said  bounds  19,700  square feet plus or minus. The
 above described temporary easement is for the construction of a  thirty-
 foot  diameter  access  shaft. The location of said access shaft is more
 particularly described in section four of this act.  Said  parcel  being
 part  of property designated as Section: 42 Block: A Lots: 50, 57 on the
 Nassau County Land and Tax Map.
   § 4. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland  upon  and
 under which a permanent easement may be established pursuant to subdivi-
 sion  (a)  of  section  one of this act is described as all that certain
 plot, piece or parcel of land with buildings  and  improvements  thereon
 erected,  situate,  lying  and  being located at Bay Park, Town of Hemp-
 stead, County of Nassau and State of New York  being  more  particularly
 bounded  and  described as follows: a circular easement with a radius of
 15 feet, the center of said circle being the following three (3) courses
 from the intersection of the northerly line of the Nassau County  Sewage
 Treatment Plant with the westerly side of Compton Street: running thence
 South  68°00'  East,  along  the northerly line of said sewage treatment
 plant, 581 feet plus or minus to the centerline of the  permanent  ease-
 ment  for  a  force  main  described in section five of this act; thence

 S. 7508                            170                           A. 9508
 
 South 21°34' West, along said centerline, 17 feet plus or minus;  thence
 South  14°28' West, continuing along said centerline, 1,439 feet plus or
 minus, to the center of the herein described circular easement. Contain-
 ing  within  said  bound  707 square feet plus or minus.  Said permanent
 easement is for an access shaft that extends from  the  surface  of  the
 ground  to  an  approximate  depth  of  70  feet.  Any permanent surface
 improvements for cathodic protection, if necessary, would be flush  with
 the  ground  surface  or  integrated  into site landscaping. Said parcel
 being part of property designated as Section: 42 Block: A Lots:  50,  57
 on the Nassau County Land and Tax Map.
   §  5.  PERMANENT  SUBSURFACE  EASEMENT - Force main. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located at Bay  Park,  Town  of  Hemp-
 stead, County of Nassau and State of New York being a 20-foot wide strip
 of land more particularly bounded and described as follows: beginning at
 a  point  on  the  northerly  line of the Nassau County Sewage Treatment
 Plant property, said Point of Beginning  being  South  68°00'  East,  as
 measured  along  northerly line of said sewage treatment plant, 571 feet
 plus or minus, from the intersection of the northerly line Nassau County
 Sewage Treatment Plant with the westerly side of Compton Street; running
 thence South 68°00' East, along the northerly line of said sewage treat-
 ment plant, 20 feet plus or minus; thence South 21°34' West 17 feet plus
 or minus; thence South 14°28' West 1,463  feet  plus  or  minus;  thence
 North  75°32' West 20 feet plus or minus; thence North 14°28' East 1,464
 feet plus or minus; thence North 21°34' East 18 feet plus or  minus,  to
 the  northerly  line of the Nassau County Sewage Treatment Plant, at the
 Point of Beginning. Containing within said bounds  29,600  square  feet.
 The above described permanent easement is for the construction and oper-
 ation  of  a  six-foot diameter force main at a minimum depth of fifteen
 feet below the ground surface. Said parcel being part of property desig-
 nated as Section: 42 Block: A Lots: 50, 57 on the Nassau County Land and
 Tax Map.
   § 6. TEMPORARY EASEMENT - Force main shaft construction area.    Park-
 land upon and under which a temporary easement may be established pursu-
 ant  to  subdivision  (b) of section one of this act is described as all
 that certain plot, piece or parcel of land with buildings  and  improve-
 ments thereon erected, situate, lying and being located at the hamlet of
 Wantagh, Town of Hempstead, County of Nassau and State of New York being
 more particularly bounded and described as follows: beginning at a point
 on the northwesterly line of the herein described temporary easement for
 the  force  main  shaft construction area, said Point of Beginning being
 more particularly described as commencing at  the  intersection  of  the
 southerly  side of Sunrise Highway Street with the southeasterly side of
 Lakeview Road; running thence southerly along the southeasterly side  of
 Lakeview Road 243 feet plus or minus, to the centerline of the permanent
 subsurface  easement  for  force main described in section eight of this
 act; thence South 60°06' East, along said centerline, 25  feet  plus  or
 minus, to the northwesterly line of the temporary easement for the force
 main shaft construction area, at the Point of Beginning.  Running thence
 North  39°06'  East  111 feet plus or minus; thence South 55°47' East 70
 feet plus or minus; thence South 38°42' West 240  feet  plus  or  minus;
 thence North 54°11' West 72 feet plus or minus; thence North 39°06' East
 127  feet  plus  or minus, to the Point of Beginning.  Containing within
 said bounds 16,900 square feet plus or minus. The above described tempo-

 S. 7508                            171                           A. 9508
 
 rary easement is for the construction of a thirty-foot  diameter  access
 shaft.  The location of said access shaft is more particularly described
 in section seven of this act.  Said parcel being part of property desig-
 nated as Section: 56 Block: Y Lot: 259 on the Nassau County Land and Tax
 Map.
   §  7.  PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located at Hamlet of Wantagh, Town  of
 Hempstead, County of Nassau and State of New York being more particular-
 ly  bounded  and described as follows: a circular easement with a radius
 of 15 feet, the center of said circle being the following two (2) cours-
 es from the intersection of the southerly side of Sunrise  Highway  with
 the  southeasterly side of Lakeview Road: Southerly along the southeast-
 erly side of Lakeview Road 243 feet plus or minus, to the centerline  of
 the  permanent  subsurface easement for force main, described in section
 eight of this act; South 60°06' East, along  said  centerline,  51  feet
 plus  or minus, to the center of the herein described circular easement.
 Containing within said bounds a surface area of 707 square feet plus  or
 minus.  Said permanent easement is for an access shaft that extends from
 the surface of the ground to an approximate depth of 70 feet. Any perma-
 nent surface improvements for cathodic protection, if  necessary,  would
 be  flush  with  the ground surface or integrated into site landscaping.
 Said parcel being part of property designated as Section:  56  Block:  Y
 Lot: 259 on the Nassau County Land and Tax Map.
   §  8.  PERMANENT  SUBSURFACE  EASEMENT - Force main. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located at the Hamlet of Wantagh, Town
 of Hempstead, County of Nassau and State of New  York  being  a  20-foot
 wide  strip  of land more particularly bounded and described as follows:
 beginning at a point on the southeasterly side of  Lakeview  Road,  said
 Point  of Beginning being southwesterly 222 feet plus or minus, as meas-
 ured along the southeasterly side of Lakeview Road from the intersection
 of the southerly side of Sunrise Highway with the southeasterly side  of
 Lakeview  Road;  thence  South 60°06' East 49 feet plus or minus; thence
 South 32°15' East 1,759 feet plus or minus; thence South 16°16' West  53
 feet  plus  or minus; thence North 32°15' West 1,785 feet plus or minus;
 thence North 60°06' West 53 feet plus or  minus,  to  the  southeasterly
 side of Lakeview Road; thence North 48°13' East, along the southeasterly
 side of Lakeview Road, 42 feet plus or minus, to the Point of Beginning.
 Containing  within  said  bounds  72,900  square feet plus or minus. The
 above described permanent easement is for the construction and operation
 of a six-foot diameter force main at a minimum  depth  of  fifteen  feet
 below  the ground surface. Said parcel being part of property designated
 as Section: 56 Block: Y Lots: 259 on the Nassau County Land and Tax Map.
   § 9. TEMPORARY EASEMENT - Force main shaft construction area.    Park-
 land upon and under which a temporary easement may be established pursu-
 ant  to  subdivision  (b) of section one of this act is described as all
 that certain plot, piece or parcel of land with buildings  and  improve-
 ments thereon erected, situate, lying and being located at the hamlet of
 Wantagh, Town of Hempstead, County of Nassau and State of New York being
 more particularly bounded and described as follows: beginning at a point
 on the northerly line of the herein described temporary easement for the

 S. 7508                            172                           A. 9508
 
 force  main  shaft construction area, said Point of Beginning being more
 particularly described as commencing at the intersection of the souther-
 ly side of Byron Street with  the  easterly  side  of  Wantagh  Parkway;
 running  thence southerly along the easterly side of Wantagh Parkway 319
 feet plus or minus, to the centerline of the permanent subsurface  ease-
 ment  for  force  main,  described in section eleven of this act; thence
 South 19°15' East, along said centerline, 257 feet plus or minus, to the
 northerly line of the  temporary  easement  for  the  force  main  shaft
 construction  area,  at  the  Point  of  Beginning. Running thence North
 87°25' East 122 feet plus or minus; thence south  33°56'  East  68  feet
 plus  or  minus;  thence South 04°43' East 54 feet plus or minus; thence
 South 86°38' West 78 feet plus or minus; thence  South  02°20'  East  83
 feet  plus  or  minus;  thence South 47°04' West 103 feet plus or minus;
 thence South 86°22' West 28 feet plus or minus; thence North 08°39' West
 264 feet plus or minus; thence North 87°25' East 53 feet plus or  minus,
 to  the Point of Beginning.  Containing within said bounds 36,500 square
 feet plus or minus. The above described temporary easement  is  for  the
 construction  of  a  thirty-foot  diameter access shaft. The location of
 said access shaft is more particularly described in section ten of  this
 act. Said parcel being part of property designated as Section: 63 Block:
 261  Lots:  765G,  818A  (Part of Cedar Creek Park) on the Nassau County
 Land and Tax Map.
   § 10. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland upon  and
 under which a permanent easement may be established pursuant to subdivi-
 sion  (a)  of  section  one of this act is described as all that certain
 plot, piece or parcel of land with buildings  and  improvements  thereon
 erected,  situate, lying and being located at Hamlet of Wantagh, Town of
 Hempstead, County of Nassau and State of New York being more particular-
 ly bounded and described as follows: a circular easement with  a  radius
 of 15 feet, the center of said circle being the following two (2) cours-
 es  from the intersection of the southerly side of Byron Street with the
 easterly side of Wantagh Parkway: Southerly along the easterly  side  of
 Wantagh  Parkway 319 feet plus or minus, to the centerline of the perma-
 nent subsurface easement for force main, described in section eleven  of
 this act; thence South 19°15' East, along said centerline, 315 feet plus
 or  minus,  to  the  center  of  the herein described circular easement.
 Containing within said bounds a surface area of 707 square feet plus  or
 minus.  Said permanent easement is for an access shaft that extends from
 the surface of the ground to an approximate depth of 70 feet. Any perma-
 nent surface improvements for cathodic protection, if  necessary,  would
 be  flush  with  the ground surface or integrated into site landscaping.
 Said parcel being part of property designated as Section: 63 Block:  261
 Lots:  765G,  818A  (Part of Cedar Creek Park) on the Nassau County Land
 and Tax Map.
   § 11. PERMANENT SUBSURFACE EASEMENT - Force main.  Parkland  upon  and
 under which a permanent easement may be established pursuant to subdivi-
 sion  (a)  of  section  one of this act is described as all that certain
 plot, piece or parcel of land with buildings  and  improvements  thereon
 erected, situate, lying and being located at the Hamlet of Wantagh, Town
 of  Hempstead,  County  of  Nassau and State of New York being a 20-foot
 wide strip of land more particularly bounded and described  as  follows:
 beginning at a point on the easterly side of Wantagh Parkway, said Point
 of  Beginning  being southerly 285 feet plus or minus, as measured along
 the easterly side of Wantagh Parkway from the intersection of the south-
 erly side of Byron Street with the easterly  side  of  Wantagh  Parkway;
 running  thence  South  19°15' East 349 feet plus or minus; thence South

 S. 7508                            173                           A. 9508
 
 02°17' East 1,882 feet plus or minus; thence  South  09°25'  East  1,202
 feet  plus  or  minus;  thence  South 80°35' West 20 feet plus or minus;
 thence North 09°25' West 1,203 feet plus or minus; thence  North  02°17'
 West 1,880 feet plus or minus; thence North 19°15' West 281 feet plus or
 minus,  to  the  easterly  side  of Wantagh Parkway; thence North 02°09'
 West, along the easterly side of Wantagh Parkway, 68 feet plus or minus,
 to the Point of Beginning. Containing within said bounds  68,000  square
 feet  plus  or  minus. The above described permanent easement is for the
 construction and operation of a six-foot diameter force main at a  mini-
 mum  depth  of  fifteen feet below the ground surface. Said parcel being
 part of property designated as Section: 63 Block: 261 Lots:  765G,  818A
 (Part of Cedar Creek Park) on the Nassau County Land and Tax Map.
   §  12.  In  the  event  that the county of Nassau received any funding
 support or assistance from the  federal  government  for  the  purchase,
 maintenance, or improvement of the parklands set forth in sections three
 through  eleven  of  this act, the discontinuance and alienation of such
 parklands authorized by the provisions of this act shall not occur until
 the county of Nassau has complied with any applicable  federal  require-
 ments pertaining to the alienation or conversion of parklands, including
 satisfying  the secretary of the interior that the alienation or conver-
 sion complies with all conditions which the secretary  of  the  interior
 deems  necessary  to  assure  the  substitution  of other lands shall be
 equivalent in fair market value and usefulness to the lands being alien-
 ated or converted.
   § 13. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section 1. The village of East Rockaway, in the county of  Nassau,  is
 hereby  authorized,  acting  by  and  through  the village board of such
 village, and the department of environmental conservation, acting by and
 through the commissioner of such department or his or her designee,  for
 the  purpose  of  constructing,  operating,  maintaining and repairing a
 sub-surface sewer main, are hereby authorized to establish (a) permanent
 easements upon and under the parklands described in  sections  four  and
 five  of this act, and (b) a temporary easement upon and under the park-
 lands described in section three of  this  act.  Authorization  for  the
 temporary  easement  described  in section three of this act shall cease
 upon the completion of the construction of the sewer main, at which time
 the department of environmental conservation shall restore  the  surface
 of  the  parklands disturbed and the parklands shall continue to be used
 for park purposes as they were prior to the grant of the temporary ease-
 ment. Authorization for the permanent easements  described  in  sections
 four  and five of this act shall require that the department of environ-
 mental conservation restore the surface of the parklands  disturbed  and
 the  parklands  shall continue to be used for park purposes as they were
 prior to the establishment of the permanent easements.
   § 2. The authorization provided in section one of this  act  shall  be
 effective  only  upon  the  condition  that the village of East Rockaway
 dedicate an amount equal to or greater than the fair market value of the
 permanent and temporary  easements  being  conveyed  and  the  temporary
 alienation pursuant to section one of this act to the acquisition of new
 parklands  and/or capital improvements to existing park and recreational
 facilities within the Village of East Rockaway.
   § 3. TEMPORARY EASEMENT - Force Main Shaft Construction Area.    Park-
 land upon and under which a temporary easement may be established pursu-

 S. 7508                            174                           A. 9508
 
 ant  to  subdivision  (b)  of  section  one  of this act is described as
 follows: all that certain plot, piece or parcel of land  with  buildings
 and  improvements  thereon  erected, situate, lying and being located at
 Incorporated Village of East Rockaway, and the Hamlet of Oceanside, Town
 of  Hempstead, County of Nassau and State of New York being more partic-
 ularly bounded and described as follows:  beginning at a  point  on  the
 westerly  line  of the herein described temporary easement for the force
 main shaft construction area, said Point of Beginning being more partic-
 ularly described as commencing at the intersection of the  northeasterly
 side  of  Long  Island  Railroad  right-of-way with the easterly side of
 Ocean Avenue; running thence North 12°34' East, along the easterly  side
 of Ocean Avenue, 92 feet plus or minus, to the northerly line of proper-
 ty  designated  as  Section 38 Block E Lot 14, on the Nassau County Land
 and Tax Map; thence South 74°46' East, partly along said northerly line,
 206 feet plus or minus, to the westerly line of the temporary  easement,
 at the Point of Beginning. Running thence North 15°34' East 49 feet plus
 or  minus; thence South 67°33' East 238 feet plus or minus; thence South
 07°07' West 31 feet plus or minus; thence South  86°06'  West  161  feet
 plus  or  minus; thence South 64°59' West 117 feet plus or minus; thence
 North 15°34' East 140 feet plus or minus, to  the  Point  of  Beginning.
 Containing  within  said  bounds  23,000  square feet plus or minus. The
 above described temporary easement is for the construction of a  thirty-
 foot  diameter  access  shaft. The location of said access shaft is more
 particularly described in section four of this act.  Said  parcel  being
 part of property designated as Section: 38, Block: E, Lots: 12, 14, 21A,
 21B on the Nassau County Land and Tax Map.
   §  4.  PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located  at  Incorporated  Village  of
 East Rockaway, and the Hamlet of Oceanside, Town of Hempstead, County of
 Nassau  and  State  of  New  York  being  more  particularly bounded and
 described as follows: a circular easement with a radius of 15 feet,  the
 center  of  said  circle  being the following three (3) courses from the
 intersection of the northeasterly side of Long Island Railroad right-of-
 way with the easterly side of Ocean Avenue; North 12°34' East, along the
 easterly side of Ocean Avenue, 92 feet plus or minus, to  the  northerly
 line  of  property designated as Section 38 Block E Lot 14 on the Nassau
 County Land and Tax Map; South 74°46' East, partly along the said north-
 erly line, 333 feet plus or minus, to the centerline of  the  subsurface
 easement  for  force  main described in section five of this act; thence
 South 19°04' West, along said centerline, 16 feet plus or minus, to  the
 center of the herein described circular easement. Containing within said
 bounds  a  surface area of 707 square feet plus or minus. Said permanent
 easement is for an access shaft that extends from  the  surface  of  the
 ground  to  an  approximate  depth  of  70  feet.  Any permanent surface
 improvements for cathodic protection, if necessary, would be flush  with
 the  ground  surface  or  integrated  into site landscaping. Said parcel
 being part of property designated as Section: 38, Block:  E,  Lots:  12,
 14, 21A, 21B on the Nassau County Land and Tax Map.
   §  5.  PERMANENT  SUBSURFACE  EASEMENT - Force Main. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located  at  Incorporated  Village  of

 S. 7508                            175                           A. 9508
 
 East  Rockaway,  and the Hamlet of Oceanside, County of Nassau and State
 of New York being a 20-foot wide strip of land more particularly bounded
 and described as follows: beginning at a point on the westerly  line  of
 the herein described permanent subsurface easement, said Point of Begin-
 ning being more particularly described as commencing at the intersection
 of  the northeasterly side of Long Island Railroad right-of-way with the
 easterly side of Ocean Avenue; running thence North 12°34'  East,  along
 the  easterly side of Ocean Avenue, 92 feet plus or minus, to the north-
 erly line of property designated as Section 38 Block E  Lot  14  on  the
 Nassau  County  Land and Tax Map; thence South 74°46' East, partly along
 the said northerly line, 323 feet plus or minus, to the westerly line of
 the permanent easement, at the Point of Beginning.  Running thence North
 19°04' East 73 feet plus or minus, to the  northerly  line  of  property
 designated  as  Section 38 Block E Lot 21A on the Nassau County Land and
 Tax Map; thence South 60°10' East, along said northerly  line,  20  feet
 plus  or  minus;  thence South 19°04' West 82 feet plus or minus; thence
 South 15°40' East 116 feet plus or minus, to the south line of  property
 designated  as  Section 38 Block E Lot 21A on the Nassau County Land and
 Tax Map; thence North 88°09' West 21 feet plus or  minus;  thence  North
 15°40'  West  116  feet  plus or minus; thence North 19°04' East 19 feet
 plus or minus, to the Point of Beginning. Containing within said  bounds
 4,100  square feet plus or minus. The above described permanent easement
 is for the construction and operation of a six-foot diameter force  main
 at a minimum depth of fifteen feet below the ground surface. Said parcel
 being  part  of  property designated as Section: 38, Block: E, Lots: 12,
 14, 21A, 21B on the Nassau County Land and Tax Map.
   § 6. In the event that the village of East Rockaway received any fund-
 ing support or assistance from the federal government for the  purchase,
 maintenance, or improvement of the parklands set forth in sections three
 through  five  of  this  act,  the discontinuance and alienation of such
 parklands authorized by the provisions of this act shall not occur until
 the village of East Rockaway has complied with  any  applicable  federal
 requirements  pertaining  to  the alienation or conversion of parklands,
 including satisfying the secretary of the interior that  the  alienation
 or  conversion  complies  with all conditions which the secretary of the
 interior deems necessary to assure the substitution of other lands shall
 be equivalent in fair market value and usefulness  to  the  lands  being
 alienated or converted.
   § 7. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section  1.  The village of Rockville Centre, in the county of Nassau,
 acting by and through the board of trustees of  such  village,  and  the
 department  of  environmental  conservation,  acting  by and through the
 commissioner of such department or his or her designee, for the  purpose
 of  constructing,  operating,  maintaining  and  repairing a sub-surface
 sewer main, are hereby authorized to establish (a)  permanent  easements
 upon  and  under the parklands described in sections three, four and six
 of this act, and (b) temporary easements upon and  under  the  parklands
 described in sections five and seven of this act.  Authorization for the
 temporary  easements  described  in  sections five and seven of this act
 shall cease upon the completion of the construction of the  sewer  main,
 at which time the department of environmental conservation shall restore
 the  surface of the parklands disturbed and the parklands shall continue
 to be used for park purposes as they were prior  to  the  grant  of  the

 S. 7508                            176                           A. 9508
 
 temporary easements. Authorization for the permanent easements described
 in  sections  three,  four  and  six  of this act shall require that the
 department of environmental conservation  restore  the  surface  of  the
 parklands disturbed and the parklands shall continue to be used for park
 purposes  as they were prior to the establishment of the permanent ease-
 ments.
   § 2. The authorization provided in section one of this  act  shall  be
 effective  only  upon the condition that the village of Rockville Centre
 dedicate an amount equal to or greater than the fair market value of the
 permanent and temporary  easements  being  conveyed  and  the  temporary
 alienation pursuant to section one of this act to the acquisition of new
 parklands  and/or capital improvements to existing park and recreational
 facilities within the village of Rockville Centre.
   § 3. PERMANENT SUBSURFACE EASEMENT - Force  Main.  Parkland  upon  and
 under which a permanent easement may be established pursuant to subdivi-
 sion  (a)  of  section  one of this act is described as all that certain
 plot, piece or parcel of land with buildings  and  improvements  thereon
 erected,  situate,  lying  and  being located at Incorporated Village of
 East Rockaway, and the Incorporated Village of Rockville Centre, Town of
 Hempstead, County of Nassau and State of New York, being a 20-foot  wide
 strip  of  land  more particularly bounded and described as follows: the
 Point of Beginning being at the intersection of the  northerly  side  of
 Mill  River  Avenue  with  the  easterly side of Riverside Road; running
 thence northerly along the easterly side of Riverside Road 346 feet plus
 or minus; thence South 13°01' West 346 feet plus or minus, to the north-
 erly side of Mill River Avenue; thence westerly along the northerly side
 of Mill River Avenue, 17 feet plus or minus, to  the  easterly  side  of
 Riverside Road, at the Point of Beginning. Containing within said bounds
 3,100  square feet plus or minus. The above described permanent easement
 is for the construction and operation of a six-foot diameter force  main
 at a minimum depth of fifteen feet below the ground surface. Said parcel
 being part of property designated as Section: 38 Block: 136 Lots: 231 on
 the Nassau County Land and Tax Map.
   §  4.  PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located  at  Incorporated  Village  of
 Rockville  Centre,  Incorporated  Village of East Rockaway, and Incorpo-
 rated Village of Lynbrook, Town of Hempstead, County of Nassau and State
 of New York being more particularly bounded and described as a  circular
 easement  with  a radius of 15 feet, the center of said circle being the
 following two (2) courses from the intersection of the northerly side of
 Park Avenue with the easterly side of Oxford Road:  Easterly  along  the
 northerly side of Park Avenue, 203 feet plus or minus, to the centerline
 of the permanent subsurface easement for force main described in section
 six of this act; North 13°01' East, along said centerline, 953 feet plus
 or  minus,  to  the  center  of  the herein described circular easement.
 Containing within said bounds a surface area of 707 square feet plus  or
 minus.  Said permanent easement is for an access shaft that extends from
 the surface of the ground to an approximate depth of 70 feet. Any perma-
 nent surface improvements for cathodic protection, if  necessary,  would
 be  flush  with  the ground surface or integrated into site landscaping.
 Said parcel being part of property designated as Section:  38  Block:  F
 Lots:  39-42, 50C, 50F and Section: 38, Block: T, Lots: 50A, 50B, 50C on
 the Nassau County Land and Tax Map.

 S. 7508                            177                           A. 9508
 
   § 5. TEMPORARY EASEMENT - Force Main Shaft Construction Area.    Park-
 land upon and under which a temporary easement may be established pursu-
 ant  to  subdivision  (b) of section one of this act is described as all
 that certain plot, piece or parcel of land with buildings  and  improve-
 ments  thereon erected, situate, lying and being located at Incorporated
 Village of Rockville Centre, Incorporated Village of East Rockaway,  and
 Incorporated  Village  of  Lynbrook, Town of Hempstead, County of Nassau
 and State of New York being more particularly bounded and  described  as
 follows:  Beginning  at  a  point  on  the  southerly side of the herein
 described temporary easement for the force main shaft construction area,
 said Point of Beginning being more particularly described as  commencing
 at  the intersection of the northerly side of Park Avenue with the east-
 erly side of Oxford Road; running thence easterly  along  the  northerly
 side  of  Park  Avenue, 203 feet plus or minus, to the centerline of the
 permanent subsurface easement for force main described in section six of
 this act; thence North 13°01' East, along said centerline, 920 feet plus
 or minus, to the southerly line of the temporary easement, at the  Point
 of  Beginning.  Running thence North 76°19' West 136 feet plus or minus,
 to the easterly terminus  of  Merton  Avenue  (unopened);  thence  North
 76°19' West, through the unopened part of Merton Avenue, 48 feet plus or
 minus;  thence North 14°49' East 5' feet plus or minus, to the northerly
 side of Merton Avenue; thence North 14°49' East 27' feet plus or  minus;
 thence South 76°29' East 66 feet plus or minus; thence North 36°47' East
 61  feet plus or minus; thence North 78°41' East 145 feet plus or minus;
 thence South 65°54' East 46 feet plus or minus; thence South 29°39' West
 147 feet plus or minus; thence North 76°19' West 42 feet plus or  minus,
 to  the  Point of Beginning. Containing within said bounds 22,800 square
 feet plus or minus. The above described temporary easement  is  for  the
 construction  of  a  thirty-foot  diameter access shaft. The location of
 said access shaft is more particularly described in section four of this
 act. Said parcel being part of property designated as Section: 38 Block:
 F Lots: 39-42, 50C, 50F and Section: 38, Block: T, Lots: 50A,  50B,  50C
 on the Nassau County Land and Tax Map.
   §  6.  PERMANENT  SUBSURFACE  EASEMENT - Force Main. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located  at  Incorporated  Village  of
 Rockville  Centre,  Incorporated  Village of East Rockaway, and Incorpo-
 rated Village of Lynbrook, Town of Hempstead, County of Nassau and State
 of New York being a 20-foot wide strip of land more particularly bounded
 and described as follows:  beginning at a point on the northerly side of
 Park Avenue, said Point of Beginning 193 feet plus or minus easterly, as
 measured along the northerly side of Park Avenue from  the  intersection
 of  the  northerly  side of Park Avenue with the easterly side of Oxford
 Road; running thence North 13°01' East 956 feet plus  or  minus;  thence
 North  44°00'  East 446 feet plus or minus, to the northeasterly line of
 property designated as Section 38 Block F Lot 50F, on the Nassau  County
 Land  and  Tax  Map;  thence South 53°10' East, along said northeasterly
 line, 20 feet plus or minus; thence South 44°00' West 443 feet  plus  or
 minus; thence South 13°01' West 950 feet plus or minus, to the northerly
 side  of  Park  Avenue;  thence  North 79°36' West, along said northerly
 side, 20 feet plus or minus to the Point of Beginning; containing within
 said bounds 28,000 square feet plus or minus. The above described perma-
 nent easement is for the construction and operation of a six-foot  diam-
 eter  force  main  at  a  minimum depth of fifteen feet below the ground

 S. 7508                            178                           A. 9508
 
 surface. Said parcel being part of property designated  as  Section:  38
 Block:  F  Lots:   39-42, 50C, 50F and Section: 38, Block: T, Lots: 50A,
 50B, 50C on the Nassau County Land and Tax Map.
   §  7.  TEMPORARY EASEMENT - Force Main Shaft Construction Area.  Park-
 land upon and under which a temporary easement may be established pursu-
 ant to subdivision (b) of section one of this act is  described  as  all
 that  certain  plot, piece or parcel of land with buildings and improve-
 ments thereon erected, situate, lying and being located at  Incorporated
 Village  of  Rockville  Centre,  Town of Hempstead, County of Nassau and
 State of New York being  more  particularly  bounded  and  described  as
 follows:  beginning  at a point on the northerly side of Sunrise Highway
 (New York State Route 27A), said Point of Beginning  being  distant  254
 feet  plus  or  minus  westerly  as measured along the northerly side of
 Sunrise Highway from the intersection of the northerly side  of  Sunrise
 Highway  with  the  westerly side of Forest Avenue; running thence North
 86°15' West, along the northerly side of Sunrise Highway, 175 feet  plus
 or  minus; thence South 68°26' West, continuing along the northerly side
 of Sunrise Highway, 111 feet plus or minus; thence North 14°47' West 162
 feet plus or minus, to the southerly side of the Long Island  Rail  Road
 right-of-way;  thence South 86°59' East, along the southerly side of the
 Long Island Rail Road, 479 feet plus or minus; thence South 01°59'  West
 75  feet  plus  or  minus, to the northerly side of the travelled way of
 Sunrise Highway, then 160 feet plus or minus along the arc or a circular
 curve to the left that has a radius of 850 feet and a chord  that  bears
 South  80°03'  West  160  feet  plus or minus to the Point of Beginning.
 Containing within said bounds 50,300 square  feet  plus  or  minus.  The
 above  described temporary easement is necessary for the construction of
 temporary access to the aqueduct below Sunrise Highway area. Said parcel
 being part of property designated as Section: 38 Block: 291 Lot:  17  on
 the Nassau County Land and Tax Map.
   §  8.  In  the event that the village of Rockville Centre received any
 funding support or  assistance  from  the  federal  government  for  the
 purchase,  maintenance,  or  improvement  of  the parklands set forth in
 sections three through seven of this act, the discontinuance and  alien-
 ation  of  such parklands authorized by the provisions of this act shall
 not occur until the village of Rockville Centre has  complied  with  any
 applicable  federal requirements pertaining to the alienation or conver-
 sion of parklands, including satisfying the secretary  of  the  interior
 that the alienation or conversion complies with all conditions which the
 secretary  of the interior deems necessary to assure the substitution of
 other lands shall be equivalent in fair market value and  usefulness  to
 the lands being alienated or converted.
   § 9. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section, subpart or part of this act shall be adjudged by a 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,
 subpart or part thereof directly involved in the  controversy  in  which
 such  judgment shall have been rendered. It is hereby declared to be the
 intent of the legislature that this act would have been enacted even  if
 such invalid provisions had not been included herein.
   §  3.  This act shall take effect immediately, provided, however, that
 the applicable effective date of Subparts A through C of this act  shall
 be as specifically set forth in the last section of such Subparts.

 S. 7508                            179                           A. 9508
 
                                  PART VV
 
   Section  1.  Subdivision  13  of  section 23-0101 of the environmental
 conservation law, as amended by chapter 846 of  the  laws  of  1981,  is
 amended  and  four new subdivisions 21, 22, 23, and 24 are added to read
 as follows:
   13. "Plug and abandon" means the plugging, AND  replugging  if  neces-
 sary,  and  abandonment  of a WELL OR well bore including the placing of
 all bridges, plugs, and fluids therein and the restoration and  reclama-
 tion  of  the  surface  OF  AFFECTED LAND in the immediate vicinity to a
 reasonable condition consistent with the adjacent  terrain  UNLESS  SUCH
 RESTORATION  AND  RECLAMATION  OF THE SURFACE IS WAIVED BY THE LANDOWNER
 AND APPROVED BY THE DEPARTMENT.
   21. "ABANDONED" MEANS WELLS OR AFFECTED  LAND  REGULATED  PURSUANT  TO
 TITLES 1, 3, 5, 7, 11, 13 AND 19 OF THIS ARTICLE FOR WHICH THE RESPONSI-
 BLE  OWNER  OR OPERATOR NEGLECTS OR REFUSES TO COMPLY WITH ITS STATUTORY
 OR REGULATORY OBLIGATIONS AND RESPONSIBILITIES RELATED TO SUCH WELLS  OR
 AFFECTED LAND, AFTER NOTICE AND AS DETERMINED BY THE DEPARTMENT.
   22.  "AFFECTED  LAND" MEANS LAND OR LANDS IN THE IMMEDIATE VICINITY OF
 WELLS, INCLUDING WELL PADS AND  ACCESS  ROADS,  THAT  ARE  DISTURBED  OR
 IMPACTED,  OR POTENTIALLY DISTURBED OR IMPACTED, BY ACTIVITIES REGULATED
 PURSUANT TO TITLES 1, 3, 5, 7, 11, 13 AND 19 OF THIS ARTICLE.
   23. "ORPHANED" MEANS WELLS OR  AFFECTED  LAND  REGULATED  PURSUANT  TO
 TITLES 1, 3, 5, 7, 9, 11, 13 AND 19 OF THIS ARTICLE FOR WHICH NO RESPON-
 SIBLE OWNER OR OPERATOR EXISTS OR CAN BE REASONABLY FOUND, AS DETERMINED
 BY THE DEPARTMENT.
   24. "WELL" AND "WELL BORE" MEANS AN EXISTING OR PROPOSED HOLE, DRILLED
 OR  CONSTRUCTED,  THAT  IS  CASED,  UNCASED  OR BOTH, FOR THE PURPOSE OF
 PRODUCING OIL OR GAS OR BOTH, OR FOR THE PURPOSE OF A STORAGE,  SOLUTION
 MINING, INJECTION, MONITORING, STRATIGRAPHIC, BRINE DISPOSAL OR GEOTHER-
 MAL  WELL  REGULATED  PURSUANT TO TITLES 1, 3, 5, 7, 9, 11, 13 AND 19 OF
 THIS ARTICLE.
   § 2. Subdivision 8 of section 23-0305 of the  environmental  conserva-
 tion  law,  as  added by chapter 846 of the laws of 1981, paragraph e as
 amended by chapter 386 of the laws of 2005, paragraph f  as  amended  by
 chapter 721 of the laws of 1989, and paragraph k as added by chapter 891
 of the laws of 1984, is amended to read as follows:
   8.  With  respect  to  oil pools or fields [and], natural gas pools or
 fields, UNDERGROUND GAS STORAGE RESERVOIRS, AND WELLS AND THEIR AFFECTED
 LAND REGULATED PURSUANT TO TITLES ONE, THREE, FIVE, SEVEN, NINE, ELEVEN,
 THIRTEEN, AND NINETEEN OF THIS ARTICLE, the department shall have  power
 to:
   a.  Make  such  investigations as it deems proper to determine whether
 waste exists or is imminent.
   b. Require identification of ownership  of  producing  leases,  tanks,
 plants, structures and facilities for the transportation and refining of
 oil and gas.
   c.  Classify  and  reclassify  WELLS  OR AFFECTED LAND AS ABANDONED OR
 ORPHANED, pools as oil  or  gas  pools,  or  wells  as  oil  [or],  gas,
 INJECTION,  MONITORING,  OR UNDERGROUND STORAGE wells, AND REQUIRE IDEN-
 TIFICATION OF WELLS AS AN OIL, GAS,  INJECTION,  MONITORING,  OR  UNDER-
 GROUND  STORAGE  WELL,  including  the  delineation  of  boundaries  for
 purposes material to the interpretation or administration of this  arti-
 cle.
   d. Require the drilling, casing, operation, plugging and replugging of
 wells  and  reclamation of surrounding land in accordance with rules and

 S. 7508                            180                           A. 9508
 
 regulations of the department in such manner as to prevent or remedy the
 following, including but not limited to: the escape of oil,  gas,  brine
 or  water  out  of one stratum into another; the intrusion of water into
 oil  or  gas  strata other than during enhanced recovery operations; the
 pollution of fresh water supplies by  oil,  gas,  salt  water  or  other
 contaminants; and blowouts, cavings, seepages and fires.
   e.  Enter,  take  temporary  possession of, REPAIR, plug or replug any
 abandoned OR ORPHANED well as provided in  the  rules  and  regulations,
 whenever  any  owner or operator neglects or refuses to comply with such
 rules and regulations.  Such REPAIRING, plugging or  replugging  by  the
 department  shall  be at the expense of the owner or operator whose duty
 it may be to REPAIR OR plug the well and who  shall  hold  harmless  the
 state of New York for all accounts, damages, costs and judgments arising
 from  the  REPAIRING, plugging or replugging of the well and the surface
 restoration of the affected land. Primary liability for the  expense  of
 such REPAIRING, plugging or replugging and first recourse for the recov-
 ery  thereof  shall  be  to  the  operator  unless  a  contract  for the
 production, development, exploration or other working of  the  well,  to
 which  the lessor or other grantor of the oil and gas rights is a party,
 shall place such liability on the owner  or  on  the  owner  of  another
 interest  in  the  land  on which the well is situated. When an operator
 violates any provision of this article, any rule or  regulation  promul-
 gated  thereunder,  or any order issued pursuant thereto in reference to
 REPAIRING, plugging or replugging an abandoned  OR  ORPHANED  well,  the
 operator  may  not  transfer  the  operator's responsibility therefor by
 surrendering the lease. Prior to the commencement  of  drilling  of  any
 well,  the  operator shall be required to furnish to the department, and
 continuously maintain, a bond acceptable  to  it  conditioned  upon  the
 performance of said operator's plugging responsibilities with respect to
 said  well.   Upon the approval of the department, in lieu of such bond,
 the operator may deposit cash or negotiable bonds of the  United  States
 Government  of  like  amount  in  an escrow account conditioned upon the
 performance of said operator's plugging responsibilities with respect to
 said well. Any interest accruing  as  a  result  of  the  aforementioned
 escrow  deposit  shall  be  the  exclusive property of the operator. The
 aforementioned bonding requirements shall remain the obligation  of  the
 original operator regardless of changes in operators unless a subsequent
 operator  has  furnished  the  appropriate  bond or substitute as herein
 provided acceptable to the department and approval for the  transfer  of
 the  well  OPERATORSHIP, WHICH INCLUDES plugging AND SURFACE RESTORATION
 responsibilities, to the subsequent operator has  been  granted  by  the
 department.  The  failure  of  any  operator to maintain a bond or other
 financial security as prescribed herein shall  be  deemed  a  breach  of
 plugging  AND  SURFACE  RESTORATION  responsibilities  and  entitle  the
 department to claim the proceeds of the bond or other financial  securi-
 ty.  The  cost of REPAIRING, plugging or replugging any well, where such
 action is necessary or incident to the  commencing  or  carrying  on  of
 storage operations pursuant to section 23-1103 or 23-1301 shall be borne
 by the operator of the storage facility.
   f. Require that every person who produces, sells, purchases, acquires,
 stores  or injects oil or gas and associated fluids and every person who
 transports oil or gas in this state shall keep and maintain complete and
 accurate records of the quantities  thereof.  Quantities  of  associated
 fluids  injected  or produced may be reported as estimated volumes. True
 copies or duplicates shall be kept or  made  available  for  examination
 within  this  state  by  the  department or its agents at all reasonable

 S. 7508                            181                           A. 9508
 
 times and every such person shall file with the department such  reports
 concerning production, sales, purchases, acquisitions, injection, trans-
 portation or storage on a form provided by the department or approved by
 the department prior to submittal.
   g.  In addition to the powers provided for in titles 1, 3, 5 and 13 of
 article 71, order an immediate  suspension  of  drilling  or  production
 operations whenever such operations are being carried on in violation of
 this  article  or any rule or regulation promulgated thereunder or order
 issued pursuant thereto. Any order issued pursuant to this paragraph may
 be reviewed upon application of an aggrieved party by means of an  order
 to  show cause which order shall be issued by any justice of the supreme
 court in the judicial district in which any order applies and  shall  be
 returnable  on  the third succeeding business day following the issuance
 of such order. Service of such show cause order shall be made  upon  the
 regional  office  of  the  department for the region in which such order
 applies, and upon the attorney general by delivery of such order  to  an
 assistant  attorney  general at an office of the attorney general in the
 county in which venue of the proceeding is designated, or if there is no
 office of the attorney general within such county, at the office of  the
 attorney  general  nearest such county. Except as hereinabove specified,
 the proceeding to review an order under this paragraph shall be governed
 by article seventy-eight of the civil practice law and rules.
   h. Require the immediate reporting of any non-routine incident includ-
 ing but not limited to casing and drill  pipe  failures,  casing  cement
 failures,  fishing  jobs,  fires, seepages, blowouts and other incidents
 during drilling, completion, producing,  plugging  or  replugging  oper-
 ations  that  may  affect the health, safety, welfare or property of any
 person. The department may require the operator, or any  agent  thereof,
 to  record  any  data which the department believes may be of subsequent
 use for adequate evaluation of a non-routine incident.
   i. Require the taking and making of well logs,  well  samples,  direc-
 tional  surveys  and  reports on well locations and elevations, drilling
 and production,  and  further  require  their  filing  pursuant  to  the
 provisions of this article. Upon the request of the state geologist, the
 department  shall  cause such duplicate samples or copies of records and
 reports as may be required pursuant to this article to be  furnished  to
 him.
   j.  Give notice to persons engaged in underground mining operations of
 the commencement of any phase of oil or gas well  operations  which  may
 affect the safety of such underground mining operations or of the mining
 properties  involved. Rules and regulations promulgated under this arti-
 cle shall specify the distance from underground mining operations within
 which such notice shall be given and shall contain such other provisions
 as in the judgment of the department shall be necessary in the  interest
 of  safety.  The  department shall not be required to furnish any notice
 required by this paragraph unless  the  person  or  persons  engaged  in
 underground mining operations or having rights in mining properties have
 notified  the  department  of  the existence and location of such under-
 ground mining operations or properties.
   k. (1) Except as to production of gas from lands under the  waters  of
 Lake  Erie,  in  order  to  satisfy  the financial security requirements
 contained in paragraph e of this subdivision for wells  [less  than  six
 thousand  feet  in  depth] for which the department [either] ON OR AFTER
 OCTOBER FIRST, NINETEEN HUNDRED SIXTY-THREE shall have issued  or  shall
 issue  permits  to drill, DEEPEN, CONVERT OR PLUG BACK such wells or, on
 or after June fifth, nineteen hundred seventy-three, shall  have  issued

 S. 7508                            182                           A. 9508
 
 acknowledgements of notices of intention to drill such wells OR, FOR ALL
 WELLS  SUBJECT  TO  THIS ARTICLE FOR WHICH REQUESTS FOR TRANSFER OF WELL
 OPERATORSHIP, WHICH INCLUDES PLUGGING AND SURFACE RESTORATION  RESPONSI-
 BILITIES,  ARE APPROVED BY THE DEPARTMENT ON OR AFTER THE EFFECTIVE DATE
 OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND  TWENTY  THAT  AMENDED  THIS
 PARAGRAPH, without any way affecting any obligations to plug such wells,
 the operator shall provide a bond or other financial security acceptable
 to the department [in the following amount:
   (i) for wells less than two thousand five hundred feet in depth:
   (a)  twenty-five  hundred dollars per well, provided that the operator
 shall not be required to provide  financial  security  under  this  item
 exceeding twenty-five thousand dollars for up to twenty-five wells;
   (b)  for twenty-six to fifty wells, twenty-five thousand dollars, plus
 twenty-five hundred dollars per well in  excess  of  twenty-five  wells,
 provided  that  the  operator shall not be required to provide financial
 security under this item exceeding forty thousand dollars;
   (c) for fifty-one to one hundred wells, forty thousand  dollars,  plus
 twenty-five  hundred dollars per well in excess of fifty wells, provided
 that the operator shall not be required to  provide  financial  security
 under this item exceeding seventy thousand dollars;
   (d)  for  over one hundred wells, seventy thousand dollars, plus twen-
 ty-five hundred dollars  per  well  in  excess  of  one  hundred  wells,
 provided  that  the  operator shall not be required to provide financial
 security under this item exceeding one hundred thousand dollars.
   (ii) for wells between two thousand five hundred feet and six thousand
 feet in depth:
   (a) five thousand dollars per well, provided that the  operator  shall
 not  be required to provide financial security under this item exceeding
 forty thousand dollars for up to twenty-five wells;
   (b) for twenty-six to fifty wells, forty thousand dollars,  plus  five
 thousand  dollars per well in excess of twenty-five wells, provided that
 the operator shall not be required to provide financial  security  under
 this item exceeding sixty thousand dollars;
   (c)  for  fifty-one to one hundred wells, sixty thousand dollars, plus
 five thousand dollars per well in excess of fifty wells,  provided  that
 the  operator  shall not be required to provide financial security under
 this item exceeding one hundred thousand dollars;
   (d) for over one hundred wells, one  hundred  thousand  dollars,  plus
 five  thousand dollars per well in excess of one hundred wells, provided
 that the operator shall not be required to  provide  financial  security
 under this item exceeding one hundred fifty thousand dollars].
   (2)  [In  the  event  that  an  operator shall have wells described in
 clauses (i) and (ii) of subparagraph (1) of this paragraph, in  lieu  of
 providing  financial  security under the provisions of each such clause,
 such operator may file financial security as  if  all  such  wells  were
 between two thousand five hundred feet and six thousand feet in depth.
   (3)]  For  ALL  wells  [greater  than six thousand feet in depth] THAT
 REQUIRE FINANCIAL SECURITY, the operator  [may  be  required  to]  SHALL
 provide  [additional]  THE DEPARTMENT WITH financial security consistent
 with criteria contained in rules and regulations [to  be  adopted],  AND
 ANY SUBSEQUENT RULES AND REGULATIONS ADOPTED BY THE DEPARTMENT to imple-
 ment  this [subparagraph] ARTICLE. THE DEPARTMENT IS AUTHORIZED TO ADOPT
 RULES AND REGULATIONS DETERMINING  THE  AMOUNT,  TYPE,  CONDITIONS,  AND
 TERMS OF THE FINANCIAL SECURITY.
   §  3.  Subdivision 9 of section 23-0305 of the environmental conserva-
 tion law, as amended by chapter 846 of the laws of 1981, paragraph d  as

 S. 7508                            183                           A. 9508
 
 amended  by  chapter  721 of the laws of 1989, paragraph e as amended by
 chapter 386 of the laws of 2005, and paragraph f as added by chapter 891
 of the laws of 1984, is amended to read as follows:
   9. With respect to solution mining areas the department shall have the
 power to:
   a.  Require  identification  of  ownership  of  producing  leases  and
 solution mining equipment such as structures, tanks,  gathering  systems
 and facilities for the transportation of salt brine.
   A-1.  CLASSIFY  AND  RECLASSIFY WELLS OR AFFECTED LAND AS ABANDONED OR
 ORPHANED, OR WELLS OR UNRESTORED LANDS REGULATED PURSUANT TO  TITLES  1,
 3, 5, 7, 9, 11, 13, AND 19 OF THIS ARTICLE, AND REQUIRE WELL IDENTIFICA-
 TION AS A SOLUTION MINING WELL OR MONITORING WELL.
   b.  Require  the  drilling, casing, operation and plugging of wells in
 accordance with rules and regulations of the department in such a manner
 as to prevent the loss or escape of oil or gas reserves to  the  surface
 or  to other strata; the intrusion of brine or water into commercial oil
 or gas reserves; the pollution of fresh water supplies by  oil,  gas  or
 salt  water,  and  to facilitate the efficient use of ground and surface
 waters in solution mining.
   c. Give notice to persons engaging in underground mining operations of
 the commencing of any phase of solution mining well operations which may
 affect the safety of such underground mining operations or of the mining
 properties involved. Rules and regulations  of  the  department  adopted
 pursuant  hereto shall specify the distance from such underground mining
 operations within which such notice shall be  given  and  shall  contain
 such  other  provisions  as  in  the judgment of the department shall be
 necessary in the  interest  of  safety.  The  department  shall  not  be
 required  to  furnish  any  notice  pursuant hereto unless the person or
 persons engaged in underground mining operations  or  having  rights  in
 mining  properties  have  notified  the  department of the existence and
 location of such underground mining operations or properties.
   d. Require metering or other measuring of brine produced  by  solution
 mining,  and the maintenance of the records from each cavity or group of
 interconnected cavities until the wells in a cavity  have  been  plugged
 and [abandoned] AFFECTED LAND RESTORED.  These records shall be given to
 the department on request.
   e.  Enter,  take  temporary  possession of, REPAIR, plug or replug any
 abandoned OR ORPHANED well as provided in  the  rules  and  regulations,
 whenever  any operator neglects or refuses to comply with such rules and
 regulations. Such REPAIRING, plugging or replugging  by  the  department
 shall  be at the expense of the owner or operator whose duty it shall be
 to REPAIR OR plug the well and who shall hold harmless the state of  New
 York  for  all  accounts,  damages,  costs and judgments arising for the
 REPAIRING, plugging or replugging of the well and the  surface  restora-
 tion  of  the  affected  land. Primary liability for the expense of such
 plugging or replugging and first recourse for the recovery thereof shall
 be to the operator unless a contract for  the  production,  development,
 exploration  or  other working of the well, to which the lessor or other
 grantor of the solution salt rights is a party, shall place such liabil-
 ity on the owner or on the owner of another  interest  in  the  land  on
 which  the  well is situated. When an operator violates any provision of
 this article, any rule or  regulation  promulgated  thereunder,  or  any
 order  issued  pursuant  thereto  in reference to REPAIRING, plugging or
 replugging an abandoned OR ORPHANED well, the operator may not  transfer
 the  operator's responsibility therefor by surrendering the lease. Prior
 to the commencement of drilling of any well to  which  this  subdivision

 S. 7508                            184                           A. 9508
 
 applies,  the  operator  shall be required to furnish to the department,
 and continuously maintain, a bond acceptable to it conditioned upon  the
 performance  of said operator's plugging AND SURFACE RESTORATION respon-
 sibilities  with  respect to said well. Upon the approval of the depart-
 ment, in lieu of such bond, the operator may deposit cash or  negotiable
 bonds  of  the  United  States  Government  of  like amount in an escrow
 account conditioned upon the performance of said operator's plugging AND
 SURFACE RESTORATION responsibilities with  respect  to  said  well.  Any
 interest  accruing as a result of aforementioned escrow deposit shall be
 the exclusive property  of  the  operator.  The  aforementioned  bonding
 requirements  shall  remain  the  obligation  of  the  original operator
 regardless of changes in operators  unless  a  subsequent  operator  has
 furnished the appropriate bond or substitute as herein provided accepta-
 ble to the department and approval for the transfer of the well plugging
 [responsibility]  AND SURFACE RESTORATION RESPONSIBILITIES to the subse-
 quent operator has been granted by the department. The  failure  of  any
 operator  to  maintain  a bond or other financial security as prescribed
 herein shall be deemed a breach  of  plugging  AND  SURFACE  RESTORATION
 responsibilities and entitle the department to claim the proceeds of the
 bond  or  other  financial  security.  Any order issued pursuant to this
 paragraph may be reviewed upon application  of  an  aggrieved  party  by
 means  of  an  order  to  show  cause which order shall be issued by any
 justice of the supreme court in the judicial district in which any  such
 order  applies  and shall be returnable on the third succeeding business
 day following the issuance of such order. Service  of  such  show  cause
 order  shall  be made upon the regional office of the department for the
 region in which such order applies, and upon  the  attorney  general  by
 delivery  of such order to an assistant attorney general at an office of
 the attorney general in the county in which venue of the  proceeding  is
 designated, or if there is no office of the attorney general within such
 county,  at  the  office  of  the  attorney general nearest such county.
 Except as hereinabove specified, the proceeding to review an order under
 this paragraph shall be governed by article seventy-eight of  the  civil
 practice law and rules.
   f.  (1)  In  order  to  satisfy  the  financial  security requirements
 contained in paragraph e of this subdivision for all wells for which the
 department [either] ON OR AFTER OCTOBER FIRST, NINETEEN  HUNDRED  SIXTY-
 THREE shall have issued or shall issue permits to drill, DEEPEN, CONVERT
 OR  PLUG  BACK  such  wells or, on or after June fifth, nineteen hundred
 seventy-three, shall have issued acknowledgements of notices  of  inten-
 tion  to  drill  such wells OR FOR ALL WELLS SUBJECT TO THIS ARTICLE FOR
 WHICH REQUESTS FOR TRANSFERS OF WELL OPERATORSHIP, WHICH INCLUDES  PLUG-
 GING  AND  SURFACE  RESTORATION  RESPONSIBILITIES,  ARE  APPROVED BY THE
 DEPARTMENT ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS  OF
 TWO  THOUSAND  TWENTY  THAT  AMENDED  THIS PARAGRAPH, without in any way
 affecting any obligation to plug such wells, the operator shall  provide
 a  bond or other financial security acceptable to the department [in the
 following amount:
   (i) for wells less than two thousand five hundred feet in depth:
   (a) twenty-five hundred dollars per well, provided that  the  operator
 shall  not  be  required  to  provide financial security under this item
 exceeding twenty-five thousand dollars for up to twenty-five wells;
   (b) for twenty-six to fifty wells, twenty-five thousand dollars,  plus
 twenty-five  hundred  dollars  per  well in excess of twenty-five wells,
 provided that the operator shall not be required  to  provide  financial
 security under this item exceeding forty thousand dollars;

 S. 7508                            185                           A. 9508

   (c)  for  fifty-one to one hundred wells, forty thousand dollars, plus
 twenty-five hundred dollars per well in excess of fifty wells,  provided
 that  the  operator  shall not be required to provide financial security
 under this item exceeding seventy thousand dollars;
   (d)  for  over one hundred wells, seventy thousand dollars, plus twen-
 ty-five hundred dollars  per  well  in  excess  of  one  hundred  wells,
 provided  that  the  operator shall not be required to provide financial
 security under this item exceeding one hundred thousand dollars.
   (ii) for wells between two thousand five hundred feet and six thousand
 feet in depth:
   (a) five thousand dollars per well provided that  the  operator  shall
 not  be required to provide financial security under this item exceeding
 forty thousand dollars for up to twenty-five wells;
   (b) for twenty-six to fifty wells, forty thousand dollars,  plus  five
 thousand  dollars per well in excess of twenty-five wells, provided that
 the operator shall not be required to provide financial  security  under
 this item exceeding sixty thousand dollars;
   (c)  for  fifty-one to one hundred wells, sixty thousand dollars, plus
 five thousand dollars per well in excess of fifty wells,  provided  that
 the  operator  shall not be required to provide financial security under
 this item exceeding one hundred fifty thousand dollars;
   (d) for over one hundred wells, one  hundred  thousand  dollars,  plus
 five  thousand dollars per well in excess of one hundred wells, provided
 that the operator shall not be required to  provide  financial  security
 under this item exceeding one hundred fifty thousand dollars].
   (2)  [In  the  event  that  an  operator shall have wells described in
 clauses (i) and (ii) of subparagraph (1) of this paragraph, in  lieu  of
 providing  financial  security under the provisions of each such clause,
 such operator may file financial security as  if  all  such  wells  were
 between two thousand five hundred feet and six thousand feet in depth.
   (3)  For  wells  greater than six thousand feet in depth, the operator
 may be required to provide additional financial security consistent with
 criteria contained in rules and regulation to be  adopted  to  implement
 this  subparagraph]  FOR  ALL WELLS THAT REQUIRE FINANCIAL SECURITY, THE
 OPERATOR SHALL PROVIDE THE DEPARTMENT WITH FINANCIAL SECURITY CONSISTENT
 WITH CRITERIA CONTAINED IN RULES AND  REGULATIONS,  AND  ANY  SUBSEQUENT
 RULES  AND REGULATIONS ADOPTED BY THE DEPARTMENT TO IMPLEMENT THIS ARTI-
 CLE. THE DEPARTMENT IS AUTHORIZED TO ADOPT RULES AND REGULATIONS  DETER-
 MINING  THE  AMOUNT,  TYPE,  CONDITIONS,  AND  TERMS  OF  THE  FINANCIAL
 SECURITY.
   § 4. Subdivision 14 of section 23-0305 of the environmental  conserva-
 tion law, as added by chapter 410 of the laws of 1987 and paragraph f as
 amended  by  chapter  386  of  the  laws  of 2005, is amended to read as
 follows:
   14. With respect to wells drilled deeper than five hundred feet  below
 the  earth's  surface for the purpose of conducting stratigraphic tests,
 for finding or producing hot water or steam,  for  injecting  fluids  to
 recover heat from the surrounding geologic materials or for the disposal
 of brines, the department shall have the power to:
   a.  Require all exploration, drilling and development operations to be
 conducted in accordance with standards promulgated by the department  in
 rules and regulations.
   b.  Conduct  investigations to determine the extent of compliance with
 this section and all rules, regulations and orders issued pursuant ther-
 eto.

 S. 7508                            186                           A. 9508
 
   c. Classify [a well  as  one  subject  to]  AND  RECLASSIFY  WELLS  OR
 AFFECTED  LANDS  AS  ABANDONED OR ORPHANED, TO WELLS OR UNRESTORED LANDS
 REGULATED PURSUANT TO TITLES 1, 3, 5, 7,  9,  11,  13  AND  19  OF  this
 [section] ARTICLE and require [its] WELL identification as a geothermal,
 stratigraphic or brine disposal well.
   d. Require the drilling, casing, operation, plugging and replugging of
 wells  subject  to  this  section and reclamation of surrounding land in
 accordance with rules and regulations of the department.
   e. Enter, take temporary possession of, REPAIR,  plug  or  replug  any
 abandoned  OR ORPHANED well [subject to this section] as provided in the
 rules and regulations, whenever the well's owner or operator neglects or
 refuses to comply with such rules and regulations. Such REPAIRING, plug-
 ging or replugging by the department shall be  at  the  expense  of  the
 owner  or operator whose duty it shall be to REPAIR OR plug the well and
 who shall hold harmless the state of New York for all accounts, damages,
 costs and judgments arising from the REPAIRING, plugging  or  replugging
 of the well and the surface restoration of the affected land.
   f.  (1)  Require  that  the  operator  furnish  to the department, and
 continuously maintain, a bond or other  financial  security  conditioned
 upon the satisfactory performance of the operator's plugging AND SURFACE
 RESTORATION responsibilities with respect to said [well] WELLS FOR WHICH
 THE  DEPARTMENT SHALL HAVE ISSUED OR SHALL ISSUE PERMITS TO DRILL, DEEP-
 EN, CONVERT OR PLUG BACK OR, FOR ALL WELLS SUBJECT TO THIS  ARTICLE  FOR
 WHICH  REQUESTS FOR TRANSFERS OF WELL OPERATORSHIP, WHICH INCLUDES PLUG-
 GING AND SURFACE  RESTORATION  RESPONSIBILITIES,  ARE  APPROVED  BY  THE
 DEPARTMENT  ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF
 TWO THOUSAND TWENTY THAT AMENDED THIS  PARAGRAPH.  The  failure  of  any
 operator  to  maintain  a bond or other financial security as prescribed
 herein shall be deemed a breach  of  plugging  AND  SURFACE  RESTORATION
 responsibilities and entitle the department to claim the proceeds of the
 bond  or other financial security. Such bond or other financial security
 shall be for an amount as determined  [pursuant  to  the  provisions  of
 paragraph  k  of subdivision eight of this section] BY AND ACCEPTABLE TO
 THE DEPARTMENT.
   (2) FOR ALL WELLS THAT REQUIRE FINANCIAL SECURITY, THE OPERATOR  SHALL
 PROVIDE  THE DEPARTMENT WITH FINANCIAL SECURITY CONSISTENT WITH CRITERIA
 CONTAINED IN RULES AND REGULATIONS, AND ANY SUBSEQUENT RULES  AND  REGU-
 LATIONS ADOPTED BY THE DEPARTMENT TO IMPLEMENT THIS ARTICLE. THE DEPART-
 MENT  IS  AUTHORIZED  TO  ADOPT  RULES  AND  REGULATIONS DETERMINING THE
 AMOUNT, TYPE, CONDITIONS, AND TERMS OF THE FINANCIAL SECURITY.
   g. In addition to the powers provided for in titles one,  three,  five
 and  thirteen of article seventy-one of this chapter, order an immediate
 suspension of operations carried on in violation of  the  oil,  gas  and
 solution  mining law or any rule or regulation promulgated thereunder or
 order issued pursuant thereto.
   h. Require  the  immediate  reporting  of  any  non-routine  incident,
 including  but  not  limited  to  casing and drill pipe failures, casing
 cement failures, fishing jobs, fires, seepages, blowouts and other inci-
 dents during drilling, completion,  producing,  plugging  or  replugging
 operations  that  may  affect the health, safety, welfare or property of
 any person or which may be injurious to plants or animals.  The  depart-
 ment may require the operator or any agent thereof to record and provide
 any data which the department believes may be of use for adequate evalu-
 ation of a non-routine incident.
   i. Require the taking and making of logs, samples, directional surveys
 and  reports  on  locations,  elevations,  drilling  and production, and

 S. 7508                            187                           A. 9508
 
 further require filing of such information pursuant to the provisions of
 the oil, gas and solution mining law. Upon  the  request  of  the  state
 geologist,  the department shall cause such samples or copies of records
 and reports to be furnished to the state geologist.
   j.  Give notice to persons engaged in underground mining operations of
 the commencement of any phase of  geothermal,  stratigraphic  and  brine
 disposal well operations which may affect the safety of such underground
 mining  operations  or of the mining properties involved. The department
 shall not be required to furnish any notice required by  this  paragraph
 unless the person or persons engaged in underground mining operations or
 having  rights  in mining properties have notified the department of the
 existence and location of such underground mining operations or  proper-
 ties.
   § 5. This act shall take effect immediately.
 
                                  PART WW
 
   Section  1.  Subdivision  3  of  section  23-0501 of the environmental
 conservation law, as added by chapter 386 of the laws of 2005, is renum-
 bered subdivision 4 and a new subdivision 3 is added to read as follows:
   3. NO PERMITS SHALL BE ISSUED AUTHORIZING AN APPLICANT TO DRILL, DEEP-
 EN, PLUG BACK, OR CONVERT WELLS THAT USE HIGH-VOLUME HYDRAULIC  FRACTUR-
 ING TO COMPLETE OR RECOMPLETE NATURAL GAS RESOURCES. FOR PURPOSE OF THIS
 SECTION, HIGH-VOLUME HYDRAULIC FRACTURING SHALL BE DEFINED AS THE STIMU-
 LATION  OF  A WELL USING THREE HUNDRED THOUSAND OR MORE GALLONS OF WATER
 AS THE BASE FLUID FOR HYDRAULIC FRACTURING FOR  ALL  STAGES  IN  A  WELL
 COMPLETION,  REGARDLESS  OF WHETHER THE WELL IS VERTICAL OR DIRECTIONAL,
 INCLUDING HORIZONTAL.
   § 2. This act shall take effect immediately.
 
                                  PART XX
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 102-c to read as follows:
   §  102-C. BICYCLE WITH ELECTRIC ASSIST. EVERY MOTOR VEHICLE, INCLUDING
 ONE PARTIALLY POWERED BY HUMAN POWER, OTHER THAN ONE REGISTERED OR CAPA-
 BLE OF BEING REGISTERED PURSUANT TO THIS  CHAPTER  AS  A  MOTORCYCLE  OR
 LIMITED  USE  MOTORCYCLE,  HAVING  A SEAT OR A SADDLE FOR THE USE OF THE
 RIDER AND DESIGNED TO TRAVEL ON TWO WHEELS WHICH HAS AN  ELECTRIC  MOTOR
 NO  GREATER  THAN  SEVEN  HUNDRED  FIFTY  WATTS,  EQUIPPED WITH OPERABLE
 PEDALS, MEETING THE EQUIPMENT AND MANUFACTURING REQUIREMENTS  FOR  BICY-
 CLES  ADOPTED  BY THE CONSUMER PRODUCT SAFETY COMMISSION UNDER 16 C.F.R.
 PART 1512.1 ET SEQ. AND MEETING THE REQUIREMENTS OF ONE OF THE FOLLOWING
 THREE CLASSES:
   (A) "CLASS ONE BICYCLE WITH ELECTRIC ASSIST." A BICYCLE WITH  ELECTRIC
 ASSIST  HAVING  AN ELECTRIC MOTOR THAT PROVIDES ASSISTANCE ONLY WHEN THE
 PERSON OPERATING SUCH BICYCLE WITH ELECTRIC ASSIST IS PEDALING, AND THAT
 CEASES TO PROVIDE ASSISTANCE WHEN  SUCH  BICYCLE  WITH  ELECTRIC  ASSIST
 REACHES A SPEED OF TWENTY MILES PER HOUR.
   (B)  "CLASS TWO BICYCLE WITH ELECTRIC ASSIST." A BICYCLE WITH ELECTRIC
 ASSIST HAVING AN ELECTRIC MOTOR THAT MAY BE USED EXCLUSIVELY  TO  PROPEL
 SUCH  BICYCLE WITH ELECTRIC ASSIST, AND THAT IS NOT CAPABLE OF PROVIDING
 ASSISTANCE WHEN SUCH BICYCLE WITH ELECTRIC ASSIST  REACHES  A  SPEED  OF
 TWENTY MILES PER HOUR.
   (C)  "CLASS  THREE BICYCLE WITH ELECTRIC ASSIST." SOLELY WITHIN A CITY
 HAVING A POPULATION OF ONE MILLION OR  MORE,  A  BICYCLE  WITH  ELECTRIC

 S. 7508                            188                           A. 9508
 
 ASSIST  HAVING  AN ELECTRIC MOTOR THAT MAY BE USED EXCLUSIVELY TO PROPEL
 SUCH BICYCLE WITH ELECTRIC ASSIST, AND THAT IS NOT CAPABLE OF  PROVIDING
 ASSISTANCE  WHEN  SUCH  BICYCLE  WITH ELECTRIC ASSIST REACHES A SPEED OF
 TWENTY-FIVE MILES PER HOUR.
   § 2. Section 125 of the vehicle and traffic law, as amended by chapter
 365 of the laws of 2008, is amended to read as follows:
   § 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
 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, (A-2)  BICYCLE  WITH  ELECTRIC  ASSIST  AS  DEFINED  IN
 SECTION  ONE  HUNDRED TWO-C OF THIS ARTICLE, (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. 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.
   § 3. Subparagraph b of paragraph 1 of subdivision (a) of section  1202
 of the vehicle and traffic law, as amended by chapter 679 of the laws of
 1970, is amended to read as follows:
   b.  On a sidewalk, EXCEPT A BICYCLE WITH ELECTRIC ASSIST AS DEFINED IN
 SECTION ONE HUNDRED TWO-C OF THIS CHAPTER;
   § 4. The article heading of article 34 of the vehicle and traffic law,
 as amended by chapter 694 of the laws of 1995, is  amended  to  read  as
 follows:
                      OPERATION OF BICYCLES [AND], PLAY
                 DEVICES AND BICYCLES WITH ELECTRIC ASSIST
   §  5. Section 1231 of the vehicle and traffic law, as amended by chap-
 ter 694 of the laws of 1995, is amended to read as follows:
   § 1231. Traffic laws apply to persons riding bicycles  or  skating  or
 gliding  on  in-line  skates OR PERSONS OPERATING BICYCLES WITH ELECTRIC
 ASSIST; LOCAL LAWS.   1. Every person riding a  bicycle  or  skating  or
 gliding  on  in-line  skates  upon a roadway shall be granted all of the
 rights and shall be subject to all of the duties applicable to the driv-
 er of a vehicle by this title, except as to special regulations in  this
 article  and  except as to those provisions of this title which by their
 nature can have no application.
   2. (A) EXCEPT AS PROVIDED BY LOCAL  LAW,  ORDINANCE,  ORDER,  RULE  OR
 REGULATION  ENACTED  OR  PROMULGATED  PURSUANT  TO PARAGRAPH (B) OF THIS
 SUBDIVISION, BICYCLES WITH ELECTRIC  ASSIST  MAY  ONLY  BE  OPERATED  ON
 PUBLIC  HIGHWAYS  WITH  A POSTED SPEED LIMIT OF THIRTY MILES PER HOUR OR
 LESS, INCLUDING NON-INTERSTATE PUBLIC HIGHWAYS, PRIVATE  ROADS  OPEN  TO
 MOTOR  VEHICLE  TRAFFIC,  AND DESIGNATED BICYCLE OR IN-LINE SKATE LANES.
 EVERY PERSON OPERATING A BICYCLE WITH ELECTRIC ASSIST UPON A HIGHWAY  OR
 ROADWAY  SHALL  BE GRANTED ALL OF THE RIGHTS AND SHALL BE SUBJECT TO ALL
 OF THE DUTIES APPLICABLE TO THE DRIVER  OF  A  VEHICLE  BY  THIS  TITLE,
 EXCEPT AS TO SPECIAL REQUIREMENTS IN THIS ARTICLE AND EXCEPT AS TO THOSE
 PROVISIONS OF THIS TITLE WHICH BY THEIR NATURE CAN HAVE NO APPLICATION.

 S. 7508                            189                           A. 9508

   (B)  THE  GOVERNING  BODY OF ANY COUNTY, CITY, TOWN OR VILLAGE MAY, BY
 LOCAL LAW, ORDINANCE, ORDER, RULE OR REGULATION,  FURTHER  REGULATE  THE
 MAXIMUM SPEED, TIME, PLACE AND MANNER OF THE OPERATION OF A BICYCLE WITH
 ELECTRIC  ASSIST  INCLUDING REQUIRING THE USE OF PROTECTIVE HEADWEAR AND
 WEARING READILY VISIBLE REFLECTIVE CLOTHING OR MATERIAL, AND LIMITING OR
 PROHIBITING THE USE THEREOF IN SPECIFIED AREAS UNDER THE JURISDICTION OF
 SUCH COUNTY, CITY, TOWN OR VILLAGE OR PROHIBIT ENTIRELY THE USE OF BICY-
 CLES  WITH  ELECTRIC  ASSIST  WITHIN SUCH COUNTY, CITY, TOWN OR VILLAGE.
 NOTWITHSTANDING TITLE EIGHT OF THIS CHAPTER, THE GOVERNING BODY  OF  ANY
 COUNTY,  CITY,  TOWN  OR VILLAGE SHALL NOT AUTHORIZE THE USE OF BICYCLES
 WITH ELECTRIC ASSIST UPON SIDEWALKS OR REGULATE THE PARKING, STANDING OR
 STOPPING OF BICYCLES WITH ELECTRIC ASSIST ON SIDEWALKS.
   § 6. The vehicle and traffic law is amended by adding  a  new  section
 1232-a to read as follows:
   §  1232-A.  OPERATING  BICYCLES  WITH ELECTRIC ASSIST. 1. EVERY PERSON
 OPERATING A BICYCLE WITH ELECTRIC ASSIST SHALL YIELD THE RIGHT OF WAY TO
 PEDESTRIANS.
   2. EVERY OPERATOR OF A BICYCLE WITH ELECTRIC ASSIST SHALL  BE  SIXTEEN
 YEARS OF AGE OR OLDER.
   3. THE OPERATION OF A CLASS THREE BICYCLE WITH ELECTRIC ASSIST OUTSIDE
 A CITY HAVING A POPULATION OF ONE MILLION OR MORE IS PROHIBITED.
   4. NO PERSON SHALL OPERATE A CLASS ONE OR CLASS TWO BICYCLE WITH ELEC-
 TRIC  ASSIST IN EXCESS OF TWENTY MILES PER HOUR. NO PERSON SHALL OPERATE
 A CLASS THREE BICYCLE WITH ELECTRIC  ASSIST  IN  EXCESS  OF  TWENTY-FIVE
 MILES PER HOUR.
   5.  NO  PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST ON A SIDE-
 WALK.
   6. A FIRST VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL RESULT IN
 NO FINE. A SECOND OR SUBSEQUENT VIOLATION SHALL RESULT IN A  CIVIL  FINE
 NOT TO EXCEED FIFTY DOLLARS.
   §  7. Subdivision 1 of section 1233 of the vehicle and traffic law, as
 amended by chapter 703 of the laws  of  2004,  is  amended  to  read  as
 follows:
   1.  No  person OPERATING A BICYCLE WITH ELECTRIC ASSIST OR riding upon
 any bicycle, coaster, in-line skates, roller skates, skate board,  sled,
 or  toy vehicle shall attach the same or himself or herself to any vehi-
 cle being operated upon a roadway.
   § 8. Section 1234 of the vehicle and traffic law, as amended by  chap-
 ter 16 of the laws of 1996, is amended to read as follows:
   § 1234. Riding OR OPERATING on roadways, shoulders, bicycle or in-line
 skate  lanes  [and],  bicycle or in-line skate paths  AND LANES RESERVED
 FOR NON-MOTORIZED VEHICLES AND DEVICES.   (a)  Upon  all  roadways,  any
 bicycle,  BICYCLE  WITH ELECTRIC ASSIST or in-line skate shall be driven
 OR OPERATED either on a usable bicycle or in-line skate lane  or,  if  a
 usable  bicycle  or  in-line  skate lane has not been provided, near the
 right-hand curb or edge of the  roadway  or  upon  a  usable  right-hand
 shoulder in such a manner as to prevent undue interference with the flow
 of  traffic  except  when  preparing  for a left turn or when reasonably
 necessary to avoid conditions that would  make  it  unsafe  to  continue
 along  near  the  right-hand  curb  or edge. Conditions to be taken into
 consideration include, but are not limited to, fixed or moving  objects,
 vehicles,   bicycles,  in-line  skates,  pedestrians,  animals,  surface
 hazards or traffic lanes too narrow for a bicycle, BICYCLE WITH ELECTRIC
 ASSIST or person on in-line skates and a vehicle to travel safely  side-
 by-side within the lane.

 S. 7508                            190                           A. 9508
 
   (b)  Persons  riding  bicycles or skating or gliding on in-line skates
 upon a roadway shall not ride more than two abreast.  PERSONS  OPERATING
 BICYCLES  WITH  ELECTRIC  ASSIST  UPON A ROADWAY SHALL RIDE SINGLE FILE.
 Persons riding bicycles or skating or gliding on in-line skates OR OPER-
 ATING A BICYCLE WITH ELECTRIC ASSIST upon a shoulder, bicycle or in-line
 skate  lane,  or bicycle or in-line skates path, intended for the use of
 bicycles, ELECTRIC PERSONAL ASSISTIVE  MOBILITY  DEVICE,  BICYCLES  WITH
 ELECTRIC  ASSIST,  or  in-line  skates  may  ride two or more abreast if
 sufficient space is available, except that when passing a vehicle, bicy-
 cle [or], ELECTRIC PERSONAL  ASSISTIVE  MOBILITY  DEVICE,  BICYCLE  WITH
 ELECTRIC  ASSIST,  person  on in-line skates, or pedestrian, standing or
 proceeding along such shoulder, lane or path, persons  riding  bicycles,
 OPERATING  BICYCLES  WITH  ELECTRIC  ASSIST,  or  skating  or gliding on
 in-line skates shall ride, OPERATE, skate, or glide single file. Persons
 riding bicycles or skating or gliding on in-line skates upon  a  roadway
 shall  ride, skate, or glide single file when being overtaken by a vehi-
 cle.
   (c) Any person operating a bicycle, BICYCLE WITH  ELECTRIC  ASSIST  or
 skating  or gliding on in-line skates who is entering the roadway from a
 private road, driveway, alley or over a curb shall come to a  full  stop
 before entering the roadway.
   §  9. Section 1235 of the vehicle and traffic law, as amended by chap-
 ter 703 of the laws of 2004, is amended to read as follows:
   § 1235. Carrying articles. No person operating a bicycle  shall  carry
 any  package,  bundle, or article which prevents the driver from keeping
 at least one hand upon the handle bars.  NO PERSON OPERATING  A  BICYCLE
 WITH  ELECTRIC  ASSIST  SHALL CARRY ANY PACKAGE, BUNDLE OR ARTICLE WHICH
 PREVENTS THE OPERATOR FROM KEEPING AT LEAST ONE  HAND  UPON  THE  HANDLE
 BARS  OR WHICH OBSTRUCTS HIS OR HER VISION. No person skating or gliding
 on in-line skates shall carry any  package,  bundle,  or  article  which
 obstructs  his  or  her  vision  in any direction. No person operating a
 skate board shall carry any package, bundle, or article which  obstructs
 his or her vision in any direction.
   §  10. Section 1236 of the vehicle and traffic law, subdivision (a) as
 amended by chapter 16 of the laws of 2009 and subdivisions (d)  and  (e)
 as  added  by  chapter  887  of  the laws of 1976, is amended to read as
 follows:
   § 1236. Lamps and other equipment on bicycles AND BICYCLES WITH  ELEC-
 TRIC  ASSIST.  (a) Every bicycle OR BICYCLE WITH ELECTRIC ASSIST when in
 use during the period from one-half hour after sunset to  one-half  hour
 before  sunrise  shall  be equipped with a lamp on the front which shall
 emit a white light visible during hours of darkness from a  distance  of
 at  least  five  hundred feet to the front and with a red or amber light
 visible to the rear for three hundred feet. Effective July first,  nine-
 teen  hundred seventy-six, at least one of these lights shall be visible
 for two hundred feet from each side.
   (b) No person shall operate a bicycle OR BICYCLE WITH ELECTRIC  ASSIST
 unless  it  is  equipped with a bell or other device capable of giving a
 signal audible for a distance of at least one hundred feet, except  that
 a bicycle OR BICYCLE WITH ELECTRIC ASSIST shall not be equipped with nor
 shall  any person use upon a bicycle OR BICYCLE WITH ELECTRIC ASSIST any
 siren or whistle.
   (c) Every bicycle shall be equipped with a brake which will enable the
 operator to make the braked wheels skid on dry, level,  clean  pavement.
 EVERY  BICYCLE WITH ELECTRIC ASSIST SHALL BE EQUIPPED WITH A SYSTEM THAT
 ENABLES THE OPERATOR TO BRING THE DEVICE TO A CONTROLLED STOP.

 S. 7508                            191                           A. 9508
 
   (d) Every new bicycle shall be  equipped  with  reflective  tires  or,
 alternately,  a  reflex  reflector  mounted on the spokes of each wheel,
 said tires and reflectors to be of types approved by  the  commissioner.
 The  reflex  reflector  mounted on the front wheel shall be colorless or
 amber,  and  the  reflex  reflector  mounted  on the rear wheel shall be
 colorless or red.
   (e) Every bicycle when in use during the  period  from  one-half  hour
 after  sunset  to  one-half  hour  before sunrise shall be equipped with
 reflective devices or material  meeting  the  standards  established  by
 rules  and regulations promulgated by the commissioner; provided, howev-
 er, that such standards shall not  be  inconsistent  with  or  otherwise
 conflict  with  the  requirements  of  subdivisions  (a) and (d) of this
 section.
   § 11. The section heading of section 1238 of the vehicle  and  traffic
 law,  as  amended by chapter 267 of the laws of 1993, is amended to read
 as follows:
   Passengers on bicycles under one year of  age  prohibited;  passengers
 and  operators  under fourteen years of age to wear protective headgear;
 OPERATORS OF CLASS THREE BICYCLES WITH ELECTRIC ASSIST TO  WEAR  PROTEC-
 TIVE HEADGEAR.
   § 12. Section 1238 of the vehicle and traffic law is amended by adding
 a new subdivision 5-c to read as follows:
   5-C.  NO  PERSON  SHALL RIDE UPON, PROPEL OR OTHERWISE OPERATE A CLASS
 THREE BICYCLE WITH ELECTRIC ASSIST  UNLESS  SUCH  PERSON  IS  WEARING  A
 HELMET  MEETING  STANDARDS  ESTABLISHED  BY  THE  COMMISSIONER.  FOR THE
 PURPOSES OF THIS SUBDIVISION, WEARING A HELMET MEANS HAVING  A  PROPERLY
 FITTING HELMET FIXED SECURELY ON THE HEAD OF SUCH WEARER WITH THE HELMET
 STRAPS SECURELY FASTENED.
   § 13. Subdivision 6 of section 1238 of the vehicle and traffic law, as
 added  by  chapter  267 of the laws of 1993, paragraph (a) as amended by
 chapter 402 of the laws of 2001, and paragraph (c) as amended by chapter
 703 of the laws of 2004, is amended to read as follows:
   6. (a) Any person who violates the  provisions  of  subdivision  five,
 five-a [or], five-b OR FIVE-C of this section shall pay a civil fine not
 to exceed fifty dollars.
   (b) The court shall waive any fine for which a person who violates the
 provisions  of  subdivision  five AND SUBDIVISION FIVE-C of this section
 would be liable if such  person  supplies  the  court  with  proof  that
 between the date of violation and the appearance date for such violation
 such person purchased or rented a helmet.
   (c)  The  court may waive any fine for which a person who violates the
 provisions of subdivision five, five-a, [or] five-b, OR FIVE-C  of  this
 section  would  be  liable  if  the  court  finds that due to reasons of
 economic hardship such person was unable to purchase a helmet or due  to
 such  economic  hardship  such person was unable to obtain a helmet from
 the statewide in-line skate and bicycle helmet distribution program,  as
 established  in  section  two hundred six of the public health law, or a
 local distribution program.  SUCH WAIVER OF A FINE SHALL NOT APPLY TO  A
 SECOND  OR  SUBSEQUENT  CONVICTION  UNDER  SUBDIVISION  FIVE-C  OF  THIS
 SECTION.
   § 14. Subdivision 8 of section 1238 of the vehicle and traffic law, as
 amended by chapter 694 of the laws  of  1995,  is  amended  to  read  as
 follows:
   8.  A  police  officer  shall  only issue a summons for a violation of
 subdivision two, five, [or] five-a, OR  FIVE-C  of  this  section  by  a
 person less than fourteen years of age to the parent or guardian of such

 S. 7508                            192                           A. 9508
 
 person  if  the  violation by such person occurs in the presence of such
 person's parent or guardian and where such parent or guardian  is  eigh-
 teen  years  of  age  or more. Such summons shall only be issued to such
 parent  or  guardian,  and  shall  not be issued to the person less than
 fourteen years of age.
   § 15. Section 1240 of the vehicle and traffic law, as added by chapter
 468 of the laws of 2001, is amended to read as follows:
   § 1240. Leaving the scene of an incident involving a  wheeled  non-mo-
 torized  means of conveyance OR INVOLVING A BICYCLE WITH ELECTRIC ASSIST
 without reporting in the second degree. 1. Any person age eighteen years
 or older operating a wheeled non-motorized means of conveyance,  includ-
 ing,  but  not  limited  to  bicycles, in-line skates, roller skates and
 skate boards, OR OPERATING A BICYCLE WITH ELECTRIC ASSIST, who,  knowing
 or having cause to know, that physical injury, as defined in subdivision
 nine  of  section  10.00  of  the  penal law, has been caused to another
 person, due to the operation of such non-motorized means  of  conveyance
 OR  BICYCLE  WITH  ELECTRIC ASSIST by such person, shall, before leaving
 the place where the said physical injury occurred, stop, and provide his
 name and residence, including street and street number, to  the  injured
 party,  if practical, and also to a police officer, or in the event that
 no police officer is in the vicinity of the place of said  injury,  then
 such person shall report said incident as soon as physically able to the
 nearest police station or judicial officer.
   2.  Leaving the scene of an incident involving a wheeled non-motorized
 means of conveyance OR INVOLVING A BICYCLE WITH ELECTRIC ASSIST  without
 reporting in the second degree is a violation.
   § 16. Section 1241 of the vehicle and traffic law, as added by chapter
 468 of the laws of 2001, is amended to read as follows:
   §  1241.  Leaving the scene of an incident involving a wheeled non-mo-
 torized means of conveyance OR INVOLVING A BICYCLE WITH ELECTRIC  ASSIST
 without reporting in the first degree.  1. Any person age eighteen years
 or  older operating a wheeled non-motorized means of conveyance, includ-
 ing, but not limited to bicycles,  in-line  skates,  roller  skates  and
 skate  boards, OR OPERATING A BICYCLE WITH ELECTRIC ASSIST, who, knowing
 or having cause to know, that serious physical  injury,  as  defined  in
 subdivision  ten  of  section 10.00 of the penal law, has been caused to
 another person, due to the operation  of  such  non-motorized  means  of
 conveyance OR BICYCLE WITH ELECTRIC ASSIST by such person, shall, before
 leaving the place where the said serious physical injury occurred, stop,
 and  provide his name and residence, including street and street number,
 to the injured party, if practical, and also to a police officer, or  in
 the event that no police officer is in the vicinity of the place of said
 injury,  then  such  person  shall report said incident as soon as phys-
 ically able to the nearest police station or judicial officer.
   2. Leaving the scene of an incident involving a wheeled  non-motorized
 means  of conveyance OR INVOLVING A BICYCLE WITH ELECTRIC ASSIST without
 reporting in the first degree is a class B misdemeanor.
   § 17. The vehicle and traffic law is amended by adding a  new  section
 1242 to read as follows:
   §  1242.  OPERATION  OF A BICYCLE WITH ELECTRIC ASSIST WHILE UNDER THE
 INFLUENCE OF ALCOHOL OR DRUGS. 1. OFFENSES; CRIMINAL PENALTIES.  (A)  NO
 PERSON  SHALL  OPERATE  A  BICYCLE WITH ELECTRIC ASSIST WHILE HIS OR HER
 ABILITY TO OPERATE SUCH BICYCLE WITH ELECTRIC ASSIST IS IMPAIRED BY  THE
 CONSUMPTION OF ALCOHOL.
   (I)  A  VIOLATION OF THIS SUBDIVISION SHALL BE AN OFFENSE AND SHALL BE
 PUNISHABLE BY A FINE OF NOT LESS THAN THREE  HUNDRED  DOLLARS  NOR  MORE

 S. 7508                            193                           A. 9508
 
 THAN FIVE HUNDRED DOLLARS, OR BY IMPRISONMENT IN A PENITENTIARY OR COUN-
 TY  JAIL FOR NOT MORE THAN FIFTEEN DAYS, OR BY BOTH SUCH FINE AND IMPRI-
 SONMENT.
   (II) A PERSON WHO OPERATES A BICYCLE WITH ELECTRIC ASSIST IN VIOLATION
 OF THIS SUBDIVISION AFTER BEING CONVICTED OF A VIOLATION OF ANY SUBDIVI-
 SION  OF  THIS SECTION WITHIN THE PRECEDING FIVE YEARS SHALL BE PUNISHED
 BY A FINE OF NOT LESS THAN FIVE HUNDRED  DOLLARS  NOR  MORE  THAN  SEVEN
 HUNDRED  FIFTY  DOLLARS, OR BY IMPRISONMENT OF NOT MORE THAN THIRTY DAYS
 IN A PENITENTIARY OR COUNTY JAIL OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (III) A  PERSON  WHO  OPERATES  A  BICYCLE  WITH  ELECTRIC  ASSIST  IN
 VIOLATION OF THIS SUBDIVISION AFTER BEING CONVICTED TWO OR MORE TIMES OF
 A  VIOLATION OF ANY SUBDIVISION OF THIS SECTION WITHIN THE PRECEDING TEN
 YEARS SHALL BE GUILTY OF A MISDEMEANOR, AND SHALL BE PUNISHED BY A  FINE
 OF  NOT  LESS  THAN  SEVEN  HUNDRED  FIFTY DOLLARS NOR MORE THAN FIFTEEN
 HUNDRED DOLLARS, OR BY IMPRISONMENT OF NOT MORE THAN ONE HUNDRED  EIGHTY
 DAYS IN A PENITENTIARY OR COUNTY JAIL OR BY BOTH SUCH FINE AND IMPRISON-
 MENT.
   (B) NO PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST WHILE HE OR
 SHE HAS .08 OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN HIS OR HER
 BLOOD, BREATH, URINE, OR SALIVA, AS DETERMINED BY THE CHEMICAL TEST MADE
 PURSUANT TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION.
   (C) NO PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST WHILE HE OR
 SHE IS IN AN INTOXICATED CONDITION.
   (D)  NO  PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST WHILE HIS
 OR HER ABILITY TO OPERATE SUCH BICYCLE WITH ELECTRIC ASSIST IS  IMPAIRED
 BY  THE  USE  OF  A DRUG AS DEFINED BY SECTION ONE HUNDRED FOURTEEN-A OF
 THIS CHAPTER.
   (E) NO PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST  WHILE  HIS
 OR  HER ABILITY TO OPERATE SUCH BICYCLE WITH ELECTRIC ASSIST IS IMPAIRED
 BY THE COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG  OR  DRUGS
 AS DEFINED BY SECTION ONE HUNDRED FOURTEEN-A OF THIS CHAPTER.
   (F)  (I) A VIOLATION OF PARAGRAPH (B), (C), (D), OR (E) OF THIS SUBDI-
 VISION SHALL BE A MISDEMEANOR AND SHALL BE PUNISHABLE BY IMPRISONMENT IN
 A PENITENTIARY OR COUNTY JAIL FOR NOT MORE THAN ONE YEAR, OR BY  A  FINE
 OF  NOT  LESS  THAN  FIVE  HUNDRED  DOLLARS  NOR  MORE THAN ONE THOUSAND
 DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (II) A PERSON WHO OPERATES A BICYCLE WITH ELECTRIC ASSIST IN VIOLATION
 OF PARAGRAPH (B), (C), (D) OR (E) OF THIS SUBDIVISION AFTER HAVING  BEEN
 CONVICTED  OF  A  VIOLATION  OF  PARAGRAPH  (B), (C), (D) OR (E) OF THIS
 SUBDIVISION, OR OF OPERATING A BICYCLE WITH ELECTRIC ASSIST WHILE INTOX-
 ICATED OR WHILE UNDER  THE  INFLUENCE  OF  DRUGS,  OR  WHILE  UNDER  THE
 COMBINED  INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS, WITHIN
 THE PRECEDING TEN YEARS, SHALL BE GUILTY OF A CLASS E FELONY  AND  SHALL
 BE PUNISHED BY A PERIOD OF IMPRISONMENT AS PROVIDED IN THE PENAL LAW, OR
 BY A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN FIVE THOU-
 SAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (III)  A  PERSON  WHO  OPERATES  A  BICYCLE  WITH  ELECTRIC  ASSIST IN
 VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF  THIS  SUBDIVISION  AFTER
 HAVING BEEN TWICE CONVICTED OF A VIOLATION OF ANY OF SUCH PARAGRAPH (B),
 (C), (D) OR (E) OF THIS SUBDIVISION OR OF OPERATING A BICYCLE WITH ELEC-
 TRIC  ASSIST WHILE INTOXICATED OR UNDER THE INFLUENCE OF DRUGS, OR WHILE
 UNDER THE COMBINED INFLUENCE OF DRUGS OR OF  ALCOHOL  AND  ANY  DRUG  OR
 DRUGS,  WITHIN  THE  PRECEDING  TEN  YEARS, SHALL BE GUILTY OF A CLASS D
 FELONY AND SHALL BE PUNISHED BY A FINE OF NOT  LESS  THAN  TWO  THOUSAND
 DOLLARS  NOR  MORE THAN TEN THOUSAND DOLLARS OR BY A PERIOD OF IMPRISON-

 S. 7508                            194                           A. 9508
 
 MENT AS PROVIDED IN THE PENAL LAW, OR BY BOTH SUCH  FINE  AND  IMPRISON-
 MENT.
   2.  SENTENCING LIMITATIONS. NOTWITHSTANDING ANY PROVISION OF THE PENAL
 LAW, NO JUDGE OR MAGISTRATE SHALL IMPOSE  A  SENTENCE  OF  UNCONDITIONAL
 DISCHARGE  OR  A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVI-
 SION ONE OF THIS SECTION NOR SHALL HE OR SHE IMPOSE A SENTENCE OF CONDI-
 TIONAL DISCHARGE UNLESS SUCH CONDITIONAL DISCHARGE IS ACCOMPANIED  BY  A
 SENTENCE OF A FINE AS PROVIDED IN THIS SECTION.
   3.  SENTENCING:  PREVIOUS  CONVICTIONS. WHEN SENTENCING A PERSON FOR A
 VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE  OF  THIS
 SECTION  PURSUANT  TO  SUBPARAGRAPH (II) OF PARAGRAPH (F) OF SUBDIVISION
 ONE OF THIS SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS  THE
 PERSON  MAY HAVE FOR A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR,
 OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN  THE
 PRECEDING  TEN  YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF PARA-
 GRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS  SECTION  PURSUANT
 TO  SUBPARAGRAPH  (III)  OF  PARAGRAPH  (F)  OF  SUBDIVISION ONE OF THIS
 SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE  PERSON  MAY
 HAVE  FOR  A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR, OR FOUR-A
 OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN THE  PRECEDING
 TEN  YEARS.    WHEN  SENTENCING A PERSON FOR A VIOLATION OF SUBPARAGRAPH
 (II) OF PARAGRAPH (A) OF SUBDIVISION ONE  OF  THIS  SECTION,  THE  COURT
 SHALL CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY HAVE FOR A VIOLATION
 OF  ANY  SUBDIVISION  OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE
 WITHIN THE  PRECEDING  FIVE  YEARS.  WHEN  SENTENCING  A  PERSON  FOR  A
 VIOLATION  OF  SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION ONE OF
 THIS SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE  PERSON
 MAY  HAVE  FOR  A VIOLATION OF ANY SUBDIVISION OF SECTION ELEVEN HUNDRED
 NINETY-TWO OF THIS TITLE WITHIN THE PRECEDING TEN YEARS.
   4. ARREST AND TESTING. (A) NOTWITHSTANDING THE PROVISIONS  OF  SECTION
 140.10  OF  THE  CRIMINAL PROCEDURE LAW, A POLICE OFFICER MAY, WITHOUT A
 WARRANT, ARREST A PERSON, IN CASE OF A VIOLATION  OF  ANY  PARAGRAPH  OF
 SUBDIVISION  ONE  OF  THIS SECTION, IF SUCH VIOLATION IS COUPLED WITH AN
 ACCIDENT OR COLLISION IN WHICH SUCH PERSON IS INVOLVED,  WHICH  IN  FACT
 HAD BEEN COMMITTED, THOUGH NOT IN THE POLICE OFFICER'S PRESENCE, WHEN HE
 OR  SHE HAS REASONABLE CAUSE TO BELIEVE THAT THE VIOLATION WAS COMMITTED
 BY SUCH PERSON. FOR THE PURPOSES OF  THIS  SUBDIVISION,  POLICE  OFFICER
 SHALL  ALSO  INCLUDE  A PEACE OFFICER AUTHORIZED TO ENFORCE THIS CHAPTER
 WHEN THE ALLEGED VIOLATION CONSTITUTES A CRIME.
   (B) BREATH TEST FOR OPERATORS OF BICYCLES WITH ELECTRIC ASSIST.  EVERY
 PERSON OPERATING A BICYCLE WITH ELECTRIC ASSIST WHICH HAS BEEN  INVOLVED
 IN  AN  ACCIDENT  OR  WHICH  IS  OPERATED  IN  VIOLATION  OF  ANY OF THE
 PROVISIONS OF THIS SECTION WHICH REGULATE THE MANNER IN WHICH A  BICYCLE
 WITH ELECTRIC ASSIST IS TO BE PROPERLY OPERATED SHALL, AT THE REQUEST OF
 A  POLICE  OFFICER,  SUBMIT  TO  A BREATH TEST TO BE ADMINISTERED BY THE
 POLICE OFFICER. IF SUCH TEST INDICATES THAT SUCH OPERATOR  HAS  CONSUMED
 ALCOHOL,  THE  POLICE  OFFICER  MAY REQUEST SUCH OPERATOR TO SUBMIT TO A
 CHEMICAL TEST IN THE MANNER  SET  FORTH  IN  SUBDIVISION  FIVE  OF  THIS
 SECTION.
   5. CHEMICAL TESTS. (A) ANY PERSON WHO OPERATES A BICYCLE WITH ELECTRIC
 ASSIST  SHALL  BE REQUESTED TO CONSENT TO A CHEMICAL TEST OF ONE OR MORE
 OF THE FOLLOWING: BREATH, BLOOD, URINE, OR SALIVA  FOR  THE  PURPOSE  OF
 DETERMINING  THE ALCOHOLIC OR DRUG CONTENT OF HIS OR HER BLOOD, PROVIDED
 THAT SUCH TEST IS ADMINISTERED AT THE DIRECTION OF A POLICE OFFICER: (I)
 HAVING REASONABLE CAUSE TO BELIEVE SUCH PERSON TO HAVE BEEN OPERATING IN
 VIOLATION OF THIS SUBDIVISION OR PARAGRAPH (A), (B), (C), (D) OR (E)  OF

 S. 7508                            195                           A. 9508
 
 SUBDIVISION  ONE  OF THIS SECTION AND WITHIN TWO HOURS AFTER SUCH PERSON
 HAS BEEN PLACED UNDER ARREST FOR ANY SUCH VIOLATION OR (II)  WITHIN  TWO
 HOURS  AFTER  A  BREATH TEST AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION
 FOUR  OF  THIS  SECTION INDICATES THAT ALCOHOL HAS BEEN CONSUMED BY SUCH
 PERSON AND IN ACCORDANCE WITH THE RULES AND REGULATIONS  ESTABLISHED  BY
 THE POLICE FORCE OF WHICH THE OFFICER IS A MEMBER.
   (B)  FOR  THE  PURPOSE OF THIS SUBDIVISION "REASONABLE CAUSE" SHALL BE
 DETERMINED BY VIEWING THE  TOTALITY  OF  CIRCUMSTANCES  SURROUNDING  THE
 INCIDENT  WHICH,  WHEN  TAKEN  TOGETHER,  INDICATE THAT THE OPERATOR WAS
 OPERATING A BICYCLE WITH ELECTRIC ASSIST IN VIOLATION OF  ANY  PARAGRAPH
 OF  SUBDIVISION ONE OF THIS SECTION. SUCH CIRCUMSTANCES MAY INCLUDE, BUT
 ARE NOT LIMITED TO: EVIDENCE THAT THE OPERATOR WAS OPERATING  A  BICYCLE
 WITH  ELECTRIC  ASSIST  IN  VIOLATION  OF ANY PROVISION OF THIS CHAPTER,
 LOCAL LAW, ORDINANCE, ORDER, RULE  OR  REGULATION  WHICH  REGULATES  THE
 MANNER  IN  WHICH A BICYCLE WITH ELECTRIC ASSIST BE PROPERLY OPERATED AT
 THE TIME OF THE INCIDENT; ANY VISIBLE  INDICATION  OF  ALCOHOL  OR  DRUG
 CONSUMPTION  OR IMPAIRMENT BY THE OPERATOR; AND OTHER EVIDENCE SURROUND-
 ING THE CIRCUMSTANCES OF THE INCIDENT WHICH INDICATES THAT THE  OPERATOR
 HAS  BEEN OPERATING A BICYCLE WITH ELECTRIC ASSIST WHILE IMPAIRED BY THE
 CONSUMPTION OF ALCOHOL OR DRUGS OR WAS INTOXICATED AT THE  TIME  OF  THE
 INCIDENT.
   6.  CHEMICAL  TEST  EVIDENCE. (A) UPON THE TRIAL OF ANY SUCH ACTION OR
 PROCEEDING ARISING OUT OF ACTIONS ALLEGED TO HAVE BEEN COMMITTED BY  ANY
 PERSON  ARRESTED  FOR A VIOLATION OF ANY PARAGRAPH OF SUBDIVISION ONE OF
 THIS SECTION, THE COURT SHALL ADMIT EVIDENCE OF THE AMOUNT OF ALCOHOL OR
 DRUGS IN THE DEFENDANT'S BLOOD AS SHOWN BY A TEST ADMINISTERED  PURSUANT
 TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION.
   (B)  THE  FOLLOWING EFFECT SHALL BE GIVEN TO EVIDENCE OF BLOOD ALCOHOL
 CONTENT, AS DETERMINED BY  SUCH  TESTS,  OF  A  PERSON  ARRESTED  FOR  A
 VIOLATION  OF  ANY  PARAGRAPH OF SUBDIVISION ONE OF THIS SECTION AND WHO
 WAS OPERATING A BICYCLE WITH ELECTRIC ASSIST:
   (I) EVIDENCE THAT THERE WAS .05 OF ONE PER CENTUM OR LESS BY WEIGHT OF
 ALCOHOL IN SUCH PERSON'S BLOOD SHALL BE PRIMA FACIE  EVIDENCE  THAT  THE
 ABILITY OF SUCH PERSON TO OPERATE A BICYCLE WITH ELECTRIC ASSIST WAS NOT
 IMPAIRED  BY THE CONSUMPTION OF ALCOHOL, AND THAT SUCH PERSON WAS NOT IN
 AN INTOXICATED CONDITION.
   (II) EVIDENCE THAT THERE WAS MORE THAN .05 OF ONE PER CENTUM BUT  LESS
 THAN  .07  OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD
 SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
 CONDITION, BUT SUCH EVIDENCE SHALL BE RELEVANT EVIDENCE BUT NOT BE GIVEN
 PRIMA FACIE EFFECT, IN DETERMINING WHETHER THE ABILITY OF SUCH PERSON TO
 OPERATE A BICYCLE WITH ELECTRIC ASSIST WAS IMPAIRED BY  THE  CONSUMPTION
 OF ALCOHOL.
   (III)  EVIDENCE  THAT THERE WAS .07 OF ONE PER CENTUM OR MORE BUT LESS
 THAN .08 OF ONE PER CENTUM BY WEIGHT OF ALCOHOL  IN  HIS  OR  HER  BLOOD
 SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
 CONDITION, BUT SUCH EVIDENCE SHALL BE GIVEN PRIMA FACIE EFFECT IN DETER-
 MINING  WHETHER  THE  ABILITY  OF  SUCH PERSON TO OPERATE A BICYCLE WITH
 ELECTRIC ASSIST WAS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
   (C) EVIDENCE OF A REFUSAL TO SUBMIT TO A CHEMICAL TEST OR ANY  PORTION
 THEREOF SHALL BE ADMISSIBLE IN ANY TRIAL OR HEARING PROVIDED THE REQUEST
 TO  SUBMIT  TO SUCH A TEST WAS MADE IN ACCORDANCE WITH THE PROVISIONS OF
 SUBDIVISION FIVE OF THIS SECTION.
   7. LIMITATIONS. (A) A BICYCLE WITH ELECTRIC  ASSIST  OPERATOR  MAY  BE
 CONVICTED  OF  A  VIOLATION  OF PARAGRAPHS (A), (B), (C), (D) AND (E) OF
 SUBDIVISION ONE OF THIS SECTION, NOTWITHSTANDING THAT  THE  CHARGE  LAID

 S. 7508                            196                           A. 9508
 
 BEFORE  THE  COURT ALLEGED A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E)
 OF SUBDIVISION ONE OF THIS SECTION, AND REGARDLESS  OF  WHETHER  OR  NOT
 SUCH CONDITION IS BASED ON A PLEA OF GUILTY.
   (B)  IN  ANY  CASE  WHEREIN THE CHARGE LAID BEFORE THE COURT ALLEGES A
 VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE  OF  THIS
 SECTION,  ANY  PLEA OF GUILTY THEREAFTER ENTERED IN SATISFACTION OF SUCH
 CHARGE MUST INCLUDE AT LEAST A PLEA OF GUILTY TO THE  VIOLATION  OF  THE
 PROVISIONS OF ONE OF THE PARAGRAPHS OF SUCH SUBDIVISION ONE AND NO OTHER
 DISPOSITION  BY  PLEA  OF  GUILTY TO ANY OTHER CHARGE IN SATISFACTION OF
 SUCH CHARGE SHALL BE AUTHORIZED;  PROVIDED,  HOWEVER,  IF  THE  DISTRICT
 ATTORNEY  UPON  REVIEWING  THE  AVAILABLE  EVIDENCE  DETERMINES THAT THE
 CHARGE OF A  VIOLATION  OF  SUBDIVISION  ONE  OF  THIS  SECTION  IS  NOT
 WARRANTED, HE OR SHE MAY CONSENT, AND THE COURT MAY ALLOW, A DISPOSITION
 BY PLEA OF GUILTY TO ANOTHER CHARGE IN SATISFACTION OF SUCH CHARGE.
   8.  ENFORCEMENT  UPON  CRASH.  NOTWITHSTANDING  ANY  PROVISION OF THIS
 SECTION, NO PART OF THIS SECTION MAY BE ENFORCED UNLESS  IN  CONJUNCTION
 WITH  A  CRASH  INVOLVING AN OPERATOR OF A BICYCLE WITH ELECTRIC ASSIST.
 FOR THE PURPOSES OF THIS SUBDIVISION, "CRASH" SHALL MEAN COLLIDING  WITH
 A VEHICLE, PERSON, BUILDING OR OTHER OBJECT.
   § 18. This act shall take effect immediately.
 
                                  PART YY
 
   Section  1.  Section  13 of part U1 of chapter 62 of the laws of 2003,
 amending the vehicle and traffic law and other laws relating to increas-
 ing certain motor vehicle transaction fees, as amended by section  1  of
 part A of chapter 58 of the laws of 2017, is amended to read as follows:
   §  13.  This act shall take effect immediately; [provided however that
 sections one through seven of this act, the amendments to subdivision  2
 of  section  205  of  the tax law made by section eight of this act, and
 section nine of this act shall expire and be deemed repealed on April 1,
 2020; provided further, however, that the provisions of  section  eleven
 of  this  act  shall  take  effect April 1, 2004 and shall expire and be
 deemed repealed on April 1, 2020].
   § 2. Section 2 of part B of chapter 84 of the laws of  2002,  amending
 the  state  finance law relating to the costs of the department of motor
 vehicles, as amended by section 2 of part A of chapter 58 of the laws of
 2015, is amended to read as follows:
   § 2. This act shall take effect April 1, 2002; provided,  however,  if
 this  act  shall become a law after such date it shall take effect imme-
 diately and shall be deemed to have been in full force and effect on and
 after April 1, 2002[; provided further, however,  that  this  act  shall
 expire and be deemed repealed on April 1, 2020].
   § 3. This act shall take effect immediately.
 
                                  PART ZZ
 
   Section  1. Section 5 of chapter 751 of the laws of 2005, amending the
 insurance law and the vehicle and traffic law relating  to  establishing
 the  accident  prevention  course  internet technology pilot program, as
 amended by section 3 of part D of chapter 58 of the  laws  of  2016,  is
 amended to read as follows:
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall expire and be deemed repealed April
 1,  [2020]  2022;  provided  that any rules and regulations necessary to

 S. 7508                            197                           A. 9508
 
 implement the provisions of this act on its effective date  are  author-
 ized and directed to be completed on or before such date.
   § 2. This act shall take effect immediately.
 
                                 PART AAA
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 114-e to read as follows:
   § 114-E. ELECTRIC SCOOTER. EVERY TWO-WHEELED DEVICE THAT  IS  NO  MORE
 THAN  SIXTY INCHES IN LENGTH, TWENTY-SIX INCHES IN WIDTH, AND FIFTY-FIVE
 INCHES IN HEIGHT, WHICH IS DESIGNED TO TRANSPORT ONE PERSON  SITTING  OR
 STANDING  ON  THE  DEVICE  AND  CAN BE PROPELLED BY ANY POWER OTHER THAN
 MUSCULAR POWER.
   § 2. Section 125 of the vehicle and traffic law, as amended by chapter
 365 of the laws of 2008, is amended to read as follows:
   § 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
 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,  (A-2) ELECTRIC SCOOTERS, (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. 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.
   § 3. Subparagraph b of paragraph 1 of subdivision (a) of section  1202
 of the vehicle and traffic law, as amended by chapter 679 of the laws of
 1970, is amended to read as follows:
   b. On a sidewalk, EXCEPT AN ELECTRIC SCOOTER AS DEFINED IN SECTION ONE
 HUNDRED FOURTEEN-E OF THIS CHAPTER;
   §  4.  The  vehicle and traffic law is amended by adding a new article
 34-D to read as follows:
                               ARTICLE 34-D
                      OPERATION OF ELECTRIC SCOOTERS
 SECTION 1280. EFFECT OF REQUIREMENTS.
         1281. TRAFFIC LAWS APPLY TO PERSONS OPERATING ELECTRIC SCOOTERS;
                 LOCAL LAWS.
         1282. OPERATING ELECTRIC SCOOTERS.
         1283. CLINGING TO VEHICLES.
         1284. RIDING ON ROADWAYS, SHOULDERS AND LANES RESERVED FOR  NON-
                 MOTORIZED VEHICLES AND DEVICES.
         1285. LAMPS AND OTHER EQUIPMENT.
         1286. OPERATORS TO WEAR PROTECTIVE HEADGEAR.
         1287. LEAVING  THE  SCENE  OF  AN INCIDENT INVOLVING AN ELECTRIC
                 SCOOTER WITHOUT REPORTING.
         1288. OPERATION OF AN ELECTRIC SCOOTER WHILE UNDER THE INFLUENCE
                 OF ALCOHOL OR DRUGS.

 S. 7508                            198                           A. 9508
 
   § 1280. EFFECT OF REQUIREMENTS. THE PARENT OF ANY CHILD AND THE GUARD-
 IAN OF ANY WARD SHALL NOT AUTHORIZE OR KNOWINGLY PERMIT ANY  SUCH  CHILD
 OR WARD TO VIOLATE ANY OF THE PROVISIONS OF THIS ARTICLE.
   § 1281. TRAFFIC  LAWS  APPLY  TO  PERSONS OPERATING ELECTRIC SCOOTERS;
 LOCAL LAWS. 1. ELECTRIC SCOOTERS MAY ONLY BE OPERATED ON PUBLIC HIGHWAYS
 WITH A POSTED SPEED LIMIT OF THIRTY MILES PER HOUR  OR  LESS,  INCLUDING
 NON-INTERSTATE  PUBLIC  HIGHWAYS,  PRIVATE  ROADS  OPEN TO MOTOR VEHICLE
 TRAFFIC, AND DESIGNATED BICYCLE OR IN-LINE  SKATE  LANES.  EVERY  PERSON
 OPERATING AN ELECTRIC SCOOTER UPON A HIGHWAY OR ROADWAY SHALL BE GRANTED
 ALL  OF  THE RIGHTS AND SHALL BE SUBJECT TO ALL OF THE DUTIES APPLICABLE
 TO THE DRIVER OF A VEHICLE BY THIS TITLE, EXCEPT AS TO SPECIAL  REQUIRE-
 MENTS  IN  THIS  ARTICLE AND EXCEPT AS TO THOSE PROVISIONS OF THIS TITLE
 WHICH BY THEIR NATURE CAN HAVE NO APPLICATION.
   2. THE GOVERNING BODY OF ANY COUNTY, CITY, TOWN  OR  VILLAGE  MAY,  BY
 LOCAL  LAW,  ORDINANCE,  ORDER, RULE OR REGULATION, FURTHER REGULATE THE
 MAXIMUM SPEED, TIME, PLACE AND  MANNER  OF  THE  OPERATION  OF  ELECTRIC
 SCOOTERS  INCLUDING REQUIRING THE USE OF PROTECTIVE HEADGEAR AND WEARING
 READILY VISIBLE REFLECTIVE CLOTHING OR MATERIAL, AND LIMITING OR PROHIB-
 ITING THE USE THEREOF IN SPECIFIED AREAS UNDER THE JURISDICTION OF  SUCH
 COUNTY,  CITY,  TOWN OR VILLAGE OR PROHIBIT ENTIRELY THE USE OF ELECTRIC
 SCOOTERS WITHIN SUCH COUNTY,  CITY,  TOWN  OR  VILLAGE.  NOTWITHSTANDING
 TITLE  EIGHT  OF  THIS  CHAPTER, THE GOVERNING BODY OF ANY COUNTY, CITY,
 TOWN OR VILLAGE MAY NOT AUTHORIZE THE  USE  OF  ELECTRIC  SCOOTERS  UPON
 SIDEWALKS  AND  IT MAY NOT REGULATE THE PARKING, STANDING OR STOPPING OF
 ELECTRIC SCOOTERS ON SIDEWALKS.
   § 1282. OPERATING ELECTRIC SCOOTERS. 1. NO ELECTRIC SCOOTER  SHALL  BE
 USED  TO  CARRY MORE THAN ONE PERSON AT ONE TIME. NO PERSON OPERATING AN
 ELECTRIC SCOOTER SHALL CARRY  ANY  PERSON  AS  A  PASSENGER  IN  A  PACK
 FASTENED TO THE OPERATOR OR FASTENED TO SUCH SCOOTER.
   2.  NO  PERSON  OPERATING AN ELECTRIC SCOOTER SHALL CARRY ANY PACKAGE,
 BUNDLE OR ARTICLE WHICH PREVENTS THE OPERATOR FROM KEEPING AT LEAST  ONE
 HAND  UPON  THE  HANDLE BARS OR WHICH OBSTRUCTS HIS OR HER VISION IN ANY
 DIRECTION.
   3. EVERY PERSON OPERATING AN ELECTRIC SCOOTER SHALL YIELD THE RIGHT OF
 WAY TO PEDESTRIANS.
   4. EVERY OPERATOR OF AN ELECTRIC SCOOTER SHALL BE SIXTEEN YEARS OF AGE
 OR OLDER.
   5. NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER IN  EXCESS  OF  FIFTEEN
 MILES PER HOUR.
   6. THE OPERATION OF AN ELECTRIC SCOOTER ON A SIDEWALK IS PROHIBITED.
   7. (A) THE GOVERNING BODY OF ANY COUNTY, CITY, TOWN OR VILLAGE MAY, BY
 LOCAL  LAW, ORDINANCE, ORDER, RULE OR REGULATION, AUTHORIZE AND REGULATE
 SHARED ELECTRIC SCOOTER  SYSTEMS  WITHIN  SUCH  COUNTY,  CITY,  TOWN  OR
 VILLAGE.  NO  SUCH  SHARED  SYSTEMS SHALL OPERATE WITHIN A CITY, TOWN OR
 VILLAGE EXCEPT AS AUTHORIZED BY SUCH LOCAL LAW, ORDINANCE,  ORDER,  RULE
 OR  REGULATION.  NO SUCH SHARED ELECTRIC SCOOTER SYSTEM SHALL OPERATE ON
 PUBLIC HIGHWAYS IN A COUNTY WITH  A  POPULATION  OF  NO  LESS  THAN  ONE
 MILLION  FIVE  HUNDRED EIGHTY-FIVE THOUSAND AND NO MORE THAN ONE MILLION
 FIVE HUNDRED EIGHTY-SEVEN THOUSAND AS OF THE TWO THOUSAND TEN  DECENNIAL
 CENSUS.  FOR  THE PURPOSES OF THIS SUBDIVISION, THE TERM SHARED ELECTRIC
 SCOOTER SYSTEM SHALL MEAN A NETWORK OF SELF-SERVICE AND PUBLICLY  AVAIL-
 ABLE ELECTRIC SCOOTERS, AND RELATED INFRASTRUCTURE, IN WHICH AN ELECTRIC
 SCOOTER TRIP BEGINS AND/OR ENDS ON ANY PUBLIC HIGHWAY.
   (B)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, ALL
 TRIP DATA, PERSONAL INFORMATION,  IMAGES,  VIDEOS,  AND  OTHER  RECORDED
 IMAGES  COLLECTED BY ANY SHARED ELECTRIC SCOOTER SYSTEM WHICH IS AUTHOR-

 S. 7508                            199                           A. 9508
 
 IZED TO OPERATE WITHIN A CITY, TOWN OR VILLAGE PURSUANT TO THIS SECTION:
 (I) SHALL BE FOR THE EXCLUSIVE  USE  OF  SUCH  SHARED  ELECTRIC  SCOOTER
 SYSTEM  AND  SHALL  NOT BE SOLD, DISTRIBUTED OR OTHERWISE MADE AVAILABLE
 FOR  ANY COMMERCIAL PURPOSE AND (II) SHALL NOT BE DISCLOSED OR OTHERWISE
 MADE ACCESSIBLE EXCEPT: (1) TO THE PERSON WHO IS  THE  SUBJECT  OF  SUCH
 DATA, INFORMATION OR RECORD; OR (2) IF NECESSARY TO COMPLY WITH A LAWFUL
 COURT  ORDER,  JUDICIAL  WARRANT SIGNED BY A JUDGE APPOINTED PURSUANT TO
 ARTICLE III OF THE UNITED STATES CONSTITUTION, OR SUBPOENA FOR  INDIVID-
 UAL  DATA, INFORMATION OR RECORDS PROPERLY ISSUED PURSUANT TO THE CRIMI-
 NAL PROCEDURE LAW OR THE CIVIL PRACTICE LAW AND RULES. PROVIDED,  HOWEV-
 ER, THAT NOTHING CONTAINED IN THIS PARAGRAPH SHALL BE DEEMED TO PRECLUDE
 THE EXCHANGE OF SUCH DATA, INFORMATION OR RECORDED IMAGES SOLELY FOR THE
 PURPOSE OF ADMINISTERING SUCH AUTHORIZED SHARED SYSTEM.
   8. A FIRST VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL RESULT IN
 NO  FINE.  A SECOND OR SUBSEQUENT VIOLATION SHALL RESULT IN A CIVIL FINE
 NOT TO EXCEED FIFTY DOLLARS.
   § 1283. CLINGING TO VEHICLES.  1.  NO  PERSON  OPERATING  AN  ELECTRIC
 SCOOTER  SHALL ATTACH SUCH SCOOTER, OR HIMSELF OR HERSELF TO ANY VEHICLE
 BEING OPERATED UPON A ROADWAY.
   2. NO VEHICLE OPERATOR SHALL KNOWINGLY PERMIT ANY PERSON TO ATTACH ANY
 ELECTRIC SCOOTER OR HIMSELF OR HERSELF TO  SUCH  OPERATOR'S  VEHICLE  IN
 VIOLATION OF SUBDIVISION ONE OF THIS SECTION.
   §  1284.  RIDING ON ROADWAYS, SHOULDERS AND LANES RESERVED FOR NON-MO-
 TORIZED VEHICLES AND DEVICES. 1. UPON ALL ROADWAYS, ANY ELECTRIC SCOOTER
 SHALL BE OPERATED EITHER ON A USABLE BICYCLE OR IN-LINE SKATE  LANE  OR,
 IF  A  USABLE  BICYCLE OR IN-LINE SKATE LANE HAS NOT BEEN PROVIDED, NEAR
 THE RIGHT-HAND CURB OR EDGE OF THE ROADWAY OR UPON A  USABLE  RIGHT-HAND
 SHOULDER IN SUCH A MANNER AS TO PREVENT UNDUE INTERFERENCE WITH THE FLOW
 OF TRAFFIC EXCEPT WHEN PREPARING TO TURN LEFT AT AN INTERSECTION OR WHEN
 REASONABLY  NECESSARY  TO  AVOID CONDITIONS THAT WOULD MAKE IT UNSAFE TO
 CONTINUE ALONG NEAR THE RIGHT-HAND CURB OR EDGE OF THE  ROADWAY.  CONDI-
 TIONS  TO  BE  TAKEN INTO CONSIDERATION INCLUDE, BUT ARE NOT LIMITED TO,
 FIXED OR MOVING OBJECTS, VEHICLES, BICYCLES, IN-LINE SKATERS,  PEDESTRI-
 ANS,  ANIMALS, SURFACE HAZARDS AND TRAFFIC LANES TOO NARROW FOR AN ELEC-
 TRIC SCOOTER AND A VEHICLE TO  TRAVEL  SAFELY  SIDE-BY-SIDE  WITHIN  THE
 LANE.
   2.  PERSONS  OPERATING  ELECTRIC  SCOOTERS  UPON  A ROADWAY SHALL RIDE
 SINGLE FILE. PERSONS OPERATING ELECTRIC SCOOTERS UPON A SHOULDER,  BICY-
 CLE  OR  IN-LINE  SKATE LANE, OR BICYCLE OR IN-LINE SKATE PATH, INTENDED
 FOR THE USE OF BICYCLES, ELECTRIC PERSONAL ASSISTIVE  MOBILITY  DEVICES,
 ELECTRIC  SCOOTERS,  OR  IN-LINE  SKATES MAY RIDE TWO OR MORE ABREAST IF
 SUFFICIENT SPACE IS AVAILABLE, EXCEPT THAT WHEN PASSING A VEHICLE, BICY-
 CLE, ELECTRIC PERSONAL  ASSISTIVE  MOBILITY  DEVICE,  ELECTRIC  SCOOTER,
 PERSON ON IN-LINE SKATES OR PEDESTRIAN STANDING OR PROCEEDING ALONG SUCH
 SHOULDER,  LANE OR PATH, PERSONS OPERATING ELECTRIC SCOOTERS SHALL OPER-
 ATE SUCH SCOOTER IN SINGLE FILE.
   3. ANY PERSON OPERATING AN ELECTRIC SCOOTER WHO IS ENTERING THE  ROAD-
 WAY  FROM A PRIVATE ROAD, DRIVEWAY, ALLEY OR OVER A CURB SHALL COME TO A
 FULL STOP BEFORE ENTERING THE ROADWAY.
   § 1285. LAMPS AND OTHER EQUIPMENT. 1. EVERY ELECTRIC SCOOTER  WHEN  IN
 USE  DURING  THE PERIOD FROM ONE-HALF HOUR AFTER SUNSET TO ONE-HALF HOUR
 BEFORE SUNRISE SHALL BE EQUIPPED WITH A LAMP ON THE  FRONT  WHICH  SHALL
 EMIT  A  WHITE LIGHT VISIBLE DURING HOURS OF DARKNESS FROM A DISTANCE OF
 AT LEAST FIVE HUNDRED FEET TO THE FRONT AND WITH A RED LIGHT VISIBLE  TO
 THE  REAR  FOR THREE HUNDRED FEET. AT LEAST ONE OF THESE LIGHTS SHALL BE
 VISIBLE FOR TWO HUNDRED FEET FROM EACH SIDE.

 S. 7508                            200                           A. 9508
 
   2. NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER UNLESS IT  IS  EQUIPPED
 WITH  A  BELL  OR  OTHER DEVICE CAPABLE OF GIVING A SIGNAL AUDIBLE FOR A
 DISTANCE OF AT LEAST ONE HUNDRED FEET, EXCEPT THAT  SUCH  SCOOTER  SHALL
 NOT  BE  EQUIPPED  WITH  NOR  SHALL ANY PERSON USE UPON SUCH SCOOTER ANY
 SIREN OR WHISTLE.
   3. EVERY ELECTRIC SCOOTER SHALL BE EQUIPPED WITH A SYSTEM THAT ENABLES
 THE OPERATOR TO BRING THE DEVICE TO A CONTROLLED STOP.
   § 1286. OPERATORS TO WEAR PROTECTIVE HEADGEAR. 1. NO PERSON SIXTEEN OR
 SEVENTEEN  YEARS  OF AGE SHALL RIDE UPON, PROPEL OR OTHERWISE OPERATE AN
 ELECTRIC SCOOTER UNLESS SUCH PERSON IS WEARING A HELMET  MEETING  STAND-
 ARDS  ESTABLISHED  BY  THE  COMMISSIONER  PURSUANT  TO THE PROVISIONS OF
 SUBDIVISION TWO-A OF SECTION TWELVE HUNDRED THIRTY-EIGHT OF THIS  TITLE.
 AS  USED  IN  THIS SUBDIVISION, WEARING A HELMET MEANS HAVING A PROPERLY
 FITTING HELMET FIXED SECURELY ON THE HEAD OF SUCH WEARER WITH THE HELMET
 STRAPS SECURELY FASTENED.
   2. ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE  OF  THIS
 SECTION SHALL PAY A CIVIL FINE NOT TO EXCEED FIFTY DOLLARS.
   3.  THE COURT SHALL WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE
 PROVISIONS OF SUBDIVISION ONE OF THIS SECTION WOULD BE  LIABLE  IF  SUCH
 PERSON  SUPPLIES THE COURT WITH PROOF THAT BETWEEN THE DATE OF VIOLATION
 AND THE APPEARANCE DATE FOR SUCH  VIOLATION  SUCH  PERSON  PURCHASED  OR
 RENTED A HELMET, WHICH MEETS THE REQUIREMENTS OF SUBDIVISION ONE OF THIS
 SECTION,  OR IF THE COURT FINDS THAT DUE TO REASONS OF ECONOMIC HARDSHIP
 SUCH PERSON WAS UNABLE TO PURCHASE A HELMET  OR  DUE  TO  SUCH  ECONOMIC
 HARDSHIP  SUCH  PERSON  WAS UNABLE TO OBTAIN A HELMET FROM THE STATEWIDE
 IN-LINE SKATE AND BICYCLE HELMET DISTRIBUTION PROGRAM, AS ESTABLISHED IN
 SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW OR A LOCAL DISTRIBUTION
 PROGRAM. SUCH WAIVER OF FINE SHALL NOT APPLY TO A SECOND  OR  SUBSEQUENT
 CONVICTION UNDER SUBDIVISION ONE OF THIS SECTION.
   4.  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.
   § 1287. LEAVING THE SCENE OF AN INCIDENT INVOLVING AN ELECTRIC SCOOTER
 WITHOUT REPORTING. 1. (A) ANY PERSON EIGHTEEN  YEARS  OF  AGE  OR  OLDER
 OPERATING AN ELECTRIC SCOOTER WHO, KNOWING OR HAVING CAUSE TO KNOW, THAT
 PHYSICAL  INJURY, AS DEFINED IN SUBDIVISION NINE OF SECTION 10.00 OF THE
 PENAL LAW, HAS BEEN CAUSED TO ANOTHER PERSON, DUE TO  THE  OPERATION  OF
 SUCH  ELECTRIC  SCOOTER  BY  SUCH PERSON SHALL, BEFORE LEAVING THE PLACE
 WHERE SUCH PHYSICAL INJURY OCCURRED, STOP AND PROVIDE HIS  OR  HER  NAME
 AND RESIDENCE, INCLUDING STREET AND STREET NUMBER, TO THE INJURED PARTY,
 IF  PRACTICAL,  AND  ALSO  TO  A POLICE OFFICER, OR IN THE EVENT THAT NO
 POLICE OFFICER IS IN THE VICINITY OF THE PLACE OF SAID INJURY, THEN SUCH
 PERSON SHALL REPORT SAID INCIDENT AS SOON  AS  PHYSICALLY  ABLE  TO  THE
 NEAREST POLICE STATION OR JUDICIAL OFFICER.
   (B)  A  VIOLATION  OF  PARAGRAPH  (A)  OF  THIS SUBDIVISION SHALL BE A
 VIOLATION.
   2. (A) ANY PERSON EIGHTEEN YEARS OF AGE OR OLDER OPERATING AN ELECTRIC
 SCOOTER WHO, KNOWING OR HAVING CAUSE  TO  KNOW,  THAT  SERIOUS  PHYSICAL
 INJURY, AS DEFINED IN SUBDIVISION TEN OF SECTION 10.00 OF THE PENAL LAW,
 HAS BEEN CAUSED TO ANOTHER PERSON, DUE TO THE OPERATION OF SUCH ELECTRIC
 SCOOTER  BY SUCH PERSON SHALL, BEFORE LEAVING THE PLACE WHERE SUCH SERI-
 OUS PHYSICAL INJURY OCCURRED, STOP AND PROVIDE HIS OR HER NAME AND RESI-
 DENCE, INCLUDING STREET AND STREET NUMBER,  TO  THE  INJURED  PARTY,  IF
 PRACTICAL,  AND ALSO TO A POLICE OFFICER, OR IN THE EVENT THAT NO POLICE

 S. 7508                            201                           A. 9508
 
 OFFICER IS IN THE VICINITY OF THE PLACE OF SAID INJURY, THEN SUCH PERSON
 SHALL REPORT SAID INCIDENT AS SOON AS PHYSICALLY  ABLE  TO  THE  NEAREST
 POLICE STATION OR JUDICIAL OFFICER.
   (B)  A VIOLATION OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE A CLASS
 B MISDEMEANOR.
   § 1288. OPERATION OF AN ELECTRIC SCOOTER WHILE UNDER THE INFLUENCE  OF
 ALCOHOL  OR  DRUGS. 1. OFFENSES; CRIMINAL PENALTIES. (A) NO PERSON SHALL
 OPERATE AN ELECTRIC SCOOTER WHILE HIS OR HER  ABILITY  TO  OPERATE  SUCH
 ELECTRIC SCOOTER IS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
   (I)  A  VIOLATION OF THIS SUBDIVISION SHALL BE AN OFFENSE AND SHALL BE
 PUNISHABLE BY A FINE OF NOT LESS THAN THREE  HUNDRED  DOLLARS  NOR  MORE
 THAN FIVE HUNDRED DOLLARS, OR BY IMPRISONMENT IN A PENITENTIARY OR COUN-
 TY  JAIL FOR NOT MORE THAN FIFTEEN DAYS, OR BY BOTH SUCH FINE AND IMPRI-
 SONMENT.
   (II) A PERSON WHO OPERATES AN ELECTRIC SCOOTER IN  VIOLATION  OF  THIS
 SUBDIVISION  AFTER  BEING CONVICTED OF A VIOLATION OF ANY SUBDIVISION OF
 THIS SECTION WITHIN THE PRECEDING FIVE YEARS SHALL BE PUNISHED BY A FINE
 OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN SEVEN HUNDRED  FIFTY
 DOLLARS, OR BY IMPRISONMENT OF NOT MORE THAN THIRTY DAYS IN A PENITENTI-
 ARY OR COUNTY JAIL OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (III)  A  PERSON WHO OPERATES AN ELECTRIC SCOOTER IN VIOLATION OF THIS
 SUBDIVISION AFTER BEING CONVICTED TWO OR MORE TIMES OF  A  VIOLATION  OF
 ANY  SUBDIVISION OF THIS SECTION WITHIN THE PRECEDING TEN YEARS SHALL BE
 GUILTY OF A MISDEMEANOR, AND SHALL BE PUNISHED BY A  FINE  OF  NOT  LESS
 THAN  SEVEN HUNDRED FIFTY DOLLARS NOR MORE THAN FIFTEEN HUNDRED DOLLARS,
 OR BY IMPRISONMENT OF NOT MORE THAN ONE HUNDRED EIGHTY DAYS IN  A  PENI-
 TENTIARY OR COUNTY JAIL OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (B)  NO  PERSON  SHALL OPERATE AN ELECTRIC SCOOTER WHILE HE OR SHE HAS
 .08 OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN HIS OR HER  BLOOD,
 BREATH, URINE, OR SALIVA, AS DETERMINED BY THE CHEMICAL TEST MADE PURSU-
 ANT TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION.
   (C)  NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER WHILE HE OR SHE IS IN
 AN INTOXICATED CONDITION.
   (D) NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER WHILE HIS OR HER ABIL-
 ITY TO OPERATE SUCH ELECTRIC SCOOTER IS IMPAIRED BY THE USE OF A DRUG AS
 DEFINED BY SECTION ONE HUNDRED FOURTEEN-A OF THIS CHAPTER.
   (E) NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER WHILE HIS OR HER ABIL-
 ITY TO OPERATE SUCH ELECTRIC SCOOTER IS IMPAIRED BY THE COMBINED  INFLU-
 ENCE  OF DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS AS DEFINED BY SECTION
 ONE HUNDRED FOURTEEN-A OF THIS CHAPTER.
   (F)(I) A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF THIS  SUBDIVI-
 SION SHALL BE A MISDEMEANOR AND SHALL BE PUNISHABLE BY IMPRISONMENT IN A
 PENITENTIARY  OR COUNTY JAIL FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF
 NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE  THOUSAND  DOLLARS,
 OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (II)  A  PERSON WHO OPERATES AN ELECTRIC SCOOTER IN VIOLATION OF PARA-
 GRAPH (B), (C), (D)  OR  (E)  OF  THIS  SUBDIVISION  AFTER  HAVING  BEEN
 CONVICTED  OF  A  VIOLATION  OF  PARAGRAPH  (B), (C), (D) OR (E) OF THIS
 SUBDIVISION, OR OF OPERATING AN ELECTRIC SCOOTER  WHILE  INTOXICATED  OR
 WHILE  UNDER  THE INFLUENCE OF DRUGS, OR WHILE UNDER THE COMBINED INFLU-
 ENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS, WITHIN THE  PRECEDING
 TEN  YEARS, SHALL BE GUILTY OF A CLASS E FELONY AND SHALL BE PUNISHED BY
 A PERIOD OF IMPRISONMENT AS PROVIDED IN THE PENAL LAW, OR BY A  FINE  OF
 NOT  LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN FIVE THOUSAND DOLLARS,
 OR BY BOTH SUCH FINE AND IMPRISONMENT.

 S. 7508                            202                           A. 9508
 
   (III) A PERSON WHO OPERATES AN ELECTRIC SCOOTER IN VIOLATION OF  PARA-
 GRAPH  (B),  (C), (D) OR (E) OF THIS SUBDIVISION AFTER HAVING BEEN TWICE
 CONVICTED OF A VIOLATION OF ANY OF SUCH PARAGRAPH (B), (C), (D)  OR  (E)
 OF THIS SUBDIVISION OR OF OPERATING AN ELECTRIC SCOOTER WHILE INTOXICAT-
 ED  OR  UNDER THE INFLUENCE OF DRUGS, OR WHILE UNDER THE COMBINED INFLU-
 ENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS, WITHIN THE  PRECEDING
 TEN  YEARS, SHALL BE GUILTY OF A CLASS D FELONY AND SHALL BE PUNISHED BY
 A FINE OF NOT LESS THAN TWO THOUSAND DOLLARS NOR MORE THAN TEN  THOUSAND
 DOLLARS  OR BY A PERIOD OF IMPRISONMENT AS PROVIDED IN THE PENAL LAW, OR
 BY BOTH SUCH FINE AND IMPRISONMENT.
   2. SENTENCING LIMITATIONS. NOTWITHSTANDING ANY PROVISION OF THE  PENAL
 LAW,  NO  JUDGE  OR  MAGISTRATE SHALL IMPOSE A SENTENCE OF UNCONDITIONAL
 DISCHARGE FOR A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF  SUBDIVI-
 SION ONE OF THIS SECTION NOR SHALL HE OR SHE IMPOSE A SENTENCE OF CONDI-
 TIONAL  DISCHARGE  UNLESS SUCH CONDITIONAL DISCHARGE IS ACCOMPANIED BY A
 SENTENCE OF A FINE AS PROVIDED IN THIS SECTION.
   3. SENTENCING; PREVIOUS CONVICTIONS. WHEN SENTENCING A  PERSON  FOR  A
 VIOLATION  OF  PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS
 SECTION PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH  (F)  OF  SUBDIVISION
 ONE  OF THIS SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE
 PERSON MAY HAVE FOR A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE,  FOUR,
 OR  FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN THE
 PRECEDING TEN YEARS.  WHEN SENTENCING A PERSON FOR A VIOLATION OF  PARA-
 GRAPH  (B),  (C), (D) OR (E) OF SUBDIVISION ONE OF THIS SECTION PURSUANT
 TO SUBPARAGRAPH (III) OF  PARAGRAPH  (F)  OF  SUBDIVISION  ONE  OF  THIS
 SECTION,  THE  COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY
 HAVE FOR A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR,  OR  FOUR-A
 OF  SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN THE PRECEDING
 TEN YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF SUBPARAGRAPH (II)
 OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS  SECTION,  THE  COURT  SHALL
 CONSIDER  ANY  PRIOR  CONVICTIONS THE PERSON MAY HAVE FOR A VIOLATION OF
 ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITH-
 IN THE PRECEDING FIVE YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF
 SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS  SECTION,
 THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY HAVE FOR A
 VIOLATION  OF  ANY  SUBDIVISION  OF SECTION ELEVEN HUNDRED NINETY-TWO OF
 THIS TITLE WITHIN THE PRECEDING TEN YEARS.
   4. ARREST AND TESTING. (A) NOTWITHSTANDING THE PROVISIONS  OF  SECTION
 140.10  OF  THE  CRIMINAL PROCEDURE LAW, A POLICE OFFICER MAY, WITHOUT A
 WARRANT, ARREST A PERSON, IN CASE OF A VIOLATION  OF  ANY  PARAGRAPH  OF
 SUBDIVISION  ONE  OF  THIS SECTION, IF SUCH VIOLATION IS COUPLED WITH AN
 ACCIDENT OR COLLISION IN WHICH SUCH PERSON IS INVOLVED,  WHICH  IN  FACT
 HAD BEEN COMMITTED, THOUGH NOT IN THE POLICE OFFICER'S PRESENCE, WHEN HE
 OR  SHE HAS REASONABLE CAUSE TO BELIEVE THAT THE VIOLATION WAS COMMITTED
 BY SUCH PERSON.  FOR THE PURPOSES OF  THIS  SUBDIVISION  POLICE  OFFICER
 SHALL  ALSO  INCLUDE  A PEACE OFFICER AUTHORIZED TO ENFORCE THIS CHAPTER
 WHEN THE ALLEGED VIOLATION CONSTITUTES A CRIME.
   (B) BREATH TEST FOR OPERATORS OF  ELECTRIC  SCOOTERS.    EVERY  PERSON
 OPERATING  AN ELECTRIC SCOOTER WHICH HAS BEEN INVOLVED IN AN ACCIDENT OR
 WHICH IS OPERATED IN VIOLATION OF ANY OF THE PROVISIONS OF THIS  SECTION
 WHICH REGULATE THE MANNER IN WHICH AN ELECTRIC SCOOTER IS TO BE PROPERLY
 OPERATED  SHALL,  AT THE REQUEST OF A POLICE OFFICER, SUBMIT TO A BREATH
 TEST TO BE ADMINISTERED BY THE POLICE OFFICER. IF  SUCH  TEST  INDICATES
 THAT  SUCH OPERATOR HAS CONSUMED ALCOHOL, THE POLICE OFFICER MAY REQUEST
 SUCH OPERATOR TO SUBMIT TO A CHEMICAL TEST IN THE MANNER  SET  FORTH  IN
 SUBDIVISION FIVE OF THIS SECTION.

 S. 7508                            203                           A. 9508
 
   5.  CHEMICAL  TESTS.  (A)  ANY PERSON WHO OPERATES AN ELECTRIC SCOOTER
 SHALL BE REQUESTED TO CONSENT TO A CHEMICAL TEST OF ONE OR MORE  OF  THE
 FOLLOWING:  BREATH, BLOOD, URINE, OR SALIVA FOR THE PURPOSE OF DETERMIN-
 ING THE ALCOHOLIC OR DRUG CONTENT OF HIS OR  HER  BLOOD,  PROVIDED  THAT
 SUCH  TEST  IS  ADMINISTERED  AT  THE DIRECTION OF A POLICE OFFICER: (I)
 HAVING REASONABLE CAUSE TO BELIEVE SUCH PERSON TO HAVE BEEN OPERATING IN
 VIOLATION OF THIS SUBDIVISION OR PARAGRAPH (A), (B), (C), (D) OR (E)  OF
 SUBDIVISION  ONE  OF THIS SECTION AND WITHIN TWO HOURS AFTER SUCH PERSON
 HAS BEEN PLACED UNDER ARREST FOR ANY SUCH VIOLATION OR (II)  WITHIN  TWO
 HOURS  AFTER  A  BREATH TEST AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION
 FOUR OF THIS SECTION INDICATES THAT ALCOHOL HAS BEEN  CONSUMED  BY  SUCH
 PERSON  AND  IN ACCORDANCE WITH THE RULES AND REGULATIONS ESTABLISHED BY
 THE POLICE FORCE OF WHICH THE OFFICER IS A MEMBER.
   (B) FOR THE PURPOSE OF THIS SUBDIVISION "REASONABLE  CAUSE"  SHALL  BE
 DETERMINED  BY  VIEWING  THE  TOTALITY  OF CIRCUMSTANCES SURROUNDING THE
 INCIDENT WHICH, WHEN TAKEN TOGETHER,  INDICATE  THAT  THE  OPERATOR  WAS
 OPERATING  AN ELECTRIC SCOOTER IN VIOLATION OF ANY PARAGRAPH OF SUBDIVI-
 SION ONE OF THIS SECTION. SUCH CIRCUMSTANCES MAY INCLUDE,  BUT  ARE  NOT
 LIMITED TO: EVIDENCE THAT THE OPERATOR WAS OPERATING AN ELECTRIC SCOOTER
 IN  VIOLATION  OF  ANY  PROVISION OF THIS CHAPTER, LOCAL LAW, ORDINANCE,
 ORDER, RULE OR REGULATION WHICH REGULATES THE MANNER IN WHICH  AN  ELEC-
 TRIC SCOOTER BE PROPERLY OPERATED AT THE TIME OF THE INCIDENT; ANY VISI-
 BLE INDICATION OF ALCOHOL OR DRUG CONSUMPTION OR IMPAIRMENT BY THE OPER-
 ATOR;  AND  OTHER EVIDENCE SURROUNDING THE CIRCUMSTANCES OF THE INCIDENT
 WHICH INDICATES THAT THE OPERATOR HAS BEEN OPERATING AN ELECTRIC SCOOTER
 WHILE IMPAIRED BY THE CONSUMPTION OF ALCOHOL OR DRUGS OR WAS INTOXICATED
 AT THE TIME OF THE INCIDENT.
   6. CHEMICAL TEST EVIDENCE. (A) UPON THE TRIAL OF ANY  SUCH  ACTION  OR
 PROCEEDING  ARISING OUT OF ACTIONS ALLEGED TO HAVE BEEN COMMITTED BY ANY
 PERSON ARRESTED FOR A VIOLATION OF ANY PARAGRAPH OF SUBDIVISION  ONE  OF
 THIS SECTION, THE COURT SHALL ADMIT EVIDENCE OF THE AMOUNT OF ALCOHOL OR
 DRUGS  IN THE DEFENDANT'S BLOOD AS SHOWN BY A TEST ADMINISTERED PURSUANT
 TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION.
   (B) THE FOLLOWING EFFECT SHALL BE GIVEN TO EVIDENCE OF  BLOOD  ALCOHOL
 CONTENT,  AS  DETERMINED  BY  SUCH  TESTS,  OF  A  PERSON ARRESTED FOR A
 VIOLATION OF ANY PARAGRAPH OF SUBDIVISION ONE OF THIS  SECTION  AND  WHO
 WAS OPERATING AN ELECTRIC SCOOTER:
   (I) EVIDENCE THAT THERE WAS .05 OF ONE PER CENTUM OR LESS BY WEIGHT OF
 ALCOHOL  IN  SUCH  PERSON'S BLOOD SHALL BE PRIMA FACIE EVIDENCE THAT THE
 ABILITY OF SUCH PERSON TO OPERATE AN ELECTRIC SCOOTER WAS  NOT  IMPAIRED
 BY THE CONSUMPTION OF ALCOHOL, AND THAT SUCH PERSON WAS NOT IN AN INTOX-
 ICATED CONDITION.
   (II)  EVIDENCE THAT THERE WAS MORE THAN .05 OF ONE PER CENTUM BUT LESS
 THAN .07 OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH  PERSON'S  BLOOD
 SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
 CONDITION, BUT SUCH EVIDENCE SHALL BE RELEVANT EVIDENCE BUT NOT BE GIVEN
 PRIMA FACIE EFFECT, IN DETERMINING WHETHER THE ABILITY OF SUCH PERSON TO
 OPERATE AN ELECTRIC SCOOTER WAS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
   (III)  EVIDENCE  THAT THERE WAS .07 OF ONE PER CENTUM OR MORE BUT LESS
 THAN .08 OF ONE PER CENTUM BY WEIGHT OF ALCOHOL  IN  HIS  OR  HER  BLOOD
 SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
 CONDITION, BUT SUCH EVIDENCE SHALL BE GIVEN PRIMA FACIE EFFECT IN DETER-
 MINING WHETHER THE ABILITY OF SUCH PERSON TO OPERATE AN ELECTRIC SCOOTER
 WAS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
   (C)  EVIDENCE OF A REFUSAL TO SUBMIT TO A CHEMICAL TEST OR ANY PORTION
 THEREOF SHALL BE ADMISSIBLE IN ANY TRIAL OR HEARING PROVIDED THE REQUEST

 S. 7508                            204                           A. 9508
 
 TO SUBMIT TO SUCH A TEST WAS MADE IN ACCORDANCE WITH THE  PROVISIONS  OF
 SUBDIVISION FIVE OF THIS SECTION.
   7. LIMITATIONS. (A) AN ELECTRIC SCOOTER OPERATOR MAY BE CONVICTED OF A
 VIOLATION OF PARAGRAPHS (A), (B), (D) AND (E) OF SUBDIVISION ONE OF THIS
 SECTION, NOTWITHSTANDING THAT THE CHARGE LAID BEFORE THE COURT ALLEGED A
 VIOLATION  OF  PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS
 SECTION, AND REGARDLESS OF WHETHER OR NOT SUCH CONDITION IS BASED  ON  A
 PLEA OF GUILTY.
   (B)  IN  ANY  CASE  WHEREIN THE CHARGE LAID BEFORE THE COURT ALLEGES A
 VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE  OF  THIS
 SECTION,  ANY  PLEA OF GUILTY THEREAFTER ENTERED IN SATISFACTION OF SUCH
 CHARGE MUST INCLUDE AT LEAST A PLEA OF GUILTY TO THE  VIOLATION  OF  THE
 PROVISIONS  OF  ONE OF THE PARAGRAPHS OF SUBDIVISION ONE OF THIS SECTION
 AND NO OTHER DISPOSITION BY PLEA OF GUILTY TO ANY OTHER CHARGE IN SATIS-
 FACTION OF SUCH CHARGE SHALL BE AUTHORIZED; PROVIDED,  HOWEVER,  IF  THE
 DISTRICT  ATTORNEY UPON REVIEWING THE AVAILABLE EVIDENCE DETERMINES THAT
 THE CHARGE OF A VIOLATION OF SUBDIVISION ONE  OF  THIS  SECTION  IS  NOT
 WARRANTED, HE OR SHE MAY CONSENT, AND THE COURT MAY ALLOW, A DISPOSITION
 BY A PLEA OF GUILTY TO ANOTHER CHARGE IN SATISFACTION OF SUCH CHARGE.
   8.  ENFORCEMENT  UPON  CRASH.  NOTWITHSTANDING  ANY  PROVISION OF THIS
 SECTION, NO PART OF THIS SECTION MAY BE ENFORCED UNLESS  IN  CONJUNCTION
 WITH  A  CRASH  INVOLVING  AN  OPERATOR  OF AN ELECTRIC SCOOTER. FOR THE
 PURPOSES OF THIS SUBDIVISION, CRASH SHALL MEAN FALLING TO THE GROUND  OR
 COLLIDING WITH A VEHICLE, PERSON, BUILDING OR OTHER OBJECT.
   § 5. This act shall take effect immediately.
 
                                 PART BBB
 
   Section 1. Section 410 of the economic development law is REPEALED.
   § 2. Section 3102-b of public authorities law, as added by chapter 562
 of  the  laws  of  1982  and as renumbered by chapter 291 of the laws of
 1990, the opening paragraph as amended by chapter 616  of  the  laws  of
 1991, paragraph (a) of subdivision 1, subdivision 3 and paragraph (a) of
 subdivision  6  as  amended by chapter 191 of the laws of 2010, subdivi-
 sions 5 and 6 as added by chapter 828 of the laws of 1987, is amended to
 read as follows:
   § 3102-b. Centers for  advanced  technology.  In  order  to  encourage
 greater  collaboration  between private industry and the universities of
 the state in the development and application of  new  technologies,  the
 [foundation]  DEPARTMENT  OF  ECONOMIC DEVELOPMENT (HEREINAFTER "DEPART-
 MENT") is authorized to designate for advanced technology such areas  as
 integrated electronics, optics, biotechnology, telecommunications, auto-
 mation  and  robotics,  electronics  packaging,  imaging  technology and
 others identified by the [foundation] DEPARTMENT as  having  significant
 potential  for  economic growth in New York, or in which the application
 of new technologies could significantly  enhance  the  productivity  and
 stability  of  New  York  businesses. Such designations shall be made in
 accordance with the standards and criteria set forth in subdivision  two
 of  this  section.  Centers  so designated shall be eligible for support
 from the [foundation] DEPARTMENT in the manner provided for in  subdivi-
 sion  three  of  this  section,  and  for such additional support as may
 otherwise be provided by law.
   1. As used in this section:
   (a) "center for advanced technology" or "center" means a university or
 university-affiliated research institute or a consortium of such  insti-
 tutions,  designated  by  the  [foundation] DEPARTMENT, which conducts a

 S. 7508                            205                           A. 9508
 
 continuing program of basic and applied research, development, and tech-
 nology commercialization in one or more technological areas, in  collab-
 oration  with  and through the support of private business and industry;
 and
   (b)  "applicant"  means a university or university-affiliated research
 institute or a consortium of such institutions which request designation
 as a center in accordance with such requirements as are  established  by
 the  [foundation] DEPARTMENT for this purpose.  FOR THE PURPOSES OF THIS
 SUBDIVISION, UNIVERSITIES, UNIVERSITY-AFFILIATED RESEARCH INSTITUTES  OR
 A  CONSORTIUM  OF  SUCH INSTITUTIONS DESIGNATED AS CENTERS OF EXCELLENCE
 UNDER SECTION FOUR HUNDRED TEN OF THE ECONOMIC DEVELOPMENT  LAW  AT  THE
 TIME  OF  THE  EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
 TWENTY THAT AMENDED  THIS  SUBDIVISION  MAY  APPLY  FOR  DESIGNATION  AS
 CENTERS FOR ADVANCED TECHNOLOGY.
   2. The [foundation] DEPARTMENT shall:
   (a)  identify  technological  areas for which centers should be desig-
 nated including technological areas that are related to industries  with
 significant  potential  for  economic growth and development in New York
 state and technological areas that are related  to  the  enhancement  of
 productivity in various industries located in New York state.
   (b) establish criteria that applicants must satisfy for designation as
 a center, including, but not limited to the following:
   (i)  an established record of research, development and instruction in
 the area or areas of technology involved;
   (ii) the capacity to conduct research and  development  activities  in
 collaboration with business and industry;
   (iii)  the  capacity  to  secure substantial private and other govern-
 mental funding for the proposed center, in amounts at least equal to the
 total of support sought from the state;
   (iv) the ability and willingness to cooperate with other  institutions
 in  the  state in conducting research and development activities, and in
 disseminating research results; and to work with technical and community
 colleges in the state to enhance the quality of technical  education  in
 the area or areas of technology involved;
   (v)  the  ability  and  willingness to cooperate with the [foundation]
 DEPARTMENT and other economic  development  agencies  in  promoting  the
 growth  and  development  in  New York state of industries based upon or
 benefiting from the area or areas of technology involved.
   (c) establish such  requirements  as  it  deems  appropriate  for  the
 format,  content  and  filing of applications for designation as centers
 for advanced technology.
   (d) establish such procedures as it deems appropriate for  the  evalu-
 ation  of applications for designation as centers for advanced technolo-
 gy, including the  establishment  of  peer  review  panels  composed  of
 nationally  recognized experts in the technological areas and industries
 to which the application is related.
   3. (a) From such funds as may be appropriated for this purpose by  the
 legislature,  the [foundation] DEPARTMENT may provide financial support,
 through contracts or other means, to  designated  centers  for  advanced
 technology,  in  order to enhance and accelerate the development of such
 centers.  Funds received pursuant to this subdivision may  be  used  for
 purchase  of  equipment  and fixtures, employment of faculty and support
 staff, provision of graduate fellowships, and other purposes approved by
 the  [foundation]  DEPARTMENT,  but  may  not  be   used   for   capital
 construction.  In  each  case,  the  amount provided by the [foundation]

 S. 7508                            206                           A. 9508
 
 DEPARTMENT to a center shall be matched by commitments of  support  from
 private and governmental other than state sources provided that:
   (i)  funds  or  in-kind  resources  provided  by the public or private
 university of which the center is a part  may  be  counted  towards  the
 match;
   (ii) such match shall not be required on a project-by-project basis;
   (iii)  matching  funds  received from businesses with no more than one
 hundred employees shall count as double the actual dollar amount  toward
 the center's overall match requirement;
   (iv) funds used by the center for any workforce development activities
 required by the [foundation] DEPARTMENT shall not be included as part of
 the  center's  award  when  determining  the  amount  of  matching funds
 required by the [foundation] DEPARTMENT. Such activities shall  include,
 but  are  not  limited  to, helping incumbent workers expand their skill
 sets through short courses, seminars, and  workshops;  providing  indus-
 try-driven  research assistant opportunities for students, and aiding in
 the development of undergraduate and graduate courses  in  the  center's
 technology  focus  to  help ensure that students are trained to meet the
 needs of industry;
   (v) centers may use not more  then  twenty-five  percent  of  indirect
 costs towards any match requirements.
   (b)  The  amount provided by the [foundation] DEPARTMENT shall be made
 in accordance with the following:
   (i) for the academic year in which it is first funded as a  designated
 center, and the five subsequent years, the amount provided by the [foun-
 dation] DEPARTMENT to a center shall be matched equally by the center;
   (ii)  beginning in the sixth academic year following the academic year
 in which a center is first funded as a designated center  and  for  each
 academic  year  thereafter, amounts provided by the [foundation] DEPART-
 MENT of up to seven hundred fifty  thousand  dollars  shall  be  matched
 equally by the center, amounts in excess of seven hundred fifty thousand
 dollars  shall  be  matched  by  the  center  in amounts of at least the
 percentage set forth herein: in  the  sixth  year,  one  hundred  twenty
 percent;  in  the seventh year, one hundred forty percent; in the eighth
 year, one hundred sixty percent; in the ninth year, one  hundred  eighty
 percent;  in  the  tenth  year  and  each  year  thereafter, two hundred
 percent;
   (iii) beginning in the ninth academic year following the academic year
 in which a center is first funded as a designated center,  the  [founda-
 tion] DEPARTMENT shall evaluate such center's area of advanced technolo-
 gy  to  determine  whether  it  has  continued significant potential for
 enhancing economic growth in New York, or  whether  the  application  of
 technologies  in  the  area could significantly enhance the productivity
 and stability of New York businesses;
   (iv) upon a finding by the [foundation] DEPARTMENT  that  an  area  of
 advanced  technology  has  continued significant potential for enhancing
 economic growth in New York, or that the application of technologies  in
 the  area  could significantly enhance the productivity and stability of
 New York businesses, the [foundation] DEPARTMENT will initiate a  redes-
 ignation process in accordance with the standards and criteria set forth
 in  paragraph  (b)  of subdivision two and in accordance with paragraphs
 (c) and (d) of subdivision two of this section.
   (1) In the event a new center is selected in the  redesignation  proc-
 ess,  the [foundation] DEPARTMENT shall provide funds to such new center
 in accordance with the funding match requirements set forth in  subpara-
 graphs (i) and (ii) of paragraph (a) of this subdivision.

 S. 7508                            207                           A. 9508
 
   (2) In the event a previously designated center is redesignated in the
 same  area of technology, which redesignation is effective for the tenth
 academic year following the first academic year of both designation  and
 funding,  then,  in  that year and in each year thereafter, the [founda-
 tion]  DEPARTMENT shall provide funds of up to seven hundred fifty thou-
 sand dollars to be matched equally by the center, amounts in  excess  of
 seven  hundred  fifty thousand dollars shall be matched by the center in
 amounts of at least two hundred percent.
   (3) In the event a currently designated center is not selected in  the
 redesignation  process  for an additional term, or upon a finding by the
 [foundation] DEPARTMENT that the area of advanced  technology  does  not
 have significant potential for enhancing economic growth in New York, or
 upon  a  finding that the application of technologies in that area would
 not significantly enhance the productivity and  stability  of  New  York
 businesses, then the [foundation] DEPARTMENT shall, in the tenth academ-
 ic  year  following  such  center's  first both designation and funding,
 which year shall be the final year of funding for such  center,  provide
 an amount of up to five hundred thousand dollars.
   (c)  Continued funding of the operations of each center shall be based
 upon a showing that: the center continues to comply  with  the  criteria
 established  by the [foundation] DEPARTMENT pursuant to paragraph (b) of
 subdivision two of this section; a demonstration of assistance to  small
 businesses  in  New  York state through research, technology transfer or
 other means as approved by  the  [foundation]  DEPARTMENT;  evidence  of
 partnerships   with  other  appropriate  entities  to  develop  outreach
 networks and ensure that companies receive access to appropriate federal
 funding for technology development  and  commercialization  as  well  as
 non-research assistance such as general business consulting. Appropriate
 partners  are  those  with  which the center demonstrates a relationship
 that enhances and advances the center's ability to aid  economic  growth
 in New York state; and compliance with the rules, regulations and guide-
 lines of the [foundation] DEPARTMENT; and, compliance with any contracts
 between the [foundation] DEPARTMENT and the designated center.
   (d)  Each  center  shall  report on its activities to the [foundation]
 DEPARTMENT in a manner and according to the schedule established by  the
 [foundation]  DEPARTMENT,  and shall provide such additional information
 as the [foundation] DEPARTMENT may require provided,  that  quantifiable
 economic  development  impact  measures are not restricted to any period
 less than five years and that centers provide a full description of  all
 non-quantifiable  measures.  The  [foundation] DEPARTMENT shall evaluate
 center operations using methods such as site visits, reporting of speci-
 fied information and peer review evaluations using experts in the  field
 of  technology  in  which  the  center  was designated. The [foundation]
 DEPARTMENT shall notify each center of the results  of  its  evaluations
 and  findings  of  deficiencies  in  the operation of such center or its
 research, education,  or  technology  commercialization  activities  and
 shall  work  with  such centers to remedy such findings. If such factors
 are not remedied, the [foundation] DEPARTMENT  may  withdraw  the  state
 funding  support,  in  whole  or  in part, or withdraw the center desig-
 nation.
   (e) In order to encourage that the results of center research  benefit
 New  York  state, designation and continued funding of each center shall
 be contingent upon  each  center's  establishing  within  its  licensing
 guidelines  the  following:  after  payment  of  the inventor's share, a
 reduced payment due to the university of any royalty,  income  or  other
 consideration  earned  from the license or sale of intellectual property

 S. 7508                            208                           A. 9508
 
 rights created or developed at, or through the use of, the facilities of
 the center by any person or entity if the manufacturing or use resulting
 from such intellectual property rights occurs within New York state. The
 [foundation] DEPARTMENT shall promulgate rules and regulations regarding
 the  provisions  of  the  licensing  guidelines described herein as they
 apply to such reduced payment, and such provisions shall be  subject  to
 the approval of the [foundation] DEPARTMENT.
   4.  From  such  funds  as  may be appropriated for this purpose by the
 legislature, the [foundation] DEPARTMENT may provide grants to  any  one
 university or university-affiliated research institution for purposes of
 planning  and  program  development aimed at enabling such university or
 university-affiliated research institution to qualify for designation as
 a center. Such grants shall be awarded on a competitive basis, and shall
 be available only to those applicants  which  in  the  judgment  of  the
 [foundation]  DEPARTMENT  may reasonably be expected to be designated as
 centers. No applicant shall receive more than one such grant.
   5. (a) From such funds as may  be  appropriated  for  the  purpose  of
 incentive grants or other funds which may be available from the [founda-
 tion] DEPARTMENT to enhance center activities in areas of crucial inter-
 est in the state's economic development, the [foundation] DEPARTMENT may
 provide  grants, on a competitive basis, to centers for projects includ-
 ing, but not limited to, those which:
   (i) explore new technologies  with  commercial  application  conducted
 jointly  by  two  or more centers or a center and non-center university,
 college or community college;
   (ii) are aimed at enhancing or accelerating the  process  of  bringing
 new  products,  particularly  those under development by new small busi-
 nesses, to the marketplace; or
   (iii) increase technology transfer projects with  the  state's  mature
 manufacturing  industries  in applying technology in their manufacturing
 processes or for new product development.
   (b) State support for incentive grants may be matched on an individual
 basis by the [foundation] DEPARTMENT, which may  consider  the  type  of
 project  and  the  availability  of amounts from private, university and
 governmental, other than state, sources.
   6. (a) The [foundation] DEPARTMENT shall make an annual report of  the
 centers for advanced technology program to the governor and the legisla-
 ture  not  later  than  September  first of each year. Such report shall
 include, but not be  limited  to,  the  results  of  the  [foundation's]
 DEPARTMENT'S evaluation of each center, a description of the achievement
 of  each center, any deficiencies in the operation of each center or its
 research, education and technology commercialization activities, remedi-
 al actions recommended by the [foundation] DEPARTMENT, remedial  actions
 taken  by  each  center,  a description of the small business assistance
 provided by each center, a description of any  incentive  grant  program
 awarded  a  grant by the [foundation] DEPARTMENT and the achievements of
 such program, and the amount of financial  assistance  provided  by  the
 [foundation] DEPARTMENT and the level of matching funds provided by each
 center and the uses of such monies.
   (b)  Annual  reports shall include a discussion of any fields of tech-
 nology that the [foundation] DEPARTMENT has identified as having signif-
 icant potential for economic growth or improved productivity and stabil-
 ity of  New  York  businesses  and  in  which  no  center  for  advanced
 technology  has  been designated and recommendations of the [foundation]
 DEPARTMENT as to actions that should be taken.

 S. 7508                            209                           A. 9508
 
   § 3. This act shall take effect immediately;  provided,  however  that
 section one of this act shall not take effect until June 30, 2021.
 
                                 PART CCC
 
   Section  1.  Subsections  (e) and (g) of section 7002 of the insurance
 law, as amended by chapter 188 of the laws of 2003, are amended to  read
 as follows:
   (e) "Industrial insured" means an insured:
   (1) whose net worth exceeds one hundred million dollars;
   (2)  who  is  a  member  of  a  holding company system whose net worth
 exceeds one hundred million dollars;
   (3) who is the metropolitan transportation authority and its statutory
 subsidiaries. When filing an application to form a pure  captive  insur-
 ance  company  the  metropolitan  transportation  authority shall submit
 written notice of such filing to the governor, the  temporary  president
 of the senate and the speaker of the assembly; [or]
   (4) WHO IS THE POWER AUTHORITY OF THE STATE OF NEW YORK AND ANY STATU-
 TORY SUBSIDIARY OR AFFILIATE THEREOF. WHEN FILING AN APPLICATION TO FORM
 A  PURE CAPTIVE INSURANCE COMPANY THE POWER AUTHORITY SHALL SUBMIT WRIT-
 TEN NOTICE OF SUCH FILING TO THE GOVERNOR, THE  TEMPORARY  PRESIDENT  OF
 THE SENATE AND THE SPEAKER OF THE ASSEMBLY; OR
   (5)  who  is  a  city  with  a population of one million or more. When
 filing an application to form a pure captive insurance company,  a  city
 with  a population of one million or more shall submit written notice of
 such filing to the governor, the temporary president of the  senate  and
 the speaker of the assembly.
   (g)  "Industrial insured group" means any group of unaffiliated indus-
 trial insureds that are engaged in  similar  or  related  businesses  or
 activities,  however,  the  metropolitan  transportation  authority, THE
 POWER AUTHORITY OF THE STATE OF NEW YORK AND ANY STATUTORY SUBSIDIARY OR
 AFFILIATE THEREOF and cities with a population of one  million  or  more
 shall  not  be a member of an industrial insured group, and that collec-
 tively:
   (1) own, control or hold with power to vote  all  of  the  outstanding
 voting shares of stock of a group captive insurance company incorporated
 as a stock insurer; or
   (2)  represent  one  hundred  percent of the voting members of a group
 captive insurance company organized as a mutual insurer.
   § 2. Section 1005 of the public authorities law is amended by adding a
 new subdivision 28 to read as follows:
   28. THE AUTHORITY MAY  ESTABLISH  A  SUBSIDIARY  CORPORATION  FOR  THE
 PURPOSE  OF  FORMING  A  PURE  CAPTIVE  INSURANCE COMPANY AS PROVIDED IN
 SECTION SEVEN THOUSAND TWO OF THE INSURANCE LAW.  THE  MEMBERS  OF  SUCH
 SUBSIDIARY  CORPORATION OF THE AUTHORITY SHALL BE THE SAME PERSONS HOLD-
 ING THE OFFICES OF MEMBERS OF THE AUTHORITY. SUCH SUBSIDIARY CORPORATION
 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 SUBSIDIARY CORPORATION OF  THE  AUTHORITY  SHALL  BE
 SUBJECT  TO  SUIT  IN  ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF
 THIS TITLE. THE EMPLOYEES OF ANY  SUCH  SUBSIDIARY  CORPORATION,  EXCEPT
 THOSE  WHO  ARE  ALSO  EMPLOYEES  OF  THE AUTHORITY, SHALL NOT BE DEEMED
 EMPLOYEES OF THE AUTHORITY.
   § 3. Subdivision (a) of section 1500 of the tax  law,  as  amended  by
 section  21  of  part A of chapter 59 of the laws of 2014, is amended to
 read as follows:

 S. 7508                            210                           A. 9508
 
   (a) The term "insurance corporation" includes a  corporation,  associ-
 ation,  joint stock company or association, person, society, aggregation
 or partnership, by whatever name known,  doing  an  insurance  business,
 and, notwithstanding the provisions of section fifteen hundred twelve of
 this  article,  shall  include  (1) a risk retention group as defined in
 subsection (n) of section five thousand nine hundred two of  the  insur-
 ance  law,  (2)  the state insurance fund and (3) a corporation, associ-
 ation, joint stock company or association, person, society,  aggregation
 or  partnership  doing an insurance business as a member of the New York
 insurance exchange described in section six thousand two hundred one  of
 the  insurance  law.  The  definition  of  the  "state  insurance  fund"
 contained in this subdivision shall be limited  in  its  effect  to  the
 provisions  of  this  article and the related provisions of this chapter
 and shall have no force and effect  other  than  with  respect  to  such
 provisions.  The  term  "insurance  corporation"  shall  also  include a
 captive insurance company doing a captive insurance business, as defined
 in subsections (c) and (b), respectively, of section seven thousand  two
 of  the  insurance law; provided, however, "insurance corporation" shall
 not include the metropolitan transportation authority, THE POWER AUTHOR-
 ITY OF NEW YORK OR ANY STATUTORY SUBSIDIARY OR AFFILIATE THEREOF,  or  a
 public  benefit  corporation  or  not-for-profit corporation formed by a
 city with a population of one million or more pursuant to subsection (a)
 of section seven thousand five of the insurance law, each  of  which  is
 expressly exempt from the payment of fees, taxes or assessments, whether
 state  or  local;  and provided further "insurance corporation" does not
 include any combinable captive insurance company.  The  term  "insurance
 corporation"  shall  also include an unauthorized insurer operating from
 an office within the state, pursuant to paragraph five of subsection (b)
 of section one thousand one hundred one and subsection  (i)  of  section
 two  thousand  one  hundred  seventeen  of  the  insurance law. The term
 "insurance corporation" also includes a health maintenance  organization
 required  to  obtain a certificate of authority under article forty-four
 of the public health law.
   § 4. Subdivision (a) of section 1502-b of the tax law, as  amended  by
 section  22  of  part A of chapter 59 of the laws of 2014, is amended to
 read as follows:
   (a) In lieu of the taxes and tax surcharge imposed by sections fifteen
 hundred one, fifteen hundred two-a, fifteen hundred five-a, and  fifteen
 hundred ten of this article, every captive insurance company licensed by
 the  superintendent  of financial services pursuant to the provisions of
 article seventy of the insurance law, other than the metropolitan trans-
 portation authority, THE POWER AUTHORITY OF NEW YORK  OR  ANY  STATUTORY
 SUBSIDIARY  OR  AFFILIATE  THEREOF,  and a public benefit corporation or
 not-for-profit corporation formed by a city with  a  population  of  one
 million  or  more  pursuant  to subsection (a) of section seven thousand
 five of the insurance law, each of which is expressly  exempt  from  the
 payment  of fees, taxes or assessments whether state or local, and other
 than combinable captive insurance company, shall, for the  privilege  of
 exercising  its  corporate  franchise, pay a tax on (1) all gross direct
 premiums, less return premiums thereon,  written  on  risks  located  or
 resident  in  this  state and (2) all assumed reinsurance premiums, less
 return premiums thereon, written on risks located or  resident  in  this
 state.  The  rate  of  the tax imposed on gross direct premiums shall be
 four-tenths of one percent on all  or  any  part  of  the  first  twenty
 million  dollars  of premiums, three-tenths of one percent on all or any
 part of the second twenty million dollars of premiums, two-tenths of one

 S. 7508                            211                           A. 9508
 
 percent on all or any part of the third twenty million dollars of premi-
 ums, and seventy-five thousandths of  one  percent  on  each  dollar  of
 premiums thereafter. The rate of the tax on assumed reinsurance premiums
 shall  be  two  hundred twenty-five thousandths of one percent on all or
 any part of the first twenty million dollars of  premiums,  one  hundred
 and  fifty  thousandths  of one percent on all or any part of the second
 twenty million dollars of premiums, fifty thousandths of one percent  on
 all  or  any  part  of  the third twenty million dollars of premiums and
 twenty-five thousandths of one percent on each dollar of premiums there-
 after. The tax imposed by this section shall be equal to the greater  of
 (i)  the  sum  of  the  tax imposed on gross direct premiums and the tax
 imposed on assumed reinsurance premiums or (ii) five thousand dollars.
   § 5. This act shall take effect immediately.
 
                                 PART DDD
 
   Section 1. Legislative findings and  intent.  The  legislature  hereby
 finds, determines and declares the following:
   The  planning, development and operation of the Hudson River Park as a
 public park continues to be a matter of  importance  to  the  state.  As
 detailed in the 1998 law creating the park and the trust, chapter 592 of
 the  laws  of 1998, the creation, development, operation and maintenance
 of the Hudson River Park will enhance and protect the natural,  cultural
 and  historic  aspects  of  the Hudson River, enhance and afford quality
 public access to the river, allow for an array of  cultural  and  recre-
 ational programs and provide a host of other public benefits. The chang-
 es  to  the 1998 law by this act are intended to, after decades of delay
 and inaction, finally   effectuate the park's general  project  plan  as
 defined  in  chapter  592 of the laws of 1998, which continues to be the
 operative planning document guiding  park  development,  protection  and
 reuse  of  a  portion  of the Hudson River waterfront in lower Manhattan
 south of 59th street, and are intended to ensure the realization of that
 vision and the park's continuing viability for years  to  come.  Nothing
 herein  is  intended  to  alter  or  override  any  prior determinations
 concerning park planning, development or operation.
   § 2. Paragraph (c) of subdivision 9 of section 7 of chapter 592 of the
 laws of 1998, constituting the Hudson river  park  act,  as  amended  by
 chapter 517 of the laws of 2013, is amended to read as follows:
   (c)  [The  city of New York shall use best efforts to relocate the tow
 pound on Pier 76. Subsequent to relocation of the tow pound, the city of
 New York shall promptly convey to the trust  a  possessory  interest  in
 Pier  76  consistent with such interest previously conveyed with respect
 to other portions of the park, provided that at least fifty  percent  of
 the  Pier  76  footprint shall be used for park uses that are limited to
 passive and active open space and which shall be contiguous to water and
 provided further that the remaining portion shall be for park/commercial
 use. Upon such conveyance, Pier 76 shall become part of the  park.]  (I)
 ON OR BEFORE DECEMBER 31, 2020, THE CITY OF NEW YORK SHALL CONVEY TO THE
 TRUST  A  POSSESSORY  INTEREST  IN PIER 76 CONSISTENT WITH SUCH INTEREST
 PREVIOUSLY CONVEYED WITH RESPECT TO OTHER PORTIONS  OF  THE  PARK.  UPON
 SUCH  CONVEYANCE,  PIER  76  SHALL BECOME PART OF THE PARK AND FOLLOWING
 REDEVELOPMENT AT LEAST FIFTY PERCENT OF THE PIER 76 FOOTPRINT  SHALL  BE
 USED FOR PARK USES THAT ARE LIMITED TO PASSIVE AND ACTIVE OPEN SPACE AND
 WHICH  SHALL  BE  CONTIGUOUS  TO  WATER;  AND  PROVIDED FURTHER THAT THE
 REMAINING PORTION SHALL BE FOR PARK/COMMERCIAL USE. (II) THE CITY OF NEW
 YORK SHALL, PRIOR TO DECEMBER 31, 2020, CEASE  USING  PIER  76  FOR  ANY

 S. 7508                            212                           A. 9508
 
 PURPOSES. SHOULD THE CITY OF NEW YORK CONTINUE TO OCCUPY PIER 76 FOR ANY
 PURPOSE  SUBSEQUENT  TO THE CONVEYANCE OF DECEMBER 31, 2020, THE CITY OF
 NEW YORK SHALL (A) COMPENSATE THE TRUST IN THE AMOUNT OF TWELVE  MILLION
 DOLLARS,  AND  (B) BEGINNING FEBRUARY 1, 2021, PAY RENT IN THE AMOUNT OF
 THREE MILLION DOLLARS FOR EACH COMPLETE OR PARTIAL MONTH  OF  OCCUPANCY.
 (III)  ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF 2020
 WHICH AMENDED THIS PARAGRAPH, THE TRUST SHALL BE ENTITLED TO  REASONABLE
 ACCESS  TO  PIER  76  FOR  THE  PURPOSE  OF  CONDUCTING  ASSESSMENTS AND
 INSPECTIONS NECESSARY TO FURTHER REDEVELOPMENT OF PIER 76 FOLLOWING  ITS
 INCLUSION IN THE PARK.
   § 3. This act shall take effect immediately.
 
                                 PART EEE
 
   Section  1. Section 5 of chapter 451 of the laws of 2017, enacting the
 New York Buy American Act, is amended to read as follows:
   § 5. This act shall take effect April 1, 2018 and shall apply  to  any
 state  contracts  executed  and  entered  into on or after such date and
 shall exclude such contracts that have been previously awarded  or  have
 pending  bids  or  pending  requests for proposals issued as of April 1,
 2018, and shall not apply to projects that have commenced project design
 and environmental studies prior to such date[; provided,  however,  that
 this act shall expire and be deemed repealed April 15, 2020].
   § 2. This act shall take effect immediately.

                                 PART FFF
 
   Section  1.  The labor law is amended by adding a new section 224-a to
 read as follows:
   § 224-A.  PREVAILING  WAGE  REQUIREMENTS  APPLICABLE  TO  CONSTRUCTION
 PROJECTS  PERFORMED UNDER PRIVATE CONTRACT. 1. SUBJECT TO THE PROVISIONS
 OF THIS SECTION, EACH "COVERED PROJECT" AS DEFINED IN THIS SECTION SHALL
 BE SUBJECT TO PREVAILING WAGE REQUIREMENTS IN  ACCORDANCE  WITH  SECTION
 TWO  HUNDRED TWENTY AND TWO HUNDRED TWENTY-B OF THIS ARTICLE. A "COVERED
 PROJECT" SHALL MEAN CONSTRUCTION WORK DONE UNDER CONTRACT WHICH IS  PAID
 FOR  IN  WHOLE OR IN PART OUT OF PUBLIC FUNDS AS SUCH TERM IS DEFINED IN
 THIS SECTION WHERE THE AMOUNT OF ALL SUCH PUBLIC FUNDS, WHEN AGGREGATED,
 IS AT LEAST THIRTY PERCENT OF THE TOTAL CONSTRUCTION PROJECT  COSTS  AND
 WHERE  SUCH  PROJECT  COSTS  ARE  OVER  FIVE  MILLION  DOLLARS EXCEPT AS
 PROVIDED FOR BY SECTION TWO HUNDRED TWENTY-FOUR-C OF THIS ARTICLE.
   2. FOR PURPOSES OF THIS SECTION, "PAID FOR IN WHOLE OR IN PART OUT  OF
 PUBLIC FUNDS" SHALL MEAN ANY OF THE FOLLOWING:
   A.  THE  PAYMENT OF MONEY, BY A PUBLIC ENTITY DIRECTLY TO OR ON BEHALF
 OF THE CONTRACTOR, SUBCONTRACTOR, DEVELOPER OR OWNER THAT IS NOT SUBJECT
 TO REPAYMENT;
   B. THE SAVINGS ACHIEVED FROM FEES, RENTS,  INTEREST  RATES,  OR  OTHER
 LOAN  COSTS,  OR  INSURANCE COSTS THAT ARE LOWER THAN MARKET RATE COSTS;
 SAVINGS FROM REDUCED TAXES AS A RESULT OF TAX CREDITS,  TAX  ABATEMENTS,
 TAX  EXEMPTIONS  OR  TAX INCREMENT FINANCING; AND ANY OTHER SAVINGS FROM
 REDUCED, WAIVED, OR FORGIVEN COSTS THAT WOULD HAVE OTHERWISE BEEN  AT  A
 HIGHER OR MARKET RATE BUT FOR THE INVOLVEMENT OF THE PUBLIC ENTITY;
   C. MONEY LOANED BY THE PUBLIC ENTITY THAT IS TO BE REPAID ON A CONTIN-
 GENT BASIS; OR
   D.  CREDITS THAT ARE APPLIED BY THE PUBLIC ENTITY AGAINST REPAYMENT OF
 OBLIGATIONS TO THE PUBLIC ENTITY.

 S. 7508                            213                           A. 9508
 
   3. FOR PURPOSES OF THIS SECTION, "PAID FOR IN WHOLE OR IN PART OUT  OF
 PUBLIC FUNDS" SHALL NOT INCLUDE:
   A.  BENEFITS UNDER SECTION FOUR HUNDRED TWENTY-ONE-A OF THE REAL PROP-
 ERTY TAX LAW;
   B. FUNDS THAT ARE NOT PROVIDED PRIMARILY TO PROMOTE,  INCENTIVIZE,  OR
 ENSURE  THAT  CONSTRUCTION  WORK  IS PERFORMED, WHICH WOULD OTHERWISE BE
 CAPTURED IN SUBDIVISION TWO OF THIS SECTION;
   C. FUNDS USED TO INCENTIVIZE OR ENSURE THE DEVELOPMENT OF A COMPREHEN-
 SIVE SEWAGE SYSTEM, INCLUDING CONNECTION  TO  EXISTING  SEWER  LINES  OR
 CREATION  OF NEW SEWAGE LINES OR SEWER CAPACITY, PROVIDED, HOWEVER, THAT
 SUCH WORK SHALL BE  DEEMED  TO  BE  A  PUBLIC  WORK  COVERED  UNDER  THE
 PROVISIONS OF THIS ARTICLE;
   D.  TAX BENEFITS PROVIDED FOR PROJECTS THE VALUE OF WHICH ARE NOT ABLE
 TO BE CALCULATED AT THE TIME THE WORK IS TO BE PERFORMED; AND
   E. ANY OTHER PUBLIC MONIES, CREDITS, SAVINGS OR LOANS,  DETERMINED  BY
 THE PUBLIC SUBSIDY BOARD CREATED IN SECTION TWO HUNDRED TWENTY-FOUR-C OF
 THIS ARTICLE AS EXEMPT FROM THIS DEFINITION.
   4.  FOR  PURPOSES  OF THIS SECTION "COVERED PROJECT" SHALL NOT INCLUDE
 ANY OF THE FOLLOWING:
   A. CONSTRUCTION WORK ON ONE OR TWO FAMILY DWELLINGS WHERE THE PROPERTY
 IS THE OWNER'S PRIMARY RESIDENCE,  OR  CONSTRUCTION  WORK  PERFORMED  ON
 PROPERTY WHERE THE OWNER OF THE PROPERTY OWNS NO MORE THAN FOUR DWELLING
 UNITS;
   B.  CONSTRUCTION WORK PERFORMED UNDER A CONTRACT WITH A NOT-FOR-PROFIT
 CORPORATION AS DEFINED IN SECTION ONE HUNDRED TWO OF THE  NOT-FOR-PROFIT
 CORPORATION  LAW,  OTHER THAN A NOT-FOR-PROFIT CORPORATION FORMED EXCLU-
 SIVELY FOR THE PURPOSE OF  HOLDING  TITLE  TO  PROPERTY  AND  COLLECTING
 INCOME  THEREOF  OR  A  LOCAL DEVELOPMENT CORPORATION FORMED PURSUANT TO
 SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT  CORPORATION  LAW,
 WHERE  THE  NOT-FOR-PROFIT  CORPORATION  HAS  GROSS  ANNUAL  REVENUE AND
 SUPPORT LESS THAN FIVE MILLION DOLLARS;
   C. CONSTRUCTION WORK PERFORMED ON A MULTIPLE RESIDENCE  AND/OR  ANCIL-
 LARY AMENITIES OR INSTALLATIONS THAT IS WHOLLY PRIVATELY OWNED IN ANY OF
 THE  FOLLOWING  CIRCUMSTANCES  EXCEPT  AS  PROVIDED  FOR  BY SECTION TWO
 HUNDRED TWENTY-FOUR-C OF THIS ARTICLE:
   (I) WHERE NO LESS THAN THIRTY PERCENT OF  THE  RESIDENTIAL  UNITS  ARE
 AFFORDABLE  FOR  HOUSEHOLDS  UP  TO  EIGHTY  PERCENT  OF THE AREA MEDIAN
 INCOME, PROVIDED THAT AREA MEDIAN INCOME SHALL BE  ADJUSTED  FOR  FAMILY
 SIZE, AS CALCULATED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
 DEVELOPMENT, PROVIDED THAT THE PERIOD OF AFFORDABILITY FOR A RESIDENTIAL
 UNIT  DEEMED  AFFORDABLE UNDER THE PROVISIONS OF THIS PARAGRAPH SHALL BE
 FOR NO LESS THAN FIFTEEN YEARS FROM THE DATE OF CONSTRUCTION; OR
   (II) WHERE NO LESS THAN THIRTY-FIVE PERCENT OF THE  RESIDENTIAL  UNITS
 INVOLVES  THE  PROVISION  OF  SUPPORTIVE HOUSING SERVICES FOR VULNERABLE
 POPULATIONS;
   (III) WHERE CONSTRUCTION WORK IS PERFORMED ON A BUILDING PAID  FOR  IN
 WHOLE OR IN PART OUT OF PUBLIC FUNDS ON AFFORDABLE UNITS FOR PURPOSES OF
 ENSURING  THAT  THE  AFFORDABLE  UNITS  ARE  CREATED OR RETAINED AND ARE
 SUBJECT TO A REGULATORY  AGREEMENT  WITH  A  LOCAL,  STATE,  OR  FEDERAL
 GOVERNMENTAL ENTITY; OR
   (IV)  ANY  OTHER AFFORDABLE OR SUBSIDIZED HOUSING AS DETERMINED BY THE
 PUBLIC SUBSIDY BOARD ESTABLISHED BY SECTION TWO HUNDRED TWENTY-FOUR-C OF
 THIS ARTICLE.
   D. CONSTRUCTION WORK PERFORMED ON A MANUFACTURED HOME PARK AS  DEFINED
 IN  PARAGRAPH THREE OF SUBDIVISION A OF SECTION TWO HUNDRED THIRTY-THREE
 OF THE REAL PROPERTY LAW WHERE THE MANUFACTURED HOME PARK IS SUBJECT  TO

 S. 7508                            214                           A. 9508
 
 A  REGULATORY  AGREEMENT  WITH  A  LOCAL, STATE, OR FEDERAL GOVERNMENTAL
 ENTITY FOR NO LESS THAN FIFTEEN YEARS;
   E.  CONSTRUCTION WORK PERFORMED UNDER A PRE-HIRE COLLECTIVE BARGAINING
 AGREEMENT BETWEEN AN OWNER OR CONTRACTOR AND A BONA  FIDE  BUILDING  AND
 CONSTRUCTION  TRADE  LABOR  ORGANIZATION WHICH HAS ESTABLISHED ITSELF AS
 THE COLLECTIVE  BARGAINING  REPRESENTATIVE  FOR  ALL  PERSONS  WHO  WILL
 PERFORM WORK ON SUCH A PROJECT, AND WHICH PROVIDES THAT ONLY CONTRACTORS
 AND  SUBCONTRACTORS  WHO  SIGN A PRE-NEGOTIATED AGREEMENT WITH THE LABOR
 ORGANIZATION CAN PERFORM WORK ON SUCH A PROJECT,  OR  CONSTRUCTION  WORK
 PERFORMED UNDER A LABOR PEACE AGREEMENT, PROJECT LABOR AGREEMENT, OR ANY
 OTHER CONSTRUCTION WORK PERFORMED UNDER AN ENFORCEABLE AGREEMENT BETWEEN
 AN  OWNER  OR CONTRACTOR AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE
 LABOR ORGANIZATION;
   F. CONSTRUCTION WORK PERFORMED ON PROJECTS FUNDED BY SECTION SIXTEEN-N
 OF THE URBAN DEVELOPMENT CORPORATION ACT OR THE DOWNTOWN  REVITALIZATION
 INITIATIVE;
   G. CONSTRUCTION WORK AND ENGINEERING AND CONSULTING SERVICES PERFORMED
 IN CONNECTION WITH THE INSTALLATION OF A RENEWABLE ENERGY SYSTEM, RENEW-
 ABLE HEATING OR COOLING SYSTEM, OR ENERGY STORAGE SYSTEM, WITH A CAPACI-
 TY EQUAL TO OR UNDER FIVE MEGAWATTS ALTERNATING CURRENT;
   H.  CONSTRUCTION  WORK  PERFORMED ON SUPERMARKET RETAIL SPACE BUILT OR
 RENOVATED WITH TAX INCENTIVES PROVIDED UNDER THE FOOD  RETAIL  EXPANSION
 TO  SUPPORT  HEALTH (FRESH) PROGRAM THROUGH THE NEW YORK CITY INDUSTRIAL
 DEVELOPMENT AGENCY;
   I. CONSTRUCTION WORK PERFORMED FOR INTERIOR FIT-OUTS AND  IMPROVEMENTS
 UNDER  TEN  THOUSAND  SQUARE  FEET  THROUGH  SMALL  BUSINESS  INCUBATION
 PROGRAMS OPERATED BY THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION;
   J. CONSTRUCTION WORK ON SPACE TO BE USED  AS  A  SCHOOL  UNDER  TWENTY
 THOUSAND  SQUARE  FEET,  PURSUANT TO A LEASE FROM A PRIVATE OWNER TO THE
 NEW YORK CITY  DEPARTMENT  OF  EDUCATION  AND  THE  SCHOOL  CONSTRUCTION
 AUTHORITY; OR
   K.  CONSTRUCTION WORK PERFORMED ON PROJECTS THAT RECEIVED TAX BENEFITS
 RELATED TO BROWNFIELD REMEDIATION, BROWNFIELD REDEVELOPMENT, OR HISTORIC
 REHABILITATION PURSUANT TO SECTIONS TWENTY-ONE, TWENTY-TWO, ONE  HUNDRED
 EIGHTY-SEVEN-G  OR  ONE  HUNDRED EIGHTY-SEVEN-H OF THE TAX LAW, SUBDIVI-
 SIONS SEVENTEEN, EIGHTEEN, OR TWENTY-SIX OF SECTION TWO HUNDRED TEN-B OF
 THE TAX LAW, SUBSECTIONS (DD), (EE), (OO) OR (PP) OF SECTION SIX HUNDRED
 SIX OF THE TAX LAW, OR SUBDIVISIONS (U), (V) OR (Y) OF  SECTION  FIFTEEN
 HUNDRED ELEVEN OF THE TAX LAW.
   5.  FOR  PURPOSES  OF THIS SECTION, "PUBLIC ENTITY" SHALL INCLUDE, BUT
 SHALL NOT BE LIMITED TO, THE STATE, A LOCAL DEVELOPMENT  CORPORATION  AS
 DEFINED  IN  SUBDIVISION  EIGHT  OF  SECTION EIGHTEEN HUNDRED ONE OF THE
 PUBLIC AUTHORITIES LAW OR SECTION FOURTEEN HUNDRED ELEVEN  OF  THE  NOT-
 FOR-PROFIT  CORPORATION  LAW,  A  MUNICIPAL  CORPORATION  AS  DEFINED IN
 SECTION ONE HUNDRED NINETEEN-N OF THE GENERAL MUNICIPAL LAW,  AN  INDUS-
 TRIAL  DEVELOPMENT  AGENCY  FORMED PURSUANT TO ARTICLE EIGHTEEN-A OF THE
 GENERAL MUNICIPAL  LAW  OR  INDUSTRIAL  DEVELOPMENT  AUTHORITIES  FORMED
 PURSUANT  TO ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW, AND ANY STATE,
 LOCAL OR INTERSTATE OR INTERNATIONAL AUTHORITIES AS DEFINED  IN  SECTION
 TWO  OF  THE PUBLIC AUTHORITIES LAW; AND SHALL INCLUDE ANY TRUST CREATED
 BY ANY SUCH ENTITIES.
   6. FOR PURPOSES OF THIS SECTION, "CONSTRUCTION" MEANS WORK WHICH SHALL
 BE AS DEFINED BY THE PUBLIC SUBSIDY BOARD TO REQUIRE PAYMENT OF PREVAIL-
 ING WAGE, AND WHICH MAY INVOLVE THE EMPLOYMENT OF LABORERS, WORKERS,  OR
 MECHANICS.

 S. 7508                            215                           A. 9508
 
   7.  FOR PURPOSES OF THIS SECTION AND SECTION TWO HUNDRED TWENTY-FOUR-B
 OF THIS ARTICLE, THE "FISCAL OFFICER" SHALL BE DEEMED TO BE THE  COMMIS-
 SIONER.
   8.  THE  ENFORCEMENT  OF  ANY CONSTRUCTION WORK DEEMED TO BE A COVERED
 PROJECT PURSUANT TO THIS SECTION, AND ANY ADDITIONAL REQUIREMENTS, SHALL
 BE SUBJECT, IN ADDITION TO THIS SECTION, ONLY  TO  THE  REQUIREMENTS  OF
 SECTIONS  TWO  HUNDRED  TWENTY,  TWO  HUNDRED TWENTY-FOUR-B, TWO HUNDRED
 TWENTY-FOUR-C, AND TWO HUNDRED TWENTY-B OF THIS ARTICLE AND  WITHIN  THE
 JURISDICTION OF THE FISCAL OFFICER; PROVIDED, HOWEVER, NOTHING CONTAINED
 IN  THIS  SECTION  SHALL  BE  DEEMED  TO CONSTRUE ANY COVERED PROJECT AS
 OTHERWISE BEING CONSIDERED PUBLIC WORK PURSUANT  TO  THIS  ARTICLE;  AND
 FURTHER PROVIDED:
   A.  THE OWNER OR DEVELOPER OF SUCH COVERED PROJECT SHALL CERTIFY UNDER
 PENALTY OF PERJURY WITHIN FIVE DAYS OF COMMENCEMENT OF CONSTRUCTION WORK
 WHETHER THE PROJECT AT ISSUE  IS  SUBJECT  TO  THE  PROVISIONS  OF  THIS
 SECTION THROUGH THE USE OF A STANDARD FORM DEVELOPED BY THE FISCAL OFFI-
 CER.
   B.  THE  OWNERS  OR  DEVELOPERS  OF  A  PROPERTY WHO ARE UNDERTAKING A
 PROJECT UNDER PRIVATE CONTRACT, MAY SEEK GUIDANCE FROM THE PUBLIC SUBSI-
 DY BOARD CONTAINED IN SECTION TWO HUNDRED TWENTY-FOUR-C OF THIS ARTICLE,
 AND SUCH BOARD MAY RENDER AN OPINION AS TO WHETHER OR NOT THE PROJECT IS
 A COVERED PROJECT WITHIN THE MEANING OF THIS ARTICLE. ANY SUCH  DETERMI-
 NATION  SHALL  NOT  BE REVIEWABLE BY THE FISCAL OFFICER, NOR SHALL IT BE
 REVIEWABLE BY THE DEPARTMENT PURSUANT TO SECTION TWO HUNDRED  TWENTY  OF
 THIS ARTICLE.
   C.  THE  OWNER  OR DEVELOPER OF A COVERED PROJECT SHALL BE RESPONSIBLE
 FOR RETAINING ORIGINAL PAYROLL RECORDS IN ACCORDANCE  WITH  SECTION  TWO
 HUNDRED  TWENTY  OF  THIS  ARTICLE  FOR  A  PERIOD OF SIX YEARS FROM THE
 CONCLUSION OF SUCH WORK. ALL PAYROLL RECORDS MAINTAINED BY AN  OWNER  OR
 DEVELOPER  PURSUANT  TO  THIS  SECTION SHALL BE SUBJECT TO INSPECTION ON
 REQUEST OF THE FISCAL OFFICER.  SUCH OWNER OR  DEVELOPER  MAY  AUTHORIZE
 THE  PRIME CONTRACTOR OF THE CONSTRUCTION PROJECT TO TAKE RESPONSIBILITY
 FOR RETAINING AND MAINTAINING PAYROLL RECORDS, BUT WILL BE HELD  JOINTLY
 AND  SEVERALLY LIABLE FOR ANY VIOLATIONS OF SUCH CONTRACTOR. ALL RECORDS
 OBTAINED BY THE FISCAL OFFICER SHALL BE SUBJECT TO THE FREEDOM OF INFOR-
 MATION LAW.
   D. EACH PUBLIC ENTITY PROVIDING ANY OF  THE  PUBLIC  FUNDS  LISTED  IN
 SUBDIVISION  TWO  OF  THIS SECTION TO AN OWNER, DEVELOPER, CONTRACTOR OR
 SUBCONTRACTOR OF A PROJECT SHALL IDENTIFY THE NATURE AND DOLLAR VALUE OF
 SUCH FUNDS AND WHETHER ANY SUCH FUNDS  ARE  EXCLUDED  UNDER  SUBDIVISION
 THREE OF THIS SECTION AND SHALL SO NOTIFY THE RECIPIENT OF SUCH FUNDS OF
 SUCH  DETERMINATION  AND  OF THEIR OBLIGATIONS UNDER PARAGRAPH A OF THIS
 SUBDIVISION.
   E. THE FISCAL OFFICER MAY ISSUE RULES AND  REGULATIONS  GOVERNING  THE
 PROVISIONS  OF THIS SECTION. VIOLATIONS OF THIS SECTION SHALL BE GROUNDS
 FOR DETERMINATIONS AND ORDERS PURSUANT TO SECTION TWO  HUNDRED  TWENTY-B
 OF THIS ARTICLE.
   9.  EACH  OWNER  AND  DEVELOPER  SUBJECT  TO  THE REQUIREMENTS OF THIS
 SECTION SHALL COMPLY WITH THE  OBJECTIVES  AND  GOALS  OF  MINORITY  AND
 WOMEN-OWNED  BUSINESS  ENTERPRISES  PURSUANT TO ARTICLE FIFTEEN-A OF THE
 EXECUTIVE LAW AND SERVICE-DISABLED VETERAN-OWNED BUSINESSES PURSUANT  TO
 ARTICLE  SEVENTEEN-B  OF THE EXECUTIVE LAW.  THE DEPARTMENT IN CONSULTA-
 TION WITH THE DIRECTORS OF THE DIVISION OF MINORITY AND WOMEN'S BUSINESS
 DEVELOPMENT AND OF THE DIVISION OF SERVICE-DISABLED  VETERANS'  BUSINESS
 DEVELOPMENT SHALL MAKE TRAINING AND RESOURCES AVAILABLE TO ASSIST MINOR-
 ITY  AND  WOMEN-OWNED BUSINESS ENTERPRISES AND SERVICE-DISABLED VETERAN-

 S. 7508                            216                           A. 9508
 
 OWNED BUSINESS ENTERPRISES ON  COVERED  PROJECTS  ACHIEVE  AND  MAINTAIN
 COMPLIANCE  WITH PREVAILING WAGE REQUIREMENTS. THE DEPARTMENT SHALL MAKE
 SUCH TRAINING AND RESOURCES AVAILABLE ONLINE AND SHALL  AFFORD  MINORITY
 AND  WOMEN-OWNED BUSINESS ENTERPRISES AND SERVICE-DISABLED VETERAN-OWNED
 BUSINESS ENTERPRISES AN OPPORTUNITY TO SUBMIT COMMENTS ON SUCH TRAINING.
   10. A. THE FISCAL OFFICER SHALL REPORT TO THE GOVERNOR, THE  TEMPORARY
 PRESIDENT  OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY BY JULY FIRST,
 TWO THOUSAND TWENTY-TWO, AND ANNUALLY THEREAFTER, ON  THE  PARTICIPATION
 OF  MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES IN RELATION TO COVERED
 PROJECTS AND CONTRACTS FOR PUBLIC WORK SUBJECT TO THE PROVISIONS OF THIS
 SECTION AND SECTION TWO HUNDRED TWENTY OF THIS ARTICLE  RESPECTIVELY  AS
 WELL  AS  THE  DIVERSITY  PRACTICES  OF  CONTRACTORS  AND SUBCONTRACTORS
 EMPLOYING LABORERS, WORKERS, AND MECHANICS ON SUCH PROJECTS.
   B. SUCH REPORTS SHALL INCLUDE AGGREGATED DATA ON THE  UTILIZATION  AND
 PARTICIPATION  OF  MINORITY  AND  WOMEN-OWNED  BUSINESS ENTERPRISES, THE
 EMPLOYMENT OF MINORITIES AND WOMEN IN CONSTRUCTION-RELATED JOBS ON  SUCH
 PROJECTS,  AND  THE COMMITMENT OF CONTRACTORS AND SUBCONTRACTORS ON SUCH
 PROJECTS TO ADOPTING PRACTICES AND POLICIES THAT PROMOTE DIVERSITY WITH-
 IN THE WORKFORCE.   THE REPORTS SHALL ALSO  EXAMINE  THE  COMPLIANCE  OF
 CONTRACTORS  AND  SUBCONTRACTORS WITH OTHER EQUAL EMPLOYMENT OPPORTUNITY
 REQUIREMENTS AND ANTI-DISCRIMINATION LAWS,  IN  ADDITION  TO  ANY  OTHER
 EMPLOYMENT PRACTICES DEEMED PERTINENT BY THE COMMISSIONER.
   C.  THE  FISCAL OFFICER MAY REQUIRE ANY OWNER OR DEVELOPER TO DISCLOSE
 INFORMATION ON THE PARTICIPATION OF MINORITY  AND  WOMEN-OWNED  BUSINESS
 ENTERPRISES  AND  THE DIVERSITY PRACTICES OF CONTRACTORS AND SUBCONTRAC-
 TORS INVOLVED IN THE PERFORMANCE OF ANY COVERED PROJECT.   IT  SHALL  BE
 THE  DUTY OF THE FISCAL OFFICER TO CONSULT AND TO SHARE SUCH INFORMATION
 IN ORDER TO EFFECTUATE THE REQUIREMENTS OF THIS SECTION.
   11. IF CONSTRUCTION WORK IS NOT DEEMED TO BE A COVERED PROJECT, WHETH-
 ER BY VIRTUE OF AN EXCLUSION OF SUCH PROJECT UNDER SUBDIVISION  FOUR  OF
 THIS  SECTION,  OR BY VIRTUE OR NOT RECEIVING SUFFICIENT PUBLIC MONEY TO
 BE DEEMED "PAID FOR IN WHOLE OR IN  PART  OUT  OF  PUBLIC  FUNDS",  SUCH
 PROJECT SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF SECTIONS TWO HUNDRED
 TWENTY AND TWO HUNDRED TWENTY-B OF THIS ARTICLE.
   §  2.  The  labor  law is amended by adding two new sections 224-b and
 224-c to read as follows:
   § 224-B. STOP-WORK ORDERS. WHERE A COMPLAINT IS RECEIVED  PURSUANT  TO
 THIS  ARTICLE,  OR WHERE THE FISCAL OFFICER UPON HIS OR HER OWN INVESTI-
 GATION, FINDS CAUSE TO BELIEVE THAT ANY PERSON, IN CONNECTION  WITH  THE
 PERFORMANCE  OF  ANY  CONTRACT  FOR  PUBLIC WORK PURSUANT TO SECTION TWO
 HUNDRED TWENTY OF THIS  ARTICLE  OR  ANY  COVERED  PROJECT  PURSUANT  TO
 SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE, HAS SUBSTANTIALLY AND
 MATERIALLY  FAILED TO COMPLY WITH OR INTENTIONALLY EVADED THE PROVISIONS
 OF THIS ARTICLE, THE FISCAL OFFICER MAY NOTIFY SUCH PERSON IN WRITING OF
 HIS OR HER INTENTION TO ISSUE A STOP-WORK ORDER. SUCH NOTICE  SHALL  (I)
 BE SERVED IN A MANNER CONSISTENT WITH SECTION THREE HUNDRED EIGHT OF THE
 CIVIL  PRACTICE  LAW  AND  RULES;  (II) NOTIFY SUCH PERSON OF HIS OR HER
 RIGHT TO A HEARING; AND (III) STATE THE FACTUAL  BASIS  UPON  WHICH  THE
 FISCAL OFFICER HAS BASED HIS OR HER DECISION TO ISSUE A STOP-WORK ORDER.
 ANY  DOCUMENTS, REPORTS, OR INFORMATION THAT FORM A BASIS FOR SUCH DECI-
 SION SHALL BE PROVIDED TO SUCH PERSON WITHIN A  REASONABLE  TIME  BEFORE
 THE HEARING. SUCH HEARING SHALL BE EXPEDITIOUSLY CONDUCTED.
   FOLLOWING THE HEARING, IF THE FISCAL OFFICER ISSUES A STOP-WORK ORDER,
 IT  SHALL  BE SERVED BY REGULAR MAIL, AND A SECOND COPY MAY BE SERVED BY
 TELEFACSIMILE OR BY ELECTRONIC MAIL, WITH SERVICE EFFECTIVE UPON RECEIPT
 OF ANY SUCH ORDER. SUCH STOP-WORK ORDER SHALL ALSO BE SERVED WITH REGARD

 S. 7508                            217                           A. 9508
 
 TO A WORKSITE BY POSTING A COPY OF SUCH ORDER IN A CONSPICUOUS  LOCATION
 AT THE WORKSITE. THE ORDER SHALL REMAIN IN EFFECT UNTIL THE FISCAL OFFI-
 CER  DIRECTS  THAT THE STOP-WORK ORDER BE REMOVED, UPON A FINAL DETERMI-
 NATION  ON  THE  COMPLAINT  OR WHERE SUCH FAILURE TO COMPLY OR EVADE HAS
 BEEN DEEMED CORRECTED. IF THE PERSON AGAINST WHOM SUCH ORDER  IS  ISSUED
 SHALL  WITHIN THIRTY DAYS AFTER ISSUANCE OF THE STOP-WORK ORDER MAKES AN
 APPLICATION IN AFFIDAVIT FORM FOR A REDETERMINATION REVIEW OF SUCH ORDER
 THE FISCAL OFFICER SHALL MAKE A DECISION IN WRITING ON THE ISSUES RAISED
 IN SUCH APPLICATION. THE FISCAL OFFICER MAY DIRECT A CONDITIONAL RELEASE
 FROM A STOP-WORK ORDER UPON A FINDING THAT SUCH PERSON HAS  TAKEN  MEAN-
 INGFUL  AND GOOD FAITH STEPS TO COMPLY WITH THE PROVISIONS OF THIS ARTI-
 CLE.
   § 224-C. PUBLIC SUBSIDY BOARD. 1. A BOARD ON PUBLIC SUBSIDIES, HEREIN-
 AFTER "THE BOARD", IS HEREBY CREATED, TO CONSIST OF ELEVEN MEMBERS.  THE
 ELEVEN MEMBERS SHALL BE APPOINTED BY THE GOVERNOR AS FOLLOWS: ONE MEMBER
 UPON  THE  RECOMMENDATION  OF THE TEMPORARY PRESIDENT OF THE SENATE, ONE
 MEMBER UPON THE RECOMMENDATION OF  THE  SPEAKER  OF  THE  ASSEMBLY,  THE
 COMMISSIONER, THE PRESIDENT OF THE EMPIRE STATE DEVELOPMENT CORPORATION,
 THE  DIRECTOR  OF  THE  DIVISION  OF THE BUDGET, ONE PERSON REPRESENTING
 EMPLOYEES IN THE CONSTRUCTION  INDUSTRY,  AND  ONE  PERSON  REPRESENTING
 EMPLOYERS  IN  THE CONSTRUCTION INDUSTRY.  THE COMMISSIONER SHALL ACT AS
 THE CHAIR. THE MEMBERS SHALL SERVE AT  THE  PLEASURE  OF  THE  AUTHORITY
 RECOMMENDING, DESIGNATING, OR OTHERWISE APPOINTING SUCH MEMBER AND SHALL
 SERVE  WITHOUT SALARY OR COMPENSATION BUT SHALL BE REIMBURSED FOR NECES-
 SARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   2. THE BOARD SHALL MEET ON AN AS NEEDED BASIS AND SHALL HAVE THE POWER
 TO CONDUCT PUBLIC HEARINGS. THE BOARD MAY ALSO  CONSULT  WITH  EMPLOYERS
 AND EMPLOYEES, AND THEIR RESPECTIVE REPRESENTATIVES, IN THE CONSTRUCTION
 INDUSTRY  AND WITH SUCH OTHER PERSONS, INCLUDING THE COMMISSIONER, AS IT
 SHALL DETERMINE.  NO PUBLIC OFFICER OR EMPLOYEE APPOINTED TO  THE  BOARD
 SHALL  FORFEIT  ANY  POSITION OR OFFICE BY VIRTUE OF APPOINTMENT TO SUCH
 BOARD. ANY PROCEEDINGS OF THE BOARD WHICH RELATE TO A  PARTICULAR  INDI-
 VIDUAL OR PROJECT SHALL BE CONFIDENTIAL.
   3. THE BOARD MAY EXAMINE AND MAKE RECOMMENDATIONS WHICH SHALL HAVE THE
 FULL FORCE AND EFFECT OF LAW, REGARDING THE FOLLOWING:
   (A)  THE  MINIMUM  THRESHOLD  PERCENTAGE  OF PUBLIC FUNDS SET FORTH IN
 PARAGRAPH C OF SUBDIVISION ONE OF SECTION TWO HUNDRED  TWENTY-FOUR-A  OF
 THIS ARTICLE;
   (B)  THE MINIMUM DOLLAR THRESHOLD OF PROJECTS SET FORTH IN PARAGRAPH C
 OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE;
   (C) CONSTRUCTION WORK EXCLUDED AS A COVERED PROJECT, AS SET  FORTH  IN
 SUBPARAGRAPHS  (I), (II) AND (III) OF PARAGRAPH C OF SUBDIVISION FOUR OF
 SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE;
   (D) THE DEFINITION OF CONSTRUCTION FOR PURPOSES OF SECTION TWO HUNDRED
 TWENTY-FOUR-A OF THIS ARTICLE; OR
   (E) PARTICULAR INSTANCES OF BENEFITS, MONIES OR CREDITS AS TO  WHETHER
 OR NOT THEY SHOULD CONSTITUTE PUBLIC FUNDS.
   4.  IN  MAKING ITS RECOMMENDATIONS, THE BOARD SHALL EXAMINE THE IMPACT
 OF SUCH THRESHOLDS AND CIRCUMSTANCES ON PRIVATE DEVELOPMENT IN LIGHT  OF
 AVAILABLE PUBLIC SUBSIDIES, EXISTING LABOR MARKET CONDITIONS, PREVAILING
 WAGE  AND  SUPPLEMENT  PRACTICES, AND SHALL CONSIDER THE EXTENT TO WHICH
 ADJUSTMENTS  TO  SUCH  THRESHOLDS  AND  CIRCUMSTANCES  COULD  AMELIORATE
 ADVERSE IMPACTS, IF ANY, OR EXPAND OPPORTUNITIES FOR PREVAILING WAGE AND
 SUPPLEMENT   STANDARDS   ON  PUBLICLY  SUBSIDIZED  PRIVATE  CONSTRUCTION
 PROJECTS IN ANY REGION OR REGIONS OF THE STATE.

 S. 7508                            218                           A. 9508
 
   5. THE BOARD SHALL BE EMPOWERED TO ISSUE BINDING DETERMINATIONS TO ANY
 PUBLIC ENTITY, OR ANY PRIVATE OR NOT-FOR-PROFIT OWNER OR DEVELOPER AS TO
 ANY PARTICULAR MATTER  RELATED  TO  AN  EXISTING  OR  POTENTIAL  COVERED
 PROJECT.  IN  SUCH  INSTANCES THE BOARD SHALL MAKE A DETERMINATION BASED
 UPON  DOCUMENTS,  OR TESTIMONY, OR BOTH IN ITS SOLE DISCRETION. ANY SUCH
 PROCEEDING SHALL BE CONFIDENTIAL. THE DETERMINATION ISSUED BY THE  BOARD
 SHALL  BE  FINAL, AND MAY NOT BE APPEALED TO THE COMMISSIONER, NOR SHALL
 ANY PRIVATE RIGHT OF ACTION ACCRUE TO  ANY  INDIVIDUAL  TO  ENFORCE  THE
 TERMS OF THIS ARTICLE.
   § 3. The labor law is amended by adding a new section 813-a to read as
 follows:
   §  813-A.  ANNUAL  REPORTS BY APPRENTICESHIP PROGRAMS. 1. ON AN ANNUAL
 BASIS, ALL APPRENTICESHIP PROGRAMS COVERED UNDER THE PROVISIONS OF  THIS
 ARTICLE  SHALL  REPORT TO THE DEPARTMENT ON THE PARTICIPATION OF APPREN-
 TICES CURRENTLY ENROLLED IN SUCH APPRENTICESHIP PROGRAM. THE DATA TO  BE
 INCLUDED  IN  SUCH  REPORT  SHALL  INCLUDE, AT A MINIMUM: (A)  THE TOTAL
 NUMBER OF APPRENTICES IN SUCH APPRENTICESHIP PROGRAM; (B) THE DEMOGRAPH-
 IC INFORMATION OF SUCH APPRENTICES TO THE EXTENT SUCH DATA IS AVAILABLE,
 INCLUDING, BUT NOT LIMITED TO, THE AGE,  GENDER,  RACE,  ETHNICITY,  AND
 NATIONAL  ORIGIN  OF  SUCH  APPRENTICES; (C) THE RATE OF ADVANCEMENT AND
 GRADUATION OF SUCH APPRENTICES; AND (D) THE RATE OF  PLACEMENT  OF  SUCH
 APPRENTICES  ONTO  JOB  SITES  AS WELL AS THE DEMOGRAPHIC INFORMATION OF
 SUCH APPRENTICES TO THE EXTENT SUCH DATA IS  AVAILABLE,  INCLUDING,  BUT
 NOT  LIMITED TO THE AGE, GENDER, RACE, ETHNICITY, AND NATIONAL ORIGIN OF
 SUCH APPRENTICES.
   2. THE DEPARTMENT SHALL MAKE  SUCH  DATA  PUBLICLY  AVAILABLE  ON  ITS
 WEBSITE  BY  JULY FIRST, TWO THOUSAND TWENTY-TWO AND ON AN ANNUAL BASIS,
 BUT NO LATER THAN DECEMBER THIRTY-FIRST OF EACH FOLLOWING YEAR.
   3. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS NECESSARY FOR
 THE IMPLEMENTATION OF THIS SECTION.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, or section 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, or section thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 5. This act shall take effect on July 1, 2021  and  shall  apply  to
 contracts  for  construction  executed,  incentive  agreements executed,
 procurements or  solicitations  issued,  or  applications  for  building
 permits  on or after such date; provided however that this act shall not
 apply to any appropriations of public funds made prior  to  the  day  on
 which  this act shall have become a law, or to re-appropriations of such
 funds first appropriated prior to the day on which this act  shall  have
 become  a  law.    Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.
 
                                 PART GGG
 
   Section 1. The legislature hereby establishes  the  New  York  digital
 marketplace worker classification task force (hereinafter referred to as
 the  "task  force")  to  provide the governor and the legislature with a

 S. 7508                            219                           A. 9508
 
 legislative recommendation addressing the conditions of  employment  and
 classification  of  workers  in  the modern economy of on-demand workers
 connected to customers via the internet.
   §  2.  1. The task force shall consist of nine members to be appointed
 as follows:
   a. seven members appointed by the governor;
   b. one member appointed by the temporary president of the senate; and
   c. one member appointed by the speaker of the assembly.
   2. The members of the task force shall include but not be  limited  to
 representatives of businesses impacted, labor groups and workers.
   3.  The  members  of  the task force shall receive no compensation for
 their services but shall be allowed their actual and necessary  expenses
 incurred in the performance of their duties pursuant to this act.
   4.  Any  vacancies in the membership of the task force shall be filled
 in the same manner provided for in the initial appointment.
   5. The task force may consult with any organization, government  enti-
 ty,  or  person,  in  the  development of its legislative recommendation
 report required under section three of this act.
   § 3. On or before May 1, 2020, the task  force  shall  submit  to  the
 governor,  the  temporary president of the senate and the speaker of the
 assembly, a legislative recommendation containing, but not  limited  to,
 the following:
   a.  the necessary wages sufficient to provide adequate maintenance and
 to protect the health of the workers engaged in work in the modern econ-
 omy, addressing specific categories of benefits available to workers;
   b. the proper classification of workers;
   c. the criteria necessary to determine if a worker is an employee;
   d. laws regulating safety and health for workers currently  classified
 as independent contractors;
   e. collective bargaining;
   f.  the  availability  of anti-discrimination, opportunity and privacy
 protections for workers currently classified as independent contractors;
 and
   g. any other statutory changes necessary.
   § 4. The labor law is amended by adding a new section 44  to  read  as
 follows:
   §  44.  CLASSIFICATION OF DIGITAL MARKETPLACE WORKERS. A. FOR PURPOSES
 OF THIS SECTION, "DIGITAL MARKETPLACE COMPANY"  MEANS  AN  ORGANIZATION,
 INCLUDING,  BUT NOT LIMITED TO A CORPORATION, LIMITED LIABILITY COMPANY,
 PARTNERSHIP, SOLE PROPRIETOR, OR  ANY  OTHER  ENTITY,  THAT  OPERATES  A
 WEBSITE  OR  SMARTPHONE  APPLICATION,  OR  BOTH,  THAT  CUSTOMERS USE TO
 PURCHASE, SCHEDULE AND/OR OTHERWISE ARRANGE SERVICES INCLUDING, BUT  NOT
 LIMITED TO REPAIR, MAINTENANCE, CONSTRUCTION, PAINTING, ASSEMBLY, CLEAN-
 ING, LAUNDRY, HOUSEKEEPING, DELIVERY, TRANSPORTATION, COOKING, TUTORING,
 MASSAGE,  ACUPUNCTURE,  BABYSITTING,  HOME  CARE, HEALTHCARE, FIRST AID,
 COMPANIONSHIP, OR INSTRUCTION, AND WHERE SUCH COMPANY  UTILIZES  ONE  OR
 MORE INDIVIDUALS TO PROVIDE SUCH SERVICES. SUCH ORGANIZATION: (I) ESTAB-
 LISHES  THE  GROSS  AMOUNTS  EARNED  BY  THE  INDIVIDUAL  PROVIDING SUCH
 SERVICES; (II) ESTABLISHES THE AMOUNTS CHARGED TO  THE  CONSUMER;  (III)
 COLLECTS  PAYMENT  FROM  THE  CONSUMER; (IV) PAYS THE INDIVIDUAL; OR ANY
 COMBINATION OF THE FOREGOING ACTIONS; AND  THE  INDIVIDUAL  MAY  PROVIDE
 SUCH  SERVICES  IN THE NAME OF THE INDIVIDUAL, OR IN THE NAME OF A BUSI-
 NESS, OR AS A SEPARATE BUSINESS ENTITY, AND WITHOUT REGARD THE  CONSUMER
 OF  SUCH PERSONAL SERVICES MAY BE AN INDIVIDUAL, BUSINESS, OTHER ENTITY,
 OR ANY COMBINATION THEREOF. PROVIDED, HOWEVER,  NO  GOVERNMENTAL  ENTITY
 SHALL BE CONSIDERED A DIGITAL MARKETPLACE COMPANY.

 S. 7508                            220                           A. 9508
 
   B. (1) THE COMMISSIONER IS HEREBY AUTHORIZED TO PROMULGATE REGULATIONS
 DETERMINING  THE  APPROPRIATE  CLASSIFICATION  OF  INDIVIDUALS PROVIDING
 SERVICES FOR A DIGITAL MARKETPLACE COMPANY AS DEFINED IN  SUBDIVISION  A
 OF  THIS SECTION AND SUCH REGULATIONS SHALL HAVE THE FORCE AND EFFECT OF
 LAW.
   (2)  SUCH  REGULATIONS  SHALL  SET  FORTH THE APPROPRIATE STANDARD FOR
 DETERMINATION OF WHETHER A WORKER SHOULD BE CLASSIFIED AS AN EMPLOYEE OR
 AN INDEPENDENT CONTRACTOR, AND SHALL CONSIDER THE FOLLOWING  CONDITIONS:
 (I) WHETHER THE INDIVIDUAL IS FREE FROM THE CONTROL AND DIRECTION OF THE
 DIGITAL  MARKETPLACE  COMPANY  IN CONNECTION WITH THE PERFORMANCE OF THE
 WORK; (II) WHETHER THE INDIVIDUAL PERFORMS  WORK  THAT  IS  OUTSIDE  THE
 USUAL  COURSE  OF  THE DIGITAL MARKETPLACE COMPANY'S BUSINESS; AND (III)
 WHETHER THE INDIVIDUAL IS CUSTOMARILY ENGAGED IN AN INDEPENDENTLY ESTAB-
 LISHED TRADE, OCCUPATION, PROFESSION OR BUSINESS THAT IS SIMILAR TO  THE
 SERVICE AT ISSUE.
   (3) WORKERS CLASSIFIED AS EMPLOYEES AS PROVIDED FOR IN THIS SECTION OR
 WHO SATISFY ANY OTHER LEGAL TEST FOR EMPLOYMENT, OR HAVE BEEN DETERMINED
 BY  A COURT OR ADMINISTRATIVE AGENCY TO BE EMPLOYEES, SHALL NOT HAVE ANY
 RIGHTS OR PROTECTIONS DIMINISHED BY APPLICATION OF THIS SECTION.
   C. THE COMMISSIONER MAY EXEMPT ANY COMPANY FROM  APPLICATION  OF  THIS
 SECTION,  PROVIDED  SUCH COMPANY HAS ENTERED INTO A COLLECTIVELY NEGOTI-
 ATED AGREEMENT WITH A RECOGNIZED COLLECTIVE BARGAINING AGENT.
   § 5. This act shall take effect immediately; provided,  however,  that
 section four of this act shall take effect May 1, 2020.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable  effective date of Parts A through GGG of this act shall
 be as specifically set forth in the last section of such Parts.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 7508--A                                            A. 9508--A
 
                       S E N A T E - A S S E M B L Y
 
                             January 22, 2020
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when  printed to be committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
   article  seven  of  the  Constitution -- read once and referred to the
   Committee on Ways and Means --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the highway law and the transportation law, in relation
   to consolidated local highway assistance payments (Part A);  to  amend
   the  vehicle  and  traffic law in relation to penalties for commercial
   vehicles on parkways and penalties for over-height vehicles (Part  B);
   to  amend  the  vehicle and traffic law, in relation to the display of
   amber and blue lights on safety service patrol vehicles (Part  C);  to
   amend  the  penal  law and the vehicle and traffic law, in relation to
   highway worker safety (Subpart A); to amend the  vehicle  and  traffic
   law and the highway law, in relation to highway clearance (Subpart B);
   and  to  amend  the  vehicle and traffic law, in relation to increased
   fines for injury to pedestrians (Subpart C) (Part  D);  to  amend  the
   vehicle  and  traffic  law,  in  relation  to the maximum dimension of
   certain vehicles proceeding to and from the  New  York  state  thruway
   authority  (Part  E); to amend the public authorities law, in relation
   to agreements for fiber optics (Part F); to amend the public  authori-
   ties  law and the highway law, in relation to consolidation of the New
   York state bridge authority with the New York state thruway authority;
   and to repeal title 2 of article  3  of  the  public  authorities  law
   relating  thereto  (Part  G); to amend the vehicle and traffic law, in
   relation to penalties for unlicensed operation of  ground  transporta-
   tion  to  and  from airports (Part H); to amend the public authorities
   law, in relation to setting the aggregate principal  amount  of  bonds
   the  Metropolitan  transit authority, the Triborough bridge and tunnel
   authority and the New York city transit authority can issue (Part  I);
   to  amend  the  public  authorities  law,  in relation to procurements
   conducted by the New York City transit authority and the  metropolitan
   transportation  authority;  to amend part OO of chapter 54 of the laws
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12673-02-0

 S. 7508--A                          2                         A. 9508--A
 
   of 2016, amending the public authorities law relating to  procurements
   by  the New York City transit authority and the metropolitan transpor-
   tation authority, in relation to the  effectiveness  thereof;  and  to
   repeal certain provisions of the public authorities law relating ther-
   eto  (Part  J);  to  amend chapter 54 of the laws of 2016 amending the
   general municipal law relating to the New York transit  authority  and
   the  metropolitan  transportation  authority, in relation to extending
   authorization for tax increment financing for the metropolitan  trans-
   portation  authority (Part K); to amend the public authorities law, in
   relation to providing the metropolitan transit authority the right  to
   enter  private  property  to  trim  trees  and  vegetation  for safety
   purposes (Part L); to amend the penal law, in  relation  to  including
   the  intentional  use  of  any  toll highway, parkway, road, bridge or
   tunnel or entry  into  or  remaining  in  a  tolled  central  business
   district  without  payment  of the lawful toll or charge as a theft of
   services; and to amend the vehicle and traffic law, in relation to the
   penalty imposed upon the operator of a  vehicle  with  an  altered  or
   obscured license plate while on a toll highway, bridge or tunnel (Part
   M);  to amend the penal law, in relation to assaulting certain employ-
   ees of a transit agency or authority (Part N); to amend the penal law,
   in relation to harassing certain employees  of  a  transit  agency  or
   authority  (Part O); to amend the penal law and the public authorities
   law, in relation to transit crimes and prohibition orders relating  to
   such crimes (Part P); to amend the business corporation law, the coop-
   erative  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 hous-
   ing  finance law, the arts and cultural affairs 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 Q); 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  effec-
   tiveness  thereof  (Part  R);  to  amend  the general business law, in
   relation to prohibiting gender discrimination within  the  pricing  of
   consumer  goods  and  services (Part S); to amend the general business
   law, in relation to telemarketing and to provide for caller  identifi-
   cation  transparency, call authentication, and call blocking services;
   and to repeal certain provisions of such law  relating  thereto  (Part
   T);  to amend the state law, in relation to making changes to the arms
   of the state (Part U); to amend the executive law, the  real  property
   law  and  the  general business law, in relation to qualifications for
   appointment and employment (Part V); to amend the real  property  law,
   in  relation  to  home  inspection professional licensing (Part W); to
   amend the business corporation law, the  executive  law,  the  limited
   liability  company  law,  the  not-for-profit corporation law, and the
   partnership law, in  relation  to  filing  of  certificates  with  the
   department  of  state; and repealing provisions of the business corpo-
   ration law, the limited liability company law and the tax law  related
   thereto  (Part  X);  to authorize utility and cable television assess-
   ments that provide funds to the department of health from cable  tele-
   vision  assessment  revenues  and to the department of agriculture and
   markets,  department  of  environmental  conservation,  department  of

 S. 7508--A                          3                         A. 9508--A
 
   state,  and  the office of parks, recreation and historic preservation
   from utility assessment revenues (Part Y); to amend the public service
   law, in relation to strengthening the oversight and enforcement  mech-
   anisms  of the public service commission (Part Z); to amend the public
   service law, the state finance law, the public authorities law and the
   general business law, in  relation  to  prohibiting  internet  service
   providers from preventing access to certain internet content or appli-
   cations  or  requiring users to pay to access certain internet content
   or applications (Part AA); to amend  the  general  municipal  law,  in
   relation  to  authorizing municipal corporations to charge for use and
   occupancy of fiber-optic lines on municipally owned rights of way  and
   establish  a  uniform  process  for  the siting of small cell wireless
   facilities; and to amend the highway law,  in  relation  to  statewide
   master  license agreements (Part BB); 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 rela-
   tive to the establishment of subsidiaries  for  certain  purposes,  in
   relation  to the effectiveness thereof (Part CC); to amend the infras-
   tructure investment act, in relation to requiring certain contracts to
   comply with service-disabled veteran-owned business enterprises, nego-
   tiating prices in  certain  lump-sum  contracts,  referencing  certain
   sections of law and providing for a date of repeal (Part DD); to amend
   the  New  York state urban development corporation act, in relation to
   extending the authority of the New York state urban development corpo-
   ration to administer the empire state economic development fund  (Part
   EE);  to  amend  chapter 393 of the laws of 1994 amending the New York
   state urban development corporation act, relating to the powers of the
   New York  state  urban  development  corporation  to  make  loans,  in
   relation  to  extending  the general loan powers of the New York state
   urban development corporation (Part FF); to amend the economic  devel-
   opment law, in relation to economic transformation program eligibility
   (Part  GG); to authorize the New York state energy research and devel-
   opment authority to finance a portion of its research, development and
   demonstration, policy and planning, and Fuel NY program,  as  well  as
   climate  change  related  expenses  of the department of environmental
   conservation and the department of agriculture and  markets'  Fuel  NY
   program,  from  an  assessment  on gas and electric corporations (Part
   HH); to amend the labor law, in relation to the definitions of employ-
   er and immediate family member (Part II); to amend the general munici-
   pal law, in relation to discretionary spending and procurement  proce-
   dures  for  school  districts  in  relation to New York state products
   (Part JJ); to amend the public authorities law,  in  relation  to  the
   water  pollution control revolving fund and the drinking water revolv-
   ing fund (Part KK); to amend the banking law and  the  civil  practice
   law and rules, in relation to licensing consumer debt collectors (Part
   LL);  to  amend  the  financial services law, in relation to licensing
   student debt relief consultants; and to  amend  the  banking  law,  in
   relation  to  requiring  fingerprinting for applications for a student
   loan servicer license (Part MM); to amend the financial  services  law
   and  the  insurance  law, in relation to protecting New York consumers
   from unfair and abusive practices (Part NN); to amend the banking law,
   in relation to fighting elder financial fraud (Part OO); to amend  the
   environmental  conservation  law,  in relation to expanded polystyrene
   foam container and polystyrene loose fill  packaging  ban  (Part  PP);
   authorizing  the creation of state debt in the amount of three billion
   dollars, in relation to creating the environmental bond  act  of  2020

 S. 7508--A                          4                         A. 9508--A
 
   "restore mother nature" for the purposes of environmental improvements
   that  preserve,  enhance, and restore New York's natural resources and
   reduce the impact of climate change by restoring habitats and reducing
   flood risk; improving water quality; protecting open space and invest-
   ing  in  recreational  infrastructure;  expanding the use of renewable
   energy to mitigate climate change; and providing for the submission to
   the people of a proposition or question therefor to be voted  upon  at
   the  general election to be held in November, 2020 (Part QQ); to amend
   the environmental conservation law  and  the  state  finance  law,  in
   relation  to  the implementation of the environmental bond act of 2020
   "restore mother nature" (Part RR); to amend the environmental  conser-
   vation law, in relation to a product stewardship program; and to amend
   the  state  finance  law,  in relation to establishing the stewardship
   organization fund (Part SS); to amend the  environmental  conservation
   law,  in  relation  to  freshwater  wetlands;  and  to  repeal certain
   provisions of such law relating thereto (Part TT);  to  authorize  the
   county  of Nassau, to permanently and temporarily convey certain ease-
   ments and to temporarily alienate certain parklands  (Subpart  A);  to
   authorize  the  village  of East Rockaway, county of Nassau, to perma-
   nently and temporarily convey certain  easements  and  to  temporarily
   alienate  certain  parklands (Subpart B); and to authorize the village
   of Rockville Centre, county of Nassau, to permanently and  temporarily
   convey certain easements and to temporarily alienate certain parklands
   (Subpart C) (Part UU); to amend the environmental conservation law, in
   relation  to  financial security for the plugging and site reclamation
   of regulated wells (Part VV); to amend the environmental  conservation
   law,  in  relation to banning fracking (Part WW); to amend the vehicle
   and traffic law, in relation to bicycles with  electric  assist  (Part
   XX); to amend chapter 62 of the laws of 2003, amending the vehicle and
   traffic  law and other laws relating to increasing certain motor vehi-
   cle transaction fees, in relation to the effectiveness thereof; and to
   amend chapter 84 of the laws of 2002, amending the state  finance  law
   relating to the costs of the department of motor vehicles, in relation
   to  the  effectiveness  thereof (Part YY); 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 extending  the  effectiveness
   thereof  (Part  ZZ); to amend the vehicle and traffic law, in relation
   to the regulation of the use of electric scooters (Part AAA); to amend
   the public authorities law, in relation to the  centers  for  advanced
   technology program; and to repeal section 410 of the economic develop-
   ment law relating to the centers for excellence program (Part BBB); to
   amend  the  insurance law, the public authorities law and the tax law,
   in relation to authorizing the power authority of  the  state  of  New
   York to form a pure captive insurance company (Part CCC); to amend the
   Hudson river park act, in relation to Pier 76 (Part DDD); to amend the
   New  York  Buy  American Act, in relation to the report to be provided
   and to making such provisions permanent (Part EEE); to amend the labor
   law, in relation to prevailing wage requirements (Part FFF); to  amend
   the  labor  law,  in relation to classification of digital marketplace
   workers; and to establish the  New  York  digital  marketplace  worker
   classification  task  force  (Part GGG); to amend the general business
   law, in relation to extending the length of  time  temporary  security
   guards  can  be  used  at specific events (Part HHH); to amend the New
   York state urban development  corporation  act,  in  relation  to  the
   corporations' authorization to provide financial and technical assist-

 S. 7508--A                          5                         A. 9508--A
 
   ance  to  community development financial institutions (Part III); and
   to amend the public service law, the  economic  development  law,  the
   real  property tax law, the general municipal law, the public authori-
   ties law, the environmental conservation law, the New York state urban
   development  corporation act and the state finance law, in relation to
   accelerating the growth of renewable energy facilities to  meet  crit-
   ical state energy policy goals (Part JJJ)
 
   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 2020-2021
 state  fiscal  year.  Each  component  is wholly contained within a Part
 identified as Parts A through JJJ. The effective date for  each  partic-
 ular  provision  contained  within  such  Part  is set forth in the last
 section of such Part. Any provision in any section  contained  within  a
 Part,  including the effective date of the Part, which makes a reference
 to a section "of this act", when used in connection with that particular
 component, shall be deemed  to  mean  and  refer  to  the  corresponding
 section of the Part in which it is found. Section three of this act sets
 forth the general effective date of this act.
 
                                  PART A

   Section 1. Paragraph (e) of subdivision 4 of section 10-c of the high-
 way law, as amended by section 2 of subpart B of part C of chapter 97 of
 the laws of 2011, is amended to read as follows:
   (e)  Funds  allocated  for local street or highway projects under this
 subdivision shall be used to undertake work on a project either with the
 municipality's own forces or by contract, provided however, that whenev-
 er the estimate for the construction contract work exceeds  one  hundred
 thousand  dollars but does not exceed [two] SEVEN hundred fifty thousand
 dollars such work must be performed either with the  municipality's  own
 forces  or  by  contract  let  by competitive bid in accordance with the
 provisions of section one hundred three of the general municipal law and
 provided  further,  however,  that  whenever  the   estimate   for   the
 construction  contract  work  exceeds [two] SEVEN hundred fifty thousand
 dollars such work must be performed by contract let by  competitive  bid
 in  accordance  with  the provisions of section one hundred three of the
 general municipal law.
   § 2. Subdivision 6 of  section  234  of  the  transportation  law,  as
 amended  by  chapter  369  of  the  laws  of 1979, is amended to read as
 follows:
   6. for local street or highway projects, to undertake the work of  the
 project either with its own forces or by contract, however, whenever the
 estimate  for the construction contract work exceeds SEVEN HUNDRED fifty
 thousand dollars such work must be performed  by  contract  let  by  the
 competitive bid process.
   § 3. This act shall take effect immediately.
 
                                  PART B

 S. 7508--A                          6                         A. 9508--A
 
   Section 1. Subdivisions (g) and (h) of section 1800 of the vehicle and
 traffic law, as added by chapter 221 of the laws of 2008, are amended to
 read as follows:
   (g) Notwithstanding the provisions of subdivisions (b) and (c) of this
 section,  a  person convicted of a traffic infraction for a violation of
 any ordinance, order, rule, regulation or local law adopted pursuant  to
 one  or more of the following provisions of this chapter: paragraphs two
 and nine of subdivision  (a)  of  section  sixteen  hundred  twenty-one;
 subdivision three of section sixteen hundred thirty; or subdivision five
 of section seventy-one of the transportation law, prohibiting the opera-
 tion  on a highway or parkway of a motor vehicle registered as a commer-
 cial vehicle and having a gross  vehicle  weight  rating  of  less  than
 [twenty-six]  TEN thousand pounds shall, for a first conviction thereof,
 be punished by a fine of not more than two hundred fifty dollars  or  by
 imprisonment  of  not  more  than  fifteen days or by both such fine and
 imprisonment; for a conviction of a second violation, both of which were
 committed within a period of  eighteen  months,  such  person  shall  be
 punished by a fine of not more than five hundred dollars or by imprison-
 ment  for  not more than forty-five days or by both such fine and impri-
 sonment; upon a conviction of a third or subsequent  violation,  all  of
 which  were  committed  within  a period of eighteen months, such person
 shall be punished by a fine of not more than seven hundred fifty dollars
 or by imprisonment of not more than ninety days or by both such fine and
 imprisonment. Provided, however,  the  provisions  of  this  subdivision
 shall not apply to a commercial motor vehicle as such term is defined in
 paragraph  (a) of subdivision four of section five hundred one-a of this
 chapter.
   (h) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS (B) AND (C) OF THIS
 SECTION, A PERSON CONVICTED OF A TRAFFIC INFRACTION FOR A  VIOLATION  OF
 ANY  ORDINANCE, ORDER, RULE, REGULATION OR LOCAL LAW ADOPTED PURSUANT TO
 ONE OR MORE OF THE FOLLOWING PROVISIONS OF THIS CHAPTER:  PARAGRAPHS TWO
 AND NINE OF SUBDIVISION  (A)  OF  SECTION  SIXTEEN  HUNDRED  TWENTY-ONE;
 SUBDIVISION THREE OF SECTION SIXTEEN HUNDRED THIRTY; OR SUBDIVISION FIVE
 OF SECTION SEVENTY-ONE OF THE TRANSPORTATION LAW, PROHIBITING THE OPERA-
 TION  ON A HIGHWAY OR PARKWAY OF A MOTOR VEHICLE REGISTERED AS A COMMER-
 CIAL VEHICLE AND HAVING A GROSS VEHICLE WEIGHT RATING OF  AT  LEAST  TEN
 THOUSAND POUNDS BUT NO MORE THAN TWENTY-SIX THOUSAND POUNDS SHALL, FOR A
 FIRST  CONVICTION  THEREOF,  BE  PUNISHED BY A FINE OF NOT MORE THAN ONE
 THOUSAND DOLLARS OR BY IMPRISONMENT OF NOT MORE THAN FIFTEEN DAYS OR  BY
 BOTH SUCH FINE AND IMPRISONMENT; FOR A CONVICTION OF A SECOND VIOLATION,
 BOTH  OF  WHICH  WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, SUCH
 PERSON SHALL BE PUNISHED BY A FINE OF  NOT  MORE  THAN  FIFTEEN  HUNDRED
 DOLLARS  OR BY IMPRISONMENT FOR NOT MORE THAN FORTY-FIVE DAYS OR BY BOTH
 SUCH FINE AND IMPRISONMENT; UPON A CONVICTION OF A THIRD  OR  SUBSEQUENT
 VIOLATION,  ALL  OF  WHICH  WERE  COMMITTED  WITHIN A PERIOD OF EIGHTEEN
 MONTHS, SUCH PERSON SHALL BE PUNISHED BY A FINE OF  NOT  MORE  THAN  TWO
 THOUSAND FIVE HUNDRED DOLLARS OR BY IMPRISONMENT OF NOT MORE THAN NINETY
 DAYS  OR  BY  BOTH  SUCH  FINE  AND IMPRISONMENT; PROVIDED, HOWEVER, THE
 PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY  TO  A  COMMERCIAL  MOTOR
 VEHICLE  AS SUCH TERM IS DEFINED IN PARAGRAPH (A) OF SUBDIVISION FOUR OF
 SECTION FIVE HUNDRED ONE-A OF THIS CHAPTER.
   (I) Notwithstanding the provisions of subdivisions (b) and (c) of this
 section, a person convicted of a traffic infraction for a  violation  of
 any  ordinance, order, rule, regulation or local law adopted pursuant to
 one or more of the following provisions of this chapter: paragraphs  two
 and  nine  of  subdivision  (a)  of  section sixteen hundred twenty-one;

 S. 7508--A                          7                         A. 9508--A
 
 subdivision three of section sixteen hundred thirty; or subdivision five
 of section seventy-one of the transportation law, prohibiting the opera-
 tion on a highway or parkway of a commercial motor vehicle as defined in
 paragraph  (a) of subdivision four of section five hundred one-a of this
 chapter, for a first conviction thereof, be punished by a  fine  of  not
 more than [three hundred fifty] FIVE THOUSAND dollars or by imprisonment
 of not more than fifteen days or by both such fine and imprisonment; for
 a  conviction of a second violation, both of which were committed within
 a period of eighteen months, such person shall be punished by a fine  of
 not more than seven THOUSAND FIVE hundred dollars or by imprisonment for
 not  more  than  forty-five  days or by both such fine and imprisonment;
 upon a conviction of a third or subsequent violation, all of which  were
 committed  within  a  period  of  eighteen  months, such person shall be
 punished by a fine of not more than [one] TEN  thousand  dollars  or  by
 imprisonment  of  not  more  than  ninety  days or by both such fine and
 imprisonment. IN ADDITION TO THE PENALTIES PROVIDED FOR IN THIS SUBDIVI-
 SION, THE REGISTRATION OF THE VEHICLE MAY BE SUSPENDED FOR A PERIOD  NOT
 TO  EXCEED ONE YEAR WHETHER AT THE TIME OF THE VIOLATION THE VEHICLE WAS
 IN CHARGE OF THE OWNER OR HIS AGENT.  THE  PROVISIONS  OF  SECTION  FIVE
 HUNDRED  TEN  OF  THIS  CHAPTER SHALL APPLY TO SUCH SUSPENSION EXCEPT AS
 OTHERWISE PROVIDED HEREIN.
   § 2. Subdivision 18 of section 385 of the vehicle and traffic law,  as
 amended by chapter 549 of the laws of 1985, is amended, and a new subdi-
 vision 18-a is added, to read as follows:
   18.  Except  as provided in subdivision EIGHTEEN-A OR nineteen of this
 section, the violation of the provisions of  this  section  including  a
 violation  related  to  the operation, within a city not wholly included
 within one county, of a vehicle which exceeds the  limitations  provided
 for  in  the rules and regulations of the city department of transporta-
 tion of such city, shall be punishable by a fine of not  less  than  two
 hundred  nor  more than five hundred dollars, or by imprisonment for not
 more than thirty days, or by both such fine and  imprisonment,  for  the
 first offense; by a fine of not less than five hundred nor more than one
 thousand dollars, or by imprisonment for not more than sixty days, or by
 both  such  fine and imprisonment, for the second or subsequent offense;
 provided that a sentence or execution thereof for  any  violation  under
 this  subdivision  may  not  be  suspended.  For  any  violation  of the
 provisions of this section, including a violation related to the  opera-
 tion,  within a city not wholly included within one county, of a vehicle
 which exceeds the limitations provided for in the rules and  regulations
 of  the city department of transportation of such city, the registration
 of the vehicle may be suspended for a period  not  to  exceed  one  year
 whether  at  the  time of the violation the vehicle was in charge of the
 owner or his agent. The provisions of section five hundred ten  of  this
 chapter  shall  apply  to  such  suspension except as otherwise provided
 herein.
   18-A. A VIOLATION OF THE PROVISIONS OF SUBDIVISION TWO OR FOURTEEN  OF
 THIS  SECTION, WHERE THE VIOLATION RELATES TO THE HEIGHT OF THE VEHICLE,
 INCLUDING A VIOLATION RELATED TO THE OPERATION, WITHIN A CITY NOT WHOLLY
 INCLUDED WITHIN ONE COUNTY, OF A VEHICLE WHICH EXCEEDS  THE  LIMITATIONS
 PROVIDED  FOR  IN  THE  RULES  AND REGULATIONS OF THE CITY DEPARTMENT OF
 TRANSPORTATION OF SUCH CITY, SHALL BE PUNISHABLE BY A FINE OF  NOT  MORE
 THAN  FIVE THOUSAND DOLLARS, OR BY IMPRISONMENT FOR NOT MORE THAN THIRTY
 DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT, FOR THE FIRST OFFENSE; BY A
 FINE OF NOT MORE THAN SEVEN THOUSAND FIVE HUNDRED DOLLARS, OR BY  IMPRI-
 SONMENT FOR NOT MORE THAN SIXTY DAYS, OR BY BOTH SUCH FINE AND IMPRISON-

 S. 7508--A                          8                         A. 9508--A
 
 MENT,  FOR THE SECOND OR SUBSEQUENT OFFENSE; PROVIDED THAT A SENTENCE OR
 EXECUTION THEREOF FOR ANY VIOLATION UNDER THIS SUBDIVISION  MAY  NOT  BE
 SUSPENDED.  FOR ANY VIOLATION OF THE PROVISIONS OF THIS SECTION, INCLUD-
 ING  A  VIOLATION  RELATED  TO  THE  OPERATION, WITHIN A CITY NOT WHOLLY
 INCLUDED WITHIN ONE COUNTY, OF A VEHICLE WHICH EXCEEDS  THE  LIMITATIONS
 PROVIDED  FOR  IN  THE  RULES  AND REGULATIONS OF THE CITY DEPARTMENT OF
 TRANSPORTATION OF SUCH CITY, THE REGISTRATION  OF  THE  VEHICLE  MAY  BE
 SUSPENDED FOR A PERIOD NOT TO EXCEED ONE YEAR WHETHER AT THE TIME OF THE
 VIOLATION  THE  VEHICLE  WAS  IN  CHARGE  OF THE OWNER OR HIS AGENT. THE
 PROVISIONS OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER  SHALL  APPLY  TO
 SUCH SUSPENSION EXCEPT AS OTHERWISE PROVIDED HEREIN.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART C
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 141-c to read as follows:
   § 141-C. SAFETY SERVICE PATROL VEHICLE. A VEHICLE  DESIGNATED  BY  THE
 COMMISSIONER  OF  TRANSPORTATION  TO PROVIDE HIGHWAY INCIDENT MANAGEMENT
 AND MOTORIST ASSISTANCE BY, AMONG OTHER  THINGS,  CLEARING  HIGHWAYS  OF
 DISABLED  AND  DAMAGED  VEHICLES;  PERMANENTLY  OR TEMPORARILY REPAIRING
 DISABLED OR DAMAGED VEHICLES; CLEARING SMALL DEBRIS RESULTING FROM MINOR
 ACCIDENTS OR VEHICLE REPAIR; AND  ASSISTING  EMERGENCY  RESPONDERS  WITH
 TRAFFIC CONTROL AT HIGHWAY INCIDENTS.
   § 2. Subparagraphs a and c of paragraph 4 of subdivision 41 of section
 375  of  the  vehicle  and traffic law, as amended by chapter 465 of the
 laws of 2010, are amended to read as follows:
   a. One blue light may be affixed to  any  motor  vehicle  owned  by  a
 volunteer  member  of a fire department or on a motor vehicle owned by a
 member of such person's family residing in the same household  or  by  a
 business  enterprise  in which such person has a proprietary interest or
 by which he or she is employed, provided such volunteer firefighter  has
 been  authorized in writing to so affix a blue light by the chief of the
 fire department or company of which he or she is a member, which author-
 ization shall be subject to revocation at any  time  by  the  chief  who
 issued  the  same or his or her successor in office. Such blue light may
 be displayed exclusively by such volunteer firefighter on such a vehicle
 only when engaged in an emergency operation. The use of blue  lights  on
 vehicles  shall  be  restricted  for use only by a volunteer firefighter
 except as otherwise provided for in [subparagraph] SUBPARAGRAPHS  b  AND
 B-1 of this paragraph.
   c.  The commissioner is authorized to promulgate rules and regulations
 relating to the use, placement, power and display of blue  lights  on  a
 police vehicle [and], fire vehicle AND SAFETY PATROL VEHICLE.
   §  3.  Paragraph 4 of subdivision 41 of section 375 of the vehicle and
 traffic law is amended by adding a  new  subparagraph  b-1  to  read  as
 follows:
   B-1.  IN ADDITION TO THE AMBER LIGHT AUTHORIZED TO BE DISPLAYED PURSU-
 ANT TO PARAGRAPH THREE OF THIS SUBDIVISION, ONE OR MORE BLUE  LIGHTS  OR
 COMBINATION  BLUE  AND  AMBER  LIGHTS MAY BE AFFIXED TO A SAFETY SERVICE
 PATROL VEHICLE  PROVIDED  THAT  SUCH  BLUE  LIGHT  OR  LIGHTS  SHALL  BE
 DISPLAYED  FOR  REAR  PROJECTION  ONLY. SUCH BLUE LIGHT OR LIGHTS MAY BE
 DISPLAYED ON A SAFETY SERVICE PATROL VEHICLE WHEN SUCH VEHICLE  IS  ALSO
 DISPLAYING  AMBER  LIGHT  OR  LIGHTS PURSUANT TO PARAGRAPH THREE OF THIS
 SUBDIVISION. NOTHING CONTAINED IN THIS SUBPARAGRAPH SHALL BE  DEEMED  TO

 S. 7508--A                          9                         A. 9508--A
 
 AUTHORIZE  THE  USE  OF  BLUE LIGHTS ON A SAFETY SERVICE PATROL VEHICLES
 UNLESS SUCH SAFETY SERVICE PATROL VEHICLES  ALSO  DISPLAY  ONE  OR  MORE
 AMBER LIGHTS AS OTHERWISE AUTHORIZED IN THIS SUBDIVISION.
   § 4. Subdivision (b) of section 1144-a of the vehicle and traffic law,
 as  amended by chapter 458 of the laws of 2011, is amended to to read as
 follows:
   (b) Every operator of a motor vehicle shall exercise due care to avoid
 colliding with a hazard vehicle which is parked, stopped or standing  on
 the  shoulder  or on any portion of such highway and such hazard vehicle
 is displaying one or more amber lights pursuant  to  the  provisions  of
 paragraph three of subdivision forty-one of section three hundred seven-
 ty-five  of  this chapter OR, IF SUCH HAZARD VEHICLE IS A SAFETY SERVICE
 PATROL VEHICLE, SUCH VEHICLE IS DISPLAYING ONE OR MORE AMBER  LIGHTS  OR
 ONE  OR  MORE  BLUE OR COMBINATION BLUE AND AMBER LIGHTS PURSUANT TO THE
 PROVISIONS OF PARAGRAPH THREE OR SUBPARAGRAPH B-1 OF PARAGRAPH FOUR,  AS
 APPLICABLE,  OF  SUBDIVISION FORTY-ONE OF SECTION THREE HUNDRED SEVENTY-
 FIVE OF THIS CHAPTER. For operators of motor  vehicles  on  parkways  or
 controlled  access  highways,  such  due  care shall include, but not be
 limited to, moving from a lane which contains or is immediately adjacent
 to the shoulder where (I) such hazard vehicle  displaying  one  or  more
 amber  lights  pursuant to the provisions of paragraph three of subdivi-
 sion forty-one of section three hundred seventy-five of this chapter  OR
 (II)  SUCH  SAFETY  SERVICE  PATROL VEHICLE DISPLAYING ONE OR MORE AMBER
 LIGHTS OR ONE OR MORE BLUE OR COMBINATION AND AMBER LIGHTS  PURSUANT  TO
 THE PROVISIONS OF PARAGRAPH THREE OR SUBPARAGRAPH B-1 OF PARAGRAPH FOUR,
 AS  APPLICABLE, OF SUBDIVISION FORTY-ONE OF SECTION THREE HUNDRED SEVEN-
 TY-FIVE OF THIS CHAPTER, is parked, stopped or standing to another lane,
 provided that such movement otherwise complies with the requirements  of
 this  chapter  including, but not limited to, the provisions of sections
 eleven hundred ten and eleven hundred twenty-eight of this title.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART D

   Section 1. This act enacts into law components  of  legislation  which
 are  necessary  to  implement  legislation relating to enacting the slow
 down and look out for highway workers and pedestrians act of 2020.  Each
 component  is wholly contained within a Subpart identified as Subparts A
 through C. The effective date for each  particular  provision  contained
 within  such  Subpart  is set forth in the last section of such Subpart.
 Any provision in any section contained within a Subpart,  including  the
 effective  date of the Subpart, which makes a reference to a section "of
 this act", when used in connection with that particular component, shall
 be deemed to mean and refer to the corresponding section of the  Subpart
 in  which  it is found. Section three of this act sets forth the general
 effective date of this act.
 
                                 SUBPART A

   Section 1. Subdivisions 3 and 11 of section 120.05 of the  penal  law,
 subdivision  3 as amended by chapter 267 of the laws of 2016, and subdi-
 vision 11 as separately amended by chapters 268 and 281 of the  laws  of
 2016, are amended to read as follows:
   3.  With intent to prevent a peace officer, a police officer, prosecu-
 tor as defined in subdivision thirty-one of section 1.20 of the criminal

 S. 7508--A                         10                         A. 9508--A
 
 procedure law, registered nurse, licensed practical nurse, public health
 sanitarian, New York city public health sanitarian, sanitation  enforce-
 ment  agent, New York city sanitation worker, a firefighter, including a
 firefighter acting as a paramedic or emergency medical technician admin-
 istering  first  aid  in the course of performance of duty as such fire-
 fighter, an emergency medical service  paramedic  or  emergency  medical
 service  technician, or medical or related personnel in a hospital emer-
 gency department, a city marshal,  a  school  crossing  guard  appointed
 pursuant  to section two hundred eight-a of the general municipal law, a
 traffic enforcement officer, traffic enforcement agent, A HIGHWAY WORKER
 AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND  TRAFFIC
 LAW, A MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED
 IN  SECTION  ONE  HUNDRED  EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, or
 employee of any entity governed by the public service law in the  course
 of  performing  an  essential service, from performing a lawful duty, by
 means including releasing or failing to control an animal under  circum-
 stances  evincing the actor's intent that the animal obstruct the lawful
 activity of such peace officer, police officer, prosecutor as defined in
 subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
 registered  nurse,  licensed  practical nurse, public health sanitarian,
 New York city public health sanitarian,  sanitation  enforcement  agent,
 New  York  city  sanitation  worker, firefighter, paramedic, technician,
 city marshal, school crossing guard appointed pursuant  to  section  two
 hundred  eight-a of the general municipal law, traffic enforcement offi-
 cer, traffic enforcement agent, HIGHWAY WORKER AS DEFINED BY SECTION ONE
 HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPEC-
 TOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED  IN  SECTION  ONE  HUNDRED
 EIGHTEEN-B  OF  THE  VEHICLE  AND  TRAFFIC LAW, or employee of an entity
 governed by the public service law, he or she causes physical injury  to
 such peace officer, police officer, prosecutor as defined in subdivision
 thirty-one  of  section  1.20  of the criminal procedure law, registered
 nurse, licensed practical nurse, public health sanitarian, New York city
 public health sanitarian, sanitation enforcement agent,  New  York  city
 sanitation  worker,  firefighter,  paramedic,  technician  or medical or
 related personnel in a  hospital  emergency  department,  city  marshal,
 school  crossing guard, traffic enforcement officer, traffic enforcement
 agent, HIGHWAY WORKER AS DEFINED BY SECTION EIGHTEEN-A  OF  THE  VEHICLE
 AND  TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR
 AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND  TRAFFIC
 LAW, or employee of an entity governed by the public service law; or
   11.  With  intent to cause physical injury to a train operator, ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner or terminal cleaner employed by any transit agency, authority or
 company, public or private, whose operation is authorized  by  New  York
 state  or  any  of  its political subdivisions, a city marshal, a school
 crossing guard appointed pursuant to section two hundred eight-a of  the
 general  municipal  law, a traffic enforcement officer, traffic enforce-
 ment agent, A HIGHWAY WORKER AS DEFINED IN  SECTION  ONE  HUNDRED  EIGH-
 TEEN-A  OF  THE  VEHICLE  AND TRAFFIC LAW, A MOTOR VEHICLE INSPECTOR AND
 MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED  EIGHTEEN-B
 OF  THE  VEHICLE  AND  TRAFFIC LAW, prosecutor as defined in subdivision
 thirty-one of section 1.20 of the  criminal  procedure  law,  sanitation
 enforcement  agent, New York city sanitation worker, public health sani-
 tarian, New  York  city  public  health  sanitarian,  registered  nurse,
 licensed  practical nurse, emergency medical service paramedic, or emer-
 gency medical service technician, he or she causes  physical  injury  to

 S. 7508--A                         11                         A. 9508--A
 
 such  train  operator,  ticket  inspector,  conductor, signalperson, bus
 operator, station agent,  station  cleaner  or  terminal  cleaner,  city
 marshal, school crossing guard appointed pursuant to section two hundred
 eight-a of the general municipal law, traffic enforcement officer, traf-
 fic  enforcement agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED
 EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE  INSPECTOR  AND
 MOTOR  CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B
 OF THE VEHICLE AND TRAFFIC LAW, prosecutor  as  defined  in  subdivision
 thirty-one  of  section  1.20  of the criminal procedure law, registered
 nurse, licensed practical nurse, public health sanitarian, New York city
 public health sanitarian, sanitation enforcement agent,  New  York  city
 sanitation  worker,  emergency  medical  service paramedic, or emergency
 medical  service  technician,  while  such  employee  is  performing  an
 assigned  duty  on,  or directly related to, the operation of a train or
 bus, including the cleaning of a train or bus station  or  terminal,  or
 such  city  marshal, school crossing guard, traffic enforcement officer,
 traffic enforcement agent, HIGHWAY WORKER  AS  DEFINED  BY  SECTION  ONE
 HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPEC-
 TOR  AND  MOTOR  CARRIER  INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED
 EIGHTEEN-B OF THE VEHICLE AND TRAFFIC  LAW,  prosecutor  as  defined  in
 subdivision  thirty-one  of  section 1.20 of the criminal procedure law,
 registered nurse, licensed practical nurse,  public  health  sanitarian,
 New  York  city  public health sanitarian, sanitation enforcement agent,
 New York city sanitation worker, emergency medical service paramedic, or
 emergency medical service technician is performing an assigned duty; or
   § 2. The penal law is amended by adding a new section 120.19  to  read
 as follows:
 § 120.19 MENACING A HIGHWAY WORKER.
   A  PERSON IS GUILTY OF MENACING A HIGHWAY WORKER WHEN HE OR SHE INTEN-
 TIONALLY PLACES OR ATTEMPTS TO PLACE A HIGHWAY WORKER IN REASONABLE FEAR
 OF DEATH, IMMINENT SERIOUS  PHYSICAL  INJURY  OR  PHYSICAL  INJURY.  FOR
 PURPOSES  OF  THIS SECTION, A HIGHWAY WORKER SHALL HAVE THE SAME MEANING
 AS DEFINED BY SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND  TRAFFIC
 LAW.
   MENACING A HIGHWAY WORKER IS A CLASS E FELONY.
   § 3. The vehicle and traffic law is amended by adding two new sections
 118-a and 118-b to read as follows:
   §  118-A.  HIGHWAY  WORKER. ANY PERSON EMPLOYED BY OR ON BEHALF OF THE
 STATE, A COUNTY, CITY, TOWN OR VILLAGE,  A  PUBLIC  AUTHORITY,  A  LOCAL
 AUTHORITY,  OR  A  PUBLIC UTILITY COMPANY, OR THE AGENT OR CONTRACTOR OF
 ANY SUCH ENTITY, WHO HAS BEEN ASSIGNED TO PERFORM  WORK  ON  A  HIGHWAY,
 INCLUDING  MAINTENANCE,  REPAIR,  FLAGGING,  UTILITY WORK, CONSTRUCTION,
 RECONSTRUCTION OR OPERATION OF EQUIPMENT ON PUBLIC  HIGHWAY  INFRASTRUC-
 TURE  AND ASSOCIATED RIGHTS-OF-WAY IN HIGHWAY WORK AREAS, AND SHALL ALSO
 INCLUDE ANY FLAGPERSON AS DEFINED IN SECTION ONE  HUNDRED  FIFTEEN-B  OF
 THIS ARTICLE.
   §  118-B.  MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR. ANY
 PERSON EMPLOYED BY THE NEW YORK STATE DEPARTMENT OF  TRANSPORTATION  WHO
 HAS BEEN ASSIGNED TO PERFORM INSPECTIONS OF ANY MOTOR VEHICLES OR INVES-
 TIGATION OF ANY CARRIERS REGULATED BY THE COMMISSIONER OF THE DEPARTMENT
 OF TRANSPORTATION.
   §  4.  Paragraph  b of subdivision 2 of section 510 of the vehicle and
 traffic law is amended by adding a new subparagraph (xviii) to  read  as
 follows:
   (XVIII)  FOR  A  PERIOD OF SIX MONTHS WHERE THE HOLDER IS CONVICTED OF
 THE CRIME OF ASSAULT IN THE FIRST, SECOND, OR THIRD DEGREE,  MENACING  A

 S. 7508--A                         12                         A. 9508--A
 
 HIGHWAY  WORKER,  OR  MENACING IN THE FIRST, SECOND, OR THIRD DEGREE, AS
 DEFINED BY ARTICLE ONE HUNDRED TWENTY  OF  THE  PENAL  LAW,  WHERE  SUCH
 OFFENSE WAS COMMITTED AGAINST A HIGHWAY WORKER.
   §  5.  The  vehicle and traffic law is amended by adding a new section
 1221-a to read as follows:
   § 1221-A. INTRUSION INTO AN ACTIVE WORK ZONE. 1. NO DRIVER OF A  VEHI-
 CLE  SHALL  ENTER OR INTRUDE INTO AN ACTIVE WORK ZONE EXCEPT UPON DIREC-
 TION FROM A FLAGPERSON, POLICE  OFFICER,  OR  OTHER  VISIBLY  DESIGNATED
 PERSON  IN  CHARGE  OF  TRAFFIC CONTROL OR UPON DIRECTION FROM A TRAFFIC
 CONTROL DEVICE REGULATING ENTRY THEREIN. FOR PURPOSES OF  THIS  SECTION,
 THE  TERM  "ACTIVE WORK ZONE" SHALL MEAN THE PHYSICAL AREA OF A HIGHWAY,
 STREET, OR PRIVATE ROAD ON WHICH CONSTRUCTION, MAINTENANCE,  OR  UTILITY
 WORK  IS  BEING CONDUCTED, WHICH IS MARKED BY SIGNS, CHANNELING DEVICES,
 BARRIERS, PAVEMENT MARKINGS, OR WORK VEHICLES,  AND  WHERE  WORKERS  ARE
 PHYSICALLY PRESENT.
   2.  A  VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL CONSTITUTE A
 CLASS B MISDEMEANOR PUNISHABLE BY A FINE OF NOT LESS  THAN  TWO  HUNDRED
 FIFTY  DOLLARS,  NOR  MORE  THAN  FIVE HUNDRED DOLLARS OR BY A PERIOD OF
 IMPRISONMENT NOT TO EXCEED THREE MONTHS, OR BY BOTH SUCH FINE AND IMPRI-
 SONMENT.
   § 6. The vehicle and traffic law is amended by adding  a  new  section
 1221-b to read as follows:
   § 1221-B. WORK ZONE SAFETY AND OUTREACH. THE GOVERNOR'S TRAFFIC SAFETY
 COMMITTEE,  UPON  CONSULTATION  WITH THE COMMISSIONER OF TRANSPORTATION,
 THE SUPERINTENDENT OF STATE POLICE, THE COMMISSIONER,  THE  CHAIRMAN  OF
 THE  NEW  YORK  STATE THRUWAY AUTHORITY, LOCAL LAW ENFORCEMENT AGENCIES,
 AND REPRESENTATIVES FOR  CONTRACTORS  AND  LABORERS,  SHALL  DESIGN  AND
 IMPLEMENT  A  PUBLIC EDUCATION AND OUTREACH PROGRAM TO INCREASE MOTORIST
 AWARENESS OF THE IMPORTANCE OF HIGHWAY WORK ZONE SAFETY, TO  REDUCE  THE
 NUMBER  OF  WORK ZONE INCIDENTS, INCLUDING SPEEDING, UNAUTHORIZED INTRU-
 SIONS INTO WORK ZONES, AND ANY CONDUCT RESULTING IN THREATS OR  INJURIES
 TO HIGHWAY WORKERS, AND TO INCREASE AND PROMOTE WORK ZONE SAFETY.
   § 7. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                 SUBPART B
 
   Section 1. Subdivision 1 of section 600 of the vehicle and traffic law
 is amended by adding a new paragraph c to read as follows:
   C.  ANY  PERSON  OPERATING A MOTOR VEHICLE INVOLVED IN AN ACCIDENT NOT
 INVOLVING PERSONAL INJURY OR DEATH WHO MOVES SUCH VEHICLE TO A  LOCATION
 OFF  THE  ROADWAY  BUT AS NEAR AS POSSIBLE TO THE PLACE WHERE THE DAMAGE
 OCCURRED, SO AS NOT TO OBSTRUCT THE REGULAR FLOW OF TRAFFIC,  SHALL  NOT
 BE  CONSTRUED  TO  BE  IN  VIOLATION OF THIS SUBDIVISION BECAUSE OF SUCH
 MOVEMENT.
   § 2. Subdivision 2 of section 15 of the highway  law,  as  amended  by
 chapter 1110 of the laws of 1971, is amended to read as follows:
   2.  The  commissioner  [of  transportation],  A POLICE OFFICER, OR ANY
 PERSON ACTING AT THE DISCRETION OF THE COMMISSIONER OR A POLICE  OFFICER
 shall  have  the power to cause the immediate removal, from the right of
 way of any state  highway,  of  any  vehicle,  CARGO,  OR  DEBRIS  which
 obstructs  or interferes with the use of such a highway for public trav-
 el; or which obstructs  or  interferes  with  the  construction,  recon-
 struction or maintenance of such a highway; or which obstructs or inter-
 feres  with  the clearing or removal of snow or ice from such a highway;
 or which obstructs or interferes with any operation of the department of

 S. 7508--A                         13                         A. 9508--A
 
 transportation during a public emergency.   THE COMMISSIONER,  A  POLICE
 OFFICER, OR ANY PERSON ACTING AT THE DISCRETION OF THE COMMISSIONER OR A
 POLICE  OFFICER,  SHALL  NOT  BE  LIABLE FOR ANY DAMAGE TO SUCH VEHICLE,
 CARGO,  OR  DEBRIS, UNLESS SUCH REMOVAL WAS CARRIED OUT IN A RECKLESS OR
 GROSSLY NEGLIGENT MANNER. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM
 "POLICE OFFICER" SHALL HAVE THE SAME MEANING AS DEFINED  BY  SUBDIVISION
 THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   § 3. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section 1. Paragraph 1 of subdivision (b) of section 1146 of the vehi-
 cle  and  traffic law, as amended by chapter 333 of the laws of 2010, is
 amended to read as follows:
   1. A driver of a motor vehicle who causes physical injury  as  defined
 in article ten of the penal law to a pedestrian or bicyclist while fail-
 ing  to  exercise  due  care  in  violation  of  subdivision (a) of this
 section, shall be guilty of a traffic infraction punishable by a fine of
 not more than [five hundred] ONE THOUSAND dollars or by imprisonment for
 not more than fifteen days or by both such fine and imprisonment.
   § 2. Paragraph 1 of subdivision (c) of section 1146 of the vehicle and
 traffic law, as amended by chapter 333 of the laws of 2010,  is  amended
 to read as follows:
   1.  A  driver of a motor vehicle who causes serious physical injury as
 defined in article ten of the penal law to  a  pedestrian  or  bicyclist
 while  failing  to  exercise due care in violation of subdivision (a) of
 this section, shall be guilty of a traffic infraction  punishable  by  a
 fine  of  not  more than [seven hundred fifty] ONE THOUSAND FIVE HUNDRED
 dollars or by imprisonment for not more than fifteen days or by required
 participation in a motor vehicle accident prevention course pursuant  to
 paragraph  (e-1) of subdivision two of section 65.10 of the penal law or
 by any combination of such fine, imprisonment or course, and by  suspen-
 sion of a license or registration pursuant to subparagraph (xiv) or (xv)
 of  paragraph  b  of subdivision two of section five hundred ten of this
 chapter.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section, subpart or part of this act shall be adjudged by a  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,
 subpart  or  part  thereof directly involved in the controversy in which
 such judgment shall have been rendered. It is hereby declared to be  the
 intent  of the legislature that this act would have been enacted even if
 such invalid provisions had not been included herein.
   § 3. This act shall take effect immediately, provided,  however,  that
 the  applicable effective date of Subparts A through C of this act shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART E
 
   Section 1. Subdivision 16 of section 385 of the  vehicle  and  traffic
 law  is  amended to add fourteen new paragraphs (v), (w), (x), (y), (z),
 (aa), (bb), (cc), (dd), (ee), (ff), (gg),  (hh)  and  (ii)  to  read  as
 follows:

 S. 7508--A                         14                         A. 9508--A
 
   (V)  WITHIN  A  DISTANCE  OF  APPROXIMATELY ONE MILE FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 24 TRAVELING  ALONG  INTERSTATE  ROUTE  90  TO
 INTERCHANGE  2  WASHINGTON  AVENUE,  AND  TO WASHINGTON AVENUE TRAVELING
 WESTBOUND TO FULLER ROAD IN A NORTHERLY DIRECTION TO INTERSTATE ROUTE 90
 TRAVELING  TO  INTERCHANGE  24  OF THE NEW YORK STATE THRUWAY, WHERE THE
 COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE  OR  COMBINA-
 TION  OF  VEHICLES  COULD  OPERATE SAFELY ALONG THE DESIGNATED ROUTE AND
 THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT  PROHIB-
 ITS  THE  OPERATION  OF  SUCH VEHICLE OR COMBINATION OF VEHICLES ON SUCH
 ROUTE.
   (W) WITHIN A DISTANCE OF APPROXIMATELY .25 MILES  FROM  THE  NEW  YORK
 STATE  THRUWAY INTERCHANGE 25A, TRAVELING IN A WESTBOUND DIRECTION ALONG
 INTERSTATE ROUTE 88 TO EXIT 25 TO ROUTE 7, AND TO A LEFT ON BECKER  ROAD
 TRAVELING  IN A SOUTHBOUND DIRECTION ON BECKER ROAD FOR APPROXIMATELY .2
 MILES TO THE NEW YORK STATE THRUWAY INTERCHANGE 25A  TANDEM  LOT  ACCESS
 ROAD, WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHI-
 CLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED
 ROUTE  AND  THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIRE-
 MENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION OF  VEHICLES
 ON SUCH ROUTE.
   (X)  WITHIN  A  DISTANCE  OF APPROXIMATELY 2.2 MILES FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 34A TRAVELING IN A SOUTHBOUND DIRECTION  ALONG
 INTERSTATE ROUTE 481 TO INTERSTATE 481 EXIT 5E KIRKVILLE ROAD EAST ALONG
 STATE  ROUTE  53  KIRKVILLE ROAD IN AN EASTBOUND DIRECTION TO INTERSTATE
 ROUTE 481 TRAVELING NORTHBOUND TO EXIT 6 TO INTERCHANGE 34A OF  THE  NEW
 YORK  STATE THRUWAY, WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES
 THAT THE VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE  SAFELY  ALONG
 THE  DESIGNATED  ROUTE AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR
 OTHER REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION
 OF VEHICLES ON SUCH ROUTE.
   (Y) WITHIN A DISTANCE OF APPROXIMATELY .8  MILES  FROM  THE  NEW  YORK
 STATE  THRUWAY  INTERCHANGE  35, TRAVELING APPROXIMATELY 200 FEET AROUND
 CARRIER CIRCLE TO TRAVELING NORTHBOUND ON THOMPSON ROAD FOR APPROXIMATE-
 LY 1000 FEET, OR TRAVELING SOUTHBOUND ON THOMPSON ROAD APPROXIMATELY 100
 FEET, TO TRAVELING WESTBOUND ON TARBELL ROAD FOR APPROXIMATELY .5  MILES
 TO  REENTER  AT  THE  DEWITT  SERVICE AREA OF THE NEW YORK STATE THRUWAY
 WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE  OR
 COMBINATION  OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE
 AND THAT NO APPLICABLE FEDERAL  LAW,  REGULATION  OR  OTHER  REQUIREMENT
 PROHIBITS  THE  OPERATION  OF SUCH VEHICLE OR COMBINATION OF VEHICLES ON
 SUCH ROUTE.
   (Z) WITHIN A DISTANCE OF APPROXIMATELY ONE  MILE  FROM  THE  NEW  YORK
 STATE  THRUWAY  INTERCHANGE  36  TRAVELING  IN A SOUTHBOUND DIRECTION ON
 INTERSTATE 81 TO INTERSTATE 81 EXIT 25 7TH NORTH STREET,  AND  TRAVELING
 EASTBOUND ON 7TH NORTH STREET TO INTERSTATE 81 TRAVELING IN A NORTHBOUND
 DIRECTION  TO  INTERCHANGE  36  OF THE NEW YORK STATE THRUWAY, WHERE THE
 COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE  OR  COMBINA-
 TION  OF  VEHICLES  COULD  OPERATE SAFELY ALONG THE DESIGNATED ROUTE AND
 THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT  PROHIB-
 ITS  THE  OPERATION  OF  SUCH VEHICLE OR COMBINATION OF VEHICLES ON SUCH
 ROUTE.
   (AA) WITHIN A DISTANCE OF APPROXIMATELY .6 MILES  FROM  THE  NEW  YORK
 STATE  THRUWAY  INTERCHANGE  39 TRAVELING EASTBOUND ON INTERSTATE 690 TO
 INTERSTATE 690 EXIT 2 JONES ROAD IN  A  NORTHBOUND  DIRECTION  TO  STATE
 ROUTE  690  NORTH TO INTERCHANGE 39 OF THE NEW YORK STATE THRUWAY, WHERE
 THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR COMBI-

 S. 7508--A                         15                         A. 9508--A
 
 NATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED  ROUTE  AND
 THAT  NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT PROHIB-
 ITS THE OPERATION OF SUCH VEHICLE OR COMBINATION  OF  VEHICLES  ON  SUCH
 ROUTE.
   (BB)  WITHIN  A  DISTANCE  OF APPROXIMATELY .5 MILES FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 45, TRAVELING ON INTERSTATE 490 TO  INTERSTATE
 490  EXIT 29, IN A SOUTHWESTERLY DIRECTION ALONG NEW YORK STATE ROUTE 96
 TO THE POINT WHERE NEW YORK STATE ROUTE 96 INTERSECTS WITH THE  ENTRANCE
 RAMP TO THE NEW YORK STATE THRUWAY INTERCHANGE 45, AND FOR APPROXIMATELY
 .2  MILES  ALONG THIS ENTRANCE RAMP TO THE NEW YORK STATE THRUWAY INTER-
 CHANGE 45, WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT  THE
 VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIG-
 NATED  ROUTE  AND  THAT  NO  APPLICABLE FEDERAL LAW, REGULATION OR OTHER
 REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE  OR  COMBINATION  OF
 VEHICLES ON SUCH ROUTE.
   (CC)  WITHIN  A  DISTANCE  OF APPROXIMATELY .6 MILES FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 46, TRAVELING IN A NORTHEASTERLY DIRECTION  ON
 THE  RAMP  FROM  THE NEW YORK STATE THRUWAY INTERCHANGE 46 TO INTERSTATE
 390 NORTH EXIT TO NEW YORK STATE ROUTE 253, LEHIGH STATION ROAD,  FOR  A
 DISTANCE  OF  APPROXIMATELY  .5 MILES ALONG THE RAMP FROM INTERSTATE 390
 NORTH EXIT TO NEW YORK STATE ROUTE  253,  LEHIGH  STATION  ROAD,  FOR  A
 DISTANCE  OF  APPROXIMATELY  .6  MILES IN A WESTERLY DIRECTION ALONG NEW
 YORK STATE ROUTE 253, LEHIGH STATION ROAD, TO THE  INTERSECTION  OF  NEW
 YORK  STATE  ROUTE 253 WITH NEW YORK STATE ROUTE 15, THEN FOR A DISTANCE
 OF APPROXIMATELY .6 MILES IN A SOUTHERLY DIRECTION ALONG NEW YORK  STATE
 ROUTE  15,  TO  THE  NEW  YORK  STATE THRUWAY INTERCHANGE 46 MAINTENANCE
 FACILITY ENTRANCE, WHERE THE COMMISSIONER OF  TRANSPORTATION  DETERMINES
 THAT  THE  VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG
 THE DESIGNATED ROUTE AND THAT NO APPLICABLE FEDERAL LAW,  REGULATION  OR
 OTHER REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION
 OF VEHICLES ON SUCH ROUTE.
   (DD)  WITHIN  A  DISTANCE  OF APPROXIMATELY .3 MILES FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 47, TRAVELING ON INTERSTATE 490 TO  INTERSTATE
 490  EXIT 1, TO A DISTANCE OF APPROXIMATELY .2 MILES ALONG THE RAMP FROM
 INTERSTATE 490 EXIT 1, FOR A DISTANCE OF APPROXIMATELY  .4  MILES  IN  A
 SOUTHWESTERLY DIRECTION TO THE ENTRANCE RAMP OF THE NEW YORK STATE THRU-
 WAY  INTERCHANGE 47, WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES
 THAT THE VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE  SAFELY  ALONG
 THE  DESIGNATED  ROUTE AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR
 OTHER REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION
 OF VEHICLES ON SUCH ROUTE.
   (EE) WITHIN A DISTANCE OF APPROXIMATELY .6 MILES  FROM  THE  NEW  YORK
 STATE  THRUWAY  INTERCHANGE 19, TRAVELING IN A WESTBOUND DIRECTION ALONG
 ROUTE 28 TO ROUTE 209, AND TRAVELING IN A SOUTHBOUND DIRECTION ON  ROUTE
 209  FOR  APPROXIMATELY  .1 MILES TO ROUTE 28, AND TRAVELING IN AN EAST-
 BOUND DIRECTION ON ROUTE 28 FOR APPROXIMATELY .8 MILES TO THE  NEW  YORK
 STATE  THRUWAY  INTERCHANGE  19 WHERE THE COMMISSIONER OF TRANSPORTATION
 DETERMINES THAT THE VEHICLE OR COMBINATION  OF  VEHICLES  COULD  OPERATE
 SAFELY  ALONG  THE  DESIGNATED ROUTE AND THAT NO APPLICABLE FEDERAL LAW,
 REGULATION OR OTHER REQUIREMENT PROHIBITS THE OPERATION OF SUCH  VEHICLE
 OR COMBINATION OF VEHICLES ON SUCH ROUTE.
   (FF)  WITHIN  A  DISTANCE  OF APPROXIMATELY .5 MILES FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 31, TRAVELING ONTO THE RAMP TO GENESEE  STREET
 SOUTH  FOR  APPROXIMATELY 2800 FEET TO GENESEE STREET NORTH FOR APPROXI-
 MATELY 275 FEET TO INTERCHANGE 31 OF THE NEW YORK  STATE  THRUWAY  WHERE
 THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR COMBI-

 S. 7508--A                         16                         A. 9508--A
 
 NATION  OF  VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE AND
 THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT  PROHIB-
 ITS  THE  OPERATION  OF  SUCH VEHICLE OR COMBINATION OF VEHICLES ON SUCH
 ROUTE.
   (GG)  WITHIN  A  DISTANCE  OF APPROXIMATELY .2 MILES FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 33 TRAVELING WESTBOUND ON STATE ROUTE 365  FOR
 APPROXIMATELY  900  FEET TO INTERCHANGE 33 OF THE NEW YORK STATE THRUWAY
 WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE  OR
 COMBINATION  OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE
 AND THAT NO APPLICABLE FEDERAL  LAW,  REGULATION  OR  OTHER  REQUIREMENT
 PROHIBITS  THE  OPERATION  OF SUCH VEHICLE OR COMBINATION OF VEHICLES ON
 SUCH ROUTE.
   (HH) WITHIN A DISTANCE OF APPROXIMATELY .15 MILES FROM  THE  NEW  YORK
 STATE  THRUWAY  INTERCHANGE  42 TRAVELING ON STATE ROUTE 14 FOR APPROXI-
 MATELY 750 FEET FOR TRAVEL TO AND FROM THE THRUWAY TANDEM LOT AND INTER-
 CHANGE 42 WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES  THAT  THE
 VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIG-
 NATED  ROUTE  AND  THAT  NO  APPLICABLE FEDERAL LAW, REGULATION OR OTHER
 REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE  OR  COMBINATION  OF
 VEHICLES ON SUCH ROUTE .
   (II)  WITHIN  A  DISTANCE  OF APPROXIMATELY .1 MILES FROM THE NEW YORK
 STATE INTERCHANGE 43 TRAVELING ON STATE ROUTE 21 FOR  APPROXIMATELY  600
 FEET  FOR  TRAVEL  TO AND FROM THE THRUWAY TANDEM LOT AND INTERCHANGE 43
 WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE  OR
 COMBINATION  OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE
 AND THAT NO APPLICABLE FEDERAL  LAW,  REGULATION  OR  OTHER  REQUIREMENT
 PROHIBITS  THE  OPERATION  OF SUCH VEHICLE OR COMBINATION OF VEHICLES ON
 SUCH ROUTE.
   § 2. This act shall take effect immediately.
 
                                  PART F
 
   Section 1. Paragraph a of subdivision 6 of section 2897 of the  public
 authorities law, as added by chapter 766 of the laws of 2005, is amended
 and a new paragraph f is added to read as follows:
   a.  All  disposals  or  contracts for disposal of property of a public
 authority made or authorized by the contracting officer  shall  be  made
 after  publicly  advertising  for bids except as provided in [paragraph]
 PARAGRAPHS c AND F of this subdivision.
   F. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, DISPOSALS
 FOR USE OF THE THRUWAY AUTHORITY'S FIBER OPTIC SYSTEM, OR ANY PART THER-
 EOF, MAY BE MADE  THROUGH  AGREEMENTS  THAT  SHALL  NOT  REQUIRE  PUBLIC
 AUCTION, PROVIDED THAT THE THRUWAY AUTHORITY HAS DETERMINED THE DISPOSAL
 OF SUCH PROPERTY COMPLIES WITH ALL APPLICABLE PROVISIONS OF THIS CHAPTER
 AND  PROVIDED  THAT  SUCH  DISPOSALS  SHALL  NOT REQUIRE THE EXPLANATORY
 STATEMENTS REQUIRED BY THIS SECTION.
   § 2. This act shall take effect immediately.
 
                                  PART G
 
   Section 1. Section 351 of the public authorities  law  is  amended  by
 adding a new subdivision 11 to read as follows:
   11. THE TERM "CROSS-HUDSON BRIDGE SYSTEM" SHALL MEAN COLLECTIVELY: (A)
 THE FRANKLIN DELANO ROOSEVELT MID-HUDSON BRIDGE, CONSTRUCTED PURSUANT TO
 CHAPTER  NINE  HUNDRED  OF THE LAWS OF NINETEEN HUNDRED TWENTY-THREE, AS
 AMENDED; (B) THE RIP VAN WINKLE BRIDGE, CONSTRUCTED  ACROSS  THE  HUDSON

 S. 7508--A                         17                         A. 9508--A
 
 RIVER  NORTH OF THE VILLAGE OF CATSKILL AND SOUTH OF THE CITY OF HUDSON;
 (C) THE BEAR MOUNTAIN BRIDGE, CONSTRUCTED BY THE  BEAR  MOUNTAIN  HUDSON
 RIVER  BRIDGE  COMPANY, PURSUANT TO CHAPTER THREE HUNDRED FIFTY-EIGHT OF
 THE   LAWS  OF  NINETEEN  HUNDRED  TWENTY-TWO;  (D)  THE  HAMILTON  FISH
 NEWBURGH-BEACON BRIDGE, INCLUDING BOTH SPANS OF THE  BRIDGE  CONSTRUCTED
 ACROSS  THE  HUDSON RIVER BETWEEN A LOCATION IN THE VICINITY OF THE CITY
 OF NEWBURGH AND A LOCATION IN THE VICINITY OF THE CITY  OF  BEACON;  (E)
 THE  KINGSTON-RHINECLIFF  BRIDGE,  CONSTRUCTED  ACROSS  THE HUDSON RIVER
 WITHIN FIVE MILES OF THE CITY OF KINGSTON; AND (F) THE WALKWAY OVER  THE
 HUDSON  BRIDGE,  THE  POUGHKEEPSIE-HIGHLAND  RAILROAD  BRIDGE, WHICH WAS
 CONSTRUCTED ACROSS THE HUDSON RIVER NORTH OF THE FRANKLIN DELANO  ROOSE-
 VELT MID-HUDSON BRIDGE.
   §  2. Section 356 of the public authorities law is amended by adding a
 new subdivision 10 to read as follows:
   10. THE CROSS-HUDSON BRIDGE SYSTEM. INCLUDING COLLECTIVELY:   (A)  THE
 FRANKLIN  DELANO  ROOSEVELT  MID-HUDSON  BRIDGE, CONSTRUCTED PURSUANT TO
 CHAPTER NINE HUNDRED OF THE LAWS OF NINETEEN  HUNDRED  TWENTY-THREE,  AS
 AMENDED;  (B)  THE  RIP VAN WINKLE BRIDGE, CONSTRUCTED ACROSS THE HUDSON
 RIVER NORTH OF THE VILLAGE OF CATSKILL AND SOUTH OF THE CITY OF  HUDSON;
 (C)  THE  BEAR  MOUNTAIN BRIDGE, CONSTRUCTED BY THE BEAR MOUNTAIN HUDSON
 RIVER BRIDGE COMPANY, PURSUANT TO CHAPTER THREE HUNDRED  FIFTY-EIGHT  OF
 THE   LAWS  OF  NINETEEN  HUNDRED  TWENTY-TWO;  (D)  THE  HAMILTON  FISH
 NEWBURGH-BEACON BRIDGE, INCLUDING BOTH SPANS OF THE  BRIDGE  CONSTRUCTED
 ACROSS  THE  HUDSON RIVER BETWEEN A LOCATION IN THE VICINITY OF THE CITY
 OF NEWBURGH AND A LOCATION IN THE VICINITY OF THE CITY  OF  BEACON;  (E)
 THE  KINGSTON-RHINECLIFF  BRIDGE,  CONSTRUCTED  ACROSS  THE HUDSON RIVER
 WITHIN FIVE MILES OF THE CITY OF KINGSTON; AND (F) THE WALKWAY OVER  THE
 HUDSON  BRIDGE,  THE  POUGHKEEPSIE-HIGHLAND  RAILROAD  BRIDGE, WHICH WAS
 CONSTRUCTED ACROSS THE HUDSON RIVER NORTH OF THE FRANKLIN DELANO  ROOSE-
 VELT MID-HUDSON BRIDGE.
   §  3. Section 356-a of the public authorities law is amended by adding
 new subdivisions 6 and 7 to read as follows:
   6. ALL THAT PORTION OF TOURING ROUTE ONE HUNDRED NINETY-NINE  CONNECT-
 ING  ULSTER  AND  DUTCHESS COUNTIES WHICH IS IDENTIFIED AND KNOWN AS THE
 KINGSTON-RHINECLIFF BRIDGE SHALL BE DESIGNATED AND KNOWN AS THE  "GEORGE
 CLINTON KINGSTON-RHINECLIFF BRIDGE".
   7.  THE  BRIDGE  CONSTRUCTED  BY THE BEAR MOUNTAIN HUDSON RIVER BRIDGE
 COMPANY, PURSUANT TO CHAPTER THREE HUNDRED AND FIFTY-EIGHT OF  THE  LAWS
 OF NINETEEN HUNDRED TWENTY-TWO WHICH IS IDENTIFIED AND KNOWN AS THE BEAR
 MOUNTAIN  BRIDGE  SHALL  BE  DESIGNATED  AND  KNOWN AS THE "PURPLE HEART
 VETERANS MEMORIAL BRIDGE".
   § 4. Section 349-a of the highway law  is  amended  by  adding  a  new
 subdivision 10 to read as follows:
   10.  THE  CROSS-HUDSON  BRIDGE SYSTEM. INCLUDING COLLECTIVELY: (A) THE
 FRANKLIN DELANO ROOSEVELT MID-HUDSON  BRIDGE,  CONSTRUCTED  PURSUANT  TO
 CHAPTER  NINE  HUNDRED  OF THE LAWS OF NINETEEN HUNDRED TWENTY-THREE, AS
 AMENDED; (B) THE RIP VAN WINKLE BRIDGE, CONSTRUCTED  ACROSS  THE  HUDSON
 RIVER  NORTH OF THE VILLAGE OF CATSKILL AND SOUTH OF THE CITY OF HUDSON;
 (C) THE BEAR MOUNTAIN BRIDGE, CONSTRUCTED BY THE  BEAR  MOUNTAIN  HUDSON
 RIVER  BRIDGE  COMPANY, PURSUANT TO CHAPTER THREE HUNDRED FIFTY-EIGHT OF
 THE  LAWS  OF  NINETEEN  HUNDRED  TWENTY-TWO;  (D)  THE  HAMILTON   FISH
 NEWBURGH-BEACON  BRIDGE,  INCLUDING BOTH SPANS OF THE BRIDGE CONSTRUCTED
 ACROSS THE HUDSON RIVER BETWEEN A LOCATION IN THE VICINITY OF  THE  CITY
 OF  NEWBURGH  AND  A LOCATION IN THE VICINITY OF THE CITY OF BEACON; (E)
 THE KINGSTON-RHINECLIFF BRIDGE;  CONSTRUCTED  ACROSS  THE  HUDSON  RIVER
 WITHIN  FIVE MILES OF THE CITY OF KINGSTON; AND (F) THE WALKWAY OVER THE

 S. 7508--A                         18                         A. 9508--A
 
 HUDSON BRIDGE, THE  POUGHKEEPSIE-HIGHLAND  RAILROAD  BRIDGE,  WHICH  WAS
 CONSTRUCTED  ACROSS THE HUDSON RIVER NORTH OF THE FRANKLIN DELANO ROOSE-
 VELT MID-HUDSON BRIDGE.
   §  5. Section 373 of the public authorities law is amended by adding a
 new subdivision 3 to read as follows:
   3. UPON ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY, THE  STATE
 OF  NEW  YORK  DOES PLEDGE TO AND AGREE WITH THE HOLDERS OF ANY BONDS OR
 NOTES  OF  THE  AUTHORITY  THAT  THE  STATE  WILL  NOT   AUTHORIZE   THE
 CONSTRUCTION  OR  MAINTENANCE  OF  ANY  ADDITIONAL HIGHWAY CROSSINGS FOR
 VEHICULAR TRAFFIC OVER, UNDER OR ACROSS THE WATERS OF THE  HUDSON  RIVER
 IN  ADDITION  TO THE BRIDGES AND CROSSINGS CONSTITUTING THE CROSS-HUDSON
 BRIDGE SYSTEM AUTHORIZED BY THIS TITLE WHICH WILL  BE  COMPETITIVE  WITH
 THE  BRIDGES  AND CROSSINGS CONSTITUTING THE CROSS-HUDSON BRIDGE SYSTEM,
 NOR WILL IT LIMIT OR ALTER THE RIGHTS HEREBY VESTED IN THE AUTHORITY  TO
 ESTABLISH  AND  COLLECT  SUCH  CHARGES AND TOLLS AS MAY BE CONVENIENT OR
 NECESSARY TO PRODUCE SUFFICIENT REVENUE TO MEET THE EXPENSE  OF  MAINTE-
 NANCE  AND OPERATION AND TO FULFILL THE TERMS OF ANY AGREEMENT MADE WITH
 THE HOLDERS OF THE BONDS OR NOTES, OR IN ANY WAY IMPAIR THE  RIGHTS  AND
 REMEDIES  OF  BONDHOLDERS  OR  NOTEHOLDERS,  UNTIL  THE BONDS AND NOTES,
 TOGETHER WITH INTEREST, AND ALL COSTS AND EXPENSES  IN  CONNECTION  WITH
 ANY  ACTIONS  OR PROCEEDINGS BY OR ON BEHALF OF THE BONDHOLDERS OR NOTE-
 HOLDERS, ARE FULLY MET AND DISCHARGED. FOR THE PURPOSES OF THIS SUBDIVI-
 SION, ANY SUCH BRIDGE OR CROSSING SHALL  BE  CONSIDERED  AS  COMPETITIVE
 ONLY  IF IT SHALL FORM A CONNECTION FOR VEHICULAR TRAFFIC OVER, UNDER OR
 ACROSS THE HUDSON RIVER SOUTH OF A LINE DRAWN ACROSS  THE  HUDSON  RIVER
 FIFTEEN  MILES NORTH OF THE RIP VAN WINKLE BRIDGE, AND NORTH OF THE BEAR
 MOUNTAIN BRIDGE.
   § 6. The public authorities law is amended by adding a new section 389
 to read as follows:
   § 389. ADDITIONAL POWERS OF THE AUTHORITY  TO  UNDERTAKE  AND  FINANCE
 CERTAIN  PROJECTS  IN CONNECTION WITH THE CROSS-HUDSON BRIDGE SYSTEM AND
 THE NEW YORK STATE BRIDGE AUTHORITY.  SIMULTANEOUS WITH  THE  DISCHARGE,
 DEFEASANCE,  REDEMPTION OR REFUNDING OF THE BONDS, NOTES AND OTHER OBLI-
 GATIONS OF THE NEW YORK STATE BRIDGE AUTHORITY  AND  THE  DISCHARGE  AND
 PAYMENT OF ANY OTHER OBLIGATIONS WHATSOEVER OF THE NEW YORK STATE BRIDGE
 AUTHORITY BY THE ISSUANCE OF BONDS OR OTHER OBLIGATIONS OF THE AUTHORITY
 OR OTHERWISE, THE AUTHORITY IS HEREBY AUTHORIZED AS AN ADDITIONAL CORPO-
 RATE  PURPOSE THEREOF, TO ASSUME JURISDICTION FOR ITS CORPORATE PURPOSES
 OF THE CROSS-HUDSON BRIDGE SYSTEM,  WITH  ALL  RIGHTS  AND  POWERS  WITH
 RESPECT  TO SUCH SYSTEM AS ESTABLISHED IN THIS TITLE WITH RESPECT TO ANY
 THRUWAY SECTION OR CONNECTION, INCLUDING, BUT NOT LIMITED TO, THE  POWER
 TO  OPERATE  AND  MAINTAIN  SAID  SYSTEM,  TO FIX AND COLLECT SUCH FEES,
 RENTALS AND CHARGES FOR THE USE THEREOF, TO ISSUE ITS BONDS,  NOTES  AND
 OTHER  OBLIGATIONS  IN  CONFORMITY  WITH  APPLICABLE  PROVISIONS  OF THE
 UNIFORM  COMMERCIAL  CODE  FOR  PURPOSES  OF  THE  ACQUISITION,  DESIGN,
 CONSTRUCTION,  RECONSTRUCTION, REPAIR, REHABILITATION AND IMPROVEMENT OF
 THE CROSS-HUDSON BRIDGE SYSTEM.
   § 7. The public authorities law is amended by  adding  a  new  section
 355-a to read as follows:
   § 355-A. NEW YORK STATE BRIDGE AUTHORITY. 1. THE NEW YORK STATE BRIDGE
 AUTHORITY  CREATED  BY  FORMER SECTION FIVE HUNDRED TWENTY-SEVEN OF THIS
 CHAPTER SHALL BE ABOLISHED UPON  THE  DATE  UPON  WHICH  ALL  COVENANTS,
 AGREEMENTS AND OBLIGATIONS TO THE HOLDERS OF BONDS, NOTES OR OTHER OBLI-
 GATIONS  ISSUED  OR  INCURRED  UNDER ANY BOND RESOLUTION OF THE NEW YORK
 STATE BRIDGE AUTHORITY HAVE BEEN PAID IN FULL OR OTHERWISE FULLY MET AND
 DISCHARGED, WITHIN THE MEANING OF SUCH BOND RESOLUTION.

 S. 7508--A                         19                         A. 9508--A
 
   2. UPON ABOLISHMENT OF  THE  NEW  YORK  STATE  BRIDGE  AUTHORITY,  ALL
 RIGHTS,  FUNCTIONS,  POWERS,  DUTIES,  OBLIGATIONS,  COVENANTS, PLEDGES,
 UNDERTAKINGS, PROPERTIES, DEBTS, AGREEMENTS, ASSETS AND  LIABILITIES  OF
 THE  NEW  YORK  STATE BRIDGE AUTHORITY SHALL BE TRANSFERRED AND ASSIGNED
 TO, ASSUMED BY AND DEVOLVED UPON THE NEW YORK STATE THRUWAY AUTHORITY.
   3. UPON ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY, ALL RULES,
 REGULATIONS, ACTS, ORDERS, DETERMINATIONS, AND DECISIONS OF SUCH AUTHOR-
 ITY  IN  FORCE  AT  THE TIME OF SUCH TRANSFER, ASSIGNMENT, ASSUMPTION OR
 DEVOLUTION, SHALL CONTINUE IN FORCE AND EFFECT  AS  RULES,  REGULATIONS,
 ACTS, ORDERS, DETERMINATIONS AND DECISIONS OF THE NEW YORK STATE THRUWAY
 AUTHORITY UNTIL DULY MODIFIED OR ABROGATED BY THE NEW YORK STATE THRUWAY
 AUTHORITY.
   4. UPON ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY, THE CROSS-
 HUDSON  BRIDGE  SYSTEM, AS DEFINED IN SECTION THREE HUNDRED FIFTY-ONE OF
 THIS TITLE SHALL BE ADDED TO, AND INCLUDED IN,  THE  THRUWAY  SYSTEM  AS
 DEFINED IN SUCH SECTION THREE HUNDRED FIFTY-ONE.
   5. UPON ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY, ALL BOOKS,
 PAPERS,  RECORDS  AND PROPERTY OF SUCH AUTHORITY SHALL BE TRANSFERRED AS
 ASSIGNED TO THE NEW YORK STATE THRUWAY AUTHORITY. ALL  EMPLOYEES  TRANS-
 FERRED  FROM  THE  NEW YORK STATE BRIDGE AUTHORITY TO THE NEW YORK STATE
 THRUWAY AUTHORITY SHALL BE TRANSFERRED WITHOUT  FURTHER  EXAMINATION  OR
 QUALIFICATION  AND  SUCH  EMPLOYEES  SHALL RETAIN THEIR RESPECTIVE CIVIL
 SERVICE CLASSIFICATIONS, STATUS AND COLLECTIVE  BARGAINING  UNIT  DESIG-
 NATIONS AND BE GOVERNED BY APPLICABLE COLLECTIVE BARGAINING AGREEMENTS.
   6.  UPON ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY, ANY BUSI-
 NESS OR OTHER MATTERS UNDERTAKEN OR COMMENCED  BY  THE  NEW  YORK  STATE
 BRIDGE AUTHORITY AND PENDING ON THE DATE OF ABOLISHMENT MAY BE CONDUCTED
 AND COMPLETED BY THE NEW YORK STATE THRUWAY AUTHORITY IN THE SAME MANNER
 AND  UNDER  THE SAME TERMS AND CONDITIONS AND WITH THE SAME EFFECT AS IF
 CONDUCTED BY THE NEW YORK STATE BRIDGE AUTHORITY.
   7. UPON ABOLISHMENT OF THE NEW YORK STATE BRIDGE  AUTHORITY,  WHENEVER
 THE  NEW  YORK  STATE BRIDGE AUTHORITY, OR THE CHAIRMAN OR THE EXECUTIVE
 DIRECTOR OR OTHER OFFICER, MEMBER OR EMPLOYEE THEREOF, IS REFERRED TO OR
 DESIGNATED IN ANY LAW, CONTRACT OR DOCUMENT, SUCH  REFERENCE  OR  DESIG-
 NATION SHALL BE DEEMED TO REFER TO THE NEW YORK STATE THRUWAY AUTHORITY.
   8.  NO  EXISTING  RIGHT  OR  REMEDY  OF  ANY  CHARACTER SHALL BE LOST,
 IMPAIRED OR AFFECTED BY REASON OF THIS SECTION.
   9. NO ACTION PENDING AT THE TIME THE NEW YORK STATE  BRIDGE  AUTHORITY
 IS ABOLISHED, BROUGHT BY OR AGAINST THE NEW YORK STATE BRIDGE AUTHORITY,
 OR  THE CHAIRMAN OR EXECUTIVE DIRECTOR THEREOF, SHALL BE AFFECTED BY ANY
 PROVISION OF THIS SECTION, BUT THE SAME MAY BE PROSECUTED OR DEFENDED IN
 THE NAME OF THE NEW YORK STATE THRUWAY AUTHORITY OR THE EXECUTIVE DIREC-
 TOR OR CHAIRMAN THEREOF, AND THE PROPER PARTY SHALL, UPON APPLICATION TO
 THE COURT, BE SUBSTITUTED AS A PARTY.
   10. UPON ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY  ACT,  THE
 RIGHTS  AND  REMEDIES  OF BONDHOLDERS, OTHER CREDITORS OR PERSONS HAVING
 CLAIMS OR CONTRACTS WITH THE NEW YORK STATE BRIDGE AUTHORITY  SHALL  NOT
 BE  LIMITED, IMPAIRED OR OTHERWISE ALTERED BY THE MERGER OF THE NEW YORK
 STATE BRIDGE AUTHORITY FACILITIES AND OPERATIONS INTO THE NEW YORK STATE
 THRUWAY AUTHORITY.
   § 8. Title 2 of article 3 of the public authorities law is REPEALED.
   § 9. Notwithstanding any provision of this act or any other provisions
 of law, general, special or local, the New York state  bridge  authority
 shall  from time to time, take any action necessary and proper to assist
 the New York  state  thruway  authority  in  effecting  such  discharge,
 including,  but not limited to directing the trustee under its agreement

 S. 7508--A                         20                         A. 9508--A
 
 with New York state bridge authority bondholders to apply available  and
 necessary  funds  to  such  discharge  and  otherwise  take such actions
 consistent with such agreement to effectuate such discharge, and  trans-
 fer  and  pay over to the New York state thruway authority all remaining
 funds; and may accept and use any moneys transferred and paid over to it
 by the New York state thruway authority to implement such discharge.
   § 10. Subdivision 1 of section 352 of the public authorities  law,  as
 amended by chapter 766 of the laws 2005, is amended to read as follows:
   1. A board to be known as "New York state thruway authority" is hereby
 created. Such board shall be a body corporate and politic constituting a
 public  corporation. It shall consist of [seven] EIGHT members appointed
 by the governor by and with the advice and consent of  the  senate.  ONE
 MEMBER  SHALL  BE,  AT THE TIME OF APPOINTMENT, A RESIDENT OF ONE OF THE
 FOLLOWING COUNTIES:   ORANGE, ROCKLAND, WESTCHESTER,  PUTNAM,  DUTCHESS,
 ULSTER,  GREENE OR COLUMBIA. The members first appointed shall serve for
 terms ending three, six and nine years, respectively from January  first
 next  succeeding  their  appointment.  Provided, however, that two board
 members first appointed on or after the effective date of the chapter of
 the laws of two thousand five which amended this subdivision shall serve
 an initial term of two years; provided  further  that  two  other  board
 members first appointed on or after the effective date of the chapter of
 the laws of two thousand five which amended this subdivision shall serve
 an  initial term of three years. Their successors shall be appointed for
 terms of nine years each. A member to be designated as chairman  in  his
 or her appointment as a member shall be chairman of such board until his
 or  her term as member expires. The chairman and the other members shall
 serve without salary or other compensation, but  shall  be  entitled  to
 reimbursement  for  their  actual and necessary expenses incurred in the
 performance of their official duties.
   § 11. Nothing contained in this act shall be deemed to limit or  alter
 in  any  way  the  rights  and  obligations of the New York state bridge
 authority or after the abolishment of the New York state bridge authori-
 ty, the New York state thruway authority, to establish and collect  such
 fees,  rentals  and  other  charges  as  may be necessary or required to
 produce sufficient revenues  to  meet  and  to  fulfill  the  terms  and
 provisions  of the contracts made with the holders and registered owners
 of the bonds, notes or other  obligations  or  in  any  way  impair  the
 constitutional rights of the holders and registered owners of the bonds,
 notes or other obligations.
   §  12.  This  act, being necessary for the prosperity of the state and
 its inhabitants, shall be liberally construed to effect the purposes and
 secure the beneficial intents hereof.
   § 13. If any provision of any section of this act or  the  application
 thereof  to  any  person  or circumstance shall be adjudged invalid by a
 court of  competent  jurisdiction,  such  order  or  judgment  shall  be
 confined  in  its operation to the controversy in which it was rendered,
 and shall not affect or invalidate the remainder of any provision of any
 section of this act or the application thereof to any  other  person  or
 circumstance  and to this end the provisions of each section of this act
 are hereby declared to be severable.
   § 14. This act shall take effect immediately, provided, however,  that
 section  eight  of this act shall take effect when all covenants, agree-
 ments and obligations to the holders of  bonds,  notes  or  other  obli-
 gations  issued  or  incurred  under any bond resolution of the New York
 state bridge authority are fully  discharged  and  satisfied;  provided,
 that  the  New York state thruway authority shall notify the legislative

 S. 7508--A                         21                         A. 9508--A
 
 bill drafting commission when all covenants, agreements and  obligations
 to  the  holders  of  bonds,  notes or other obligations of the New York
 state bridge authority are fully discharged and satisfied 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 H
 
   Section 1. Section 1220-b of the vehicle and traffic law is amended by
 adding four new subdivisions 5, 6, 7 and 8 to read as follows:
   5.  AS  AN  ALTERNATIVE TO THE PENALTIES PROVIDED FOR THE VIOLATION OF
 THE PROVISIONS OF THIS SECTION:
   (A) ANY PERSON WHO OPERATES, OR ATTEMPTS TO OPERATE, A  MOTOR  VEHICLE
 IN  VIOLATION  OF  THE  PROVISIONS  OF THIS SECTION SHALL BE GUILTY OF A
 TRAFFIC INFRACTION AND, FOR THE FIRST VIOLATION, BE REQUIRED  TO  PAY  A
 MANDATORY  CIVIL PENALTY OF THREE THOUSAND DOLLARS AND, UPON NOTICE, THE
 COMMISSIONER SHALL SUSPEND FOR A PERIOD  OF  THIRTY  DAYS  THE  DRIVER'S
 LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE OF ANY PERSON THAT OPER-
 ATED,  OR  ATTEMPTED  TO  OPERATE,  A MOTOR VEHICLE IN VIOLATION OF THIS
 SECTION; AND FOR THE SECOND VIOLATION, BE REQUIRED TO  PAY  A  MANDATORY
 CIVIL PENALTY OF FIVE THOUSAND DOLLARS AND, UPON NOTICE, THE COMMISSION-
 ER  SHALL  SUSPEND  FOR A PERIOD OF NINETY DAYS SUCH DRIVER'S LICENSE OR
 PRIVILEGE TO OPERATE; AND  FOR  A  THIRD  OR  SUBSEQUENT  VIOLATION,  BE
 REQUIRED  TO  PAY A MANDATORY CIVIL PENALTY OF TEN THOUSAND DOLLARS AND,
 UPON NOTICE, THE COMMISSIONER SHALL SUSPEND FOR A PERIOD OF ONE  HUNDRED
 EIGHTY  DAYS  SUCH DRIVER'S LICENSE OR PRIVILEGE TO OPERATE. IN ADDITION
 TO THE FOREGOING, WHERE SUCH PERSON IS THE OWNER OF  THE  MOTOR  VEHICLE
 OPERATED  IN  VIOLATION OF THE PROVISIONS OF THIS SECTION, FOR THE FIRST
 VIOLATION THE COMMISSIONER, UPON NOTICE, SHALL SUSPEND FOR A  PERIOD  OF
 THIRTY  DAYS  THE REGISTRATION OF ANY MOTOR VEHICLE SO OPERATED; AND FOR
 THE SECOND VIOLATION THE COMMISSIONER, UPON NOTICE,  SHALL  SUSPEND  THE
 REGISTRATION  OF  ANY  MOTOR  VEHICLE SO OPERATED FOR A PERIOD OF NINETY
 DAYS; AND FOR A THIRD OR SUBSEQUENT VIOLATION,  THE  COMMISSIONER,  UPON
 NOTICE,  SHALL SUSPEND THE REGISTRATION OF ANY MOTOR VEHICLE SO OPERATED
 FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS.
   (B) ANY PERSON WHO KNOWINGLY SOLICITS OR ATTEMPTS TO  SOLICIT  ANOTHER
 PERSON FOR THE UNLICENSED PROVISION OF ANY BUSINESS, TRADE OR COMMERCIAL
 TRANSACTION  IN  VIOLATION  OF  THIS  SECTION INVOLVING THE RENDERING TO
 ANOTHER PERSON OF GROUND TRANSPORTATION SERVICES FROM AN  AIRPORT  SHALL
 BE  GUILTY  OF  A  TRAFFIC  INFRACTION  AND, FOR THE FIRST VIOLATION, BE
 REQUIRED TO PAY A MANDATORY CIVIL PENALTY OF THREE THOUSAND DOLLARS; AND
 FOR THE SECOND VIOLATION, BE REQUIRED TO PAY A MANDATORY  CIVIL  PENALTY
 OF  FIVE  THOUSAND  DOLLARS; AND FOR A THIRD OR SUBSEQUENT VIOLATION, BE
 REQUIRED TO PAY A MANDATORY CIVIL PENALTY OF TEN THOUSAND DOLLARS.
   6. THE COMMISSIONER SHALL HAVE THE AUTHORITY TO DENY A REGISTRATION OR
 RENEWAL APPLICATION FOR A MOTOR VEHICLE WHERE A  CURRENT  OR  PREVIOUSLY
 REGISTERED  OWNER  OF  SUCH MOTOR VEHICLE HAS BEEN FOUND IN VIOLATION OF
 THIS SECTION, SECTION 19-506 OF THE ADMINISTRATIVE CODE OF THE  CITY  OF
 NEW  YORK,  OR  OTHER PROVISION ESTABLISHING CIVIL OR CRIMINAL LIABILITY
 FOR UNLICENSED GROUND TRANSPORTATION SERVICE, OR  UNLICENSED  OPERATION,
 AND  MAY  ALSO  DENY A REGISTRATION OR RENEWAL APPLICATION FOR ANY OTHER
 MOTOR VEHICLE REGISTERED IN THE NAME OF SUCH OWNER,  WHERE  THE  COMMIS-
 SIONER  DETERMINES THAT THE APPLICANT'S INTENT IN APPLYING FOR REGISTRA-
 TION OR RENEWAL HAS LIKELY BEEN TO EVADE THE PURPOSES  OF  THIS  SECTION

 S. 7508--A                         22                         A. 9508--A
 
 AND  WHERE  THE COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH
 REGISTRATION OR RENEWAL WILL HAVE THE EFFECT OF TENDING  TO  DEFEAT  THE
 PURPOSES OF THIS SECTION.
   7. (A) A SPECIAL PROCEEDING MAY BE COMMENCED IN SUPREME COURT OR COUN-
 TY  COURT BY A PETITIONER, WHOM SHALL BE EITHER THE ATTORNEY GENERAL, OR
 BY THE AGENCY, AUTHORITY, BI-STATE AUTHORITY,  COUNTY,  OR  CITY  HAVING
 JURISDICTION  OVER  THE  AIRPORT  WHERE  THE ALLEGED VIOLATION OCCURRED,
 ALLEGING THAT A MOTOR VEHICLE OWNER HAS COMMITTED A SECOND OR SUBSEQUENT
 TRAFFIC INFRACTION IN VIOLATION OF THIS SECTION. A PETITIONER ESTABLISH-
 ING BY CLEAR AND CONVINCING EVIDENCE THAT  A  MOTOR  VEHICLE  OWNER  HAS
 COMMITTED  A  SECOND  OR  SUBSEQUENT  VIOLATION OF THIS SECTION SHALL BE
 ENTITLED TO JUDGMENT OF FORFEITURE OF ALL RIGHT, TITLE OR INTEREST  HELD
 BY  THE  OWNER IN ANY MOTOR VEHICLE USED IN THE COMMISSION OF THE SECOND
 OR SUBSEQUENT VIOLATION.
   (B) ANY JUDGMENT OF FORFEITURE ISSUED  PURSUANT  TO  THIS  SUBDIVISION
 SHALL  INCLUDE PROVISIONS FOR THE DISPOSAL OF THE PROPERTY FOUND TO HAVE
 BEEN FORFEITED. SUCH PROVISIONS SHALL INCLUDE, BUT ARE NOT  LIMITED  TO,
 AN ORDER DIRECTING THAT THE PROPERTY, RIGHT, TITLE, OR INTEREST SHALL BE
 SOLD IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE FIFTY-ONE OF THE CIVIL
 PRACTICE  LAW AND RULES, UNLESS GOOD CAUSE IS SHOWN. NET PROCEEDS OF THE
 SALE SHALL BE PAID TO THE PETITIONER.
   8. (A) A POLICE OFFICER SHALL BE PERMITTED TO SEIZE  A  MOTOR  VEHICLE
 THAT MAY BE SUBJECT TO LEGAL FORFEITURE PURSUANT TO SUBDIVISION SEVEN OF
 THIS  SECTION  IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THE OWNER OF
 THE MOTOR VEHICLE IS OPERATING, OR  ATTEMPTING  TO  OPERATE,  THE  MOTOR
 VEHICLE  IN  VIOLATION OF THIS SECTION AND THE OWNER HAS PREVIOUSLY BEEN
 CONVICTED IN ANY COURT OR ADMINISTRATIVE TRIBUNAL OF A VIOLATION OF THIS
 SECTION. A POLICE OFFICER EFFECTUATING A SEIZURE PURSUANT TO THIS SUBDI-
 VISION MAY DO SO WITHIN TWENTY-FOUR HOURS OF PROVIDING THE OWNER OF  THE
 MOTOR  VEHICLE  WITH  A  TRAFFIC  SUMMONS  FOR  THE SECOND OR SUBSEQUENT
 VIOLATION OF THIS SECTION AND A NOTICE OF MOTOR VEHICLE SEIZURE CONTAIN-
 ING THE DATE, TIME, AND PLACE OF THE  COURT  HEARING  PURSUANT  TO  THIS
 SUBDIVISION, AS WELL AS A CONCISE STATEMENT CONCERNING THE NATURE OF THE
 LEGAL  FORFEITURE  ACTION.  WITHIN FIVE BUSINESS DAYS OF SUCH SEIZURE, A
 SUPREME OR COUNTY COURT, UPON THE FILING OF A PETITION FOR LEGAL FORFEI-
 TURE, SHALL CONDUCT A HEARING PURSUANT  TO  SUBDIVISION  SEVEN  OF  THIS
 SECTION  AND  SHALL  PROMPTLY  DETERMINE  WHETHER A MOTOR VEHICLE SEIZED
 PURSUANT TO THIS SUBDIVISION IS SUBJECT TO LEGAL FORFEITURE AND  WHETHER
 IT  IS  NECESSARY  THAT  THE  MOTOR VEHICLE REMAIN IMPOUNDED IN ORDER TO
 ENSURE ITS AVAILABILITY TO EFFECTUATE LEGAL FORFEITURE.
   (B) UPON A DETERMINATION BY A COURT THAT A MOTOR VEHICLE IS SUBJECT TO
 LEGAL FORFEITURE, THE COURT WILL ISSUE AN ORDER  THAT  PETITIONER  SHALL
 RETAIN THE SEIZED MOTOR VEHICLE DURING THE PENDENCY OF THE LEGAL FORFEI-
 TURE  ACTION  AND  PROCEED  IN ACCORDANCE WITH ARTICLE FOUR OF THE CIVIL
 PRACTICE LAW AND RULES TO RESOLVE ANY REMAINING ISSUES PRIOR TO ENTERING
 JUDGMENT.  IF THE SEIZED MOTOR VEHICLE IS NOT SUBJECT TO  LEGAL  FORFEI-
 TURE,  BUT  A VIOLATION OF THIS SECTION IS FOUND, THEN THE MOTOR VEHICLE
 SHALL BE RELEASED TO THE OWNER UPON THE PAYMENT  OF  ALL  PENALTIES  AND
 SUSPENSION  TERMINATION FEES ASSOCIATED WITH SUCH VIOLATION. IF A CHARGE
 FOR VIOLATING THIS SECTION IS DISMISSED AND THE  MOTOR  VEHICLE  IS  NOT
 OTHERWISE  SUBJECT  TO  LEGAL  FORFEITURE,  THE  MOTOR  VEHICLE SHALL BE
 RELEASED TO THE OWNER WITHIN TWENTY-FOUR HOURS OF SUCH DISMISSAL.
   § 2. Paragraph b of subdivision 2 of section 510 of  the  vehicle  and
 traffic law is amended by adding two new subparagraphs (xviii) and (xix)
 to read as follows:

 S. 7508--A                         23                         A. 9508--A
 
   (XVIII)  UNTIL  SUCH  TIME  AS ALL PENALTIES AND ALL SUSPENSION TERMI-
 NATION FEES ARE PAID, OR WHERE A DEFAULT JUDGMENT IS  REOPENED  AND  ALL
 SUSPENSION  FEES  ARE PAID, WHERE THE HOLDER RECEIVES A DEFAULT JUDGMENT
 FOR A VIOLATION OF SECTION TWELVE HUNDRED TWENTY-B OF THIS CHAPTER AS  A
 RESULT  OF  A  FAILURE TO APPEAR IN RESPONSE TO A SUMMONS, OR APPEARANCE
 TICKET RECEIVED PURSUANT TO SUCH SECTION.
   (XIX) UNTIL SUCH TIME AS ALL PENALTIES AND ALL SUSPENSION  TERMINATION
 FEES  ARE  PAID  WHERE THE HOLDER IS CONVICTED OF A VIOLATION OF SECTION
 TWELVE HUNDRED TWENTY-B OF THIS CHAPTER AND TO PAY ANY  PENALTY  IMPOSED
 PURSUANT TO SUCH SECTION.
   §  3. Notwithstanding the provisions of any other law to the contrary,
 the port authority of New York and New Jersey (the "port authority") and
 its police officers may  enforce  any  local  law,  rule  or  regulation
 related  to  ground  transportation service as defined by section twelve
 hundred-twenty-b of the vehicle and traffic law at  airports  leased  by
 the  port  authority  within  the  city of New York ("city") to the same
 extent as the City or any of its subdivisions.
   § 4. The commissioner of motor vehicles shall be authorized to  estab-
 lish  rules  or regulations and take all other actions deemed reasonably
 necessary to effectuate this act.
   § 5. Paragraph 4 of section 1220-b of the vehicle and traffic  law  is
 amended to read as follows:
   4.  Any  person  who  engages  in  the unlawful solicitation of ground
 transportation services at an airport shall  be  guilty  of  a  class  B
 misdemeanor  punishable  by  a fine of not less than seven hundred fifty
 dollars nor more than one thousand five hundred dollars, or by imprison-
 ment of not more than ninety days or by both such fine and imprisonment.
 Notwithstanding any contrary provision of law, any  [charge]  ACCUSATORY
 INSTRUMENT alleging a violation of this section AS A CLASS B MISDEMEANOR
 shall  be  [returnable before] FILED IN a court having jurisdiction over
 [misdemeanors] CRIMINAL ACTIONS.
   § 6. This act shall take effect ninety days from the  date  of  enact-
 ment.
 
                                  PART I
 
   Section  1.  Subdivision  12 of section 1269 of the public authorities
 law, as amended by section 4 of part NN of chapter 54  of  the  laws  of
 2016, 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 [nineteen] TWENTY-FOUR shall not exceed [fifty-five] NINETY
 billion  [four]  ONE hundred [ninety-seven] million dollars. Such aggre-
 gate principal 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  obligations or the expenditure thereof applicable to the authori-
 ty, the Triborough bridge and tunnel authority  or  the  New  York  city
 transit authority. The aggregate limitation established by this subdivi-
 sion  shall  not  include  (i)  obligations  issued to refund, redeem or
 otherwise repay, including by purchase or tender,  obligations  thereto-
 fore issued either by the issuer of such refunding obligations or by the

 S. 7508--A                         24                         A. 9508--A
 
 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 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 transferring of equipment, and  (viii)  bond  anticipation  notes  or
 other obligations 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
 subsidiary corporations, New York city transit authority, or any of  its
 subsidiary corporations, or Triborough bridge and tunnel authority.
   § 2. This act shall take effect immediately.
 
                                  PART J
 
   Section  1.  Subdivisions  1,  2, 3, 4, 5 and 6 of section 1209 of the
 public authorities law are REPEALED.
   § 2. Paragraph (a) of subdivision 7 of  section  1209  of  the  public
 authorities  law,  as  amended  by section 3 of subpart C of part ZZZ of
 chapter 59 of the laws of 2019, is amended and a new  paragraph  (c)  is
 added 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  one  million  dollars and all contracts for
 public work involving an estimated expenditure in excess of one  million
 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,  NOR  TO  CONTRACTS  FOR
 PROJECTS  USING  THE  DESIGN  BUILD  CONTRACTING METHOD WHICH MAY IN THE
 AUTHORITY'S DISCRETION BE SOLICITED AND AWARDED PURSUANT  TO  A  PROCESS
 FOR COMPETITIVE REQUEST FOR PROPOSALS. 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.  IN THE EVENT THAT THE AUTHORITY RECEIVES NO RESPONSIVE BIDS OR
 ONLY  A SINGLE BID IN RESPONSE TO AN INVITATION FOR BIDS, IT MAY NEGOTI-
 ATE WITH ANY FIRM CAPABLE OF PROVIDING THE GOODS OR WORK  THAT  WAS  THE
 SUBJECT  OF THE BID. IN THE EVENT THAT, AFTER OPENING BIDS, IT IS DETER-
 MINED TO BE IN THE BEST INTEREST OF THE AUTHORITY TO MAKE  A  CHANGE  TO
 THE  SPECIFICATIONS  OR OTHER TERMS OR REQUIREMENTS OF THE BID, NEW BIDS
 MAY BE SOLICITED FROM THOSE FIRMS THAT SUBMITTED BIDS WITHOUT ADDITIONAL
 PUBLIC ADVERTISEMENTS. IN THE EVENT THAT A LOW BID CONTAINS  A  NON-CON-
 FORMITY OR IS OTHERWISE NON-COMPLIANT WITH THE SOLICITATION, THE AUTHOR-

 S. 7508--A                         25                         A. 9508--A
 
 ITY  MAY PERMIT SUCH BID TO BE CORRECTED WITHOUT INCREASE TO THE LOW BID
 PRICE OR MAY REJECT SUCH BID. Nothing in this paragraph  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 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.
   (C)  TO  ASSIST THE AUTHORITY IN THE DEVELOPMENT, TESTING AND ADOPTION
 OF NEW AND INNOVATIVE TECHNOLOGY, THE AUTHORITY MAY AWARD CONTRACTS  FOR
 GOODS OR SERVICES NOT TO EXCEED FIVE MILLION DOLLARS TO QUALIFIED EMERG-
 ING  TECHNOLOGY COMPANIES AS DEFINED IN SECTION THIRTY-ONE HUNDRED TWO-E
 OF THIS CHAPTER PURSUANT TO A  PROCESS  ESTABLISHED  BY  THE  BOARD.  IN
 SCREENING  AND  SELECTING EMERGING TECHNOLOGY FIRMS FOR SUCH AWARDS, THE
 AUTHORITY MAY COOPERATE WITH THE NEW YORK CITY PARTNERSHIP FOUNDATION OR
 OTHER SUCH NONPROFIT ORGANIZATIONS.
   § 3. 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,] ON  THE  AUTHORITY'S  WEBSITE,  notwithstanding  the
 provisions of article four-C of the economic development law[, an adver-
 tisement  shall only be required when required by this section. Publica-
 tion 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 authority and are to be solicited from a list of poten-
 tial  suppliers,  if  such list is or has been developed consistent with
 the provisions of subdivision eleven of this section]. Any  such  adver-
 tisement 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 qualification requirement  or  prefer-
 ence;  (viii) a statement as to whether the contract requirements may be
 fulfilled by a subcontracting, joint venture, or co-production  arrange-
 ment; (ix) any other information deemed useful to potential contractors;
 and  (x)  the  name,  address,  and telephone number of the person to be
 contacted for additional information. At least [fifteen  business]  FIVE
 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.
   § 4. Paragraphs (f) and (g) of subdivision 9 of section  1209  of  the
 public  authorities  law are relettered paragraphs (e) and (f) and para-
 graphs (c), (d) and (e), as added by chapter 929 of the  laws  of  1986,
 are amended to read as follows:

 S. 7508--A                         26                         A. 9508--A
 
   (c)  [the  authority  receives  no  responsive  bids  or only a single
 responsive bid in response to an invitation for competitive bids;
   (d)]  the  authority  wishes  to  experiment with or test a product or
 technology or new source for such product or technology or evaluate  the
 service or reliability of such product or technology;
   [(e)] (D) the item is available through an existing contract between a
 vendor and (i) ANY DEPARTMENT, OFFICE, AGENCY, OR INSTRUMENTALITY OF THE
 UNITED STATES GOVERNMENT OR DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDI-
 VISION, OR INSTRUMENTALITY OF ANY STATE WITHIN THE UNITED STATES OR (II)
 another  public  authority provided that such other authority utilized a
 process of competitive bidding or a process of competitive requests  for
 proposals  to  award such contract or [(ii)] (III) the state of New York
 or the city of New York, provided that in any case  when  the  authority
 under  this  paragraph determines that obtaining such item thereby would
 be in the public interest and sets forth the reasons for  such  determi-
 nation.  The  authority shall accept sole responsibility for any payment
 due the vendor as a result of the authority's order; or
   § 5. Subdivision 10 of section 1209 of the public authorities law,  as
 added by chapter 929 of the laws of 1986, is amended to read as follows:
   10.  Upon  the  adoption of a resolution by the authority stating, for
 reasons of efficiency, economy, compatibility or  maintenance  reliabil-
 ity,  that there is a need for standardization, the authority may estab-
 lish procedures whereby particular supplies, materials or equipment  are
 identified  on  a qualified products list. Such procedures shall provide
 for products or vendors to be added to or deleted  from  such  list  and
 shall include provisions for public advertisement of the manner in which
 such  lists  are  compiled. The authority shall review such list no less
 than [twice] ONCE a year for the purpose of making modifications  there-
 to.    Contracts for particular supplies, materials or equipment identi-
 fied on a qualified products list may be awarded by the authority to the
 lowest responsible bidder after obtaining sealed bids in accordance with
 this section or without competitive sealed bids in  instances  when  the
 item  is  available from only a single source, except that the authority
 may dispense with advertising provided that it mails copies of the invi-
 tation to bid to all vendors of the particular  item  on  the  qualified
 products list.
   §  6. Subdivision 1 of section 1265-a of the public authorities law is
 REPEALED.
   § 7. Paragraph (a) of subdivision 2 of section 1265-a  of  the  public
 authorities  law,  as amended by section 3-a of subpart C of part ZZZ of
 chapter 59 of the laws of 2019, is 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 one  million  dollars  and  all  contracts  for
 public  work involving an estimated expenditure in excess of one million
 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 architectural, or professional services,
 AND CONTRACTS FOR PROJECTS USING THE  DESIGN  BUILD  CONTRACTING  METHOD
 WHICH  MAY,  IN  THE  AUTHORITY'S  DISCRETION,  BE SOLICITED AND AWARDED
 PURSUANT TO A PROCESS  FOR  COMPETITIVE  REQUEST  FOR  PROPOSALS.    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

 S. 7508--A                         27                         A. 9508--A
 
 new bids from such bidders.  IN THE EVENT THAT THE AUTHORITY RECEIVES NO
 RESPONSIVE BIDS OR ONLY A SINGLE BID IN RESPONSE TO  AN  INVITATION  FOR
 BIDS,  IT  MAY NEGOTIATE WITH ANY FIRM CAPABLE OF PROVIDING THE GOODS OR
 WORK  THAT  WAS THE SUBJECT OF THE BID. IN THE EVENT THAT, AFTER OPENING
 BIDS, IT IS DETERMINED TO BE IN THE BEST INTEREST OF  THE  AUTHORITY  TO
 MAKE  A  CHANGE  TO THE SPECIFICATIONS OR OTHER TERMS OR REQUIREMENTS OF
 THE BID, NEW BIDS MAY BE SOLICITED FROM THOSE FIRMS THAT SUBMITTED  BIDS
 WITHOUT  ADDITIONAL  PUBLIC  ADVERTISEMENTS. IN THE EVENT THAT A LOW BID
 CONTAINS A NON-CONFORMITY OR IS OTHERWISE NON-COMPLIANT WITH THE  SOLIC-
 ITATION,  THE  AUTHORITY  MAY  PERMIT  SUCH  BID TO BE CORRECTED WITHOUT
 INCREASE TO THE LOW BID PRICE OR MAY REJECT SUCH BID.  Nothing  in  this
 paragraph  shall  obligate  the  authority  to  seek  new bids after the
 rejection of bids or after cancellation of an invitation to bid.   Noth-
 ing  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 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,  mainte-
 nance, operation and salvage or disposal.
   §  8. Subdivision 2 of section 1265-a of the public authorities law is
 amended by adding a new paragraph (d) to read as follows:
   (D) TO ASSIST THE AUTHORITY IN THE DEVELOPMENT, TESTING  AND  ADOPTION
 OF  NEW AND INNOVATIVE TECHNOLOGY, THE AUTHORITY MAY AWARD CONTRACTS FOR
 GOODS OR SERVICES NOT TO EXCEED FIVE MILLION DOLLARS TO QUALIFIED EMERG-
 ING TECHNOLOGY COMPANIES AS DEFINED IN SECTION THIRTY-ONE HUNDRED  TWO-E
 OF  THIS  CHAPTER  PURSUANT  TO  A  PROCESS ESTABLISHED BY THE BOARD. IN
 SCREENING AND SELECTING EMERGING TECHNOLOGY FIRMS FOR SUCH  AWARDS,  THE
 AUTHORITY MAY COOPERATE WITH THE NEW YORK CITY PARTNERSHIP FOUNDATION OR
 OTHER SUCH NONPROFIT ORGANIZATIONS.
   §  9.  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,]  ON  THE  AUTHORITY'S  WEBSITE notwithstanding the
 provisions of article four-C of the economic development law[, an adver-
 tisement shall only be required for a purchase  contract  for  supplies,
 materials  or  equipment when required by this section. Publication in a
 newspaper of general circulation in the area served or in  the  procure-
 ment  opportunities  newsletter  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 poten-
 tial  suppliers,  if  such list is or has been developed consistent with
 the provisions of subdivision six of this section]. Any such  advertise-
 ment  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 qualification requirement or prefer-

 S. 7508--A                         28                         A. 9508--A
 
 ence; (viii) a statement as to whether the contract requirements may  be
 fulfilled  by a subcontracting, joint venture, or co-production arrange-
 ment; (ix) any other information deemed useful to potential contractors;
 and  (x)  the  name,  address,  and telephone number of the person to be
 contacted for additional information. At least [fifteen  business]  FIVE
 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.
   § 10. Paragraphs (f) and (g) of subdivision 4 of section 1265-a of the
 public authorities law are relettered paragraphs (e) and (f)  and  para-
 graphs  (c),  (d)  and (e), as added by chapter 929 of the laws of 1986,
 are amended to read as follows:
   (c) [the authority receives  no  responsive  bids  or  only  a  single
 responsive bid in response to an invitation for competitive bids;
   (d)]  the  authority  wishes  to  experiment with or test a product or
 technology or new source for such product or technology or evaluate  the
 service or reliability of such product or technology;
   [(e)] (D) the item is available through an existing contract between a
 vendor and (i) ANY DEPARTMENT, OFFICE, AGENCY, OR INSTRUMENTALITY OF THE
 UNITED STATES GOVERNMENT OR DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDI-
 VISION, OR INSTRUMENTALITY OF ANY STATE WITHIN THE UNITED STATES OR (II)
 another  public  authority provided that such other authority utilized a
 process of competitive bidding or a process of competitive requests  for
 proposals  to  award  such  contracts  or [(ii)] (III) Nassau county, or
 [(iii)] (IV) the state of New York or [(iv)] (V) the city of  New  York,
 provided that in any case when under this paragraph the authority deter-
 mines  that  obtaining such item thereby would be in the public interest
 and sets forth the reasons for such determination. The  authority  shall
 accept sole responsibility for any payment due the vendor as a result of
 the authority's order; or
   §  11.  Subdivision 5 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:
   5.  Upon  the  adoption  of a resolution by the authority stating, for
 reasons of efficiency, economy, compatibility or  maintenance  reliabil-
 ity,  that there is a need for standardization, the authority may estab-
 lish procedures whereby particular supplies, materials or equipment  are
 identified  on  a qualified products list. Such procedures shall provide
 for products or vendors to be added to or deleted  from  such  list  and
 shall include provisions for public advertisement of the manner in which
 such  lists  are  compiled. The authority shall review such list no less
 than [twice] ONCE a year for the purpose of making  such  modifications.
 Contracts  for particular supplies, materials or equipment identified on
 a qualified products list may be awarded by the authority to the  lowest
 responsible  bidder  after obtaining sealed bids in accordance with this
 section or without competitive sealed bids in instances when the item is
 available from only a single  source,  except  that  the  authority  may
 dispense  with  advertising provided that it mails copies of the invita-
 tion to bid to all vendors of  the  particular  item  on  the  qualified
 products list.
   §  12. Section 15 of part OO of chapter 54 of the laws of 2016, amend-
 ing the public authorities law relating to procurements by the New  York
 City transit authority and the metropolitan transportation authority, is
 amended to read as follows:
   § 15. This act shall take effect immediately[, and shall expire and be
 deemed repealed April 1, 2021].

 S. 7508--A                         29                         A. 9508--A
 
   §  13. This act shall take effect immediately, provided, however, that
 the amendments to paragraph (a) of subdivision 2 of  section  1265-a  of
 the  public  authorities law made by section seven of this act shall not
 affect the expiration of such paragraph and shall be  deemed  to  expire
 therewith.
 
                                  PART K
 
   Section  1.  Section  3  of part PP of chapter 54 of the laws of 2016,
 amending the general municipal law relating  to  the  New  York  transit
 authority  and  the metropolitan transportation authority, is amended to
 read as follows:
   § 3. This act shall take effect immediately; provided that the  amend-
 ments  to  subdivision  1  of section 119-r of the general municipal law
 made by section two of this act shall  expire  and  be  deemed  repealed
 [April 1, 2021] DECEMBER 31, 2024, and provided further that such repeal
 shall  not  affect the validity or duration of any contract entered into
 before that date pursuant to paragraph f of such subdivision.
   § 2. This act shall take effect immediately.
 
                                  PART L
 
   Section 1. Section 1266 of the public authorities law  is  amended  by
 adding a new subdivision 19 to read as follows:
   19. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE LONG ISLAND RAIL ROAD
 COMPANY  AND THE METRO-NORTH COMMUTER RAILROAD COMPANY OR THEIR CONTRAC-
 TORS MAY WITHOUT THE NEED FOR ANY LICENSE, PERMIT, PERMISSION,  APPROVAL
 OR  ORDER  FROM ANY COURT, ADMINISTRATIVE TRIBUNAL OR OTHER GOVERNMENTAL
 AGENCY, BUREAU OR DEPARTMENT ENTER UPON ANY  PRIVATE  PROPERTY  ABUTTING
 THEIR RESPECTIVE RIGHTS OF WAY, FOR THE PURPOSE OF REMOVING, TRIMMING OR
 CUTTING  BACK ANY TREE, SHRUB OR OTHER VEGETATION TO PRESERVE THE SAFETY
 AND EFFICIENCY OF COMMUTER RAIL OPERATIONS, SUBJECT TO THE FOLLOWING:
   (A) EXCEPT IN CASES OF IMMINENT THREAT OF HARM TO PERSONS OR PROPERTY,
 A REQUEST HAS BEEN MADE TO  THE  OWNER  OF  SUCH  PRIVATE  PROPERTY  FOR
 PERMISSION  TO  ENTER UPON SUCH PROPERTY FOR SUCH PURPOSE, WHICH REQUEST
 HAS BEEN DENIED OR HAS BEEN GRANTED SUBJECT TO  UNREASONABLE  TERMS  AND
 CONDITIONS;
   (B)  THE  REMOVAL,  TRIMMING OR CUTTING BACK OF TREES, SHRUBS OR OTHER
 VEGETATION IS LIMITED TO THAT NEEDED TO PRESERVE THE  SAFETY  AND  EFFI-
 CIENCY OF COMMUTER RAIL OPERATIONS BY (I) PREVENTING THE DEPOSIT OF LEAF
 DEBRIS  FROM SUCH TREES, SHRUBS OR OTHER VEGETATION ON RAIL TRACKS SO AS
 TO AVOID SLIP-SLIDE CONDITIONS DURING THE  ANNUAL  LEAF-OFF  SEASON,  OR
 (II)  REMOVING  TREES, SHRUBS OR OTHER VEGETATION, OR BRANCHES, LIMBS OR
 OTHER PARTS OF  SUCH  TREES,  SHRUBS  OR  OTHER  VEGETATION,  WHICH  ARE
 DAMAGED,  DISEASED  OR SITUATED IN SUCH A MANNER SO THAT THEY ARE LIKELY
 TO BREAK OR FALL OFF DURING HIGH WINDS OR  EXTREME  WEATHER  CONDITIONS,
 POSING  A RISK TO COMMUTER RAILROAD FACILITIES, EMPLOYEES OR THE GENERAL
 PUBLIC; AND
   (C) EXCEPT IN THE CASE OF  INVASIVE  SPECIES,  OR  SPECIES  WHICH  ARE
 POISONOUS  OR  NOXIOUS,  OR WHERE AN ENTIRE TREE IS REMOVED, DUE CARE IS
 TAKEN TO AVOID ANY TRIMMING OR CUTTING BACK WHICH WOULD DAMAGE THE  MAIN
 SUPPORT  SYSTEMS  OF  SUCH  TREES,  SHRUBS OR OTHER VEGETATION, WITH THE
 SUBJECT RAILROAD BEING LIABLE TO  THE  PROPERTY  OWNER  FOR  THE  ACTUAL
 DAMAGE  DONE  IF  SUCH TRIMMING OR CUTTING BACK DOES IN FACT DAMAGE SUCH
 MAIN SUPPORT SYSTEMS.

 S. 7508--A                         30                         A. 9508--A
 
   NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE CONSTRUED TO  ELIMINATE
 OR LIMIT ANY RIGHTS THE LONG ISLAND RAIL ROAD COMPANY OR THE METRO-NORTH
 COMMUTER  RAILROAD  COMPANY MAY OTHERWISE HAVE UNDER LAW WITH RESPECT TO
 THE REMOVAL, TRIMMING OR CUTTING BACK OF TREES, SHRUBS  OR  OTHER  VEGE-
 TATION ON PRIVATE PROPERTY ABUTTING THEIR RIGHTS OF WAY.
   § 2. This act shall take effect immediately.
 
                                  PART M

   Section 1. Subdivision 3 of section 165.15 of the penal law is amended
 to read as follows:
   3. With intent to obtain railroad, subway, bus, air, taxi or any other
 public transportation service OR TO USE ANY TOLL HIGHWAY, PARKWAY, ROAD,
 BRIDGE  OR  TUNNEL  OR TO ENTER OR REMAIN IN THE TOLLED CENTRAL BUSINESS
 DISTRICT DESCRIBED IN SECTION SEVENTEEN HUNDRED FOUR OF THE VEHICLE  AND
 TRAFFIC LAW without payment of the lawful charge OR TOLL therefor, or to
 avoid  payment  of  the  lawful  charge  OR TOLL for such transportation
 service which has been rendered to him OR HER OR FOR  SUCH  USE  OF  ANY
 TOLL  HIGHWAY,  PARKWAY,  ROAD, BRIDGE OR TUNNEL OR FOR SUCH ENTERING OR
 REMAINING IN SUCH TOLLED CENTRAL BUSINESS DISTRICT, he OR SHE obtains or
 attempts to obtain such service or TO USE  ANY  TOLL  HIGHWAY,  PARKWAY,
 ROAD,  BRIDGE  OR TUNNEL OR TO ENTER OR REMAIN IN A TOLLED CENTRAL BUSI-
 NESS DISTRICT OR avoids or attempts to avoid payment therefor by  force,
 intimidation, stealth, deception or mechanical tampering, or by unjusti-
 fiable failure or refusal to pay; or
   §  2. Paragraph (b) of subdivision 1 of section 402 of the vehicle and
 traffic law, as amended by chapter 109 of the laws of 2005,  is  amended
 and a new paragraph (c) is added to read as follows:
   (b)  Number  plates shall be kept clean and in a condition so as to be
 easily readable and shall not be covered by glass or any plastic materi-
 al, and shall not be knowingly covered or coated with any artificial  or
 synthetic  material  or  substance that conceals or obscures such number
 plates or that distorts a recorded or photographic image of such  number
 plates,  and  the  view of such number plates shall not be obstructed by
 any part of the vehicle or by anything carried thereon[,  except  for  a
 receiver-transmitter  issued  by  a  publicly  owned tolling facility in
 connection with electronic toll collection when such  receiver-transmit-
 ter  is affixed to the exterior of a vehicle in accordance with mounting
 instructions provided by the tolling facility].
   (C) IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE, DRIVE  OR  PARK  A
 MOTOR  VEHICLE ON A TOLL HIGHWAY, BRIDGE AND/OR TUNNEL FACILITY OR ENTER
 OR REMAIN IN THE TOLLED CENTRAL BUSINESS DISTRICT DESCRIBED  IN  SECTION
 SEVENTEEN  HUNDRED  FOUR  OF THIS CHAPTER, UNDER THE JURISDICTION OF THE
 TOLLING AUTHORITY, IF SUCH NUMBER PLATE  IS  NOT  EASILY  READABLE,  NOR
 SHALL  ANY NUMBER PLATE BE COVERED BY GLASS OR ANY PLASTIC MATERIAL, AND
 SHALL NOT BE KNOWINGLY COVERED OR COATED WITH ANY ARTIFICIAL OR SYNTHET-
 IC MATERIAL OR SUBSTANCE THAT CONCEALS OR OBSCURES SUCH  NUMBER  PLATES,
 OR THAT DISTORTS A RECORDED OR PHOTOGRAPHIC IMAGE OF SUCH NUMBER PLATES,
 AND  THE  VIEW OF SUCH NUMBER PLATES SHALL NOT BE OBSTRUCTED BY ANY PART
 OF THE VEHICLE OR BY ANYTHING CARRIED THEREON, EXCEPT  FOR  A  RECEIVER-
 TRANSMITTER  ISSUED  BY A PUBLICLY OWNED TOLLING AUTHORITY IN CONNECTION
 WITH  ELECTRONIC  TOLL  COLLECTION  WHEN  SUCH  RECEIVER-TRANSMITTER  IS
 AFFIXED  TO  THE  EXTERIOR  OF  A  VEHICLE  IN  ACCORDANCE WITH MOUNTING
 INSTRUCTIONS PROVIDED BY THE TOLLING AUTHORITY.   FOR PURPOSES  OF  THIS
 PARAGRAPH,  "TOLLING  AUTHORITY" SHALL MEAN EVERY PUBLIC AUTHORITY WHICH
 OPERATES A TOLL HIGHWAY, BRIDGE AND/OR  TUNNEL  OR  A  CENTRAL  BUSINESS

 S. 7508--A                         31                         A. 9508--A
 
 DISTRICT  TOLLING  PROGRAM AS WELL AS THE PORT AUTHORITY OF NEW YORK AND
 NEW JERSEY, A BI-STATE AGENCY CREATED BY COMPACT SET  FORTH  IN  CHAPTER
 ONE  HUNDRED  FIFTY-FOUR  OF THE LAWS OF NINETEEN HUNDRED TWENTY-ONE, AS
 AMENDED.
   §  3.  Subdivision 8 of section 402 of the vehicle and traffic law, as
 amended by chapter 61 of the laws of 1989 and as renumbered  by  chapter
 648 of the laws of 2006, is amended to read as follows:
   8.  The violation of this section shall be punishable by a fine of not
 less than twenty-five nor more  than  two  hundred  dollars  EXCEPT  FOR
 VIOLATIONS  OF  PARAGRAPH  (C)  OF SUBDIVISION ONE OF THIS SECTION WHICH
 SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED NOR MORE THAN
 FIVE HUNDRED DOLLARS.
   § 4.  This act shall take effect on the ninetieth day after  it  shall
 have become a law.
 
                                  PART N
 
   Section 1. Subdivision 11 of section 120.05 of the penal law, as sepa-
 rately  amended  by chapters 268 and 281 of the laws of 2016, is amended
 to read as follows:
   11. With intent to cause physical injury to a train  operator,  ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner [or], terminal cleaner, STATION CUSTOMER ASSISTANT; PERSON WHOSE
 OFFICIAL  DUTIES  INCLUDE  THE  SALE  OR  COLLECTION OF TICKETS, PASSES,
 VOUCHERS, OR OTHER FARE PAYMENT MEDIA FOR USE ON A    TRAIN  OR  BUS;  A
 PERSON   WHOSE   OFFICIAL   DUTIES   INCLUDE  THE  MAINTENANCE,  REPAIR,
 INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING  OF  A  TRANSIT  SIGNAL
 SYSTEM,  ELEVATED  OR  UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUC-
 TURE, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, OR A TRAIN OR  BUS
 STATION  OR TERMINAL; OR A SUPERVISOR OF SUCH PERSONNEL, employed by any
 transit agency, authority or company, public or private, whose operation
 is authorized by New York state or any of its political subdivisions,  a
 city  marshal, a school crossing guard appointed pursuant to section two
 hundred eight-a of the general  municipal  law,  a  traffic  enforcement
 officer, traffic enforcement agent, prosecutor as defined in subdivision
 thirty-one  of  section  1.20  of the criminal procedure law, sanitation
 enforcement agent, New York city sanitation worker, public health  sani-
 tarian,  New  York  city  public  health  sanitarian,  registered nurse,
 licensed practical nurse, emergency medical service paramedic, or  emer-
 gency  medical  service  technician, he or she causes physical injury to
 such train operator,  ticket  inspector,  conductor,  signalperson,  bus
 operator, station agent, station cleaner [or], terminal cleaner, STATION
 CUSTOMER  ASSISTANT;  PERSON  WHOSE  OFFICIAL DUTIES INCLUDE THE SALE OR
 COLLECTION OF TICKETS, PASSES, VOUCHERS OR OTHER FARE PAYMENT MEDIA  FOR
 USE ON A  TRAIN OR BUS; A PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAIN-
 TENANCE,  REPAIR,  INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING OF A
 TRANSIT SIGNAL SYSTEM, ELEVATED OR UNDERGROUND  SUBWAY  TRACKS,  TRANSIT
 STATION  STRUCTURE, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, OR A
 TRAIN OR BUS STATION OR TERMINAL; OR A  SUPERVISOR  OF  SUCH  PERSONNEL,
 city  marshal,  school  crossing guard appointed pursuant to section two
 hundred eight-a of the general municipal law, traffic enforcement  offi-
 cer,  traffic  enforcement  agent,  prosecutor as defined in subdivision
 thirty-one of section 1.20 of the  criminal  procedure  law,  registered
 nurse, licensed practical nurse, public health sanitarian, New York city
 public  health  sanitarian,  sanitation enforcement agent, New York city
 sanitation worker, emergency medical  service  paramedic,  or  emergency

 S. 7508--A                         32                         A. 9508--A
 
 medical  service  technician,  while  such  employee  is  performing  an
 assigned duty on, or directly related to, the operation of  a  train  or
 bus,  [including  the] cleaning of a train or bus station or terminal OR
 MAINTENANCE  OF  A  TRAIN  OR  BUS  STATION  OR TERMINAL, SIGNAL SYSTEM,
 ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUCTURE,  TRAIN
 YARD OR REVENUE TRAIN IN PASSENGER SERVICE, or such city marshal, school
 crossing  guard, traffic enforcement officer, traffic enforcement agent,
 prosecutor as defined in subdivision thirty-one of section 1.20  of  the
 criminal  procedure  law,  registered  nurse,  licensed practical nurse,
 public health sanitarian, New York city public health sanitarian,  sani-
 tation  enforcement  agent,  New  York city sanitation worker, emergency
 medical service paramedic, or emergency medical  service  technician  is
 performing an assigned duty; or
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART O
 
   Section 1. Section 240.30 of the penal law is amended by adding a  new
 subdivision 3-a to read as follows:
   3-A.  HE  OR SHE STRIKES, SHOVES, KICKS, OR OTHERWISE SUBJECTS ANOTHER
 PERSON TO PHYSICAL  CONTACT,  WHICH  INCLUDES  SPITTING  ON  SUCH  OTHER
 PERSON,  AND  SUCH  OTHER  PERSON  IS  AN ON-DUTY TRAIN OPERATOR; TICKET
 INSPECTOR; CONDUCTOR; SIGNALPERSON; BUS OPERATOR; STATION AGENT; STATION
 CLEANER; TERMINAL CLEANER;  STATION  CUSTOMER  ASSISTANT;  PERSON  WHOSE
 OFFICIAL  DUTIES  INCLUDE  THE  SALE  OR  COLLECTION OF TICKETS, PASSES,
 VOUCHERS OR OTHER FARE PAYMENT MEDIA FOR USE ON A TRAIN OR  BUS;  PERSON
 WHOSE OFFICIAL DUTIES INCLUDE THE MAINTENANCE, REPAIR, INSPECTION, TROU-
 BLESHOOTING, TESTING OR CLEANING OF A TRANSIT SIGNAL SYSTEM, ELEVATED OR
 UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUCTURE, TRAIN YARD, REVEN-
 UE TRAIN IN PASSENGER SERVICE, OR TRAIN OR BUS STATION OR TERMINAL; OR A
 SUPERVISOR  OF SUCH PERSONNEL, EMPLOYED BY ANY TRANSIT AGENCY, AUTHORITY
 OR COMPANY, PUBLIC OR PRIVATE, WHOSE OPERATION IS AUTHORIZED BY NEW YORK
 STATE OR ANY OF ITS POLITICAL SUBDIVISIONS.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
                                  PART P
 
   Section  1. The penal law is amended by adding a new title Y-3 to read
 as follows:
                                 TITLE Y-3
                              TRANSIT CRIMES
 
                                ARTICLE 498
                              TRANSIT CRIMES
 SECTION 498.05 ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS.
         498.10 TRANSIT TRESPASS.
 § 498.05 ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS.
   1. WHEN ANY CRIMINAL ACTION IS PENDING  AGAINST  A  DEFENDANT  CHARGED
 WITH  A  CRIME  INVOLVING  UNLAWFUL SEXUAL CONDUCT COMMITTED AGAINST ANY
 METROPOLITAN TRANSPORTATION AUTHORITY PASSENGER, CUSTOMER,  OR  EMPLOYEE
 OR  AN ASSAULT-RELATED CRIME OR OFFENSE AGAINST A METROPOLITAN TRANSPOR-
 TATION AUTHORITY EMPLOYEE COMMITTED IN OR ON ANY OF THE SUBWAYS, TRAINS,
 BUSES, OR OTHER CONVEYANCES OR FACILITIES OF THE METROPOLITAN  TRANSPOR-
 TATION  AUTHORITY  OR  ITS  SUBSIDIARIES OR OF THE NEW YORK CITY TRANSIT

 S. 7508--A                         33                         A. 9508--A
 
 AUTHORITY OR ITS SUBSIDIARIES, THE  COURT,  IN  ADDITION  TO  THE  OTHER
 POWERS  CONFERRED  UPON IT BY THIS CHAPTER, MAY AS A CONDITION OF A PRE-
 TRIAL RELEASE, OR AS A CONDITION OF RELEASE ON BAIL OR AN ADJOURNMENT IN
 CONTEMPLATION  OF  DISMISSAL,  ISSUE  A TEMPORARY ORDER OF PROTECTION OF
 PUBLIC TRANSIT RIDERS TO ENSURE THE PUBLIC SAFETY.  SUCH  AN  ORDER  MAY
 REQUIRE  THAT THE DEFENDANT REFRAIN FROM ENTERING, REMAINING IN OR USING
 THE FACILITIES OR CONVEYANCES OF THE METROPOLITAN TRANSPORTATION AUTHOR-
 ITY OR ITS SUBSIDIARIES AND THE NEW YORK CITY TRANSIT AUTHORITY AND  ITS
 SUBSIDIARIES.  A  TEMPORARY ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS
 SHALL REMAIN IN EFFECT UNTIL THE FINAL DISPOSITION OF  THE  CASE  UNLESS
 REVOKED BY THE COURT.
   2.  UPON  SENTENCING  ON  A  CONVICTION FOR A CRIME INVOLVING UNLAWFUL
 SEXUAL CONDUCT COMMITTED AGAINST ANY METROPOLITAN TRANSPORTATION AUTHOR-
 ITY PASSENGER, CUSTOMER, OR EMPLOYEE  OR  AN  ASSAULT-RELATED  CRIME  OR
 OFFENSE AGAINST A METROPOLITAN TRANSPORTATION AUTHORITY EMPLOYEE COMMIT-
 TED  IN OR ON ANY FACILITY OR CONVEYANCE OF THE METROPOLITAN TRANSPORTA-
 TION AUTHORITY OR ITS SUBSIDIARIES OR  OF  THE  NEW  YORK  CITY  TRANSIT
 AUTHORITY  OR  ITS SUBSIDIARIES, THE COURT MAY, IN ADDITION TO ANY OTHER
 DISPOSITION, ENTER AN ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS.  THE
 DURATION OF SUCH AN ORDER SHALL BE THREE YEARS.
   3. IN ANY PROCEEDING IN WHICH AN ORDER OF PROTECTION OF PUBLIC TRANSIT
 RIDERS  OR  TEMPORARY  ORDER  OF PROTECTION OF PUBLIC TRANSIT RIDERS HAS
 BEEN ISSUED UNDER THIS SECTION, THE CLERK OF THE COURT  SHALL  ISSUE  TO
 THE  DEFENDANT  AND  DEFENSE COUNSEL AND THE METROPOLITAN TRANSPORTATION
 AUTHORITY, A COPY OF THE ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS OR
 TEMPORARY ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS.
 § 498.10 TRANSIT TRESPASS.
   A PERSON IS GUILTY OF TRANSIT TRESPASS WHEN, BEING A PERSON SUBJECT TO
 A PROHIBITION ORDER ISSUED BY THE METROPOLITAN TRANSPORTATION  AUTHORITY
 PURSUANT  TO  SECTION TWELVE HUNDRED SIXTY-FOUR-B OF THE PUBLIC AUTHORI-
 TIES LAW OR AN ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS OR TEMPORARY
 ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS ISSUED BY A  COURT,  HE  OR
 SHE KNOWINGLY ENTERS OR REMAINS IN OR USES ANY FACILITY OR CONVEYANCE OF
 THE  METROPOLITAN TRANSPORTATION AUTHORITY OR ITS SUBSIDIARIES OR OF THE
 NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARIES.
   TRANSIT TRESPASS IS A CLASS A MISDEMEANOR.
   § 2. The public authorities law is amended by  adding  a  new  section
 1264-b to read as follows:
   § 1264-B. PROHIBITION ORDERS. 1. THE AUTHORITY MAY ISSUE A PROHIBITION
 ORDER TO ANY PERSON IF IT DETERMINES THAT:
   (A)  THE  PERSON: (I) HAS BEEN ISSUED A SUMMONS, AN APPEARANCE TICKET,
 OR A NOTICE OF VIOLATION FOR COMMITTING A VIOLATION OF ANY OF THE  RULES
 AND  REGULATIONS  GOVERNING  THE CONDUCT AND SAFETY OF THE PUBLIC ESTAB-
 LISHED BY THE NEW YORK CITY TRANSIT AUTHORITY, THE MANHATTAN  AND  BRONX
 SURFACE  TRANSIT  OPERATING  AUTHORITY,  THE STATEN ISLAND RAPID TRANSIT
 OPERATING AUTHORITY, MTA BUS COMPANY, THE METRO-NORTH COMMUTER  RAILROAD
 COMPANY,  OR  THE  LONG ISLAND RAIL ROAD COMPANY; AND (II) THE VIOLATION
 WAS RELATED TO A  SEXUAL  OFFENSE  COMMITTED  AGAINST  ANY  METROPOLITAN
 TRANSPORTATION   AUTHORITY   PASSENGER,  CUSTOMER,  OR  EMPLOYEE  OR  AN
 ASSAULT-RELATED CRIME OR OFFENSE AGAINST A  METROPOLITAN  TRANSPORTATION
 AUTHORITY  EMPLOYEE;  AND  (III) THE PERSON WAS PREVIOUSLY ISSUED TWO OR
 MORE SUMMONSES, APPEARANCE TICKETS, OR NOTICES OF VIOLATION FOR  COMMIT-
 TING  A  VIOLATION  OF  ANY  OF  THE RULES AND REGULATIONS GOVERNING THE
 CONDUCT AND SAFETY OF THE PUBLIC ESTABLISHED BY THE NEW YORK CITY TRANS-
 IT AUTHORITY, THE MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORI-
 TY, THE STATEN ISLAND RAPID TRANSIT OPERATING  AUTHORITY,  THE  MTA  BUS

 S. 7508--A                         34                         A. 9508--A
 
 COMPANY,  THE  METRO-NORTH COMMUTER RAILROAD COMPANY, OR THE LONG ISLAND
 RAIL ROAD COMPANY FOR A VIOLATION RELATED TO A SEXUAL OFFENSE  COMMITTED
 AGAINST  ANY  METROPOLITAN TRANSPORTATION AUTHORITY PASSENGER, CUSTOMER,
 OR  EMPLOYEE  OR AN ASSAULT-RELATED CRIME OR OFFENSE AGAINST A METROPOL-
 ITAN TRANSPORTATION AUTHORITY EMPLOYEE; OR
   (B) THE PERSON HAS BEEN DESIGNATED A LEVEL THREE SEX OFFENDER PURSUANT
 TO THE PROCEDURES SET FORTH IN ARTICLE SIX-C OF THE CORRECTION LAW.
   2. A PERSON SUBJECT TO A PROHIBITION ORDER MAY NOT USE OR ENTER ANY OF
 THE AUTHORITY'S SUBWAYS, TRAINS, BUSES, OR OTHER CONVEYANCES OR  FACILI-
 TIES AS SPECIFIED IN THE ORDER FOR A PERIOD OF THREE YEARS FOLLOWING THE
 ISSUANCE OF THE PROHIBITION ORDER.
   3.  NO PROHIBITION ORDER SHALL BE EFFECTIVE UNLESS THE AUTHORITY FIRST
 AFFORDS THE PERSON NOTICE AND AN OPPORTUNITY TO CONTEST THE  AUTHORITY'S
 PROPOSED  ACTION  IN ACCORDANCE WITH PROCEDURES ADOPTED BY THE AUTHORITY
 FOR THIS PURPOSE. THE AUTHORITY'S PROCEDURES SHALL PROVIDE, AT  A  MINI-
 MUM, FOR THE NOTICE AND OTHER PROTECTIONS SET FORTH IN THIS SECTION, AND
 THE AUTHORITY SHALL PROVIDE REASONABLE NOTIFICATION TO THE PUBLIC OF THE
 AVAILABILITY OF SUCH PROCEDURES.
   4.  (A)  A  NOTICE  OF  A PROPOSED PROHIBITION ORDER SHALL SET FORTH A
 DESCRIPTION OF THE LISTED CRIMES OR CONDUCT GIVING RISE TO THE  PROHIBI-
 TION ORDER, INCLUDING REFERENCE TO THE APPLICABLE STATUTORY PROVISION OR
 ORDINANCE VIOLATED, THE DATES OF THE LISTED CONDUCT, THE LOCATIONS WHERE
 SUCH  CONDUCT WAS COMMITTED AND THE SCOPE OF THE PROHIBITION. THE NOTICE
 SHALL INCLUDE A CLEAR AND CONSPICUOUS STATEMENT INDICATING THE PROCEDURE
 FOR CONTESTING THE PROPOSED  PROHIBITION  ORDER.  THE  NOTICE  SHALL  BE
 SERVED  UPON  THE  PERSON WHO IS THE SUBJECT OF THE PROPOSED PROHIBITION
 ORDER IN THE MANNER SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION.  THE
 NOTICE  OF  PROHIBITION  ORDER, OR A COPY THEREOF, SHALL BE CONSIDERED A
 RECORD KEPT IN THE ORDINARY COURSE OF  BUSINESS  OF  THE  AUTHORITY  AND
 SHALL  BE  PRIMA  FACIE  EVIDENCE  OF  THE FACTS CONTAINED IN THE NOTICE
 ESTABLISHING A REBUTTABLE PRESUMPTION AFFECTING THE BURDEN OF  PRODUCING
 EVIDENCE.  FOR PURPOSES OF THIS PARAGRAPH, "CLEAR AND CONSPICUOUS" MEANS
 IN LARGER TYPE THAN THE SURROUNDING TEXT, OR IN CONTRASTING TYPE,  FONT,
 OR  COLOR  TO  THE SURROUNDING TEXT OF THE SAME SIZE OR SET OFF FROM THE
 SURROUNDING TEXT OF THE SAME SIZE BY SYMBOLS OR OTHER  MARKS  THAT  CALL
 ATTENTION TO THE LANGUAGE.
   (B) A PROPOSED PROHIBITION ORDER MAY BE SERVED BY:
   (1) IN-PERSON DELIVERY; OR
   (2)  DELIVERY BY ANY FORM OF MAIL PROVIDING FOR DELIVERY CONFIRMATION,
 POSTAGE PREPAID, TO THE MOST RECENT ADDRESS PROVIDED BY THE PERSON BEING
 SERVED IN GOVERNMENT RECORDS, INCLUDING, BUT NOT LIMITED TO, THE ADDRESS
 SET FORTH IN A CITATION OR COURT RECORDS; OR
   (3) ANY ALTERNATE METHOD APPROVED IN WRITING BY THE AUTHORITY AND  THE
 PERSON BEING SERVED.
   (C)  FOR  PURPOSES  OF  THIS SECTION, DELIVERY SHALL BE DEEMED TO HAVE
 BEEN MADE ON THE FOLLOWING DATE, AS APPLICABLE:
   (1) ON THE DATE OF DELIVERY, IF DELIVERED IN PERSON; OR
   (2) ON THE DATE OF CONFIRMED DELIVERY, IF DELIVERED BY MAIL.
   (D) PROOF OF SERVICE OF THE NOTICE SHALL BE FILED WITH THE AUTHORITY.
   (E) IF A PERSON CONTESTS A NOTICE OF PROHIBITION ORDER, THE  AUTHORITY
 SHALL PROCEED IN ACCORDANCE WITH SUBDIVISION SIX OF THIS SECTION. IF THE
 NOTICE  OF  PROHIBITION  ORDER IS NOT CONTESTED WITHIN TEN CALENDAR DAYS
 FOLLOWING SERVICE OF THE NOTICE, THE PROHIBITION ORDER SHALL  BE  DEEMED
 FINAL  AND  SHALL  BE EFFECTIVE, WITHOUT FURTHER ACTION BY THE AUTHORITY
 FOR THREE YEARS.

 S. 7508--A                         35                         A. 9508--A
 
   (F) PROHIBITION ORDERS SHALL BE SUBJECT TO AN AUTOMATIC STAY AND SHALL
 NOT TAKE EFFECT UNTIL THE LATEST OF THE FOLLOWING:
   (1)  ELEVEN  CALENDAR  DAYS  FOLLOWING  SERVICE  OF  THE NOTICE OF THE
 PROPOSED PROHIBITION ORDER IF THE ORDER IS NOT CONTESTED;
   (2) ELEVEN CALENDAR DAYS FOLLOWING  SERVICE  OF  THE  RESULTS  OF  THE
 REVIEW  IF AN INITIAL REVIEW IS TIMELY REQUESTED AND THE PROPOSED PROHI-
 BITION ORDER IS UPHELD ON REVIEW; OR
   (3) THE DATE THE HEARING OFFICER'S DECISION IS SERVED ON THE PERSON IF
 AN ADMINISTRATIVE HEARING IS TIMELY REQUESTED AND  THE  HEARING  OFFICER
 UPHELD THE ORDER.
   5.  (A)  FOR  A  PERIOD  OF  TEN DAYS FROM THE SERVICE OF THE PROPOSED
 PROHIBITION ORDER, THE PERSON MAY  REQUEST  AN  INITIAL  REVIEW  OF  THE
 PROHIBITION  ORDER  BY  THE  AUTHORITY. THE REQUEST MAY BE MADE BY TELE-
 PHONE, IN WRITING, OR IN PERSON. THERE  SHALL  BE  NO  CHARGE  FOR  THIS
 REVIEW.  IN  CONDUCTING  ITS  REVIEW  AND  REACHING A DETERMINATION, THE
 AUTHORITY SHALL  DETERMINE  WHETHER  THE  PROHIBITION  ORDER  MEETS  THE
 REQUIREMENTS  OF  SUBDIVISION  ONE  OF  THIS  SECTION. IF, FOLLOWING THE
 INITIAL REVIEW, BASED ON THESE FINDINGS, THE AUTHORITY  DETERMINES  THAT
 THE  PROPOSED  PROHIBITION  ORDER  IS  NOT  ADEQUATELY SUPPORTED OR THAT
 EXTENUATING CIRCUMSTANCES MAKE DISMISSAL OF THE PROHIBITION ORDER APPRO-
 PRIATE IN THE INTEREST  OF  JUSTICE,  THE  AUTHORITY  SHALL  CANCEL  THE
 NOTICE.  IF,  FOLLOWING THE INITIAL REVIEW, BASED ON THESE FINDINGS, THE
 AUTHORITY DETERMINES THAT THE PROHIBITION  ORDER  SHOULD  BE  UPHELD  IN
 WHOLE  OR IN PART, THE AUTHORITY SHALL ISSUE A WRITTEN STATEMENT TO THAT
 EFFECT, INCLUDING ANY MODIFICATION TO THE PERIOD OR SCOPE OF THE  PROHI-
 BITION  ORDER.  THE  AUTHORITY  SHALL  SERVE  THE RESULTS OF THE INITIAL
 REVIEW TO THE PERSON CONTESTING THE NOTICE AS SET FORTH  IN  SUBDIVISION
 FOUR OF THIS SECTION.
   (B) THE AUTHORITY MAY IN ITS DISCRETION MODIFY OR CANCEL A PROHIBITION
 ORDER IN THE INTEREST OF JUSTICE AT ANY TIME. IF THE PERSON DEPENDS UPON
 THE  AUTHORITY'S SUBWAYS, TRAINS, BUSES, OR OTHER CONVEYANCES OR FACILI-
 TIES FOR TRIPS OF NECESSITY, INCLUDING, BUT NOT LIMITED TO, TRAVEL TO OR
 FROM MEDICAL OR LEGAL APPOINTMENTS, SCHOOL OR TRAINING CLASSES, OR PLAC-
 ES OF EMPLOYMENT; OBTAINING  FOOD,  CLOTHING,  AND  NECESSARY  HOUSEHOLD
 ITEMS;  OR  RENDERING CARE TO FAMILY MEMBERS, THE AUTHORITY MAY MODIFY A
 PROHIBITION ORDER TO ALLOW FOR A TRIP OR TRIPS AS IN ITS DISCRETION  ARE
 NECESSARY.  A PERSON REQUESTING THAT A PROHIBITION ORDER BE CANCELLED OR
 MODIFIED IN THE INTEREST OF JUSTICE SHALL HAVE THE BURDEN OF  ESTABLISH-
 ING THE QUALIFYING CIRCUMSTANCES BY A PREPONDERANCE OF THE EVIDENCE.
   (C)  IF  THE  PERSON  IS  DISSATISFIED WITH THE RESULTS OF THE INITIAL
 REVIEW, THE PERSON MAY REQUEST AN ADMINISTRATIVE HEARING OF THE PROHIBI-
 TION ORDER NO LATER THAN TEN DAYS  AFTER  THE  RESULTS  OF  THE  INITIAL
 REVIEW  ARE  SERVICED. THE REQUEST MAY BE MADE BY TELEPHONE, IN WRITING,
 OR IN PERSON. AN ADMINISTRATIVE HEARING SHALL BE HELD WITHIN THIRTY DAYS
 AFTER THE RECEIPT OF A REQUEST FOR AN ADMINISTRATIVE HEARING. THE PERSON
 REQUESTING THE HEARING MAY REQUEST ONE CONTINUANCE, NOT TO EXCEED  SEVEN
 CALENDAR DAYS.
   6. THE ADMINISTRATIVE HEARING PROCESS SHALL INCLUDE ALL OF THE FOLLOW-
 ING:
   (A) THE PERSON REQUESTING THE HEARING SHALL HAVE THE CHOICE OF A HEAR-
 ING BY MAIL OR IN PERSON. AN IN-PERSON HEARING SHALL BE CONDUCTED BY THE
 TRANSIT ADJUDICATION BUREAU ESTABLISHED BY SECTION TWELVE HUNDRED NINE-A
 OF THIS ARTICLE.
   (B)  THE  ADMINISTRATIVE HEARING SHALL BE CONDUCTED IN ACCORDANCE WITH
 WRITTEN PROCEDURES ESTABLISHED  BY  THE  AUTHORITY.  THE  HEARING  SHALL

 S. 7508--A                         36                         A. 9508--A
 
 PROVIDE  AN  INDEPENDENT,  OBJECTIVE,  FAIR, AND IMPARTIAL REVIEW OF THE
 PROHIBITION ORDER.
   (C)  THE  ADMINISTRATIVE  REVIEW  SHALL  BE CONDUCTED BEFORE A HEARING
 OFFICER. IN ADDITION TO ANY OTHER REQUIREMENTS, A HEARING OFFICER  SHALL
 DEMONSTRATE  THE QUALIFICATIONS, TRAINING, AND OBJECTIVITY AS ARE NECES-
 SARY TO FULFILL AND THAT ARE CONSISTENT WITH THE DUTIES AND RESPONSIBIL-
 ITIES SET FORTH IN THIS SUBDIVISION.
   (D) IN ISSUING A DECISION, THE HEARING OFFICER SHALL DETERMINE WHETHER
 THE PROHIBITION ORDER MEETS THE REQUIREMENTS OF SUBDIVISION ONE OF  THIS
 SECTION.  BASED  UPON THESE FINDINGS, THE HEARING OFFICER MAY UPHOLD THE
 PROHIBITION ORDER IN WHOLE, DETERMINE THAT THE PROHIBITION ORDER IS  NOT
 ADEQUATELY  SUPPORTED  BY  A PREPONDERANCE OF THE EVIDENCE, OR CANCEL OR
 MODIFY THE PROHIBITION ORDER IN THE INTEREST OF JUSTICE. IF  THE  PERSON
 DEPENDS UPON THE AUTHORITY'S SUBWAYS, TRAINS, BUSES, OR OTHER CONVEYANC-
 ES  OR FACILITIES FOR TRIPS OF NECESSITY, INCLUDING, BUT NOT LIMITED TO,
 TRAVEL TO OR FROM MEDICAL OR  LEGAL  APPOINTMENTS,  SCHOOL  OR  TRAINING
 CLASSES,  OR  PLACES OF EMPLOYMENT; OBTAINING FOOD, CLOTHING, AND NECES-
 SARY HOUSEHOLD ITEMS; OR RENDERING CARE TO FAMILY MEMBERS,  THE  HEARING
 OFFICER  MAY IN THEIR DISCRETION MODIFY A PROHIBITION ORDER TO ALLOW FOR
 SUCH TRIPS. A PERSON REQUESTING A CANCELLATION OR  MODIFICATION  IN  THE
 INTEREST OF JUSTICE SHALL HAVE THE BURDEN OF ESTABLISHING THE QUALIFYING
 CIRCUMSTANCES BY A PREPONDERANCE OF THE EVIDENCE.
   (E)  THE HEARING OFFICER'S DECISION FOLLOWING THE ADMINISTRATIVE HEAR-
 ING SHALL BE SERVED AS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION.
   (F) A PERSON AGGRIEVED BY THE FINAL DECISION OF  THE  HEARING  OFFICER
 MAY  SEEK  JUDICIAL REVIEW OF THE DECISION WITHIN NINETY DAYS OF SERVICE
 OF THE DECISION PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL  PRACTICE
 LAW AND RULES.
   7.  A  PERSON  ISSUED  A PROHIBITION ORDER MAY, WITHIN TEN DAYS OF THE
 DATE THE ORDER BECOMES EFFECTIVE, REQUEST A REFUND FOR ANY PREPAID  FARE
 AMOUNTS  RENDERED  UNUSABLE IN WHOLE OR IN PART BY THE PROHIBITION ORDER
 INCLUDING, BUT NOT LIMITED TO, MONTHLY PASSES.
   8. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO LIMIT  THE
 POWER OF ANY COURT TO ISSUE ADDITIONAL RESTRICTIONS ON A PERSON'S ABILI-
 TY  TO USE OR ENTER THE AUTHORITY'S FACILITIES OR CONVEYANCES, INCLUDING
 BUT NOT LIMITED TO AS A CONDITION OF BAIL OR  PROBATION  OR  CONDITIONAL
 DISCHARGE OR AS A PART OF ANY CRIMINAL SENTENCE.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.  Effective immediately, the metropolitan  transporta-
 tion  authority may adopt any rules, regulations, policies or procedures
 necessary to implement this act prior to the effective date of this act.
 
                                  PART Q
 
   Section 1. Paragraph (d) of section 304 of  the  business  corporation
 law is amended to read as follows:
   (d)  ANY DESIGNATED POST OFFICE ADDRESS MAINTAINED BY THE SECRETARY OF
 STATE AS AGENT OF A DOMESTIC CORPORATION OR FOREIGN CORPORATION FOR  THE
 PURPOSE  OF  MAILING PROCESS SHALL BE THE POST OFFICE ADDRESS, WITHIN OR
 WITHOUT THE STATE, TO WHICH A PERSON SHALL  MAIL  PROCESS  AGAINST  SUCH
 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 corporation or a foreign corporation, shall continue
 until the filing of a certificate under this chapter directing the mail-
 ing to a different [post-office] POST OFFICE address.

 S. 7508--A                         37                         A. 9508--A
 
   § 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  A  DOMESTIC  LIMITED LIABILITY COMPANY OR
 FOREIGN LIMITED LIABILITY COMPANY FORMED OR AUTHORIZED TO DO BUSINESS IN
 THIS STATE.
   § 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
 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.]
   §  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:

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   (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 AT LEAST sixty days prior to the filing of the certificate of
 resignation  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 designating corporation, if other than the party filing the
 certificate of resignation[,] for receipt of process, or if the [resign-
 ing]  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.
   §  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.
   §  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.
   § 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.
   §  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.
   §  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

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 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.
   § 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;
   §  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.
   §  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.
   §  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.
   § 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:

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   (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.
   § 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.
   §  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.
   §  17.  Section  1311  of  the business corporation law, as amended by
 chapter 375 of the laws of 1998, is amended to read as follows:
 § 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

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 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] THE
 office OF THE SECRETARY OF STATE 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 certificate 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).
   § 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.
   § 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.
   § 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.
   §  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

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 [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 MAINTAINED BY THE SECRETARY OF
 STATE AS AGENT IN ANY ACTION OR PROCEEDING AGAINST THE  ASSOCIATION  FOR
 THE  PURPOSE OF MAILING PROCESS SHALL BE THE POST OFFICE ADDRESS, WITHIN
 OR WITHOUT THE STATE, TO WHICH A PERSON SHALL MAIL PROCESS AGAINST  SUCH
 ASSOCIATION  AS  REQUIRED  BY  THIS ARTICLE. SUCH ADDRESS SHALL CONTINUE
 UNTIL THE FILING OF A CERTIFICATE UNDER THIS CHAPTER DIRECTING THE MAIL-
 ING 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.
   §  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:
   § 19.  Service of process. 1. 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, dupli-
 cate copies of such process at the office of the department of state  in
 the  city  of  Albany]  SO  DESIGNATED.  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.]
   2. 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.
   § 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] THE SECRETARY OF

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 STATE, a deputy secretary 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] THE
 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 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 by the addressee or  [his  or  its]  THEIR
 agent,  on return to the attorney general of the original envelope bear-
 ing a notation by  the  postal  authorities  that  receipt  thereof  was
 refused.
   § 24. Section 686 of the general business law, as added by chapter 730
 of the laws of 1980, is amended to read as follows:
   § 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] HER 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] HER successor, administrator or
 executor, 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 or] 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,  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] THE address [as] set forth in the application for  registration
 of his OR HER offering prospectus or in the registered offering prospec-
 tus 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] HER agent, or if the address-
 ee  moved  without  leaving  a  forwarding  address,  upon return to the
 department of the original envelope bearing a  notation  by  the  postal
 authorities  that  receipt  thereof  was  refused  or that such mail was
 otherwise undeliverable.

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   § 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;
   § 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;
   §  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;
   § 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:
   §  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

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 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.
   § 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
   § 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 MAINTAINED BY THE SECRETARY  OF
 STATE AS AGENT OF A DOMESTIC LIMITED LIABILITY COMPANY OR FOREIGN LIMIT-
 ED  LIABILITY  COMPANY  FOR  THE PURPOSE OF MAILING PROCESS SHALL BE THE
 POST OFFICE ADDRESS, WITHIN OR WITHOUT THE  STATE,  TO  WHICH  A  PERSON
 SHALL MAIL PROCESS AGAINST SUCH LIMITED LIABILITY COMPANY AS REQUIRED BY
 THIS ARTICLE. Any designated post office address to which [the secretary
 of state] 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

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 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.
   §  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  AT LEAST  sixty days prior to the filing of the certificate
 of resignation 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 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 designating 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

 S. 7508--A                         47                         A. 9508--A
 
 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.
   § 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.]
   §  33.  Section 305 of the limited liability company law is amended to
 read as follows:
   § 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.
   § 34. Paragraph 4 of subdivision (a) of section  802  of  the  limited
 liability company law, as amended 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;
   §  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:
   § 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

 S. 7508--A                         48                         A. 9508--A
 
 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.
   § 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.
   §  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;
   § 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:

 S. 7508--A                         49                         A. 9508--A

   (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;
   § 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;
   §  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 MAINTAINED BY THE SECRETARY OF
 STATE AS AGENT OF A DOMESTIC NOT-FOR-PROFIT CORPORATION OR FOREIGN  NOT-
 FOR-PROFIT  CORPORATION  FOR THE PURPOSE OF MAILING PROCESS SHALL BE THE
 POST OFFICE ADDRESS, WITHIN OR WITHOUT THE  STATE,  TO  WHICH  A  PERSON
 SHALL MAIL PROCESS AGAINST SUCH 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 corporation formed
 under article four of this chapter or foreign corporation, shall contin-
 ue until the filing of a certificate under this  chapter  directing  the
 mailing to a different [post-office] POST OFFICE address.
   §  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.
   §  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

 S. 7508--A                         50                         A. 9508--A

 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,  [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 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.
   §  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.
   §  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.
   §  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.
   §  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.
   § 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

 S. 7508--A                         51                         A. 9508--A
 
 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.
   §  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] CLAUSE (D) OF  THIS  SUBPARAGRAPH
 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.
   §  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]  ITS  agent  upon
 whom  process  against it may be served in the manner set forth in para-
 graph (b) of section 306 (Service of process), in any action or  special
 proceeding  described  in [subparagraph] CLAUSE (D) OF THIS SUBPARAGRAPH
 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.
   § 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.
   §  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.
   §  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, 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-

 S. 7508--A                         52                         A. 9508--A
 
 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.
   §  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.
   §  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:
 § 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]  WITH  THE
 DEPARTMENT  specified  for such purpose.  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 1310

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 (Certificate  of change, contents) to effect a change in the post office
 address under subparagraph [(a) (4)] (7) OF  PARAGRAPH  (A)  of  section
 1308 (Amendments or changes).
   §  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 MAINTAINED BY THE SECRETARY  OF
 STATE  AS  AGENT  OF  A  DOMESTIC LIMITED PARTNERSHIP OR FOREIGN LIMITED
 PARTNERSHIP FOR THE PURPOSE OF MAILING PROCESS SHALL BE THE POST  OFFICE
 ADDRESS, WITHIN OR WITHOUT THE STATE, TO WHICH A PERSON SHALL MAIL PROC-
 ESS  AGAINST  SUCH  LIMITED PARTNERSHIP 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.
   § 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 AT LEAST sixty days prior to the filing of the certificate of
 resignation 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  proc-
 ess, or if the [resigning] DESIGNATING limited partnership has no regis-
 tered  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 affida-
 vit  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.
   § 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 (III) A DOMESTIC LIMITED LIABILITY COMPANY OR
 A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO DO  BUSINESS  IN  THIS
 STATE.
   §  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

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 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 THIS 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 THE DEPARTMENT AFTER  A  PERIOD
 OF TEN YEARS FROM SUCH SERVICE.
   §  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;
   §  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.

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   §  61.  Section  121-202-A of the partnership law, as added by chapter
 448 of the laws of 1998, paragraph 2 of subdivision (a)  as  amended  by
 chapter 172 of the laws of 1999, is amended to read as follows:
   § 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.
   §  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;

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   § 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:
   §  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.
   §  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.
   §  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

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 SECRETARY  OF STATE.  Such post office address shall supersede any prior
 address designated as the address to which process shall be mailed.
   §  66. Subparagraphs 2 and 4 of paragraph (I) and clause 4 of subpara-
 graph (A) of paragraph (II) of subdivision (a) 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;
   § 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
   § 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-

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 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.
   §  69.  Subdivision (a) of section 121-1502 of the partnership law, as
 amended by chapter 643 of the laws of 1995, paragraph (v) as amended  by
 chapter 470 of the laws of 1997, is 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
 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.
   § 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,  are  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

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 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
   §  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;
   § 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.
   §  73.  Subdivision (a) of section 121-1505 of the partnership law, as
 added by chapter 470 of the laws of 1997, is amended and two new  subdi-
 visions (d) and (e) 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

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 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 MAINTAINED BY THE SECRETARY  OF
 STATE AS AGENT OF A REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK
 REGISTERED  FOREIGN  LIMITED  LIABILITY  PARTNERSHIP  FOR THE PURPOSE OF
 MAILING PROCESS SHALL BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT  THE
 STATE, TO WHICH A PERSON SHALL MAIL PROCESS AGAINST SUCH LIMITED LIABIL-
 ITY  COMPANY  AS  REQUIRED  BY THIS ARTICLE. SUCH ADDRESS SHALL CONTINUE
 UNTIL THE FILING OF A CERTIFICATE UNDER THIS CHAPTER DIRECTING THE MAIL-
 ING TO A DIFFERENT POST OFFICE ADDRESS.
   § 74. Subdivision (b) of section 121-1506 of the partnership  law,  as
 added  by  chapter  448  of  the laws of 1998, 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 AT LEAST sixty days prior to the filing of the certificate of
 resignation 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 liability partnership,  if
 other  than the party filing the certificate of resignation, for receipt
 of process, or if the [resigning] DESIGNATING limited liability partner-
 ship has no registered agent, then to the last address  of  the  [desig-
 nated]  DESIGNATING  limited  liability partnership, known to the party,
 specifying the address to which the copy was sent. If there is no regis-
 tered agent and no known address of the  designating  limited  liability
 partnership the party shall attach an affidavit to the certificate stat-
 ing  that  a  diligent  but unsuccessful search was made by the party to

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 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.
   §  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.
   § 76. Subdivision 15 of section 20.03 of the arts and cultural affairs
 law, as added by chapter 656 of the laws of 1991, is amended to read  as
 follows:
   15. "Non-institutional  portion"  shall  mean the part or portion of a
 combined-use facility other than the institutional portion. If the  non-
 institutional  portion,  or any part thereof, consists of a condominium,
 the consent of the trust which has developed or approved  the  developer
 of  such  condominium  shall  be  required prior to any amendment of the
 declaration of such condominium pursuant to subdivision [nine] EIGHT  of
 section  three  hundred thirty-nine-n of the real property law and prior
 to any amendment of the by-laws of such condominium  pursuant  to  para-
 graph  (j)  of subdivision one of section three hundred thirty-nine-v of
 the real property law, and whether or not such trust is a unit owner  of
 such  condominium,  it  may exercise the rights of the board of managers
 and an aggrieved unit owner under section three hundred thirty-nine-j of
 the real property law in the case of a failure of any unit owner of such
 condominium to comply with the by-laws of such condominium and with  the
 rules, regulations, and decisions adopted pursuant thereto.
   §  77.  Subdivision  7  of  section  339-n of the real property law is
 REPEALED and subdivisions 8 and 9 are renumbered subdivisions 7 and 8.
   § 78. 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

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 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, 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 COMPLIANCE  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 MAINTAINED BY THE SECRETARY  OF
 STATE AS AGENT OF THE BOARD OF MANAGERS FOR THE PURPOSE OF MAILING PROC-
 ESS  SHALL  BE  THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THE STATE, TO
 WHICH A PERSON SHALL MAIL PROCESS AGAINST SUCH BOARD AS REQUIRED BY THIS
 ARTICLE. SUCH ADDRESS SHALL CONTINUE UNTIL THE FILING OF  A  CERTIFICATE
 UNDER  THIS  CHAPTER  DIRECTING  THE  MAILING TO A DIFFERENT POST OFFICE
 ADDRESS.
   § 79. 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

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 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.
   § 80. 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
 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

 S. 7508--A                         64                         A. 9508--A
 
 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.
   § 81. 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:
   §  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] THE SECRETARY OF  STATE.  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] A 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] 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]  CERTI-
 FIED  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  secre-

 S. 7508--A                         65                         A. 9508--A
 
 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
 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.
   § 82. Subdivisions (a) and (b) of section 310 of the tax law, as added
 by chapter 400 of the laws of 1983, are 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
 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

 S. 7508--A                         66                         A. 9508--A
 
 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.
   §  83.  This  act  shall  take effect on the one hundred twentieth day
 after it shall have become a law.
 
                                  PART R
 
   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 R of chapter 58 of the laws of 2019,  is
 amended to read as follows:
   §  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, [2020]
 2021.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after March 31, 2020.
 
                                  PART S
 
   Section 1. The general business law is amended by adding a new section
 390-d to read as follows:
   §  390-D.  GENDER  PRICING  DISCRIMINATION.  1.  DEFINITIONS.  FOR THE
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "CONSUMER PRODUCTS" SHALL MEAN ANY GOODS USED, BOUGHT OR RENDERED
 PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES;
   (B) "CONSUMER SERVICES"  SHALL  MEAN  ANY  SERVICES  USED,  BOUGHT  OR
 RENDERED PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES;
   (C)  "SUBSTANTIALLY SIMILAR" SHALL MEAN (I) TWO CONSUMER PRODUCTS THAT
 EXHIBIT NO SUBSTANTIAL DIFFERENCES IN THE MATERIALS USED IN  PRODUCTION,
 THE  INTENDED USE OF THE PRODUCT, AND THE FUNCTIONAL DESIGN AND FEATURES
 OF THE PRODUCT, OR (II) TWO CONSUMER SERVICES THAT EXHIBIT  NO  SUBSTAN-
 TIAL  DIFFERENCE  IN  THE  AMOUNT  OF  TIME TO PROVIDE THE SERVICES, THE
 DIFFICULTY IN PROVIDING THE SERVICES,  OR  THE  COST  OF  PROVIDING  THE
 SERVICES.  A DIFFERENCE IN COLORING AMONG ANY CONSUMER PRODUCT SHALL NOT
 BE CONSTRUED AS A SUBSTANTIAL DIFFERENCE FOR THE PURPOSES OF THIS  PARA-
 GRAPH.
   2.  NO PERSON, FIRM, PARTNERSHIP, COMPANY, CORPORATION, OR OTHER BUSI-
 NESS ENTITY SHALL SELL OR OFFER FOR SALE ANY TWO CONSUMER PRODUCTS  FROM
 THE  SAME MANUFACTURER OR DISTRIBUTOR THAT ARE SUBSTANTIALLY SIMILAR, IF
 SUCH PRODUCTS ARE PRICED DIFFERENTLY BASED ON THE GENDER OF THE  PERSONS
 FOR WHOM THE PRODUCTS ARE MARKETED AND INTENDED.

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   3.  NO  PERSON, FIRM, PARTNERSHIP, COMPANY, CORPORATION OR OTHER BUSI-
 NESS ENTITY SHALL SELL OR OFFER FOR SALE ANY CONSUMER SERVICES THAT  ARE
 SUBSTANTIALLY SIMILAR IF SUCH SERVICES ARE PRICED DIFFERENTLY BASED UPON
 THE  GENDER  OF  THE  INDIVIDUALS  FOR  WHOM THE SERVICES ARE PERFORMED,
 OFFERED, OR MARKETED.
   4.  NOTHING  IN  THIS  SECTION PROHIBITS PRICE DIFFERENCES IN CONSUMER
 PRODUCTS OR CONSUMER SERVICES BASED  SPECIFICALLY  UPON  THE  AMOUNT  OF
 TIME,  DIFFICULTY  OR  COST  INCURRED  IN  MANUFACTURING SUCH PRODUCT OR
 OFFERING SUCH SERVICE.
   5.  (A)  THE  FOLLOWING  BUSINESS  ESTABLISHMENTS  SHALL  CLEARLY  AND
 CONSPICUOUSLY  DISCLOSE  TO THE CUSTOMER IN WRITING THE PRICING FOR EACH
 STANDARD SERVICE PROVIDED:
   (I) TAILORS OR BUSINESSES PROVIDING AFTERMARKET CLOTHING ALTERATIONS;
   (II) BARBERS OR HAIR SALONS;
   (III) DRY CLEANERS AND LAUNDRIES PROVIDING  SERVICES  TO  INDIVIDUALS;
 AND
   (IV) SUCH OTHER BUSINESS ESTABLISHMENTS AS MAY BE IDENTIFIED AND ADDED
 TO THIS LIST BY REGULATION.
   (B)  THE  PRICE LIST SHALL BE POSTED IN AN AREA CONSPICUOUS TO CUSTOM-
 ERS.  POSTED PRICE LISTS SHALL BE IN NO LESS THAN  FOURTEEN-POINT  BOLD-
 FACE  TYPE AND CLEARLY AND COMPLETELY DISPLAY PRICING FOR EVERY STANDARD
 SERVICE OFFERED BY THE BUSINESS.
   (C) THE BUSINESS ESTABLISHMENT  SHALL  PROVIDE  THE  CUSTOMER  WITH  A
 COMPLETE WRITTEN PRICE LIST UPON REQUEST.
   (D) THE BUSINESS ESTABLISHMENT SHALL DISPLAY IN A CONSPICUOUS PLACE AT
 LEAST  ONE  CLEARLY  VISIBLE  SIGN,  PRINTED IN NO LESS THAN TWENTY-FOUR
 POINT BOLDFACE TYPE, WHICH READS: "NEW YORK LAW PROHIBITS  ANY  BUSINESS
 ESTABLISHMENT FROM DISCRIMINATING, WITH RESPECT TO THE PRICE CHARGED FOR
 SERVICES  OF  SIMILAR  OR  LIKE  KIND,  AGAINST  A PERSON BECAUSE OF THE
 PERSON'S GENDER. A COMPLETE PRICE LIST IS AVAILABLE UPON REQUEST."
   (E) FOR THE PURPOSES OF THIS SUBDIVISION, "STANDARD SERVICE" MEANS THE
 FIFTEEN MOST FREQUENTLY REQUESTED SERVICES PROVIDED BY THE BUSINESS.
   6. (A) THE ATTORNEY GENERAL MAY ISSUE A NOTICE DIRECTING THE CESSATION
 OF ANY CONDUCT BY A PERSON, FIRM, PARTNERSHIP, COMPANY, CORPORATION,  OR
 OTHER  BUSINESS  ENTITY WHICH THE ATTORNEY GENERAL HAS REASON TO BELIEVE
 HAS VIOLATED THIS SECTION. IF ANY PERSON,  FIRM,  PARTNERSHIP,  COMPANY,
 CORPORATION,  OR  OTHER  BUSINESS ENTITY FAILS TO SUBMIT EVIDENCE DEMON-
 STRATING DIFFERENCES IN THE AMOUNT OF TIME, DIFFICULTY OR COST  INCURRED
 IN MANUFACTURING SUCH PRODUCT OR OFFERING SUCH SERVICE WITHIN FIVE BUSI-
 NESS  DAYS  AFTER  SERVICE  OF  SUCH  NOTICE, OR IF THE ATTORNEY GENERAL
 DETERMINES THAT SUCH EVIDENCE FAILS  TO  DEMONSTRATE  LEGALLY  EXCUSABLE
 DIFFERENCES PROVIDED FOR IN SUBDIVISION FOUR OF THIS SECTION, THE ATTOR-
 NEY  GENERAL MAY BRING AN ACTION IN THE NAME AND ON BEHALF OF THE PEOPLE
 OF THE STATE OF NEW YORK TO ENJOIN SUCH ACTS AND TO  OBTAIN  RESTITUTION
 OF  ANY  MONEYS  OR PROPERTY OBTAINED DIRECTLY OR INDIRECTLY BY ANY SUCH
 UNLAWFUL ACTS. IN SUCH ACTION PRELIMINARY RELIEF MAY  BE  GRANTED  UNDER
 ARTICLE  SIXTY-THREE  OF  THE  CIVIL PRACTICE LAW AND RULES. IN ANY SUCH
 PROCEEDING, THE COURT SHALL IMPOSE A CIVIL PENALTY IN AN AMOUNT  NOT  TO
 EXCEED TWENTY-FIVE THOUSAND DOLLARS.
   (B) BEFORE ANY VIOLATION OF THIS SECTION IS SOUGHT TO BE ENJOINED, THE
 ATTORNEY  GENERAL SHALL BE REQUIRED TO GIVE THE PERSON AGAINST WHOM SUCH
 PROCEEDING IS CONTEMPLATED NOTICE BY CERTIFIED MAIL AND  AN  OPPORTUNITY
 TO SHOW IN WRITING WITHIN FIVE BUSINESS DAYS AFTER RECEIPT OF NOTICE WHY
 PROCEEDINGS  SHOULD  NOT  BE INSTITUTED AGAINST HIM, UNLESS THE ATTORNEY
 GENERAL SHALL FIND, IN ANY CASE IN WHICH HE  SEEKS  PRELIMINARY  RELIEF,
 THAT TO GIVE SUCH NOTICE AND OPPORTUNITY IS NOT IN THE PUBLIC INTEREST.

 S. 7508--A                         68                         A. 9508--A

   (C) IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
 PURSUANT  TO  THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF
 ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN SUCH  PERSON'S  OWN
 NAME TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER ACTU-
 AL DAMAGES OR FIFTY DOLLARS, WHICHEVER IS GREATER, OR BOTH SUCH ACTIONS.
 THE  COURT  MAY,  IN ITS DISCRETION, INCREASE THE AWARD OF DAMAGES TO AN
 AMOUNT NOT TO EXCEED THREE TIMES THE ACTUAL DAMAGES UP TO  ONE  THOUSAND
 DOLLARS,  IF  THE  COURT  FINDS  THE  DEFENDANT  WILLFULLY  OR KNOWINGLY
 VIOLATED THIS SECTION. THE COURT MAY AWARD REASONABLE ATTORNEYS' FEES TO
 A PREVAILING PLAINTIFF.
   (D) THE ATTORNEY  GENERAL  SHALL  HAVE  POWER  AT  ALL  TIMES,  EITHER
 PERSONALLY  OR  BY HIS OR HER DEPUTIES, TO SUBPOENA WITNESSES, TO COMPEL
 THEIR ATTENDANCE, TO ADMINISTER AN OATH, TO  EXAMINE  ANY  PERSON  UNDER
 OATH AND TO REQUIRE THE PRODUCTION OF ANY RELEVANT BOOKS OR PAPERS. SUCH
 EXAMINATION  MAY  BE  CONDUCTED  ON  ANY  SUBJECT RELATING TO THE DUTIES
 IMPOSED UPON, OR THE POWERS VESTED IN, THE ATTORNEY  GENERAL  UNDER  THE
 PROVISIONS  OF  THIS  SECTION.  ANY  PERSON, FIRM, PARTNERSHIP, COMPANY,
 CORPORATION, OR OTHER BUSINESS ENTITY WHICH FAILS TO OBEY THE COMMAND OF
 A SUBPOENA WITHOUT REASONABLE  EXCUSE  OR  REFUSES,  WITHOUT  REASONABLE
 CAUSE,  TO  BE  SWORN  OR  TO  BE EXAMINED OR TO ANSWER A QUESTION OR TO
 PRODUCE A BOOK OR PAPER WHEN ORDERED  SO  TO  DO  BY  THE  OFFICER  DULY
 CONDUCTING  SUCH INQUIRY, OR FAILS TO PERFORM ANY ACT REQUIRED HEREUNDER
 TO BE PERFORMED, SHALL BE GUILTY OF A  MISDEMEANOR  AND  SHALL  ALSO  BE
 SUBJECT TO THE COMPULSIONS PROVIDED BY THE CIVIL PRACTICE LAW AND RULES.
 ANY  OFFICER  PARTICIPATING IN SUCH INQUIRY AND ANY PERSON EXAMINED AS A
 WITNESS UPON SUCH INQUIRY WHO SHALL DISCLOSE TO ANY  PERSON  OTHER  THAN
 THE  ATTORNEY  GENERAL  THE  NAME  OF  ANY WITNESS EXAMINED OR ANY OTHER
 INFORMATION OBTAINED UPON SUCH INQUIRY, EXCEPT AS DIRECTED BY THE ATTOR-
 NEY GENERAL, SHALL BE GUILTY OF A MISDEMEANOR.
   (E) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ALL MONIES  RECOVERED  OR
 OBTAINED  UNDER  THIS  ARTICLE  BY  A  STATE AGENCY OR STATE OFFICIAL OR
 EMPLOYEE ACTING IN THEIR OFFICIAL CAPACITY SHALL BE SUBJECT TO  SUBDIVI-
 SION ELEVEN OF SECTION FOUR OF THE STATE FINANCE LAW.
   7.  THE  ATTORNEY  GENERAL  MAY  ADOPT  AND PROMULGATE RULES AS MAY BE
 NECESSARY IN CARRYING OUT THE PROVISIONS OF THIS SECTION.
   § 2. Separability clause; construction. If any part  or  provision  of
 this  act  or  the application thereof to any person or circumstances be
 adjudged invalid by any court of competent jurisdiction,  such  judgment
 shall be confined in its operation to the part, provision or application
 directly  involved  in the controversy in which such judgment shall have
 been rendered and shall not affect or impair the validity of the remain-
 der of this act or  the  application  thereof  to  other  provisions  or
 circumstances.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.
 
                                  PART T
 
   Section 1. The general business law is amended by adding a new article
 40 to read as follows:
                                ARTICLE 40
                      TELEPHONE CALL ABUSE PREVENTION
 SECTION 900. SHORT TITLE.

 S. 7508--A                         69                         A. 9508--A
 
         901. DEFINITIONS.
         902. TELEMARKETING  SALES  CALLS  MANDATES, PROHIBITIONS, AND DO
                NOT CALL REGISTRY.
         903. TELEPHONE CALL AUTHENTICATION FRAMEWORK.
         904. TELEPHONE CALL BLOCKING.
         905. USE OF AUTOMATIC TELEPHONE DIALING SYSTEMS AND PLACEMENT OF
                CONSUMER TELEPHONE CALLS.
         906. TELEMARKETING AND CONSUMER FRAUD AND ABUSE PREVENTION ACT.
   § 900. SHORT TITLE. THIS ARTICLE MAY BE CITED AS THE  "TELEPHONE  CALL
 ABUSE PREVENTION ACT".
   §  901. DEFINITIONS. UNLESS OTHERWISE INDICATED, AS USED IN THIS ARTI-
 CLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
   2. "SECRETARY" MEANS THE SECRETARY OF STATE.
   3. AS USED IN SECTIONS 902, 905 AND 906 OF  THIS  ARTICLE,  "CUSTOMER"
 MEANS  ANY  NATURAL  PERSON  WHO  IS OR MAY BE REQUIRED TO PAY FOR OR TO
 EXCHANGE CONSIDERATION FOR GOODS AND SERVICES OFFERED  THROUGH  TELEMAR-
 KETING.
   4.  "DOING  BUSINESS  IN THIS STATE" MEANS CONDUCTING TELEPHONIC SALES
 CALLS: A. FROM A LOCATION IN THIS STATE; OR B. FROM A  LOCATION  OUTSIDE
 OF THIS STATE TO CONSUMERS RESIDING IN THIS STATE.
   5.  "GOODS  AND  SERVICES" MEANS ANY GOODS AND SERVICES, AND SUCH TERM
 SHALL INCLUDE ANY REAL PROPERTY OR ANY  TANGIBLE  PERSONAL  PROPERTY  OR
 SERVICES OF ANY KIND.
   6.  "NEGATIVE  OPTION FEATURE" MEANS, IN AN OFFER OR AGREEMENT TO SELL
 OR PROVIDE ANY GOODS OR SERVICES, A PROVISION UNDER WHICH THE CUSTOMER'S
 SILENCE OR FAILURE TO TAKE AN AFFIRMATIVE ACTION TO REJECT SUCH GOODS OR
 SERVICES OR TO CANCEL THE AGREEMENT IS  INTERPRETED  BY  THE  SELLER  AS
 ACCEPTANCE OF THE OFFER.
   7.  "PERSON" MEANS ANY NATURAL PERSON, ASSOCIATION, PARTNERSHIP, FIRM,
 OR CORPORATION AND ITS AFFILIATES OR  SUBSIDIARIES,  OR  OTHER  BUSINESS
 ENTITY.
   8.  "TELEMARKETER"  MEANS  ANY  PERSON  WHO,  FOR  FINANCIAL PROFIT OR
 COMMERCIAL PURPOSES IN CONNECTION WITH TELEMARKETING, A. MAKES  TELEMAR-
 KETING  SALES CALLS OR ELECTRONIC MESSAGING TEXTS TO A CUSTOMER WHEN THE
 CUSTOMER IS IN THIS  STATE,  B.  DIRECTLY  CONTROLS  OR  SUPERVISES  THE
 CONDUCT  OF  A  TELEMARKETER, OR C. INTENTIONALLY AIDS A TELEMARKETER TO
 ENGAGE IN TELEMARKETING. FOR THE PURPOSES OF THIS  ARTICLE,  "COMMERCIAL
 PURPOSES" SHALL MEAN THE SALE OR OFFER FOR SALE OF GOODS OR SERVICES.
   9.  "TELEMARKETING"  MEANS  ANY  PLAN,  PROGRAM  OR  CAMPAIGN  THAT IS
 CONDUCTED TO INDUCE PAYMENT OR THE EXCHANGE OF ANY  OTHER  CONSIDERATION
 FOR  ANY GOODS OR SERVICES, THAT INVOLVES ONE OR MORE TELEPHONE CALLS OR
 ELECTRONIC MESSAGING TEXTS BY A TELEMARKETER IN WHICH  THE  CUSTOMER  IS
 LOCATED  WITHIN  THE  STATE AT THE TIME OF THE CALL.  TELEMARKETING ALSO
 INCLUDES THE ACCEPTANCE OR COLLECTION OF INFORMATION OBTAINED FROM TELE-
 PHONE CALLS OR ELECTRONIC MESSAGING TEXTS WITH THE INTENT  OF  PROVIDING
 IT TO A THIRD PARTY WHO ACCEPTS OR COLLECTS THE INFORMATION TO ENGAGE IN
 TELEMARKETING.  TELEMARKETING DOES NOT INCLUDE THE SOLICITATION OF SALES
 THROUGH MEDIA OTHER THAN BY TELEPHONE CALLS OR ELECTRONIC MESSAGING TEXT
 AND DOES NOT INCLUDE CALLS OR ELECTRONIC  MESSAGING  TEXTS  INTENDED  TO
 IMPLEMENT OR COMPLETE A TRANSACTION TO WHICH THE CUSTOMER HAS PREVIOUSLY
 CONSENTED.
   10.  "TELEMARKETING  SALES  CALL" MEANS A TELEPHONE CALL OR ELECTRONIC
 MESSAGING TEXT, MADE DIRECTLY OR INDIRECTLY BY A TELEMARKETER OR BY  ANY
 OUTBOUND  TELEPHONE  CALLING  TECHNOLOGY  THAT  DELIVERS  A  PRERECORDED
 MESSAGE TO A CUSTOMER OR TO A CUSTOMER'S VOICEMAIL OR ANSWERING  MACHINE

 S. 7508--A                         70                         A. 9508--A
 
 SERVICE,  IN  WHICH  SUCH TELEPHONE CALL OR ELECTRONIC MESSAGING TEXT IS
 FOR THE PURPOSE OF INDUCING PAYMENT OR THE EXCHANGE OF ANY OTHER CONSID-
 ERATION FOR ANY GOODS OR SERVICES.
   11.  "UNSOLICITED  TELEMARKETING  SALES  CALL" MEANS ANY TELEMARKETING
 SALES CALL OTHER THAN A CALL MADE:
   A. IN RESPONSE TO AN EXPRESS WRITTEN OR VERBAL REQUEST BY THE  CUSTOM-
 ER; OR
   B.  IN CONNECTION WITH AN ESTABLISHED BUSINESS RELATIONSHIP, WHICH HAS
 NOT BEEN TERMINATED BY EITHER PARTY, UNLESS SUCH CUSTOMER HAS STATED  TO
 THE  TELEMARKETER  THAT  SUCH  CUSTOMER  NO LONGER WISHES TO RECEIVE THE
 TELEMARKETING SALES CALLS OF SUCH TELEMARKETER.
   12. "CALLER IDENTIFICATION INFORMATION" MEANS INFORMATION PROVIDED  BY
 A  CALLER IDENTIFICATION SERVICE REGARDING THE TELEPHONE NUMBER AND NAME
 OF THE PERSON CALLING.
   13. "CALLER IDENTIFICATION SERVICE" MEANS  A  SERVICE  THAT  ALLOWS  A
 TELEPHONE SUBSCRIBER TO HAVE THE TELEPHONE NUMBER, AND, WHERE AVAILABLE,
 NAME  OF  THE CALLING PARTY TRANSMITTED CONTEMPORANEOUSLY WITH THE TELE-
 PHONE CALL, AND THAT IS DISPLAYED ON A DEVICE IN  OR  CONNECTED  TO  THE
 SUBSCRIBER'S TELEPHONE.
   14.  "ELECTRONIC  MESSAGING  TEXT"  MEANS  REAL-TIME OR NEAR REAL-TIME
 NON-VOICE MESSAGES  IN  TEXT  FORM  OVER  COMMUNICATIONS  NETWORKS,  AND
 INCLUDES  THE  TRANSMISSION  OF  WRITING,  SIGNS, SIGNALS, PICTURES, AND
 SOUNDS OF ALL KINDS BY AID OF  WIRE,  CABLE  OR  OTHER  LIKE  CONNECTION
 BETWEEN THE POINTS OF ORIGIN AND RECEPTION OF SUCH TRANSMISSION.
   15.  "AREA  CODE"  MEANS THE FIRST THREE DIGITS OF THE TEN-DIGIT TELE-
 PHONE NUMBER.
   16. "ENTITY SPECIFIC 'DO-NOT-CALL' LIST" MEANS THE LIST  OF  TELEPHONE
 NUMBERS PROVIDED DIRECTLY TO THE TELEMARKETER BY THE OWNERS OF THE TELE-
 PHONE  NUMBERS FOR THE PURPOSE OF BEING REMOVED FROM ANY FUTURE TELEMAR-
 KETING CALLS.
   17. "AUTOMATIC NUMBER IDENTIFICATION" MEANS ANY DATA MESSAGE, PROTOCOL
 OR PART THEREOF WHICH COMMUNICATES THE TELEPHONE NUMBER TO BE  DISPLAYED
 ON  THE CALLER IDENTIFICATION OF THE TELEPHONE CALL RECIPIENT. AUTOMATIC
 NUMBER IDENTIFICATION INCLUDES A CALLING PARTY NUMBER,  INITIAL  ADDRESS
 MESSAGE, AND CALLING LINE IDENTIFICATION.
   18.  "NEW  YORK STATE AUTOMATIC NUMBER IDENTIFICATION" MEANS ANY AUTO-
 MATIC NUMBER IDENTIFICATION WITH AN AREA CODE DESIGNATED  BY  THE  NORTH
 AMERICAN NUMBERING PLAN TO COVER LOCATIONS IN NEW YORK STATE.
   19.  "NORTH AMERICAN NUMBERING PLAN" HAS THE MEANING ASCRIBED TO IT BY
 FEDERAL COMMUNICATIONS COMMISSION  REGULATIONS,  DEFINED  IN  47  C.F.R.
 SECTION 52.5(D).
   20.  "PUBLIC  SWITCHED TELEPHONE NETWORK" MEANS ALL TELEPHONES, MOBILE
 TELEPHONES AND DEVICES ASSIGNED PHONE NUMBERS FROM  THE  NORTH  AMERICAN
 NUMBERING PLAN.
   21.  "VOICE  SERVICE"  HAS  THE  MEANING  ASCRIBED TO SUCH TERM BY THE
 FEDERAL TELEPHONE ROBOCALL ABUSE CRIMINAL ENFORCEMENT AND DETERRENCE ACT
 (TRACED) (PUBLIC LAW NO.116-105), OR ANY  SUCCESSIVE  FEDERAL  LAW  THAT
 AMENDS SUCH TERM.
   22.  "VOICE  SERVICE  PROVIDER"  MEANS  ANY  PERSON WHO PROVIDES VOICE
 SERVICES TO SUBSCRIBERS IN THE STATE UTILIZING ANY  TECHNOLOGY,  REGARD-
 LESS  OF  WHETHER  SUCH  PROVIDER  IS  REGULATED  PURSUANT TO THE PUBLIC
 SERVICE LAW.
   23. "AUTOMATIC TELEPHONE DIALING SYSTEM" MEANS EQUIPMENT, SOFTWARE, OR
 OTHER TECHNOLOGY USED TO MAKE PRE-RECORDED CALLS, EXCEPT  FOR  EQUIPMENT
 THAT  REQUIRES A HUMAN TO DIAL OR PLACE EACH INDIVIDUAL CALL ONE CALL AT
 A TIME AND REQUIRES SUCH HUMAN TO THEN REMAIN ON EACH CALL.

 S. 7508--A                         71                         A. 9508--A
 
   24. "AUTO-DIALED CALL" MEANS ANY TELEPHONE CALL INITIATED BY AN  AUTO-
 MATIC TELEPHONE DIALING SYSTEM.
   25.  "SHAKEN"  MEANS  SIGNATURE-BASED HANDLING OF ASSERTED INFORMATION
 USING TOKENS.
   26. "STIR" MEANS SECURE TELEPHONE IDENTITY REVISITED.
   27. "STIR/SHAKEN AUTHENTICATION FRAMEWORK" MEANS THE  DIGITAL  CERTIF-
 ICATE  SCHEME TO VERIFY AND AUTHENTICATE CALLER IDENTIFICATION FOR CALLS
 CARRIED OVER AN INTERNET PROTOCOL (IP)  NETWORK,  BASED  UPON  STANDARDS
 DEVELOPED BY STAKEHOLDERS OF THE INFORMATION AND COMMUNICATIONS TECHNOL-
 OGY  INDUSTRY,  AS  REFERENCED  IN  THE NOTICE OF INQUIRY OF THE FEDERAL
 COMMUNICATIONS COMMISSION, 32 FCC RCD 5988.
   28. "POOLING ADMINISTRATOR" MEANS THE THOUSANDS-BLOCK POOLING ADMINIS-
 TRATOR AS IDENTIFIED IN 47 C.F.R. § 52.20.
   29. "CONSUMER" MEANS A NATURAL PERSON WHO IS  SOLICITED  TO  PURCHASE,
 LEASE  OR  RECEIVE  A  GOOD OR SERVICE FOR PERSONAL, FAMILY OR HOUSEHOLD
 USE.
   30. "CONSUMER TELEPHONE CALL" MEANS A CALL MADE TO A TELEPHONE  NUMBER
 BY  A  TELEPHONE  SOLICITOR,  WHETHER  BY  DEVICE, LIVE OPERATOR, OR ANY
 COMBINATION THEREOF, FOR THE PURPOSE OF SOLICITING A SALE OF ANY CONSUM-
 ER GOODS OR SERVICES FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES  TO  THE
 CONSUMER CALLED, OR FOR THE PURPOSE OF SOLICITING AN EXTENSION OF CREDIT
 FOR  CONSUMER  GOODS  OR  SERVICES  TO  THE  CONSUMER CALLED, OR FOR THE
 PURPOSE OF OBTAINING INFORMATION THAT WILL OR MAY BE USED FOR THE DIRECT
 SOLICITATION OF A SALE OF CONSUMER GOODS OR  SERVICES  TO  THE  CONSUMER
 CALLED  OR  AN EXTENSION OF CREDIT FOR SUCH PURPOSES; PROVIDED, HOWEVER,
 THAT "CONSUMER TELEPHONE CALL" SHALL NOT INCLUDE A CALL MADE BY A  TELE-
 PHONE CORPORATION, AS DEFINED BY SUBDIVISION SEVENTEEN OF SECTION TWO OF
 THE PUBLIC SERVICE LAW, IN RESPONSE TO A SPECIFIC INQUIRY INITIATED BY A
 CONSUMER  REGARDING  THAT  CONSUMER'S  EXISTING  OR  REQUESTED TELEPHONE
 SERVICE.
   31. "TELEPHONE SOLICITOR" MEANS A PERSON WHO MAKES  OR  CAUSES  TO  BE
 MADE A CONSUMER TELEPHONE CALL.
   32.  "APPLICANT"  MEANS A PERSON SEEKING A CERTIFICATE OF REGISTRATION
 OR TO RENEW A CERTIFICATE OF REGISTRATION UNDER THIS SECTION.
   33. "INVESTMENT OPPORTUNITY" MEANS ANYTHING  TANGIBLE  OR  INTANGIBLE,
 THAT  IS  OFFERED  FOR  SALE, SOLD, OR TRADED BASED WHOLLY OR IN PART ON
 REPRESENTATIONS, EITHER EXPRESS OR  IMPLIED,  ABOUT  PAST,  PRESENT,  OR
 FUTURE INCOME, PROFIT, OR APPRECIATION.
   34.  "PREMIUM" MEANS ANYTHING OFFERED OR GIVEN, INDEPENDENT OF CHANCE,
 TO CUSTOMERS AS AN INCENTIVE TO PURCHASE OR OTHERWISE CONTRACT FOR GOODS
 OR SERVICES OFFERED THROUGH TELEMARKETING.
   35. "PRINCIPAL" MEANS ANY PERSON PARTICIPATING IN OR  RESPONSIBLE  FOR
 THE MANAGEMENT OF A TELEMARKETER'S BUSINESS, WHETHER OR NOT THE POSITION
 IS  COMPENSATED,  INCLUDING BUT NOT LIMITED TO AN OWNER IN THE CASE OF A
 SOLE PROPRIETORSHIP, AN OFFICER, DIRECTOR OR  STOCKHOLDER  HOLDING  MORE
 THAN  TEN PERCENT OF THE OUTSTANDING STOCK IN THE CASE OF A CORPORATION,
 A PARTNER IN THE CASE OF A PARTNERSHIP, AND A MANAGER OR MEMBER  IN  THE
 CASE OF A LIMITED LIABILITY COMPANY.
   36. "PRIZE" MEANS ANYTHING OFFERED OR PURPORTEDLY OFFERED AND GIVEN OR
 PURPORTEDLY  GIVEN  TO  A  PERSON  BY CHANCE. FOR PURPOSES OF THIS DEFI-
 NITION, CHANCE EXISTS IF A PERSON IS GUARANTEED TO RECEIVE AN ITEM  AND,
 AT  THE  TIME OF THE OFFER OR PURPORTED OFFER, THE TELEMARKETER DOES NOT
 IDENTIFY THE SPECIFIC ITEM THAT THE PERSON WILL RECEIVE.
   37. "PRIZE PROMOTION" MEANS A SWEEPSTAKES OR OTHER GAME OF  CHANCE  OR
 AN  ORAL OR WRITTEN, EXPRESS OR IMPLIED REPRESENTATION THAT A PERSON HAS

 S. 7508--A                         72                         A. 9508--A
 
 WON, HAS BEEN SELECTED TO RECEIVE OR IS ELIGIBLE OR MAY BE  ELIGIBLE  TO
 RECEIVE A PRIZE OR PURPORTED PRIZE.
   §  902.  TELEMARKETING  SALES CALLS MANDATES, PROHIBITIONS, AND DO NOT
 CALL REGISTRY. 1. NO TELEMARKETER OR SELLER SHALL ENGAGE IN  TELEMARKET-
 ING  AT  ANY  TIME  OTHER  THAN  BETWEEN  8:00 A.M. AND 9:00 P.M. AT THE
 LOCATION OF THE CUSTOMER UNLESS  THE  CUSTOMER  HAS  GIVEN  HIS  OR  HER
 EXPRESS  CONSENT  TO  THE  CALL AT A DIFFERENT TIME. TELEMARKETERS SHALL
 PROVIDE, IN A CLEAR AND COHERENT MANNER  USING  WORDS  WITH  COMMON  AND
 EVERYDAY MEANINGS, AT THE BEGINNING OF EACH TELEMARKETING SALES CALL ALL
 OF THE FOLLOWING INFORMATION:
   A.  THE  TELEMARKETER'S NAME AND THE PERSON ON WHOSE BEHALF THE SOLIC-
 ITATION IS BEING MADE, IF OTHER THAN THE TELEMARKETER;
   B. THE PURPOSE OF THE TELEPHONE CALL;
   C. THE IDENTITY OF THE GOODS OR SERVICES  FOR  WHICH  A  FEE  WILL  BE
 CHARGED; AND
   D. WHETHER THE CALL IS BEING RECORDED.
   2.  IT  SHALL  BE UNLAWFUL FOR ANY TELEMARKETER OR SELLER TO KNOWINGLY
 CAUSE ANY VOICE SERVICE PROVIDING CALLER IDENTIFICATION SERVICE TO TRAN-
 SMIT MISLEADING, INACCURATE, OR FALSE CALLER IDENTIFICATION INFORMATION,
 PROVIDED THAT IT SHALL NOT BE A VIOLATION TO SUBSTITUTE  (FOR  THE  NAME
 AND  PHONE  NUMBER  USED IN, OR BILLED FOR, MAKING THE CALL) THE NAME OR
 TELEPHONE NUMBER OF THE PERSON OR SELLER ON BEHALF OF WHICH  A  TELEMAR-
 KETING CALL IS PLACED.
   3.  PRIOR  TO THE PURCHASE OF ANY GOOD OR SERVICE, TELEMARKETERS SHALL
 DISCLOSE TO THE CUSTOMER THE COST OF THE GOODS OR SERVICES THAT ARE  THE
 SUBJECT OF THE CALL AND IF THE OFFER INCLUDES A NEGATIVE OPTION FEATURE,
 ALL  MATERIAL  TERMS  AND  CONDITIONS  OF  THE  NEGATIVE OPTION FEATURE,
 INCLUDING, BUT NOT LIMITED TO THE FACT THAT THE CUSTOMER'S ACCOUNT  WILL
 BE  CHARGED UNLESS THE CUSTOMER TAKES AN AFFIRMATIVE ACTION TO AVOID THE
 CHARGES, THE DATES THE CHARGES WILL BE SUBMITTED FOR  PAYMENT,  AND  THE
 SPECIFIC STEPS THE CUSTOMER MUST TAKE TO AVOID THE CHARGE.
   4.  A. THE DEPARTMENT IS AUTHORIZED TO ESTABLISH, MANAGE, AND MAINTAIN
 A NO TELEMARKETING SALES CALLS STATEWIDE REGISTRY WHICH SHALL CONTAIN  A
 LIST  OF  CUSTOMERS WHO DO NOT WISH TO RECEIVE UNSOLICITED TELEMARKETING
 SALES CALLS. THE DEPARTMENT MAY CONTRACT WITH A PRIVATE VENDOR TO ESTAB-
 LISH, MANAGE AND MAINTAIN SUCH REGISTRY, PROVIDED THE PRIVATE VENDOR HAS
 MAINTAINED NATIONAL NO TELEMARKETING SALES  CALLS  REGISTRIES  FOR  MORE
 THAN  TWO  YEARS, AND THE CONTRACT REQUIRES THE VENDOR TO PROVIDE THE NO
 TELEMARKETING SALES CALLS REGISTRY IN A PRINTED HARD COPY FORMAT AND  IN
 ANY OTHER FORMAT AS PRESCRIBED BY THE DEPARTMENT.
   B.  THE  DEPARTMENT  IS  AUTHORIZED  TO  HAVE THE NATIONAL DO NOT CALL
 REGISTRY ESTABLISHED,  MANAGED  AND  MAINTAINED  BY  THE  FEDERAL  TRADE
 COMMISSION  PURSUANT  TO  15  U.S.C.  6151,  AND REFERENCED BY 16 C.F.R.
 SECTION 310.4 (B)(1)(III)(B), TO SERVE AS THE NEW YORK STATE NO TELEMAR-
 KETING SALES CALLS STATEWIDE REGISTRY PROVIDED FOR BY THIS SECTION.  THE
 DEPARTMENT IS FURTHER AUTHORIZED TO TAKE WHATEVER ADMINISTRATIVE ACTIONS
 MAY  BE  NECESSARY OR APPROPRIATE FOR SUCH TRANSITION INCLUDING, BUT NOT
 LIMITED TO, PROVIDING THE TELEPHONE NUMBERS OF NEW YORK CUSTOMERS REGIS-
 TERED ON THE NO TELEMARKETING SALES  CALLS  STATEWIDE  REGISTRY  TO  THE
 FEDERAL  TRADE  COMMISSION,  FOR  INCLUSION ON THE NATIONAL  DO NOT CALL
 REGISTRY.
   5. NO TELEMARKETER OR SELLER MAY MAKE OR CAUSE TO BE MADE ANY UNSOLIC-
 ITED TELEMARKETING SALES CALL TO ANY CUSTOMER WHEN THAT CUSTOMER'S TELE-
 PHONE NUMBER HAS BEEN ON THE NATIONAL  DO NOT CALL REGISTRY, ESTABLISHED
 BY THE FEDERAL TRADE COMMISSION, FOR A PERIOD OF THIRTY-ONE  DAYS  PRIOR

 S. 7508--A                         73                         A. 9508--A
 
 TO   THE   DATE  THE  CALL  IS  MADE,  PURSUANT  TO  16  C.F.R.  SECTION
 310.4(B)(1)(III)(B).
   6.  IT  SHALL  BE UNLAWFUL FOR ANY TELEMARKETER DOING BUSINESS IN THIS
 STATE TO MAKE AN UNSOLICITED TELEMARKETING SALES CALL TO ANY PERSON IN A
 COUNTY, CITY, TOWN OR VILLAGE KNOWINGLY UNDER A DECLARED STATE OF  EMER-
 GENCY OR DISASTER EMERGENCY AS DESCRIBED IN SECTION TWENTY-FOUR OR TWEN-
 TY-EIGHT OF THE EXECUTIVE LAW.
   7.  NO  TELEMARKETER  OR SELLER SHALL INITIATE ANY TELEMARKETING SALES
 CALL BY MEANS OF A TECHNOLOGY  THAT  DELIVERS  A  PRE-RECORDED  MESSAGE,
 UNLESS  THE  TELEMARKETER  OR  SELLER  HAS OBTAINED FROM THE CUSTOMER AN
 EXPRESS AGREEMENT, IN WRITING. NO SUCH  AGREEMENT  SHALL  AUTHORIZE  ANY
 TELEMARKETING  SALES  CALLS MORE THAN THIRTY DAYS AFTER EXECUTION OF THE
 AGREEMENT, AND THE AGREEMENT MUST PROVIDE THAT:
   A. THE TELEMARKETER OR SELLER OBTAINED ONLY AFTER A CLEAR AND CONSPIC-
 UOUS DISCLOSURE, USING PLAIN LANGUAGE AND PRINTED IN TYPE NO  LESS  THAN
 TWELVE-POINT TYPE, THAT THE PURPOSE OF THE AGREEMENT IS TO AUTHORIZE THE
 SELLER TO MAKE TELEMARKETING SALES CALLS TO SUCH CUSTOMER;
   B.  THE TELEMARKETER OR SELLER OBTAINED WITHOUT REQUIRING, DIRECTLY OR
 INDIRECTLY, THAT THE AGREEMENT BE EXECUTED AS A CONDITION OF  PURCHASING
 ANY GOOD OR SERVICE;
   C.  EVIDENCES THE WILLINGNESS OF THE CUSTOMER TO RECEIVE TELEMARKETING
 SALES CALLS BY OR MADE ON BEHALF OF A SPECIFIC SELLER;
   D. INCLUDES SUCH CUSTOMER'S TELEPHONE NUMBER AND SIGNATURE;
   E. IS DISPLAYED BEFORE ANY MECHANISM OFFERED TO THE CUSTOMER TO VERIFY
 OR ACKNOWLEDGE CONSENT; AND
   F. CONTAINS THE FOLLOWING LANGUAGE:
   (I) "THIS EXPRESS AGREEMENT APPLIES ONLY BETWEEN THE CUSTOMER AND  THE
 SPECIFIC  ENTITY OFFERING THE AGREEMENT, AND ANY NAMED PARTNER OR AFFIL-
 IATE ENTITY."
   (II) "BY CLICKING OR OTHERWISE ACKNOWLEDGING AGREEMENT,  I  UNDERSTAND
 THAT  I  CONSENT  TO AND MAY RECEIVE TELEMARKETING SALES CALLS EVEN IF I
 HAVE PREVIOUSLY ENTERED MY NUMBER ON THE NATIONAL DO NOT CALL   REGISTRY
 MAINTAINED BY THE FEDERAL TRADE COMMISSION."
   8.  NO TELEMARKETER OR SELLER MAY INITIATE ANY TELEPHONE CALL USING AN
 AUTOMATIC TELEPHONE DIALING SYSTEM  OR  AN  ARTIFICIAL  OR  PRE-RECORDED
 VOICE,  WITHOUT  PRIOR  EXPRESS  AND  VERIFIABLE CONSENT FROM THE PERSON
 RECEIVING THE CALL.
   9. IN THE CASE OF ANY TELEMARKETING SALES CALL DELIVERED BY MEANS OF A
 TECHNOLOGY THAT DELIVERS A PRE-RECORDED MESSAGE THAT COULD  BE  RECEIVED
 BY A CUSTOMER WHO CAN USE AN AUTOMATED INTERACTIVE VOICE AND/OR KEYPRESS
 ACTIVATED  OPT-OUT  MECHANISM TO ASSERT A DO NOT CALL REQUEST, SUCH CALL
 SHALL INCLUDE A MECHANISM THAT ALLOWS THE CUSTOMER TO AUTOMATICALLY  ADD
 THE  NUMBER CALLED TO THE SELLER'S ENTITY SPECIFIC DO NOT CALL LIST, AND
 WHICH MECHANISM, ONCE INVOKED, IMMEDIATELY ENDS THE CALL.
   10. IN THE CASE OF ANY TELEMARKETING SALES CALL DELIVERED BY MEANS  OF
 A TECHNOLOGY THAT DELIVERS A PRE-RECORDED MESSAGE THAT COULD BE ANSWERED
 BY  AN  ANSWERING  MACHINE OR VOICEMAIL SERVICE, THAT THE CALL INCLUDE A
 TOLL-FREE NUMBER THAT MUST CONNECT THE CUSTOMER DIRECTLY TO AN AUTOMATED
 INTERACTIVE VOICE OR KEYPRESS ACTIVATED OPT-OUT  MECHANISM  THAT  ALLOWS
 THE  CONSUMER  TO  AUTOMATICALLY  ADD  THE NUMBER CALLED TO THE SELLER'S
 ENTITY SPECIFIC DO NOT CALL LIST, AND  WHICH  MECHANISM,  ONCE  INVOKED,
 IMMEDIATELY ENDS THE CALL.
   11.  IN  THE  CASE  OF  ANY TELEMARKETING SALES CALL MADE BY A NATURAL
 PERSON, THE TELEMARKETER OR SELLER SHALL INFORM THE CUSTOMER THAT HE  OR
 SHE  MAY  REQUEST THAT HIS OR HER TELEPHONE NUMBER BE ADDED TO THE SELL-
 ER'S ENTITY SPECIFIC DO NOT CALL LIST. IF THE CUSTOMER OPTS  TO  DO  SO,

 S. 7508--A                         74                         A. 9508--A
 
 THE  TELEMARKETER OR SELLER SHALL IMMEDIATELY END THE CALL AND SHALL ADD
 THE NUMBER CALLED TO SUCH LIST OR CAUSE THE NUMBER CALLED TO BE ADDED TO
 SUCH LIST.
   12. NO TELEMARKETER OR SELLER SHALL TRANSMIT, SHARE, OR OTHERWISE MAKE
 AVAILABLE  ANY CUSTOMER'S CONTACT INFORMATION, INCLUDING NAME, TELEPHONE
 NUMBER, OR EMAIL ADDRESS, WHICH HAS BEEN PROVIDED TO  SUCH  TELEMARKETER
 OR  SELLER BY SUCH CUSTOMER, TO ANY PERSON, CORPORATION, OR OTHER ENTITY
 WITHOUT THE EXPRESS AGREEMENT OF THE CONSUMER IN WRITING OR IN ELECTRON-
 IC FORMAT, UNLESS OTHERWISE REQUIRED BY LAW, OR  PURSUANT  TO  A  LAWFUL
 SUBPOENA OR COURT ORDER. NO SUCH AGREEMENT SHALL AUTHORIZE A TELEMARKET-
 ER  OR  SELLER  TO  TRANSMIT,  SHARE,  OR  OTHERWISE MAKE AVAILABLE SUCH
 CONSUMER'S CONTACT INFORMATION FOR MORE THAN THIRTY DAYS AFTER EXECUTION
 OF SUCH AGREEMENT.
   13. TELEMARKETERS AND SELLERS SHALL KEEP FOR A PERIOD  OF  TWENTY-FOUR
 MONTHS FROM THE DATE THE RECORD IS CREATED RECORDS RELATING TO ITS TELE-
 MARKETING ACTIVITIES.
   14.  A. THE DEPARTMENT SHALL PROVIDE NOTICE TO CUSTOMERS OF THE ESTAB-
 LISHMENT OF THE NATIONAL DO NOT CALL REGISTRY. ANY CUSTOMER  WHO  WISHES
 TO  BE  INCLUDED ON SUCH REGISTRY SHALL NOTIFY THE FEDERAL TRADE COMMIS-
 SION AS DIRECTED BY RELEVANT FEDERAL REGULATIONS.
   B. ANY COMPANY THAT PROVIDES LOCAL TELEPHONE DIRECTORIES TO  CUSTOMERS
 IN  THIS  STATE  SHALL  INFORM  ITS  CUSTOMERS OF THE PROVISIONS OF THIS
 SECTION BY MEANS OF PUBLISHING A NOTICE IN SUCH LOCAL TELEPHONE DIRECTO-
 RIES AND ON ANY WEBSITE AND SOCIAL MEDIA PAGE OWNED, OPERATED OR  OTHER-
 WISE AUTHORIZED BY SUCH COMPANY.
   15.  WHEN THE DEPARTMENT HAS REASON TO BELIEVE A PERSON HAS ENGAGED IN
 REPEATED UNLAWFUL ACTS IN VIOLATION OF THIS SECTION, OR WHEN A NOTICE OF
 HEARING HAS BEEN ISSUED PURSUANT TO SUBDIVISION SIXTEEN OF THIS SECTION,
 THE DEPARTMENT MAY REQUEST IN WRITING THE PRODUCTION OF  RELEVANT  DOCU-
 MENTS  AND RECORDS AS PART OF ITS INVESTIGATION. IF THE PERSON UPON WHOM
 SUCH REQUEST WAS MADE FAILS TO PRODUCE THE DOCUMENTS OR  RECORDS  WITHIN
 FOURTEEN  DAYS  AFTER  THE DATE OF THE REQUEST, THE DEPARTMENT MAY ISSUE
 AND SERVE SUBPOENAS TO COMPEL  THE  PRODUCTION  OF  SUCH  DOCUMENTS  AND
 RECORDS.  IF  ANY  PERSON  SHALL REFUSE TO COMPLY WITH A SUBPOENA ISSUED
 UNDER THIS SECTION, THE DEPARTMENT MAY PETITION  A  COURT  OF  COMPETENT
 JURISDICTION TO ENFORCE THE SUBPOENA, AND TO REQUEST A CIVIL PENALTY NOT
 TO  EXCEED  ONE  THOUSAND  DOLLARS  PER DAY, ACTUAL DAMAGES SUSTAINED BY
 REASON OF THE FAILURE TO COMPLY AND SUCH  SANCTIONS  AS  THE  COURT  MAY
 DIRECT.
   16.  A. WHERE IT IS DETERMINED AFTER AN OPPORTUNITY FOR A HEARING THAT
 ANY PERSON HAS VIOLATED ONE OR MORE  PROVISIONS  OF  THIS  SECTION,  THE
 SECRETARY,  OR  ANY PERSON DEPUTIZED OR SO DESIGNATED BY HIM OR HER, MAY
 ASSESS A FINE  NOT  TO  EXCEED  TWENTY-TWO  THOUSAND  DOLLARS  FOR  EACH
 VIOLATION.
   B.  ANY  PROCEEDING CONDUCTED PURSUANT TO PARAGRAPH A OF THIS SUBDIVI-
 SION SHALL BE SUBJECT TO THE STATE ADMINISTRATIVE PROCEDURE ACT.
   C. NOTHING IN THIS SUBDIVISION SHALL  BE  CONSTRUED  TO  RESTRICT  ANY
 RIGHT  WHICH  ANY  PERSON  MAY HAVE UNDER ANY OTHER STATUTE OR AT COMMON
 LAW.
   17. THE DEPARTMENT SHALL PRESCRIBE RULES AND REGULATIONS TO ADMINISTER
 THIS SECTION.
   18. IF ANY CLAUSE, SENTENCE, PARAGRAPH OR PART OF THIS  SECTION  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, PARA-

 S. 7508--A                         75                         A. 9508--A
 
 GRAPH OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH
 JUDGMENT SHALL HAVE BEEN RENDERED.
   §  903.  TELEPHONE  CALL  AUTHENTICATION  FRAMEWORK. 1. NOT LATER THAN
 JANUARY FIRST, TWO THOUSAND TWENTY-ONE:
   A. A VOICE SERVICE PROVIDER SHALL IMPLEMENT THE STIR/SHAKEN  AUTHENTI-
 CATION  FRAMEWORK, OR ALTERNATIVE TECHNOLOGY THAT PROVIDES COMPATIBLE OR
 SUPERIOR CAPABILITY, TO VERIFY AND  AUTHENTICATE  CALLER  IDENTIFICATION
 INFORMATION  IN  THE INTERNET PROTOCOL NETWORKS OF VOICE SERVICE PROVID-
 ERS.
   B. A VOICE SERVICE PROVIDER SHALL TAKE REASONABLE MEASURES  TO  IMPLE-
 MENT AN EFFECTIVE CALL AUTHENTICATION FRAMEWORK, OR ALTERNATIVE TECHNOL-
 OGY  THAT  PROVIDES  COMPATIBLE  OR  SUPERIOR  CAPABILITY, TO VERIFY AND
 AUTHENTICATE  CALLER  IDENTIFICATION  INFORMATION  IN  THE  NON-INTERNET
 PROTOCOL NETWORKS OF THE VOICE SERVICE PROVIDER.
   2.   STIR/SHAKEN  CERTIFICATE  AUTHORITIES  PROVIDING  CREDENTIALS  TO
 COMMERCIAL, GOVERNMENT AND NOT-FOR-PROFIT ORGANIZATIONS USING  NEW  YORK
 STATE AUTOMATIC NUMBER IDENTIFICATIONS SHALL BE RESPONSIBLE FOR INVESTI-
 GATING  AND  VETTING  THE  ENTITIES  THEY CERTIFY, AND SHALL PROVIDE THE
 DEPARTMENT ANNUALLY WITH ALL INFORMATION REQUIRED  UNDER  THIS  SUBDIVI-
 SION.  REQUIRED  DUE  DILIGENCE  IN  SELECTING  AND MANAGING CERTIFICATE
 RECIPIENTS SHALL INCLUDE A MINIMUM OF THE FOLLOWING:
   A. BACKGROUND CHECKS WHICH ESTABLISH THAT THE ENTITY, ITS OFFICERS AND
 PERSONS RESPONSIBLE FOR AUTHORIZING OFFICIAL ACTS OF  SUCH  ENTITY  HAVE
 NEVER  BEEN  CONVICTED  OF FRAUDS, FELONIES OR OTHER SERIOUS OR RELEVANT
 OFFENSES.
   B. ESTABLISHMENT OF ONE OR MORE  PHYSICAL  ADDRESS  LOCATIONS  IN  THE
 UNITED STATES. ALL SUCH INFORMATION SHALL BE CONFIRMED AND UPDATED ANNU-
 ALLY.
   C.  ANY  PERSON  ACTING  AS  A  CERTIFICATE  AUTHORITY SHALL PROVIDE A
 PERSONAL ASSURANCE THAT THE CERTIFICATES WILL BE GRANTED IN A  REPUTABLE
 AND  LAWFUL MANNER, AND ANY SUCH PERSON SHALL BE RESPONSIBLE JOINTLY AND
 SEVERALLY FOR PENALTIES RELATED TO FRAUD OR WILLFUL VIOLATIONS.
   3. WHERE THE FEDERAL COMMUNICATIONS COMMISSION HAS GRANTED A DELAY  OF
 REQUIRED  COMPLIANCE  FOR  ANY  PROVIDER  OR CLASS OF PROVIDERS OF VOICE
 SERVICE OR TYPE OF VOICE CALLS, COMPLIANCE UNDER PARAGRAPH B OF SUBDIVI-
 SION ONE OF THIS SECTION MAY BE DELAYED, BUT ONLY  TO  THE  EXTENT  THAT
 SUCH  A PROVIDER OR CLASS OF PROVIDERS OF VOICE SERVICE OR TYPE OF VOICE
 CALLS, MATERIALLY RELIES ON A  NON-INTERNET  PROTOCOL  NETWORK  FOR  THE
 PROVISION OF SUCH SERVICE OR CALLS, UNTIL A CALL AUTHENTICATION PROTOCOL
 HAS  BEEN  DEVELOPED  FOR  CALLS  DELIVERED  OVER  NON-INTERNET PROTOCOL
 NETWORKS AND IS REASONABLY AVAILABLE.
   4. ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-ONE, AND THEREAFTER
 AT LEAST ONCE EVERY THREE  YEARS,  ALL  VOICE  SERVICE  PROVIDERS  SHALL
 REVIEW  THE BEST AVAILABLE TECHNOLOGY TO AUTHENTICATE CALLER IDENTIFICA-
 TION INFORMATION AND DEPLOY ANY SUCH TECHNOLOGY WHICH MAY BETTER  ACCOM-
 PLISH  THE  PURPOSE OF THIS SECTION. ANY SUCH UPGRADES SHALL BE DEPLOYED
 TO ALL SUBSCRIBERS AS SOON AS FEASIBLE AND AT NO ADDITIONAL SURCHARGE OR
 FEE TO SUCH SUBSCRIBERS.
   5. DEPLOYMENT OF ANY CALL AUTHENTICATION TECHNOLOGY SHALL RESULT IN NO
 ADDITIONAL SURCHARGE OR FEE TO THE SUBSCRIBER.
   6. BY JULY THIRTY-FIRST OF THE YEAR FOLLOWING THE  EFFECTIVE  DATE  OF
 THIS  SECTION,  AND  ANNUALLY  THEREAFTER,  EVERY VOICE SERVICE PROVIDER
 SHALL FILE WITH BOTH THE DEPARTMENT, AND THE  SECRETARY  TO  THE  PUBLIC
 SERVICE  COMMISSION, A REPORT SETTING FORTH ITS DEPLOYMENT AND REVIEW OF
 THE BEST AVAILABLE  CALL  AUTHENTICATION  TECHNOLOGY  REQUIRED  BY  THIS
 SECTION, AS WELL AS ANY AVAILABLE UPGRADES THERETO AND DEPLOYMENT THERE-

 S. 7508--A                         76                         A. 9508--A
 
 OF  TO  PERSONS  OR  ENTITIES, AS WELL AS ANY OTHER INFORMATION THAT THE
 DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF PUBLIC  SERVICE,  MAY
 REQUIRE. SUCH REPORT SHALL INCLUDE:
   A.  AN  ANALYSIS  OF  THE EXTENT TO WHICH VOICE SERVICE PROVIDERS HAVE
 IMPLEMENTED  THE  CALL  AUTHENTICATION  FRAMEWORKS  DESCRIBED  IN   THIS
 SECTION,  INCLUDING  WHETHER THE AVAILABILITY OF NECESSARY EQUIPMENT AND
 EQUIPMENT UPGRADES HAS IMPACTED SUCH IMPLEMENTATION;
   B. AN ASSESSMENT OF THE EFFICACY OF THE CALL AUTHENTICATION FRAMEWORKS
 DESCRIBED IN PARAGRAPH B OF SUBDIVISION ONE OF THIS SECTION, IN ADDRESS-
 ING ALL ASPECTS OF CALL AUTHENTICATION; AND
   C. A SWORN STATEMENT BY A PRINCIPAL OR OFFICER OF  THE  VOICE  SERVICE
 PROVIDER THAT THE INFORMATION PROVIDED IS CURRENT AND ACCURATE.
   7.  ANY  VOICE  SERVICE  PROVIDER  THAT KNOWINGLY FAILS OR NEGLECTS TO
 COMPLY WITH THIS SECTION, OR A RULE OR  REGULATION  ADOPTED  THEREUNDER,
 SHALL FORFEIT TO THE PEOPLE OF THE STATE OF NEW YORK A SUM NOT LESS THAN
 TEN  THOUSAND  DOLLARS  AND  NO  MORE  THAN ONE HUNDRED THOUSAND DOLLARS
 CONSTITUTING A CIVIL PENALTY FOR EACH AND EVERY OFFENSE AND, IN THE CASE
 OF A CONTINUING VIOLATION, EACH DAY  SHALL  BE  DEEMED  A  SEPARATE  AND
 DISTINCT OFFENSE.
   8. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY BE MADE BY EITHER A.  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE
 OF  THE  STATE  OF  NEW YORK, OR B. THE PUBLIC SERVICE COMMISSION IN THE
 CASE OF A VOICE SERVICE PROVIDER SUBJECT  TO  THE  JURISDICTION  OF  THE
 PUBLIC SERVICE COMMISSION, TO A COURT OR JUSTICE HAVING JURISDICTION, TO
 ISSUE  AN  INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN
 FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE  OF  SUCH  VIOLATIONS,
 AND FOR THE ENFORCEMENT OF THE PENALTIES PROVIDED IN THIS SECTION.
   9. WHEN THE DEPARTMENT HAS REASON TO BELIEVE A PERSON OR VOICE SERVICE
 PROVIDER  HAS VIOLATED ANY PROVISION OF THIS SECTION, THE DEPARTMENT MAY
 REQUEST IN WRITING THE PRODUCTION OF RELEVANT DOCUMENTS AND RECORDS.  IF
 THE  PERSON  UPON  WHOM SUCH REQUEST WAS MADE FAILS TO PRODUCE THE DOCU-
 MENTS OR RECORDS WITHIN FOURTEEN DAYS AFTER THE DATE OF THE REQUEST, THE
 DEPARTMENT MAY ISSUE AND SERVE SUBPOENAS TO  COMPEL  THE  PRODUCTION  OF
 SUCH  DOCUMENTS AND RECORDS. IF ANY PERSON SHALL REFUSE TO COMPLY WITH A
 SUBPOENA ISSUED UNDER THIS SECTION, THE DEPARTMENT MAY PETITION A  COURT
 OF  COMPETENT  JURISDICTION TO ENFORCE THE SUBPOENA AND, NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW, TO REQUEST A CIVIL PENALTY NOT TO EXCEED ONE
 THOUSAND DOLLARS PER DAY, ACTUAL DAMAGES  SUSTAINED  BY  REASON  OF  THE
 FAILURE TO COMPLY, AND SUCH SANCTIONS AS THE COURT MAY DIRECT.
   10.  THE  PUBLIC  SERVICE COMMISSION AND THE DEPARTMENT MAY PROMULGATE
 ANY  RULES  OR  REGULATIONS  NECESSARY  TO  IMPLEMENT  AND  ENFORCE  THE
 PROVISIONS OF THIS SECTION.
   §  904.  TELEPHONE  CALL  BLOCKING.  1.  CONSISTENT WITH AUTHORIZATION
 PROVIDED BY FEDERAL LAW AND RULES OR  ORDERS  OF  THE  FEDERAL  COMMUNI-
 CATIONS COMMISSION OR ITS SUCCESSORS:
   A.  VOICE  SERVICE PROVIDERS SHALL OFFER SUBSCRIBERS SERVICES THAT ARE
 CAPABLE OF BLOCKING CALLS TO A TELEPHONE OR OTHER DEVICE, ON AN  OPT-OUT
 BASIS.    SUCH  CALL BLOCKING MAY INCLUDE SENDING A CALL DIRECTLY TO THE
 CALLED SUBSCRIBER'S VOICEMAIL, OR TO A "PERSONAL ASSISTANT" THAT ANSWERS
 THE CALL, OR TO A "CAPTCHA" (COMPLETELY AUTOMATED PUBLIC TURING TEST  TO
 TELL  COMPUTERS  AND HUMANS APART) MENU THAT CONFRONTS THE CALLING PARTY
 AND REQUIRES IT TO CONFIRM THAT IT  IS  NOT  A  ROBOT.    VOICE  SERVICE
 PROVIDERS  SHALL,  IN  A MANNER THAT IS CLEAR FOR A SUBSCRIBER TO UNDER-
 STAND: (I) OFFER SUFFICIENT INFORMATION TO SUBSCRIBERS SO THAT SUBSCRIB-
 ERS CAN MAKE AN INFORMED CHOICE AS TO WHETHER THEY WISH  TO  OPT-OUT  OF

 S. 7508--A                         77                         A. 9508--A

 SUCH  SERVICE;  AND  (II)  CLEARLY DISCLOSE TO SUBSCRIBERS WHAT TYPES OF
 CALLS MAY BE BLOCKED AND THE RISKS OF BLOCKING WANTED CALLS.
   B.  VOICE  SERVICE PROVIDERS SHALL BLOCK A CALL MADE TO A TELEPHONE OR
 OTHER DEVICE WHEN THE SUBSCRIBER TO  WHICH  THE  ORIGINATING  NUMBER  IS
 ASSIGNED  HAS  REQUESTED  THAT  CALLS  PURPORTING TO ORIGINATE FROM THAT
 NUMBER BE BLOCKED BECAUSE THE NUMBER IS USED FOR INBOUND CALLS ONLY.
   C. VOICE SERVICE PROVIDERS SHALL BLOCK CALLS MADE TO  A  TELEPHONE  OR
 OTHER DEVICE ORIGINATING FROM THE FOLLOWING NUMBERS:
   (I) A NUMBER THAT IS NOT A VALID NORTH AMERICAN NUMBERING PLAN NUMBER;
   (II)  A  VALID  NORTH AMERICAN NUMBERING PLAN NUMBER THAT IS NOT ALLO-
 CATED TO A PROVIDER BY THE NORTH AMERICAN NUMBERING  PLAN  ADMINISTRATOR
 OR THE POOLING ADMINISTRATOR; AND
   (III)  A  VALID NORTH AMERICAN NUMBERING PLAN NUMBER THAT IS ALLOCATED
 TO A PROVIDER BY THE NORTH AMERICAN NUMBER PLAN ADMINISTRATOR OR POOLING
 ADMINISTRATOR, BUT IS UNUSED, SO LONG AS THE PROVIDER BLOCKING THE CALLS
 IS THE ALLOCATEE OF THE NUMBER AND CONFIRMS THAT THE NUMBER IS UNUSED OR
 HAS OBTAINED VERIFICATION FROM THE ALLOCATEE THAT THE NUMBER  IS  UNUSED
 AT  THE  TIME  OF THE BLOCKING. AN UNUSED NUMBER IS A NUMBER THAT IS NOT
 ASSIGNED TO A SUBSCRIBER OR OTHERWISE SET ASIDE FOR OUTBOUND CALL USE.
   D. VOICE SERVICE PROVIDERS SHALL NOT BLOCK ANY CALL MADE  TO  A  TELE-
 PHONE  OR  OTHER  DEVICE  IF  (I)  THE  CALL IS MADE FOR EMERGENCY ALERT
 PURPOSES, OR (II) IT IS A CALL FROM A LAW ENFORCEMENT OR  PUBLIC  SAFETY
 ENTITY.
   2.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE BLOCKING OF
 INTERNATIONAL TELEPHONE CALLS FROM PURPORTED NON-NORTH AMERICAN  NUMBER-
 ING PLAN NUMBERS.
   3.  DEPLOYMENT  OF ANY CALL BLOCKING SERVICES SHALL RESULT IN NO ADDI-
 TIONAL SURCHARGE OR FEE TO THE SUBSCRIBER.
   4. ON OR BEFORE JANUARY FIRST, TWO THOUSAND  TWENTY-ONE,  AND  PERIOD-
 ICALLY  THEREAFTER,  ALL  VOICE  SERVICE PROVIDERS SHALL REVIEW THE BEST
 AVAILABLE CALL BLOCKING TECHNOLOGY AND DEPLOY ANY SUCH TECHNOLOGY  WHICH
 MAY  BETTER  ACCOMPLISH  THE  PURPOSE OF THIS SECTION. ANY SUCH UPGRADES
 SHALL BE DEPLOYED TO ALL SUBSCRIBERS AS SOON AS FEASIBLE AND AT NO ADDI-
 TIONAL SURCHARGE OR FEE TO SUCH SUBSCRIBERS.
   5. BY JULY THIRTY-FIRST OF THE YEAR FOLLOWING THE  EFFECTIVE  DATE  OF
 THIS  SECTION,  AND  ANNUALLY  THEREAFTER,  EVERY VOICE SERVICE PROVIDER
 SHALL FILE WITH BOTH THE DEPARTMENT, AND THE  SECRETARY  TO  THE  PUBLIC
 SERVICE  COMMISSION, A REPORT SETTING FORTH ITS DEPLOYMENT AND REVIEW OF
 THE BEST AVAILABLE CALL BLOCKING TECHNOLOGY REQUIRED BY THIS SECTION, AS
 WELL AS ANY AVAILABLE UPGRADES THERETO AND DEPLOYMENT THEREOF TO PERSONS
 OR ENTITIES, AS WELL AS ANY OTHER INFORMATION THAT  THE  DEPARTMENT,  IN
 CONSULTATION  WITH  THE  DEPARTMENT  OF PUBLIC SERVICE, MAY REQUIRE. THE
 REPORT SHALL INCLUDE A SWORN STATEMENT BY A PRINCIPAL OR OFFICER OF  THE
 VOICE  SERVICE  PROVIDER  THAT  THE  INFORMATION PROVIDED IS CURRENT AND
 ACCURATE.
   6. ANY VOICE SERVICE PROVIDER THAT  KNOWINGLY  FAILS  OR  NEGLECTS  TO
 COMPLY  WITH  THIS  SECTION, OR A RULE OR REGULATION ADOPTED THEREUNDER,
 SHALL FORFEIT TO THE PEOPLE OF THE STATE OF NEW YORK A SUM NOT LESS THAN
 TEN THOUSAND DOLLARS AND NO  MORE  THAN  ONE  HUNDRED  THOUSAND  DOLLARS
 CONSTITUTING A CIVIL PENALTY FOR EACH AND EVERY OFFENSE AND, IN THE CASE
 OF  A  CONTINUING  VIOLATION,  EACH  DAY  SHALL BE DEEMED A SEPARATE AND
 DISTINCT OFFENSE.
   7. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY BE MADE BY EITHER A. THE ATTORNEY-GENERAL IN THE NAME OF THE  PEOPLE
 OF  THE  STATE  OF NEW YORK, OR B. IN THE CASE OF VOICE SERVICE PROVIDER
 SUBJECT TO THE JURISDICTION  OF  THE  PUBLIC  SERVICE  LAW,  THE  PUBLIC

 S. 7508--A                         78                         A. 9508--A
 
 SERVICE  COMMISSION, TO A COURT OR JUSTICE HAVING JURISDICTION, TO ISSUE
 AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT  LESS  THAN  FIVE
 DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS, AND FOR
 THE ENFORCEMENT OF THE PENALTIES PROVIDED IN THIS SECTION.
   8. WHEN THE DEPARTMENT HAS REASON TO BELIEVE A PERSON OR VOICE SERVICE
 PROVIDER  HAS VIOLATED ANY PROVISION OF THIS SECTION, THE DEPARTMENT MAY
 REQUEST IN WRITING THE PRODUCTION OF RELEVANT DOCUMENTS AND RECORDS.  IF
 THE  PERSON  UPON  WHOM SUCH REQUEST WAS MADE FAILS TO PRODUCE THE DOCU-
 MENTS OR RECORDS WITHIN FOURTEEN DAYS AFTER THE DATE OF THE REQUEST, THE
 DEPARTMENT MAY ISSUE AND SERVE SUBPOENAS TO  COMPEL  THE  PRODUCTION  OF
 SUCH  DOCUMENTS AND RECORDS. IF ANY PERSON SHALL REFUSE TO COMPLY WITH A
 SUBPOENA ISSUED UNDER THIS SECTION, THE DEPARTMENT MAY PETITION A  COURT
 OF  COMPETENT  JURISDICTION TO ENFORCE THE SUBPOENA AND, NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW, TO REQUEST A CIVIL PENALTY NOT TO EXCEED ONE
 THOUSAND DOLLARS PER DAY, ACTUAL DAMAGES  SUSTAINED  BY  REASON  OF  THE
 FAILURE TO COMPLY, AND SUCH SANCTIONS AS THE COURT MAY DIRECT.
   9.  THE  SECRETARY SHALL PROMULGATE ANY RULES OR REGULATIONS NECESSARY
 TO IMPLEMENT AND ENFORCE THE PROVISIONS OF THIS SECTION.
   10. THE PUBLIC SERVICE COMMISSION MAY PROMULGATE ANY  RULES  OR  REGU-
 LATIONS  NECESSARY  TO  IMPLEMENT  AND  ENFORCE  THE  PROVISIONS OF THIS
 SECTION.
   § 905. USE OF AUTOMATIC TELEPHONE DIALING  SYSTEMS  AND  PLACEMENT  OF
 CONSUMER  TELEPHONE CALLS. 1. NO PERSON SHALL OPERATE AN AUTOMATIC TELE-
 PHONE DIALING SYSTEM, NOR PLACE ANY CONSUMER TELEPHONE CALL,  EXCEPT  IN
 ACCORDANCE  WITH  THE PROVISIONS OF THIS SECTION. THE USE OF SUCH DEVICE
 BY ANY PERSON, EITHER INDIVIDUALLY OR ACTING AS AN  OFFICER,  AGENT,  OR
 EMPLOYEE  OF  A PERSON OPERATING ANY AUTOMATIC TELEPHONE DIALING SYSTEM,
 IS SUBJECT TO THE PROVISIONS OF THIS SECTION.
   2. WHENEVER TELEPHONE CALLS ARE PLACED THROUGH THE USE OF AN AUTOMATIC
 TELEPHONE DIALING SYSTEM, SUCH DEVICE SHALL DO ALL OF THE FOLLOWING:
   A. STATE AT THE BEGINNING OF THE CALL THE NATURE OF THE CALL  AND  THE
 NAME  OF  THE PERSON OR ON WHOSE BEHALF THE MESSAGE IS BEING TRANSMITTED
 AND AT THE END OF SUCH MESSAGE THE ADDRESS, AND TELEPHONE NUMBER OF  THE
 PERSON ON WHOSE BEHALF THE MESSAGE IS TRANSMITTED, PROVIDED SUCH DISCLO-
 SURES  ARE  NOT OTHERWISE PROHIBITED OR RESTRICTED BY ANY FEDERAL, STATE
 OR LOCAL LAW; AND
   B. DISCONNECT THE AUTOMATIC TELEPHONE DIALING SYSTEM  FROM  THE  TELE-
 PHONE LINE UPON THE TERMINATION OF THE CALL BY EITHER THE PERSON CALLING
 OR THE PERSON CALLED.
   3. NO PERSON SHALL OPERATE AN AUTOMATIC TELEPHONE DIALING SYSTEM WHICH
 USES  A  RANDOM OR SEQUENTIAL NUMBER GENERATOR TO PRODUCE A NUMBER TO BE
 CALLED.
   4. NO AUTOMATIC TELEPHONE DIALING SYSTEM SHALL BE USED TO CALL AND  NO
 CONSUMER  TELEPHONE  CALL SHALL BE PLACED TO AN EMERGENCY TELEPHONE LINE
 INCLUDING BUT NOT LIMITED TO ANY 911 OR E-911  LINE,  OR  ANY  EMERGENCY
 LINE  OF  ANY  VOLUNTEER  FIRE COMPANY OR FIRE DEPARTMENT; ANY EMERGENCY
 MEDICAL SERVICE,  AMBULANCE  SERVICE,  VOLUNTARY  AMBULANCE  SERVICE  OR
 HOSPITAL  AMBULANCE  SERVICE AS DEFINED IN SECTION THREE THOUSAND ONE OF
 THE PUBLIC HEALTH LAW; ANY HOSPITAL, NURSING HOME, OR RESIDENTIAL HEALTH
 CARE FACILITY AS DEFINED IN SECTION  TWENTY-EIGHT  HUNDRED  ONE  OF  THE
 PUBLIC  HEALTH LAW; ANY ADULT CARE FACILITY AS DEFINED IN SECTION TWO OF
 THE SOCIAL SERVICES LAW; OR ANY LAW ENFORCEMENT AGENCY OR TO  THE  TELE-
 PHONE  LINE  OF  ANY GUEST ROOM OR PATIENT ROOM OF ANY HOSPITAL, NURSING
 HOME, OR RESIDENTIAL HEALTH CARE FACILITY AS DEFINED IN SECTION  TWENTY-
 EIGHT  HUNDRED  ONE OF THE PUBLIC HEALTH LAW, OR ANY ADULT CARE FACILITY
 AS DEFINED BY SECTION TWO OF THE  SOCIAL  SERVICES  LAW.  IT  SHALL  NOT

 S. 7508--A                         79                         A. 9508--A
 
 CONSTITUTE A VIOLATION OF THIS SUBDIVISION IF THE PERSON WHO PLACES SUCH
 A CALL CAN AFFIRMATIVELY ESTABLISH THAT THE CALL WAS PLACED INADVERTENT-
 LY  DESPITE GOOD FAITH EFFORTS ON THE PART OF SUCH PERSON TO COMPLY WITH
 THE  PROVISIONS OF THIS SECTION AND SUCH PERSON HAS IMPLEMENTED A PROCE-
 DURE TO PREVENT SUBSEQUENT CALLS  FROM  BEING  PLACED  TO  A  PARTICULAR
 PROHIBITED TELEPHONE NUMBER.
   5. A TELEPHONE SOLICITOR SHALL NOT MAKE A CONSUMER TELEPHONE CALL TO A
 CONSUMER  UNLESS  THE TELEPHONE SOLICITOR CONFORMS WITH SUBPARAGRAPH (I)
 OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION NINE HUNDRED SIX  OF  THIS
 ARTICLE.  NOTHING  CONTAINED  HEREIN  SHALL  BE  DEEMED TO LIMIT, ANNUL,
 ALTER, OR AFFECT THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION.
   6. NO TELEPHONE SOLICITOR OR PERSON WHO PLACES ANY CONSUMER  TELEPHONE
 CALL  OR  WHO  OPERATES  AN  AUTOMATIC  TELEPHONE  DIALING SYSTEM AND NO
 EMPLOYER OF ANY SUCH TELEPHONE SOLICITOR OR PERSON  SHALL  INTENTIONALLY
 CAUSE  TO  BE  INSTALLED,  OR  SHALL INTENTIONALLY UTILIZE, ANY BLOCKING
 DEVICE OR SERVICE TO PREVENT THE NAME AND/OR TELEPHONE  NUMBER  OF  SUCH
 SOLICITOR  OR  PERSON, OR THE NAME AND/OR TELEPHONE NUMBER OF HIS OR HER
 EMPLOYER, FROM BEING DISPLAYED ON A CALLER IDENTIFICATION DEVICE OF  THE
 RECIPIENT  OF  ANY  SUCH  CONSUMER  TELEPHONE  CALL. A VIOLATION OF THIS
 SUBDIVISION SHALL BE SUBJECT TO THE PROVISIONS OF SUBDIVISION  EIGHT  OF
 THIS SECTION.
   7. A. FEDERAL, STATE OR LOCAL MUNICIPALITIES, OR ANY SUBDIVISION THER-
 EOF,  USING AN AUTOMATIC TELEPHONE DIALING SYSTEM FOR EMERGENCY PURPOSES
 SHALL BE EXEMPTED FROM THE PROVISIONS OF THIS SECTION.
   B. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS  SUBDIVISION,
 ANY  ENTITY  WHICH  OPERATES  A  TELEPHONE WARNING OR ALERT SYSTEM WHICH
 UTILIZES ANY SUCH DEVICE FOR EMERGENCY PURPOSES SHALL ALSO  BE  EXEMPTED
 FROM THE PROVISIONS OF THIS SECTION.
   8. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY  BE  MADE  BY  THE ATTORNEY-GENERAL IN THE NAME OF THE PEOPLE OF THE
 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE  AN
 INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS,
 TO  ENJOIN  AND  RESTRAIN  THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT
 SHALL APPEAR TO THE SATISFACTION OF  THE  COURT  OR  JUSTICE,  THAT  THE
 DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS  SECTION AN INJUNCTION MAY BE
 ISSUED BY SUCH COURT OR JUSTICE ENJOINING AND  RESTRAINING  ANY  FURTHER
 VIOLATION,  WITHOUT  REQUIRING  PROOF THAT ANY PERSON HAS, IN FACT, BEEN
 INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT  MAY  MAKE
 ALLOWANCES  TO  THE  ATTORNEY-GENERAL  AS  PROVIDED  IN PARAGRAPH SIX OF
 SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
 TICE LAW AND RULES, AND DIRECT RESTITUTION.  WHENEVER  THE  COURT  SHALL
 DETERMINE  THAT  A  VIOLATION  OF SUBDIVISION TWO, THREE OR FOUR OF THIS
 SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
 THAN TWO THOUSAND DOLLARS PER CALL, UP TO A TOTAL OF NOT MORE THAN TWEN-
 TY  THOUSAND DOLLARS, FOR CALLS PLACED IN VIOLATION OF SUCH SUBDIVISIONS
 WITHIN A CONTINUOUS SEVENTY-TWO HOUR PERIOD.  WHENEVER THE  COURT  SHALL
 DETERMINE  THAT  A  VIOLATION  OF SUBDIVISION FIVE OF THIS SECTION, OR A
 VIOLATION OF SUBDIVISION SIX OF THIS SECTION, HAS  OCCURRED,  THE  COURT
 MAY  IMPOSE  A  CIVIL  PENALTY OF NOT MORE THAN TWO THOUSAND DOLLARS. IN
 CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE  ATTORNEY-GENERAL  IS
 AUTHORIZED  TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS
 AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE  CIVIL  PRACTICE  LAW  AND
 RULES.
   9.  IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY-GENERAL
 PURSUANT TO THIS SECTION, ANY PERSON WHO HAS RECEIVED A  TELEPHONE  CALL
 IN VIOLATION OF SUBDIVISION TWO, THREE OR FOUR OF THIS SECTION MAY BRING

 S. 7508--A                         80                         A. 9508--A
 
 AN ACTION IN SUCH PERSON'S OWN NAME TO ENJOIN SUCH UNLAWFUL ACT OR PRAC-
 TICE,  AN ACTION TO RECOVER SUCH PERSON'S ACTUAL DAMAGES OR FIVE HUNDRED
 DOLLARS, WHICHEVER IS GREATER, OR BOTH SUCH ACTIONS. THE COURT  MAY,  IN
 ITS DISCRETION, INCREASE THE AWARD OF DAMAGES TO AN AMOUNT NOT TO EXCEED
 THREE  TIMES THE ACTUAL DAMAGES UP TO ONE THOUSAND DOLLARS, IF THE COURT
 FINDS THE DEFENDANT WILLFULLY OR KNOWINGLY VIOLATED  SUCH  SUBDIVISIONS.
 THE  COURT  MAY  AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAIN-
 TIFF. ANY DAMAGES RECOVERABLE PURSUANT TO THIS SECTION MAY BE  RECOVERED
 IN  ANY  ACTION  WHICH  A  COURT  MAY AUTHORIZE TO BE BROUGHT AS A CLASS
 ACTION PURSUANT TO ARTICLE NINE OF THE CIVIL PRACTICE LAW AND RULES.
   § 906. TELEMARKETING AND CONSUMER FRAUD AND ABUSE PREVENTION  ACT.  1.
 LEGISLATIVE FINDINGS AND DECLARATION. THE LEGISLATURE FINDS AND DECLARES
 THAT  THE  PREVENTION  OF  DECEPTIVE AND UNFAIR PRACTICES IN ASSOCIATION
 WITH TELEMARKETING IS IN THE PUBLIC INTEREST AND SUBJECT TO THE AUTHORI-
 TY OF APPROPRIATE POLITICAL SUBDIVISIONS OF THE STATE FOR THE PURPOSE OF
 PROTECTING THE PUBLIC AGAINST FRAUD, DECEPTION  AND  OTHER  ABUSES.  THE
 LEGISLATURE  INTENDS  THAT  THE FEDERAL TELEMARKETING AND CONSUMER FRAUD
 AND ABUSE PREVENTION ACT (P.L. 103-297) BE FULLY ENFORCEABLE  BY  APPRO-
 PRIATE STATE AND LOCAL ENFORCEMENT OFFICIALS.
   THE LEGISLATURE FURTHER DECLARES THAT ADDITIONAL REQUIREMENTS APPLICA-
 BLE TO THE TELEMARKETING INDUSTRY NOT PRESENT IN THE FEDERAL STATUTE ARE
 NECESSARY  TO PROTECT RESIDENTS OF THE STATE AND OTHERS FROM TELEMARKET-
 ING ABUSES. THE LEGISLATURE THEREFORE INTENDS THAT  PROVISIONS  IN  THIS
 SECTION  WHICH  DIFFER FROM THE AFOREMENTIONED FEDERAL ACT AND OTHER NEW
 YORK STATE LAWS REGULATING TELEMARKETING BE CONSTRUED  WHENEVER  REASON-
 ABLE  AS  PROVIDING  ADDITIONAL  PROTECTIONS TO VICTIMS OF TELEMARKETING
 FRAUD.
   2. REGISTRATION OF TELEMARKETERS. A. NO PERSON SHALL ACT  AS  A  TELE-
 MARKETER  WITHOUT  FIRST  HAVING  RECEIVED A CERTIFICATE OF REGISTRATION
 FROM THE SECRETARY AS PROVIDED IN THIS SECTION. EMPLOYEES OF TELEMARKET-
 ERS SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS  PARAGRAPH  AND  PARA-
 GRAPH B OF THIS SUBDIVISION.
   B.  NO  PERSON  REQUIRED  TO  REGISTER PURSUANT TO PARAGRAPH A OF THIS
 SUBDIVISION SHALL ACT AS A TELEMARKETER WITHOUT HOLDING A VALID  CERTIF-
 ICATE OF REGISTRATION FROM THE SECRETARY AS PROVIDED IN THIS SECTION.
   C.  ANY  APPLICANT SHALL FILE WITH THE DEPARTMENT AN APPLICATION FOR A
 CERTIFICATE OF REGISTRATION IN SUCH FORM AND CONTAINING SUCH INFORMATION
 AS THE SECRETARY SHALL PRESCRIBE, INCLUDING THE FOLLOWING:
   (I) THE APPLICANT'S NAME, ADDRESS AND TELEPHONE NUMBER;
   (II) EACH BUSINESS NAME  UNDER  WHICH  THE  APPLICANT  ENGAGES  IN  OR
 INTENDS  TO  ENGAGE IN TELEMARKETING, IF SUCH NAME IS DIFFERENT THAN THE
 APPLICANT'S;
   (III) THE COMPLETE STREET ADDRESS AND PRIMARY TELEPHONE NUMBER OF EACH
 LOCATION, DESIGNATING THE PRINCIPAL LOCATION, FROM WHICH  THE  APPLICANT
 ENGAGES  IN  OR  INTENDS  TO  ENGAGE  IN  TELEMARKETING,  INCLUDING EACH
 LOCATION AT WHICH MAIL WILL BE RECEIVED BY OR ON BEHALF  OF  THE  APPLI-
 CANT,  AND  IDENTIFYING  ANY  SUCH LOCATION THAT IS A POST OFFICE BOX OR
 MAIL DROP;
   (IV) THE NAME, ADDRESS AND TELEPHONE NUMBER OF EACH PRINCIPAL  OF  THE
 BUSINESS;
   (V)  WHETHER THE APPLICANT OR ANY PRINCIPAL THEREOF HAS BEEN CONVICTED
 OR PLEAD GUILTY TO OR IS BEING PROSECUTED BY INDICTMENT  OR  INFORMATION
 FOR  RACKETEERING,  VIOLATIONS OF SECURITIES LAWS, OR A THEFT OFFENSE OF
 ANY STATE, OR THE UNITED STATES;
   (VI) WHETHER ANY INJUNCTION OR JUDGMENT HAS BEEN ENTERED INTO  AGAINST
 THE  APPLICANT  OR  ANY  PRINCIPAL,  OR  SUCH APPLICANT OR PRINCIPAL HAS

 S. 7508--A                         81                         A. 9508--A
 
 ENTERED  INTO  A  SETTLEMENT  AGREEMENT,  ASSURANCE  OF  DISCONTINUANCE,
 CONSENT  DECREE  OR ANY SIMILAR INSTRUMENT IN ANY CIVIL ACTION INVOLVING
 THEFT, RACKETEERING, EMBEZZLEMENT, CONVERSION, MISAPPROPRIATION OF PROP-
 ERTY, FRAUD, OR DECEPTIVE, UNFAIR, ILLEGAL OR UNCONSCIONABLE TRADE PRAC-
 TICES, AND WHETHER ANY CIVIL ACTION INVOLVING SUCH PRACTICES IS CURRENT-
 LY  PENDING,  TO  THE  EXTENT  NOT  INCONSISTENT WITH ANY EXISTING COURT
 ORDERS; AND
   (VII) WHETHER THE LICENSE TO ENGAGE IN ANY BUSINESS, TRADE OR  PROFES-
 SION  OF  THE  APPLICANT  OR  ANY  PRINCIPAL  THEREOF  HAS BEEN REFUSED,
 SUSPENDED OR REVOKED IN ANY JURISDICTION.
   D. UPON RECEIPT OF THE  COMPLETED  APPLICATION  FOR  REGISTRATION  AND
 REQUIRED  FEE,  AND  UNLESS  SUCH  CERTIFICATE  OF REGISTRATION HAS BEEN
 DENIED AS PROVIDED IN SUBDIVISION FOUR OF THIS  SECTION,  THE  SECRETARY
 SHALL  ISSUE AND DELIVER TO THE APPLICANT A CERTIFICATE IN SUCH FORM AND
 MANNER AS THE SECRETARY SHALL PRESCRIBE, BUT WHICH MUST  SET  FORTH  THE
 APPLICANT'S NAME, BUSINESS ADDRESS, AND THE EFFECTIVE TERM OF THE REGIS-
 TRATION.   A  REGISTRATION  CERTIFICATE  ISSUED  OR  RENEWED  UNDER  THE
 PROVISIONS OF THIS SECTION SHALL ENTITLE A PERSON TO ACT AS A REGISTERED
 TELEMARKETER FOR A PERIOD OF TWO YEARS FROM THE EFFECTIVE  DATE  OF  THE
 REGISTRATION.
   E.  ANY  REGISTRATION GRANTED UNDER THIS SECTION MAY BE RENEWED BY THE
 SECRETARY UPON APPLICATION BY THE HOLDER THEREOF, IN SUCH  FORM  AS  THE
 SECRETARY  MAY  PRESCRIBE.  THE  SECRETARY  SHALL  HAVE THE AUTHORITY TO
 ASSIGN STAGGERED EXPIRATION DATES FOR LICENSES AT THE TIME  OF  RENEWAL.
 IF  THE  ASSIGNED  DATE  RESULTS  IN  A TERM THAT EXCEEDS TWO YEARS, THE
 APPLICANT SHALL PAY AN ADDITIONAL PRO-RATA ADJUSTMENT TOGETHER WITH  THE
 FEE PRESCRIBED IN PARAGRAPH F OF THIS SUBDIVISION.
   F.  EACH APPLICATION FOR A CERTIFICATE OF REGISTRATION SHALL BE ACCOM-
 PANIED BY A FEE OF FIVE HUNDRED DOLLARS, WHICH SHALL NOT BE REFUNDABLE.
   G. THE FEES COLLECTED PURSUANT TO THIS SUBDIVISION SHALL BE  DEPOSITED
 TO THE CREDIT OF THE BUSINESS AND LICENSING SERVICES ACCOUNT ESTABLISHED
 PURSUANT  TO  THE  PROVISIONS  OF  SECTION  NINETY-SEVEN-Y  OF THE STATE
 FINANCE LAW.
   H. ANY PERSON HOLDING A CERTIFICATE OF REGISTRATION SHALL BE  REQUIRED
 TO  PROVIDE  NOTICE  OF ANY CHANGE IN THE INFORMATION REQUIRED OF APPLI-
 CANTS BY THIS SECTION, IN SUCH FORM AND MANNER,  AND  WITHIN  SUCH  TIME
 PERIOD AS THE SECRETARY SHALL PRESCRIBE.
   I. NO PERSON REQUIRED TO BE REGISTERED UNDER THIS SUBDIVISION SHALL BE
 ENTITLED TO ENFORCE ANY AGREEMENT OR SEEK ANY CONSIDERATION OR ANY OTHER
 PAYMENT FOR GOODS AND SERVICES OFFERED THROUGH TELEMARKETING UNLESS SUCH
 PERSON  IS  IN  COMPLIANCE WITH THIS SUBDIVISION AND SUBDIVISION FOUR OF
 THIS SECTION.
   J. THE SECRETARY MAY PRESCRIBE RULES  AND  REGULATIONS  TO  ADMINISTER
 THIS SUBDIVISION AND SUBDIVISION FOUR OF THIS SECTION.
   3.  BONDING  OF  TELEMARKETERS. A. ANY APPLICANT SHALL, AT THE TIME OF
 ANY ORIGINAL APPLICATION FOR A CERTIFICATE OF  REGISTRATION,  FILE  WITH
 THE  SECRETARY, IN THE FORM AND AMOUNT AS PRESCRIBED IN THIS SUBDIVISION
 AND SATISFACTORY TO THE SECRETARY:
   (I) A BOND WITH A CORPORATE SURETY, FROM A COMPANY  AUTHORIZED  TO  DO
 BUSINESS IN THIS STATE; OR
   (II)  AN IRREVOCABLE LETTER OF CREDIT OR A CERTIFICATE OF DEPOSIT FROM
 A NEW YORK STATE OR FEDERALLY CHARTERED  BANK,  TRUST  COMPANY,  SAVINGS
 BANK  OR  SAVINGS  AND  LOAN ASSOCIATION QUALIFIED TO DO BUSINESS IN NEW
 YORK STATE AND INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION.
   B. SUCH BOND, LETTER OF CREDIT, OR CERTIFICATE  OF  DEPOSIT  SHALL  BE
 MAINTAINED  FOR  THREE YEARS FROM THE DATE THE TELEMARKETER CEASES TELE-

 S. 7508--A                         82                         A. 9508--A
 
 MARKETING, OR THREE YEARS FROM THE DATE THE CERTIFICATE OF  REGISTRATION
 TERMINATES, WHICHEVER IS EARLIER.
   C.  THE PRINCIPAL SUM OF THE BOND, LETTER OF CREDIT, OR CERTIFICATE OF
 DEPOSIT SHALL BE TWENTY-FIVE THOUSAND DOLLARS, WHICH SHALL BE MAINTAINED
 UNTIL THE PERIOD SPECIFIED IN PARAGRAPH B OF THIS  SUBDIVISION,  SUBJECT
 TO PARAGRAPH G OF THIS SUBDIVISION.
   D. THE BOND, LETTER OF CREDIT OR CERTIFICATE OF DEPOSIT SHALL BE PAYA-
 BLE  IN  FAVOR OF THE PEOPLE OF THE STATE OF NEW YORK FOR THE BENEFIT OF
 ANY CUSTOMER INJURED AS A RESULT OF A VIOLATION OF THIS SECTION,  PURSU-
 ANT  TO  A DETERMINATION OF ANY COURT OF COMPETENT JURISDICTION PURSUANT
 TO THIS SECTION, OR ARTICLE TEN-B OF THE PERSONAL PROPERTY LAW.
   E. THE AGGREGATE LIABILITY OF THE SURETY UPON THE BOND OR THE  BANKING
 ORGANIZATION  UPON THE LETTER OF CREDIT OR CERTIFICATE OF DEPOSIT TO ALL
 PERSONS FOR ALL BREACHES OF THE CONDITIONS OF THE BOND SHALL IN NO EVENT
 EXCEED THE AMOUNT OF THE BOND, LETTER OF CREDIT OR CERTIFICATE OF DEPOS-
 IT.
   F. THE BOND, LETTER OF CREDIT OR CERTIFICATE OF DEPOSIT SHALL  NOT  BE
 CANCELED,  REVOKED, DIMINISHED OR TERMINATED EXCEPT AFTER NOTICE TO, AND
 WITH THE CONSENT OF, THE SECRETARY AT LEAST FORTY-FIVE DAYS  IN  ADVANCE
 OF  SUCH  CANCELLATION,  REVOCATION,  OR TERMINATION. UNLESS THE BOND IS
 REPLACED BY ANOTHER BOND, LETTER OF CREDIT OR CERTIFICATE OF DEPOSIT  IN
 CONFORMITY  WITH  THIS SUBDIVISION PRIOR TO THE EXPIRATION OF THE FORTY-
 FIVE DAY PERIOD, THE REGISTRATION OF THE TELEMARKETER SHALL  BE  TREATED
 AS  TERMINATED  AS OF THE CANCELLATION, REVOCATION OR TERMINATION OF THE
 BOND.
   G. THE REGISTRATION OF THE TELEMARKETER SHALL BE TREATED AS TERMINATED
 AS OF THE DATE THE AMOUNT OF THE BOND, LETTER OF CREDIT  OR  CERTIFICATE
 OF DEPOSIT FALLS BELOW THE AMOUNT REQUIRED BY THIS SUBDIVISION.
   H. ANY CHANGE IN OWNERSHIP OF A TELEMARKETER SHALL NOT RELEASE, CANCEL
 OR  TERMINATE LIABILITY UNDER THIS SUBDIVISION UNDER ANY BOND, LETTER OF
 CREDIT, OR CERTIFICATE OF DEPOSIT FILED FOR ANY TELEMARKETER AS  TO  ANY
 CUSTOMER  WHO  WAS INJURED AS A RESULT OF A VIOLATION OF THIS SECTION OR
 ARTICLE TEN-B OF THE PERSONAL PROPERTY LAW WHILE SUCH  BOND,  LETTER  OF
 CREDIT  OR  CERTIFICATE OF DEPOSIT WAS IN EFFECT UNLESS SUCH TRANSFEREE,
 PURCHASER, SUCCESSOR OR ASSIGNEE OF SUCH TELEMARKETER  OBTAINS  A  BOND,
 LETTER  OF  CREDIT  OR CERTIFICATE OF DEPOSIT UNDER THIS SUBDIVISION FOR
 THE BENEFIT OF  SUCH  CUSTOMER.  NOTHING  IN  THIS  PARAGRAPH  SHALL  BE
 CONSTRUED  TO  AUTHORIZE  ANY TELEMARKETER TO CANCEL ANY BOND, LETTER OF
 CREDIT, OR CERTIFICATE OF DEPOSIT WHERE SUCH CANCELLATION IS NOT  OTHER-
 WISE AUTHORIZED BY THIS SUBDIVISION.
   4.  REFUSAL  TO  ISSUE, SUSPENSION, AND REVOCATION OF REGISTRATION. A.
 THE SECRETARY, OR ANY PERSON DEPUTIZED OR SO DESIGNATED BY  HIM  OR  HER
 MAY  DENY  THE  APPLICATION OF ANY PERSON FOR A CERTIFICATE OF REGISTRA-
 TION, REFUSE TO ISSUE A RENEWAL THEREOF, SUSPEND OR REVOKE SUCH  CERTIF-
 ICATE  OR  IN  LIEU  THEREOF  ASSESS  A  FINE NOT TO EXCEED ONE THOUSAND
 DOLLARS PER VIOLATION, IF HE OR SHE DETERMINES THAT SUCH  APPLICANT,  OR
 ANY OF ITS PRINCIPALS:
   (I)  HAS MADE A MATERIAL FALSE STATEMENT OR OMITTED A MATERIAL FACT IN
 CONNECTION WITH AN APPLICATION UNDER THIS SECTION;
   (II) WAS THE FORMER HOLDER OF A  CERTIFICATE  OF  REGISTRATION  ISSUED
 HEREUNDER WHICH THE SECRETARY REVOKED, SUSPENDED, OR REFUSED TO RENEW;
   (III)  HAS  FAILED TO FURNISH SATISFACTORY EVIDENCE OF GOOD CHARACTER,
 REPUTATION AND FITNESS;
   (IV) WITH RESPECT TO THE APPLICANT, IS NOT THE TRUE OWNER OF THE TELE-
 MARKETER, EXCEPT IN THE CASE OF A FRANCHISE;

 S. 7508--A                         83                         A. 9508--A

   (V) IS IN VIOLATION OF OR HAS VIOLATED ANY OF THE  FOLLOWING  STATUTES
 AND  THE  REGULATIONS  THEREUNDER,  AS SUCH STATUTES AND REGULATIONS MAY
 FROM TIME TO TIME BE AMENDED:
   (A) THIS SECTION;
   (B) ARTICLE TEN-B OF THE PERSONAL PROPERTY LAW;
   (C) THE ACT OF CONGRESS ENTITLED THE "TELEMARKETING AND CONSUMER FRAUD
 AND ABUSE PREVENTION ACT" (P.L. 103-297);
   (VI)  HAS  BEEN CONVICTED OR PLEAD GUILTY TO OR IS BEING PROSECUTED BY
 INDICTMENT OR INFORMATION FOR  RACKETEERING,  VIOLATIONS  OF  SECURITIES
 LAWS, OR A THEFT OFFENSE OF THIS STATE, OR THE UNITED STATES;
   (VII) HAS HAD ANY INJUNCTION OR JUDGMENT ENTERED AGAINST HIM OR HER IN
 ANY  CIVIL  ACTION,  OR  SUCH  APPLICANT OR PRINCIPAL HAS ENTERED INTO A
 SETTLEMENT AGREEMENT, ASSURANCE OF DISCONTINUANCE, CONSENT DECREE OR ANY
 SIMILAR INSTRUMENT INVOLVING THEFT, RACKETEERING, EMBEZZLEMENT,  CONVER-
 SION,  MISAPPROPRIATION OF PROPERTY, FRAUD OR DECEPTIVE, UNFAIR, ILLEGAL
 OR UNCONSCIONABLE TRADE PRACTICES;
   (VIII) HAS HAD A LICENSE OR REGISTRATION TO ENGAGE  IN  ANY  BUSINESS,
 OCCUPATION  OR PROFESSION SUSPENDED OR REVOKED IN ANY JURISDICTION WHICH
 MAY IMPACT UPON THE APPLICANT'S  FITNESS  FOR  REGISTRATION  UNDER  THIS
 SECTION; OR
   (IX)  HAS  COMMITTED,  OR  IS COMMITTING DECEPTIVE, UNFAIR, ILLEGAL OR
 UNCONSCIONABLE TRADE PRACTICES IN VIOLATION OF THE LAWS OF THIS  OR  ANY
 OTHER STATE OR THE UNITED STATES.
   B.  ANY  PROCEEDING CONDUCTED PURSUANT TO PARAGRAPH A OF THIS SUBDIVI-
 SION SHALL BE SUBJECT TO THE STATE ADMINISTRATIVE PROCEDURE ACT.
   5. DECEPTIVE TELEMARKETING ACTS AND PRACTICES. A. IT SHALL BE UNLAWFUL
 FOR ANY TELEMARKETER TO DIRECTLY OR INDIRECTLY ENGAGE IN  THE  FOLLOWING
 CONDUCT:
   (I)  FAIL  TO FURNISH A COPY OF THE CERTIFICATE OF REGISTRATION AT THE
 REQUEST OF ANY INTERESTED PARTY;
   (II) PRESENT OR ATTEMPT TO PRESENT, AS  THEIR  OWN,  THE  REGISTRATION
 CERTIFICATE OF ANOTHER;
   (III) GIVE FALSE OR MISLEADING INFORMATION;
   (IV) MISREPRESENT HIMSELF OR HERSELF TO BE REGISTERED;
   (V)  USE  OR  ATTEMPT TO USE A REGISTRATION CERTIFICATE WHICH HAS BEEN
 REVOKED, SUSPENDED OR IS OTHERWISE NOT VALID;
   (VI) ADVERTISE TELEMARKETING SERVICES WITHOUT HAVING A  VALID  CERTIF-
 ICATE OF REGISTRATION UNDER THIS SECTION;
   (VII) REPRESENT IN ANY MANNER THAT HIS OR HER REGISTRATION CONSTITUTES
 APPROVAL OR ENDORSEMENT OF ANY GOVERNMENTAL AGENCY;
   (VIII) ASSIST OR SUPPORT ANY PERSON WHEN THE TELEMARKETER OR ANY IDEN-
 TIFIED EMPLOYEE KNEW OR SHOULD HAVE KNOWN THAT THE PERSON WAS ENGAGED IN
 AN  ACT OR PRACTICE IN VIOLATION OF THIS SECTION OR ARTICLE TEN-B OF THE
 PERSONAL PROPERTY LAW;
   (IX) REQUEST A FEE IN ADVANCE TO REMOVE ADVERSE INFORMATION OR  MODIFY
 ADVERSE  INFORMATION  TO  IMPROVE  A  PERSON'S  CREDIT HISTORY OR CREDIT
 RECORD;
   (X) EXCEPT FOR AN ATTORNEY ENGAGED IN THE PRACTICE OF LAW, REQUEST  OR
 RECEIVE  PAYMENT IN ADVANCE FROM A PERSON TO RECOVER OR OTHERWISE AID IN
 THE RETURN OF MONEY OR ANY OTHER ITEM LOST BY THE CUSTOMER  IN  A  PRIOR
 TELEMARKETING TRANSACTION;
   (XI)  OBTAIN  OR  SUBMIT  FOR PAYMENT A CHECK, DRAFT, OR OTHER FORM OF
 NEGOTIABLE PAPER DRAWN ON A PERSON'S CHECKING, SAVINGS, SHARE, OR  SIMI-
 LAR ACCOUNT, WITHOUT THAT PERSON'S EXPRESS WRITTEN AUTHORIZATION;
   (XII)  PROCURE  THE  SERVICES OF ANY PROFESSIONAL DELIVERY, COURIER OR
 OTHER PICKUP SERVICE TO OBTAIN RECEIPT OR  POSSESSION  OF  A  CUSTOMER'S

 S. 7508--A                         84                         A. 9508--A

 PAYMENT,  UNLESS THE GOODS OR SERVICES ARE DELIVERED WITH THE REASONABLE
 OPPORTUNITY TO INSPECT BEFORE ANY PAYMENT IS COLLECTED; OR
   (XIII)  MISREPRESENT,  DIRECTLY OR BY IMPLICATION, THAT A PREMIUM IS A
 PRIZE.
   B. TELEMARKETERS SHALL PROVIDE ALL OF THE FOLLOWING INFORMATION, IN  A
 CLEAR AND COHERENT MANNER USING WORDS WITH COMMON AND EVERYDAY MEANINGS,
 WHEN MAKING A TELEMARKETING CALL:
   (I) AT THE BEGINNING OF THE CALL AND PRIOR TO ANY REQUEST BY THE CALL-
 ER OF THE CUSTOMER TO RELEASE OR DISCLOSE ANY OF THE CUSTOMER'S PERSONAL
 OR  FINANCIAL  INFORMATION, INCLUDING BUT NOT LIMITED, TO THE CUSTOMER'S
 NAME, ADDRESS, CREDIT CARD, CHECKING ACCOUNT OR OTHER FINANCIAL  ACCOUNT
 NUMBER OR INFORMATION:
   (A)  THAT  THE  PURPOSE  OF  THE  TELEPHONE  CALL IS TO OFFER GOODS OR
 SERVICES FOR WHICH A FEE WILL BE CHARGED OR  TO  PROVIDE  AN  INVESTMENT
 OPPORTUNITY, WHICHEVER IS THE CASE;
   (B)  THE TELEMARKETER'S NAME AND THE PERSON ON WHOSE BEHALF THE SOLIC-
 ITATION IS BEING MADE IF OTHER THAN THE TELEMARKETER;
   (C) THE IDENTITY OF THE GOODS OR SERVICES FOR  WHICH  A  FEE  WILL  BE
 CHARGED; AND
   (D) WHETHER THE CALL IS BEING RECORDED.
   (II)  THE  COST  OF  THE GOODS OR SERVICES THAT ARE THE SUBJECT OF THE
 CALL.
   (III) IN ANY PRIZE PROMOTION, THE ODDS OF BEING ABLE  TO  RECEIVE  THE
 PRIZE,  AND  IF THE ODDS ARE NOT CALCULABLE IN ADVANCE, THE FACTORS USED
 IN CALCULATING THE ODDS; THAT NO PURCHASE OR PAYMENT IS REQUIRED TO  WIN
 A  PRIZE  OR TO PARTICIPATE IN A PRIZE PROMOTION; AND THE NO PURCHASE/NO
 PAYMENT METHOD OF PARTICIPATING  IN  THE  PRIZE  PROMOTION  WITH  EITHER
 INSTRUCTIONS  ON  HOW TO PARTICIPATE OR AN ADDRESS OR LOCAL OR TOLL-FREE
 TELEPHONE NUMBER TO WHICH CUSTOMERS MAY WRITE OR CALL FOR INFORMATION ON
 HOW TO PARTICIPATE; AND ALL MATERIAL COSTS OR CONDITIONS TO  RECEIVE  OR
 REDEEM A PRIZE THAT IS THE SUBJECT OF THE PRIZE PROMOTION.
   6.  ABUSIVE  TELEMARKETING ACTS OR PRACTICES. IT SHALL BE UNLAWFUL FOR
 ANY TELEMARKETER TO:
   A. THREATEN, INTIMIDATE OR USE PROFANE OR OBSCENE LANGUAGE;
   B. ENGAGE IN CONDUCT OR BEHAVIOR A REASONABLE PERSON WOULD DEEM TO  BE
 ABUSIVE OR HARASSING;
   C.  INITIATE  A  TELEMARKETING  CALL TO A PERSON, WHEN THAT PERSON HAS
 STATED PREVIOUSLY THAT HE OR SHE DOES NOT WISH TO  RECEIVE  SOLICITATION
 CALLS  FROM  THAT  TELEMARKETER  PROVIDED,  HOWEVER THAT NOTHING IN THIS
 SECTION SHALL BE CONSTRUED TO PROHIBIT A TELEMARKETER FROM TELEMARKETING
 GOODS, SERVICES OR INVESTMENT  OPPORTUNITIES  TO  ANY  CUSTOMER  OF  ANY
 AFFILIATE, SUBSIDIARY OR PARENT OF SUCH TELEMARKETER;
   D.  ENGAGE  IN TELEMARKETING TO A PERSON'S RESIDENCE AT ANY TIME OTHER
 THAN BETWEEN 8:00 A.M.  AND 9:00 P.M. LOCAL TIME, AT THE CALLED PERSON'S
 LOCATION; OR
   E. MAKE A FALSE, DECEPTIVE OR MISLEADING STATEMENT IN  REGARD  TO  THE
 REQUIREMENTS  OF  SUBDIVISION  FIVE OF THIS SECTION TO A CUSTOMER, OR TO
 ENGAGE IN ANY DECEPTIVE OR UNFAIR ACT OR PRACTICE  IN  ASSOCIATION  WITH
 TELEMARKETING.
   F.  MAKE  AN  UNSOLICITED  TELEMARKETING SALES CALL TO ANY PERSON IN A
 COUNTY, CITY, TOWN OR VILLAGE KNOWINGLY UNDER A DECLARED STATE OF  EMER-
 GENCY OR DISASTER EMERGENCY AS DESCRIBED IN SECTION TWENTY-FOUR OR TWEN-
 TY-EIGHT OF THE EXECUTIVE LAW.
   7. UNLAWFUL TRANSMISSION OF CERTAIN CALLER IDENTIFICATION INFORMATION.
 IT  SHALL  BE UNLAWFUL FOR ANY TELEMARKETER OR SELLER TO KNOWINGLY CAUSE
 ANY VOICE SERVICE PROVIDING CALLER IDENTIFICATION  SERVICE  TO  TRANSMIT

 S. 7508--A                         85                         A. 9508--A

 MISLEADING,  INACCURATE,  OR  FALSE  CALLER  IDENTIFICATION INFORMATION,
 PROVIDED THAT IT SHALL NOT BE A VIOLATION TO SUBSTITUTE  (FOR  THE  NAME
 AND  PHONE  NUMBER  USED IN, OR BILLED FOR, MAKING THE CALL) THE NAME OR
 TELEPHONE  NUMBER  OF THE PERSON OR SELLER ON BEHALF OF WHICH A TELEMAR-
 KETING CALL IS PLACED.
   8. RECORDKEEPING REQUIREMENTS. A. ALL TELEMARKETERS SHALL KEEP  FOR  A
 PERIOD  OF  TWENTY-FOUR  MONTHS  FROM  THE  DATE  THE RECORD IS PRODUCED
 RECORDS OF ALL FINANCIAL TRANSACTIONS, WRITTEN NOTICES, DISCLOSURES  AND
 ACKNOWLEDGMENTS, INCLUDING BUT NOT LIMITED TO:
   (I)  RECORDS OF CALLS RESULTING IN A PROMISE BY THE CUSTOMER TO PAY OR
 OTHERWISE EXCHANGE CONSIDERATION FOR GOODS AND SERVICES,  INCLUDING  BUT
 NOT  LIMITED  TO  THE  NAME AND LAST KNOWN ADDRESS OF EACH CUSTOMER, THE
 GOODS OR SERVICES SELECTED, THE DATE SUCH GOODS WERE SHIPPED OR PROVIDED
 AND THE QUANTITY PROVIDED, THE AMOUNT CHARGED BY  THE  COMPANY  FOR  THE
 GOODS  OR SERVICES PROVIDED, INCLUDING ALL OTHER RELATED FEES OR CHARGES
 OF ANY KIND, INCLUDING SHIPPING AND HANDLING FEES, AND THE AMOUNT  ACTU-
 ALLY PAID BY THE CUSTOMER FOR THE GOODS AND SERVICES PROVIDED;
   (II)  THE  NAME AND LAST KNOWN ADDRESS OF EACH PRIZE RECIPIENT AND THE
 PRIZE AWARDED HAVING A VALUE OF TWENTY-FIVE DOLLARS OR MORE; AND
   (III) THE NAME, ANY FICTITIOUS NAME USED, THE LAST KNOWN HOME  ADDRESS
 AND  TELEPHONE  NUMBER,  AND  THE  JOB  TITLE FOR ALL CURRENT AND FORMER
 EMPLOYEES DIRECTLY INVOLVED IN TELEPHONE SALES; PROVIDED, HOWEVER,  THAT
 IF  THE  TELEMARKETER  PERMITS FICTITIOUS NAMES TO BE USED BY EMPLOYEES,
 EACH FICTITIOUS NAME MUST BE TRACEABLE TO ONLY ONE SPECIFIC EMPLOYEE.
   B. A TELEMARKETER MAY KEEP THE RECORDS REQUIRED BY PARAGRAPH A OF THIS
 SUBDIVISION IN ANY FORM, AND IN THE MANNER, FORMAT,  OR  PLACE  AS  THEY
 KEEP SUCH RECORDS IN THE ORDINARY COURSE OF BUSINESS.
   C.   IN   THE   EVENT   OF  ANY  DISSOLUTION  OR  TERMINATION  OF  THE
 TELEMARKETER'S BUSINESS, A  REPRESENTATIVE  OF  THE  TELEMARKETER  SHALL
 MAINTAIN  ALL RECORDS AS REQUIRED UNDER THIS SUBDIVISION, WHICH SHALL BE
 THE PERSON REQUIRED TO MAINTAIN SUCH RECORDS IN THE EVENT OF DISSOLUTION
 OR TERMINATION UNDER RULES AND  REGULATIONS  ISSUED  UNDER  THE  ACT  OF
 CONGRESS  ENTITLED  THE  "TELEMARKETING  AND  CONSUMER  FRAUD  AND ABUSE
 PREVENTION ACT" (P.L. 103-297), OR ANY PERSON DESIGNATED  BY  THE  TELE-
 MARKETER. IN THE EVENT OF ANY SALE, ASSIGNMENT OR OTHER CHANGE OF OWNER-
 SHIP  OF  THE  TELEMARKETER'S  BUSINESS, THE SUCCESSOR OR ASSIGNEE SHALL
 MAINTAIN ALL RECORDS REQUIRED BY THIS SUBDIVISION. IN ANY CASE IN  WHICH
 THIS  PARAGRAPH  APPLIES,  THE  TELEMARKETER SHALL PROVIDE NOTICE TO THE
 SECRETARY, IN THE FORM AND MANNER DESIGNATED BY  THE  SECRETARY  OF  THE
 DISPOSITION  OF  SUCH  RECORDS  WITHIN  THIRTY  DAYS OF THE DISSOLUTION,
 TERMINATION, SALE, ASSIGNMENT OR CHANGE OF OWNERSHIP.
   9. WAIVER. ANY WAIVER OF THE PROVISIONS OF THIS SECTION BY ANY CUSTOM-
 ER SHALL BE UNENFORCEABLE AND VOID.
   10. EXEMPTIONS. A. THE FOLLOWING PERSONS  SHALL  BE  EXEMPT  FROM  THE
 REGISTRATION  AND BONDING REQUIREMENTS SET FORTH IN SUBDIVISIONS TWO AND
 THREE OF THIS SECTION:
   (I) THE STATE, MUNICIPALITIES OF THE STATE, OR ANY DEPARTMENT OR DIVI-
 SION OF THE STATE OR SUCH MUNICIPALITIES;
   (II) THE UNITED STATES OR ANY OF ITS DEPARTMENTS,  AGENCIES  OR  DIVI-
 SIONS;
   (III)  COLLEGES, UNIVERSITIES AND OTHER INSTITUTIONS AUTHORIZED BY THE
 REGENTS OF THE UNIVERSITY OF THE STATE OF NEW YORK OR COMPARABLE BODY IN
 ANY OTHER STATE OR JURISDICTION, TO GRANT  DEGREES,  INCLUDING  LICENSED
 PRIVATE SCHOOLS AND ANY REGISTERED BUSINESS SCHOOLS REGULATED BY ARTICLE
 ONE HUNDRED ONE OF THE EDUCATION LAW;

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   (IV)  A  PERSON,  WHICH  HAS BEEN OPERATING FOR AT LEAST THREE YEARS A
 RETAIL BUSINESS ESTABLISHMENT IN THIS STATE UNDER THE SAME NAME AS  THAT
 USED  IN  CONNECTION WITH TELEMARKETING, AND BOTH OF THE FOLLOWING OCCUR
 ON A CONTINUING BASIS:
   (A) EITHER PRODUCTS ARE DISPLAYED AND OFFERED FOR SALE OR SERVICES ARE
 OFFERED FOR SALE AND PROVIDED AT THE BUSINESS ESTABLISHMENT; AND
   (B)  A  MAJORITY  OF  THE PERSON'S BUSINESS INVOLVES BUYERS' OBTAINING
 SUCH PRODUCTS OR SERVICES AT THE PERSON'S LOCATION;
   (V) ANY NOT-FOR-PROFIT CORPORATION AS DEFINED IN SECTION  ONE  HUNDRED
 TWO OF THE NOT-FOR-PROFIT CORPORATION LAW AND CHARITABLE ORGANIZATIONS.
   B. THE FOLLOWING ACTS OR PRACTICES ARE EXEMPT FROM THE REQUIREMENTS OF
 THIS SECTION:
   (I)  TELEPHONE  CALLS  MADE  BY  A  TELEMARKETER, COLLECTION AGENCY OR
 ATTORNEY ENGAGED IN THE PRACTICE OF LAW FOR  THE  EXCLUSIVE  PURPOSE  OF
 COLLECTING  A  LEGAL  DEBT  OWED,  IN  ACCORDANCE  WITH  THE  APPLICABLE
 PROVISIONS OF THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT (15  U.S.C.
 § 1692 ET. SEQ.);
   (II)  TELEPHONE  CALLS IN WHICH THE SALE, LEASE OR OTHER AGREEMENT FOR
 GOODS OR SERVICES IS NOT COMPLETED,  AND  PAYMENT  OR  AUTHORIZATION  OF
 PAYMENT  IS  NOT REQUIRED, UNTIL AFTER A FACE-TO-FACE SALES PRESENTATION
 BY A TELEMARKETER, OR A MEETING BETWEEN A TELEMARKETER AND CUSTOMER;
   (III) TELEPHONE CALLS THAT ARE RECEIVED BY A TELEMARKETER INITIATED BY
 A CUSTOMER THAT ARE NOT THE RESULT OF ANY SOLICITATION BY SUCH TELEMARK-
 ETER; AND
   (IV) TELEPHONE CALLS BETWEEN A TELEMARKETER AND ANY  FOR-PROFIT  BUSI-
 NESS,  EXCEPT  CALLS  INVOLVING  THE RETAIL SALE OF NONDURABLE OFFICE OR
 CLEANING SUPPLIES.
   C. THE FOLLOWING ACTS OR PRACTICES ARE EXEMPT FROM THE REQUIREMENTS OF
 PARAGRAPH B OF SUBDIVISION FIVE OF THIS SECTION:
   (I) TELEPHONE CALLS PERTAINING TO A  RENEWAL  OR  CONTINUATION  OF  AN
 EXISTING  OR  PRIOR  CONTRACTUAL  RELATIONSHIP OR THE CONTINUATION OF AN
 ESTABLISHED BUSINESS RELATIONSHIP BETWEEN A CUSTOMER AND ANY TELEMARKET-
 ER, PROVIDED THAT THE TELEMARKETER DISCLOSES ANY MATERIAL CHANGES IN THE
 TERMS AND CONDITIONS OF THE PRIOR CONTRACT, EXCEPT FOR CALLS MADE  BY  A
 TELEMARKETER  IN  WHICH  THE  TELEMARKETER  OR ANY OF ITS PRINCIPALS HAS
 PREVIOUSLY ENGAGED IN ANY ACT OR  PRACTICE  DESCRIBED  IN  SUBPARAGRAPHS
 (I),  (II),  (V),  (VI),  (VII) AND (VIII) OF PARAGRAPH A OF SUBDIVISION
 FOUR OF THIS SECTION; AND
   (II) UNSOLICITED TELEPHONE CALLS MADE  BY  THE  TELEMARKETER  FOR  THE
 PURPOSE  OF  OVERALL  EFFORTS TO DEVELOP NEW BUSINESS THAT INCLUDE OTHER
 METHODS AND TECHNIQUES INTENDED TO IDENTIFY AND COMMUNICATE WITH  POTEN-
 TIAL  CUSTOMERS  PROVIDED  HOWEVER  THAT  FOR ALL TRANSACTIONS WHICH ARE
 INCIDENTAL TO THE CALL AND RESULT IN THE EXCHANGE OF GOODS AND  SERVICES
 THE TELEMARKETER SHALL DISCLOSE THE FOLLOWING INFORMATION:
   (A)  THE TELEMARKETER'S NAME AND THE PERSON ON WHOSE BEHALF THE SOLIC-
 ITATION IS BEING MADE IF OTHER THAN THE TELEMARKETER;
   (B) THE IDENTITY OF THE GOODS OR SERVICES FOR  WHICH  A  FEE  WILL  BE
 CHARGED; AND
   (C)  THE  COST  OF  THE  GOODS OR SERVICES THAT ARE THE SUBJECT OF THE
 CALL.
   11. FEE AND BONDING EXEMPTIONS. THE FOLLOWING PERSONS ARE EXEMPT  FROM
 THE FEE AND BONDING REQUIREMENTS SET FORTH IN PARAGRAPH F OF SUBDIVISION
 TWO  AND  SUBDIVISION THREE OF THIS SECTION: A PERSON ENGAGED IN A BUSI-
 NESS OR OCCUPATION WHICH IS LICENSED, REGISTERED,  CHARTERED,  CERTIFIED
 OR INCORPORATED WITH OR BY ANY STATE OR FEDERAL AGENCY. PROVIDED, HOWEV-
 ER,  ANY PERSON NOT LICENSED, REGISTERED, CHARTERED, CERTIFIED OR INCOR-

 S. 7508--A                         87                         A. 9508--A
 
 PORATED WITH ANY NEW YORK STATE OR FEDERAL AGENCY, SHALL SUBMIT EVIDENCE
 TO THE SECRETARY OF STATE, IN A FORM AND MANNER TO BE PRESCRIBED BY  THE
 SECRETARY,  OF  ANY  LICENSE,  REGISTRATION,  CHARTER,  CERTIFICATION OR
 INCORPORATION  ISSUED BY AN AGENCY OR GOVERNMENTAL ENTITY IN THIS OR ANY
 OTHER STATE.
   12. ENFORCEMENT. A. EVERY VIOLATION OF THIS SECTION SHALL BE DEEMED  A
 DECEPTIVE  ACT AND PRACTICE SUBJECT TO ENFORCEMENT UNDER ARTICLE TWENTY-
 TWO-A OF THIS CHAPTER. IN ADDITION, THE DISTRICT ATTORNEY, COUNTY ATTOR-
 NEY, AND THE CORPORATION COUNSEL SHALL HAVE CONCURRENT AUTHORITY TO SEEK
 THE RELIEF IN PARAGRAPH B OF THIS SUBDIVISION, AND ALL  CIVIL  PENALTIES
 OBTAINED  IN  ANY  SUCH  ACTION SHALL BE RETAINED BY THE MUNICIPALITY OR
 COUNTY.
   B. IN EVERY CASE WHERE THE COURT SHALL DETERMINE THAT A  VIOLATION  OF
 THIS  SECTION  HAS  OCCURRED,  IT MAY IMPOSE A CIVIL PENALTY OF NOT LESS
 THAN ONE THOUSAND DOLLARS NOR MORE THAN TWO THOUSAND  DOLLARS  FOR  EACH
 VIOLATION  PROVIDED  THAT  FOR  A VIOLATION OF SUBDIVISION SEVEN OF THIS
 SECTION, THE COURT MAY IMPOSE A CIVIL PENALTY  OF  NOT  LESS  THAN  FIVE
 THOUSAND  DOLLARS NOR MORE THAN TEN THOUSAND DOLLARS FOR EACH VIOLATION.
 SUCH PENALTY SHALL BE IN ADDITION  TO  THE  DENIAL  OF  REGISTRATION  OR
 RENEWAL,  SUSPENSION  OF  REGISTRATION  OR REVOCATION OF REGISTRATION OR
 ASSESSMENT OF A FINE AUTHORIZED BY SUBDIVISION FOUR OF THIS SECTION.
   C. ANY PERSON WHO CONTRACTS  WITH  A  TELEMARKETER  FOR  TELEMARKETING
 SERVICES  AND  HAS  ACTUAL  KNOWLEDGE THAT THE TELEMARKETER IS ACTING IN
 VIOLATION OF THIS SECTION SHALL BE DEEMED TO BE  IN  VIOLATION  OF  THIS
 SECTION,  UNLESS  SUCH  PERSON  TAKES REASONABLE MEASURES TO PREVENT AND
 CORRECT ANY CONDUCT THAT VIOLATES THIS SECTION.
   D. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO  RESTRICT  ANY  RIGHT
 WHICH ANY PERSON MAY HAVE UNDER ANY OTHER STATUTE OR THE COMMON LAW.
   13.  CRIMINAL  PENALTIES.  ANY  PERSON  WHO  IS CONVICTED OF KNOWINGLY
 VIOLATING PARAGRAPH A OR B  OF  SUBDIVISION  TWO  OF  THIS  SECTION,  OR
 SUBPARAGRAPH (II), (III), (IV) OR (V) OF PARAGRAPH A OF SUBDIVISION FIVE
 OF THIS SECTION SHALL BE GUILTY OF A CLASS B MISDEMEANOR. ANY PERSON WHO
 IS  CONVICTED OF KNOWINGLY VIOLATING SUBPARAGRAPH (XI) OR (XII) OF PARA-
 GRAPH A OF SUBDIVISION FIVE OF THIS SECTION SHALL BE GUILTY OF A CLASS A
 MISDEMEANOR.
   14. SEPARABILITY CLAUSE; CONSTRUCTION. IF ANY  PART  OR  PROVISION  OF
 THIS  SECTION  OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCES
 BE ADJUDGED INVALID BY ANY COURT OF COMPETENT JURISDICTION,  SUCH  JUDG-
 MENT  SHALL  BE  CONFINED  IN  ITS  OPERATIONS TO THE PART, PROVISION OR
 APPLICATION DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH  JUDGMENT
 SHALL  HAVE BEEN RENDERED AND SHALL NOT AFFECT OR IMPAIR THE VALIDITY OF
 THE REMAINDER OF THIS  SECTION  OR  THE  APPLICATION  THEREOF  TO  OTHER
 PERSONS OR CIRCUMSTANCES.
   §  2. Sections 399-z, 399-p and 399-pp of the general business law are
 REPEALED.
   § 3. Subdivision 2 of section 97-www of the state finance law,  relat-
 ing  to  the  consumer  protection  account, as amended by section 52 of
 chapter 62 of the laws of 2011, is amended to read as follows:
   2. Such account shall consist of all penalties received by the depart-
 ment of state pursuant to section  [three  hundred  ninety-nine-z]  NINE
 HUNDRED TWO of the general business law and any additional monies appro-
 priated, credited or transferred to such account by the Legislature. Any
 interest  earned  by  the  investment of monies in such account shall be
 added to such account, become part of such account, and be used for  the
 purposes of such account
   § 4. This act shall take effect immediately.

 S. 7508--A                         88                         A. 9508--A
 
                                  PART U
 
   Section 1. Section 70 of the state law is amended to read as follows:
   § 70. Description  of  the  arms  of the state and the state flag. The
 device of arms of this state[, as  adopted  March  sixteenth,  seventeen
 hundred and seventy-eight,] is hereby declared to be correctly described
 as follows:
   Charge. Azure, in a landscape, the sun in fess, rising in splendor or,
 behind a range of three mountains, the middle one the highest; in base a
 ship  and  sloop  under  sail,  passing  and  about  to meet on a river,
 bordered below by a grassy shore fringed with shrubs, all proper.
   Crest. On a wreath azure and or, an American eagle proper,  rising  to
 the  dexter  from a two-thirds of a globe terrestrial, showing the north
 Atlantic ocean with outlines of its shores.
   Supporters. On a quasi compartment formed  by  the  extension  of  the
 scroll.
   Dexter.  The  figure  of Liberty proper, her hair disheveled and deco-
 rated with pearls, vested azure, sandaled gules, about the waist a cinc-
 ture or, fringed gules, a mantle of the last depending from  the  shoul-
 ders  behind  to  the  feet,  in the dexter hand a staff ensigned with a
 Phrygian cap or, the sinister  arm  embowed,  the  hand  supporting  the
 shield  at  the  dexter  chief point, a royal crown by her sinister foot
 dejected.
   Sinister. The figure of Justice proper, her hair disheveled and  deco-
 rated  with pearls, vested or, about the waist a cincture azure, fringed
 gules, sandaled and mantled as Liberty, bound  about  the  eyes  with  a
 fillet  proper,  in  the  dexter hand a straight sword hilted or, erect,
 resting on the sinister chief point of  the  shield,  the  sinister  arm
 embowed, holding before her her scales proper.
   Motto.  On  a scroll below the shield argent, in sable, TWO LINES.  ON
 LINE ONE, Excelsior AND ON LINE TWO, E PLURIBUS UNUM.
   State flag. The state flag is hereby declared to be blue, charged with
 the arms of the state in the colors as described in the blazon  of  this
 section.
   §  2.  (a) Any state flag, object, or printed materials containing the
 depiction of the former arms of the state may continue to be used  until
 such  flag,  object,    or printed materials' useful life has expired or
 until the person possessing  such  flag,  object,  or  printed  material
 replaces  it.  Such  continued  use  shall not constitute a violation of
 section seventy-two of the state law.
   (b) Any electronic depiction of the arms of the state shall be updated
 within 60 days of the effective date of this act.
   (c) No state agency, local government, or public  authority  shall  be
 required  to replace a flag solely because such flag contains the former
 arms of the state.
   § 3. The secretary of state shall begin to use the new seal as of  the
 effective date of this act.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become  a law. Effective immediately, the department of
 state  is  authorized  to  take  any  action,  including  entering  into
 contracts,  that  is necessary for the timely implementation of this act
 on its effective date.
 
                                  PART V

 S. 7508--A                         89                         A. 9508--A
 
   Section 1. Subdivision 1 of section  130  of  the  executive  law,  as
 amended  by  section 1 of subpart D of part II of chapter 55 of the laws
 of 2019, is amended to read as follows:
   1.  The secretary of state may appoint and commission as many notaries
 public for the state of New York as in his or her judgment may be deemed
 best, whose jurisdiction shall be co-extensive with  the  boundaries  of
 the  state.  The  appointment  of a notary public shall be for a term of
 four years. An application for an appointment as notary public shall  be
 in  form  and  set  forth  such  matters as the secretary of state shall
 prescribe. Every person appointed as notary public must, at the time  of
 his or her appointment, be [a citizen of the United States and either] a
 resident of the state of New York or have an office or place of business
 in  New  York  state. A notary public who is a resident of the state and
 who moves out of the state but still maintains a place of business or an
 office in New York state does not vacate his or her office as  a  notary
 public.  A  notary public who is a nonresident and who ceases to have an
 office or place of business in this state, vacates his or her office  as
 a notary public. A notary public who is a resident of New York state and
 moves  out  of  the  state and who does not retain an office or place of
 business in this state shall vacate  his  or  her  office  as  a  notary
 public.  A  non-resident who accepts the office of notary public in this
 state thereby appoints the secretary of state as the  person  upon  whom
 process can be served on his or her behalf. Before issuing to any appli-
 cant  a commission as notary public, unless he or she be an attorney and
 counsellor at law duly admitted to practice in this  state  or  a  court
 clerk  of  the unified court system who has been appointed to such posi-
 tion after taking a civil service promotional examination in  the  court
 clerk  series of titles, the secretary of state shall satisfy himself or
 herself that the applicant is of good moral character,  has  the  equiv-
 alent  of  a common school education and is familiar with the duties and
 responsibilities of a notary public; provided,  however,  that  where  a
 notary  public  applies,  before  the expiration of his or her term, for
 reappointment with the county clerk or where  a  person  whose  term  as
 notary  public  shall  have expired applies within six months thereafter
 for reappointment as a notary public with the county clerk, such  quali-
 fying requirements may be waived by the secretary of state, and further,
 where  an  application  for reappointment is filed with the county clerk
 after the expiration of the aforementioned renewal period  by  a  person
 who  failed  or was unable to re-apply by reason of his or her induction
 or enlistment in the armed forces of the United States, such  qualifying
 requirements may also be waived by the secretary of state, provided such
 application  for reappointment is made within a period of one year after
 the military discharge of the  applicant  under  conditions  other  than
 dishonorable.  In  any  case,  the  appointment  or reappointment of any
 applicant is in the discretion of the secretary of state. The  secretary
 of  state  may suspend or remove from office, for misconduct, any notary
 public appointed by him or her but no such removal shall be made  unless
 the  person  who  is  sought to be removed shall have been served with a
 copy of the charges against him or her and have an opportunity of  being
 heard.  No person shall be appointed as a notary public under this arti-
 cle who has been convicted, in this state or any other state or territo-
 ry, of a crime, unless the secretary makes a finding in conformance with
 all applicable statutory  requirements,  including  those  contained  in
 article  twenty-three-A  of the correction law, that such convictions do
 not constitute a bar to appointment.

 S. 7508--A                         90                         A. 9508--A
 
   § 2. Subdivision 1 of section 130 of the executive law, as amended  by
 chapter 490 of the laws of 2019, is amended to read as follows:
   1.  The secretary of state may appoint and commission as many notaries
 public for the state of New York as in his or her judgment may be deemed
 best, whose jurisdiction shall be co-extensive with  the  boundaries  of
 the  state.  The  appointment  of a notary public shall be for a term of
 four years. An application for an appointment as notary public shall  be
 in  form  and  set  forth  such  matters as the secretary of state shall
 prescribe. Every person appointed as notary public must, at the time  of
 his or her appointment, be [a citizen of the United States and either] a
 resident of the state of New York or have an office or place of business
 in  New  York  state. A notary public who is a resident of the state and
 who moves out of the state but still maintains a place of business or an
 office in New York state does not vacate his or her office as  a  notary
 public.  A  notary public who is a nonresident and who ceases to have an
 office or place of business in this state, vacates his or her office  as
 a notary public. A notary public who is a resident of New York state and
 moves  out  of  the  state and who does not retain an office or place of
 business in this state shall vacate  his  or  her  office  as  a  notary
 public.  A  non-resident who accepts the office of notary public in this
 state thereby appoints the secretary of state as the  person  upon  whom
 process can be served on his or her behalf. Before issuing to any appli-
 cant  a commission as notary public, unless he or she be an attorney and
 counsellor at law duly admitted to practice in this  state  or  a  court
 clerk  of  the unified court system who has been appointed to such posi-
 tion after taking a civil service promotional examination in  the  court
 clerk  series of titles, the secretary of state shall satisfy himself or
 herself that the applicant is of good moral character,  has  the  equiv-
 alent  of  a common school education and is familiar with the duties and
 responsibilities of a notary public; provided,  however,  that  where  a
 notary  public  applies,  before  the expiration of his or her term, for
 reappointment with the county clerk or where  a  person  whose  term  as
 notary  public  shall  have expired applies within six months thereafter
 for reappointment as a notary public with the county clerk, such  quali-
 fying requirements may be waived by the secretary of state, and further,
 where  an  application  for reappointment is filed with the county clerk
 after the expiration of the aforementioned renewal period  by  a  person
 who  failed  or was unable to re-apply by reason of his or her induction
 or enlistment in the armed forces of the United States, such  qualifying
 requirements may also be waived by the secretary of state, provided such
 application  for reappointment is made within a period of one year after
 the military discharge of the  applicant  under  conditions  other  than
 dishonorable, or if the applicant has a qualifying condition, as defined
 in  section  three hundred fifty of this chapter, within a period of one
 year after the applicant has received a discharge other than bad conduct
 or dishonorable from such service, or if the applicant is  a  discharged
 LGBT veteran, as defined in section three hundred fifty of this chapter,
 within a period of one year after the applicant has received a discharge
 other  than  bad conduct or dishonorable from such service. In any case,
 the appointment or reappointment of any applicant is in  the  discretion
 of  the secretary of state. The secretary of state may suspend or remove
 from office, for misconduct, any notary public appointed by him  or  her
 but  no such removal shall be made unless the person who is sought to be
 removed shall have been served with a copy of the charges against him or
 her and have an  opportunity  of  being  heard.    No  person  shall  be
 appointed  as a notary public under this article who has been convicted,

 S. 7508--A                         91                         A. 9508--A
 
 in this state or any other state or territory, of a  crime,  unless  the
 secretary  makes  a finding in conformance with all applicable statutory
 requirements, including those contained in article twenty-three-A of the
 correction  law,  that  such  convictions  do  not  constitute  a bar to
 appointment.
   § 3. Section 440-a of the real property law, as amended by  section  1
 of subpart G of part II of chapter 55 of the laws of 2019, is amended to
 read as follows:
   §  440-a.  License  required  for real estate brokers and salesmen. No
 person, co-partnership, limited liability company or  corporation  shall
 engage  in  or  follow the business or occupation of, or hold himself or
 itself out or act temporarily or otherwise as a real  estate  broker  or
 real  estate  salesman  in  this state without first procuring a license
 therefor as provided in this article. No person shall be entitled  to  a
 license  as  a real estate broker under this article, either as an indi-
 vidual or as a member of a co-partnership, or as a member or manager  of
 a limited liability company or as an officer of a corporation, unless he
 or  she  is twenty years of age or over[, a citizen of the United States
 or an alien lawfully admitted for  permanent  residence  in  the  United
 States].  No  person  shall  be  entitled  to a license as a real estate
 salesman under this article unless he or she is over the age of eighteen
 years. No person shall be entitled to a license as a real estate  broker
 or  real  estate  salesman  under this article who has been convicted in
 this state or elsewhere of a crime, unless the secretary makes a finding
 in conformance with all  applicable  statutory  requirements,  including
 those  contained  in  article twenty-three-A of the correction law, that
 such convictions do not constitute a bar to licensure. No  person  shall
 be entitled to a license as a real estate broker or real estate salesman
 under  this  article who does not meet the requirements of section 3-503
 of the general obligations law.
   Notwithstanding anything to the contrary in this section, tenant asso-
 ciations and not-for-profit corporations authorized in  writing  by  the
 commissioner  of  the  department  of  the city of New York charged with
 enforcement of the housing maintenance code of such city to manage resi-
 dential property owned by such city or appointed by a court of competent
 jurisdiction to manage residential property owned by such city shall  be
 exempt from the licensing provisions of this section with respect to the
 properties so managed.
   §  4.  Subdivision  1  of  section  72 of the general business law, as
 amended by chapter 164 of the laws  of  2003,  is  amended  to  read  as
 follows:
   1.  If  the applicant is a person, the application shall be subscribed
 by such person, and if the applicant is a firm or partnership the appli-
 cation shall be subscribed by each individual composing or intending  to
 compose  such  firm or partnership. The application shall state the full
 name, age, residences within the past three years, present and  previous
 occupations of each person or individual so signing the same, [that each
 person  or  individual  is  a  citizen  of the United States or an alien
 lawfully admitted for permanent residence  in  the  United  States]  and
 shall  also  specify  the name of the city, town or village, stating the
 street and number, if the premises have a street and number, and  other-
 wise such apt description as will reasonably indicate the location ther-
 eof,  where  is  to  be  located the principal place of business and the
 bureau, agency, sub-agency,  office  or  branch  office  for  which  the
 license  is  desired,  and  such further facts as may be required by the
 department of state to show the good character, competency and integrity

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 of each person or individual so signing such application. Each person or
 individual signing such application shall, together with  such  applica-
 tion,  submit  to  the department of state, his photograph, taken within
 six  months  prior  thereto  in duplicate, in passport size and also two
 sets of fingerprints of his two hands recorded in such manner as may  be
 specified  by the secretary of state or the secretary of state's author-
 ized representative. Before approving such application it shall  be  the
 duty  of  the  secretary of state or the secretary of state's authorized
 representative to forward one copy of such fingerprints to the  division
 of  criminal  justice  services. Upon receipt of such fingerprints, such
 division shall forward to the secretary of state a report  with  respect
 to  the  applicant's  previous  criminal history, if any, or a statement
 that the applicant has no previous criminal  history  according  to  its
 files.  If  additional copies of fingerprints are required the applicant
 shall furnish them upon request. Such fingerprints may be  submitted  to
 the  federal  bureau  of  investigation  for a national criminal history
 record check. The secretary shall reveal the name of  the  applicant  to
 the  chief  of police and the district attorney of the applicant's resi-
 dence and of the proposed place of business and shall request of them  a
 report concerning the applicant's character in the event they shall have
 information  concerning it. The secretary shall take such other steps as
 may be necessary to investigate the honesty, good character and integri-
 ty of each applicant. Every such applicant  for  a  license  as  private
 investigator  shall  establish  to  the satisfaction of the secretary of
 state (a) if the applicant be a person, or, (b) in the case of  a  firm,
 limited  liability  company,  partnership  or  corporation, at least one
 member of such firm, partnership, limited liability  company  or  corpo-
 ration, has been regularly employed, for a period of not less than three
 years,  undertaking  such investigations as those described as performed
 by a private investigator in subdivision one of section  seventy-one  of
 this  article,  as  a sheriff, police officer in a city or county police
 department, or the division of state police, investigator in  an  agency
 of  the  state,  county,  or  United States government, or employee of a
 licensed private investigator, or has had  an  equivalent  position  and
 experience  or  that  such  person or member was an employee of a police
 department who rendered service therein as a police officer for not less
 than twenty years or was an employee of a fire department  who  rendered
 service therein as a fire marshal for not less than twenty years. Howev-
 er,  employment  as  a watchman, guard or private patrolman shall not be
 considered employment as a "private investigator" for purposes  of  this
 section.  Every  such  applicant for a license as watch, guard or patrol
 agency shall establish to the satisfaction of the secretary of state (a)
 if the applicant be a person, or, (b) in the case  of  a  firm,  limited
 liability  company,  partnership  or corporation, at least one member of
 such firm, partnership, limited liability company  or  corporation,  has
 been  regularly  employed,  for  a  period  of  not less than two years,
 performing such duties or providing such services as described as  those
 performed or furnished by a watch, guard or patrol agency in subdivision
 two of section seventy-one of this article, as a sheriff, police officer
 in  a  city or county police department, or employee of an agency of the
 state, county or United States government, or licensed private  investi-
 gator  or  watch, guard or patrol agency, or has had an equivalent posi-
 tion and experience; qualifying experience  shall  have  been  completed
 within  such  period of time and at such time prior to the filing of the
 application as shall be satisfactory to  the  secretary  of  state.  The
 person  or member meeting the experience requirement under this subdivi-

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 sion and the person responsible for the operation and management of each
 bureau, agency, sub-agency, office or branch  office  of  the  applicant
 shall  provide  sufficient  proof  of  having taken and passed a written
 examination  prescribed  by  the secretary of state to test their under-
 standing of their rights, duties and powers as  a  private  investigator
 and/or  watchman, guard or private patrolman, depending upon the work to
 be performed under the license. In the case of an application subscribed
 by a resident of the  state  of  New  York  such  application  shall  be
 approved,  as to each resident person or individual so signing the same,
 but not less than five reputable citizens of the community in which such
 applicant resides or transacts business, or in which it is  proposed  to
 own,  conduct, manage or maintain the bureau, agency, sub-agency, office
 or branch office for which the license is desired, each  of  whom  shall
 subscribe  and  affirm  as true, under the penalties of perjury, that he
 has personally known the said person or individual for a  period  of  at
 least  five  years  prior to the filing of such application, that he has
 read such application and believes each of the statements  made  therein
 to be true, that such person is honest, of good character and competent,
 and  not  related  or  connected to the person so certifying by blood or
 marriage. In the case of an application subscribed by a non-resident  of
 the  state  of  New  York such application shall be approved, as to each
 non-resident person or individual so signing the same by not  less  than
 five  reputable  citizens  of  the  community  in  which  such applicant
 resides. The certificate of approval shall be signed by  such  reputable
 citizens  and  duly  verified and acknowledged by them before an officer
 authorized to take oaths and acknowledgment of deeds. All provisions  of
 this  section, applying to corporations, shall also apply to joint-stock
 associations, except that each such joint-stock association shall file a
 duly certified copy of its certificate of organization in the  place  of
 the certified copy of its certificate of incorporation herein required.
   §  5.  Subdivision  2  of  section  81 of the general business law, as
 amended by chapter 756 of the laws of 1952 and paragraph (b) as  amended
 by chapter 133 of the laws of 1982, is amended to read as follows:
   2.  No  person  shall hereafter be employed by any holder of a license
 certificate until he shall have executed and furnished to  such  license
 certificate  holder  a  verified  statement,  to be known as "employee's
 statement," setting forth:
   (a) His full name, age and residence address.
   (b) [That the applicant for employment is  a  citizen  of  the  United
 States  or  an  alien  lawfully  admitted for permanent residence in the
 United States.
   (c)] The business or occupation engaged in for the three  years  imme-
 diately preceding the date of the filing of the statement, setting forth
 the  place  or  places where such business or occupation was engaged in,
 and the name or names of employers, if any.
   [(d)] (C) That he has not been convicted of a felony or of any offense
 involving moral turpitude or of any  of  the  misdemeanors  or  offenses
 described in subdivision one of this section.
   [(e)]  (D)  Such further information as the department of state may by
 rule require to show the good character, competency,  and  integrity  of
 the person executing the statement.
   §  6.  Subdivision  4  of section 89-h of the general business law, as
 added by chapter 336 of the laws of 1992, is amended to read as follows:
   [4. Citizenship: be a citizen or resident alien of the United States;]
   § 7. This  act  shall  take  effect  immediately;  provided,  however,
 section  two  of  this act shall take effect on the same date and in the

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 same manner as section 36 of chapter 490 of  the  laws  of  2019,  takes
 effect.
 
                                  PART W
 
   Section 1. Paragraph (c) of subdivision 1 of section 444-e of the real
 property  law, as amended by chapter 541 of the laws of 2019, is amended
 to read as follows:
   (c) have passed the National Home Inspector examination OR AN EXAMINA-
 TION OFFERED BY THE SECRETARY, IN ANY FORMAT, THAT IN  THE  JUDGMENT  OF
 THE  SECRETARY  SUFFICIENTLY  TESTS  SUCH  APPLICANT  TO BE ENGAGED AS A
 PROFESSIONAL HOME INSPECTOR; and
   § 2. This act shall take effect immediately and shall apply to  appli-
 cations  for  a  license as a professional home inspector received on or
 after November 25, 2019.
 
                                  PART X
 
   Section 1. Paragraph (e) of section 104 of  the  business  corporation
 law,  as  amended by chapter 832 of the laws of 1982, is amended to read
 as follows:
   (e) If an instrument which is delivered to the department of state for
 filing complies as to form with the requirements of law  and  there  has
 been  attached  to  it  the  consent  or approval of the state official,
 department, board, agency or other body, if any,  whose  consent  to  or
 approval  of  such  instrument  or the filing thereof is required by any
 statute of this state and the filing fee and tax, if  any,  required  by
 any  statute  of  this state in connection therewith have been paid, the
 instrument shall be filed and indexed by the  department  of  state.  No
 certificate  of  authentication  or  conformity  or other proof shall be
 required with respect to any verification, oath or acknowledgment of any
 instrument delivered to the department of state under this  chapter,  if
 such  verification,  oath  or  acknowledgment purports to have been made
 before a notary public, or person performing the equivalent function, of
 one of the states, or any subdivision thereof, of the United  States  or
 the  District  of  Columbia. Without limiting the effect of section four
 hundred three of this chapter, filing and indexing by the department  of
 state  shall not be deemed a finding that a certificate conforms to law,
 nor shall it be deemed to constitute an approval by  the  department  of
 state of the name of the corporation or the contents of the certificate,
 nor  shall  it be deemed to prevent any person with appropriate standing
 from contesting the  legality  thereof  in  an  appropriate  forum.  THE
 INSTRUMENT'S  DATE  OF  FILING  SHALL  BE  THE  DATE  THE INSTRUMENT WAS
 RECEIVED BY THE DEPARTMENT OF STATE FOR FILING. AN  INSTRUMENT  THAT  IS
 DETERMINED  BY  THE  DEPARTMENT  OF  STATE TO BE UNACCEPTABLE FOR FILING
 SHALL BE RETURNED TO THE PERSON FILING THE INSTRUMENT WITH  AN  EXPLANA-
 TION  OF  THE  REASON  FOR THE REFUSAL TO FILE. IF THE FILER RETURNS THE
 CORRECTED INSTRUMENT WITHIN THIRTY DAYS FROM THE DATE IT WAS  ORIGINALLY
 RECEIVED  BY THE DEPARTMENT OF STATE AND IT IS DETERMINED BY THE DEPART-
 MENT OF STATE TO BE ACCEPTABLE FOR FILING, THE INSTRUMENT SHALL BE FILED
 AND INDEXED BY THE DEPARTMENT OF  STATE  AND  THE  FILING  DATE  OF  THE
 INSTRUMENT SHALL BE THE FILING DATE THAT WOULD HAVE BEEN APPLIED HAD THE
 ORIGINAL INSTRUMENT BEEN ACCEPTABLE FOR FILING.
   § 2. Paragraph (r) of section 104-A of the business corporation law is
 REPEALED.

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   §  3.  Section  408  of  the  business  corporation law, as amended by
 section 3 of part S of chapter 59 of the laws of 2015 and paragraph 1 as
 amended by chapter 747 of the laws  of  2019,  is  amended  to  read  as
 follows:
 § 408. Statement; filing.
   1.  [Except as provided in paragraph eight of this section, each] EACH
 domestic corporation, and each  foreign  corporation  authorized  to  do
 business  in  this  state, shall, during the applicable filing period as
 determined by subdivision  three  of  this  section,  file  a  statement
 setting forth:
   (a) The name and business address of its chief executive officer.
   (b) The street address of its principal executive office.
   (c)  The post office address within or without this state to which the
 secretary of state shall mail a copy of any process  against  it  served
 upon  him  or  her. Such address shall supersede any previous address on
 file with the department of state for this purpose.
   (d) The number of directors constituting the board and how many direc-
 tors of such board are women.
   2. [Except as provided in paragraph eight of this section, such]  SUCH
 statement  shall  be made on forms prescribed by the secretary of state,
 and the information therein contained shall be given as of the  date  of
 the  execution  of  the  statement.  Such  statement  shall only request
 reporting of information required under paragraph one of  this  section.
 It  shall  be  signed  and  delivered to the department of state. NO FEE
 SHALL BE COLLECTED FOR THE FILING OF THE STATEMENT.
   3. [Except as provided in paragraph eight of this  section,  for]  FOR
 the  purpose  of  this section the applicable filing period for a corpo-
 ration shall be the calendar month during which its original certificate
 of incorporation or application for authority were filed or  the  effec-
 tive  date  thereof  if  stated. The applicable filing period shall only
 occur:  (a) annually, during the period starting on April  1,  1992  and
 ending  on  March 31, 1994; and (b) biennially, during a period starting
 on April 1 and ending on March 31 thereafter.  Those  corporations  that
 filed  between  April 1, 1992 and June 30, 1994 shall not be required to
 file such statements again until such time as they would have filed, had
 this subdivision not been amended.
   4. The provisions of paragraph (g) of section one hundred four of this
 chapter shall not be applicable to filings pursuant to this section.
   5. The provisions of this section and  section  409  of  this  article
 shall not apply to a farm corporation. For the purposes of this subdivi-
 sion, the term "farm corporation" shall mean any domestic corporation or
 foreign  corporation  authorized to do business in this state under this
 chapter engaged in the production  of  crops,  livestock  and  livestock
 products  on land used in agricultural production, as defined in section
 301 of the agriculture and markets law. [However, this  exception  shall
 not  apply  to  farm  corporations  that  have filed statements with the
 department of state which have been submitted through the department  of
 taxation and finance pursuant to paragraph eight of this section.]
   6.  No  such statement shall be accepted for filing when a certificate
 of resignation for receipt of process has been filed under section three
 hundred six-A of this  chapter  unless  the  corporation  has  stated  a
 different  address  for  process  which does not include the name of the
 party previously designated in the address for process in  such  certif-
 icate.
   7.  A domestic corporation or foreign corporation may amend its state-
 ment to change the information required by subparagraphs (a) and (b)  of

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 paragraph  one  of  this  section. Such amendment shall be made on forms
 prescribed by the secretary of state. It shall be signed  and  delivered
 to  the department of state. NO FEE SHALL BE COLLECTED FOR THE FILING OF
 THE AMENDMENT.
   [8.  (a) The commissioner of taxation and finance and the secretary of
 state may agree to allow corporations to provide the statement specified
 in paragraph one of this section on tax reports filed with  the  depart-
 ment of taxation and finance in lieu of biennial statements. This agree-
 ment  may  apply  to  tax reports due for tax years starting on or after
 January first, two thousand sixteen.
   (b) If the agreement described in subparagraph (a) of  this  paragraph
 is  made,  each  corporation required to file the statement specified in
 paragraph one of this section that is also subject to tax under  article
 nine  or  nine-A of the tax law shall include such statement annually on
 its tax report filed with the department of taxation and finance in lieu
 of filing a statement under this section with the  department  of  state
 and  in a manner prescribed by the commissioner of taxation and finance.
 However, each corporation  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 corporation in  fact  has
 filed  a  tax  report  with  the department of taxation and finance that
 includes all required information.  After  that  time,  the  corporation
 shall  continue to deliver annually the statement specified in paragraph
 one of this section on its tax report in lieu of the biennial  statement
 required by this section.
   (c)  If  the agreement described in subparagraph (a) of this paragraph
 is made, the department of taxation and finance  shall  deliver  to  the
 department  of state for filing the statement specified in paragraph one
 of this section for each corporation that files a tax report  containing
 such  statement.  The  department  of  taxation and finance must, to the
 extent feasible, also include  the  current  name  of  the  corporation,
 department  of  state  identification  number  for such corporation, the
 name, signature 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.]
   § 4. Subdivision 4 of section 409 of the business corporation  law  is
 REPEALED.
   §  5.  Subdivision  16 of section 96 of the executive law, as added by
 chapter 561 of the laws of 1990, is amended to read as follows:
   16. (A) Consistent with the provisions of the corporate  laws  of  the
 state  of  New  York,  the  department  of  state [shall] MAY produce or
 reproduce the content of any informational systems  maintained  pursuant
 to such laws. The secretary of state shall establish the type and amount
 of  the  reasonable  fees to be collected by the department of state for
 such informational systems. Such fees shall be subject  to  approval  of
 the  director  of  the  budget  and shall be promulgated in the official
 rules and regulations of the department of state in accordance with  the
 provisions of the state administrative procedure act.
   (B)  NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, THE DEPARTMENT
 OF STATE MAY MAKE THE CONTENT OF ANY SUCH INFORMATION SYSTEMS  AVAILABLE
 TO THE PUBLIC ON ANY WEBSITE MAINTAINED BY THE DEPARTMENT OF STATE OR BY
 THIS STATE WITHOUT CHARGE.
   §  6.  Section  209 of the limited liability company law is amended to
 read as follows:
   § 209. Filing with the department  of  state.  A  signed  articles  of
 organization  and  any  signed certificate of amendment or other certif-

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 icates filed pursuant to this chapter  or  of  any  judicial  decree  of
 amendment or cancellation shall be delivered to the department of state.
 If  the  instrument  that  is  delivered  to the department of state for
 filing  complies  as to form with the requirements of law and the filing
 fee required by any statute of this state in  connection  therewith  has
 been  paid,  the instrument shall be filed and indexed by the department
 of state. The department of state shall  not  review  such  articles  or
 certificates  for  legal  sufficiency;  its  review  shall be limited to
 determining that the form has been completed.  THE INSTRUMENT'S DATE  OF
 FILING  SHALL  BE THE DATE THE INSTRUMENT WAS RECEIVED BY THE DEPARTMENT
 OF STATE FOR FILING. AN INSTRUMENT THAT IS DETERMINED BY THE  DEPARTMENT
 OF  STATE  TO BE UNACCEPTABLE FOR FILING SHALL BE RETURNED TO THE PERSON
 FILING THE INSTRUMENT WITH AN EXPLANATION OF THE REASON FOR THE  REFUSAL
 TO  FILE.  IF  THE  FILER RETURNS THE CORRECTED INSTRUMENT WITHIN THIRTY
 DAYS FROM THE DATE IT WAS ORIGINALLY RECEIVED BY THE DEPARTMENT OF STATE
 AND IT IS DETERMINED BY THE DEPARTMENT OF STATE  TO  BE  ACCEPTABLE  FOR
 FILING,  THE  INSTRUMENT SHALL BE FILED AND INDEXED BY THE DEPARTMENT OF
 STATE AND THE FILING DATE OF THE INSTRUMENT SHALL  BE  THE  FILING  DATE
 THAT WOULD HAVE BEEN APPLIED HAD THE ORIGINAL INSTRUMENT BEEN ACCEPTABLE
 FOR FILING.
   §  7.  Subdivision (e) of section 301 of the limited liability company
 law, as amended by section 5 of part S of chapter  59  of  the  laws  of
 2015, is amended to read as follows:
   (e)  [(1)  Except  as  otherwise  provided in this subdivision, every]
 EVERY limited liability company to which  this  chapter  applies,  shall
 biennially  in the calendar month during which its articles of organiza-
 tion or application for authority were filed, or effective date  thereof
 if  stated, file on forms prescribed by the secretary of state, a state-
 ment setting forth:
   (I) the post office address within or without this state to which  the
 secretary  of state shall mail a copy of any process accepted against it
 served upon him or  her.  Such  address  shall  supersede  any  previous
 address on file with the department of state for this purpose;
   (II)  THE  NAME  AND  ADDRESS  OF ANY MANAGERS APPOINTED OR ELECTED IN
 ACCORDANCE WITH THE ARTICLES OF ORGANIZATION OR OPERATING AGREEMENT; AND
   (III) THE NAME AND  ADDRESS  OF  THE  TEN  MEMBERS  WITH  THE  LARGEST
 PERCENTAGE  OWNERSHIP  INTEREST, AS DETERMINED AS OF THE TIME THE STATE-
 MENT IS FILED BY THE DEPARTMENT OF STATE. NO FEE SHALL BE COLLECTED  FOR
 THE FILING OF THE STATEMENT.
   [(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

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 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.]
   § 8. Subdivision (c) of section 1101 of the limited liability  company
 law is REPEALED.
   §  9.  Paragraph  (e) of section 104 of the not-for-profit corporation
 law, as amended by chapter 833 of the laws of 1982, is amended  to  read
 as follows:
   (e) If an instrument which is delivered to the department of state for
 filing  complies  as  to form with the requirements of law and there has
 been attached to it  the  consent  or  approval  of  the  supreme  court
 justice, governmental body or officer, or, other person or body, if any,
 whose consent to or approval of such instrument or the filing thereof is
 required  by  any  statute  of this state and the filing fee and tax, if
 any, required by any statute of this state in connection therewith  have
 been  paid,  the instrument shall be filed and indexed by the department
 of state. No certificate of authentication or conformity or other  proof
 shall  be required with respect to any verification, oath or acknowledg-
 ment of any instrument delivered to the department of state  under  this
 chapter,  if  such verification, oath or acknowledgment purports to have
 been made before a notary public, or person  performing  the  equivalent
 function,  of  one  of  the  states,  or any subdivision thereof, of the
 United States or the District of Columbia. Without limiting  the  effect
 of  section  four  hundred three of this chapter, filing and indexing by
 the department of state shall not be deemed a finding that a certificate
 conforms to law, nor shall it be deemed to constitute an approval by the
 department of state of the name of the corporation or  the  contents  of
 the  certificate,  nor  shall  it  be  deemed to prevent any person with
 appropriate standing from contesting the legality thereof in  an  appro-
 priate  forum.    THE  INSTRUMENT'S DATE OF FILING SHALL BE THE DATE THE
 INSTRUMENT WAS RECEIVED BY  THE  DEPARTMENT  OF  STATE  FOR  FILING.  AN
 INSTRUMENT THAT IS DETERMINED BY THE DEPARTMENT OF STATE TO BE UNACCEPT-
 ABLE  FOR  FILING  SHALL BE RETURNED TO THE PERSON FILING THE INSTRUMENT
 WITH AN EXPLANATION OF THE REASON FOR THE REFUSAL TO FILE. IF THE  FILER
 RETURNS THE CORRECTED INSTRUMENT WITHIN THIRTY DAYS FROM THE DATE IT WAS
 ORIGINALLY  RECEIVED  BY THE DEPARTMENT OF STATE AND IT IS DETERMINED BY
 THE DEPARTMENT OF STATE TO BE  ACCEPTABLE  FOR  FILING,  THE  INSTRUMENT
 SHALL  BE  FILED  AND  INDEXED BY THE DEPARTMENT OF STATE AND THE FILING
 DATE OF THE INSTRUMENT SHALL BE THE FILING DATE  THAT  WOULD  HAVE  BEEN
 APPLIED HAD THE ORIGINAL INSTRUMENT BEEN ACCEPTABLE FOR FILING.
   §  10. Section 121-206 of the partnership law, as added by chapter 950
 of the laws of 1990, is amended to read as follows:
   § 121-206. Filing with the department of state. A  signed  certificate
 of limited partnership and any signed certificates of amendment or other

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 certificates filed pursuant to this article or of any judicial decree of
 amendment or cancellation shall be delivered to the department of state.
 If  the  instrument  which  is  delivered to the department of state for
 filing  complies  as to form with the requirements of law and the filing
 fee required by any statute of this state in  connection  therewith  has
 been  paid,  the instrument shall be filed and indexed by the department
 of state. THE INSTRUMENT'S DATE OF FILING SHALL BE THE DATE THE  INSTRU-
 MENT  WAS  RECEIVED BY THE DEPARTMENT OF STATE FOR FILING. AN INSTRUMENT
 THAT IS DETERMINED BY THE DEPARTMENT OF STATE  TO  BE  UNACCEPTABLE  FOR
 FILING  SHALL  BE  RETURNED  TO THE PERSON FILING THE INSTRUMENT WITH AN
 EXPLANATION OF THE REASON FOR THE REFUSAL TO FILE. IF THE FILER  RETURNS
 THE  CORRECTED  INSTRUMENT  WITHIN  THIRTY  DAYS  FROM  THE  DATE IT WAS
 ORIGINALLY RECEIVED BY THE DEPARTMENT OF STATE AND IT IS  DETERMINED  BY
 THE  DEPARTMENT  OF  STATE  TO  BE ACCEPTABLE FOR FILING, THE INSTRUMENT
 SHALL BE FILED AND INDEXED BY THE DEPARTMENT OF  STATE  AND  THE  FILING
 DATE  OF  THE  INSTRUMENT  SHALL BE THE FILING DATE THAT WOULD HAVE BEEN
 APPLIED HAD THE ORIGINAL INSTRUMENT BEEN ACCEPTABLE FOR FILING.
   § 11. Subdivision (e) of section 121-1500 of the partnership  law,  as
 added by chapter 576 of the laws of 1994, is amended to read as follows:
   (e)  If  the  signed registration OR OTHER INSTRUMENT delivered to the
 department of state for filing complies as to form with the requirements
 of law and the filing fee required by any statute of this state has been
 paid, the [registration] INSTRUMENT shall be filed and  indexed  by  the
 department  of  state. THE INSTRUMENT'S DATE OF FILING SHALL BE THE DATE
 THE INSTRUMENT WAS RECEIVED BY THE DEPARTMENT OF STATE  FOR  FILING.  AN
 INSTRUMENT THAT IS DETERMINED BY THE DEPARTMENT OF STATE TO BE UNACCEPT-
 ABLE  FOR  FILING  SHALL BE RETURNED TO THE PERSON FILING THE INSTRUMENT
 WITH AN EXPLANATION OF THE REASON FOR THE REFUSAL TO FILE. IF THE  FILER
 RETURNS THE CORRECTED INSTRUMENT WITHIN THIRTY DAYS FROM THE DATE IT WAS
 ORIGINALLY  RECEIVED  BY THE DEPARTMENT OF STATE AND IT IS DETERMINED BY
 THE DEPARTMENT OF STATE TO BE  ACCEPTABLE  FOR  FILING,  THE  INSTRUMENT
 SHALL  BE  FILED  AND  INDEXED BY THE DEPARTMENT OF STATE AND THE FILING
 DATE OF THE INSTRUMENT SHALL BE THE FILING DATE  THAT  WOULD  HAVE  BEEN
 APPLIED HAD THE ORIGINAL INSTRUMENT BEEN ACCEPTABLE FOR FILING.
   §  12.  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,  is
 amended to read as follows:
   (g)  Each registered limited liability partnership shall, within sixty
 days prior to the fifth anniversary of the effective date of its  regis-
 tration  and  every  five  years  thereafter, furnish a statement to the
 department of state setting forth: (i) the name of the registered limit-
 ed liability partnership, (ii) the address 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
 shall  mail a copy of any process accepted against it served upon him or
 her, which address shall supersede any previous address on file with the
 department of state for this purpose, and (iv) a statement  that  it  is
 eligible  to  register  as  a  registered  limited liability partnership
 pursuant to subdivision (a) of this  section.  The  statement  shall  be
 executed  by  one  or  more partners of the registered limited liability
 partnership. [The statement shall be accompanied  by  a  fee  of  twenty
 dollars  if  submitted  directly to the department of state. The commis-
 sioner of taxation and finance and the secretary of state may  agree  to
 allow registered limited liability partnerships to provide the statement
 specified  in  this subdivision on tax reports filed with the department
 of taxation and finance in lieu of statements filed  directly  with  the

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 secretary  of  state  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
 registered  limited liability partnership required to file the statement
 specified in 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  subdivision  with  the  department  of
 state.  However,  each registered limited liability partnership required
 to file a statement under this section must continue to file a statement
 with the department of state as  required  by  this  section  until  the
 registered  limited liability partnership 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  registered limited
 liability partnership shall continue to provide annually  the  statement
 specified  in this subdivision on its filing fee payment form in lieu of
 the statement required by this subdivision. The commissioner of taxation
 and finance shall deliver the  completed  statement  specified  in  this
 subdivision  to  the  department  of state for filing. The department of
 taxation and finance must, to the extent feasible, also include in  such
 delivery  the  current name of the registered limited liability partner-
 ship, department of state  identification  number  for  such  registered
 limited  liability  partnership, the name, signature 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 state-
 ment.] NO FEE SHALL BE COLLECTED FOR THE FILING OF THE STATEMENT.  If  a
 registered  limited  liability  partnership  shall  not  timely file the
 statement required by this subdivision, the  department  of  state  may,
 upon sixty days' notice mailed to the address of such registered limited
 liability  partnership as shown in the last registration or statement or
 certificate of amendment filed  by  such  registered  limited  liability
 partnership,  make  a  proclamation  declaring  the registration of such
 registered limited liability partnership to be revoked pursuant to  this
 subdivision.  The  department of state shall file the original proclama-
 tion in its office and shall publish a copy thereof in the state  regis-
 ter  no later than three months following the date of such proclamation.
 [This shall not apply to registered limited liability partnerships  that
 have  filed a statement with the department of state through the depart-
 ment of taxation and finance.] Upon the publication of such proclamation
 in the manner aforesaid, the registration  of  each  registered  limited
 liability partnership named in such proclamation shall be deemed revoked
 without  further  legal  proceedings.  Any  registered limited liability
 partnership whose registration was so revoked may file in the department
 of state a statement required by this subdivision. The  filing  of  such
 statement  shall  have  the  effect  of annulling all of the proceedings
 theretofore taken for the revocation of the registration of such  regis-
 tered  limited  liability partnership under this subdivision and (1) the
 registered limited  liability  partnership  shall  thereupon  have  such
 powers,  rights,  duties  and  obligations  as it had on the date of the
 publication of the proclamation, with the same force and  effect  as  if
 such  proclamation  had not been made or published and (2) such publica-
 tion shall not affect the applicability of the provisions of subdivision
 (b) of section twenty-six of this chapter to  any  debt,  obligation  or
 liability  incurred,  created or assumed from the date of publication of
 the proclamation through the date of the filing of  the  statement  with

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 the department of state. If, after the publication of such proclamation,
 it  shall  be determined by the department of state that the name of any
 registered limited liability partnership  was  erroneously  included  in
 such  proclamation, the department of state shall make appropriate entry
 on its records, which entry shall have the effect of  annulling  all  of
 the proceedings theretofore taken for the revocation of the registration
 of  such registered limited liability partnership under this subdivision
 and (A) such registered limited liability partnership  shall  have  such
 powers,  rights,  duties  and  obligations  as it had on the date of the
 publication of the proclamation, with the same force and  effect  as  if
 such  proclamation  had not been made or published and (B) such publica-
 tion shall not affect the applicability of the provisions of subdivision
 (b) of section twenty-six of this chapter to  any  debt,  obligation  or
 liability  incurred,  created or assumed from the date of publication of
 the proclamation through the date of the making  of  the  entry  on  the
 records  of  the  department  of  state.  Whenever  a registered limited
 liability partnership whose registration was revoked shall have filed  a
 statement  pursuant  to  this subdivision or if the name of a registered
 limited liability partnership was erroneously included in a proclamation
 and such proclamation  was  annulled,  the  department  of  state  shall
 publish a notice thereof in the state register.
   §  13.  Subdivision (d) of section 121-1502 of the partnership law, as
 added by chapter 576 of the laws of 1994, is amended to read as follows:
   (d) If a signed notice OR OTHER INSTRUMENT delivered to the department
 of state for filing complies as to form with the requirements of law and
 the filing fee required by any statute of this state has been paid,  the
 [notice]  INSTRUMENT  shall  be  filed  and indexed by the department of
 state. THE INSTRUMENT'S DATE OF FILING SHALL BE THE DATE THE  INSTRUMENT
 WAS  RECEIVED  BY THE DEPARTMENT OF STATE FOR FILING. AN INSTRUMENT THAT
 IS DETERMINED BY THE DEPARTMENT OF STATE TO BE UNACCEPTABLE  FOR  FILING
 SHALL  BE  RETURNED TO THE PERSON FILING THE INSTRUMENT WITH AN EXPLANA-
 TION OF THE REASON FOR THE REFUSAL TO FILE. IF  THE  FILER  RETURNS  THE
 CORRECTED  INSTRUMENT WITHIN THIRTY DAYS FROM THE DATE IT WAS ORIGINALLY
 RECEIVED BY THE DEPARTMENT OF STATE AND IT IS DETERMINED BY THE  DEPART-
 MENT OF STATE TO BE ACCEPTABLE FOR FILING, THE INSTRUMENT SHALL BE FILED
 AND  INDEXED  BY  THE  DEPARTMENT  OF  STATE  AND THE FILING DATE OF THE
 INSTRUMENT SHALL BE THE FILING DATE THAT WOULD HAVE BEEN APPLIED HAD THE
 ORIGINAL INSTRUMENT BEEN ACCEPTABLE FOR FILING.  If  a  foreign  limited
 liability  partnership  that  is  a  New York registered foreign limited
 liability partnership dissolves, a foreign limited liability partnership
 which is the successor to  such  New  York  registered  foreign  limited
 liability partnership (i) shall not be required to file a new notice and
 shall  be  deemed  to have filed the notice filed by the New York regis-
 tered foreign limited liability partnership pursuant to subdivision  (a)
 of  this  section,  as  well  as any withdrawal notice filed pursuant to
 subdivision (e) of this section, any statement or certificate of consent
 filed pursuant to subdivision (f) of this  section  and  any  notice  of
 amendment  filed  pursuant  to  subdivision (i) of this section and (ii)
 shall be bound by any revocation of status pursuant to  subdivision  (f)
 of  this  section  and  any  annulment  thereof of the dissolved foreign
 limited liability partnership that was a  New  York  registered  foreign
 limited  liability  partnership. For purposes of this section, a foreign
 limited liability partnership  is  a  successor  to  a  foreign  limited
 liability  partnership  that  was  a New York registered foreign limited
 liability partnership if a  majority  of  the  total  interests  in  the
 current  profits of such successor foreign limited liability partnership

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 are held by partners of the predecessor foreign limited liability  part-
 nership  that  was a New York registered foreign limited liability part-
 nership who were partners of such  predecessor  partnership  immediately
 prior to the dissolution of such predecessor partnership.
   §  14.  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:
   (I)  Each  New  York  registered foreign limited liability partnership
 shall, within sixty days prior to the fifth anniversary of the effective
 date of its notice and every five years thereafter, furnish a  statement
 to the department of state setting forth:
   (i)  the  name  under  which  the  New York registered foreign limited
 liability partnership is carrying on or conducting or transacting  busi-
 ness  or  activities  in  this  state, (ii) the address 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
 secretary  of state shall mail a copy of any process accepted against it
 served upon him or her,  which  address  shall  supersede  any  previous
 address  on file with the department of state for this purpose, and (iv)
 a statement that it is a  foreign  limited  liability  partnership.  The
 statement  shall  be  executed  by  one or more partners of the New York
 registered foreign limited liability partnership. [The  statement  shall
 be  accompanied  by  a fee of fifty dollars if submitted directly to the
 department of state. The commissioner of taxation and  finance  and  the
 secretary of state may agree to allow New York registered foreign limit-
 ed  liability  partnerships  to  provide the statement specified in this
 paragraph on tax reports filed  with  the  department  of  taxation  and
 finance in lieu of statements filed directly with the secretary of state
 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 New York registered
 foreign limited liability partnership required  to  file  the  statement
 specified in this paragraph 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 paragraph directly with the  department
 of  state.  However,  each New York registered foreign limited liability
 partnership required to file a statement under this section must contin-
 ue to file a statement with the department of state as required by  this
 section until the New York registered foreign limited liability partner-
 ship  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  New  York  registered  foreign limited liability partnership
 shall continue to provide annually the statement specified in this para-
 graph on its filing fee payment form in lieu  of  filing  the  statement
 required  by  this  paragraph directly with the department of state. The
 commissioner of taxation and finance shall deliver the completed  state-
 ment  specified in this paragraph to the department of state for filing.
 The department of taxation and finance must,  to  the  extent  feasible,
 also  include  in  such delivery the current name of the New York regis-
 tered foreign limited liability partnership, department of  state  iden-
 tification number for such New York registered foreign limited liability
 partnership,  the  name,  signature  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.] NO FEE SHALL

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 BE COLLECTED FOR THE FILING OF THE STATEMENT. If a New  York  registered
 foreign  limited  liability partnership shall not timely file the state-
 ment required by this subdivision, the department  of  state  may,  upon
 sixty  days'  notice  mailed  to the address of such New York registered
 foreign limited liability partnership as shown in  the  last  notice  or
 statement  or certificate of amendment filed by such New York registered
 foreign limited liability partnership, make a proclamation declaring the
 status of such New York registered foreign limited liability partnership
 to be revoked pursuant to this subdivision. [This shall not apply to New
 York registered foreign limited liability partnerships that have filed a
 statement with the department of state through the department  of  taxa-
 tion and finance.] The department of state shall file the original proc-
 lamation  in  its  office  and shall publish a copy thereof in the state
 register no later than three months following the date of such proclama-
 tion. Upon the publication of such proclamation in the manner aforesaid,
 the status of each New York registered foreign limited  liability  part-
 nership  named  in  such  proclamation  shall  be deemed revoked without
 further legal proceedings.  Any  New  York  registered  foreign  limited
 liability  partnership  whose  status  was  so  revoked  may file in the
 department of state a statement required by this subdivision. The filing
 of such statement  shall  have  the  effect  of  annulling  all  of  the
 proceedings  theretofore  taken for the revocation of the status of such
 New York registered foreign limited  liability  partnership  under  this
 subdivision  and  (1)  the New York registered foreign limited liability
 partnership shall thereupon have such powers, rights, duties  and  obli-
 gations  as  it  had on the date of the publication of the proclamation,
 with the same force and effect as if such proclamation had not been made
 or published and (2) such publication shall not affect the applicability
 of the laws of the jurisdiction governing the agreement under which such
 New York registered foreign limited liability partnership  is  operating
 (including  laws governing the liability of partners) to any debt, obli-
 gation or liability incurred, created or assumed from the date of publi-
 cation of the proclamation through the date of the filing of the  state-
 ment  with  the  department  of state. If, after the publication of such
 proclamation, it shall be determined by the department of state that the
 name of any New York registered foreign  limited  liability  partnership
 was  erroneously  included in such proclamation, the department of state
 shall make appropriate entry on its records, which entry shall have  the
 effect  of  annulling  all  of the proceedings theretofore taken for the
 revocation of the status of such New  York  registered  foreign  limited
 liability  partnership  under  this  subdivision  and  (1) such New York
 registered foreign limited liability partnership shall have such powers,
 rights, duties and obligations as it had on the date of the  publication
 of the proclamation, with the same force and effect as if such proclama-
 tion  had  not been made or published and (2) such publication shall not
 affect the applicability of the laws of the jurisdiction  governing  the
 agreement under which such New York registered foreign limited liability
 partnership  is  operating  (including  laws  governing the liability of
 partners) to any debt, obligation  or  liability  incurred,  created  or
 assumed  from  the  date  of publication of the proclamation through the
 date of the making of the entry on the  records  of  the  department  of
 state. Whenever a New York registered foreign limited liability partner-
 ship  whose  status was revoked shall have filed a statement pursuant to
 this subdivision or if the name of a New York registered foreign limited
 liability partnership was erroneously included  in  a  proclamation  and

 S. 7508--A                         104                        A. 9508--A
 
 such  proclamation was annulled, the department of state shall publish a
 notice thereof in the state register.
   § 15. Subdivision 5 of section 192 of the tax law is REPEALED.
   § 16. Subdivision 15 of section 211 of the tax law is REPEALED.
   § 17. Subparagraph (e) of paragraph 3 of subsection (c) of section 658
 of the tax law is REPEALED.
   § 18. Subsection (v) of section 1085 of the tax law is REPEALED.
   § 19. Subsection (dd) of section 685 of the tax law is REPEALED.
   §  20.  This  act shall become effective upon the development of a new
 computerized filing system currently being developed by  the  department
 of  state;  provided further, however, that the secretary of state shall
 notify the legislative bill drafting commission upon the  occurrence  of
 the  development  of a new computerized filing system being developed by
 the department of state 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;  and  provided,  however, sections two, three, four, six,
 seven, eight, twelve, fourteen, fifteen,  sixteen,  seventeen,  eighteen
 and nineteen of this act shall take effect April 1, 2021.
 
                                  PART Y

   Section  1.  Expenditures  of  moneys appropriated in a chapter of the
 laws of 2020 to the department  of  agriculture  and  markets  from  the
 special  revenue  funds-other/state  operations,  miscellaneous  special
 revenue fund-339,  public  service  account  shall  be  subject  to  the
 provisions  of  this section. Notwithstanding any other provision of law
 to the contrary, direct and indirect expenses relating to the department
 of  agriculture  and  markets'  participation  in   general   ratemaking
 proceedings  pursuant to section 65 of the public service law or certif-
 ication proceedings pursuant to article 7 or 10 of  the  public  service
 law, shall be deemed expenses of the department of public service within
 the  meaning  of  section  18-a of the public service law. No later than
 August 15, 2021, the commissioner of the department of  agriculture  and
 markets  shall submit an accounting of such expenses, including, but not
 limited to, expenses in the 2020--2021 state fiscal  year  for  personal
 and  non-personal  services  and  fringe  benefits,  to the chair of the
 public service  commission  for  the  chair's  review  pursuant  to  the
 provisions of section 18-a of the public service law.
   §  2.  Expenditures of moneys appropriated in a chapter of the laws of
 2020 to  the  department  of  state  from  the  special  revenue  funds-
 other/state  operations,  miscellaneous special revenue fund-339, public
 service account shall be subject to  the  provisions  of  this  section.
 Notwithstanding  any  other provision of law to the contrary, direct and
 indirect expenses relating  to  the  activities  of  the  department  of
 state's  utility  intervention unit pursuant to subdivision 4 of section
 94-a of the executive law, including, but not limited  to  participation
 in  general  ratemaking proceedings pursuant to section 65 of the public
 service law or certification proceedings pursuant to article 7 or 10  of
 the  public  service  law, shall be deemed expenses of the department of
 public service within the meaning of section 18-a of the public  service
 law.  No later than August 15, 2021, the secretary of state shall submit
 an  accounting of such expenses, including, but not limited to, expenses
 in the 2020--2021  state  fiscal  year  for  personal  and  non-personal
 services and fringe benefits, to the chair of the public service commis-

 S. 7508--A                         105                        A. 9508--A
 
 sion  for  the chair's review pursuant to the provisions of section 18-a
 of the public service law.
   §  3.  Expenditures of moneys appropriated in a chapter of the laws of
 2020 to the office of parks, recreation and historic  preservation  from
 the  special revenue funds-other/state operations, miscellaneous special
 revenue fund-339,  public  service  account  shall  be  subject  to  the
 provisions  of  this section. Notwithstanding any other provision of law
 to the contrary, direct and indirect expenses relating to the office  of
 parks,  recreation  and historic preservation's participation in general
 ratemaking proceedings pursuant to section 65 of the public service  law
 or  certification  proceedings pursuant to article 7 or 10 of the public
 service law, shall be  deemed  expenses  of  the  department  of  public
 service within the meaning of section 18-a of the public service law. No
 later  than  August  15,  2021, the commissioner of the office of parks,
 recreation and historic preservation shall submit an accounting of  such
 expenses,  including,  but  not  limited  to, expenses in the 2020--2021
 state fiscal year for personal  and  non-personal  services  and  fringe
 benefits,  to the chair of the public service commission for the chair's
 review pursuant to the provisions of section 18-a of the public  service
 law.
   §  4.  Expenditures of moneys appropriated in a chapter of the laws of
 2020 to the department of environmental conservation  from  the  special
 revenue funds-other/state operations, environmental conservation special
 revenue  fund-301,  utility  environmental  regulation  account shall be
 subject to the provisions of this  section.  Notwithstanding  any  other
 provision  of law to the contrary, direct and indirect expenses relating
 to the department of environmental conservation's participation in state
 energy policy proceedings,  or  certification  proceedings  pursuant  to
 article  7  or 10 of the public service law, shall be deemed expenses of
 the department of public service within the meaning of section  18-a  of
 the  public service law. No later than August 15, 2021, the commissioner
 of the department of environmental conservation shall submit an account-
 ing of such expenses, including, but not limited  to,  expenses  in  the
 2020--2021  state fiscal year for personal and non-personal services and
 fringe benefits, to the chair of the public service commission  for  the
 chair's  review pursuant to the provisions of section 18-a of the public
 service law.
   § 5. Notwithstanding any other law, rule or regulation to the  contra-
 ry,  expenses  of  the  department  of  health  public service education
 program incurred pursuant to appropriations from  the  cable  television
 account of the state miscellaneous special revenue funds shall be deemed
 expenses  of  the department of public service. No later than August 15,
 2021, the commissioner of the  department  of  health  shall  submit  an
 accounting  of expenses in the 2020--2021 state fiscal year to the chair
 of the public service commission for the chair's review pursuant to  the
 provisions of section 217 of the public service law.
   §  6.  Any  expense  deemed to be expenses of the department of public
 service pursuant to sections one through four of this act shall  not  be
 recovered  through  assessments  imposed  upon telephone corporations as
 defined in subdivision 17 of section 2 of the public service law.
   § 7. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2020.
 
                                  PART Z

 S. 7508--A                         106                        A. 9508--A
 
   Section 1. Section 25-a of the public service law, as added by section
 2  of  part  X  of chapter 57 of the laws of 2013, is amended to read as
 follows:
   §  25-a.  Combination  gas  and  electric corporations; administrative
 sanctions; recovery of penalties. Notwithstanding  sections  twenty-four
 and  twenty-five  of this article: 1. Every combination gas and electric
 corporation and the officers thereof shall adhere to every provision  of
 this  chapter  and  every order or regulation adopted under authority of
 this chapter so long as the same shall be in force.
   2. (a) The commission shall have  the  authority  to  assess  a  civil
 penalty  IN  AN AMOUNT AS SET FORTH IN THIS SECTION AND IMPOSE ANY OTHER
 REQUIRED RELIEF against a combination gas and electric  corporation  and
 the  officers thereof subject to the jurisdiction, supervision, or regu-
 lation pursuant to this chapter [in an  amount  as  set  forth  in  this
 section]. In determining the amount of any penalty to be assessed pursu-
 ant  to this section, the commission shall consider: (i) the seriousness
 of the violation for which a penalty is  sought;  (ii)  the  nature  and
 extent of any previous violations for which penalties have been assessed
 against the corporation or officer; (iii) whether there was knowledge of
 the  violation;  (iv)  the  gross  revenues  and financial status of the
 corporation; and (v) such other  factors  as  the  commission  may  deem
 appropriate  and relevant. The remedies provided by this subdivision are
 in addition to any other remedies provided in law OR EQUITY.
   (b) [Whenever the commission has reason to believe that a  combination
 gas  and electric corporation or such officers thereof should be subject
 to imposition of a civil penalty as set forth in  this  subdivision,  it
 shall  notify  such  corporation or officer.] TO INFORM THE COMMISSION'S
 DECISION UNDER THIS SECTION, THE DEPARTMENT IS AUTHORIZED, PURSUANT TO A
 REFERRAL MADE BY THE CHIEF  EXECUTIVE  OFFICER  OF  THE  DEPARTMENT,  TO
 COMMENCE A PROCEEDING PURSUANT TO THIS SECTION UPON ISSUANCE OF A NOTICE
 OF  VIOLATION  IF IT BELIEVES THAT A COMBINATION GAS AND ELECTRIC CORPO-
 RATION, OR SUCH OFFICERS THEREOF, MAY BE  SUBJECT  TO  IMPOSITION  OF  A
 CIVIL  PENALTY AS SET FORTH IN THIS SUBDIVISION AND/OR SUCH OTHER RELIEF
 AS MAY BE REQUIRED TO ADDRESS SUCH ALLEGED VIOLATION. Such notice  shall
 include,  but  shall  not  be  limited  to:  (i)  the  date  and a brief
 description of the facts and nature of each act or failure  to  act  for
 which  such penalty is proposed; (ii) a list of each statute, regulation
 or order that the [commission] DEPARTMENT  alleges  has  been  violated;
 [and]  (iii) the amount of each penalty that the [commission] DEPARTMENT
 proposes [to assess] BE ASSESSED; AND (IV) ANY PROPOSED ACTIONS THAT THE
 DEPARTMENT  DEEMS  NECESSARY  TO  ADDRESS  SUCH  ALLEGED  VIOLATION   OR
 VIOLATIONS. TO FURTHER INFORM THE COMMISSION'S DECISION PURSUANT TO THIS
 SUBDIVISION,  THE  DEPARTMENT  IS AUTHORIZED TO UNDERTAKE ANY ADDITIONAL
 ADMINISTRATIVE OR INVESTIGATORY ACTIONS RELATED  TO  SUCH  VIOLATION  OR
 VIOLATIONS,  INCLUDING  BUT NOT LIMITED TO, SERVICE OF AN ADMINISTRATIVE
 COMPLAINT, IMPLEMENTATION OF DISCOVERY, AND THE HOLDING  OF  EVIDENTIARY
 HEARINGS.
   (c)  [Whenever the commission has reason to believe that a combination
 gas and electric corporation or such officers thereof should be  subject
 to  imposition  of  a  civil  penalty  or penalties as set forth in this
 subdivision, the commission shall hold a hearing to demonstrate why  the
 proposed  penalty  or penalties should be assessed against such combina-
 tion gas and electric corporation or such officers]  ANY  ASSESSMENT  OF
 PENALTIES,  RESOLUTION OF CLAIMS OR IMPOSITION OF OTHER RELIEF LEVIED BY
 THE DEPARTMENT PURSUANT TO  AN  INVESTIGATION  OR  COMPLIANT  PROCEEDING

 S. 7508--A                         107                        A. 9508--A
 
 COMMENCED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE SUBJECT
 TO REVIEW AND APPROVAL BY THE COMMISSION.
   3.  Any  combination  gas  and  electric corporation determined by the
 commission to have failed to [reasonably] comply, as shown by a  prepon-
 derance of the evidence, with a provision of this chapter, regulation or
 an  order  adopted  under  authority of this chapter so long as the same
 shall be in force shall forfeit a sum not exceeding the greater  of  one
 hundred  thousand  dollars  or  two one-hundredths of one percent of the
 annual intrastate  gross  operating  revenue  of  the  corporation,  not
 including  taxes  paid to and revenues collected on behalf of government
 entities, constituting a civil penalty for each and every  offense  and,
 in  the case of a continuing violation, each day shall be deemed a sepa-
 rate and distinct offense.
   4.  Notwithstanding  the  provisions  of  subdivision  three  of  this
 section, any such combination gas and electric corporation determined by
 the commission to have failed to [reasonably] comply with a provision of
 this  chapter,  or an order or regulation adopted under the authority of
 this  chapter  specifically  for  the  protection  of  human  safety  or
 prevention  of  significant  damage to real property, including, but not
 limited to, the commission's code of gas safety regulations shall, if it
 is determined by the commission by a preponderance of the evidence  that
 such  safety  violation  caused  or constituted a contributing factor in
 bringing about:  (a) a death or personal injury; or (b) damage  to  real
 property  in  excess  of  fifty  thousand  dollars, forfeit a sum not to
 exceed the greater of:
   (i) two hundred fifty thousand dollars or three one-hundredths of  one
 percent  of  the annual intrastate gross operating revenue of the corpo-
 ration, not including taxes paid to and revenues collected on behalf  of
 government  entities, whichever is greater, constituting a civil penalty
 for each separate and distinct  offense;  provided,  however,  that  for
 purposes of this paragraph, each day of a continuing violation shall not
 be deemed a separate and distinct offense. The total period of a contin-
 uing  violation, as well as every distinct violation, shall be similarly
 treated as a separate and distinct offense for purposes  of  this  para-
 graph; or
   (ii)  the maximum forfeiture determined in accordance with subdivision
 three of this section.
   5. Notwithstanding the provisions of subdivision three or four of this
 section, a combination gas and electric corporation  determined  by  the
 commission  to  have failed to [reasonably] comply by a preponderance of
 the evidence with a provision of this chapter, or an order or regulation
 adopted under authority of this chapter, designed to protect the overall
 reliability and continuity of electric service, including but not limit-
 ed to the restoration of electric service following a major outage event
 or emergency, shall forfeit a sum not to exceed the greater of:
   (a) five hundred  thousand  dollars  or  four  one-hundredths  of  one
 percent  of  the annual intrastate gross operating revenue of the corpo-
 ration, not including taxes paid to and revenues collected on behalf  of
 government  entities, whichever is greater, constituting a civil penalty
 for each separate and distinct  offense;  provided,  however,  that  for
 purposes  of this paragraph each day of a continuing violation shall not
 be deemed a separate and distinct offense. The total period of a contin-
 uing violation, as well as every distinct violation shall  be  similarly
 treated  as  a  separate and distinct offense for purposes of this para-
 graph; or

 S. 7508--A                         108                        A. 9508--A
 
   (b) the maximum forfeiture determined in accordance  with  subdivision
 three of this section.
   6.  Any officer of any combination gas and electric corporation deter-
 mined by the commission to have violated the provisions  of  subdivision
 three,  four,  or  five  of  this  section, and who knowingly violates a
 provision of this chapter, regulation or an order adopted under authori-
 ty of this chapter so long as the same shall be in force shall forfeit a
 sum not to exceed one hundred  thousand  dollars  constituting  a  civil
 penalty  for  each  and  every  offense and, in the case of a continuing
 violation, each day shall be deemed a separate and distinct offense.
   7. [Any such assessment may be  compromised  or  discontinued  by  the
 commission.]  All  moneys  recovered  pursuant to this section, together
 with the costs thereof, shall be remitted to, or for the benefit of, the
 ratepayers in a manner to be determined by the commission.
   8. Upon a failure by a combination gas  and  electric  corporation  or
 officer to remit any penalty assessed by the commission pursuant to this
 section, the commission, through its counsel, may institute an action or
 special proceeding to collect the penalty in a court of competent juris-
 diction.
   9.  Any  payment made by a combination gas and electric corporation or
 the officers thereof as a result of an assessment as  provided  in  this
 section,  and  the  cost  of litigation and investigation related to any
 such assessment, shall not be recoverable from ratepayers.
   10. In construing and enforcing the provisions of this chapter  relat-
 ing to penalties, the act of any director, officer, agent or employee of
 a  combined  gas and electric corporation acting within the scope of his
 or her official duties or employment shall be deemed to be  the  act  of
 such corporation.
   11. It shall be a violation of this chapter should a director, officer
 or  employee  of a public utility company, corporation, person acting in
 his or her official duties or employment, or an agent acting  on  behalf
 of  an  employer  take  retaliatory  personnel action such as discharge,
 suspension, demotion, penalization or discrimination against an employee
 for reporting a violation of a provision of  this  chapter  [of]  OR  an
 order or regulation adopted under the authority of this chapter, includ-
 ing,  but  not  limited  to,  those governing safe and adequate service,
 protection of human safety or prevention of significant damage  to  real
 property,  including,  but  not limited to, the commission's code of gas
 safety.  Nothing in this subdivision shall be  deemed  to  diminish  the
 rights,  privileges  or  remedies of any employee under any other law or
 regulation, including but not limited to article twenty-C of  the  labor
 law  and  section  seventy-five-b of the civil service law, or under any
 collective bargaining agreement or employment contract.
   § 2. The public service law is amended by adding a new section 25-b to
 read as follows:
   § 25-B.  ADMINISTRATIVE  ACTIONS  AGAINST  OTHER  REGULATED  ENTITIES.
 NOTWITHSTANDING  ANY  OTHER  PROVISION  OF THIS CHAPTER, SECTION TWENTY-
 FIVE-A OF THIS ARTICLE SHALL APPLY IN EQUAL FORCE TO:  (1)  AN  ELECTRIC
 CORPORATION  AS  DEFINED  IN SUBDIVISION THIRTEEN OF SECTION TWO OF THIS
 CHAPTER; (2) A GAS CORPORATION  AS  DEFINED  IN  SUBDIVISION  ELEVEN  OF
 SECTION  TWO  OF  THIS  CHAPTER; (3) A CABLE TELEVISION COMPANY OR CABLE
 TELEVISION SYSTEM AS DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION  TWO
 HUNDRED  TWELVE  OF THIS CHAPTER; (4) A TELEPHONE CORPORATION AS DEFINED
 IN SUBDIVISION SEVENTEEN OF SECTION TWO OF THIS  CHAPTER;  (5)  A  STEAM
 CORPORATION  AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION TWO OF THIS

 S. 7508--A                         109                        A. 9508--A
 
 CHAPTER; AND (6) A WATER-WORKS CORPORATION  AS  DEFINED  IN  SUBDIVISION
 TWENTY-SEVEN OF SECTION TWO OF THIS CHAPTER.
   § 3. This act shall take effect immediately.
 
                                  PART AA
 
   Section  1.  The public service law is amended by adding a new article
 12 to read as follows:
                                ARTICLE 12
             PROVISIONS RELATING TO INTERNET SERVICE PROVIDERS
 SECTION 250. DEFINITIONS.
         251. PROHIBITIONS.
         252. CONSUMER NOTICE OF SERVICE PRACTICES.
         253. ANNUAL CERTIFICATION.
         254. ADMINISTRATION AND ENFORCEMENT.
         255. SEVERABILITY.
   § 250. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "APPLICATION-AGNOSTIC"  MEANS  NOT DIFFERENTIATING ON THE BASIS OF
 SOURCE, DESTINATION, INTERNET CONTENT, APPLICATION, SERVICE, OR  DEVICE,
 OR CLASS OF INTERNET CONTENT, APPLICATION, SERVICE, OR DEVICE.
   2.  "APPLICATION-SPECIFIC DIFFERENTIAL PRICING" MEANS CHARGING DIFFER-
 ENT PRICES FOR INTERNET TRAFFIC TO CUSTOMERS ON THE  BASIS  OF  INTERNET
 CONTENT,  APPLICATION, SERVICE, OR DEVICE, OR CLASS OF INTERNET CONTENT,
 APPLICATION, SERVICE, OR DEVICE, BUT SHALL NOT INCLUDE ZERO-RATING.
   3. "BROADBAND INTERNET ACCESS  SERVICE"  MEANS  A  MASS-MARKET  RETAIL
 SERVICE  BY WIRE OR RADIO PROVIDED TO CUSTOMERS IN THE STATE OF NEW YORK
 THAT PROVIDES THE CAPABILITY TO TRANSMIT DATA TO, AND RECEIVE DATA FROM,
 ALL OR SUBSTANTIALLY ALL INTERNET ENDPOINTS, INCLUDING ANY  CAPABILITIES
 THAT  ARE  INCIDENTAL  TO AND ENABLE THE OPERATION OF THE COMMUNICATIONS
 SERVICE, BUT EXCLUDING DIAL-UP  INTERNET  ACCESS  SERVICE.    "BROADBAND
 INTERNET  ACCESS  SERVICE"  SHALL ALSO ENCOMPASS ANY SERVICE PROVIDED TO
 CUSTOMERS IN THE STATE OF NEW YORK THAT PROVIDES A FUNCTIONAL EQUIVALENT
 OF SUCH SERVICE OR THAT IS USED TO EVADE THE PROTECTIONS  SET  FORTH  IN
 THIS CHAPTER.
   4.  "CLASS OF INTERNET CONTENT, APPLICATION, SERVICE, OR DEVICE" MEANS
 INTERNET CONTENT, OR A GROUP  OF  INTERNET  APPLICATIONS,  SERVICES,  OR
 DEVICES, SHARING A COMMON CHARACTERISTIC, INCLUDING, BUT NOT LIMITED TO,
 SHARING  THE  SAME  SOURCE OR DESTINATION, BELONGING TO THE SAME TYPE OF
 CONTENT, APPLICATION, SERVICE, OR DEVICE, USING THE SAME APPLICATION  OR
 TRANSPORT-LAYER  PROTOCOL,  OR HAVING SIMILAR TECHNICAL CHARACTERISTICS,
 INCLUDING, BUT NOT LIMITED TO, THE SIZE, SEQUENCING, OR TIMING OF  PACK-
 ETS OR SENSITIVITY TO DELAY.
   5.  "CONTENT,  APPLICATIONS,  OR  SERVICES" MEANS ALL INTERNET TRAFFIC
 TRANSMITTED TO OR FROM END USERS OF A BROADBAND INTERNET ACCESS SERVICE,
 INCLUDING TRAFFIC THAT MAY NOT FIT CLEARLY INTO ANY OF THESE CATEGORIES.
   6. "EDGE PROVIDER" MEANS ANY INDIVIDUAL OR ENTITY  THAT  PROVIDES  ANY
 CONTENT,  APPLICATION,  OR SERVICE OVER THE INTERNET, AND ANY INDIVIDUAL
 OR ENTITY THAT PROVIDES A DEVICE USED FOR ACCESSING ANY CONTENT,  APPLI-
 CATION, OR SERVICE OVER THE INTERNET.
   7.  "END  USER"  MEANS  ANY INDIVIDUAL OR ENTITY THAT USES A BROADBAND
 INTERNET ACCESS SERVICE.
   8. "INTERNET SERVICE PROVIDER" OR "ISP" MEANS A BUSINESS THAT PROVIDES
 BROADBAND INTERNET ACCESS SERVICE TO AN INDIVIDUAL, CORPORATION, GOVERN-
 MENT, OR OTHER CUSTOMER IN THE STATE OF NEW YORK.

 S. 7508--A                         110                        A. 9508--A
 
   9. "ISP TRAFFIC EXCHANGE"  MEANS  THE  EXCHANGE  OF  INTERNET  TRAFFIC
 DESTINED  FOR,  OR  ORIGINATING FROM, AN INTERNET SERVICE PROVIDER'S END
 USERS BETWEEN THE INTERNET SERVICE PROVIDER'S NETWORK AND ANOTHER  INDI-
 VIDUAL OR ENTITY.
   10.  "MASS MARKET" MEANS A SERVICE MARKETED AND SOLD ON A STANDARDIZED
 BASIS TO RESIDENTIAL CUSTOMERS,  SMALL  BUSINESSES,  AND  OTHER  END-USE
 CUSTOMERS, INCLUDING, BUT NOT LIMITED TO, SCHOOLS, INSTITUTIONS OF HIGH-
 ER LEARNING AND LIBRARIES.
   11.  "MOBILE  BROADBAND  INTERNET  ACCESS"  MEANS A BROADBAND INTERNET
 ACCESS SERVICE THAT SERVES END USERS PRIMARILY USING MOBILE STATIONS.
   12. "NETWORK MANAGEMENT PRACTICE" MEANS A PRACTICE THAT HAS A PRIMARI-
 LY TECHNICAL NETWORK MANAGEMENT JUSTIFICATION.
   13. "REASONABLE NETWORK MANAGEMENT PRACTICE" MEANS A  NETWORK  MANAGE-
 MENT  PRACTICE  THAT IS PRIMARILY USED FOR, AND TAILORED TO, ACHIEVING A
 LEGITIMATE NETWORK MANAGEMENT PURPOSE, TAKING INTO ACCOUNT  THE  PARTIC-
 ULAR  NETWORK  ARCHITECTURE  AND  TECHNOLOGY  OF  THE BROADBAND INTERNET
 ACCESS SERVICE.
   14. "THIRD-PARTY PAID  PRIORITIZATION"  MEANS  THE  MANAGEMENT  OF  AN
 INTERNET SERVICE PROVIDER'S NETWORK TO DIRECTLY OR INDIRECTLY FAVOR SOME
 TRAFFIC  OVER  OTHER  TRAFFIC,  INCLUDING  THE USE OF TECHNIQUES SUCH AS
 TRAFFIC SHAPING, PRIORITIZATION, RESOURCE RESERVATION, OR OTHER FORMS OF
 PREFERENTIAL TRAFFIC MANAGEMENT, EITHER:
   (A) IN EXCHANGE FOR CONSIDERATION, MONETARY OR OTHERWISE, FROM A THIRD
 PARTY; OR
   (B) TO BENEFIT AN AFFILIATED ENTITY.
   15. "ZERO-RATING" MEANS EXEMPTING SOME INTERNET TRAFFIC FROM A CUSTOM-
 ER'S DATA USAGE LIMITATION.
   § 251. PROHIBITIONS. 1. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF
 THIS CHAPTER, IT SHALL BE UNLAWFUL FOR AN ISP,  IN  PROVIDING  BROADBAND
 INTERNET  ACCESS SERVICE IN THE STATE, TO ENGAGE IN ANY OF THE FOLLOWING
 ACTIVITIES:
   (A) BLOCKING LAWFUL CONTENT, APPLICATIONS,  SERVICES,  OR  NON-HARMFUL
 DEVICES, SUBJECT TO REASONABLE NETWORK MANAGEMENT PRACTICES.
   (B)  THROTTLING, ALTERING, RESTRICTING, INTERFERING WITH, OR OTHERWISE
 DIRECTLY  OR  INDIRECTLY  FAVORING,  DISADVANTAGING,  OR  DISCRIMINATING
 BETWEEN  LAWFUL  INTERNET  TRAFFIC  ON THE BASIS OF SOURCE, DESTINATION,
 INTERNET CONTENT, APPLICATION, OR  SERVICE,  OR  USE  OF  A  NON-HARMFUL
 DEVICE,  OR  OF CLASS OF INTERNET CONTENT, APPLICATION, SERVICE, OR NON-
 HARMFUL DEVICE, SUBJECT TO REASONABLE NETWORK MANAGEMENT PRACTICES.
   (C) ENGAGING IN THIRD-PARTY PAID PRIORITIZATION.
   (D) ENGAGING IN APPLICATION-SPECIFIC DIFFERENTIAL PRICING OR ZERO-RAT-
 ING IN EXCHANGE FOR  CONSIDERATION,  MONETARY  OR  OTHERWISE,  BY  THIRD
 PARTIES.
   (E)  ZERO-RATING  SOME  INTERNET  CONTENT,  APPLICATIONS, SERVICES, OR
 DEVICES IN A CATEGORY OF INTERNET CONTENT,  APPLICATIONS,  SERVICES,  OR
 DEVICES, BUT NOT THE ENTIRE CATEGORY.
   (F) ENGAGING IN APPLICATION-SPECIFIC DIFFERENTIAL PRICING.
   (G)  UNREASONABLY  INTERFERING  WITH,  OR UNREASONABLY DISADVANTAGING,
 EITHER AN END USER'S ABILITY TO SELECT, ACCESS, AND USE BROADBAND INTER-
 NET ACCESS SERVICE OR LAWFUL INTERNET CONTENT,  APPLICATIONS,  SERVICES,
 OR  DEVICES  OF  THE  END  USER'S  CHOICE, SUBJECT TO REASONABLE NETWORK
 MANAGEMENT PRACTICES.
   (H)  ENGAGING  IN  PRACTICES  WITH  RESPECT  TO,  RELATED  TO,  OR  IN
 CONNECTION  WITH  ISP TRAFFIC EXCHANGE THAT HAS THE PURPOSE OR EFFECT OF
 CIRCUMVENTING OR UNDERMINING THE EFFECTIVENESS OF THIS SECTION.

 S. 7508--A                         111                        A. 9508--A
 
   (I) ENGAGING IN  DECEPTIVE  OR  MISLEADING  MARKETING  PRACTICES  THAT
 MISREPRESENT  THE  TREATMENT OF INTERNET TRAFFIC, CONTENT, APPLICATIONS,
 SERVICE OR DEVICES BY THE INTERNET SERVICE PROVIDER, OR  THAT  MISREPRE-
 SENT  THE  PERFORMANCE CHARACTERISTICS OR COMMERCIAL TERMS OF THE BROAD-
 BAND INTERNET ACCESS SERVICE TO ITS CUSTOMERS.
   (J)  ADVERTISING,  OFFERING  FOR  SALE  OR  SELLING BROADBAND INTERNET
 ACCESS SERVICE  WITHOUT  PROMINENTLY  DISCLOSING  WITH  SPECIFICITY  ALL
 ASPECTS OF THE SERVICE ADVERTISED, OFFERED FOR SALE OR SOLD.
   (K)  FAILING  TO  PUBLICLY DISCLOSE ACCURATE INFORMATION REGARDING THE
 NETWORK MANAGEMENT PRACTICES, PERFORMANCE, AND COMMERCIAL TERMS  OF  ITS
 BROADBAND  INTERNET  ACCESS  SERVICES  SUFFICIENT  FOR CONSUMERS TO MAKE
 INFORMED CHOICES REGARDING USE OF THOSE SERVICES AND FOR CONTENT, APPLI-
 CATION, SERVICE AND DEVICE PROVIDERS TO  DEVELOP,  MARKET  AND  MAINTAIN
 INTERNET OFFERINGS.
   (L)  OFFERING  OR  PROVIDING  SERVICES  OTHER  THAN BROADBAND INTERNET
 ACCESS SERVICE THAT ARE DELIVERED OVER THE SAME LAST-MILE CONNECTION  AS
 THE  BROADBAND INTERNET ACCESS SERVICE, IF THOSE SERVICES SATISFY ANY OF
 THE FOLLOWING CONDITIONS:
   (I) SUCH SERVICES ARE MARKETED, PROVIDE OR CAN BE USED AS A FUNCTIONAL
 EQUIVALENT OF BROADBAND INTERNET ACCESS SERVICE;
   (II) SUCH SERVICES HAVE THE PURPOSE  OR  EFFECT  OF  CIRCUMVENTING  OR
 UNDERMINING THE EFFECTIVENESS OF THIS SECTION; OR
   (III)  SUCH  SERVICES  NEGATIVELY  AFFECT THE PERFORMANCE OF BROADBAND
 INTERNET ACCESS SERVICE.
   2. (A) AN INTERNET SERVICE PROVIDER MAY OFFER DIFFERENT TYPES OF TECH-
 NICAL TREATMENT TO END USERS AS PART OF ITS  BROADBAND  INTERNET  ACCESS
 SERVICE,  WITHOUT  VIOLATING  THE  PROVISIONS OF SUBDIVISION ONE OF THIS
 SECTION, IF ALL OF THE FOLLOWING CONDITIONS EXIST:
   (I) THE DIFFERENT TYPES OF TECHNICAL TREATMENT ARE  EQUALLY  AVAILABLE
 TO  ALL  INTERNET  CONTENT,  APPLICATIONS, SERVICES AND DEVICES, AND ALL
 CLASSES OF INTERNET CONTENT, APPLICATIONS, SERVICES AND DEVICES, AND THE
 INTERNET SERVICE PROVIDER DOES NOT DISCRIMINATE IN THE PROVISION OF  THE
 DIFFERENT TYPES OF TECHNICAL TREATMENT ON THE BASIS OF INTERNET CONTENT,
 APPLICATION,  SERVICE  OR DEVICE, OR CLASS OF INTERNET CONTENT, APPLICA-
 TION, SERVICE OR DEVICE;
   (II) THE INTERNET SERVICE PROVIDER'S END  USERS  ARE  ABLE  TO  CHOOSE
 WHETHER,  WHEN,  AND FOR WHICH INTERNET CONTENT, APPLICATIONS, SERVICES,
 OR DEVICES, OR CLASSES OF INTERNET CONTENT, APPLICATIONS,  SERVICES,  OR
 DEVICES, TO USE EACH TYPE OF TECHNICAL TREATMENT; AND
   (III)  THE  INTERNET  SERVICE  PROVIDER CHARGES ONLY ITS OWN BROADBAND
 INTERNET ACCESS SERVICE CUSTOMERS FOR THE USE OF THE DIFFERENT TYPES  OF
 TECHNICAL TREATMENT.
   (B)  ANY INTERNET SERVICE PROVIDER OFFERING DIFFERENT TYPES OF TECHNI-
 CAL TREATMENT PURSUANT TO THIS SUBDIVISION SHALL NOTIFY  THE  DEPARTMENT
 AND PROVIDE THE DEPARTMENT WITH A SAMPLE OF ANY SERVICE CONTRACT THAT IT
 OFFERS TO CUSTOMERS IN THE STATE OF NEW YORK.
   3.  AN  INTERNET  SERVICE  PROVIDER  MAY ZERO-RATE INTERNET TRAFFIC IN
 APPLICATION-AGNOSTIC WAYS, WITHOUT VIOLATING THE PROVISIONS OF  SUBDIVI-
 SION  ONE  OF  THIS SECTION, PROVIDED THAT NO CONSIDERATION, MONETARY OR
 OTHERWISE, IS PROVIDED BY ANY THIRD PARTY IN EXCHANGE FOR THE PROVIDER'S
 DECISION TO ZERO-RATE OR TO NOT ZERO-RATE TRAFFIC.
   4. NOTHING IN THIS SECTION PROHIBITS AN ISP FROM MEETING AN OBLIGATION
 TO ADDRESS THE NEEDS OF EMERGENCY  COMMUNICATIONS  OR  LAW  ENFORCEMENT,
 PUBLIC  SAFETY  OR  NATIONAL SECURITY AUTHORITIES, CONSISTENT WITH OR AS
 PERMITTED BY APPLICABLE LAW, OR LIMITS THE ISP'S ABILITY TO DO SO.

 S. 7508--A                         112                        A. 9508--A
 
   § 252. CONSUMER NOTICE OF SERVICE PRACTICES. AN ISP  PROVIDING  BROAD-
 BAND  SERVICE  IN  THE  STATE  SHALL MAKE PUBLICLY AVAILABLE AN ACCURATE
 DESCRIPTION OF SUCH ISP'S NETWORK MANAGEMENT PRACTICES, PERFORMANCE  AND
 COMMERCIAL  TERMS  OF  ITS  BROADBAND INTERNET ACCESS SERVICE BY POSTING
 SUCH  DESCRIPTION  ON  AN ISP CONTROLLED OR MAINTAINED WEBSITE, PROVIDED
 THAT NOTHING IN THIS SECTION SHALL REQUIRE ISPS TO DISCLOSE CONFIDENTIAL
 BUSINESS INFORMATION OR INFORMATION THAT WOULD COMPROMISE NETWORK  SECU-
 RITY.
   §  253. ANNUAL CERTIFICATION. EVERY ISP PROVIDING BROADBAND SERVICE IN
 THE STATE SHALL SUBMIT A CERTIFICATION TO THE DEPARTMENT IN A  FORM  AND
 MANNER  SPECIFIED BY THE COMMISSION, BY JULY FIRST, TWO THOUSAND TWENTY-
 ONE AND ANNUALLY THEREAFTER. SUCH  CERTIFICATION  SHALL  INCLUDE,  AT  A
 MINIMUM:
   1.  A  STATEMENT  INDICATING  WHETHER  THE  ISP  IS IN COMPLIANCE WITH
 SECTIONS TWO HUNDRED FIFTY-ONE AND TWO HUNDRED FIFTY-TWO OF  THIS  ARTI-
 CLE;
   2. A DESCRIPTION OF SUCH ISP'S EFFORTS IN THE PRECEDING YEAR TO INFORM
 END  USERS  OF  THE PROVIDER'S EFFORTS TO ENSURE NET NEUTRAL SERVICE AND
 THE ADDRESS OF THE ISP'S WEBSITE WHERE SUCH INFORMATION IS PROVIDED; AND
   3. ANY OTHER INFORMATION REQUIRED BY RULES PROMULGATED BY THE  DEPART-
 MENT AND APPROVED BY THE COMMISSION.
   §  254.  ADMINISTRATION  AND  ENFORCEMENT.  1. THE COMMISSION SHALL BE
 AUTHORIZED TO PROMULGATE ANY RULES OR REGULATIONS NECESSARY TO IMPLEMENT
 THE PROVISIONS OF THIS ARTICLE.
   2. VIOLATIONS OF ANY DUTY IMPOSED BY THIS ARTICLE SHALL BE ENFORCEABLE
 BY THE COMMISSION. ANY ISP THAT VIOLATES ANY PROVISION OF  OR  FAILS  TO
 PERFORM  ANY  DUTY IMPOSED PURSUANT TO THIS ARTICLE OR ANY RULE OR REGU-
 LATION PROMULGATED PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER
 OF THE COMMISSION MADE PURSUANT TO THIS ARTICLE SHALL BE  LIABLE  FOR  A
 CIVIL  PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH VIOLATION AND
 AN ADDITIONAL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH DAY
 DURING WHICH SUCH VIOLATION CONTINUES.
   3. IN ADDITION TO THE AUTHORITY GRANTED TO THE COMMISSION PURSUANT  TO
 THIS  CHAPTER,  THE  ATTORNEY GENERAL MAY ENFORCE THE PROVISIONS OF THIS
 ARTICLE TO THE EXTENT PERMITTED UNDER SECTION SIXTY-THREE OF THE  EXECU-
 TIVE LAW.
   4.  NOTHING  IN  THIS ARTICLE SHALL PRECLUDE OR PROHIBIT ANY PUBLIC OR
 PRIVATE RIGHT OF ACTION RELATING TO FRAUD OR  DECEPTIVE  BUSINESS  PRAC-
 TICES.
   § 255. SEVERABILITY. THE PROVISIONS OF THIS ARTICLE SHALL BE SEVERABLE
 AND IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS ARTICLE, OR THE
 APPLICABILITY THEREOF TO ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVAL-
 ID,  THE REMAINDER OF THIS ARTICLE AND THE APPLICATION THEREOF SHALL NOT
 BE AFFECTED THEREBY.
   § 2. The state finance law is amended by adding a new section  169  to
 read as follows:
   §  169.  NET NEUTRALITY.  EACH STATE AGENCY SHALL ENTER INTO CONTRACTS
 WITH ONLY THOSE INTERNET SERVICE PROVIDERS THAT HAVE, BY JULY FIRST, TWO
 THOUSAND TWENTY-ONE, CERTIFIED PURSUANT TO SECTION  TWO  HUNDRED  FIFTY-
 THREE  OF  THE  PUBLIC  SERVICE  LAW  THAT  THEY  ARE IN COMPLIANCE WITH
 SECTIONS TWO HUNDRED FIFTY-ONE AND TWO HUNDRED FIFTY-TWO OF  THE  PUBLIC
 SERVICE  LAW.    EACH CONTRACT FOR INTERNET SERVICES PROVIDED TO A STATE
 AGENCY SHALL SPECIFICALLY REQUIRE CERTIFICATION PURSUANT TO SECTION  TWO
 HUNDRED  FIFTY-THREE OF THE PUBLIC SERVICE LAW AND STATE THAT THE INTER-
 NET  SERVICE  PROVIDER  MAY  NOT  BLOCK  LAWFUL  CONTENT,  APPLICATIONS,
 SERVICES,  NON-HARMFUL  DEVICES  OR APPLICATIONS THAT COMPETE WITH OTHER

 S. 7508--A                         113                        A. 9508--A
 
 SERVICES PROVIDED BY SUCH INTERNET SERVICE  PROVIDER.  ANY  CONTRACT  OR
 CONTRACT  RENEWAL ENTERED INTO BY A STATE AGENCY SHALL INCLUDE A BINDING
 AGREEMENT CONSISTENT WITH THE FOREGOING PROVISIONS, AND NO STATE  AGENCY
 SHALL  ENTER INTO A CONTRACT WITH AN INTERNET SERVICE PROVIDER, AN AGENT
 THEREFOR OR OTHER ENTITY OFFERING TO OR PROCURING ON BEHALF OF THE STATE
 AGENCY INTERNET SERVICES UNLESS SUCH CONTRACT CONTAINS  SUCH  A  BINDING
 AGREEMENT.
   § 3. Subdivision 9 of section 160 of the state finance law, as amended
 by chapter 106 of the laws of 2012, is amended to read as follows:
   9.  "State  agency"  or  "state agencies" means all state departments,
 boards, commissions, offices or institutions but excludes, however,  for
 the  purposes of subdivision five of section three hundred fifty-five of
 the education law, the state university of New York  and  excludes,  for
 the  purposes  of subdivision a of section sixty-two hundred eighteen of
 the education law, the city university of New York;  provided,  however,
 that  the  state  university  of New York and the city university of New
 York shall be subject to the provisions of section  one  hundred  sixty-
 five-a  AND SECTION ONE HUNDRED SIXTY-NINE of this article. Furthermore,
 such term shall not include the legislature or the judiciary.
   § 4. The public authorities law is amended by  adding  a  new  section
 2878-c to read as follows:
   §  2878-C.  NET NEUTRALITY. AFTER JULY FIRST, TWO THOUSAND TWENTY-ONE,
 EACH STATE AGENCY SHALL ENTER INTO CONTRACTS WITH  ONLY  THOSE  INTERNET
 SERVICE PROVIDERS THAT HAVE, BY SUCH DATE, CERTIFIED PURSUANT TO SECTION
 TWO  HUNDRED  FIFTY-THREE  OF  THE  PUBLIC  SERVICE LAW THAT THEY ARE IN
 COMPLIANCE WITH SECTIONS TWO HUNDRED FIFTY-ONE AND TWO HUNDRED FIFTY-TWO
 OF THE PUBLIC SERVICE LAW.  EACH CONTRACT FOR INTERNET SERVICES PROVIDED
 TO A STATE AGENCY SHALL SPECIFICALLY REQUIRE CERTIFICATION  PURSUANT  TO
 SECTION TWO HUNDRED FIFTY-THREE OF THE PUBLIC SERVICE LAW AND STATE THAT
 THE  INTERNET  SERVICE  PROVIDER  MAY NOT BLOCK LAWFUL CONTENT, APPLICA-
 TIONS, SERVICES, NON-HARMFUL DEVICES OR APPLICATIONS THAT  COMPETE  WITH
 OTHER  SERVICES PROVIDED BY SUCH INTERNET SERVICE PROVIDER. ANY CONTRACT
 OR CONTRACT RENEWAL ENTERED INTO BY A STATE AUTHORITY  SHALL  INCLUDE  A
 BINDING AGREEMENT CONSISTENT WITH THE FOREGOING PROVISIONS, AND NO STATE
 AUTHORITY SHALL ENTER INTO A CONTRACT WITH AN INTERNET SERVICE PROVIDER,
 AN  AGENT THEREFOR OR OTHER ENTITY OFFERING TO OR PROCURING ON BEHALF OF
 THE STATE AUTHORITY INTERNET SERVICES UNLESS SUCH CONTRACT CONTAINS SUCH
 A BINDING AGREEMENT.
   § 5. Section 349 of the general business law is amended  by  adding  a
 new subdivision (k) to read as follows:
   (K) IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
 PURSUANT  TO  THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF
 ANY VIOLATION OF THIS SECTION IN  RELATION  TO  OBLIGATIONS  IMPOSED  BY
 SECTION  TWO  HUNDRED  FIFTY-ONE  OF THE PUBLIC SERVICE LAW MAY BRING AN
 ACTION TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE,  AN  ACTION  TO  RECOVER
 ACTUAL  DAMAGES  OR  FIVE HUNDRED DOLLARS, WHICHEVER IS GREATER, OR BOTH
 SUCH ACTIONS. THE COURT MAY, IN ITS DISCRETION, INCREASE  THE  AWARD  OF
 DAMAGES TO AN AMOUNT NOT TO EXCEED THREE TIMES THE ACTUAL DAMAGES IF THE
 COURT  FINDS THE DEFENDANT WILLFULLY OR KNOWINGLY VIOLATED THIS SECTION.
 THE COURT MAY AWARD REASONABLE ATTORNEYS' FEES TO  A  PREVAILING  PLAIN-
 TIFF.
   § 6. This act shall take effect immediately.
 
                                  PART BB

 S. 7508--A                         114                        A. 9508--A
 
   Section  1. The general municipal law is amended by adding a new arti-
 cle 13-E to read as follows:
                               ARTICLE 13-E
                   SMALL WIRELESS FACILITIES DEPLOYMENT
 SECTION 300. DEFINITIONS.
         301. USE OF RIGHT OF WAY FOR SMALL WIRELESS FACILITIES AND UTIL-
                ITY POLES.
         302. PERMITTING PROCESS FOR SMALL WIRELESS FACILITIES.
         303. ACCESS  TO  MUNICIPAL CORPORATION POLES WITHIN THE RIGHT OF
                WAY.
         304. RATES AND FEES.
         305. CABLE SERVICES.
         306. LOCAL AUTHORITY.
         307. INVESTOR-OWNED ELECTRIC UTILITY POLES.
         308. IMPLEMENTATION.
         309. DISPUTE RESOLUTION.
         310. INDEMNIFICATION, INSURANCE, AND BONDING.
   § 300. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS  SHALL  HAVE  THE  FOLLOWING MEANINGS UNLESS THE CONTEXT INDICATES
 OTHERWISE:
   1. "ANTENNA" MEANS COMMUNICATIONS EQUIPMENT THAT TRANSMITS OR RECEIVES
 ELECTROMAGNETIC RADIO FREQUENCY SIGNALS USED IN THE PROVISION  OF  WIRE-
 LESS SERVICES.
   2. "APPLICABLE CODES" MEANS THE NEW YORK STATE UNIFORM FIRE PREVENTION
 AND BUILDING CODE AS ADOPTED, AND AS MAY BE AMENDED, PURSUANT TO ARTICLE
 EIGHTEEN OF THE EXECUTIVE LAW.
   3.  "APPLICANT"  MEANS  ANY PERSON OR ENTITY THAT FILES AN APPLICATION
 WITH A MUNICIPAL CORPORATION TO INSTALL OR MODIFY WIRELESS FACILITIES ON
 BEHALF OF A COMMUNICATIONS SERVICE PROVIDER OR WIRELESS PROVIDER.
   4. "APPLICATION" MEANS A REQUEST SUBMITTED BY AN APPLICANT TO A MUNIC-
 IPAL CORPORATION FOR A PERMIT TO COLLOCATE SMALL WIRELESS FACILITIES; OR
 TO APPROVE THE INSTALLATION OR MODIFICATION OF A UTILITY POLE  OR  WIRE-
 LESS SUPPORT STRUCTURE.
   5. "APPLICATION FEE" MEANS THE ONE-TIME FEE CHARGED TO AN APPLICANT BY
 A  MUNICIPAL  CORPORATION  FOR REVIEW OF AN APPLICATION. THE APPLICATION
 FEE MAY NOT EXCEED THE ACTUAL REASONABLE COSTS INCURRED BY THE MUNICIPAL
 CORPORATION IN CONNECTION WITH ITS REVIEW OF THE APPLICATION.
   6. "POLE" MEANS A UTILITY POLE OWNED, MANAGED OR  OPERATED  BY  OR  ON
 BEHALF OF A MUNICIPAL CORPORATION.
   7.  "COLLOCATE" MEANS TO INSTALL, MOUNT, MAINTAIN, MODIFY, OPERATE, OR
 REPLACE SMALL WIRELESS FACILITIES ON OR ADJACENT TO A  WIRELESS  SUPPORT
 STRUCTURE  OR  UTILITY  POLE. THE TERM "COLLOCATION" HAS A CORRESPONDING
 MEANING.
   8. "COMMUNICATIONS FACILITY" MEANS THE SET OF  EQUIPMENT  AND  NETWORK
 COMPONENTS, INCLUDING WIRES, CABLES, AND ASSOCIATED FACILITIES USED BY A
 CABLE  OPERATOR,  AS DEFINED IN 47 U.S.C. SECTION 522(5); A TELECOMMUNI-
 CATIONS CARRIER, AS DEFINED IN 47 U.S.C. SECTION 153(51); A PROVIDER  OF
 INFORMATION SERVICE, AS DEFINED IN 47 U.S.C. SECTION 153(24); A WIRELESS
 SERVICES  PROVIDER  TO  PROVIDE COMMUNICATIONS SERVICES, INCLUDING CABLE
 SERVICE, AS DEFINED IN  47  U.S.C.  SECTION  522(6);  TELECOMMUNICATIONS
 SERVICE,  AS  DEFINED  IN  47  U.S.C.  SECTION  153(53);  AN INFORMATION
 SERVICE, AS DEFINED IN 47 U.S.C. SECTION 153(24); WIRELESS  SERVICE;  OR
 OTHER ONE-WAY OR TWO-WAY COMMUNICATIONS SERVICE.
   9.  "COMMUNICATIONS  SERVICE  PROVIDER"  MEANS  A  CABLE  OPERATOR, AS
 DEFINED IN 47 U.S.C. § 522(5); A PROVIDER  OF  INFORMATION  SERVICE,  AS

 S. 7508--A                         115                        A. 9508--A
 
 DEFINED IN 47 U.S.C. § 153(24); A TELECOMMUNICATIONS CARRIER, AS DEFINED
 IN 47 U.S.C. § 153(51); OR A WIRELESS PROVIDER.
   10.  "DECORATIVE  POLE"  MEANS  A  POLE THAT IS SPECIALLY DESIGNED AND
 PLACED FOR AESTHETIC PURPOSES AND ON WHICH NO APPURTENANCES  OR  ATTACH-
 MENTS,  OTHER  THAN  A  SMALL  WIRELESS  FACILITY,  LIGHTING,  SPECIALLY
 DESIGNED INFORMATIONAL OR DIRECTIONAL SIGNAGE, OR TEMPORARY  HOLIDAY  OR
 SPECIAL  EVENT  ATTACHMENTS,  HAVE  BEEN  PLACED  OR ARE PERMITTED TO BE
 PLACED ACCORDING TO NONDISCRIMINATORY MUNICIPAL RULES OR CODES.
   11. "FCC" MEANS THE FEDERAL COMMUNICATIONS COMMISSION  OF  THE  UNITED
 STATES.
   12. "FEE" MEANS A ONE-TIME, NONRECURRING CHARGE.
   13.  "HISTORIC  DISTRICT"  MEANS  A GROUP OF BUILDINGS, PROPERTIES, OR
 SITES THAT ARE EITHER: (A) LISTED IN THE NATIONAL REGISTER  OF  HISTORIC
 PLACES  OR FORMALLY DETERMINED ELIGIBLE FOR LISTING BY THE KEEPER OF THE
 NATIONAL REGISTER,  IN  ACCORDANCE  WITH  SECTION  VI.D.1.A.I-V  OF  THE
 NATIONWIDE PROGRAMMATIC AGREEMENT CODIFIED AT 47 C.F.R. PART 1, APPENDIX
 C;  OR  (B) A REGISTERED HISTORIC DISTRICT AS DEFINED IN SECTION NINETY-
 SIX-A OF THIS CHAPTER OR ARTICLE FIVE-K OF THIS CHAPTER AS OF THE EFFEC-
 TIVE DATE OF THIS SECTION.
   14. "LAW" MEANS FEDERAL, STATE, OR LOCAL  LAW,  STATUTE,  COMMON  LAW,
 CODE, RULE, REGULATION, ORDER, OR ORDINANCE.
   15.  "MICRO  WIRELESS  FACILITY"  MEANS A SMALL WIRELESS FACILITY THAT
 MEETS THE FOLLOWING QUALIFICATIONS:  (I) IS NOT LARGER IN DIMENSION THAN
 TWENTY-FOUR INCHES IN LENGTH, FIFTEEN INCHES IN WIDTH, AND TWELVE INCHES
 IN HEIGHT; AND (II) ANY EXTERIOR ANTENNA IS NO LONGER THAN ELEVEN  INCH-
 ES.
   16.  "NETWORK  INTERFACE DEVICE" MEANS THE TELECOMMUNICATIONS DEMARCA-
 TION AND TEST POINT SEPARATING THE WIRELESS FACILITY  AND  THE  WIRELINE
 BACKHAUL FACILITY.
   17.  "PERMIT"  MEANS  A  WRITTEN AUTHORIZATION REQUIRED BY A MUNICIPAL
 CORPORATION TO PERFORM AN ACTION OR INITIATE, CONTINUE,  OR  COMPLETE  A
 PROJECT  RELATING  TO THE INSTALLATION OR MODIFICATION OF SMALL WIRELESS
 FACILITIES.
   18. "PERSON"  MEANS  AN  INDIVIDUAL,  CORPORATION,  LIMITED  LIABILITY
 COMPANY,  PARTNERSHIP,  ASSOCIATION, TRUST, OR OTHER ENTITY OR ORGANIZA-
 TION, INCLUDING A MUNICIPAL CORPORATION.
   19. "RATE" MEANS A RECURRING CHARGE.
   20. "RIGHT OF WAY" OR "ROW" MEANS THE  AREA  ON,  BELOW,  OR  ABOVE  A
 PUBLIC  UTILITY  EASEMENT, ROADWAY, HIGHWAY, STREET, SIDEWALK, ALLEY, OR
 SIMILAR PROPERTY, BUT NOT INCLUDING A FEDERAL INTERSTATE HIGHWAY.
   21. "SMALL WIRELESS FACILITY" MEANS A  WIRELESS  FACILITY  THAT  MEETS
 BOTH  OF  THE  FOLLOWING  QUALIFICATIONS:  (A)  EACH WIRELESS PROVIDER'S
 ANTENNA COULD FIT WITHIN AN ENCLOSURE OF NO MORE THAN SIX CUBIC FEET  IN
 VOLUME;  AND  (B) ALL OTHER WIRELESS EQUIPMENT ASSOCIATED WITH THE WIRE-
 LESS FACILITY, WHETHER GROUND OR AERIALLY MOUNTED OR ATTACHED TO A UTIL-
 ITY POLE OR WIRELESS SUPPORT STRUCTURE, IS  CUMULATIVELY  NO  MORE  THAN
 TWENTY-EIGHT  CUBIC  FEET  IN  VOLUME. THE FOLLOWING TYPES OF ASSOCIATED
 ANCILLARY EQUIPMENT ARE NOT INCLUDED IN  THE  CALCULATION  OF  EQUIPMENT
 VOLUME:  ELECTRIC METER, CONCEALMENT ELEMENTS, NETWORK INTERFACE DEVICE,
 GROUNDING EQUIPMENT, POWER TRANSFER SWITCH, CUT-OFF SWITCH,  CONVERTERS,
 AMPLIFIERS,  SPLICE CASES, AND VERTICAL CABLE RUNS FOR THE CONNECTION OF
 POWER AND OTHER SERVICES.
   22. "TECHNICALLY FEASIBLE" MEANS THAT  BY  VIRTUE  OF  ENGINEERING  OR
 SPECTRUM  USAGE THE PROPOSED PLACEMENT FOR A SMALL WIRELESS FACILITY, OR
 ITS DESIGN, CONCEALMENT MEASURES, OR SITE LOCATION  CAN  BE  IMPLEMENTED
 WITHOUT A REDUCTION IN THE FUNCTIONALITY OF THE SMALL WIRELESS FACILITY.

 S. 7508--A                         116                        A. 9508--A
 
   23. "UTILITY POLE" MEANS A POLE OR SIMILAR STRUCTURE THAT IS OR MAY BE
 USED  IN  WHOLE  OR  IN  PART  OR  FOR WIRELINE COMMUNICATIONS, ELECTRIC
 DISTRIBUTION, LIGHTING, TRAFFIC CONTROL, SIGNAGE, OR A SIMILAR FUNCTION,
 OR FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES; PROVIDED,  HOWEVER,
 SUCH  TERM  SHALL  NOT  INCLUDE  WIRELESS SUPPORT STRUCTURES OR ELECTRIC
 TRANSMISSION STRUCTURES.
   24. "WIRELESS FACILITY" MEANS  EQUIPMENT  AT  A  FIXED  LOCATION  THAT
 ENABLES  WIRELESS  SERVICES  BETWEEN USER EQUIPMENT AND A COMMUNICATIONS
 NETWORK, INCLUDING: (A)  EQUIPMENT  ASSOCIATED  WITH  WIRELESS  COMMUNI-
 CATIONS;  (B) RADIO TRANSCEIVERS; (C) ANTENNAS; (D) COAXIAL OR FIBER-OP-
 TIC CABLE LOCATED ON A UTILITY POLE OR WIRELESS SUPPORT STRUCTURE, IMME-
 DIATELY ADJACENT TO THE UTILITY POLE OR WIRELESS SUPPORT  STRUCTURE,  OR
 DIRECTLY  ASSOCIATED WITH EQUIPMENT LOCATED ON THE UTILITY POLE OR WIRE-
 LESS SUPPORT STRUCTURE; AND (E) REGULAR AND BACKUP  POWER  SUPPLIES  AND
 RECTIFIERS;   AND  COMPARABLE  EQUIPMENT,  REGARDLESS  OF  TECHNOLOGICAL
 CONFIGURATION. THE TERM INCLUDES SMALL WIRELESS FACILITIES, BUT DOES NOT
 INCLUDE: (I) THE STRUCTURE OR IMPROVEMENTS ON, UNDER,  OR  WITHIN  WHICH
 THE EQUIPMENT IS COLLOCATED; (II) WIRELINE BACKHAUL FACILITIES; OR (III)
 COAXIAL  OR  FIBER-OPTIC  CABLE  THAT  IS BETWEEN WIRELESS STRUCTURES OR
 UTILITY POLES OR THAT  IS  OTHERWISE  NOT  IMMEDIATELY  ADJACENT  TO  OR
 DIRECTLY ASSOCIATED WITH A PARTICULAR ANTENNA.
   25.  "WIRELESS  INFRASTRUCTURE PROVIDER" MEANS ANY PERSON, INCLUDING A
 PERSON AUTHORIZED TO PROVIDE TELECOMMUNICATIONS SERVICE  IN  THE  STATE,
 THAT  BUILDS  OR INSTALLS WIRELESS COMMUNICATION TRANSMISSION EQUIPMENT,
 WIRELESS FACILITIES OR WIRELESS SUPPORT STRUCTURES, BUT THAT  IS  NOT  A
 WIRELESS SERVICES PROVIDER.
   26.  "WIRELESS PROVIDER" MEANS A WIRELESS INFRASTRUCTURE PROVIDER OR A
 WIRELESS SERVICES PROVIDER.
   27. "WIRELESS SERVICES" MEANS ANY SERVICES  USING  LICENSED  OR  UNLI-
 CENSED  SPECTRUM INCLUDING THE USE OF WI-FI, WHETHER AT A FIXED LOCATION
 OR MOBILE, PROVIDED TO THE PUBLIC.
   28. "WIRELESS SERVICES PROVIDER"  MEANS  ANY  PERSON  OR  ENTITY  THAT
 PROVIDES WIRELESS SERVICES.
   29.  "WIRELESS  SUPPORT  STRUCTURE" MEANS A STRUCTURE, SUCH AS A MONO-
 POLE; TOWER, EITHER GUYED OR SELF-SUPPORTING;  BILLBOARD;  BUILDING;  OR
 OTHER  EXISTING  OR PROPOSED STRUCTURE DESIGNED TO SUPPORT OR CAPABLE OF
 SUPPORTING WIRELESS FACILITIES, OTHER THAN A STRUCTURE  DESIGNED  SOLELY
 FOR  THE  COLLOCATION  OF SMALL WIRELESS FACILITIES. SUCH TERM SHALL NOT
 INCLUDE A UTILITY POLE.
   30. "WIRELINE BACKHAUL FACILITY" MEANS AN ABOVE-GROUND OR  UNDERGROUND
 WIRELINE  FACILITY USED TO TRANSPORT COMMUNICATIONS DATA FROM A WIRELESS
 FACILITY NETWORK INTERFACE DEVICE TO A NETWORK.
   § 301. USE OF RIGHT OF WAY FOR SMALL WIRELESS FACILITIES  AND  UTILITY
 POLES.    1.  APPLICABILITY. THIS SECTION SHALL ONLY APPLY TO THE ACTIV-
 ITIES OF A WIRELESS PROVIDER WITHIN THE RIGHT OF  WAY  TO  DEPLOY  SMALL
 WIRELESS FACILITIES AND ASSOCIATED UTILITY POLES.
   2.  EXCLUSIVE  USE  PROHIBITED.  A MUNICIPAL CORPORATION MAY NOT ENTER
 INTO AN EXCLUSIVE ARRANGEMENT WITH ANY PERSON FOR USE OF  THE  RIGHT  OF
 WAY  FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES OR FOR THE INSTAL-
 LATION, OPERATION, MARKETING, MODIFICATION, MAINTENANCE  OR  REPLACEMENT
 OF UTILITY POLES.
   3.  RIGHT  OF  WAY  RATES  AND  FEES. A MUNICIPAL CORPORATION MAY ONLY
 CHARGE A WIRELESS PROVIDER A RATE OR FEE FOR THE USE  OF  THE  ROW  WITH
 RESPECT TO THE COLLOCATION OF SMALL WIRELESS FACILITIES OR THE INSTALLA-
 TION,  MAINTENANCE, MODIFICATION, OPERATION, OR REPLACEMENT OF A UTILITY
 POLE IN THE RIGHT OF WAY IF  THE  MUNICIPAL  CORPORATION  CHARGES  OTHER

 S. 7508--A                         117                        A. 9508--A
 
 ENTITIES  FOR USE OF THE RIGHT OF WAY.  NOTWITHSTANDING THE FOREGOING, A
 MUNICIPAL CORPORATION IS PERMITTED, ON  A  NONDISCRIMINATORY  BASIS,  TO
 REFRAIN FROM CHARGING ANY RATE TO A WIRELESS PROVIDER FOR THE USE OF THE
 RIGHT  OF  WAY.  THE  RATE  FOR  USE  OF THE RIGHT OF WAY IS PROVIDED IN
 SECTION THREE HUNDRED FOUR OF THIS ARTICLE.
   4. RIGHT OF ACCESS. SUBJECT TO THIS SECTION, A WIRELESS PROVIDER SHALL
 HAVE THE RIGHT, AS A PERMITTED USE  NOT  SUBJECT  TO  ZONING  REVIEW  OR
 APPROVAL,  TO  COLLOCATE SMALL WIRELESS FACILITIES AND TO INSTALL, MAIN-
 TAIN, MODIFY, OPERATE AND REPLACE UTILITY POLES ALONG, ACROSS, UPON, AND
 UNDER THE RIGHT OF WAY. SUCH  STRUCTURES  AND  FACILITIES  SHALL  BE  SO
 INSTALLED  AND  MAINTAINED AS NOT TO OBSTRUCT OR HINDER THE USUAL TRAVEL
 OR PUBLIC SAFETY ON SUCH RIGHT OF WAY OR OBSTRUCT THE LEGAL USE OF  SUCH
 RIGHT OF WAY BY UTILITIES.
   5.  HEIGHT  LIMITS. EACH NEW OR MODIFIED UTILITY POLE INSTALLED IN THE
 RIGHT OF WAY SHALL NOT EXCEED THE GREATER OF: (A)  TEN  FEET  IN  HEIGHT
 ABOVE  THE  TALLEST  EXISTING  UTILITY POLE IN PLACE AS OF THE EFFECTIVE
 DATE OF THIS ARTICLE LOCATED WITHIN FIVE HUNDRED FEET OF THE NEW POLE IN
 THE SAME MUNICIPAL CORPORATION'S RIGHT OF WAY; OR (B) FIFTY  FEET  ABOVE
 GROUND  LEVEL. NEW SMALL WIRELESS FACILITIES IN THE RIGHT OF WAY MAY NOT
 EXTEND: (I) MORE THAN TEN FEET ABOVE AN EXISTING UTILITY POLE  IN  PLACE
 AS  OF  THE  EFFECTIVE  DATE OF THIS ARTICLE; OR (II) FOR SMALL WIRELESS
 FACILITIES ON A NEW UTILITY POLE, ABOVE THE HEIGHT PERMITTED FOR  A  NEW
 UTILITY  POLE  UNDER  THIS  SECTION.  A WIRELESS PROVIDER SHALL HAVE THE
 RIGHT TO COLLOCATE A SMALL  WIRELESS  FACILITY  AND  INSTALL,  MAINTAIN,
 MODIFY,  OPERATE  AND  REPLACE  A UTILITY POLE THAT EXCEEDS THESE HEIGHT
 LIMITS ALONG, ACROSS, UPON AND UNDER THE RIGHT OF WAY, SUBJECT  TO  THIS
 SECTION AND APPLICABLE ZONING REGULATIONS.
   6.  DECORATIVE POLES. A WIRELESS PROVIDER SHALL BE PERMITTED TO COLLO-
 CATE ON OR REPLACE DECORATIVE POLES WHEN NECESSARY  TO  DEPLOY  A  SMALL
 WIRELESS  FACILITY. A MUNICIPAL CORPORATION MAY REQUIRE SUCH COLLOCATION
 OR DECORATIVE POLE REPLACEMENT  TO  REASONABLY  CONFORM  TO  THE  DESIGN
 AESTHETICS  OF  THE  ORIGINAL  DECORATIVE  POLE  OR POLES, PROVIDED SUCH
 REQUIREMENTS ARE TECHNICALLY FEASIBLE.
   7. UNDERGROUND DISTRICT. (A) A WIRELESS  PROVIDER  SHALL  COMPLY  WITH
 WRITTEN,  OBJECTIVE,  REASONABLE AND NONDISCRIMINATORY REQUIREMENTS THAT
 PROHIBIT THE INSTALLATION OF UTILITY POLES OR  WIRELESS  SUPPORT  STRUC-
 TURES  IN  THE RIGHT OF WAY IN AN AREA DESIGNATED SOLELY FOR UNDERGROUND
 COMMUNICATIONS AND ELECTRIC LINES WHERE: (I) THE  MUNICIPAL  CORPORATION
 HAS  REQUIRED ALL SUCH LINES TO BE PLACED UNDERGROUND NO LESS THAN THREE
 MONTHS PRIOR TO THE SUBMISSION OF THE APPLICATION;  (II)  UTILITY  POLES
 THE  MUNICIPAL  CORPORATION  ALLOWS TO REMAIN SHALL BE MADE AVAILABLE TO
 WIRELESS PROVIDERS FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES, AND
 MAY BE REPLACED BY A WIRELESS PROVIDER TO ACCOMMODATE THE COLLOCATION OF
 SMALL WIRELESS FACILITIES, IN COMPLIANCE WITH THIS ARTICLE; AND (III)  A
 WIRELESS  PROVIDER MAY INSTALL A NEW UTILITY POLE IN THE DESIGNATED AREA
 THAT OTHERWISE COMPLIES WITH THIS SECTION WHEN IT IS NOT ABLE TO PROVIDE
 WIRELESS SERVICE BY COLLOCATING ON A REMAINING UTILITY POLE OR  WIRELESS
 SUPPORT STRUCTURE.
   (B)  FOR SMALL WIRELESS FACILITIES INSTALLED BEFORE A MUNICIPAL CORPO-
 RATION ADOPTS REQUIREMENTS THAT COMMUNICATIONS  AND  ELECTRIC  LINES  BE
 PLACED  UNDERGROUND,  SUCH  MUNICIPAL CORPORATION ADOPTING SUCH REQUIRE-
 MENTS SHALL: (I) PERMIT A WIRELESS PROVIDER TO MAINTAIN THE SMALL  WIRE-
 LESS  FACILITIES  IN  PLACE  SUBJECT  TO  ANY APPLICABLE POLE ATTACHMENT
 AGREEMENT WITH THE UTILITY POLE  OWNER;  OR  (II)  PERMIT  THE  WIRELESS
 PROVIDER TO REPLACE THE ASSOCIATED UTILITY POLE WITHIN FIFTY FEET OF THE
 PRIOR LOCATION.

 S. 7508--A                         118                        A. 9508--A
 
   8.  HISTORIC  DISTRICT.  SUBJECT  TO SUBDIVISION FOUR OF SECTION THREE
 HUNDRED TWO OF THIS ARTICLE, A MUNICIPAL CORPORATION MAY  REQUIRE  WRIT-
 TEN,  OBJECTIVE, REASONABLE, TECHNICALLY FEASIBLE, NONDISCRIMINATORY AND
 TECHNOLOGICALLY NEUTRAL DESIGN OR CONCEALMENT  MEASURES  IN  A  HISTORIC
 DISTRICT.  NO SUCH DESIGN OR CONCEALMENT MEASURES MAY HAVE THE EFFECT OF
 MATERIALLY INHIBITING ANY PROVIDER'S TECHNOLOGY OR SERVICE; NOR MAY  ANY
 SUCH  MEASURES  BE  CONSIDERED A PART OF THE SMALL WIRELESS FACILITY FOR
 PURPOSES OF THE SIZE RESTRICTIONS IN THE DEFINITION  OF  SMALL  WIRELESS
 FACILITY.
   9.  NO  DISCRIMINATION.  THE MUNICIPAL CORPORATION, IN THE EXERCISE OF
 ITS ADMINISTRATION AND REGULATION RELATED TO THE MANAGEMENT OF THE RIGHT
 OF WAY, MUST BE COMPETITIVELY NEUTRAL WITH REGARD TO OTHER USERS OF  THE
 RIGHT  OF  WAY. THE MUNICIPAL CORPORATION'S RIGHT OF WAY REGULATIONS MAY
 NOT BE UNREASONABLE OR DISCRIMINATORY AND MAY NOT VIOLATE ANY APPLICABLE
 LAW.
   10. DAMAGE AND REPAIR. THE MUNICIPAL CORPORATION MAY REQUIRE  A  WIRE-
 LESS  PROVIDER  TO REPAIR ALL DAMAGE TO THE RIGHT OF WAY DIRECTLY CAUSED
 BY THE ACTIVITIES OF THE WIRELESS PROVIDER IN THE RIGHT OF  WAY  AND  TO
 RETURN  THE RIGHT OF WAY TO ITS FUNCTIONAL EQUIVALENCE BEFORE THE DAMAGE
 PURSUANT TO THE COMPETITIVELY NEUTRAL, REASONABLE REQUIREMENTS AND SPEC-
 IFICATIONS OF THE MUNICIPAL CORPORATION. IF THE WIRELESS PROVIDER  FAILS
 TO  MAKE  THE  REPAIRS  REASONABLY REQUIRED BY THE MUNICIPAL CORPORATION
 WITHIN A REASONABLE TIME AFTER WRITTEN NOTICE, THE MUNICIPAL CORPORATION
 MAY AFFECT THOSE REPAIRS AND CHARGE THE APPLICABLE PARTY THE REASONABLE,
 DOCUMENTED ACTUAL COST OF SUCH REPAIRS.
   11. POLE REPLACEMENTS AND MODIFICATIONS. A WIRELESS PROVIDER SHALL NOT
 BE REQUIRED TO REPLACE OR UPGRADE AN EXISTING UTILITY  POLE  EXCEPT  FOR
 REASONS  OF  STRUCTURAL NECESSITY OR COMPLIANCE WITH APPLICABLE CODES. A
 WIRELESS PROVIDER MAY, WITH THE PERMISSION OF THE POLE OWNER, REPLACE OR
 MODIFY EXISTING UTILITY POLES, BUT ANY SUCH REPLACEMENT OR  MODIFICATION
 SHALL  BE  CONSISTENT  WITH THE DESIGN AESTHETICS OF THE UTILITY POLE OR
 POLES BEING MODIFIED OR REPLACED.
   12. PERMITTED USE. NEW, MODIFIED OR REPLACEMENT UTILITY POLES  ASSOCI-
 ATED  WITH  A SMALL WIRELESS FACILITY THAT MEET THE REQUIREMENTS OF THIS
 SECTION ARE PERMITTED USES SUBJECT TO THE PERMIT PROCESS IN  SUBDIVISION
 FOUR OF SECTION THREE HUNDRED TWO OF THIS ARTICLE AND ARE NOT SUBJECT TO
 ZONING REVIEW OR APPROVAL.
   13. ABANDONMENT. A WIRELESS PROVIDER IS REQUIRED TO NOTIFY THE MUNICI-
 PAL  CORPORATION  AT LEAST THIRTY DAYS BEFORE ITS ABANDONMENT OF A SMALL
 WIRELESS FACILITY. FOLLOWING  RECEIPT  OF  SUCH  NOTICE,  THE  MUNICIPAL
 CORPORATION  SHALL  DIRECT  THE  WIRELESS  PROVIDER TO REMOVE ALL OR ANY
 PORTION OF THE SMALL WIRELESS FACILITY THAT  THE  MUNICIPAL  CORPORATION
 DETERMINES WOULD BE IN THE BEST INTEREST OF THE PUBLIC SAFETY AND PUBLIC
 WELFARE  TO  REMOVE.  IF THE WIRELESS PROVIDER FAILS TO REMOVE THE ABAN-
 DONED FACILITY WITHIN NINETY  DAYS  AFTER  SUCH  NOTICE,  THE  MUNICIPAL
 CORPORATION MAY UNDERTAKE TO DO SO AND RECOVER THE ACTUAL AND REASONABLE
 EXPENSES  OF  DOING  SO  FROM  THE  WIRELESS PROVIDER, ITS SUCCESSORS OR
 ASSIGNS.
   § 302. PERMITTING PROCESS FOR SMALL WIRELESS FACILITIES. 1.   APPLICA-
 BILITY. THIS SECTION SHALL APPLY TO THE PERMITTING OF THE COLLOCATION OF
 SMALL WIRELESS FACILITIES BY A WIRELESS PROVIDER IN OR OUTSIDE THE RIGHT
 OF  WAY  AS  SPECIFIED  IN  SUBDIVISION THREE OF THIS SECTION AND TO THE
 PERMITTING OF THE INSTALLATION, MODIFICATION, AND REPLACEMENT OF ASSOCI-
 ATED UTILITY POLES BY A WIRELESS PROVIDER INSIDE THE RIGHT OF WAY.

 S. 7508--A                         119                        A. 9508--A
 
   2. GENERAL. EXCEPT AS PROVIDED IN THIS  ARTICLE,  A  MUNICIPAL  CORPO-
 RATION  MAY  NOT  PROHIBIT,  REGULATE,  OR CHARGE FOR THE COLLOCATION OF
 SMALL WIRELESS FACILITIES THAT MAY BE PERMITTED IN THIS SECTION.
   3.  ZONING. SMALL WIRELESS FACILITIES SHALL BE CLASSIFIED AS PERMITTED
 USES AND NOT SUBJECT TO ZONING REVIEW OR APPROVAL IF THEY ARE COLLOCATED
 IN THE RIGHT OF WAY IN ANY ZONE.
   4. PERMITS. A MUNICIPAL CORPORATION MAY REQUIRE AN APPLICANT TO OBTAIN
 ONE OR MORE PERMITS TO COLLOCATE A SMALL WIRELESS FACILITY OR TO INSTALL
 A NEW, MODIFIED OR REPLACEMENT UTILITY  POLE  ASSOCIATED  WITH  A  SMALL
 WIRELESS  FACILITY  AS  PROVIDED  IN  SUBDIVISION  FOUR OF SECTION THREE
 HUNDRED ONE OF THIS ARTICLE, PROVIDED SUCH PERMITS ARE OF GENERAL APPLI-
 CABILITY AND DO NOT APPLY EXCLUSIVELY TO WIRELESS FACILITIES. A  MUNICI-
 PAL  CORPORATION SHALL RECEIVE APPLICATIONS FOR, PROCESS, AND ISSUE SUCH
 PERMITS SUBJECT TO THE FOLLOWING REQUIREMENTS:
   (A) A MUNICIPAL CORPORATION MAY NOT DIRECTLY OR INDIRECTLY REQUIRE  AN
 APPLICANT  TO PERFORM SERVICES OR PROVIDE GOODS UNRELATED TO THE PERMIT,
 SUCH AS IN-KIND CONTRIBUTIONS TO THE  MUNICIPAL  CORPORATION  INCLUDING,
 BUT  NOT  LIMITED  TO,  RESERVING  FIBER, CONDUIT, OR POLE SPACE FOR THE
 MUNICIPAL CORPORATION;
   (B) AN APPLICANT SHALL NOT BE REQUIRED TO PROVIDE MORE INFORMATION  TO
 OBTAIN A PERMIT THAN COMMUNICATIONS SERVICE PROVIDERS THAT ARE NOT WIRE-
 LESS  PROVIDERS,  PROVIDED  THAT AN APPLICANT MAY BE REQUIRED TO INCLUDE
 CONSTRUCTION AND  ENGINEERING  DRAWINGS  AND  INFORMATION  DEMONSTRATING
 COMPLIANCE WITH THE CRITERIA IN PARAGRAPH (G) OF THIS SUBDIVISION;
   (C)  A  MUNICIPAL CORPORATION MAY NOT REQUIRE THE COLLOCATION OF SMALL
 WIRELESS FACILITIES ON ANY SPECIFIC UTILITY POLE OR CATEGORY OF POLES OR
 REQUIRE MULTIPLE ANTENNA SYSTEMS ON A SINGLE UTILITY POLE;  THE  USE  OF
 SPECIFIC POLE TYPES OR CONFIGURATIONS WHEN INSTALLING NEW OR REPLACEMENT
 POLES;  OR  THE UNDERGROUND PLACEMENTS OF SMALL WIRELESS FACILITIES THAT
 ARE OR ARE DESIGNATED IN AN APPLICATION TO BE  POLE-MOUNTED  OR  GROUND-
 MOUNTED;
   (D)  A  MUNICIPAL  CORPORATION  MAY NOT LIMIT THE COLLOCATION OF SMALL
 WIRELESS FACILITIES BY MINIMUM HORIZONTAL SEPARATION  DISTANCE  REQUIRE-
 MENTS  FROM  EXISTING SMALL WIRELESS FACILITIES, UTILITY POLES, OR OTHER
 STRUCTURES;
   (E) A MUNICIPAL CORPORATION MAY REQUIRE AN  APPLICANT  TO  INCLUDE  AN
 ATTESTATION  THAT  THE SMALL WIRELESS FACILITIES WILL BE OPERATIONAL FOR
 USE BY A WIRELESS SERVICES PROVIDER WITHIN ONE  YEAR  AFTER  THE  PERMIT
 ISSUANCE  DATE,  UNLESS  THE  MUNICIPAL  CORPORATION  APPLICANT AGREE TO
 EXTEND THIS PERIOD OR DELAY IS CAUSED BY LACK  OF  COMMERCIAL  POWER  OR
 COMMUNICATIONS TRANSPORT FACILITIES TO THE SITE;
   (F)  WITHIN  TEN DAYS OF RECEIPT OF AN APPLICATION, A MUNICIPAL CORPO-
 RATION MUST DETERMINE AND NOTIFY THE APPLICANT IN  WRITING  WHETHER  THE
 APPLICATION  IS  COMPLETE.  IF  AN APPLICATION IS DEEMED INCOMPLETE, THE
 MUNICIPAL CORPORATION MUST SPECIFICALLY IDENTIFY THE MISSING INFORMATION
 IN WRITING. THE PROCESSING DEADLINE IN PARAGRAPH (G) OF THIS SUBDIVISION
 IS TOLLED FROM THE TIME THE AUTHORITY SENDS THE NOTICE OF INCOMPLETENESS
 TO THE TIME THE APPLICANT PROVIDES THE MISSING INFORMATION.  SUCH  PROC-
 ESSING  DEADLINE  MAY ALSO BE TOLLED UPON AGREEMENT OF THE APPLICANT AND
 THE MUNICIPAL CORPORATION;
   (G) MUNICIPAL CORPORATIONS SHALL PROCESS APPLICATIONS ON A  NONDISCRI-
 MINATORY  BASIS  AND  SUCH  APPLICATIONS SHALL BE DEEMED APPROVED IF THE
 MUNICIPAL CORPORATION FAILS TO APPROVE OR DENY  THE  APPLICATION  WITHIN
 SIXTY DAYS OF RECEIPT OF THE APPLICATION;
   (H) A MUNICIPAL CORPORATION MAY DENY A PROPOSED COLLOCATION OF A SMALL
 WIRELESS  FACILITY  OR  INSTALLATION,  MODIFICATION  OR REPLACEMENT OF A

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 UTILITY POLE THAT MEETS THE REQUIREMENTS OF SUBDIVISION FIVE OF  SECTION
 THREE HUNDRED ONE OF THIS ARTICLE ONLY IF THE PROPOSED APPLICATION:  (I)
 MATERIALLY  INTERFERES WITH THE SAFE OPERATION OF TRAFFIC CONTROL EQUIP-
 MENT;  (II)  MATERIALLY  INTERFERES  WITH SIGHT LINES OR CLEAR ZONES FOR
 TRANSPORTATION OR PEDESTRIANS; (III) MATERIALLY INTERFERES WITH  COMPLI-
 ANCE  WITH  THE  AMERICANS  WITH  DISABILITIES ACT OR SIMILAR FEDERAL OR
 STATE STANDARDS REGARDING PEDESTRIAN ACCESS OR MOVEMENT; (IV)  FAILS  TO
 COMPLY WITH REASONABLE AND NONDISCRIMINATORY HORIZONTAL SPACING REQUIRE-
 MENTS  OF  GENERAL  APPLICATION  ADOPTED  BY  ORDINANCE THAT CONCERN THE
 LOCATION OF GROUND-MOUNTED EQUIPMENT AND NEW UTILITY POLES. SUCH SPACING
 REQUIREMENTS SHALL NOT PREVENT A  WIRELESS  PROVIDER  FROM  SERVING  ANY
 LOCATION;  (V)  DESIGNATES  THE  LOCATION  OF A NEW UTILITY POLE FOR THE
 PURPOSE OF COLLOCATING A SMALL WIRELESS FACILITY WITHIN  SEVEN  FEET  IN
 ANY  DIRECTION  OF AN ELECTRICAL CONDUCTOR, UNLESS THE WIRELESS PROVIDER
 OBTAINS THE WRITTEN CONSENT OF THE POWER SUPPLIER THAT OWNS  OR  MANAGES
 THE ELECTRICAL CONDUCTOR; (VI) FAILS TO COMPLY WITH APPLICABLE CODES; OR
 (VII)  FAILS  TO  COMPLY WITH SUBDIVISION SIX, SEVEN OR EIGHT OF SECTION
 THREE HUNDRED ONE OF THIS ARTICLE;
   (I) THE MUNICIPAL CORPORATION MUST DOCUMENT THE BASIS  FOR  A  DENIAL,
 INCLUDING  THE  SPECIFIC  CODE PROVISIONS ON WHICH THE DENIAL WAS BASED,
 AND SEND THE DOCUMENTATION TO THE APPLICANT ON  THE  DAY  THE  AUTHORITY
 DENIES  AN  APPLICATION. THE APPLICANT MAY CURE THE DEFICIENCIES IDENTI-
 FIED BY THE MUNICIPAL CORPORATION AND RESUBMIT  THE  APPLICATION  WITHIN
 THIRTY  DAYS OF THE DENIAL WITHOUT PAYING AN ADDITIONAL APPLICATION FEE.
 THE MUNICIPAL CORPORATION SHALL APPROVE OR DENY THE REVISED  APPLICATION
 WITHIN THIRTY DAYS OF RESUBMISSION AND LIMIT ITS REVIEW TO THE DEFICIEN-
 CIES  CITED  IN THE DENIAL. ANY APPLICATION NOT ACTED UPON WITHIN THIRTY
 DAYS OF RESUBMISSION SHALL BE DEEMED APPROVED;
   (J) AN APPLICANT SEEKING TO COLLOCATE SMALL WIRELESS FACILITIES WITHIN
 THE JURISDICTION OF A SINGLE MUNICIPAL CORPORATION SHALL BE  ALLOWED  AT
 THE  APPLICANT'S DISCRETION TO FILE A CONSOLIDATED APPLICATION FOR UP TO
 THIRTY SMALL WIRELESS FACILITIES AND RECEIVE A  SINGLE  PERMIT  FOR  THE
 COLLOCATION  OF  MULTIPLE  SMALL WIRELESS FACILITIES; PROVIDED, HOWEVER,
 THE DENIAL OF ONE OR MORE SMALL WIRELESS FACILITIES  IN  A  CONSOLIDATED
 APPLICATION  SHALL  NOT  DELAY  PROCESSING  OF  ANY OTHER SMALL WIRELESS
 FACILITIES IN THE SAME CONSOLIDATED APPLICATION. SOLELY FOR PURPOSES  OF
 CALCULATING  THE  NUMBER  OF SMALL WIRELESS FACILITIES IN A CONSOLIDATED
 APPLICATION, A SMALL WIRELESS FACILITY  INCLUDES  ANY  UTILITY  POLE  ON
 WHICH SUCH SMALL WIRELESS FACILITY WILL BE COLLOCATED;
   (K) INSTALLATION OR COLLOCATION FOR WHICH A PERMIT IS GRANTED PURSUANT
 TO  THIS  SECTION  SHALL  BE  COMPLETED WITHIN ONE YEAR AFTER THE PERMIT
 ISSUANCE DATE UNLESS THE MUNICIPAL CORPORATION AND THE  APPLICANT  AGREE
 TO  EXTEND  THIS  PERIOD  OR A DELAY IS CAUSED BY THE LACK OF COMMERCIAL
 POWER OR COMMUNICATIONS FACILITIES AT THE SITE. APPROVAL OF AN  APPLICA-
 TION  AUTHORIZES  THE  APPLICANT  TO:  (I) UNDERTAKE THE INSTALLATION OR
 COLLOCATION; AND (II) SUBJECT TO APPLICABLE RELOCATION REQUIREMENTS  AND
 THE APPLICANT'S RIGHT TO TERMINATE AT ANY TIME, OPERATE AND MAINTAIN THE
 SMALL WIRELESS FACILITIES AND ANY ASSOCIATED UTILITY POLE COVERED BY THE
 PERMIT  FOR  A  PERIOD OF NOT LESS THAN TEN YEARS, WHICH MUST BE RENEWED
 FOR EQUIVALENT DURATIONS SO LONG AS THEY  ARE  IN  COMPLIANCE  WITH  THE
 CRITERIA SET FORTH IN PARAGRAPH (G) OF THIS SUBDIVISION;
   (L)  NO  MUNICIPAL  CORPORATION  MAY INSTITUTE, EITHER EXPRESSLY OR DE
 FACTO, A MORATORIUM ON: (I) FILING, RECEIVING,  OR  PROCESSING  APPLICA-
 TIONS;  OR  (II)  ISSUING  PERMITS  OR  OTHER APPROVALS, IF ANY, FOR THE
 COLLOCATION OF SMALL WIRELESS FACILITIES OR THE INSTALLATION,  MODIFICA-

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 TION,  OR REPLACEMENT OF UTILITY POLES TO SUPPORT SMALL WIRELESS FACILI-
 TIES; AND
   (M)  THE  APPROVAL OF THE INSTALLATION, PLACEMENT, OR MAINTENANCE OF A
 SMALL WIRELESS FACILITY PURSUANT TO THIS SECTION DOES NOT AUTHORIZE  THE
 INSTALLATION, PLACEMENT, MAINTENANCE, OR OPERATION OF ANY OTHER COMMUNI-
 CATIONS  FACILITY, INCLUDING A WIRELINE BACKHAUL FACILITY, IN A RIGHT OF
 WAY.
   5. WHEN APPLICATIONS NOT REQUIRED. A MUNICIPAL CORPORATION  SHALL  NOT
 REQUIRE AN APPLICATION FOR ROUTINE MAINTENANCE, THE REPLACEMENT OF SMALL
 WIRELESS FACILITIES WITH SMALL WIRELESS FACILITIES THAT ARE SUBSTANTIAL-
 LY  SIMILAR OR THE SAME SIZE OR SMALLER, OR THE INSTALLATION, PLACEMENT,
 MAINTENANCE, OPERATION, OR REPLACEMENT OF MICRO WIRELESS FACILITIES THAT
 ARE SUSPENDED ON CABLES THAT ARE STRUNG BETWEEN EXISTING UTILITY  POLES,
 IN  COMPLIANCE  WITH  THE APPLICABLE CODES. A MUNICIPAL CORPORATION MAY,
 HOWEVER, REQUIRE A PERMIT FOR WORK THAT REQUIRES EXCAVATION  OR  CLOSURE
 OF SIDEWALKS OR VEHICULAR LANES WITHIN THE ROW FOR SUCH ACTIVITIES. SUCH
 A  PERMIT  MUST BE ISSUED TO THE APPLICANT ON A NON-DISCRIMINATORY BASIS
 UPON TERMS AND CONDITIONS APPLIED TO ANY OTHER  PERSON'S  ACTIVITIES  IN
 THE  RIGHT  OF  WAY  THAT  REQUIRE  EXCAVATION, CLOSING OF SIDEWALKS, OR
 VEHICULAR LANES.
   § 303. ACCESS TO MUNICIPAL CORPORATION POLES WITHIN THE RIGHT OF  WAY.
 1. APPLICABILITY. THIS SECTION SHALL APPLY TO ACTIVITIES OF THE WIRELESS
 PROVIDER WITHIN THE RIGHT OF WAY.
   2. EXCLUSIVE USE PROHIBITED. A PERSON OWNING, MANAGING, OR CONTROLLING
 MUNICIPAL  CORPORATION  POLES  IN THE RIGHT OF WAY MAY NOT ENTER INTO AN
 EXCLUSIVE ARRANGEMENT WITH ANY PERSON FOR THE RIGHT TO  ATTACH  TO  SUCH
 POLES.  A  PERSON WHO PURCHASES OR OTHERWISE ACQUIRES A MUNICIPAL CORPO-
 RATION POLE IS SUBJECT TO THE REQUIREMENTS OF THIS SECTION.
   3. ALLOWANCES. A MUNICIPAL CORPORATION SHALL ALLOW THE COLLOCATION  OF
 SMALL WIRELESS FACILITIES ON MUNICIPAL CORPORATION POLES ON NONDISCRIMI-
 NATORY  TERMS  AND CONDITIONS USING THE PROCESS IN SECTION THREE HUNDRED
 THREE OF THIS ARTICLE.
   4. RATES. (A) THE RATES TO COLLOCATE ON  MUNICIPAL  CORPORATION  POLES
 SHALL  BE  NONDISCRIMINATORY  REGARDLESS OF THE SERVICES PROVIDED BY THE
 COLLOCATING WIRELESS PROVIDER.
   (B) THE RATE TO COLLOCATE ON MUNICIPAL CORPORATION POLES  IS  PROVIDED
 IN SECTION THREE HUNDRED FOUR OF THIS ARTICLE.
   5. IMPLEMENTATION, MAKE-READY WORK. (A) THE RATES, FEES, AND TERMS AND
 CONDITIONS  FOR  THE  MAKE-READY WORK TO COLLOCATE ON A MUNICIPAL CORPO-
 RATION  POLE  MUST  BE  NONDISCRIMINATORY,  COMPETITIVELY  NEUTRAL,  AND
 COMMERCIALLY REASONABLE AND MUST COMPLY WITH THIS ARTICLE.
   (B)  THE MUNICIPAL CORPORATION SHALL PROVIDE A GOOD FAITH ESTIMATE FOR
 ANY MAKE-READY  WORK  NECESSARY  TO  ENABLE  THE  POLE  TO  SUPPORT  THE
 REQUESTED COLLOCATION BY A WIRELESS PROVIDER, INCLUDING POLE REPLACEMENT
 IF NECESSARY, WITHIN SIXTY DAYS AFTER RECEIPT OF A COMPLETE APPLICATION.
 MAKE-READY  WORK,  INCLUDING  ANY  POLE  REPLACEMENT, SHALL BE COMPLETED
 WITHIN SIXTY DAYS OF WRITTEN ACCEPTANCE OF THE GOOD  FAITH  ESTIMATE  BY
 THE  APPLICANT.  A  MUNICIPAL CORPORATION MAY REQUIRE REPLACEMENT OF THE
 MUNICIPAL CORPORATION'S POLE ONLY IF IT DEMONSTRATES THAT  THE  COLLOCA-
 TION WOULD MAKE SUCH POLE STRUCTURALLY UNSOUND.
   (C)  THE  PERSON OWNING, MANAGING, OR CONTROLLING THE MUNICIPAL CORPO-
 RATION'S POLE SHALL NOT REQUIRE MORE MAKE-READY WORK  THAN  REQUIRED  TO
 MEET  APPLICABLE  CODES  OR INDUSTRY STANDARDS. FEES FOR MAKE-READY WORK
 SHALL NOT INCLUDE COSTS RELATED  TO  PRE-EXISTING  OR  PRIOR  DAMAGE  OR
 NONCOMPLIANCE. FEES FOR MAKE-READY WORK, INCLUDING ANY POLE REPLACEMENT,
 SHALL  NOT  EXCEED  EITHER  ACTUAL  COSTS OR THE AMOUNT CHARGED TO OTHER

 S. 7508--A                         122                        A. 9508--A

 COMMUNICATIONS SERVICE PROVIDERS FOR SIMILAR WORK AND SHALL NOT  INCLUDE
 ANY  REVENUE  OR  CONTINGENCY-BASED CONSULTANT'S FEES OR EXPENSES OF ANY
 KIND.
   §  304.  RATES AND FEES. 1. APPLICABILITY. THIS SECTION SHALL GOVERN A
 MUNICIPAL CORPORATION'S RATES AND FEES FOR  THE  PLACEMENT  OF  A  SMALL
 WIRELESS FACILITY OR ASSOCIATED UTILITY POLE.
   2. PERMISSIBLE RATES AND FEES. A MUNICIPAL CORPORATION MAY NOT REQUIRE
 A  WIRELESS  PROVIDER  TO  PAY  ANY  RATES, FEES, OR COMPENSATION TO THE
 MUNICIPAL CORPORATION OR OTHER  PERSON  OTHER  THAN  WHAT  IS  EXPRESSLY
 AUTHORIZED  BY  THIS  ARTICLE  FOR THE RIGHT TO USE OR OCCUPY A RIGHT OF
 WAY, FOR COLLOCATION OF SMALL WIRELESS FACILITIES ON  UTILITY  POLES  IN
 THE  RIGHT  OF  WAY, OR FOR THE INSTALLATION, MAINTENANCE, MODIFICATION,
 OPERATION AND REPLACEMENT OF UTILITY POLES IN THE RIGHT OF WAY.
   3. APPLICATION FEES. A MUNICIPAL CORPORATION MAY CHARGE AN APPLICATION
 FEE, SO LONG AS SUCH FEE IS REASONABLE, NONDISCRIMINATORY, AND  RECOVERS
 NO  MORE THAN AN AUTHORITY'S DIRECT COSTS FOR PROCESSING AN APPLICATION;
 PROVIDED HOWEVER, NO SUCH FEE  SHALL  EXCEED  THE  FOLLOWING:  (A)  FIVE
 HUNDRED DOLLARS FOR THE FIRST FIVE SMALL WIRELESS FACILITIES ON THE SAME
 APPLICATION  AND  ONE HUNDRED DOLLARS FOR EACH ADDITIONAL SMALL WIRELESS
 FACILITY ON THE SAME APPLICATION; AND (B) ONE THOUSAND DOLLARS  FOR  THE
 INSTALLATION,  MODIFICATION  OR  REPLACEMENT  OF A UTILITY POLE TOGETHER
 WITH THE COLLOCATION OF AN ASSOCIATED SMALL WIRELESS FACILITY  THAT  ARE
 PERMITTED USES IN ACCORDANCE WITH THE SPECIFICATIONS SET FORTH IN SUBDI-
 VISION FOUR OF SECTION THREE HUNDRED TWO OF THIS ARTICLE.
   4. RATES. (A) RIGHT OF WAY: A MUNICIPAL CORPORATION MAY CHARGE FOR THE
 OCCUPANCY  AND  USE OF THE RIGHT OF WAY, SO LONG AS SUCH RATE IS REASON-
 ABLE, NONDISCRIMINATORY, AND DOES NOT EXCEED THE GREATER OF THE AUTHORI-
 TY'S DIRECT COSTS OR TWENTY DOLLARS PER YEAR PER SMALL WIRELESS  FACILI-
 TY.
   (B)  MUNICIPAL  CORPORATION  POLE COLLOCATION RATE: A MUNICIPAL CORPO-
 RATION MAY CHARGE FOR COLLOCATION OF A  SMALL  WIRELESS  FACILITY  ON  A
 MUNICIPAL  CORPORATION POLE, SO LONG AS SUCH RATE IS REASONABLE, NONDIS-
 CRIMINATORY, AND DOES NOT EXCEED THE GREATER OF AUTHORITY'S DIRECT COSTS
 OR TWO HUNDRED FIFTY DOLLARS PER MUNICIPAL CORPORATION POLE PER YEAR.
   5.  RATE OR FEE ADJUSTMENT. SHOULD A  MUNICIPAL  CORPORATION  HAVE  AN
 EXISTING  RATE  OR  FEE  TO CONSTRUCT, INSTALL, MOUNT, MAINTAIN, MODIFY,
 OPERATE, OR REPLACE A WIRELESS FACILITY OR WIRELESS SUPPORT STRUCTURE IN
 THE RIGHT OF WAY, INCLUDING COLLOCATION IN SUCH RIGHT OF WAY, CONTROLLED
 BY THE MUNICIPAL CORPORATION AND SUCH RATE OR FEE DOES NOT  COMPLY  WITH
 THE  REQUIREMENTS  IN  THIS  ARTICLE, NOT LATER THAN THE END OF THE NEXT
 FISCAL YEAR IMMEDIATELY SUCCEEDING THE EFFECTIVE DATE OF  THIS  ARTICLE,
 THE  MUNICIPAL  CORPORATION  SHALL  IMPLEMENT  A  REVISED RATE OR FEE TO
 ENSURE COMPLIANCE WITH THIS ARTICLE FOR ALL AFFECTED PERSONS.
   § 305. CABLE SERVICES. THIS SECTION APPLIES TO ACTIVITIES IN THE RIGHT
 OF WAY ONLY. NOTHING IN THIS ARTICLE SHALL BE INTERPRETED TO  ALLOW  ANY
 ENTITY  TO PROVIDE SERVICES REGULATED UNDER 47 U.S.C. § 521 TO 573 WITH-
 OUT COMPLIANCE WITH ALL LAWS APPLICABLE TO  SUCH  PROVIDERS,  NOR  SHALL
 THIS  ARTICLE  BE  INTERPRETED  TO  IMPOSE ANY NEW REQUIREMENTS ON CABLE
 PROVIDERS FOR THE PROVISION OF SUCH SERVICE IN THIS STATE.
   § 306. LOCAL AUTHORITY. SUBJECT TO THIS ARTICLE AND APPLICABLE FEDERAL
 LAW, A MUNICIPAL CORPORATION MAY CONTINUE TO EXERCISE ZONING, LAND  USE,
 PLANNING AND PERMITTING AUTHORITY WITHIN ITS TERRITORIAL BOUNDARIES WITH
 RESPECT  TO WIRELESS SUPPORT STRUCTURES AND UTILITY POLES, INCLUDING THE
 ENFORCEMENT OF APPLICABLE CODES.  A MUNICIPAL CORPORATION SHALL NOT HAVE
 OR EXERCISE ANY JURISDICTION OR AUTHORITY OVER THE DESIGN,  ENGINEERING,
 CONSTRUCTION,  INSTALLATION,  OR  OPERATION OF A SMALL WIRELESS FACILITY

 S. 7508--A                         123                        A. 9508--A
 
 LOCATED IN AN INTERIOR STRUCTURE OR UPON THE SITE OF A CAMPUS,  STADIUM,
 OR  ATHLETIC  FACILITY  NOT  OWNED OR CONTROLLED BY THE MUNICIPAL CORPO-
 RATION, OTHER THAN TO REQUIRE COMPLIANCE WITH APPLICABLE CODES.  NOTHING
 IN  THIS  ARTICLE  AUTHORIZES  THE  STATE  OR ANY POLITICAL SUBDIVISION,
 INCLUDING A MUNICIPAL CORPORATION, TO REQUIRE WIRELESS FACILITY  DEPLOY-
 MENT OR TO REGULATE WIRELESS SERVICES.
   §  307.  INVESTOR-OWNED  ELECTRIC UTILITY POLES. THIS ARTICLE DOES NOT
 APPLY TO UTILITY POLES OWNED BY AN INVESTOR-OWNED UTILITY, EXCEPT AS  IT
 CONCERNS  A  WIRELESS  PROVIDER'S ACCESS TO THE RIGHT OF WAY AND PERMITS
 FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES ON SUCH UTILITY POLES.
   § 308. IMPLEMENTATION.  1. ADOPTION. A MUNICIPAL CORPORATION MAY ADOPT
 AN ORDINANCE THAT MAKES AVAILABLE TO WIRELESS PROVIDERS RATES, FEES, AND
 OTHER TERMS THAT COMPLY  WITH  THIS  ARTICLE.    SUBJECT  TO  THE  OTHER
 PROVISIONS  OF THIS SECTION, IN THE ABSENCE OF AN ORDINANCE OR AGREEMENT
 THAT FULLY COMPLIES WITH THIS ARTICLE AND UNTIL SUCH A  COMPLIANT  ORDI-
 NANCE IS ADOPTED, IF AT ALL, A WIRELESS PROVIDER MAY INSTALL AND OPERATE
 SMALL  WIRELESS  FACILITIES  AND  ASSOCIATED  UTILITY  POLES  UNDER  THE
 REQUIREMENTS OF THIS ARTICLE. A MUNICIPAL CORPORATION MAY NOT REQUIRE  A
 WIRELESS  PROVIDER TO ENTER INTO AN AGREEMENT TO IMPLEMENT THIS ARTICLE,
 BUT SUCH AGREEMENTS ARE PERMISSIBLE IF VOLUNTARY AND NONDISCRIMINATORY.
   2. ORDINANCES AND AGREEMENTS.  ORDINANCES AND AGREEMENTS  IMPLEMENTING
 THIS  ARTICLE ARE PUBLIC/PRIVATE ARRANGEMENTS AND ARE MATTERS OF LEGITI-
 MATE AND SIGNIFICANT STATEWIDE CONCERN.
   3. APPLICATION. AN AGREEMENT OR ORDINANCE THAT DOES NOT  FULLY  COMPLY
 WITH  THIS  ARTICLE  SHALL  APPLY  ONLY TO SMALL WIRELESS FACILITIES AND
 ASSOCIATED UTILITY POLES THAT WERE OPERATIONAL BEFORE THE EFFECTIVE DATE
 OF THIS ARTICLE, AND SHALL BE DEEMED INVALID AND UNENFORCEABLE BEGINNING
 ON THE ONE HUNDRED EIGHTY-FIRST DAY AFTER THE  EFFECTIVE  DATE  OF  THIS
 ARTICLE  UNLESS AMENDED TO FULLY COMPLY WITH THIS ARTICLE.  IF AN AGREE-
 MENT OR ORDINANCE IS INVALID IN ACCORDANCE WITH THIS SUBDIVISION,  SMALL
 WIRELESS FACILITIES AND ASSOCIATED UTILITY POLES THAT BECAME OPERATIONAL
 BEFORE THE EFFECTIVE DATE OF THIS ARTICLE, PURSUANT TO SUCH AGREEMENT OR
 ORDINANCE,  MAY  REMAIN INSTALLED AND BE OPERATED UNDER THE REQUIREMENTS
 OF THIS ARTICLE.
   4. INVALID AND UNENFORCEABLE.  AN AGREEMENT OR ORDINANCE THAT  APPLIES
 TO  SMALL  WIRELESS  FACILITIES AND ASSOCIATED UTILITY POLES THAT BECOME
 OPERATIONAL ON OR AFTER THE EFFECTIVE DATE OF THIS  ARTICLE  IS  INVALID
 AND  UNENFORCEABLE  UNLESS  IT  FULLY COMPLIES WITH THIS ARTICLE. IN THE
 ABSENCE OF AN ORDINANCE OR AGREEMENT THAT FULLY COMPLIES WITH THIS ARTI-
 CLE, A WIRELESS PROVIDER MAY INSTALL AND OPERATE SMALL WIRELESS  FACILI-
 TIES AND ASSOCIATED UTILITY POLES IN THE RIGHT OF WAY UNDER THE REQUIRE-
 MENTS OF THIS ARTICLE.
   §  309.  DISPUTE  RESOLUTION.  A COURT OF COMPETENT JURISDICTION SHALL
 HAVE JURISDICTION TO DETERMINE ALL DISPUTES ARISING UNDER THIS  ARTICLE.
 PENDING  RESOLUTION  OF  A  DISPUTE  CONCERNING RATES FOR COLLOCATION OF
 SMALL WIRELESS FACILITIES ON MUNICIPAL  CORPORATION  POLES,  THE  PERSON
 OWNING  OR  CONTROLLING  THE  POLE SHALL ALLOW THE COLLOCATING PERSON TO
 COLLOCATE ON ITS POLES AT ANNUAL RATES OF NO MORE  THAN  TWENTY  DOLLARS
 WITH RATES TO BE TRUED UP UPON FINAL RESOLUTION OF THE DISPUTE.
   §  310.  INDEMNIFICATION,  INSURANCE,  AND BONDING. A MUNICIPAL CORPO-
 RATION MAY  ADOPT  REASONABLE  INDEMNIFICATION,  INSURANCE  AND  BONDING
 REQUIREMENTS  RELATED  TO SMALL WIRELESS FACILITY AND ASSOCIATED UTILITY
 POLE PERMITS SUBJECT TO THE REQUIREMENTS OF THIS ARTICLE.
   1. INDEMNIFICATION. A MUNICIPAL CORPORATION SHALL NOT REQUIRE A  WIRE-
 LESS  PROVIDER  TO  INDEMNIFY AND HOLD THE MUNICIPAL CORPORATION AND ITS
 OFFICERS AND EMPLOYEES HARMLESS AGAINST ANY CLAIMS, LAWSUITS, JUDGMENTS,

 S. 7508--A                         124                        A. 9508--A

 COSTS, LIENS, LOSSES, EXPENSES OR FEES, EXCEPT WHEN A COURT OF COMPETENT
 JURISDICTION HAS FOUND THAT THE  NEGLIGENCE  OF  THE  WIRELESS  PROVIDER
 WHILE INSTALLING, REPAIRING, OR MAINTAINING CAUSED THE HARM THAT CREATED
 SUCH  CLAIMS,  LAWSUITS,  JUDGMENTS,  COSTS, LIENS, LOSSES, EXPENSES, OR
 FEES.
   2. INSURANCE. A MUNICIPAL CORPORATION AUTHORITY MAY REQUIRE A WIRELESS
 PROVIDER TO HAVE IN EFFECT INSURANCE COVERAGE CONSISTENT  WITH  SUBDIVI-
 SION  ONE  OF THIS SECTION, SO LONG AS THE MUNICIPAL CORPORATION IMPOSES
 SIMILAR REQUIREMENTS ON OTHER RIGHT OF WAY USERS AND  SUCH  REQUIREMENTS
 ARE  REASONABLE  AND  NONDISCRIMINATORY. (A) A MUNICIPAL CORPORATION MAY
 NOT REQUIRE A WIRELESS PROVIDER TO OBTAIN INSURANCE NAMING THE MUNICIPAL
 CORPORATION OR ITS OFFICERS AND EMPLOYEES AN ADDITIONAL INSURED.
   (B) A MUNICIPAL CORPORATION AUTHORITY MAY REQUIRE A WIRELESS  PROVIDER
 TO  FURNISH PROOF OF INSURANCE, IF REQUIRED, PRIOR TO THE EFFECTIVE DATE
 OF ANY PERMIT ISSUED FOR A SMALL WIRELESS FACILITY.
   3. BONDING. A MUNICIPAL CORPORATION MAY ADOPT BONDING REQUIREMENTS FOR
 SMALL WIRELESS FACILITIES IF THE MUNICIPAL CORPORATION  IMPOSES  SIMILAR
 REQUIREMENTS  IN  CONNECTION  WITH PERMITS ISSUED FOR OTHER RIGHT OF WAY
 USERS.
   (A) THE PURPOSE OF SUCH BONDS SHALL BE TO:
   (I) PROVIDE FOR THE REMOVAL  OF  ABANDONED  OR  IMPROPERLY  MAINTAINED
 SMALL  WIRELESS FACILITIES, INCLUDING THOSE THAT A MUNICIPAL CORPORATION
 DETERMINES NEED TO BE REMOVED  TO  PROTECT  PUBLIC  HEALTH,  SAFETY,  OR
 WELFARE;  (II)  RESTORATION  OF  THE  RIGHT  OF  WAY  IN CONNECTION WITH
 REMOVALS UNDER SUBDIVISION THIRTEEN OF SECTION THREE HUNDRED ONE OF THIS
 ARTICLE; OR (III) TO RECOUP RATES OR FEES THAT HAVE NOT BEEN PAID  BY  A
 WIRELESS PROVIDER IN OVER TWELVE MONTHS, SO LONG AS THE WIRELESS PROVID-
 ER  HAS RECEIVED REASONABLE NOTICE FROM THE MUNICIPAL CORPORATION OF ANY
 OF THE NON-COMPLIANCE LISTED ABOVE AND AN OPPORTUNITY TO CURE.
   (B) BONDING REQUIREMENTS MAY NOT EXCEED TWO HUNDRED DOLLARS PER  SMALL
 WIRELESS  FACILITY.  FOR WIRELESS PROVIDERS WITH MULTIPLE SMALL WIRELESS
 FACILITIES WITHIN THE JURISDICTION OF A  SINGLE  MUNICIPAL  CORPORATION,
 THE  TOTAL BOND AMOUNT ACROSS ALL FACILITIES MAY NOT EXCEED TEN THOUSAND
 DOLLARS, WHICH AMOUNT MAY BE COMBINED INTO ONE BOND INSTRUMENT.
   § 2. The highway law is amended by adding a new section 24 to read  as
 follows:
   24.  STATEWIDE  MASTER LICENSE AGREEMENT.   THE COMMISSIONER IS HEREBY
 AUTHORIZED TO ENTER INTO A STATEWIDE MASTER  LICENSE  AGREEMENT  WITH  A
 WIRELESS  PROVIDER  FOR  USE AND OCCUPANCY OF THE STATE RIGHT OF WAY FOR
 THE PURPOSES OF  INSTALLING  COMMUNICATIONS  FACILITIES  ON  UTILITY  OR
 DEPARTMENT OWNED POLES OR NEW WIRELESS PROVIDER OWNED POLES. THE COMMIS-
 SIONER  SHALL  INCLUDE  ELEMENTS  IN  SUCH  AN AGREEMENT HE OR SHE DEEMS
 APPROPRIATE TO MAINTAIN THE SAFETY AND  EFFECTIVE  MANAGEMENT  OF  STATE
 ROADWAYS.  SUCH STATEWIDE AGREEMENT MAY INCLUDE A FEE, NOT TO EXCEED THE
 GREATER  OF THE DEPARTMENT'S DIRECT COSTS, OR AN AMOUNT SET FORTH IN THE
 AGREEMENT FOR USE AND OCCUPANCY OF THE RIGHT OF WAY, PER SMALL  WIRELESS
 FACILITY  AS  THAT TERM IS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION
 THREE HUNDRED OF THE GENERAL MUNICIPAL  LAW.  NOTHING  IN  THIS  SECTION
 SHALL BE DEEMED TO PROHIBIT THE DEPARTMENT FROM COLLECTING ANY OTHER FEE
 IT  HAS  ESTABLISHED  FOR  ANY OTHER PERMIT THE DEPARTMENT ISSUES OR ANY
 OTHER FEE THE DEPARTMENT ASSESSES ANY INDIVIDUAL FOR ANY ACTIVITY IN THE
 DEPARTMENT'S NORMAL COURSE OF BUSINESS.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                  PART CC

 S. 7508--A                         125                        A. 9508--A
 
   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 58 of the laws of 2018, is amended to read as follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed on July 1, [2020] 2024; provided however, that the expi-
 ration of this act shall not impair  or  otherwise  affect  any  of  the
 powers,  duties,  responsibilities,  functions, rights or liabilities of
 any subsidiary duly  created  pursuant  to  subdivision  twenty-five  of
 section 1678 of the public authorities law prior to such expiration.
   § 2. This act shall take effect immediately.
 
                                  PART DD
 
   Section  1.  Subdivision  (a)  of section 2 and section 3 of part F of
 chapter 60 of the laws of 2015 constituting the  infrastructure  invest-
 ment act, subdivision (a) of section 2 as amended by section 1 of part M
 of chapter 39 of the laws of 2019, and section 3 as amended by section 3
 of  part  RRR  of chapter 59 of the laws of 2017, are amended to read as
 follows:
   (a) (i) "authorized state entity" shall mean the New York state  thru-
 way  authority,  the  department of transportation, the office of parks,
 recreation and historic preservation, the  department  of  environmental
 conservation  [and],  the New York state bridge authority, THE OFFICE OF
 GENERAL SERVICES, THE DORMITORY AUTHORITY, THE URBAN DEVELOPMENT  CORPO-
 RATION, THE STATE UNIVERSITY CONSTRUCTION FUND, THE NEW YORK STATE OLYM-
 PIC REGIONAL DEVELOPMENT AUTHORITY AND THE BATTERY PARK CITY AUTHORITY.
   (ii)  Notwithstanding the provisions of subdivision 26 of section 1678
 of the public authorities law, section 8 of the  public  buildings  law,
 sections  8  and  9  of  section 1 of chapter 359 of the laws of 1968 as
 amended, section 103 of the general municipal law, and the provisions of
 any other law to the contrary, the term "authorized state entity"  shall
 also refer to only those agencies or authorities identified below solely
 in connection with the following authorized projects, provided that such
 an  authorized  state entity may utilize the alternative delivery method
 referred to as design-build contracts  solely  in  connection  with  the
 following authorized projects should the total cost of each such project
 not be less than five million dollars ($5,000,000):
 
     Authorized Projects                     Authorized State Entity
 
 1.  Frontier Town                        Urban Development Corporation
 
 2.  Life Sciences Laboratory             Dormitory Authority & Urban
                                          Development Corporation
 
 3.  Whiteface Transformative Projects    New York State Olympic Regional
                                          Development Authority
 
 4.  Gore Transformative Projects         New York State Olympic Regional
                                          Development Authority
 5.  Belleayre Transformative Projects    New York State Olympic Regional
                                          Development Authority
 6.  Mt. Van Hoevenberg Transformative    New York State Olympic Regional

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     Projects                             Development Authority
 7.  Olympic Training Center              New York State Olympic Regional
                                          Development Authority
 8.  Olympic Arena and Convention         New York State Olympic Regional
     Center Complex                       Development Authority
 9.  State Fair Revitalization            Office of General
     Projects                             Services
 10. State Police Forensic                Office of General
     Laboratory                           Services
 
   Notwithstanding  any  provision  of law to the contrary, all rights or
 benefits, including terms and conditions of employment,  and  protection
 of  civil  service  and  collective  bargaining  status  of all existing
 employees of authorized state entities [solely in  connection  with  the
 authorized  projects  listed  above,]  shall be preserved and protected.
 Nothing in this section shall result in the:  (1)  displacement  of  any
 currently  employed  worker  or  loss  of  position  (including  partial
 displacement such as a reduction in  the  hours  of  non-overtime  work,
 wages,  or  employment benefits) or result in the impairment of existing
 collective bargaining agreements; [and] (2) transfer of existing  duties
 and  functions related to maintenance and operations currently performed
 by existing employees of authorized  state  entities  to  a  contracting
 entity;  OR  (3)  TRANSFER  OF  FUTURE  DUTIES  AND FUNCTIONS ORDINARILY
 PERFORMED BY EMPLOYEES OF AUTHORIZED STATE ENTITIES TO  THE  CONTRACTING
 ENTITY.  Nothing  contained  herein shall be construed to affect (A) the
 existing rights of employees pursuant to an existing collective bargain-
 ing agreement, and (B) the existing representational relationships among
 employee organizations  or  the  bargaining  relationships  between  the
 employer and an employee organization.
   If otherwise applicable, authorized projects undertaken by the author-
 ized   state  entities  listed  above  solely  in  connection  with  the
 provisions of this act shall be subject to  section  135  of  the  state
 finance  law,  section 101 of the general municipal law, and section 222
 of the labor law; provided, however, that an authorized state entity may
 fulfill its obligations under section 135 of the state  finance  law  or
 section  101 of the general municipal law by requiring the contractor to
 prepare separate specifications in accordance with section  135  of  the
 state  finance  law  or section 101 of the general municipal law, as the
 case may be.
   § 3. Notwithstanding the provisions of section 38 of the highway  law,
 section  136-a  of  the state finance law, [section] SECTIONS 359, 1678,
 1680, 1680-A  AND  2879-A  of  the  public  authorities  law,  [section]
 SECTIONS  376, 407-A, 6281 AND 7210 of the education law, SECTIONS 8 AND
 9 OF THE PUBLIC BUILDINGS LAW, SECTION 11 OF CHAPTER 795 OF THE LAWS  OF
 1967,  SECTION  11  OF  SECTION  1 OF CHAPTER 174 OF THE LAWS OF 1968 AS
 AMENDED, SECTION 8 AND 9 OF SECTION 1 OF CHAPTER 359 OF THE LAWS OF 1968
 AS AMENDED, SECTION 29 OF CHAPTER 337 OF THE LAWS OF 1972, SECTION 21 OF
 CHAPTER 464 OF THE LAWS OF 1972, SECTION 103 OF  THE  GENERAL  MUNICIPAL
 LAW,  and  the  provisions  of  any  other  law  to the contrary, and in
 conformity with the requirements of this act, an authorized state entity
 may utilize the alternative delivery method referred to as  design-build
 contracts,  in  consultation with relevant local labor organizations and
 construction industry, for capital projects LOCATED IN THE STATE related
 to [the state's] physical infrastructure, including, but not limited to,
 [the state's] highways, bridges, BUILDINGS AND  APPURTENANT  STRUCTURES,
 dams,  flood  control  projects,  canals,  and parks, including, but not

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 limited to, to repair damage caused  by  natural  disaster,  to  correct
 health and safety defects, to comply with federal and state laws, stand-
 ards,  and  regulations,  to  extend  the useful life of or replace [the
 state's]  highways, bridges, BUILDINGS AND APPURTENANT STRUCTURES, dams,
 flood control projects, canals, and parks or to improve or add  to  [the
 state's]  highways, bridges, BUILDINGS AND APPURTENANT STRUCTURES, dams,
 flood control  projects,  canals,  and  parks;  provided  that  for  the
 contracts  executed  by  the department of transportation, the office of
 parks, recreation and historic preservation, or the department of  envi-
 ronmental conservation, the total cost of each such project shall not be
 less than ten million dollars ($10,000,000).
   §  2. The opening paragraph and subdivision (a) of section 4 of part F
 of chapter 60 of  the  laws  of  2015  constituting  the  infrastructure
 investment act, as amended by section 4 of part RRR of chapter 59 of the
 laws of 2017, are amended to read as follows:
   An  entity  selected  by  an  authorized  state entity to enter into a
 design-build contract [shall] MAY be selected through a two-step method,
 as follows:
   (a) Step one. Generation of a list of entities that have  demonstrated
 the  general capability to perform the design-build contract.  Such list
 shall consist of a specified number of entities,  as  determined  by  an
 authorized  state  entity, and shall be generated based upon the author-
 ized state entity's review of responses to a publicly advertised request
 for qualifications. The authorized state entity's request for qualifica-
 tions shall include a general description of the  project,  the  maximum
 number of entities to be included on the list, the selection criteria to
 be used and the relative weight of each criteria in generating the list.
 Such  selection criteria shall include the qualifications and experience
 of the design and construction team, organization, demonstrated  respon-
 sibility,  ability  of the team or of a member or members of the team to
 comply with applicable requirements, including the provisions  of  arti-
 cles  145,  147  and 148 of the education law, past record of compliance
 with the labor law, and such other qualifications the  authorized  state
 entity  deems  appropriate  which  may  include  but  are not limited to
 project understanding, financial capability and record of past  perform-
 ance.  The  authorized state entity shall evaluate and rate all entities
 responding to the request for qualifications.  Based upon such  ratings,
 the authorized state entity shall list the entities that shall receive a
 request  for  proposals  in  accordance  with  subdivision  (b)  of this
 section.   To the extent consistent with  applicable  federal  law,  the
 authorized  state  entity  shall  consider,  when  awarding any contract
 pursuant to this section, the  participation  of:  (i)  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]  (ii) small business
 concerns identified pursuant to subdivision (b) of section 139-g of  the
 state finance law; AND (III) FIRMS CERTIFIED PURSUANT TO ARTICLE 17-B OF
 THE  EXECUTIVE  LAW AS SERVICE-DISABLED VETERAN-OWNED BUSINESSES AND THE
 ABILITY OF OTHER BUSINESSES UNDER CONSIDERATION TO  WORK  WITH  SERVICE-
 DISABLED  VETERAN-OWNED  BUSINESSES  SO AS TO PROMOTE AND ASSIST PARTIC-
 IPATION BY SUCH BUSINESSES.
   § 3. Sections 7 and 8 of part F of chapter 60  of  the  laws  of  2015
 constituting  the  infrastructure  investment act are amended to read as
 follows:

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   § 7. If otherwise  applicable,  capital  projects  undertaken  by  the
 authorized state entity pursuant to this act shall be subject to section
 135  of  the state finance law, SECTION 101 OF THE GENERAL MUNICIPAL LAW
 and section 222 of the labor law; PROVIDED, HOWEVER, THAT AN  AUTHORIZED
 STATE  ENTITY MAY FULFILL ITS OBLIGATIONS UNDER SECTION 135 OF THE STATE
 FINANCE LAW OR SECTION 101 OF THE GENERAL MUNICIPAL LAW BY REQUIRING THE
 CONTRACTOR TO PREPARE SEPARATE SPECIFICATIONS IN ACCORDANCE WITH SECTION
 135 OF THE STATE FINANCE LAW OR SECTION 101  OF  THE  GENERAL  MUNICIPAL
 LAW, AS THE CASE MAY BE.
   §  8. Each contract entered into by the authorized state entity pursu-
 ant to this section shall comply with the objectives and goals of minor-
 ity and women-owned business enterprises pursuant to article 15-A of the
 executive law AND OF SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES
 PURSUANT TO ARTICLE 17-B OF THE EXECUTIVE LAW or, for projects receiving
 federal aid, shall  comply  with  applicable  federal  requirements  for
 disadvantaged business enterprises.
   §  4. Paragraph 3 of subdivision (a) and subdivision (b) of section 13
 of part F of chapter 60 of the laws of 2015 constituting the infrastruc-
 ture investment act, as amended by section 11 of part RRR of chapter  59
 of the laws of 2017, are amended to read as follows:
   3. (I) 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, WHICH LUMP SUM PRICE MAY BE NEGO-
 TIATED AND ESTABLISHED  BY  THE  AUTHORIZED  STATE  ENTITY  BASED  ON  A
 PROPOSED GUARANTEED MAXIMUM PRICE.
   (II)  THE DESIGN-BUILD CONTRACT MAY INCLUDE BOTH LUMP SUM ELEMENTS AND
 COST-PLUS NOT TO EXCEED GUARANTEED MAXIMUM PRICE ELEMENTS AND  MAY  ALSO
 PROVIDE FOR PROFESSIONAL SERVICES ON A FEE-FOR-SERVICE BASIS.
   (b)  Capital  projects  undertaken  by  an authorized state entity may
 include an incentive clause in  the  contract  for  various  performance
 objectives, but the incentive clause shall not include an incentive that
 exceeds the quantifiable value of the benefit received by the authorized
 state  entity.  [The] NOTWITHSTANDING THE PROVISIONS OF SECTIONS 136 AND
 137 OF THE STATE FINANCE LAW, THE authorized state entity shall  [estab-
 lish]  REQUIRE  such  performance  and  payment  bonds, OR OTHER FORM OF
 UNDERTAKING as it deems necessary.
   § 5. Part F of chapter 60 of the laws of 2015 constituting the infras-
 tructure investment act is amended by adding a new section 15-a to  read
 as follows:
   §  15-A.  ANY CONTRACT AWARDED PURSUANT TO THIS ACT SHALL BE DEEMED TO
 BE AWARDED PURSUANT TO A COMPETITIVE PROCUREMENT FOR PURPOSES OF SECTION
 2879-A OF THE PUBLIC AUTHORITIES LAW.
   § 6. Section 17 of part F of chapter 60 of the laws of 2015 constitut-
 ing the infrastructure investment act, as amended by section 1  of  part
 WWW of chapter 59 of the laws of 2019, is amended to read as follows:
   §  17.  This act shall take effect immediately and shall expire and be
 deemed repealed [6 years after such date]  ON  JULY  1,  2023,  provided
 that,  projects  with  requests  for qualifications issued prior to such
 repeal shall be permitted to continue  under  this  act  notwithstanding
 such repeal.
   §  7.  This act shall take effect immediately; provided, however, that
 the amendments to part F of chapter 60 of  the  laws  of  2015  made  by
 sections one, two, three, four and five of this act shall not affect the
 repeal of such part and shall be deemed to repeal therewith.

 S. 7508--A                         129                        A. 9508--A
 
                                  PART EE
 
   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 Z of chapter 58 of the
 laws of 2019, 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, [2020] 2021.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after July 1, 2020.
 
                                  PART FF
 
   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 Y of chapter 58 of the  laws  of  2019,  is
 amended to read as follows:
   §  2.  This  act shall take effect immediately provided, however, that
 section one of this act shall expire on July 1, [2020]  2021,  at  which
 time the provisions of subdivision 26 of section 5 of the New York state
 urban  development  corporation  act shall be deemed repealed; provided,
 however, that neither the expiration nor the repeal of such  subdivision
 as provided for herein shall be deemed to affect or impair in any manner
 any  loan  made  pursuant  to the authority of such subdivision prior to
 such expiration and repeal.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2020.
 
                                  PART GG
 
   Section  1.  Paragraph  (a)  of  subdivision  11 of section 400 of the
 economic development law, as amended by section 3 of part QQ of  chapter
 60 of the laws of 2016, is amended to read as follows:
   (a)  a  correctional facility, as defined in paragraph (a) of subdivi-
 sion four of section two of the correction law, that has  been  selected
 by  the governor of the state of New York for closure after April first,
 two thousand eleven[ but no later than March thirty-first, two  thousand
 twelve]; or
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to section 400 of the economic development  law  made  by
 section  one of this act shall not affect the repeal of such section and
 shall be deemed repealed therewith.
 
                                  PART HH
 
   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 $22,700,000
 shall be reimbursed by assessment against gas corporations,  as  defined

 S. 7508--A                         130                        A. 9508--A
 
 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 2018. 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, 2020 and such amounts shall be  paid  to
 the  New  York  state  energy  research  and development authority on or
 before September 10, 2020. 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 up to $4 million to the state general fund for  climate  change
 related services and expenses of the department of environmental conser-
 vation,  $150,000 to the state general fund for services and expenses of
 the department of agriculture and markets, and $825,000 to the Universi-
 ty 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 president and chief executive
 officer of the authority, or his or her designee, detailing any and  all
 expenditures  and  commitments ascribable to moneys received as a result
 of this assessment by the chair of  the  department  of  public  service
 pursuant  to  section  18-a  of  the public service law.   This itemized
 record shall include an itemized breakdown of the programs being  funded
 by this section and the amount committed to each program.  The authority
 shall  not  commit  for  any  expenditure,  any  moneys derived from the
 assessment provided for in this section, until the chair of such author-
 ity shall have submitted, and the director  of  the  budget  shall  have
 approved,  a comprehensive financial plan encompassing all moneys avail-
 able to and all anticipated commitments and expenditures by such author-
 ity from any source for the operations of such authority.  Copies of the
 approved comprehensive financial plan shall be immediately submitted  by
 the  chair  to  the  chairs  and  secretaries  of the legislative fiscal
 committees.   Any  such  amount  not  committed  by  such  authority  to
 contracts  or  contracts  to  be  awarded  or  otherwise expended by the
 authority during the fiscal year shall be refunded by such authority  on
 a  pro-rata  basis to such gas and/or electric corporations, in a manner
 to be determined by the department of public  service,  and  any  refund
 amounts  must  be  explicitly lined out in the itemized record described
 above.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2020.
 
                                  PART II

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   Section  1.  The  closing paragraph of subdivision 1 of section 161 of
 the labor law, as added by chapter 105 of the laws of 2019,  is  amended
 to read as follows:
   Every  person  employed  as  a  farm laborer shall be allowed at least
 twenty-four consecutive hours of rest in each and every  calendar  week.
 This  requirement  shall  not  apply  to  the EMPLOYER OR parent, child,
 spouse or other member of the employer's immediate  family.    THE  TERM
 "EMPLOYER"  SHALL HAVE THE SAME MEANING AS DEFINED IN PARAGRAPHS (A) AND
 (B) OF SUBDIVISION TWO OF SECTION SEVEN HUNDRED ONE OF THIS CHAPTER. THE
 TERM "IMMEDIATE FAMILY MEMBER" SHALL MEAN FAMILY RELATED  TO  THE  THIRD
 DEGREE OF CONSANGUINITY OR AFFINITY. Twenty-four consecutive hours spent
 at  rest  because  of circumstances, such as weather or crop conditions,
 shall be deemed to constitute the rest required by  this  paragraph.  No
 provision of this paragraph shall prohibit a farm laborer from voluntar-
 ily  agreeing  to  work  on such day of rest required by this paragraph,
 provided that the farm laborer is compensated at an overtime rate  which
 is at least one and one-half times the laborer's regular rate of pay for
 all  hours  worked on such day of rest. The term "farm labor" AS USED IN
 THIS SECTION AND SECTIONS ONE HUNDRED SIXTY-TWO AND ONE  HUNDRED  SIXTY-
 THREE-A OF THIS ARTICLE shall include all services performed in agricul-
 tural  employment  in  connection  with  cultivating  the  soil,  or  in
 connection with  raising  or  harvesting  of  agricultural  commodities,
 including the raising, shearing, caring for and management of livestock,
 poultry  or  dairy.  The  day  of rest authorized under this subdivision
 should, whenever possible, coincide with the traditional day reserved by
 the farm laborer for religious worship.
   § 2. Section 163-a of the labor law, as added by chapter  105  of  the
 laws of 2019, is amended to read as follows:
   §  163-a.  Farm  laborers.  No  person or corporation operating a farm
 shall require any [employee] FARM LABORER to work more than sixty  hours
 in  any  calendar  week;  provided,  however,  that  any  overtime  work
 performed by a farm laborer shall be at a rate which is at least one and
 one-half times the laborer's regular rate of pay. No wage order  subject
 to  the provisions of this chapter shall be applicable to a farm laborer
 other than a wage order established  pursuant  to  section  six  hundred
 seventy-four or six hundred seventy-four-a of this chapter.
   §  3.  Paragraph (c) of subdivision 3 of section 701 of the labor law,
 as added by chapter 105 of the laws of  2019,  is  amended  to  read  as
 follows:
   (c) The term "employee" shall also include farm laborers. "Farm labor-
 ers"  shall  mean  any individual engaged or permitted by an employer to
 work on a farm, except the parent, spouse, child, or other member of the
 employer's immediate family.  THE TERM "IMMEDIATE FAMILY  MEMBER"  SHALL
 MEAN FAMILY RELATED TO THE THIRD DEGREE OF CONSANGUINITY OR AFFINITY.
   § 4. This act shall take effect immediately.
 
                                  PART JJ
 
   Section  1.  Section  103  of  the general municipal law is amended by
 adding a new subdivision 9-b to read as follows:
   9-B. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION  TO  THE
 CONTRARY,  A  BOARD OF EDUCATION, ON BEHALF OF ITS SCHOOL DISTRICT, OR A
 BOARD OF COOPERATIVE EDUCATIONAL  SERVICES,  THAT  PURCHASES  GOODS  AND
 SERVICES  FOR  THE  FEDERAL  CHILD  NUTRITION  PROGRAMS  MAY USE ITS OWN
 PROCUREMENT PROCEDURES WHICH ADHERE TO APPLICABLE LOCAL LAWS  AND  REGU-
 LATIONS,  PROVIDED  THAT  PROCUREMENTS  MADE  WITH NONPROFIT SCHOOL FOOD

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 ACCOUNT FUNDS ADHERE TO THE STANDARDS SET FORTH IN THE  NATIONAL  SCHOOL
 LUNCH  PROGRAM (7 CFR 210), SCHOOL BREAKFAST PROGRAM (7 CFR 220), SUMMER
 FOOD SERVICE PROGRAM (7 CFR 225), AND IN 2 CFR PART 200, SUBPART  D,  AS
 APPLICABLE.
   § 2. This act shall take effect immediately.
 
                                  PART KK
 
   Section  1.  Subdivision 4 of section 1285-j of the public authorities
 law is amended by adding a new closing paragraph to read as follows:
   SUBJECT TO ANY APPLICABLE PROVISIONS OF  FEDERAL  OR  STATE  LAW,  ANY
 FINANCIAL  ASSISTANCE  AT  AN  INTEREST RATE OF ZERO PERCENT PROVIDED TO
 MUNICIPALITIES THAT MEET THE HARDSHIP CRITERIA ESTABLISHED  PURSUANT  TO
 SECTION  17-1909 OF THE ENVIRONMENTAL CONSERVATION LAW, MAY HAVE A FINAL
 MATURITY UP TO FORTY YEARS FOLLOWING COMPLETION OF THE ELIGIBLE PROJECT.
   § 2. Subdivision 4 of section 1285-m of the public authorities law  is
 amended by adding a new closing paragraph to read as follows:
   SUBJECT  TO  ANY  APPLICABLE  PROVISIONS  OF FEDERAL OR STATE LAW, ANY
 FINANCIAL ASSISTANCE AT AN INTEREST RATE OF  ZERO  PERCENT  PROVIDED  TO
 MUNICIPALITIES  THAT  MEET THE HARDSHIP CRITERIA ESTABLISHED PURSUANT TO
 TITLE FOUR OF ARTICLE ELEVEN OF THE PUBLIC HEALTH LAW, MAY HAVE A  FINAL
 MATURITY UP TO FORTY YEARS FOLLOWING COMPLETION OF THE ELIGIBLE PROJECT.
   § 3. This act shall take effect immediately.
 
                                  PART LL
 
   Section  1.  The  banking  law is amended by adding a new article 7 to
 read as follows:
                                ARTICLE VII
                     LICENSED CONSUMER DEBT COLLECTORS
 SECTION 295. DEFINITIONS.
         296. LICENSE REQUIRED; ENTITIES EXEMPT.
         297. APPLICATION FOR LICENSE; FEES.
         298. SURETY BOND REQUIRED.
         299. EXAMINATION; BOOKS AND RECORDS; REPORTS.
         300. PROHIBITED ACTS.
         301. REGULATIONS; MINIMUM STANDARDS.
         302. APPLICATION FOR ACQUISITION OF CONTROL OF A  CONSUMER  DEBT
                COLLECTOR.
         303. SUSPENSION AND REVOCATION.
         304. BAD ACTORS.
   § 295. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "APPLICANT" MEANS A CONSUMER DEBT COLLECTOR WHO HAS FILED AN APPLI-
 CATION TO OBTAIN A LICENSE UNDER THIS ARTICLE.
   2.  "COMMUNICATION"  AND "COMMUNICATE" MEANS THE CONVEYING OF INFORMA-
 TION REGARDING A DEBT DIRECTLY OR INDIRECTLY TO ANY PERSON  THROUGH  ANY
 MEDIUM.
   3.  "CONSUMER  DEBT"  MEANS ANY OBLIGATION OF A NATURAL PERSON FOR THE
 PAYMENT OF MONEY OR ITS EQUIVALENT WHICH ARISES  OUT  OF  A  TRANSACTION
 WHICH  WAS  PRIMARILY  FOR  PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES. THE
 TERM INCLUDES AN OBLIGATION OF A  NATURAL  PERSON  WHO  IS  A  CO-MAKER,
 ENDORSER, GUARANTOR OR SURETY OF SUCH A TRANSACTION.
   4.  "CONSUMER  DEBTOR" MEANS ANY NATURAL PERSON OBLIGATED OR ALLEGEDLY
 OBLIGATED TO PAY ANY CONSUMER DEBT.
   5. "CONSUMER DEBT COLLECTOR" MEANS ANY PERSON WHO ENGAGES IN  A  BUSI-
 NESS,  A  PRINCIPAL PURPOSE OF WHICH IS THE COLLECTION OF CONSUMER DEBTS

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 OR OF DEBT BUYING, OR WHO REGULARLY COLLECTS  OR  ATTEMPTS  TO  COLLECT,
 DIRECTLY  OR  INDIRECTLY,  CONSUMER DEBTS OWED OR DUE TO ANOTHER PERSON.
 THE TERM INCLUDES ANY CREDITOR WHO, IN THE PROCESS OF COLLECTING ITS OWN
 CONSUMER DEBTS, AND USES ANY NAME OTHER THAN ITS OWN WHICH WOULD REASON-
 ABLY INDICATE THAT A THIRD PERSON IS COLLECTING OR ATTEMPTING TO COLLECT
 A CONSUMER DEBT.
   6. "CONTROL" MEANS THE POSSESSION, DIRECT OR INDIRECT, OF THE POWER TO
 DIRECT  OR  CAUSE  THE  DIRECTION  OF  THE  MANAGEMENT AND POLICIES OF A
 PERSON, WHETHER THROUGH THE OWNERSHIP OF VOTING SECURITIES, BY CONTRACT,
 EXCEPT A COMMERCIAL CONTRACT FOR GOODS OR  NON-MANAGEMENT  SERVICES,  OR
 OTHERWISE; BUT NO PERSON SHALL BE DEEMED TO CONTROL ANOTHER PERSON SOLE-
 LY  BY  REASON  OF HIS OR HER BEING AN OFFICER OR DIRECTOR OF SUCH OTHER
 PERSON. CONTROL SHALL BE PRESUMED TO EXIST IF  ANY  PERSON  DIRECTLY  OR
 INDIRECTLY OWNS, CONTROLS OR HOLDS WITH THE POWER TO VOTE TEN PERCENT OR
 MORE OF THE VOTING SECURITIES OF ANY OTHER PERSON.
   7. "CREDITOR" MEANS ANY PERSON TO WHOM A CONSUMER DEBT IS OWED.
   8.  "LICENSEE"  MEANS  A CONSUMER DEBT COLLECTOR THAT POSSESSES ONE OR
 MORE LICENSES PURSUANT TO THIS ARTICLE.
   9. "PERSON" MEANS A NATURAL PERSON OR ANY ENTITY,  INCLUDING  BUT  NOT
 LIMITED  TO  ANY  PARTNERSHIP, CORPORATION, BRANCH, AGENCY, ASSOCIATION,
 ORGANIZATION, ANY SIMILAR ENTITY OR ANY  COMBINATION  OF  THE  FOREGOING
 ACTING IN CONCERT.
   § 296. LICENSE REQUIRED; ENTITIES EXEMPT. 1. NO PERSON SHALL ACT WITH-
 IN  THIS  STATE  AS  A  CONSUMER DEBT COLLECTOR, DIRECTLY OR INDIRECTLY,
 WITHOUT FIRST OBTAINING A LICENSE FROM THE  SUPERINTENDENT.  A  CONSUMER
 DEBT  COLLECTOR  IS ACTING WITHIN THIS STATE IF IT IS SEEKING TO COLLECT
 FROM ANY CONSUMER DEBTOR THAT RESIDES WITHIN THIS STATE.
   2. NO CREDITOR MAY UTILIZE THE SERVICES OF A CONSUMER  DEBT  COLLECTOR
 TO  COLLECT FROM A CONSUMER DEBTOR THAT RESIDES WITHIN THIS STATE UNLESS
 THE CONSUMER DEBT COLLECTOR IS LICENSED BY THE SUPERINTENDENT.
   3. THE REQUIREMENTS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION  SHALL
 NOT APPLY TO:
   (A)  AN INDIVIDUAL EMPLOYED BY A LICENSED CONSUMER DEBT COLLECTOR WHEN
 ATTEMPTING TO COLLECT ON BEHALF OF SUCH CONSUMER DEBT COLLECTOR;
   (B) A PERSON WHO RECEIVES FUNDS IN ESCROW FOR SUBSEQUENT  DISTRIBUTION
 TO OTHERS, INCLUDING, BUT NOT LIMITED TO, A REAL ESTATE BROKER OR LENDER
 HOLDING FUNDS OF BORROWERS FOR PAYMENT OF TAXES OR INSURANCE;
   (C) ANY PUBLIC OFFICER ACTING IN THEIR OFFICIAL CAPACITY;
   (D)  A  PERSON WHO IS PRINCIPALLY ENGAGED IN THE BUSINESS OF SERVICING
 LOANS OR ACCOUNTS WHICH ARE NOT DELINQUENT FOR THE OWNERS  THEREOF  WHEN
 IN  ADDITION TO REQUESTING PAYMENT FROM DELINQUENT CONSUMER DEBTORS, THE
 PERSON PROVIDES OTHER SERVICES INCLUDING RECEIPT OF PAYMENT, ACCOUNTING,
 RECORD-KEEPING, DATA PROCESSING SERVICES AND  REMITTING,  FOR  LOANS  OR
 ACCOUNTS WHICH ARE CURRENT AS WELL AS THOSE WHICH ARE DELINQUENT;
   (E)  ANY  PERSON WHILE SERVING OR ATTEMPTING TO SERVE LEGAL PROCESS ON
 ANY OTHER PERSON IN CONNECTION WITH  THE  JUDICIAL  ENFORCEMENT  OF  ANY
 DEBT;
   (F)  ANY  NON-PROFIT  ORGANIZATION WHICH, AT THE REQUEST OF A CONSUMER
 DEBTOR, PERFORMS  BONA  FIDE  CONSUMER  CREDIT  COUNSELING  AND  ASSISTS
 CUSTOMERS  IN  THE LIQUIDATION OF THEIR DEBTS BY RECEIVING PAYMENTS FROM
 SUCH CONSUMER DEBTORS AND DISTRIBUTING SUCH AMOUNTS TO CREDITORS;
   (G) ANY NATIONAL BANK, FEDERAL RESERVE BANK, OR AGENCY OR DIVISION  OF
 THE  FEDERAL GOVERNMENT, OR ANY PERSON, PARTNERSHIP, ASSOCIATION, CORPO-
 RATION OR OTHER ORGANIZATION DOING BUSINESS UNDER  OR  PURSUANT  TO  THE
 PROVISIONS  OF  THIS  CHAPTER,  OR  ANY  INSURER  DOING BUSINESS UNDER A
 LICENSE ISSUED UNDER THE INSURANCE LAW; AND

 S. 7508--A                         134                        A. 9508--A
 
   (H) A SUBSIDIARY OR AFFILIATE OF ANY NATIONAL  BANK,  FEDERAL  RESERVE
 BANK,  OR  AGENCY  OR DIVISION OF THE FEDERAL GOVERNMENT, OR ANY PERSON,
 PARTNERSHIP, ASSOCIATION, CORPORATION OR OTHER ORGANIZATION DOING  BUSI-
 NESS  UNDER OR PURSUANT TO THE PROVISIONS OF THIS CHAPTER OR ANY INSURER
 DOING  BUSINESS UNDER A LICENSE ISSUED UNDER THE INSURANCE LAW, PROVIDED
 SUCH AFFILIATE OR SUBSIDIARY IS NOT PRIMARILY ENGAGED IN THE BUSINESS OF
 PURCHASING AND COLLECTING UPON DELINQUENT DEBT,  OTHER  THAN  DELINQUENT
 DEBT SECURED BY REAL PROPERTY.
   §  297.  APPLICATION  FOR  LICENSE;  FEES. 1. (A) AN APPLICATION FOR A
 LICENSE UNDER THIS ARTICLE SHALL BE IN WRITING, UNDER OATH, AND  IN  THE
 FORM PRESCRIBED BY THE SUPERINTENDENT AND SHALL CONTAIN SUCH INFORMATION
 AS THE SUPERINTENDENT MAY REQUIRE.
   (B)  THE  SUPERINTENDENT MAY REJECT AN APPLICATION FOR A LICENSE OR AN
 APPLICATION FOR THE RENEWAL OF A LICENSE IF HE OR SHE IS  NOT  SATISFIED
 THAT  THE FINANCIAL RESPONSIBILITY, CHARACTER, REPUTATION, INTEGRITY AND
 GENERAL FITNESS OF THE APPLICANT AND OF THE OWNERS, PARTNERS OR  MEMBERS
 THEREOF,  IF  THE  APPLICANT BE A PARTNERSHIP OR ASSOCIATION, AND OF THE
 OFFICERS AND DIRECTORS, IF THE APPLICANT BE A CORPORATION, ARE  SUCH  AS
 TO  COMMAND  THE CONFIDENCE OF THE PUBLIC AND TO WARRANT THE BELIEF THAT
 THE BUSINESS FOR WHICH THE APPLICATION FOR A LICENSE IS  FILED  WILL  BE
 OPERATED LAWFULLY, HONESTLY AND FAIRLY.
   (C)  IN  ADDITION  TO  ANY  OTHER  INFORMATION  THE SUPERINTENDENT MAY
 REQUIRE THE APPLICATION TO ALSO INCLUDE A DESCRIPTION OF THE  ACTIVITIES
 OF  THE  APPLICANT,  IN  SUCH DETAIL AND FOR SUCH PERIODS, AS THE SUPER-
 INTENDENT MAY ESTABLISH.
   2. AT THE TIME OF MAKING THE APPLICATION FOR A LICENSE, THE  APPLICANT
 SHALL  PAY TO THE SUPERINTENDENT A FEE AS PRESCRIBED PURSUANT TO SECTION
 EIGHTEEN-A OF THIS CHAPTER FOR EACH PROPOSED LOCATION, FOR INVESTIGATING
 THE APPLICATION.
   3. IN ADDITION TO ANY OTHER FEE IMPOSED ON AN APPLICANT  OR  LICENSEE,
 EVERY  LICENSEE  SHALL PAY TO THE SUPERINTENDENT THE SUMS PROVIDED TO BE
 PAID UNDER THE PROVISIONS OF SECTION TWO HUNDRED SIX  OF  THE  FINANCIAL
 SERVICES LAW.
   4.  THE  LICENSE  SHALL BE FOR A PERIOD OF ONE YEAR AS OF THE FIRST OF
 SEPTEMBER EACH YEAR, OR SUCH OTHER DATE AS DETERMINED BY THE SUPERINTEN-
 DENT BY REGULATION.
   5. EACH LICENSE SHALL PLAINLY STATE THE NAME OF THE LICENSEE  AND  THE
 CITY  OR  TOWN  WITH  THE  NAME OF THE STREET AND NUMBER, IF ANY, OF THE
 PLACE WHERE THE BUSINESS IS TO BE  CARRIED  ON.  A  LICENSEE  SHALL  NOT
 CHANGE  THE LOCATION WHERE THE BUSINESS OF THE LICENSEE IS TO BE CARRIED
 ON WITHOUT FIRST OBTAINING THE PRIOR APPROVAL OF THE  SUPERINTENDENT.  A
 REQUEST  FOR RELOCATION SHALL BE IN WRITING SETTING FORTH THE REASON FOR
 THE REQUEST, AND SHALL BE ACCOMPANIED BY A RELOCATION INVESTIGATION  FEE
 TO BE DETERMINED PURSUANT TO SECTION EIGHTEEN-A OF THIS CHAPTER.
   6.  THE  BUSINESS  SHALL  AT ALL TIMES BE CONDUCTED IN THE NAME OF THE
 LICENSEE AS IT APPEARS ON THE LICENSE.
   7. THE LICENSE SHALL NOT BE TRANSFERABLE NOR ASSIGNABLE.
   8. THE SUPERINTENDENT  MAY  PARTICIPATE  IN  A  MULTI-STATE  LICENSING
 SYSTEM  FOR  THE SHARING OF REGULATORY INFORMATION AND FOR THE LICENSING
 AND APPLICATION, BY ELECTRONIC OR OTHER MEANS, OF  ENTITIES  ENGAGED  IN
 THE  BUSINESS  OF  DEBT  COLLECTION.  THE  SUPERINTENDENT  MAY ESTABLISH
 REQUIREMENTS FOR PARTICIPATION BY AN APPLICANT IN A MULTI-STATE  LICENS-
 ING  SYSTEM  WHICH  MAY  VARY  FROM  THE PROVISIONS OF THIS SECTION. THE
 SUPERINTENDENT MAY REQUIRE A BACKGROUND INVESTIGATION OF EACH  APPLICANT
 FOR  A  CONSUMER  DEBT  COLLECTOR LICENSE BY MEANS OF FINGERPRINT, WHICH
 SHALL BE SUBMITTED BY ALL APPLICANTS SIMULTANEOUSLY WITH AN  APPLICATION

 S. 7508--A                         135                        A. 9508--A
 
 AND  WHICH  THE  SUPERINTENDENT  MAY  SUBMIT TO THE DIVISION OF CRIMINAL
 JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTIGATIONS FOR STATE  AND
 NATIONAL  CRIMINAL HISTORY RECORD CHECKS. IF THE APPLICANT IS A PARTNER-
 SHIP,  ASSOCIATION,  CORPORATION OR OTHER FORM OF BUSINESS ORGANIZATION,
 THE SUPERINTENDENT MAY  REQUIRE  A  BACKGROUND  INVESTIGATION  FOR  EACH
 MEMBER, DIRECTOR AND PRINCIPAL OFFICER OF THE APPLICANT AND ANY INDIVID-
 UAL  ACTING  AS A MANAGER OF AN OFFICE LOCATION. THE APPLICANT SHALL PAY
 DIRECTLY TO THE MULTI-STATE LICENSING SYSTEM ANY ADDITIONAL FEES  RELAT-
 ING TO PARTICIPATION IN THE MULTI-STATE LICENSING SYSTEM.
   §  298.  SURETY  BOND  REQUIRED. 1. A CONSUMER DEBT COLLECTOR SHALL BE
 REQUIRED TO FILE AND MAINTAIN IN FORCE A SURETY BOND, ISSUED BY A DOMES-
 TIC INSURER, AS A CONDITION PRECEDENT TO THE  ISSUANCE  OR  RENEWAL  AND
 MAINTENANCE  OF A LICENSE UNDER THIS ARTICLE.  THE BOND SHALL BE FOR THE
 BENEFIT OF CREDITORS WHO OBTAIN A JUDGMENT FROM  A  COURT  OF  COMPETENT
 JURISDICTION  BASED  ON  THE  FAILURE  OF THE CONSUMER DEBT COLLECTOR TO
 REMIT MONEY COLLECTED ON ACCOUNT AND OWED TO THE  CREDITOR.    THE  BOND
 SHALL  ALSO  BE  FOR THE BENEFIT OF CONSUMER DEBTORS WHO OBTAIN JUDGMENT
 FROM A COURT OF COMPETENT JURISDICTION  BASED  ON  A  VIOLATION  BY  THE
 CONSUMER DEBT COLLECTOR OF THE FEDERAL FAIR DEBT COLLECTION PRACTICE ACT
 OR  ANY  OTHER  NEW  YORK  LAW OR FEDERAL LAW WHICH IS APPLICABLE TO THE
 CONSUMER DEBT COLLECTOR.  THE BOND SHALL BE IN A FORM PRESCRIBED BY  THE
 SUPERINTENDENT  IN  THE  SUM  OF TWENTY-FIVE THOUSAND DOLLARS.  THE BOND
 SHALL BE CONTINUOUS IN FORM AND RUN CONCURRENTLY WITH THE  ORIGINAL  AND
 EACH  RENEWAL LICENSE PERIOD UNLESS TERMINATED BY THE INSURANCE COMPANY.
 AN INSURANCE COMPANY MAY TERMINATE A BOND AND AVOID FURTHER LIABILITY BY
 FILING A NOTICE OF TERMINATION WITH THE DEPARTMENT SIXTY DAYS  PRIOR  TO
 THE  TERMINATION  AND  AT  THE  SAME TIME SENDING THE SAME NOTICE TO THE
 CONSUMER DEBT COLLECTOR.
   2. A LICENSE SHALL BE AUTOMATICALLY CANCELLED ON THE TERMINATION  DATE
 OF  THE  BOND  UNLESS  A NEW BOND IS FILED WITH THE DEPARTMENT TO BECOME
 EFFECTIVE AT THE TERMINATION DATE OF THE PRIOR BOND.
   3. IF A LICENSE HAS BEEN CANCELLED UNDER THIS  SECTION,  THE  CONSUMER
 DEBT  COLLECTOR MUST FILE A NEW APPLICATION TO OBTAIN A LICENSE AND WILL
 BE CONSIDERED A NEW APPLICANT IF IT OBTAINS A NEW BOND.
   4. FOR THE PURPOSES OF THIS SECTION THE TERM "DOMESTIC INSURER"  SHALL
 HAVE  THE  SAME  MEANING  AS  GIVEN  IN SECTION ONE HUNDRED SEVEN OF THE
 INSURANCE LAW.  IF A BOND REQUIRED BY THIS  SECTION  IS  NOT  REASONABLY
 AVAILABLE  FROM A DOMESTIC INSURER THE SUPERINTENDENT MAY, IN HIS OR HER
 DISCRETION, PERMIT, ON A CASE BY CASE BASIS OR BY ORDER,  CONSUMER  DEBT
 COLLECTORS  TO  OBTAIN THE BOND REQUIRED BY THIS SECTION FROM SUCH OTHER
 ENTITIES LICENSED BY THE DEPARTMENT AS THE SUPERINTENDENT  DEEMS  APPRO-
 PRIATE.
   §  299. EXAMINATION; BOOKS AND RECORDS; REPORTS. 1. FOR THE PURPOSE OF
 ENFORCING THE PROVISIONS OF THIS ARTICLE AND FOR ENSURING THE  SAFE  AND
 SOUND OPERATION OF THE CONSUMER DEBT COLLECTOR BUSINESS, THE SUPERINTEN-
 DENT  MAY  AT  ANY  TIME,  AND  AS  OFTEN  AS  MAY BE DETERMINED, EITHER
 PERSONALLY OR BY A PERSON DULY APPOINTED BY THE SUPERINTENDENT, INVESTI-
 GATE THE LOANS AND BUSINESS AND EXAMINE THE  BOOKS,  ACCOUNTS,  RECORDS,
 AND FILES USED THEREIN OF EVERY LICENSEE.
   2.  THE  SUPERINTENDENT AND DULY DESIGNATED REPRESENTATIVES SHALL HAVE
 FREE ACCESS TO THE OFFICES  AND  PLACE  OF  BUSINESS,  BOOKS,  ACCOUNTS,
 PAPERS,  RECORDS,  AUDIO RECORDINGS, FILES, SAFES AND VAULTS OF ALL SUCH
 LICENSEES WHEREVER LOCATED. THE SUPERINTENDENT SHALL HAVE  AUTHORITY  TO
 REQUIRE THE ATTENDANCE OF AND TO EXAMINE UNDER OATH ALL PERSONS WHOMSOE-
 VER WHOSE TESTIMONY MAY BE REQUIRED RELATIVE TO SUCH LOANS OR SUCH BUSI-
 NESS.

 S. 7508--A                         136                        A. 9508--A

   3.  THE SUPERINTENDENT MAY ALSO ADDRESS TO A LICENSEE, OR THE OFFICERS
 THEREOF, ANY INQUIRY IN RELATION TO  ITS  TRANSACTIONS,  OPERATIONS,  OR
 CONDITIONS, OR ANY MATTER CONNECTED THEREWITH. EVERY PERSON SO ADDRESSED
 SHALL REPLY IN WRITING TO SUCH INQUIRY PROMPTLY AND TRUTHFULLY, AND SUCH
 REPLY  SHALL  BE,  IF REQUIRED BY THE SUPERINTENDENT, SUBSCRIBED BY SUCH
 INDIVIDUAL, OR BY SUCH OFFICER OR OFFICERS  OF  A  CORPORATION,  AS  THE
 SUPERINTENDENT  SHALL  DESIGNATE, AND AFFIRMED BY THEM AS TRUE UNDER THE
 PENALTIES OF PERJURY.
   4. EACH LICENSEE SHALL KEEP  AND  USE  IN  ITS  BUSINESS  SUCH  BOOKS,
 ACCOUNTS,  AND  RECORDS  AS  WILL ENABLE THE SUPERINTENDENT TO DETERMINE
 WHETHER SUCH LICENSEE IS COMPLYING WITH THE PROVISIONS OF  THIS  ARTICLE
 AND WITH THE RULES AND REGULATIONS PROMULGATED HEREUNDER. EVERY LICENSEE
 SHALL  PRESERVE  SUCH  BOOKS,  ACCOUNTS,  AND RECORDS, FOR AT LEAST FIVE
 YEARS AFTER MAKING THE FINAL ENTRY REGARDING A CONSUMER DEBT.  PRESERVA-
 TION  OF  PHOTOGRAPHIC  REPRODUCTION  THEREOF OR RECORDS IN PHOTOGRAPHIC
 FORM, INCLUDING AN OPTICAL DISK STORAGE SYSTEM AND THE USE OF ELECTRONIC
 DATA PROCESSING EQUIPMENT THAT  PROVIDES  COMPARABLE  RECORDS  TO  THOSE
 OTHERWISE  REQUIRED AND WHICH ARE AVAILABLE FOR EXAMINATION UPON REQUEST
 SHALL CONSTITUTE COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.
   5. EACH LICENSEE SHALL ANNUALLY, ON OR  BEFORE  APRIL  FIRST,  FILE  A
 REPORT  WITH  THE  SUPERINTENDENT  GIVING SUCH INFORMATION AS THE SUPER-
 INTENDENT MAY REQUIRE CONCERNING THE BUSINESS AND OPERATIONS DURING  THE
 PRECEDING  CALENDAR YEAR OF EACH LICENSED PLACE OF BUSINESS CONDUCTED BY
 SUCH LICENSEE WITHIN THE STATE UNDER AUTHORITY  OF  THIS  ARTICLE.  SUCH
 REPORT  SHALL  BE  SUBSCRIBED AND AFFIRMED AS TRUE BY THE LICENSEE UNDER
 THE PENALTIES OF PERJURY AND SHALL BE IN  THE  FORM  PRESCRIBED  BY  THE
 SUPERINTENDENT.
   6.  IN ADDITION TO ANNUAL REPORTS, THE SUPERINTENDENT MAY REQUIRE SUCH
 ADDITIONAL REGULAR OR SPECIAL REPORTS AS MAY BE DEEMED NECESSARY TO  THE
 PROPER  SUPERVISION  OF  LICENSEES  UNDER  THIS ARTICLE. SUCH ADDITIONAL
 REPORTS SHALL BE IN THE FORM PRESCRIBED BY THE SUPERINTENDENT AND  SHALL
 BE SUBSCRIBED AND AFFIRMED AS TRUE UNDER THE PENALTIES OF PERJURY.
   7. THE EXPENSES OF EVERY EXAMINATION OF THE AFFAIRS OF A CONSUMER DEBT
 COLLECTOR  SUBJECT TO THIS SECTION SHALL BE BORNE AND PAID BY THE LICEN-
 SEE.
   § 300. PROHIBITED ACTS. 1. NO CONSUMER DEBT COLLECTOR THAT IS REQUIRED
 TO BE LICENSED UNDER THIS ARTICLE SHALL ENGAGE IN  UNFAIR,  UNCONSCIONA-
 BLE,  DECEPTIVE,  FALSE,  MISLEADING, ABUSIVE, OR UNLAWFUL ACTS OR PRAC-
 TICES.
   2. WITHOUT LIMITING THE GENERAL APPLICATION OF THE PROHIBITED ACTS  IN
 SUBDIVISION  ONE  OF THIS SECTION, IT SHALL BE UNLAWFUL FOR ANY CONSUMER
 DEBT COLLECTOR TO:
   (A) ENGAGE IN ANY ACT OR PRACTICE WHICH WOULD BE A  VIOLATION  OF  THE
 FEDERAL  FAIR  DEBT  COLLECTION  PRACTICE ACT, ANY OTHER NEW YORK LAW OR
 FEDERAL LAW WHICH IS APPLICABLE TO THE CONSUMER DEBT COLLECTOR,  OR  ANY
 ACT  OR PRACTICE WHICH WOULD BE PROHIBITED UNDER SECTION SIX HUNDRED ONE
 OF THE GENERAL BUSINESS LAW IF THE CONSUMER DEBT COLLECTOR WAS A PRINCI-
 PAL CREDITOR;
   (B) ENGAGE OR RETAIN THE SERVICES OF ANY PERSON WHO, BEING REQUIRED TO
 BE LICENSED UNDER THIS ARTICLE, DOES NOT HAVE A VALID LICENSE ISSUED  BY
 THE DEPARTMENT; OR
   (C) CAUSE ANY ACT TO BE DONE WHICH VIOLATES THIS SECTION.
   3. NO CONSUMER DEBT COLLECTOR LICENSED UNDER THIS ARTICLE SHALL:
   (A)  WITHOUT  THE  PRIOR WRITTEN AND REVOCABLE CONSENT OF THE CONSUMER
 DEBTOR GIVEN DIRECTLY TO THE DEBT COLLECTOR OR THE EXPRESS PERMISSION OF

 S. 7508--A                         137                        A. 9508--A
 
 A COURT OF COMPETENT JURISDICTION, ENGAGE IN ANY  COMMUNICATION  WITH  A
 CONSUMER DEBTOR IN CONNECTION WITH THE COLLECTION OF ANY DEBTS:
   (I)  AT  ANY  UNUSUAL  TIME OR PLACE OR A TIME OR PLACE KNOWN OR WHICH
 SHOULD BE KNOWN TO BE  INCONVENIENT  TO  THE  CONSUMER  DEBTOR.  IN  THE
 ABSENCE  OF KNOWLEDGE OF CIRCUMSTANCES TO THE CONTRARY, A DEBT COLLECTOR
 SHALL ASSUME THAT THE CONVENIENT TIME FOR COMMUNICATING WITH A  CONSUMER
 DEBTOR  IS  AFTER  EIGHT  O'CLOCK  ANTEMERIDIAN AND BEFORE EIGHT O'CLOCK
 POSTMERIDIAN, LOCAL TIME AT THE CONSUMER DEBTOR'S LOCATION;
   (II) IF THE DEBT COLLECTOR KNOWS THE CONSUMER DEBTOR IS REPRESENTED BY
 AN ATTORNEY WITH RESPECT TO SUCH DEBT AND HAS KNOWLEDGE OF, OR CAN READ-
 ILY ASCERTAIN, SUCH ATTORNEY'S NAME AND  ADDRESS,  UNLESS  THE  ATTORNEY
 FAILS  TO  RESPOND WITHIN A REASONABLE PERIOD OF TIME TO A COMMUNICATION
 FROM THE DEBT COLLECTOR OR UNLESS THE ATTORNEY CONSENTS TO DIRECT COMMU-
 NICATION WITH THE CONSUMER DEBTOR;
   (III) AT THE CONSUMER DEBTOR'S PLACE OF EMPLOYMENT;
   (IV) MORE THAN TWO TIMES IN A SEVEN DAY PERIOD;
   (V) BY VOICEMAIL ON TO ANY TELEPHONE THAT IS KNOWN OR WHICH REASONABLY
 SHOULD BE KNOWN MAY BE RECEIVED  BY  SOMEONE  OTHER  THAN  THE  CONSUMER
 DEBTOR; OR
   (VI)  BY MEANS OF ELECTRONIC COMMUNICATIONS, INCLUDING BUT NOT LIMITED
 TO SMS TEXT MESSAGE, MESSAGING APPLICATIONS ON MOBILE TELEPHONES,  ELEC-
 TRONIC MAIL, FACEBOOK, AND OTHER FORMS OF SOCIAL MEDIA.
   (B) COMMUNICATE WITH A CONSUMER DEBTOR BY POSTCARD;
   (C)  CONTINUE  COMMUNICATION WITH A CONSUMER DEBTOR AFTER THE CONSUMER
 DEBT COLLECTOR'S FIRST COMMUNICATION IF THE DEBT COLLECTOR FAILS TO SEND
 THE CONSUMER DEBTOR A NOTICE IN WRITING WITHIN FIVE DAYS OF  THAT  FIRST
 COMMUNICATION, WHICH SUCH NOTICE SHALL BE PROMULGATED BY THE SUPERINTEN-
 DENT; OR
   (D)  CONTINUE  TO  COMMUNICATE WITH A CONSUMER DEBTOR ABOUT A CONSUMER
 DEBT THAT THE CONSUMER DEBTOR DISPUTES WITHOUT  PROVIDING  THE  CONSUMER
 DEBTOR WITH DOCUMENTS THAT VERIFY THE DISPUTED CONSUMER DEBT.
   § 301. REGULATIONS; MINIMUM STANDARDS.  THE SUPERINTENDENT MAY PROMUL-
 GATE RULES AND REGULATIONS GIVING EFFECT TO THE PROVISIONS OF THIS ARTI-
 CLE.  SUCH RULES AND REGULATIONS MAY INCLUDE BUT SHALL NOT BE LIMITED TO
 THE ESTABLISHMENT OF MINIMUM STANDARDS TO BE OBSERVED BY  CONSUMER  DEBT
 COLLECTORS  ACTING WITHIN THIS STATE AND FURTHER DEFINING ACTS AND PRAC-
 TICES WHICH ARE UNFAIR, UNCONSCIONABLE,  DECEPTIVE,  FALSE,  MISLEADING,
 ABUSIVE, OR UNLAWFUL UNDER SECTION THREE HUNDRED OF THIS ARTICLE.
   §  302.  APPLICATION  FOR  ACQUISITION  OF  CONTROL OF A CONSUMER DEBT
 COLLECTOR.  1. NO PERSON SHALL ACQUIRE CONTROL OF A LICENSEE UNDER  THIS
 ARTICLE WITHOUT THE PRIOR APPROVAL OF THE SUPERINTENDENT.
   2.  ANY  PERSON  DESIROUS OF ACQUIRING SUCH CONTROL SHALL MAKE WRITTEN
 APPLICATION TO THE SUPERINTENDENT, SUCH APPLICATION  SHALL  BE  IN  SUCH
 FORM  AND  SHALL  CONTAIN  SUCH  INFORMATION,  INCLUDING THE INFORMATION
 REQUIRED UNDER SECTION TWO HUNDRED NINETY-SEVEN OF THIS ARTICLE, AS  THE
 SUPERINTENDENT  MAY  REQUIRE AND SUCH PERSON, AT THE TIME OF MAKING SUCH
 APPLICATION IF NOT LICENSED, SHALL PAY TO THE SUPERINTENDENT AN INVESTI-
 GATION FEE AS PRESCRIBED PURSUANT TO SECTION EIGHTEEN-A OF THIS CHAPTER.
   3. IN DETERMINING WHETHER TO APPROVE OR DENY AN APPLICATION UNDER THIS
 SECTION, THE SUPERINTENDENT SHALL CONSIDER:
   (A) WHETHER THE FINANCIAL RESPONSIBILITY, EXPERIENCE,  CHARACTER,  AND
 GENERAL  FITNESS  OF  THE  PERSON SEEKING TO ACQUIRE CONTROL, AND OF THE
 MEMBERS THEREOF IF SUCH PERSON BE A PARTNERSHIP OR ASSOCIATION,  AND  OF
 THE  OFFICERS,  DIRECTORS  AND  CONTROLLING STOCKHOLDERS THEREOF IF SUCH
 PERSON BE A CORPORATION, ARE SUCH AS TO COMMAND THE  CONFIDENCE  OF  THE

 S. 7508--A                         138                        A. 9508--A
 
 COMMUNITY  AND  TO  WARRANT  BELIEF  THAT  THE BUSINESS WILL BE OPERATED
 HONESTLY, FAIRLY, AND EFFICIENTLY WITHIN THE PURPOSE OF THIS ARTICLE;
   (B) THE EFFECT THE ACQUISITION MAY HAVE ON COMPETITION; AND
   (C) WHETHER THE ACQUISITION MAY BE HAZARDOUS OR PREJUDICIAL TO CONSUM-
 ER DEBTORS OR CONSUMER CREDITORS IN THIS STATE.
   4.  IF  NO  SUCH APPLICATION HAS BEEN MADE PRIOR TO THE ACQUISITION OF
 CONTROL, THE LICENSE FOR EACH PLACE OF BUSINESS MAINTAINED AND  OPERATED
 BY  THE  LICENSEE SHALL, AT THE DISCRETION OF THE SUPERINTENDENT, BECOME
 NULL AND VOID AND EACH SUCH LICENSE SHALL BE SURRENDERED TO  THE  SUPER-
 INTENDENT.
   §  303.  SUSPENSION  AND  REVOCATION.  IN  ADDITION TO ANY OTHER POWER
 PROVIDED BY LAW, THE SUPERINTENDENT MAY SUSPEND OR REVOKE THE LICENSE OF
 A CONSUMER DEBT COLLECTOR, IF AFTER NOTICE  AND  AN  OPPORTUNITY  TO  BE
 HEARD, THE SUPERINTENDENT FINDS THAT A CONSUMER DEBT COLLECTOR HAS:
   1.  COMMITTED  ANY  FRAUD, ENGAGED IN ANY DISHONEST ACTIVITIES OR MADE
 ANY MISREPRESENTATION;
   2. VIOLATED ANY PROVISIONS OF THIS CHAPTER OR  ANY  REGULATION  ISSUED
 PURSUANT  THERETO, OR HAS VIOLATED ANY OTHER LAW IN THE COURSE OF ITS OR
 HIS DEALINGS AS A CONSUMER DEBT COLLECTOR;
   3. MADE A FALSE STATEMENT OR MATERIAL OMISSION IN THE APPLICATION  FOR
 A  LICENSE  UNDER THIS ARTICLE OR FAILED TO GIVE A TRUE REPLY TO A QUES-
 TION IN SUCH APPLICATION; OR
   4. DEMONSTRATED INCOMPETENCY OR UNTRUSTWORTHINESS TO ACT AS A CONSUMER
 DEBT COLLECTOR.
   § 304. BAD ACTORS. 1. IN ADDITION TO ANY OTHER POWER PROVIDED BY  LAW,
 THE  SUPERINTENDENT  MAY  REQUIRE  ANY  LICENSEE TO REMOVE ANY DIRECTOR,
 OFFICER OR EMPLOYEE OR TO REFRAIN FROM ENGAGING OR RETAINING  ANY  INDE-
 PENDENT  CONTRACTOR  OR  SERVICE  PROVIDER  IF  SUCH  DIRECTOR, OFFICER,
 EMPLOYEE, INDEPENDENT CONTRACTOR OR SERVICE PROVIDER HAS THEMSELVES  HAD
 A  LICENSE  UNDER  THIS  CHAPTER SUSPENDED OR REVOKED, OR HAS CAUSED THE
 LICENSEE TO VIOLATE ANY PROVISION OF THIS CHAPTER OR REGULATIONS PROMUL-
 GATED THEREUNDER.
   2. NO PERSON THAT IS THE SUBJECT OF AN ORDER UNDER THIS SECTION REMOV-
 ING THEM AS A DIRECTOR, OFFICER OR EMPLOYEE  OR  PREVENTING  A  LICENSEE
 FROM  ENGAGING OR RETAINING THEM AS AN INDEPENDENT CONTRACTOR OR SERVICE
 PROVIDER, SHALL BECOME ENGAGED WITH ANY LICENSEE WITHOUT  OBTAINING  THE
 PRIOR WRITTEN APPROVAL OF THE SUPERINTENDENT. NOR SHALL SUCH PERSON FAIL
 TO DISCLOSE THAT IT IS THE SUBJECT OF AN ORDER UNDER THIS SECTION TO ANY
 LICENSEE  FOR  WHICH IT IS ACTING OR SEEKING TO ACT AS A DIRECTOR, OFFI-
 CER, EMPLOYEE, INDEPENDENT CONTRACTOR OR SERVICE PROVIDER.
   § 2. Subdivision 10 of section 36 of the banking law,  as  amended  by
 section  2  of  part  L of chapter 58 of the laws of 2019, is amended to
 read as follows:
   10. All reports of examinations and investigations, correspondence and
 memoranda concerning or arising out of  such  examination  and  investi-
 gations,  including any duly authenticated copy or copies thereof in the
 possession of any banking organization,  bank  holding  company  or  any
 subsidiary  thereof  (as  such terms "bank holding company" and "subsid-
 iary" are defined in article three-A of this chapter),  any  corporation
 or  any  other  entity affiliated with a banking organization within the
 meaning of subdivision six of this section and any  non-banking  subsid-
 iary  of  a  corporation  or any other entity which is an affiliate of a
 banking organization within the meaning of  subdivision  six-a  of  this
 section,  foreign  banking corporation, licensed lender, licensed casher
 of  checks,  licensed  mortgage  banker,  registered  mortgage   broker,
 licensed  mortgage  loan  originator,  licensed  sales  finance company,

 S. 7508--A                         139                        A. 9508--A
 
 registered mortgage  loan  servicer,  licensed  student  loan  servicer,
 licensed  insurance  premium  finance  agency,  licensed  transmitter of
 money, licensed budget planner, LICENSED CONSUMER  DEBT  COLLECTOR,  any
 other person or entity subject to supervision under this chapter, OR THE
 FINANCIAL SERVICES LAW OR THE INSURANCE LAW, or the department, shall be
 confidential  communications, shall not be subject to subpoena and shall
 not be made public unless, in the judgment of  the  superintendent,  the
 ends of justice and the public advantage will be subserved by the publi-
 cation thereof, in which event the superintendent may publish or author-
 ize  the publication of a copy of any such report or any part thereof in
 such manner as may be deemed proper or  unless  such  laws  specifically
 authorize  such  disclosure.  For  the  purposes  of  this  subdivision,
 "reports of examinations and investigations, and any correspondence  and
 memoranda  concerning  or  arising out of such examinations and investi-
 gations", includes any such materials of a bank, insurance or securities
 regulatory agency or any unit of the federal government or that of  this
 state  any  other  state  or  that  of  any foreign government which are
 considered confidential by such agency or unit  and  which  are  in  the
 possession of the department or which are otherwise confidential materi-
 als that have been shared by the department with any such agency or unit
 and are in the possession of such agency or unit.
   §  3. Paragraph (a) of subdivision 1 of section 44 of the banking law,
 as amended by section 4 of part L of chapter 58 of the laws of 2019,  is
 amended to read as follows:
   (a) Without limiting any power granted to the superintendent under any
 other provision of this chapter, the superintendent may, in a proceeding
 after  notice  and a hearing, require any safe deposit company, licensed
 lender, licensed casher  of  checks,  licensed  sales  finance  company,
 licensed  insurance  premium  finance  agency,  licensed  transmitter of
 money, licensed mortgage banker, licensed student loan servicer,  regis-
 tered  mortgage  broker,  licensed  mortgage loan originator, registered
 mortgage loan servicer, LICENSED CONSUMER  DEBT  COLLECTOR  or  licensed
 budget  planner  to  pay  to  the people of this state a penalty for any
 violation of this chapter, any regulation  promulgated  thereunder,  any
 final  or temporary order issued pursuant to section thirty-nine of this
 article, any condition imposed  in  writing  by  the  superintendent  in
 connection  with the grant of any application or request, or any written
 agreement entered into with the superintendent.
   § 4. The opening paragraph of subdivision (a) of section 3218  of  the
 civil  practice  law and rules, as amended by chapter 311 of the laws of
 1963, is amended to read as follows:
   Affidavit of defendant.  Except  as  provided  in  section  thirty-two
 hundred one OF THIS ARTICLE AND SUBDIVISION (E) OF THIS SECTION, a judg-
 ment  by  confession may be entered, without an action, either for money
 due or to become due, or to secure the plaintiff  against  a  contingent
 liability  in  behalf  of  the  defendant,  or  both,  upon an affidavit
 executed by the defendant;
   § 5. Section 3218 of the civil practice law and rules  is  amended  by
 adding a new subdivision (e) to read as follows:
   (E)  PROHIBITION  ON  CERTAIN JUDGMENTS BY CONFESSION.  NO JUDGMENT OF
 CONFESSION MAY BE ENTERED ON: 1. ANY AMOUNT DUE FROM ONE OR  MORE  INDI-
 VIDUALS FOR PERSONAL, FAMILY, HOUSEHOLD, CONSUMER, INVESTMENT OR NON-BU-
 SINESS PURPOSES;
   2.  ANY  AMOUNT  UNDER TWO HUNDRED FIFTY THOUSAND DOLLARS DUE FROM ANY
 PERSON FOR ANY PURPOSE; OR

 S. 7508--A                         140                        A. 9508--A
 
   3. ANY AMOUNT DUE FROM ANY PERSON THAT EITHER: (I) IS CURRENTLY NOT  A
 RESIDENT  OF THE STATE, (II) WAS NOT A RESIDENT OF THE STATE AT THE TIME
 THE AFFIDAVIT AUTHORIZING THE ENTRY OF THE JUDGMENT  OF  CONFESSION  WAS
 EXECUTED,  OR  (III)  IF  NOT A NATURAL PERSON, DOES NOT HAVE A PLACE OF
 BUSINESS  IN  THE STATE OR DID NOT HAVE A PLACE OF BUSINESS IN THE STATE
 AT THE TIME THE AFFIDAVIT AUTHORIZING  THE  ENTRY  OF  THE  JUDGMENT  OF
 CONFESSION WAS EXECUTED.
   §  6.  This  act shall take effect immediately, provided, however that
 sections one, two and three of this act shall take effect on October  1,
 2020.  Effective  immediately,  the addition, amendment and/or repeal of
 any rule or regulation necessary for the implementation of this  act  on
 its  effective date are authorized to be made and completed on or before
 such effective date.
 
                                  PART MM
 
   Section 1. The financial services law is amended by adding a new arti-
 cle 7 to read as follows:
                                 ARTICLE 7
                      STUDENT DEBT RELIEF CONSULTANTS
 SECTION 701. DEFINITIONS.
         702. PROHIBITIONS.
         703. DISCLOSURE REQUIREMENTS.
         704. STUDENT DEBT CONSULTING CONTRACTS.
         705. PENALTIES AND OTHER PROVISIONS.
         706. RULES AND REGULATIONS.
   § 701. DEFINITIONS. (A) THE TERM "ADVERTISEMENT" SHALL INCLUDE, BUT IS
 NOT LIMITED TO, ALL FORMS OF MARKETING, AND SOLICITATION OF  INFORMATION
 RELATED  TO  SECURING OR OBTAINING A STUDENT DEBT CONSULTING CONTRACT OR
 SERVICES. FURTHER, IT SHALL INCLUDE  ANY  AND  ALL  COMMONLY  RECOGNIZED
 FORMS  OF  MEDIA MARKETING VIA TELEVISION, RADIO, PRINT MEDIA, ALL FORMS
 OF ELECTRONIC COMMUNICATION VIA THE INTERNET,  AND  ALL  PREPARED  SALES
 PRESENTATIONS  GIVEN  IN  PERSON  OR  OVER  THE  INTERNET TO THE GENERAL
 PUBLIC.
   (B) "BORROWER" MEANS ANY RESIDENT OF THIS STATE  WHO  HAS  RECEIVED  A
 STUDENT  LOAN  OR  AGREED IN WRITING TO PAY A STUDENT LOAN OR ANY PERSON
 WHO SHARES A LEGAL OBLIGATION WITH SUCH RESIDENT FOR REPAYING A  STUDENT
 LOAN.
   (C)  "FSA ID" MEANS A USERNAME AND PASSWORD ALLOCATED TO AN INDIVIDUAL
 BY THE FEDERAL GOVERNMENT TO ENABLE THE INDIVIDUAL TO LOG IN TO  CERTAIN
 UNITED  STATES DEPARTMENT OF EDUCATION WEBSITES, AND MAY BE USED TO SIGN
 CERTAIN DOCUMENTS ELECTRONICALLY.
   (D) "STUDENT LOAN" MEANS ANY LOAN TO A BORROWER TO FINANCE POST-SECON-
 DARY EDUCATION OR EXPENSES RELATED TO POST-SECONDARY EDUCATION.
   (E) "STUDENT DEBT CONSULTING CONTRACT" OR "CONTRACT" MEANS  AN  AGREE-
 MENT  BETWEEN  A  BORROWER  AND  A CONSULTANT UNDER WHICH THE CONSULTANT
 AGREES TO PROVIDE STUDENT DEBT CONSULTING SERVICES.
   (F) "STUDENT DEBT CONSULTANT" OR "CONSULTANT" MEANS AN INDIVIDUAL OR A
 CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY  OR  OTHER  BUSINESS
 ENTITY THAT, DIRECTLY OR INDIRECTLY, SOLICITS OR UNDERTAKES STUDENT DEBT
 CONSULTING SERVICES. A CONSULTANT DOES NOT INCLUDE THE FOLLOWING:
   (I)  A  PERSON  OR  ENTITY  WHO  HOLDS OR IS OWED AN OBLIGATION ON THE
 STUDENT LOAN WHILE THE PERSON OR ENTITY PERFORMS SERVICES IN  CONNECTION
 WITH THE STUDENT LOAN;
   (II)  A  BANK,  TRUST  COMPANY,  PRIVATE BANKER, BANK HOLDING COMPANY,
 SAVINGS BANK, SAVINGS AND  LOAN  ASSOCIATION,  THRIFT  HOLDING  COMPANY,

 S. 7508--A                         141                        A. 9508--A
 
 CREDIT  UNION  OR  INSURANCE  COMPANY  ORGANIZED  UNDER THE LAWS OF THIS
 STATE, ANOTHER STATE OR THE UNITED STATES, OR A SUBSIDIARY OR  AFFILIATE
 OF  SUCH  ENTITY OR A FOREIGN BANKING CORPORATION LICENSED BY THE SUPER-
 INTENDENT OF FINANCIAL SERVICES OR THE COMPTROLLER OF THE CURRENCY;
   (III)  A  BONA FIDE NOT-FOR-PROFIT ORGANIZATION THAT OFFERS COUNSELING
 OR ADVICE TO BORROWERS;
   (IV) AN ATTORNEY ADMITTED TO PRACTICE IN THE STATE OF  NEW  YORK  WHEN
 THE ATTORNEY IS PROVIDING STUDENT DEBT CONSULTING SERVICES TO A BORROWER
 FREE OF CHARGE;
   (V)  AN INSTITUTION OF HIGHER EDUCATION WHEREIN THE BORROWER IS OR WAS
 ENROLLED; OR
   (VI) SUCH OTHER PERSONS AS THE SUPERINTENDENT PRESCRIBES OR INTERPRETS
 BY RULE.
   (G) "STUDENT DEBT CONSULTING SERVICES" MEANS SERVICES THAT  A  STUDENT
 DEBT  CONSULTANT  PROVIDES  TO A BORROWER THAT THE CONSULTANT REPRESENTS
 WILL HELP TO ACHIEVE ANY OF THE FOLLOWING:
   (I) STOP, ENJOIN, DELAY, VOID, SET ASIDE, ANNUL, STAY  OR  POSTPONE  A
 DEFAULT, BANKRUPTCY, TAX OFFSET, OR GARNISHMENT PROCEEDING;
   (II) OBTAIN A FORBEARANCE, DEFERMENT, OR OTHER RELIEF THAT TEMPORARILY
 HALTS REPAYMENT OF A STUDENT LOAN;
   (III)  ASSIST  THE BORROWER WITH PREPARING OR FILING DOCUMENTS RELATED
 TO STUDENT LOAN REPAYMENT;
   (IV) ADVISE THE BORROWER WHICH STUDENT LOAN REPAYMENT PLAN OR FORGIVE-
 NESS PROGRAM TO CONSIDER;
   (V) ENROLL THE BORROWER IN ANY STUDENT  LOAN  REPAYMENT,  FORGIVENESS,
 DISCHARGE, OR CONSOLIDATION PROGRAM;
   (VI)  ASSIST  THE  BORROWER IN RE-ESTABLISHING ELIGIBILITY FOR FEDERAL
 STUDENT FINANCIAL ASSISTANCE;
   (VII) ASSIST THE BORROWER IN REMOVING A STUDENT LOAN FROM DEFAULT; OR
   (VIII) EDUCATE THE BORROWER ABOUT STUDENT LOAN REPAYMENT.
   § 702. PROHIBITIONS. A STUDENT  DEBT  CONSULTANT  IS  PROHIBITED  FROM
 DOING THE FOLLOWING:
   (A)  PERFORMING  STUDENT  DEBT  CONSULTING SERVICES WITHOUT A WRITTEN,
 FULLY EXECUTED CONTRACT WITH A BORROWER;
   (B) CHARGING FOR OR ACCEPTING ANY PAYMENT FOR STUDENT DEBT  CONSULTING
 SERVICES  BEFORE  THE  FULL COMPLETION OF ALL SUCH SERVICES, INCLUDING A
 PAYMENT TO BE  PLACED  IN  ESCROW  OR  ANY  OTHER  ACCOUNT  PENDING  THE
 COMPLETION OF SUCH SERVICES;
   (C) TAKING A POWER OF ATTORNEY FROM A BORROWER;
   (D)  RETAINING  ANY  ORIGINAL LOAN DOCUMENT OR OTHER ORIGINAL DOCUMENT
 RELATED TO A BORROWER'S STUDENT LOAN;
   (E) REQUESTING THAT A BORROWER PROVIDE  HIS  OR  HER  FSA  ID  TO  THE
 CONSULTANT, OR ACCEPTING A BORROWER'S FSA ID;
   (F)  STATING  OR  IMPLYING  THAT A BORROWER WILL NOT BE ABLE TO OBTAIN
 RELIEF ON THEIR OWN;
   (G) MISREPRESENTING, EXPRESSLY OR BY IMPLICATION, THAT:
   (I) THE CONSULTANT IS A PART OF, AFFILIATED WITH, OR ENDORSED OR SPON-
 SORED BY THE GOVERNMENT, GOVERNMENT LOAN  PROGRAMS,  THE  UNITED  STATES
 DEPARTMENT OF EDUCATION, OR BORROWERS' STUDENT LOAN SERVICERS; OR
   (II)  SOME  OR  ALL OF A BORROWER'S PAYMENTS TO THE CONSULTANT WILL BE
 APPLIED TOWARDS THE BORROWER'S STUDENT LOANS;
   (H) INDUCING OR ATTEMPTING TO INDUCE  A  STUDENT  DEBTOR  TO  ENTER  A
 CONTRACT THAT DOES NOT FULLY COMPLY WITH THE PROVISIONS OF THIS ARTICLE;
 OR
   (I) ENGAGING IN ANY UNFAIR, DECEPTIVE, OR ABUSIVE ACT OR PRACTICE.

 S. 7508--A                         142                        A. 9508--A
 
   §  703.  DISCLOSURE  REQUIREMENTS. (A) A STUDENT DEBT CONSULTANT SHALL
 CLEARLY AND CONSPICUOUSLY DISCLOSE IN ALL ADVERTISEMENTS:
   (I) THE ACTUAL SERVICES THE CONSULTANT PROVIDES TO BORROWERS;
   (II)  THAT BORROWERS CAN APPLY FOR AND OBTAIN CONSOLIDATION LOANS FROM
 THE UNITED STATES DEPARTMENT OF EDUCATION AT NO COST, INCLUDING  PROVID-
 ING  A DIRECT LINK IN ALL WRITTEN ADVERTISING TO THE APPLICATION MATERI-
 ALS FOR A DIRECT CONSOLIDATION LOAN FROM THE U.S. DEPARTMENT  OF  EDUCA-
 TION;
   (III)  THAT  CONSOLIDATION OR OTHER SERVICES OFFERED BY THE CONSULTANT
 MAY NOT BE THE BEST OR ONLY OPTION FOR BORROWERS;
   (IV) THAT A BORROWER  MAY  OBTAIN  ALTERNATIVE  FEDERAL  STUDENT  LOAN
 REPAYMENT  PLANS, INCLUDING INCOME-BASED PROGRAMS, WITHOUT CONSOLIDATING
 EXISTING FEDERAL STUDENT LOANS; AND
   (V) THAT BORROWERS  SHOULD  CONSIDER  CONSULTING  THEIR  STUDENT  LOAN
 SERVICER BEFORE SIGNING ANY LEGAL DOCUMENT CONCERNING A STUDENT LOAN.
   (B)  THE  DISCLOSURES  REQUIRED  BY SUBSECTION (A) OF THIS SECTION, IF
 DISSEMINATED THROUGH PRINT MEDIA OR THE INTERNET, SHALL BE  CLEARLY  AND
 LEGIBLY  PRINTED  OR  DISPLAYED IN NOT LESS THAN TWELVE-POINT BOLD TYPE,
 OR, IF THE ADVERTISEMENT IS PRINTED TO BE DISPLAYED  IN  PRINT  THAT  IS
 SMALLER  THAN  TWELVE-POINT,  IN BOLD TYPE PRINT THAT IS NO SMALLER THAN
 THE PRINT  IN  WHICH  THE  TEXT  OF  THE  ADVERTISEMENT  IS  PRINTED  OR
 DISPLAYED.
   (C)  THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONSULTANTS WHO
 DISSEMINATE ADVERTISEMENTS IN THE STATE OF NEW YORK  OR  WHO  INTEND  TO
 DIRECTLY  OR INDIRECTLY CONTACT A BORROWER WHO HAS A STUDENT LOAN AND IS
 A RESIDENT OF NEW YORK STATE. CONSULTANTS SHALL  ESTABLISH  AND  AT  ALL
 TIMES  MAINTAIN  CONTROL  OVER  THE  CONTENT, FORM AND METHOD OF DISSEM-
 INATION OF ALL ADVERTISEMENTS OF THEIR SERVICES. FURTHER, ALL ADVERTISE-
 MENTS SHALL BE SUFFICIENTLY COMPLETE AND CLEAR TO AVOID THE  POSSIBILITY
 OF DECEPTION OR THE ABILITY TO MISLEAD OR DECEIVE.
   §  704. STUDENT DEBT CONSULTING CONTRACTS. (A) A STUDENT DEBT CONSULT-
 ING CONTRACT SHALL:
   (1) CONTAIN THE ENTIRE AGREEMENT OF THE PARTIES;
   (2) BE PROVIDED IN WRITING TO THE BORROWER FOR REVIEW BEFORE SIGNING;
   (3) BE PRINTED IN AT LEAST TWELVE-POINT TYPE AND WRITTEN IN  THE  SAME
 LANGUAGE  THAT  IS  USED  BY  THE  BORROWER  AND WAS USED IN DISCUSSIONS
 BETWEEN THE CONSULTANT AND  THE  BORROWER  TO  DESCRIBE  THE  BORROWER'S
 SERVICES OR TO NEGOTIATE THE CONTRACT;
   (4)  FULLY DISCLOSE THE EXACT NATURE OF THE SERVICES TO BE PROVIDED BY
 THE CONSULTANT OR ANYONE WORKING IN ASSOCIATION WITH THE CONSULTANT;
   (5) FULLY DISCLOSE THE TOTAL AMOUNT AND TERMS OF COMPENSATION FOR SUCH
 SERVICES;
   (6) CONTAIN THE NAME, BUSINESS ADDRESS AND  TELEPHONE  NUMBER  OF  THE
 CONSULTANT AND THE STREET ADDRESS (IF DIFFERENT) AND FACSIMILE NUMBER OR
 EMAIL ADDRESS OF THE CONSULTANT WHERE COMMUNICATIONS FROM THE DEBTOR MAY
 BE DELIVERED;
   (7)  BE DATED AND PERSONALLY SIGNED BY THE BORROWER AND THE CONSULTANT
 AND BE WITNESSED AND ACKNOWLEDGED BY A NEW YORK NOTARY PUBLIC; AND
   (8) CONTAIN THE FOLLOWING NOTICE, WHICH SHALL BE PRINTED IN  AT  LEAST
 FOURTEEN-POINT  BOLDFACE  TYPE, COMPLETED WITH THE NAME OF THE PROVIDER,
 AND LOCATED IN  IMMEDIATE  PROXIMITY  TO  THE  SPACE  RESERVED  FOR  THE
 DEBTOR'S SIGNATURE:
   "NOTICE REQUIRED BY NEW YORK LAW
   YOU  MAY  CANCEL  THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, AT
 ANY  TIME  BEFORE  MIDNIGHT  OF  ________  (FIFTH  BUSINESS  DAY   AFTER
 EXECUTION).

 S. 7508--A                         143                        A. 9508--A
 
   ___________  (NAME OF CONSULTANT) (THE "CONSULTANT") OR ANYONE WORKING
 FOR THE CONSULTANT MAY NOT TAKE ANY MONEY FROM YOU OR ASK YOU FOR  MONEY
 UNTIL  THE  CONSULTANT  HAS  COMPLETELY  FINISHED  DOING EVERYTHING THIS
 CONTRACT SAYS THE CONSULTANT WILL DO.
   YOU SHOULD CONSIDER CONTACTING YOUR STUDENT LOAN SERVICER BEFORE SIGN-
 ING  ANY  LEGAL  DOCUMENT CONCERNING YOUR STUDENT LOAN. IN ADDITION, YOU
 MAY WANT TO VISIT THE NEW YORK STATE DEPARTMENT OF  FINANCIAL  SERVICES'
 STUDENT LENDING RESOURCE CENTER AT WWW.DFS.NY.GOV/STUDENTPROTECTION. THE
 LAW REQUIRES THAT THIS CONTRACT CONTAIN THE ENTIRE AGREEMENT BETWEEN YOU
 AND  THE  PROVIDER.   YOU SHOULD NOT RELY UPON ANY OTHER WRITTEN OR ORAL
 AGREEMENT OR PROMISE."
   THE PROVIDER SHALL ACCURATELY ENTER THE DATE ON  WHICH  THE  RIGHT  TO
 CANCEL ENDS.
   (B)  (1)  THE BORROWER HAS THE RIGHT TO CANCEL, WITHOUT ANY PENALTY OR
 OBLIGATION, ANY CONTRACT WITH A CONSULTANT UNTIL MIDNIGHT OF  THE  FIFTH
 BUSINESS  DAY FOLLOWING THE DAY ON WHICH THE CONSULTANT AND THE BORROWER
 SIGN A CONSULTING CONTRACT. CANCELLATION OCCURS WHEN THE BORROWER, OR  A
 REPRESENTATIVE  OF  THE  BORROWER,  EITHER  DELIVERS  WRITTEN  NOTICE OF
 CANCELLATION IN PERSON  TO  THE  ADDRESS  SPECIFIED  IN  THE  CONSULTING
 CONTRACT OR SENDS A WRITTEN COMMUNICATION BY FACSIMILE, BY UNITED STATES
 MAIL  OR  BY  AN ESTABLISHED COMMERCIAL LETTER DELIVERY SERVICE. A DATED
 PROOF OF FACSIMILE DELIVERY OR PROOF OF MAILING  CREATES  A  PRESUMPTION
 THAT  THE  NOTICE  OF  CANCELLATION  HAS  BEEN DELIVERED ON THE DATE THE
 FACSIMILE IS SENT OR THE NOTICE IS DEPOSITED IN THE  MAIL  OR  WITH  THE
 DELIVERY  SERVICE.    CANCELLATION  OF  THE  CONTRACT  SHALL RELEASE THE
 BORROWER FROM ALL OBLIGATIONS TO PAY FEES OR ANY OTHER  COMPENSATION  TO
 THE CONSULTANT
   (2)  THE  CONTRACT  SHALL  BE  ACCOMPANIED  BY  TWO  COPIES OF A FORM,
 CAPTIONED "NOTICE OF CANCELLATION" IN AT LEAST TWELVE-POINT  BOLD  TYPE.
 THIS FORM SHALL BE ATTACHED TO THE CONTRACT, SHALL BE EASILY DETACHABLE,
 AND  SHALL  CONTAIN THE FOLLOWING STATEMENT WRITTEN IN THE SAME LANGUAGE
 AS USED IN THE CONTRACT, AND THE CONTRACTOR SHALL INSERT ACCURATE INFOR-
 MATION AS TO THE DATE ON WHICH THE RIGHT TO CANCEL ENDS AND THE CONTRAC-
 TOR'S CONTACT INFORMATION:
   "NOTICE OF CANCELLATION
   NOTE: YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION,
 AT ANY TIME BEFORE MIDNIGHT OF ________ (ENTER DATE)
   TO CANCEL THIS CONTRACT, SIGN AND DATE BOTH COPIES OF  THIS  CANCELLA-
 TION  NOTICE  AND  PERSONALLY  DELIVER ONE COPY OR SEND IT BY FACSIMILE,
 UNITED  STATES  MAIL,  OR  AN  ESTABLISHED  COMMERCIAL  LETTER  DELIVERY
 SERVICE, INDICATING CANCELLATION TO THE CONSULTANT AT ONE OF THE FOLLOW-
 ING:
   NAME OF CONSULTANT _________________________
   STREET ADDRESS _____________________________
   CITY, STATE, ZIP ___________________________
   FACSIMILE: _________________________________
   I HEREBY CANCEL THIS TRANSACTION.
   NAME OF BORROWER: __________________________
   SIGNATURE OF BORROWER: _____________________
   DATE: ______________________________________"
   (3)  WITHIN  TEN  DAYS  FOLLOWING  RECEIPT OF A NOTICE OF CANCELLATION
 GIVEN IN ACCORDANCE WITH THIS SUBDIVISION, THE CONSULTANT  SHALL  RETURN
 ANY  ORIGINAL  CONTRACT AND ANY OTHER DOCUMENTS SIGNED BY OR PROVIDED BY
 THE BORROWER.   CANCELLATION SHALL RELEASE THE  BORROWER  OF  ALL  OBLI-
 GATIONS TO PAY ANY FEES OR COMPENSATION TO THE CONSULTANT.

 S. 7508--A                         144                        A. 9508--A
 
   §  705.  PENALTIES  AND  OTHER  PROVISIONS.  (A) IF THE SUPERINTENDENT
 FINDS, AFTER NOTICE AND HEARING, THAT  A  CONSULTANT  HAS  VIOLATED  ANY
 PROVISION  OF  THIS  ARTICLE,  THE SUPERINTENDENT MAY: (1) MAKE NULL AND
 VOID ANY AGREEMENT BETWEEN THE BORROWER  AND  THE  CONSULTANT;  AND  (2)
 IMPOSE  A  CIVIL  PENALTY OF NOT MORE THAN TEN THOUSAND DOLLARS FOR EACH
 VIOLATION.
   (B) IF THE CONSULTANT VIOLATES ANY PROVISION OF THIS ARTICLE  AND  THE
 BORROWER  SUFFERS  DAMAGE  BECAUSE  OF  THE  VIOLATION, THE BORROWER MAY
 RECOVER ACTUAL AND CONSEQUENTIAL DAMAGES AND COSTS FROM  THE  CONSULTANT
 IN  AN  ACTION BASED ON THIS ARTICLE. IF THE CONSULTANT INTENTIONALLY OR
 RECKLESSLY VIOLATES ANY PROVISION OF THIS ARTICLE, THE COURT  MAY  AWARD
 THE BORROWER TREBLE DAMAGES, ATTORNEYS' FEES AND COSTS.
   (C)  ANY PROVISION OF A STUDENT DEBT CONSULTING CONTRACT THAT ATTEMPTS
 OR PURPORTS TO LIMIT THE LIABILITY OF THE CONSULTANT UNDER THIS  ARTICLE
 SHALL  BE NULL AND VOID. INCLUSION OF SUCH PROVISION SHALL AT THE OPTION
 OF THE BORROWER RENDER THE CONTRACT VOID. ANY PROVISION  IN  A  CONTRACT
 WHICH ATTEMPTS OR PURPORTS TO REQUIRE ARBITRATION OF ANY DISPUTE ARISING
 UNDER  THIS  ARTICLE  SHALL  BE  VOID AT THE OPTION OF THE BORROWER. ANY
 WAIVER OF THE PROVISIONS OF THIS ARTICLE SHALL BE VOID AND UNENFORCEABLE
 AS CONTRARY TO PUBLIC POLICY.
   (D) THE PROVISIONS OF THIS ARTICLE ARE NOT EXCLUSIVE AND ARE IN  ADDI-
 TION TO ANY OTHER REQUIREMENTS, RIGHTS, REMEDIES, AND PENALTIES PROVIDED
 BY LAW.
   § 706. RULES AND REGULATIONS. IN ADDITION TO SUCH POWERS AS MAY OTHER-
 WISE BE PRESCRIBED BY THIS CHAPTER, THE SUPERINTENDENT IS HEREBY AUTHOR-
 IZED  AND  EMPOWERED  TO PROMULGATE SUCH RULES AND REGULATIONS AS MAY IN
 THE JUDGMENT OF THE SUPERINTENDENT BE CONSISTENT WITH  THE  PURPOSES  OF
 THIS  ARTICLE,  OR  APPROPRIATE FOR THE EFFECTIVE ADMINISTRATION OF THIS
 ARTICLE.
   § 2. Section 712 of the banking law is amended by adding a new  subdi-
 vision 3 to read as follows:
   3.  THE DEPARTMENT MAY ALSO REQUIRE THE SUBMISSION OF THE FINGERPRINTS
 OF THE APPLICANT, WHICH MAY BE SUBMITTED TO  THE  DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES  AND THE FEDERAL BUREAU OF INVESTIGATION FOR STATE AND
 NATIONAL CRIMINAL HISTORY RECORD CHECKS.
   § 3. This act shall take effect immediately, provided,  however,  that
 section one of this act shall take effect October 1, 2020.
 
                                  PART NN
 
   Section  1. Paragraph 2 of subsection (a) of section 104 of the finan-
 cial services law is amended to read as follows:
   (2) "Financial product or service" shall mean: (A) any financial prod-
 uct or financial service offered or provided by any person regulated  or
 required  to  be regulated by the superintendent pursuant to the banking
 law or the insurance law or  any  OTHER  financial  product  or  service
 offered or sold to consumers [except financial products or services: (i)
 regulated  under  the  exclusive  jurisdiction  of  a  federal agency or
 authority, (ii) regulated  for  the  purpose  of  consumer  or  investor
 protection  by  any other state agency, state department or state public
 authority, or (iii) where rules or regulations promulgated by the super-
 intendent on such financial product or service  would  be  preempted  by
 federal law] OR SMALL BUSINESSES; [and]
   (B) THE SALE OR PROVISION TO A CONSUMER OR SMALL BUSINESS OF ANY SECU-
 RITY, INVESTMENT ADVICE, OR MONEY MANAGEMENT DEVICE;

 S. 7508--A                         145                        A. 9508--A
 
   (C)  ANY  WARRANTY SOLD OR PROVIDED TO A CONSUMER OR SMALL BUSINESS OR
 ANY GUARANTEE OR SURETYSHIP PROVIDED TO A CONSUMER;
   (D)  ANY  MERCHANT  CASH ADVANCE PROVIDED TO A CONSUMER OR SMALL BUSI-
 NESS; OR
   (E) ANY CONTRACT INVOLVING ANY PROVISION OF SUBPARAGRAPHS (A)  THROUGH
 (D) OF THIS PARAGRAPH.
   "Financial  product  or service" shall [also] not include [the follow-
 ing, when offered or  provided  by  a  provider  of  consumer  goods  or
 services:  (i) the extension of credit directly to a consumer exclusive-
 ly  for  the purpose of enabling that consumer to purchase such consumer
 good or service directly from the seller, (ii) the  collection  of  debt
 arising  from  such credit, or (iii) the sale or conveyance of such debt
 that is delinquent  or  otherwise  in  default]  FINANCIAL  PRODUCTS  OR
 SERVICES  WHERE  THE RULES OR REGULATIONS PROMULGATED BY THE SUPERINTEN-
 DENT ON SUCH FINANCIAL PRODUCTS OR SERVICES WOULD BE PREEMPTED BY FEDER-
 AL LAW.
   § 2. Subsection (a) of section 104 of the financial  services  law  is
 amended by adding a new paragraph 6 to read as follows:
   (6)  "SMALL  BUSINESS"  SHALL  MEAN  A BUSINESS WHICH IS INDEPENDENTLY
 OWNED AND OPERATED, HAS LESS THAN TEN MILLION DOLLARS  IN  ANNUAL  GROSS
 RECEIPTS OR SALES, AND EMPLOYS ONE HUNDRED OR LESS PERSONS.
   §  3.  Subsection  (a) of section 206 of the financial services law is
 amended and a new subsection (g) is added to read as follows:
   (a) For each fiscal year commencing on or after April first, two thou-
 sand twelve, assessments to defray  operating  expenses,  including  all
 direct  and  indirect costs, of the department, except expenses incurred
 in the liquidation of banking organizations, shall be  assessed  by  the
 superintendent  in  accordance  with  this subsection. Persons regulated
 under the insurance law shall be assessed by the superintendent for  the
 operating  expenses  of  the  department that are solely attributable to
 regulating persons under the insurance  law,  which  shall  include  any
 expenses  that  were permissible to be assessed in fiscal year two thou-
 sand nine-two thousand ten, with the assessments allocated pro rata upon
 all domestic insurers and all licensed United States branches  of  alien
 insurers domiciled in this state within the meaning of paragraph four of
 subsection  (b)  of  section  seven  thousand  four hundred eight of the
 insurance law, in proportion to the  gross  direct  premiums  and  other
 considerations,  written  or  received  by them in this state during the
 calendar year ending December thirty-first immediately preceding the end
 of the fiscal year for which the assessment is made (less return  premi-
 ums  and  considerations thereon) for policies or contracts of insurance
 covering property or risks resident or located in this state  the  issu-
 ance  of  which policies or contracts requires a license from the super-
 intendent. Persons regulated under the banking law shall be assessed  by
 the superintendent for the operating expenses of the department that are
 solely  attributable to regulating persons under the banking law in such
 proportions as  the  superintendent  shall  deem  just  and  reasonable.
 PERSONS  REGULATED  UNDER  THIS  CHAPTER SHALL BE ASSESSED BY THE SUPER-
 INTENDENT FOR THE OPERATING EXPENSES OF THE DEPARTMENT THAT  ARE  SOLELY
 ATTRIBUTABLE TO REGULATED PERSONS UNDER THIS CHAPTER IN SUCH PROPORTIONS
 AS THE SUPERINTENDENT SHALL DEEM JUST AND REASONABLE. Operating expenses
 of  the  department not covered by the assessments set forth above shall
 be assessed by the superintendent in such proportions as the superinten-
 dent shall deem just and reasonable upon all domestic insurers  and  all
 licensed  United  States  branches  of  alien insurers domiciled in this
 state within the meaning of paragraph four of subsection (b) of  section

 S. 7508--A                         146                        A. 9508--A
 
 seven  thousand  four  hundred  eight of the insurance law, and upon any
 regulated person under THIS CHAPTER AND  the  banking  law,  other  than
 mortgage  loan originators, except as otherwise provided by sections one
 hundred  fifty-one  and two hundred twenty-eight of the workers' compen-
 sation law and by section sixty of the volunteer  firefighters'  benefit
 law. The provisions of this subsection shall not be applicable to a bank
 holding company, as that term is defined in article three-A of the bank-
 ing  law.  Persons  regulated under the banking law will not be assessed
 for expenses that the superintendent deems  to  benefit  solely  persons
 regulated  under  the  insurance  law,  and  persons regulated under the
 insurance law will not be assessed for expenses that the  superintendent
 deems to benefit solely persons regulated under the banking law.
   (G)  THE EXPENSES OF EVERY EXAMINATION OF THE AFFAIRS OF ANY REGULATED
 PERSON SUBJECT TO THIS CHAPTER, SHALL BE BORNE AND PAID  BY  SUCH  REGU-
 LATED  PERSON  SO EXAMINED, BUT THE SUPERINTENDENT, WITH THE APPROVAL OF
 THE COMPTROLLER, MAY, IN THE SUPERINTENDENT'S DISCRETION FOR GOOD  CAUSE
 SHOWN, REMIT SUCH CHARGES.
   § 4. The financial services law is amended by adding a new section 312
 to read as follows:
   §  312.  RESTITUTION.  IN  ANY  ADMINISTRATIVE  PROCEEDING OR JUDICIAL
 ACTION BROUGHT UNDER THIS CHAPTER, THE BANKING  LAW,  OR  THE  INSURANCE
 LAW,  THE  SUPERINTENDENT MAY, IN ADDITION TO ANY OTHER PENALTY OR SANC-
 TION IMPOSED BY LAW, ORDER THE INDIVIDUAL  OR  ENTITY  SUBJECT  TO  SUCH
 PROCEEDING OR ACTION TO MAKE RESTITUTION TO ALL CONSUMERS HARMED BY SUCH
 INDIVIDUAL OR ENTITY'S CONDUCT.
   § 5. The financial services law is amended by adding a new section 313
 to read as follows:
   §  313.  UNLICENSED  ACTORS.  ANY PERSON OR ENTITY THAT IS REQUIRED BY
 THIS CHAPTER, THE BANKING LAW, OR THE  INSURANCE  LAW  TO  BE  LICENSED,
 CERTIFIED,  REGISTERED,  AUTHORIZED,  CHARTERED, ACCREDITED, OR INCORPO-
 RATED AND THAT IS NOT SPECIFICALLY EXEMPTED  FROM  SUCH  APPLICABLE  LAW
 SHALL  BE  SUBJECT TO THE LAWS OF THIS CHAPTER, THE BANKING LAW, AND THE
 INSURANCE LAW, AND THE PENALTIES CONTAINED THEREIN AS IF SUCH PERSON  OR
 ENTITY  WAS  SO  LICENSED, CERTIFIED, REGISTERED, AUTHORIZED, CHARTERED,
 ACCREDITED, OR INCORPORATED, EVEN IF SUCH  PERSON  OR  ENTITY  DOES  NOT
 POSSESS  THE  REQUIRED  LICENSE,  CERTIFICATION,  REGISTRATION, AUTHORI-
 ZATION, CHARTER, ACCREDITATION, OR INCORPORATION.
   § 6. Subsection (a) of section 408 of the financial  services  law  is
 amended to read as follows:
   (a)  In  addition  to any civil or criminal liability provided by law,
 the superintendent may, after notice and hearing, levy a civil penalty:
   (1) not to exceed THE GREATER OF five thousand dollars [per] FOR  EACH
 offense[,];  A  MULTIPLE OF TWO TIMES THE AGGREGATE DAMAGES ATTRIBUTABLE
 TO THE OFFENSE; OR A MULTIPLE OF TWO TIMES THE AGGREGATE  ECONOMIC  GAIN
 ATTRIBUTABLE TO THE OFFENSE for:
   (A)  any [intentional] fraud, [or intentional] misrepresentation [of a
 material fact], OR UNFAIR, DECEPTIVE, OR ABUSIVE ACT  OR  PRACTICE  with
 respect to a financial product or service or involving any person offer-
 ing  to provide or providing financial products or services OR INVOLVING
 ANY SERVICE PROVIDER UTILIZED BY  ANY  PERSON  OFFERING  TO  PROVIDE  OR
 PROVIDING FINANCIAL PRODUCTS OR SERVICES; or
   (B)  any  violation of state or federal fair debt collection practices
 or federal or state fair lending laws; [and] OR
   [(2) not to exceed one thousand dollars for] (C) any  other  violation
 of  this  chapter  or  the  regulations issued thereunder, provided that

 S. 7508--A                         147                        A. 9508--A
 
 there shall be no civil penalty under this  section  for  violations  of
 article five of this chapter or the regulations issued thereunder; and
   [(3)] (2) provided, however, that:
   (A)  penalties for regulated persons under the banking law shall be as
 provided for in the banking law  and  penalties  for  regulated  persons
 under  the  insurance law shall be as provided for in the insurance law;
 and
   (B) the superintendent shall not impose or collect any  penalty  under
 this  section  in  addition  to  any penalty or fine for the same act or
 omission that is imposed under the insurance law or banking law; and
   (C) nothing in this section shall affect the construction or interpre-
 tation of the term "fraud" as it is used in any other provision  of  the
 consolidated or unconsolidated law.
   §  7.  Paragraph  1  of subsection (c) of section 109 of the insurance
 law, as amended by section 55 of part A of chapter 62  of  the  laws  of
 2011, is amended to read as follows:
   (1)  If  the  superintendent  finds  after notice and hearing that any
 authorized insurer, representative of the  insurer,  licensed  insurance
 agent, licensed insurance broker, licensed adjuster, or any other person
 or  entity  licensed,  certified,  registered, or authorized pursuant to
 this chapter, has wilfully violated the provisions of  this  chapter  or
 any regulation promulgated thereunder, then the superintendent may order
 the  person  or entity to pay to the people of this state a penalty in a
 sum not exceeding [one] TEN thousand dollars for each offense.
   § 8. This act shall take effect immediately.
 
                                  PART OO
 
   Section 1. The banking law is amended by adding a new section  4-d  to
 read as follows:
   §  4-D.  PROTECTING  VULNERABLE ADULTS FROM FINANCIAL EXPLOITATION. 1.
 DEFINITIONS. AS USED IN THIS SECTION:
   (A) "BANKING INSTITUTION" MEANS ANY BANK, TRUST COMPANY, SAVINGS BANK,
 SAVINGS AND LOAN ASSOCIATION, CREDIT UNION, OR BRANCH OF A FOREIGN BANK-
 ING CORPORATION, WHICH IS CHARTERED, ORGANIZED  OR  LICENSED  UNDER  THE
 LAWS  OF THIS STATE OR ANY OTHER STATE OR THE UNITED STATES, AND, IN THE
 ORDINARY COURSE OF BUSINESS TAKES DEPOSIT ACCOUNTS IN THIS STATE.
   (B) "VULNERABLE ADULT" MEANS AN  INDIVIDUAL  WHO,  BECAUSE  OF  MENTAL
 AND/OR  PHYSICAL  IMPAIRMENT  IS POTENTIALLY UNABLE TO MANAGE HIS OR HER
 OWN RESOURCES OR PROTECT HIMSELF OR HERSELF FROM FINANCIAL EXPLOITATION.
   (C) "FINANCIAL EXPLOITATION" MEANS: (I) THE IMPROPER TAKING, WITHHOLD-
 ING, APPROPRIATION, OR USE OF A VULNERABLE  ADULT'S  MONEY,  ASSETS,  OR
 PROPERTY; OR (II) ANY ACT OR OMISSION BY A PERSON, INCLUDING THROUGH THE
 USE OF A POWER OF ATTORNEY, GUARDIANSHIP, OR ANY OTHER AUTHORITY REGARD-
 ING A VULNERABLE ADULT TO: (A) OBTAIN CONTROL, THROUGH DECEPTION, INTIM-
 IDATION  OR  UNDUE INFLUENCE, OVER THE VULNERABLE ADULT'S MONEY, ASSETS,
 OR PROPERTY OR (B) CONVERT THE  VULNERABLE  ADULT'S  MONEY,  ASSETS,  OR
 PROPERTY.
   (D)  "TRANSACTION HOLD" MEANS A DELAY IN THE COMPLETION OF ONE OR MORE
 FINANCIAL TRANSACTIONS PENDING AN INVESTIGATION BY  A  BANKING  INSTITU-
 TION, ADULT PROTECTIVE SERVICES, OR A LAW ENFORCEMENT AGENCY.
   (E)  "ADULT  PROTECTIVE  SERVICES"  MEANS THE DIVISION OF THE NEW YORK
 CITY HUMAN RESOURCES ADMINISTRATION  AND  EACH  COUNTY'S  DEPARTMENT  OF
 HUMAN  SERVICES OR DEPARTMENT OF SOCIAL SERVICES RESPONSIBLE FOR PROVID-
 ING ADULT PROTECTIVE SERVICES PURSUANT TO SECTION FOUR HUNDRED  SEVENTY-
 THREE OF THE SOCIAL SERVICES LAW.

 S. 7508--A                         148                        A. 9508--A

   (F) "LAW ENFORCEMENT AGENCY" MEANS ANY AGENCY, INCLUDING THE FINANCIAL
 FRAUDS  AND  CONSUMER  PROTECTION  UNIT  OF  THE DEPARTMENT OF FINANCIAL
 SERVICES, WHICH IS EMPOWERED BY LAW TO CONDUCT AN  INVESTIGATION  OR  TO
 MAKE  AN  ARREST FOR A FELONY, AND ANY AGENCY WHICH IS AUTHORIZED BY LAW
 TO PROSECUTE OR PARTICIPATE IN THE PROSECUTION OF A FELONY.
   2.  APPLICATION  OF  TRANSACTION  HOLD.  (A)  IF A BANKING INSTITUTION
 REASONABLY BELIEVES:  (I) THAT FINANCIAL EXPLOITATION  OF  A  VULNERABLE
 ADULT MAY HAVE OCCURRED, MAY HAVE BEEN ATTEMPTED, OR IS BEING ATTEMPTED;
 AND  (II)  THAT  THE PLACEMENT OF A TRANSACTION HOLD MAY BE NECESSARY TO
 PROTECT A VULNERABLE ADULT'S MONEY, ASSETS, OR PROPERTY  FROM  FINANCIAL
 EXPLOITATION, THEN THE BANKING INSTITUTION MAY, AT ITS DISCRETION, APPLY
 A  TRANSACTION HOLD ON THE ACCOUNT OF A VULNERABLE ADULT, THE ACCOUNT ON
 WHICH A VULNERABLE ADULT IS A BENEFICIARY, INCLUDING A TRUST OR  GUARDI-
 ANSHIP ACCOUNT, OR THE ACCOUNT OF A PERSON WHO IS REASONABLY BELIEVED BY
 THE  BANKING INSTITUTION TO BE ENGAGING IN THE FINANCIAL EXPLOITATION OF
 A VULNERABLE ADULT.
   (B) A BANKING INSTITUTION MAY ALSO APPLY A  TRANSACTION  HOLD  ON  THE
 ACCOUNT  OF  A VULNERABLE ADULT, THE ACCOUNT ON WHICH A VULNERABLE ADULT
 IS A BENEFICIARY, INCLUDING A TRUST  OR  GUARDIANSHIP  ACCOUNT,  OR  THE
 ACCOUNT  OF  A PERSON WHO IS REASONABLY BELIEVED BY THE BANKING INSTITU-
 TION TO BE ENGAGING IN THE FINANCIAL EXPLOITATION OF A VULNERABLE ADULT,
 IF: (I) ADULT PROTECTIVE SERVICES OR A LAW ENFORCEMENT  AGENCY  PROVIDES
 INFORMATION  TO  THE BANKING INSTITUTION ESTABLISHING A REASONABLE BASIS
 TO BELIEVE THAT FINANCIAL EXPLOITATION OF A VULNERABLE  ADULT  MAY  HAVE
 OCCURRED,  MAY  HAVE BEEN ATTEMPTED, OR IS BEING ATTEMPTED; AND (II) THE
 PLACEMENT OF A TRANSACTION HOLD MAY BE NECESSARY TO PROTECT A VULNERABLE
 ADULT'S MONEY, ASSETS, OR PROPERTY FROM FINANCIAL EXPLOITATION.
   (C) A BANKING INSTITUTION THAT APPLIES A TRANSACTION HOLD SHALL:
   (I) MAKE A REASONABLE EFFORT TO PROVIDE NOTICE, ORALLY OR IN  WRITING,
 TO ALL PARTIES AUTHORIZED TO TRANSACT BUSINESS ON THE ACCOUNT ON WHICH A
 TRANSACTION  HOLD WAS PLACED WITHIN TWO BUSINESS DAYS OF WHEN THE TRANS-
 ACTION HOLD WAS PLACED;
   (II) IMMEDIATELY, BUT NO LATER THAN ONE BUSINESS DAY AFTER THE  TRANS-
 ACTION  HOLD IS PLACED, REPORT THE TRANSACTION HOLD, INCLUDING THE BASIS
 FOR THE BANKING INSTITUTION'S BELIEF THAT THE FINANCIAL EXPLOITATION  OF
 A  VULNERABLE  ADULT  MAY  HAVE OCCURRED, MAY HAVE BEEN ATTEMPTED, OR IS
 BEING ATTEMPTED, TO ADULT PROTECTIVE SERVICES AND TO A  LAW  ENFORCEMENT
 AGENCY;
   (III) AT THE REQUEST OF ADULT PROTECTIVE SERVICES OR A LAW ENFORCEMENT
 AGENCY,  PROVIDE ALL INFORMATION AND DOCUMENTS THAT RELATE TO THE TRANS-
 ACTION HOLD WITHIN THREE BUSINESS DAYS OF THE REQUEST FOR  THE  INFORMA-
 TION OR DOCUMENTS; AND
   (IV)  NOTWITHSTANDING  THE TRANSACTION HOLD, MAKE FUNDS AVAILABLE FROM
 THE ACCOUNT ON WHICH A TRANSACTION HOLD IS PLACED TO ALLOW  THE  VULNER-
 ABLE  ADULT  OR  OTHER  ACCOUNT  HOLDER TO MEET HIS OR HER ONGOING OBLI-
 GATIONS SUCH AS HOUSING AND OTHER LIVING EXPENSES OR EMERGENCY  EXPENSES
 AS  DETERMINED BY ADULT PROTECTIVE SERVICES, A LAW ENFORCEMENT AGENCY OR
 A  NOT-FOR-PROFIT  ORGANIZATION  THAT  REGULARLY  PROVIDES  SERVICES  TO
 VULNERABLE  ADULTS  IN  THE  COMMUNITY  IN  WHICH  THE  VULNERABLE ADULT
 RESIDES.
   (D) DURING THE PENDENCY OF A TRANSACTION HOLD, A  BANKING  INSTITUTION
 MAY,  IN  ITS  DISCRETION, ALSO MAKE FUNDS AVAILABLE FROM THE ACCOUNT ON
 WHICH A TRANSACTION HOLD IS PLACED TO  ALLOW  THE  VULNERABLE  ADULT  OR
 OTHER  ACCOUNT  HOLDER  TO  MEET  HIS OR HER ONGOING OBLIGATIONS SUCH AS
 HOUSING AND OTHER LIVING EXPENSES OR EMERGENCY  EXPENSES,  PROVIDED  THE
 BANKING INSTITUTION DOES NOT HAVE A REASONABLE BASIS TO BELIEVE THAT THE

 S. 7508--A                         149                        A. 9508--A
 
 DISPERSAL  OF SUCH FUNDS TO THE VULNERABLE ADULT OR OTHER ACCOUNT HOLDER
 WILL RESULT IN THE FINANCIAL EXPLOITATION OF THE VULNERABLE  ADULT.  ANY
 SUCH  DISPERSAL  OF FUNDS PURSUANT TO THIS SUBDIVISION SHALL BE REPORTED
 WITHIN  ONE BUSINESS DAY AFTER THE DISPERSAL IS MADE TO ADULT PROTECTIVE
 SERVICES AND TO A LAW ENFORCEMENT AGENCY.
   (E) THE SUPERINTENDENT MAY ADOPT REGULATIONS IDENTIFYING  THE  FACTORS
 THAT  A  BANKING INSTITUTION SHOULD CONSIDER IN DETERMINING WHETHER: (I)
 THE FINANCIAL EXPLOITATION OF A VULNERABLE ADULT MAY HAVE OCCURRED,  MAY
 HAVE  BEEN ATTEMPTED, OR IS BEING ATTEMPTED; AND (II) THE PLACEMENT OF A
 TRANSACTION HOLD IS NECESSARY TO PROTECT  A  VULNERABLE  ADULT'S  MONEY,
 ASSETS, OR PROPERTY.
   3.  DURATION  OF  TRANSACTION HOLD. (A) SUBJECT TO PARAGRAPHS (B), (C)
 AND (D) OF THIS SUBDIVISION, A TRANSACTION HOLD THAT A BANKING  INSTITU-
 TION  PLACES ON AN ACCOUNT PURSUANT TO THIS SECTION SHALL TERMINATE FIVE
 BUSINESS DAYS AFTER THE DATE ON WHICH THE TRANSACTION HOLD IS APPLIED BY
 THE BANKING INSTITUTION. A BANKING INSTITUTION MAY TERMINATE THE  TRANS-
 ACTION  HOLD  AT  ANY  TIME  DURING  THIS FIVE DAY PERIOD IF THE BANKING
 INSTITUTION IS SATISFIED THAT THE TERMINATION OF THE TRANSACTION HOLD IS
 NOT LIKELY TO RESULT IN FINANCIAL EXPLOITATION OF A VULNERABLE ADULT.
   (B) A TRANSACTION HOLD MAY BE EXTENDED BEYOND THE PERIOD SET FORTH  IN
 PARAGRAPH  (A)  OF THIS SUBDIVISION FOR UP TO AN ADDITIONAL FIFTEEN DAYS
 AT THE REQUEST OF EITHER ADULT PROTECTIVE SERVICES OR A LAW  ENFORCEMENT
 AGENCY.
   (C) A TRANSACTION HOLD MAY BE EXTENDED BEYOND THE PERIODS SET FORTH IN
 PARAGRAPHS  (A)  AND  (B)  OF THIS SUBDIVISION ONLY PURSUANT TO AN ORDER
 ISSUED BY A COURT OF COMPETENT JURISDICTION.
   (D) A TRANSACTION HOLD MAY BE TERMINATED AT ANY TIME  PURSUANT  TO  AN
 ORDER ISSUED BY A COURT OF COMPETENT JURISDICTION.
   4.  IMMUNITY. A BANKING INSTITUTION OR AN EMPLOYEE OF A BANKING INSTI-
 TUTION SHALL BE IMMUNE FROM CRIMINAL, CIVIL, AND ADMINISTRATIVE  LIABIL-
 ITY  FOR  ALL  GOOD FAITH ACTIONS IN RELATION TO THE APPLICATION OF THIS
 SECTION INCLUDING ANY GOOD FAITH DETERMINATION TO APPLY OR NOT  APPLY  A
 TRANSACTION  HOLD  ON  AN  ACCOUNT  WHERE  THERE  IS REASONABLE BASIS TO
 CONCLUDE:
   (A) THAT  FINANCIAL  EXPLOITATION  OF  A  VULNERABLE  ADULT  MAY  HAVE
 OCCURRED, MAY HAVE BEEN ATTEMPTED, OR IS BEING ATTEMPTED; AND
   (B)  THAT  THE  PLACEMENT  OF  A  TRANSACTION HOLD MAY BE NECESSARY TO
 PROTECT A VULNERABLE ADULT'S MONEY, ASSETS, OR PROPERTY  FROM  FINANCIAL
 EXPLOITATION,  SUCH  IMMUNITY  SHALL NOT APPLY TO A DETERMINATION NOT TO
 APPLY A TRANSACTION HOLD WHEN THE BANKING INSTITUTION OR  EMPLOYEE  ACTS
 RECKLESSLY  OR  ENGAGES IN INTENTIONAL MISCONDUCT IN MAKING THE DETERMI-
 NATION, OR THE DETERMINATION RESULTS FROM A CONFLICT OF INTEREST.
   5. CERTIFICATION PROGRAM.  THE  DEPARTMENT  MAY  DEVELOP  A  FINANCIAL
 EXPLOITATION   CERTIFICATION  PROGRAM  FOR  BANKING  INSTITUTIONS.  UPON
 COMPLETION OF THE TRAINING COMPONENTS REQUIRED BY THE PROGRAM AND  AFTER
 ESTABLISHING  THE  NECESSARY INTERNAL POLICIES, PROCEDURES, AND IN-HOUSE
 TRAINING PROGRAMS, A BANKING INSTITUTION SHALL RECEIVE FROM THE  DEPART-
 MENT  AN ADULT FINANCIAL EXPLOITATION PREVENTION CERTIFICATE DEMONSTRAT-
 ING THAT STAFF AT SUCH BANKING INSTITUTION HAVE BEEN TRAINED ON  HOW  TO
 IDENTIFY,  HELP  PREVENT,  AND  REPORT  THE  FINANCIAL EXPLOITATION OF A
 VULNERABLE ADULT. AT THE DISCRETION OF THE SUPERINTENDENT,  THE  CERTIF-
 ICATION  PROGRAM  MAY  BE MANDATORY FOR BANKING INSTITUTIONS LICENSED BY
 THE DEPARTMENT.
   6. REGULATIONS. THE SUPERINTENDENT MAY  ISSUE  SUCH  RULES  AND  REGU-
 LATIONS  THAT PROVIDE THE PROCEDURES FOR THE ENFORCEMENT OF THE TERMS OF

 S. 7508--A                         150                        A. 9508--A
 
 THIS SECTION AND ANY OTHER RULES AND REGULATIONS THAT HE  OR  SHE  DEEMS
 NECESSARY TO IMPLEMENT THE TERMS OF THIS SECTION.
   §  2.  This  act shall take effect October 1, 2020; provided, however,
 that the superintendent of financial services may promulgate  any  rules
 or regulations related to this act immediately.
 
                                  PART PP

   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 30 to read as follows:
                                  TITLE 30
      EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE FILL
                               PACKAGING BAN
 SECTION 27-3001. DEFINITIONS.
         27-3003. EXPANDED  POLYSTYRENE  FOAM  CONTAINER  AND POLYSTYRENE
                    LOOSE FILL PACKAGING BAN.
         27-3005. EXEMPTIONS.
         27-3007. PREEMPTION.
         27-3009. SEVERABILITY.
 § 27-3001. DEFINITIONS.
   FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   1.  "COVERED  FOOD  SERVICE  PROVIDER"  MEANS  A PERSON ENGAGED IN THE
 PRIMARY OR SECONDARY BUSINESS OF SELLING OR DISTRIBUTING  PREPARED  FOOD
 OR BEVERAGES FOR ON-PREMISE OR OFF-PREMISE CONSUMPTION INCLUDING BUT NOT
 LIMITED  TO:  (A)  FOOD SERVICE ESTABLISHMENTS, CATERERS, TEMPORARY FOOD
 SERVICE ESTABLISHMENTS, MOBILE FOOD SERVICE  ESTABLISHMENTS,  AND  PUSH-
 CARTS  AS  DEFINED  IN THE NEW YORK STATE SANITARY CODE; (B) RETAIL FOOD
 STORES AS DEFINED IN ARTICLE 28 OF THE AGRICULTURE AND MARKETS LAW;  (C)
 DELICATESSENS;  (D) GROCERY STORES; (E) RESTAURANTS; (F) CAFETERIAS; (G)
 COFFEE SHOPS; (H) HOSPITALS, ADULT CARE FACILITIES, AND  NURSING  HOMES;
 AND (I) ELEMENTARY AND SECONDARY SCHOOLS, COLLEGES, AND UNIVERSITIES.
   2.  "DISPOSABLE  FOOD  SERVICE  CONTAINER" MEANS A BOWL, CARTON, CLAM-
 SHELL, CUP, LID, PLATE, TRAY, OR ANY OTHER PRODUCT THAT IS  DESIGNED  OR
 USED FOR THE TEMPORARY STORAGE OR TRANSPORT OF A PREPARED FOOD OR BEVER-
 AGE  INCLUDING  A  CONTAINER GENERALLY RECOGNIZED BY THE PUBLIC AS BEING
 DESIGNED FOR SINGLE USE.
   3. "EXPANDED POLYSTYRENE  FOAM"  MEANS  EXPANDED  FOAM  THERMOPLASTICS
 UTILIZING  A  STYRENE MONOMER AND PROCESSED BY ANY NUMBER OF TECHNIQUES.
 SUCH TERM SHALL NOT INCLUDE RIGID POLYSTYRENE.
   4. "MANUFACTURER" MEANS EVERY PERSON, FIRM OR CORPORATION THAT PRODUC-
 ES OR IMPORTS POLYSTYRENE LOOSE FILL PACKAGING THAT IS SOLD, OFFERED FOR
 SALE, OR DISTRIBUTED IN THE STATE.
   5. "POLYSTYRENE LOOSE FILL PACKAGING" MEANS A  VOID-FILLING  PACKAGING
 PRODUCT  MADE  OF EXPANDED POLYSTYRENE THAT IS USED AS A PACKAGING FILL,
 COMMONLY REFERRED TO AS PACKING PEANUTS.
   6. "PREPARED FOOD" MEANS FOOD OR BEVERAGES THAT ARE  COOKED,  CHOPPED,
 SLICED,  MIXED,  BREWED, FROZEN, HEATED, SQUEEZED, COMBINED OR OTHERWISE
 PREPARED ON THE PREMISES OF A COVERED FOOD SERVICE PROVIDER FOR  IMMEDI-
 ATE  CONSUMPTION  AND  REQUIRE  NO  FURTHER  PREPARATION TO BE CONSUMED.
 PREPARED FOOD INCLUDES BUT IS NOT LIMITED TO READY TO EAT TAKEOUT  FOODS
 AND BEVERAGES.
   7. "RIGID POLYSTYRENE" MEANS PLASTIC PACKAGING MADE FROM RIGID, POLYS-
 TYRENE RESIN THAT HAS NOT BEEN EXPANDED, EXTRUDED, OR FOAMED.
   8.  "STORE"  MEANS  A  RETAIL  OR WHOLESALE ESTABLISHMENT OTHER THAN A
 COVERED FOOD SERVICE PROVIDER.

 S. 7508--A                         151                        A. 9508--A
 
 § 27-3003. EXPANDED POLYSTYRENE FOAM  CONTAINER  AND  POLYSTYRENE  LOOSE
              FILL PACKAGING BAN.
   1.  (A)  BEGINNING  JANUARY FIRST, TWO THOUSAND TWENTY-TWO, NO COVERED
 FOOD SERVICE PROVIDER OR STORE SHALL  SELL,  OFFER  FOR  SALE,  USE,  OR
 DISTRIBUTE DISPOSABLE FOOD SERVICE CONTAINERS USED TO HOLD PREPARED FOOD
 OR BEVERAGES THAT CONTAIN EXPANDED POLYSTYRENE FOAM.
   (B)  BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-TWO, NO COVERED FOOD
 SERVICE PROVIDER, MANUFACTURER, OR STORE SHALL  SELL,  OFFER  FOR  SALE,
 USE, OR DISTRIBUTE POLYSTYRENE LOOSE FILL PACKAGING.
   2. THE DEPARTMENT IS AUTHORIZED TO:
   (A)  UNDERTAKE A REVIEW OF ADDITIONAL PRODUCT PACKAGING, AND, BASED ON
 THE ENVIRONMENTAL IMPACTS OF SUCH PRODUCTS,  PROMULGATE  REGULATIONS  TO
 LIMIT THE SALE, USE, OR DISTRIBUTION OF SUCH PRODUCTS;
   (B)  CONDUCT  EDUCATION  AND OUTREACH IN MULTIPLE LANGUAGES TO COVERED
 FOOD SERVICE PROVIDERS, MANUFACTURERS, AND STORES TO INFORM THEM OF  THE
 PROVISIONS OF THIS TITLE; AND
   (C)  PROMULGATE  ANY OTHER SUCH RULES AND REGULATIONS AS IT SHALL DEEM
 NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
 § 27-3005. EXEMPTIONS.
   NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW,  THIS  TITLE  SHALL
 NOT APPLY TO:
   1.  PREPACKAGED  FOOD  FILLED  OR SEALED PRIOR TO RECEIPT AT A COVERED
 FOOD SERVICE PROVIDER; OR
   2. RAW MEAT OR RAW FISH SOLD FOR THE PURPOSE OF COOKING  OR  PREPARING
 OFF-PREMISES BY THE CUSTOMER; OR
   3.  FOR  PURPOSES  OF  THE  EXPANDED  POLYSTYRENE  FOAM CONTAINER BAN,
 COVERED FOOD SERVICE PROVIDERS THAT DEMONSTRATE  UNDUE  FINANCIAL  HARD-
 SHIP,  AS  DETERMINED  BY  THE  DEPARTMENT,  PROVIDED  HOWEVER THAT SUCH
 COVERED FOOD SERVICE PROVIDERS THAT HAVE TEN OR  MORE  LOCATIONS  WITHIN
 THE  STATE THAT (A) CONDUCT BUSINESS UNDER THE SAME BUSINESS NAME OR (B)
 OPERATE UNDER COMMON OWNERSHIP OR MANAGEMENT OR PURSUANT TO A  FRANCHISE
 AGREEMENT  WITH  THE  SAME  FRANCHISOR  SHALL  NOT  BE  ELIGIBLE  FOR AN
 EXEMPTION.
 § 27-3007. PREEMPTION.
   1. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS  SECTION,  ANY  LOCAL
 LAW  OR ORDINANCE WHICH IS INCONSISTENT WITH ANY PROVISION OF THIS TITLE
 OR ANY RULE OR REGULATION PROMULGATED HEREUNDER SHALL BE PREEMPTED.
   2. ANY PROVISION OF ANY LOCAL LAW OR ORDINANCE, OR ANY RULE  OR  REGU-
 LATION PROMULGATED THERETO, GOVERNING THE PROHIBITION OF EXPANDED POLYS-
 TYRENE  USE  OR  SALE OR THE OFFERING FOR SALE OF POLYSTYRENE LOOSE FILL
 PACKAGING, WHICH IS INCONSISTENT WITH THE PROVISIONS OF  THIS  TITLE  OR
 ANY  RULES  OR REGULATIONS PROMULGATED HEREUNDER, SHALL NOT BE PREEMPTED
 IF SUCH LOCAL LAW OR ORDINANCE IS  AT  LEAST  AS  COMPREHENSIVE  AS  THE
 PROVISIONS  OF  THIS TITLE OR ANY RULES OR REGULATIONS PROMULGATED HERE-
 UNDER.
 § 27-3009. SEVERABILITY.
   IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION  OR  PART  OF  THIS  TITLE
 SHALL  BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
 SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THER-
 EOF, 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.
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 71-2730 to read as follows:
 § 71-2730. ENFORCEMENT OF TITLE 30 OF ARTICLE 27 OF THIS CHAPTER.

 S. 7508--A                         152                        A. 9508--A

   1.  ANY PERSON WHO SHALL VIOLATE SECTION 27-3003 OF THIS CHAPTER SHALL
 BE LIABLE TO THE STATE OF NEW YORK FOR A CIVIL PENALTY OF NOT MORE  THAN
 TWO  HUNDRED  FIFTY  DOLLARS FOR THE FIRST VIOLATION, NOT MORE THAN FIVE
 HUNDRED DOLLARS FOR THE SECOND VIOLATION IN THE SAME CALENDAR YEAR,  NOT
 MORE  THAN  ONE  THOUSAND  DOLLARS  FOR  THE THIRD VIOLATION IN THE SAME
 CALENDAR YEAR, AND NOT MORE THAN TWO THOUSAND DOLLARS FOR THE FOURTH AND
 EACH SUBSEQUENT VIOLATION IN THE SAME CALENDAR YEAR. A HEARING OR OPPOR-
 TUNITY TO BE HEARD SHALL BE PROVIDED PRIOR  TO  THE  ASSESSMENT  OF  ANY
 CIVIL PENALTY.
   2.  (A) THE DEPARTMENT, THE DEPARTMENT OF AGRICULTURE AND MARKETS, THE
 DEPARTMENT OF HEALTH, AND THE ATTORNEY GENERAL ARE HEREBY AUTHORIZED  TO
 ENFORCE THE PROVISIONS OF SECTION 27-3003 OF THIS CHAPTER.
   (B)  THE  PROVISIONS  OF  SECTION  27-3003 OF THIS CHAPTER MAY ALSO BE
 ENFORCED BY A VILLAGE, TOWN, CITY, OR COUNTY AND THE  LOCAL  LEGISLATIVE
 BODY  THEREOF MAY ADOPT LOCAL LAWS, ORDINANCES OR REGULATIONS CONSISTENT
 WITH THIS TITLE PROVIDING FOR THE ENFORCEMENT OF SUCH PROVISIONS.
   3. ANY FINES THAT ARE COLLECTED BY THE STATE DURING PROCEEDINGS BY THE
 STATE TO ENFORCE THE PROVISIONS OF SECTION 27-3003 OF THIS CHAPTER SHALL
 BE PAID INTO THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED  PURSUANT  TO
 SECTION  NINETY-TWO-S  OF THE FINANCE LAW.  ANY FINES THAT ARE COLLECTED
 BY A MUNICIPALITY DURING PROCEEDINGS BY THE MUNICIPALITY TO ENFORCE SUCH
 PROVISIONS WITHIN THE MUNICIPALITY SHALL  BE  RETAINED  BY  THE  MUNICI-
 PALITY.
   § 3. This act shall take effect immediately.
 
                                  PART QQ
 
   Section  1.  The  restore mother nature bond act is enacted to read as
 follows:
                      ENVIRONMENTAL BOND ACT OF 2020
                          "RESTORE MOTHER NATURE"
 Section 1. Short title.
         2. Creation of state debt.
         3. Bonds of the state.
         4. Use of moneys received.
   § 1. Short title. This act shall be known and  may  be  cited  as  the
 "environmental bond act of 2020 restore mother nature".
   §  2.  Creation of state debt. The creation of state debt in an amount
 not exceeding in the aggregate three billion dollars ($3,000,000,000) is
 hereby authorized to provide moneys for the  single  purpose  of  making
 environmental  improvements  that  preserve,  enhance,  and  restore New
 York's natural resources and reduce the  impact  of  climate  change  by
 funding  capital  projects  to:  restore  habitat  and reduce flood risk
 including wetland, floodplain, and stream  restoration  and  protection,
 acquisition of real property, enhance shoreline protection, forest pres-
 ervation,  development  and improvement of fish hatcheries, and removal,
 alteration, and right-sizing of dams,  bridges,  and  culverts;  improve
 water   quality   through  wastewater  infrastructure  improvements  and
 upgrades including green infrastructure projects that reduce  stormwater
 impacts,  agricultural  nutrient  management,  and expansion of riparian
 buffers; protect  open  space  and  invest  in  associated  recreational
 infrastructure  including  land acquisition, development and improvement
 of park, campground, nature center, and other state recreational facili-
 ties; expand the use of renewable  energy  to  mitigate  climate  change
 including,  but not limited to, clean energy or resiliency projects; and

 S. 7508--A                         153                        A. 9508--A
 
 other such projects that preserve, enhance, and restore the  quality  of
 the state's environment.
   §  3.  Bonds  of the state. The state comptroller is hereby authorized
 and empowered to issue and sell bonds of the state up to  the  aggregate
 amount  of  three  billion  dollars ($3,000,000,000) for the purposes of
 this act, subject to the provisions of article 5 of  the  state  finance
 law. The aggregate principal amount of such bonds shall not exceed three
 billion  dollars  ($3,000,000,000)  excluding  bonds issued to refund or
 otherwise repay bonds heretofore  issued  for  such  purpose;  provided,
 however,  that upon any such refunding or repayment, the total aggregate
 principal amount of outstanding bonds may be greater than three  billion
 dollars ($3,000,000,000) only if the present value of the aggregate debt
 service  of  the  refunding  or  repayment  bonds to be issued shall not
 exceed the present value of the aggregate debt service of the  bonds  to
 be refunded or repaid. The method for calculating present value shall be
 determined by law.
   § 4. Use of moneys received. The moneys received by the state from the
 sale  of  bonds  sold pursuant to this act shall be expended pursuant to
 appropriations for capital projects related to  design,  planning,  site
 acquisition,  demolition,  construction,  reconstruction,  and rehabili-
 tation including but not limited to, projects specified in  section  two
 of this act.
   §  2.  This  act  shall  take  effect  immediately,  provided that the
 provisions of section one of this act shall not take effect  unless  and
 until  this  act  shall have been submitted to the people at the general
 election to be held in November 2020 and shall have been approved  by  a
 majority  of  all  votes  cast for and against it at such election. Upon
 approval by the people, section one of this act shall take effect  imme-
 diately.  The  ballots  to  be  furnished  for  the  use  of voters upon
 submission of this act shall be in the form prescribed by  the  election
 law  and  the  proposition  or question to be submitted shall be printed
 thereon in the following form, namely "To address and combat the  impact
 of  climate change and damage to the environment, the Environmental Bond
 Act of 2020 "Restore Mother Nature" authorizes the sale of  state  bonds
 up  to  three  billion dollars to fund environmental protection, natural
 restoration, resiliency, and clean energy projects. Shall  the  Environ-
 mental Bond Act of 2020 be approved?".
 
                                  PART RR
 
   Section  1.  The environmental conservation law is amended by adding a
 new article 58 to read as follows:
                                ARTICLE 58
   IMPLEMENTATION OF THE ENVIRONMENTAL BOND ACT OF 2020 "RESTORE MOTHER
                                  NATURE"
 SECTION 58-0101. DEFINITIONS.
         58-0103. ALLOCATION OF MONEYS.
         58-0105. POWERS AND DUTIES.
         58-0107. POWERS AND DUTIES OF A MUNICIPALITY.
         58-0109. CONSISTENCY WITH FEDERAL TAX LAW.
         58-0111. COMPLIANCE WITH OTHER LAW.
 § 58-0101. DEFINITIONS.
   AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL MEAN AND INCLUDE:
   1. "BONDS" SHALL MEAN GENERAL OBLIGATION BONDS ISSUED PURSUANT TO  THE
 ENVIRONMENTAL  BOND  ACT  OF  2020 "RESTORE MOTHER NATURE" IN ACCORDANCE

 S. 7508--A                         154                        A. 9508--A
 
 WITH ARTICLE VII OF THE NEW YORK STATE CONSTITUTION AND ARTICLE FIVE  OF
 THE STATE FINANCE LAW.
   2.  "COST"  MEANS  THE  EXPENSE  OF  AN  APPROVED PROJECT, WHICH SHALL
 INCLUDE BUT NOT BE LIMITED TO APPRAISAL, SURVEYING, PLANNING,  ENGINEER-
 ING AND ARCHITECTURAL SERVICES, PLANS AND SPECIFICATIONS, CONSULTANT AND
 LEGAL  SERVICES,  SITE  PREPARATION,  DEMOLITION, CONSTRUCTION AND OTHER
 DIRECT EXPENSES INCIDENT TO SUCH PROJECT.
   3. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF  ENVIRONMENTAL  CONSERVA-
 TION.
   4.  "MUNICIPALITY"  MEANS  A  LOCAL PUBLIC AUTHORITY OR PUBLIC BENEFIT
 CORPORATION, A COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, SUPERVISORY
 DISTRICT, DISTRICT CORPORATION, IMPROVEMENT DISTRICT  WITHIN  A  COUNTY,
 CITY, TOWN OR VILLAGE, OR INDIAN NATION OR TRIBE RECOGNIZED BY THE STATE
 OR  THE  UNITED  STATES  WITH  A RESERVATION WHOLLY OR PARTLY WITHIN THE
 BOUNDARIES OF NEW YORK STATE, OR ANY COMBINATION THEREOF.
   5. "STATE ASSISTANCE PAYMENT" MEANS PAYMENT OF THE STATE SHARE OF  THE
 COST  OF  PROJECTS  AUTHORIZED  BY  THIS  ARTICLE  TO PRESERVE, ENHANCE,
 RESTORE AND IMPROVE THE QUALITY OF THE STATE'S ENVIRONMENT.
   6. "STATE  ENTITY"  MEANS  ANY  STATE  DEPARTMENT,  DIVISION,  AGENCY,
 OFFICE, PUBLIC AUTHORITY, OR PUBLIC BENEFIT CORPORATION.
 § 58-0103. ALLOCATION OF MONEYS.
   THE  MONEYS  RECEIVED  BY THE STATE FROM THE SALE OF BONDS PURSUANT TO
 THE ENVIRONMENTAL BOND ACT OF 2020  "RESTORE  MOTHER  NATURE"  SHALL  BE
 EXPENDED  FOR  PROJECT  COSTS  TO: RESTORE HABITAT AND REDUCE FLOOD RISK
 INCLUDING, WETLAND, FLOODPLAIN, AND STREAM RESTORATION  AND  PROTECTION,
 ACQUISITION OF REAL PROPERTY, ENHANCE SHORELINE PROTECTION, FOREST PRES-
 ERVATION,  DEVELOPMENT  AND IMPROVEMENT OF FISH HATCHERIES, AND REMOVAL,
 ALTERATION, AND RIGHT-SIZING OF DAMS,  BRIDGES,  AND  CULVERTS;  IMPROVE
 WATER  QUALITY  THROUGH WASTEWATER INFRASTRUCTURE AND UPGRADES INCLUDING
 GREEN INFRASTRUCTURE PROJECTS THAT REDUCE STORMWATER  IMPACTS,  AGRICUL-
 TURAL  NUTRIENT  MANAGEMENT  AND  EXPANSION OF RIPARIAN BUFFERS; PROTECT
 OPEN SPACE AND INVEST IN ASSOCIATED RECREATIONAL INFRASTRUCTURE  INCLUD-
 ING  LAND  ACQUISITION, DEVELOPMENT AND IMPROVEMENT OF PARK, CAMPGROUND,
 NATURE CENTER, AND OTHER STATE RECREATIONAL FACILITIES; EXPAND  THE  USE
 OF  RENEWABLE  ENERGY  TO  MITIGATE  CLIMATE  CHANGE, INCLUDING, BUT NOT
 LIMITED TO, CLEAN ENERGY OR RESILIENCY PROJECTS; AND OTHER SUCH PROJECTS
 THAT PRESERVE, ENHANCE, AND RESTORE THE QUALITY OF THE STATE'S  ENVIRON-
 MENT.
 § 58-0105. POWERS AND DUTIES.
   IN IMPLEMENTING THE PROVISIONS OF THIS ARTICLE THE DEPARTMENT IS HERE-
 BY AUTHORIZED TO:
   1.  ADMINISTER  FUNDS GENERATED PURSUANT TO THE ENVIRONMENTAL BOND ACT
 OF 2020 "RESTORE MOTHER NATURE".
   2. IN THE NAME OF THE STATE, AS FURTHER PROVIDED WITHIN THIS  ARTICLE,
 CONTRACT  TO  MAKE,  WITHIN  THE LIMITATIONS OF APPROPRIATIONS AVAILABLE
 THEREFOR, STATE  ASSISTANCE  PAYMENTS  TOWARD  THE  COST  OF  A  PROJECT
 APPROVED, AND TO BE UNDERTAKEN PURSUANT TO THIS ARTICLE.
   3. APPROVE VOUCHERS FOR THE PAYMENTS PURSUANT TO AN APPROVED CONTRACT.
   4.  ENTER  INTO CONTRACTS WITH ANY PERSON, FIRM, CORPORATION, NOT-FOR-
 PROFIT CORPORATION, AGENCY OR OTHER ENTITY, PRIVATE OR GOVERNMENTAL, FOR
 THE PURPOSE OF EFFECTUATING THE PROVISIONS OF THIS ARTICLE.
   5. PROMULGATE SUCH RULES AND REGULATIONS AND TO DEVELOP SUCH FORMS AND
 PROCEDURES NECESSARY TO  EFFECTUATE  THE  PROVISIONS  OF  THIS  ARTICLE,
 INCLUDING  BUT  NOT  LIMITED  TO REQUIREMENTS FOR THE FORM, CONTENT, AND
 SUBMISSION OF APPLICATIONS BY MUNICIPALITIES FOR STATE FINANCIAL ASSIST-
 ANCE.

 S. 7508--A                         155                        A. 9508--A
 
   6. DELEGATE TO, OR COOPERATE WITH,  ANY  OTHER  STATE  ENTITY  IN  THE
 ADMINISTRATION OF THIS ARTICLE.
   7.  PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROPER OR
 DESIRABLE TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
 § 58-0107. 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.
   3.  APPLY  FOR  AND  RECEIVE  MONEYS FROM THE STATE FOR THE PURPOSE OF
 ACCOMPLISHING PROJECTS UNDERTAKEN OR TO BE UNDERTAKEN PURSUANT  TO  THIS
 ARTICLE.
   4.  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.
 § 58-0109. CONSISTENCY WITH FEDERAL TAX LAW.
   ALL ACTIONS UNDERTAKEN PURSUANT TO THIS ARTICLE SHALL BE REVIEWED  FOR
 CONSISTENCY  WITH  PROVISIONS  OF  THE FEDERAL INTERNAL REVENUE CODE AND
 REGULATIONS THEREUNDER, IN ACCORDANCE  WITH  PROCEDURES  ESTABLISHED  IN
 CONNECTION  WITH  THE  ISSUANCE OF ANY TAX EXEMPT BONDS PURSUANT TO THIS
 ARTICLE, TO PRESERVE THE TAX EXEMPT STATUS OF SUCH BONDS.
 § 58-0111. COMPLIANCE WITH OTHER LAW.
   EVERY RECIPIENT OF FUNDS TO BE MADE AVAILABLE PURSUANT TO THIS ARTICLE
 SHALL COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL LAWS.
   § 2. The state finance law is amended by adding a new section  97-tttt
 to read as follows:
   §  97-TTTT. RESTORE MOTHER NATURE BOND FUND. 1. THERE IS HEREBY ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE  "RESTORE
 MOTHER NATURE BOND FUND".
   2.  THE STATE COMPTROLLER SHALL DEPOSIT INTO THE RESTORE MOTHER NATURE
 BOND FUND ALL MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR
 NOTES FOR USES ELIGIBLE PURSUANT TO SECTION FOUR  OF  THE  ENVIRONMENTAL
 BOND ACT OF 2020 "RESTORE MOTHER NATURE".
   3.  MONEYS IN THE RESTORE MOTHER NATURE BOND FUND, FOLLOWING APPROPRI-
 ATION BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF  THE  BUDGET,
 SHALL  BE  AVAILABLE  ONLY  FOR  REIMBURSEMENT OF EXPENDITURES MADE FROM
 APPROPRIATIONS FROM THE CAPITAL PROJECTS FUND FOR  THE  PURPOSE  OF  THE
 RESTORE  MOTHER NATURE BOND FUND, AS SET FORTH IN THE ENVIRONMENTAL BOND
 ACT OF 2020 "RESTORE MOTHER NATURE".
   4. NO MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES
 SOLD PURSUANT TO THE ENVIRONMENTAL BOND  ACT  OF  2020  "RESTORE  MOTHER
 NATURE" SHALL BE EXPENDED FOR ANY PROJECT UNTIL FUNDS THEREFOR HAVE BEEN
 ALLOCATED  PURSUANT  TO THE PROVISIONS OF THIS SECTION AND COPIES OF THE
 APPROPRIATE CERTIFICATES OF APPROVAL FILED WITH THE CHAIR OF THE  SENATE
 FINANCE  COMMITTEE,  THE  CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE
 AND THE STATE COMPTROLLER.
   § 3. Section 61 of the state finance law is amended by  adding  a  new
 subdivision 32 to read as follows:
   32. THIRTY YEARS. FOR THE PAYMENT OF "RESTORE MOTHER NATURE" PROJECTS,
 AS  DEFINED IN ARTICLE FIFTY-EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW
 AND UNDERTAKEN PURSUANT TO A CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY,
 ENACTING AND CONSTITUTING THE ENVIRONMENTAL BOND ACT  OF  2020  "RESTORE
 MOTHER  NATURE".    THIRTY YEARS FOR FLOOD CONTROL INFRASTRUCTURE, OTHER

 S. 7508--A                         156                        A. 9508--A
 
 ENVIRONMENTAL INFRASTRUCTURE, WETLAND  AND  OTHER  HABITAT  RESTORATION,
 WATER  QUALITY  PROJECTS,  ACQUISITION OF LAND, INCLUDING ACQUISITION OF
 REAL PROPERTY, AND RENEWABLE ENERGY PROJECTS. NOTWITHSTANDING THE  FORE-
 GOING,  FOR  THE  PURPOSES OF CALCULATING ANNUAL DEBT SERVICE, THE STATE
 COMPTROLLER SHALL APPLY A WEIGHTED AVERAGE PERIOD OF  PROBABLE  LIFE  OF
 RESTORE MOTHER NATURE PROJECTS, INCLUDING ANY OTHER WORKS OR PURPOSES TO
 BE  FINANCED  WITH  STATE DEBT. WEIGHTED AVERAGE PERIOD OF PROBABLE LIFE
 SHALL BE DETERMINED BY COMPUTING THE SUM OF THE  PRODUCTS  DERIVED  FROM
 MULTIPLYING  THE  DOLLAR VALUE OF THE PORTION OF THE DEBT CONTRACTED FOR
 EACH WORK OR PURPOSE (OR CLASS OF WORKS OR  PURPOSES)  BY  THE  PROBABLE
 LIFE  OF SUCH WORK OR PURPOSE (OR CLASS OF WORKS OR PURPOSES) AND DIVID-
 ING THE RESULTING SUM BY THE DOLLAR  VALUE  OF  THE  ENTIRE  DEBT  AFTER
 TAKING INTO CONSIDERATION ANY ORIGINAL ISSUE PREMIUM OR DISCOUNT.
   §  4.  If any clause, sentence, paragraph, section or part of this act
 shall be adjudged by any court of competent jurisdiction to be  invalid,
 such judgment shall not affect, impair or invalidate the remainder ther-
 eof,  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.
   §  5.  This  act shall take effect only in the event that section 1 of
 part QQ of a chapter of the laws of  2020,  enacting  the  environmental
 bond  act  of 2020 "restore mother nature" is submitted to the people at
 the general election to be held in November 2020 and is  approved  by  a
 majority  of  all  votes  cast for and against it at such election. Upon
 such approval, this act shall take effect immediately.  Effective  imme-
 diately,  the  addition,  amendment,  and/or repeal of any rule or regu-
 lation necessary for the implementation of  the  foregoing  sections  of
 this  act  are  authorized  and  directed to be made and completed on or
 before such effective date.
 
                                  PART SS
 
   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 32 to read as follows:
                                 TITLE 32
                            PRODUCT STEWARDSHIP
 SECTION 27-3201. DEFINITIONS.
         27-3203. STEWARDSHIP ORGANIZATION RESPONSIBILITIES.
         27-3205. PRODUCER RESPONSIBILITIES.
         27-3207. RETAILER AND DISTRIBUTOR RESPONSIBILITIES.
         27-3209. DEPARTMENT RESPONSIBILITIES.
         27-3211. RULES AND REGULATIONS.
         27-3213. ENFORCEMENT AND PENALTIES.
         27-3215. STATE PREEMPTION.
         27-3217. REPORT AND CRITERIA FOR IDENTIFYING ADDITIONAL  COVERED
                    PRODUCTS OR PRODUCT CATEGORIES.
         27-3219. SEVERABILITY.
 § 27-3201. DEFINITIONS.
   AS USED IN THIS TITLE:
   1.  "BRAND"  MEANS  A  NAME, SYMBOL, WORD, OR MARK THAT ATTRIBUTES THE
 PRODUCT TO THE OWNER OR LICENSEE OF THE BRAND AS THE PRODUCER.
   2. "CARPET" MEANS A MANUFACTURED ARTICLE THAT IS (I) USED  IN  COMMER-
 CIAL  BUILDINGS  OR  SINGLE  OR  MULTIFAMILY RESIDENTIAL BUILDINGS, (II)
 AFFIXED OR PLACED ON THE FLOOR OR BUILDING WALKING SURFACE AS A  DECORA-
 TIVE  OR  FUNCTIONAL  BUILDING  INTERIOR  OR EXTERIOR FEATURE, AND (III)
 PRIMARILY CONSTRUCTED OF A TOP SURFACE  OF  SYNTHETIC  OR  NATURAL  FACE

 S. 7508--A                         157                        A. 9508--A
 
 FIBERS  OR YARNS OR TUFTS ATTACHED TO A BACKING SYSTEM MADE OF SYNTHETIC
 OR NATURAL MATERIALS.   "CARPET" INCLUDES, BUT  IS  NOT  LIMITED  TO,  A
 COMMERCIAL  OR  RESIDENTIAL  BROADLOOM CARPET, MODULAR CARPET TILES, AND
 ARTIFICIAL  TURF, PAD OR UNDERLAYMENT USED IN CONJUNCTION WITH A CARPET.
 "CARPET" DOES NOT INCLUDE HANDMADE RUGS, AREA RUGS, OR MATS.
   3. "COLLECTION SITE" MEANS A PERMANENT LOCATION IN THE STATE AT  WHICH
 DISCARDED COVERED PRODUCTS MAY BE RETURNED BY A CONSUMER.
   4. "CONSUMER" MEANS A PERSON LOCATED IN THE STATE WHO PURCHASES, OWNS,
 LEASES,  OR USES COVERED PRODUCTS, INCLUDING BUT NOT LIMITED TO AN INDI-
 VIDUAL, A BUSINESS,  CORPORATION,  LIMITED  PARTNERSHIP,  NOT-FOR-PROFIT
 CORPORATION,  THE  STATE,  A  PUBLIC  CORPORATION, PUBLIC SCHOOL, SCHOOL
 DISTRICT, PRIVATE OR PAROCHIAL SCHOOL OR  BOARD  OF  COOPERATIVE  EDUCA-
 TIONAL SERVICES OR GOVERNMENTAL ENTITY.
   5. "COVERED PRODUCT" MEANS CARPETS OR MATTRESSES.
   6.  "DISCARDED  COVERED  PRODUCT"  MEANS  COVERED PRODUCTS THAT ARE NO
 LONGER USED FOR ITS MANUFACTURED PURPOSE.
   7. "DISTRIBUTOR" OR "WHOLESALER" MEANS A PERSON WHO BUYS OR  OTHERWISE
 ACQUIRES  COVERED  PRODUCTS  FROM  ANOTHER SOURCE AND SELLS OR OFFERS TO
 SELL A COVERED PRODUCT TO RETAILERS IN THIS STATE.
   8. "ENERGY RECOVERY" MEANS THE PROCESS BY WHICH ALL OR  A  PORTION  OF
 SOLID WASTE MATERIALS ARE PROCESSED OR COMBUSTED IN ORDER TO UTILIZE THE
 HEAT  CONTENT  OR  OTHER  FORMS  OF ENERGY DERIVED FROM SUCH SOLID WASTE
 MATERIALS.
   9. "MATTRESS" MEANS ANY RESILIENT MATERIAL, OR COMBINATION OF  MATERI-
 ALS, THAT IS DESIGNED TO BE USED AS A BED. MATTRESS SHALL NOT INCLUDE:
   A.  AN  UNATTACHED MATTRESS PAD OR MATTRESS TOPPER THAT IS INTENDED TO
 BE USED WITH, OR ON TOP OF A MATTRESS;
   B. A CRIB OR BASSINET MATTRESS OR CAR BED;
   C. JUVENILE PRODUCTS, INCLUDING: A CARRIAGE, BASKET,  DRESSING  TABLE,
 STROLLER, PLAYPEN, INFANT CARRIER, LOUNGE PAD, CRIB BUMPER, AND THE PADS
 FOR THOSE JUVENILE PRODUCTS;
   D. A WATER BED OR AIR MATTRESS; OR
   E. A FOLD-OUT SOFA BED OR FUTON.
   10.  "PRODUCER"  MEANS  ANY  PERSON  WHO  MANUFACTURES  OR RENOVATES A
 COVERED PRODUCT THAT IS SOLD, OFFERED FOR SALE, OR  DISTRIBUTED  IN  THE
 STATE UNDER THE MANUFACTURER'S OWN NAME OR BRAND. "PRODUCER" INCLUDES:
   A.  THE OWNER OF A TRADEMARK OR BRAND UNDER WHICH A COVERED PRODUCT IS
 SOLD, OFFERED FOR SALE, OR DISTRIBUTED IN THIS  STATE,  WHETHER  OR  NOT
 SUCH TRADEMARK OR BRAND IS REGISTERED IN THE STATE; AND
   B.  ANY  PERSON  WHO  IMPORTS A COVERED PRODUCT INTO THE UNITED STATES
 THAT IS SOLD OR OFFERED FOR SALE IN THE STATE AND THAT  IS  MANUFACTURED
 BY A PERSON WHO DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
   11.  "PRODUCT"  MEANS  AN  ITEM  SOLD  WITHIN THE STATE THAT IS DEEMED
 ELIGIBLE BY THE DEPARTMENT FOR INCLUSION IN THIS CHAPTER  AS  A  COVERED
 PRODUCT.
   12. "PRODUCT CATEGORY" MEANS A GROUP OF SIMILAR PRODUCTS.
   13. "PROPRIETARY INFORMATION" MEANS INFORMATION THAT IS A TRADE SECRET
 OR IS PRODUCTION, COMMERCIAL OR FINANCIAL INFORMATION, THAT IF DISCLOSED
 WOULD  IMPAIR  THE  COMPETITIVE POSITION OF THE SUBMITTER AND WOULD MAKE
 AVAILABLE INFORMATION NOT OTHERWISE PUBLICLY AVAILABLE.
   14. "RECYCLING" MEANS TO SEPARATE, DISMANTLE OR PROCESS THE MATERIALS,
 COMPONENTS OR COMMODITIES CONTAINED IN COVERED PRODUCTS FOR THE  PURPOSE
 OF  PREPARING  THE MATERIALS, COMPONENTS OR COMMODITIES FOR USE OR REUSE
 IN NEW PRODUCTS OR  COMPONENTS.  "RECYCLING"  DOES  NOT  INCLUDE  ENERGY
 RECOVERY  OR  ENERGY  GENERATION  BY  MEANS  OF  COMBUSTION, OR LANDFILL

 S. 7508--A                         158                        A. 9508--A
 
 DISPOSAL OF DISCARDED COVERED PRODUCTS OR  DISCARDED  PRODUCT  COMPONENT
 MATERIALS.
   15.  "RECYCLING  RATE"  MEANS  THE  PERCENTAGE  OF  DISCARDED  COVERED
 PRODUCTS THAT IS MANAGED THROUGH RECYCLING OR REUSE, AS DEFINED BY  THIS
 TITLE,  AND  IS  COMPUTED  BY  DIVIDING  THE AMOUNT OF DISCARDED COVERED
 PRODUCTS COLLECTED AND  RECYCLED  OR  REUSED  BY  THE  TOTAL  AMOUNT  OF
 DISCARDED COVERED PRODUCTS COLLECTED OVER A PROGRAM YEAR.
   16. "RETAILER" MEANS ANY PERSON WHO SELLS OR OFFERS FOR SALE A COVERED
 PRODUCT TO A CONSUMER IN THE STATE.
   17. "REUSE" MEANS DONATING OR SELLING A DISCARDED COVERED PRODUCT BACK
 INTO  THE  MARKET  FOR  ITS  ORIGINAL  INTENDED  USE, WHEN THE DISCARDED
 COVERED PRODUCT RETAINS ITS ORIGINAL PERFORMANCE CHARACTERISTICS AND CAN
 BE USED FOR ITS ORIGINAL PURPOSE.
   18. "SALE" OR "SELL" MEANS A TRANSFER OF TITLE TO  A  COVERED  PRODUCT
 FOR  CONSIDERATION,  INCLUDING  A  REMOTE SALE CONDUCTED THROUGH A SALES
 OUTLET, CATALOG, WEBSITE, OR SIMILAR ELECTRONIC MEANS. "SALE" OR  "SELL"
 INCLUDES  A  LEASE  THROUGH  WHICH  A  COVERED  PRODUCT IS PROVIDED TO A
 CONSUMER BY A PRODUCER, DISTRIBUTOR, OR RETAILER.
   19. "STEWARDSHIP ORGANIZATION" MEANS A NONPROFIT  ENTITY  REPRESENTING
 COVERED  PRODUCT  PRODUCERS, OR OTHER DESIGNATED REPRESENTATIVES WHO ARE
 COOPERATING WITH ONE ANOTHER, TO COLLECTIVELY ESTABLISH  AND  OPERATE  A
 STEWARDSHIP PROGRAM FOR THE PURPOSE OF COMPLYING WITH THIS TITLE.
   20.  "STEWARDSHIP PROGRAM" MEANS A PROGRAM FINANCED AND IMPLEMENTED BY
 PRODUCERS, EITHER  INDIVIDUALLY,  OR  COLLECTIVELY  THROUGH  A  PRODUCER
 RESPONSIBILITY  ORGANIZATION,  THAT PROVIDES FOR, BUT IS NOT LIMITED TO,
 THE COLLECTION, TRANSPORTATION, REUSE, RECYCLING  OR  PROPER  MANAGEMENT
 THROUGH  COMBUSTION  OR DISPOSAL, OR AN APPROPRIATE COMBINATION THEREOF,
 OF UNWANTED PRODUCTS.
 § 27-3203. STEWARDSHIP ORGANIZATION RESPONSIBILITIES.
   1. A STEWARDSHIP ORGANIZATION SHALL BE CREATED AND FINANCED,  INDIVID-
 UALLY  OR  COLLECTIVELY, BY CARPET PRODUCERS, AND A MATTRESS STEWARDSHIP
 ORGANIZATION SHALL BE CREATED AND FINANCED BY MATTRESS PRODUCERS,  INDI-
 VIDUALLY  OR  COLLECTIVELY, TO ADMINISTER STEWARDSHIP PROGRAMS ON BEHALF
 OF THOSE RESPECTIVE PRODUCERS.
   2. ON OR BEFORE JULY FIRST, TWO  THOUSAND  TWENTY-ONE,  A  STEWARDSHIP
 ORGANIZATION  REPRESENTING THE PRODUCER OF A COVERED PRODUCT MUST SUBMIT
 A STEWARDSHIP PLAN TO THE DEPARTMENT  ON  BEHALF  OF  THE  PRODUCER  AND
 RECEIVE APPROVAL OF THE PLAN.
   3.  A  STEWARDSHIP  ORGANIZATION  OPERATING A STEWARDSHIP PROGRAM MUST
 UPDATE THE STEWARDSHIP PLAN EVERY THREE YEARS, AT A MINIMUM, AND  SUBMIT
 THE UPDATED PLAN TO THE DEPARTMENT FOR REVIEW AND APPROVAL.
   4.  THE  STEWARDSHIP  ORGANIZATION  MUST  NOTIFY THE DEPARTMENT WITHIN
 THIRTY DAYS OF ANY SIGNIFICANT CHANGES OR MODIFICATIONS TO THE  PLAN  OR
 ITS  IMPLEMENTATION.  WITHIN  THIRTY  DAYS OF THE NOTIFICATION A WRITTEN
 PLAN AMENDMENT MUST BE  SUBMITTED  TO  THE  DEPARTMENT  FOR  REVIEW  AND
 APPROVAL.
   5. THE STEWARDSHIP PLAN SHALL INCLUDE, AT A MINIMUM:
   A.   CERTIFICATION  THAT  THE  STEWARDSHIP  PROGRAM  WILL  ACCEPT  FOR
 COLLECTION ALL DISCARDED COVERED PRODUCTS;
   B. CONTACT INFORMATION FOR EACH INDIVIDUAL REPRESENTING  THE  STEWARD-
 SHIP ORGANIZATION, INCLUDING THE ADDRESS OF THE STEWARDSHIP ORGANIZATION
 WHERE  THE  DEPARTMENT  WILL  SEND  ANY NOTIFICATIONS AND FOR SERVICE OF
 PROCESS, DESIGNATION OF A PROGRAM MANAGER RESPONSIBLE FOR  ADMINISTERING
 THE  PROGRAM,  A  LIST OF ALL PRODUCERS PARTICIPATING IN THE STEWARDSHIP
 PROGRAM, AND  CONTACT  INFORMATION  FOR  EACH  PRODUCER,  INCLUDING  THE

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 ADDRESS  FOR  SERVICE  OF PROCESS, AND THE BRANDS COVERED BY THE PRODUCT
 STEWARDSHIP PROGRAM;
   C.  A  DESCRIPTION  OF THE METHODS BY WHICH DISCARDED COVERED PRODUCTS
 WILL BE COLLECTED WITH NO CHARGE TO ANY PERSON;
   D. AN EXPLANATION OF HOW THE  STEWARDSHIP  PROGRAM  WILL,  BY  JANUARY
 FIRST,  TWO  THOUSAND  TWENTY-TWO  OR  SIX MONTHS AFTER STEWARDSHIP PLAN
 APPROVAL, ACHIEVE, AT A MINIMUM, A CONVENIENCE  STANDARD  OF  HAVING  AT
 LEAST  ONE COLLECTION SITE IN EACH COUNTY OF THE STATE, AND AT LEAST ONE
 ADDITIONAL COLLECTION SITE FOR EVERY FIFTY THOUSAND RESIDENTS LOCATED IN
 A MUNICIPALITY, THAT ACCEPTS  COVERED  PRODUCTS  FROM  CONSUMERS  DURING
 NORMAL  BUSINESS  HOURS;  HOWEVER, WITH RESPECT TO A CITY HAVING A POPU-
 LATION OF ONE MILLION OR MORE, AFTER CONSULTATION WITH  THE  APPROPRIATE
 LOCAL  OR  REGIONAL  ENTITY  RESPONSIBLE FOR THE COLLECTION OF SOLID AND
 HAZARDOUS WASTE, THE DEPARTMENT MAY OTHERWISE ESTABLISH  AN  ALTERNATIVE
 CONVENIENCE  STANDARD.    CONVENIENCE STANDARDS WILL BE EVALUATED BY THE
 DEPARTMENT  PERIODICALLY  AND  THE  DEPARTMENT  MAY  REQUIRE  ADDITIONAL
 COLLECTION LOCATIONS TO ENSURE ADEQUATE CONSUMER CONVENIENCE;
   E.  A  DESCRIPTION OF HOW THE EFFECTIVENESS OF THE STEWARDSHIP PROGRAM
 WILL BE MONITORED, EVALUATED, AND MAINTAINED;
   F. THE NAMES AND LOCATIONS  OF  COLLECTION  SITES,  TRANSPORTERS,  AND
 PROCESSORS WHO WILL MANAGE DISCARDED COVERED PRODUCTS;
   G.  A DESCRIPTION OF HOW THE DISCARDED COVERED PRODUCTS WILL BE SAFELY
 AND SECURELY TRANSPORTED, TRACKED, AND HANDLED FROM  COLLECTION  THROUGH
 FINAL RECYCLING AND PROCESSING;
   H.  A  DESCRIPTION  OF  THE  METHODS  TO  BE  USED TO REUSE OR RECYCLE
 DISCARDED COVERED PRODUCTS TO ENSURE THAT THE COMPONENTS, TO THE  EXTENT
 FEASIBLE,  ARE  TRANSFORMED OR REMANUFACTURED INTO FINISHED PRODUCTS FOR
 USE;
   I. A DESCRIPTION OF THE METHODS TO BE USED TO  MANAGE  OR  DISPOSE  OF
 DISCARDED COVERED PRODUCTS THAT CANNOT BE RECYCLED OR REUSED;
   J.  A  DESCRIPTION OF THE OUTREACH AND EDUCATIONAL MATERIALS THAT MUST
 BE PROVIDED TO CONSUMERS, RETAILERS, COLLECTION SITES, AND  TRANSPORTERS
 OF  DISCARDED  COVERED PRODUCTS, AND HOW SUCH OUTREACH WILL BE EVALUATED
 FOR EFFECTIVENESS;
   K. AN UP-TO-DATE STEWARDSHIP ORGANIZATION WEBSITE AND TOLL-FREE  TELE-
 PHONE  NUMBER THROUGH WHICH A CONSUMER CAN EASILY LEARN HOW AND WHERE TO
 RECYCLE THEIR DISCARDED COVERED PRODUCTS;
   L. AN ANNUAL  PERFORMANCE  GOAL,  AS  DETERMINED  BY  THE  DEPARTMENT,
 INCLUDING  AN  ESTIMATE  OF THE PERCENTAGE OF DISCARDED COVERED PRODUCTS
 THAT WILL BE COLLECTED, REUSED, AND RECYCLED DURING EACH  YEAR  FOR  THE
 NEXT THREE YEARS OF THE STEWARDSHIP PLAN;
   M.  AN  EVALUATION  OF THE STATUS OF END MARKETS FOR DISCARDED COVERED
 PRODUCTS AND WHAT, IF ANY, ADDITIONAL END MARKETS ARE NEEDED TO  IMPROVE
 THE FUNCTIONING OF THE PROGRAMS; AND
   N.  A  FUNDING MECHANISM THAT DEMONSTRATES SUFFICIENT FUNDING TO CARRY
 OUT THE PLAN, INCLUDING THE  ADMINISTRATIVE,  OPERATIONAL,  AND  CAPITAL
 COSTS OF THE PLAN.
   6. BY JULY FIRST, TWO THOUSAND TWENTY-THREE, AND BY JULY FIRST OF EACH
 YEAR  THEREAFTER,  THE STEWARDSHIP ORGANIZATION SHALL SUBMIT A REPORT TO
 THE  DEPARTMENT  THAT  INCLUDES,  FOR  THE  PREVIOUS  PROGRAM  YEAR,   A
 DESCRIPTION  OF  THE STEWARDSHIP PROGRAM, INCLUDING, BUT NOT LIMITED TO,
 THE FOLLOWING:
   A. A DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT, AND  PROC-
 ESS DISCARDED COVERED PRODUCTS IN REGIONS OF THE STATE;
   B. IDENTIFICATION OF ALL COLLECTION SITES IN THE STATE;

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   C.  THE  WEIGHT OF ALL DISCARDED COVERED PRODUCTS COLLECTED AND REUSED
 OR RECYCLED IN ALL REGIONS OF THE STATE;
   D.  AN EVALUATION OF WHETHER THE PERFORMANCE GOALS AND RECYCLING RATES
 ESTABLISHED IN THE STEWARDSHIP PLAN HAVE BEEN ACHIEVED;
   E. AN ESTIMATED WEIGHT OF DISCARDED COVERED PRODUCTS AND ANY COMPONENT
 MATERIALS THAT WERE COLLECTED PURSUANT TO THE STEWARDSHIP PLAN, BUT  NOT
 RECYCLED; AND
   F.  ANY  OTHER  INFORMATION  REQUIRED BY REGULATION PROMULGATED BY THE
 DEPARTMENT.
   7. A STEWARDSHIP ORGANIZATION SHALL PAY THE DEPARTMENT, THE  FOLLOWING
 FEES,  WHICH  SHALL  BE ADEQUATE TO COVER THE DEPARTMENT'S FULL COSTS OF
 ADMINISTERING AND ENFORCING THE STEWARDSHIP PROGRAM AND SHALL NOT EXCEED
 THE AMOUNT NECESSARY TO RECOVER COSTS  INCURRED  BY  THE  DEPARTMENT  IN
 CONNECTION  WITH  THE ADMINISTRATION AND ENFORCEMENT OF THE REQUIREMENTS
 OF THIS TITLE:
   A. AN ANNUAL ADMINISTRATIVE FEE TO BE ESTABLISHED BY THE DEPARTMENT IN
 REGULATIONS; AND
   B. A ONE-TIME FEE OF FIVE THOUSAND DOLLARS  FOR  A  PLAN  COVERING  AN
 INDIVIDUAL  PRODUCER,  OR  TEN THOUSAND DOLLARS FOR A PLAN FOR PRODUCERS
 ACTING COLLECTIVELY, UPON SUBMISSION OF AN INITIAL STEWARDSHIP PLAN.
 § 27-3205. PRODUCER RESPONSIBILITIES.
   1. BY JANUARY FIRST, TWO THOUSAND  TWENTY-TWO,  EACH  PRODUCER  SHALL,
 INDIVIDUALLY OR COLLECTIVELY, THROUGH A STEWARDSHIP ORGANIZATION, IMPLE-
 MENT AND FINANCE A STATEWIDE STEWARDSHIP PROGRAM THAT:
   A. MANAGES COVERED PRODUCTS BY REDUCING ITS WASTE GENERATION;
   B.  PROMOTES COVERED PRODUCT RECYCLING AND REUSE OR MATTRESS RECYCLING
 AND REUSE; AND
   C. PROVIDES FOR NEGOTIATION AND EXECUTION OF  AGREEMENTS  TO  COLLECT,
 TRANSPORT, PROCESS, AND MARKET THE PRODUCER'S DISCARDED COVERED PRODUCTS
 FOR END-OF-LIFE RECYCLING, REUSE, OR DISPOSAL.
   2.  NO  PRODUCER  MAY  SELL  OR OFFER FOR SALE COVERED PRODUCTS IN THE
 STATE UNLESS THE PRODUCER IS PART  OF  A  STEWARDSHIP  ORGANIZATION,  OR
 INDIVIDUALLY,  OPERATES  A  STEWARDSHIP  PROGRAM  IN COMPLIANCE WITH THE
 PROVISIONS OF THIS TITLE.
   3. THE STEWARDSHIP PROGRAM MUST BE FREE TO  THE  CONSUMER,  CONVENIENT
 AND ADEQUATE TO SERVE THE NEEDS OF BUSINESSES AND RESIDENTS IN ALL AREAS
 OF THE STATE ON AN ONGOING BASIS.
 § 27-3207. RETAILER AND DISTRIBUTOR RESPONSIBILITIES.
   1.  BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-THREE, NO RETAILER OR
 DISTRIBUTOR MAY SELL OR OFFER FOR SALE COVERED  PRODUCTS  IN  THE  STATE
 UNLESS  THE  PRODUCER  OF  SUCH  COVERED  PRODUCT  IS PARTICIPATING IN A
 STEWARDSHIP PROGRAM.
   2. ANY RETAILER OR DISTRIBUTOR MAY PARTICIPATE, ON A VOLUNTARY  BASIS,
 AS  A  DESIGNATED  COLLECTION  POINT  PURSUANT  TO A PRODUCT STEWARDSHIP
 PROGRAM AND IN ACCORDANCE WITH APPLICABLE LAW.
   3. NO RETAILER OR DISTRIBUTOR SHALL BE FOUND TO  BE  IN  VIOLATION  OF
 THIS  SECTION IF, ON THE DATE THE COVERED PRODUCTS WERE ORDERED FROM THE
 PRODUCER OR ITS AGENT, THE PRODUCER WAS LISTED AS  COMPLIANT  WITH  THIS
 TITLE ON THE DEPARTMENT'S WEBSITE.
 § 27-3209. DEPARTMENT RESPONSIBILITIES.
   1.  UPON STEWARDSHIP PLAN APPROVAL, THE DEPARTMENT SHALL POST INFORMA-
 TION ON ITS WEBSITE ABOUT THE STEWARDSHIP ORGANIZATIONS AND ITS  PARTIC-
 IPATING PRODUCERS WHO ARE IN COMPLIANCE WITH THIS TITLE.
   2.  BEGINNING  JANUARY  FIRST, TWO THOUSAND TWENTY-TWO, THE DEPARTMENT
 SHALL POST ON ITS WEBSITE THE LOCATION OF ALL COLLECTION  SITES  IDENTI-

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 FIED  TO THE DEPARTMENT BY THE STEWARDSHIP ORGANIZATION IN ITS PLANS AND
 ANNUAL REPORTS.
   3.  THE  DEPARTMENT  SHALL  POST  ON ITS WEBSITE EACH STEWARDSHIP PLAN
 APPROVED BY THE DEPARTMENT.
   4. WITHIN SIXTY DAYS AFTER RECEIPT OF A PROPOSED STEWARDSHIP  PLAN  OR
 PLAN  AMENDMENT,  THE DEPARTMENT SHALL APPROVE OR REJECT THE PLAN OR THE
 PLAN AMENDMENT.  IF THE PLAN OR PLAN AMENDMENT IS APPROVED, THE  DEPART-
 MENT  SHALL  NOTIFY  THE  STEWARDSHIP  ORGANIZATION IN WRITING.   IF THE
 DEPARTMENT REJECTS THE PLAN OR  PLAN  AMENDMENT,  THE  DEPARTMENT  SHALL
 NOTIFY  THE  STEWARDSHIP  ORGANIZATION IN WRITING STATING THE REASON FOR
 REJECTING THE PLAN OR PLAN AMENDMENT. A STEWARDSHIP  ORGANIZATION  WHOSE
 PLAN  IS  REJECTED  MUST  SUBMIT A REVISED PLAN TO THE DEPARTMENT WITHIN
 THIRTY DAYS OF RECEIVING A NOTICE OF REJECTION.
   5. THE DEPARTMENT SHALL DEPOSIT THE FEES COLLECTED  PURSUANT  TO  THIS
 TITLE  INTO THE STEWARDSHIP ORGANIZATION FUND AS ESTABLISHED PURSUANT TO
 SECTION NINETY-TWO-JJ OF THE STATE FINANCE LAW.
 § 27-3211. RULES AND REGULATIONS.
   THE DEPARTMENT IS AUTHORIZED TO PROMULGATE ANY RULES  AND  REGULATIONS
 NECESSARY TO IMPLEMENT THIS TITLE.
 § 27-3213. ENFORCEMENT AND PENALTIES.
   1.  EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ANY PERSON OR ENTITY
 THAT VIOLATES ANY PROVISION OF OR FAILS  TO  PERFORM  ANY  DUTY  IMPOSED
 PURSUANT  TO  THIS  TITLE OR ANY RULE OR REGULATION PROMULGATED PURSUANT
 THERETO, OR ANY TERM OR CONDITION OF ANY REGISTRATION OR  PERMIT  ISSUED
 PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE COMMISSION-
 ER  MADE PURSUANT TO THIS ARTICLE OR ARTICLE SEVENTY-ONE OF THIS CHAPTER
 SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED FIVE  HUNDRED  DOLLARS
 FOR  EACH  VIOLATION  AND  AN  ADDITIONAL  PENALTY OF NOT MORE THAN FIVE
 HUNDRED DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES.
   2. ANY RETAILER OR DISTRIBUTOR WHO VIOLATES ANY PROVISION OF OR  FAILS
 TO  PERFORM ANY DUTY IMPOSED PURSUANT TO THIS TITLE OR ANY RULE OR REGU-
 LATION PROMULGATED PURSUANT THERETO, OR ANY TERM  OR  CONDITION  OF  ANY
 REGISTRATION  OR  PERMIT  ISSUED PURSUANT THERETO, OR ANY FINAL DETERMI-
 NATION OR ORDER OF THE COMMISSIONER MADE PURSUANT  TO  THIS  ARTICLE  OR
 ARTICLE  SEVENTY-ONE OF THIS CHAPTER SHALL BE LIABLE FOR A CIVIL PENALTY
 NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH VIOLATION AND AN  ADDITIONAL
 PENALTY  OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH DAY DURING WHICH
 SUCH VIOLATION CONTINUES.
   3. A. ANY  PRODUCER  OR  STEWARDSHIP  ORGANIZATION  WHO  VIOLATES  ANY
 PROVISION OF OR FAILS TO PERFORM ANY DUTY IMPOSED PURSUANT TO THIS TITLE
 OR  ANY  RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY TERM OR
 CONDITION OF ANY REGISTRATION OR PERMIT ISSUED PURSUANT THERETO, OR  ANY
 FINAL  DETERMINATION  OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS
 ARTICLE OR ARTICLE SEVENTY-ONE OF THIS CHAPTER SHALL  BE  LIABLE  FOR  A
 CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS FOR EACH VIOLATION AND
 AN ADDITIONAL PENALTY OF NOT MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS
 FOR  EACH  DAY  DURING  WHICH  SUCH  VIOLATION  CONTINUES.  FOR A SECOND
 VIOLATION COMMITTED WITHIN TWELVE  MONTHS  OF  A  PRIOR  VIOLATION,  THE
 PRODUCER OR STEWARDSHIP ORGANIZATION SHALL BE LIABLE FOR A CIVIL PENALTY
 NOT TO EXCEED TEN THOUSAND DOLLARS AND AN ADDITIONAL PENALTY OF NOT MORE
 THAN  THREE  THOUSAND  DOLLARS  FOR EACH DAY DURING WHICH SUCH VIOLATION
 CONTINUES. FOR A THIRD OR SUBSEQUENT VIOLATION COMMITTED  WITHIN  TWELVE
 MONTHS  OF ANY PRIOR VIOLATION, THE PRODUCER OR STEWARDSHIP ORGANIZATION
 SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT  TO  EXCEED  TWENTY  THOUSAND
 DOLLARS  AND  AN ADDITIONAL PENALTY OF SIX THOUSAND DOLLARS FOR EACH DAY
 DURING WHICH SUCH VIOLATION CONTINUES.

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   B. ALL PRODUCERS PARTICIPATING IN A STEWARDSHIP ORGANIZATION SHALL  BE
 JOINTLY  AND  SEVERALLY  LIABLE  FOR  ANY PENALTIES ASSESSED AGAINST THE
 STEWARDSHIP ORGANIZATION PURSUANT TO THIS TITLE AND ARTICLE  SEVENTY-ONE
 OF THIS CHAPTER.
   4. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE DEPART-
 MENT  AFTER  AN  OPPORTUNITY  TO  BE HEARD PURSUANT TO THE PROVISIONS OF
 SECTION 71-1709 OF THIS CHAPTER, OR  BY  THE  COURT  IN  ANY  ACTION  OR
 PROCEEDING  PURSUANT TO SECTION 71-2727 OF THIS CHAPTER, AND IN ADDITION
 THERETO, SUCH PERSON OR ENTITY MAY BY SIMILAR PROCESS BE  ENJOINED  FROM
 CONTINUING SUCH VIOLATION AND ANY PERMIT, REGISTRATION OR OTHER APPROVAL
 ISSUED  BY  THE  DEPARTMENT  MAY  BE  REVOKED  OR SUSPENDED OR A PENDING
 RENEWAL DENIED.
   5. THE DEPARTMENT AND THE ATTORNEY GENERAL ARE  HEREBY  AUTHORIZED  TO
 ENFORCE  THE  PROVISIONS OF THIS TITLE AND ALL MONIES COLLECTED SHALL BE
 DEPOSITED TO THE CREDIT OF THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED
 PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
 § 27-3215. STATE PREEMPTION.
   JURISDICTION IN ALL MATTERS PERTAINING TO COVERED  PRODUCTS  RECYCLING
 IS, BY THIS TITLE, VESTED EXCLUSIVELY IN THE STATE. ANY PROVISION OF ANY
 LOCAL  LAW  OR ORDINANCE, OR ANY RULE OR REGULATION PROMULGATED THERETO,
 GOVERNING COVERED PRODUCT RECYCLING SHALL, UPON THE  EFFECTIVE  DATE  OF
 THIS TITLE, BE PREEMPTED; PROVIDED HOWEVER, THAT NOTHING IN THIS SECTION
 SHALL  PRECLUDE  A PERSON FROM COORDINATING, FOR RECYCLING OR REUSE, THE
 COLLECTION OF COVERED PRODUCTS.
 § 27-3217. REPORT  AND  CRITERIA  FOR  IDENTIFYING  ADDITIONAL   COVERED
              PRODUCTS OR PRODUCT CATEGORIES.
   1.  THE  DEPARTMENT  SHALL BY NOVEMBER FIRST, TWO THOUSAND TWENTY-TWO,
 AND BIANNUALLY THEREAFTER, PUBLISH:
   A. A REVIEW AND EVALUATION OF THE PERFORMANCE OF EXISTING  STEWARDSHIP
 PROGRAMS IN THE STATE;
   B. LEGISLATIVE RECOMMENDATIONS THE DEPARTMENT WOULD PROPOSE TO IMPROVE
 EXISTING STEWARDSHIP PROGRAMS; AND
   C.  RECOMMENDATIONS  FOR  ESTABLISHING  NEW  STEWARDSHIP PROGRAMS. THE
 DEPARTMENT MAY IDENTIFY A PRODUCT OR PRODUCT CATEGORY AS A CANDIDATE FOR
 A STEWARDSHIP PROGRAM IF IT IS DETERMINED AFTER EVALUATION  OF  EACH  OF
 THE FOLLOWING THAT:
   (I)  A  STEWARDSHIP  PROGRAM  FOR THE PRODUCT OR PRODUCT CATEGORY WILL
 INCREASE THE RECOVERY OF MATERIALS FOR REUSE AND  RECYCLING  AND  REDUCE
 THE NEED FOR USE OF VIRGIN MATERIALS;
   (II)  A  STEWARDSHIP  PROGRAM FOR THE PRODUCT OR PRODUCT CATEGORY WILL
 REDUCE THE COSTS OF WASTE MANAGEMENT TO LOCAL GOVERNMENTS AND TAXPAYERS;
   (III) A STEWARDSHIP PROGRAM FOR THE PRODUCT OR PRODUCT  CATEGORY  WILL
 ENHANCE ENERGY CONSERVATION OR MITIGATE CLIMATE CHANGE IMPACTS;
   (IV) A STEWARDSHIP PROGRAM FOR THE PRODUCT OR PRODUCT CATEGORY WILL BE
 BENEFICIAL  FOR EXISTING AND NEW BUSINESSES AND INFRASTRUCTURE TO MANAGE
 THE PRODUCTS AND LEAD TO THE DEVELOPMENT OF NEW  INDUSTRIES  TO  UTILIZE
 THE RECOVERED MATERIALS;
   (V) THERE EXISTS PUBLIC DEMAND FOR A STEWARDSHIP PROGRAM FOR THE PROD-
 UCT OR PRODUCT CATEGORY;
   (VI)  THERE  IS  SUCCESS IN COLLECTING AND PROCESSING SIMILAR TYPES OF
 PRODUCTS IN PROGRAMS IN OTHER STATES OR COUNTRIES; OR
   (VII) EXISTING VOLUNTARY STEWARDSHIP PROGRAMS FOR THE PRODUCT OR PROD-
 UCT CATEGORY IN THE STATE ARE NOT EFFECTIVE IN ACHIEVING THE  POLICY  OF
 THIS CHAPTER.
   2.  AT  LEAST  THIRTY  DAYS PRIOR TO PUBLISHING THE REPORT PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION THE DEPARTMENT SHALL POST THE REPORT  ON

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 ITS PUBLICLY ACCESSIBLE WEBSITE. WITHIN THAT PERIOD, A PERSON MAY SUBMIT
 TO THE DEPARTMENT WRITTEN COMMENTS REGARDING THE REPORT.
 § 27-3219. SEVERABILITY.
   THE  PROVISIONS  OF  THIS  TITLE SHALL BE SEVERABLE AND IF ANY PHRASE,
 CLAUSE, SENTENCE OR PROVISION OF THIS TITLE, OR THE APPLICABILITY THERE-
 OF TO ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF
 THIS TITLE AND THE APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY.
   § 2. The state finance law is amended by adding a new section 92-jj to
 read as follows:
   § 92-JJ. STEWARDSHIP ORGANIZATION FUND. 1. THERE IS HEREBY ESTABLISHED
 IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND  THE  COMMISSIONER  OF
 THE DEPARTMENT OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
 "STEWARDSHIP ORGANIZATION FUND".
   2.  THE  STEWARDSHIP  ORGANIZATION  FUND  SHALL CONSIST OF ALL REVENUE
 COLLECTED FROM FEES PURSUANT TO TITLE THIRTY-TWO OF ARTICLE TWENTY-SEVEN
 OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY COST RECOVERIES  OR  OTHER
 REVENUES  COLLECTED PURSUANT TO TITLE THIRTY-TWO OF ARTICLE TWENTY-SEVEN
 OF THE ENVIRONMENTAL CONSERVATION LAW, AND ANY  OTHER  MONIES  DEPOSITED
 INTO THE FUND PURSUANT TO LAW.
   3.  MONEYS  OF  THE  FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
 SHALL BE USED FOR EXECUTION OF STEWARDSHIP ORGANIZATION PROGRAM ADMINIS-
 TRATION PURSUANT TO TITLE THIRTY-TWO  OF  ARTICLE  TWENTY-SEVEN  OF  THE
 ENVIRONMENTAL  CONSERVATION  LAW,  AND  EXPENDED FOR THE PURPOSES AS SET
 FORTH IN TITLE THIRTY-TWO OF ARTICLE TWENTY-SEVEN OF  THE  ENVIRONMENTAL
 CONSERVATION LAW.
   § 3. This act shall take effect immediately.
 
                                  PART TT
 
   Section 1. The opening paragraph of subdivision 1 and subdivision 2 of
 section  24-0107  of  the  environmental conservation law, as amended by
 chapter 654 of the laws of 1977, are amended to read as follows:
   "Freshwater wetlands" means lands and waters of the state [as shown on
 the freshwater wetlands map which] THAT HAVE AN AREA OF AT LEAST  TWELVE
 AND  FOUR-TENTHS  ACRES  IN SIZE, OR IF LESS THAN TWELVE AND FOUR-TENTHS
 ACRES ARE OF UNUSUAL IMPORTANCE; AND contain any or all of  the  follow-
 ing:
   2.  "Freshwater wetlands map" shall mean a map [promulgated] DEVELOPED
 by the department pursuant to section 24-0301 of this article  on  which
 are indicated the boundaries of any freshwater wetlands. THESE MAPS WILL
 SERVE THE PURPOSE OF EDUCATING THE PUBLIC ON THE APPROXIMATE LOCATION OF
 WETLANDS.    THESE  MAPS  ARE  FOR EDUCATIONAL PURPOSES ONLY AND ARE NOT
 CONTROLLING FOR PURPOSES OF DETERMINING IF A WETLANDS PERMIT IS REQUIRED
 PURSUANT TO SECTION 24-0701 OF THIS ARTICLE.
   § 2. Subdivisions 1, 2, 3, 4 and 5 of section 24-0301 of the  environ-
 mental conservation law are REPEALED.
   §  3.  Subdivisions 6, 7 and 8 of section 24-0301 of the environmental
 conservation law, subdivision 6 as amended by chapter 16 of the laws  of
 2010  and subdivision 7 as amended and subdivision 8 as added by chapter
 654 of the laws of 1977, are amended to read as follows:
   [6.] 1. Except as  provided  in  subdivision  [eight]  THREE  of  this
 section, the commissioner shall supervise the maintenance of [such boun-
 dary]  FRESHWATER  WETLANDS maps, which shall be available to the public
 [for inspection and examination at the regional office of the department
 in which the wetlands are wholly or partly located and in the office  of
 the clerk of each county in which each such wetland or a portion thereof

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 is  located]  ON THE DEPARTMENT'S WEBSITE. The commissioner may readjust
 the map [thereafter to  clarify  the  boundaries  of  the  wetlands,  to
 correct  any  errors  on  the map, to effect any additions, deletions or
 technical changes on the map, and to reflect changes as have occurred as
 a  result of the granting of permits pursuant to section 24-0703 of this
 article, or natural changes which may  have  occurred  through  erosion,
 accretion,  or  otherwise. Notice of such readjustment shall be given in
 the same manner as set forth in subdivision five of this section for the
 promulgation of final freshwater wetlands maps. In addition, at the time
 notice is provided pursuant to subdivision five  of  this  section,  the
 commissioner  shall  update  any  digital image of the map posted on the
 department's website to reflect such readjustment] AT ANY TIME  TO  MORE
 ACCURATELY DEPICT THE APPROXIMATE LOCATION OF WETLANDS.
   [7.]  2.  Except  as  provided  in  subdivision  [eight] THREE of this
 section, the commissioner may, upon his own initiative, and shall,  upon
 a  written request by a landowner whose land or a portion thereof may be
 included within a wetland, or upon the written request of another person
 or persons or an official body whose interests are shown to be affected,
 cause to be delineated [more precisely] the boundary line or lines of  a
 freshwater  wetland or a portion thereof. [Such more precise delineation
 of a freshwater wetland boundary line or lines shall be  of  appropriate
 scale and sufficient clarity to permit the ready identification of indi-
 vidual buildings and of other major man-made structures or facilities or
 significant  geographical  features  with respect to the boundary of any
 freshwater wetland.] The commissioner shall undertake to  delineate  the
 boundary  of  a  particular wetland or wetlands, or a particular part of
 the boundary thereof only upon a showing by the  applicant  therefor  of
 good  cause for such [more precise] delineation and the establishment of
 such [more precise] line.
   [8.] 3. The supervision of the maintenance of any freshwater  wetlands
 map  or  portion  thereof  applicable  to wetlands within the Adirondack
 park, the readjustment and precise delineation of wetland boundary lines
 and the other functions and  duties  ascribed  to  the  commissioner  by
 subdivisions  [six  and  seven]  ONE  AND  TWO  of this section shall be
 performed by the Adirondack park agency,  which  shall  make  such  maps
 available [for public inspection and examination at its headquarters] ON
 THE AGENCY'S WEBSITE.
   §  4.  Subdivisions  1  and  4 of section 24-0701 of the environmental
 conservation law, subdivision 1 as amended by chapter 654 of the laws of
 1977 and subdivision 4 as amended by chapter 697 of the  laws  of  1979,
 are amended to read as follows:
   1.  [After  issuance  of  the  official freshwater wetlands map of the
 state, or of any selected section or region  thereof,  any]  ANY  person
 desiring  to  conduct  on freshwater wetlands [as so designated thereon]
 any of the regulated activities set forth in  subdivision  two  of  this
 section must obtain a permit as provided in this title.
   4.  [The] ON LANDS IN ACTIVE AGRICULTURAL USE, THE activities of farm-
 ers and other landowners  in  grazing  and  watering  livestock,  making
 reasonable  use  of  water resources, harvesting natural products of the
 wetlands, selectively cutting timber,  draining  land  or  wetlands  for
 growing  agricultural  products  and  otherwise  engaging  in the use of
 wetlands or other  land  for  growing  agricultural  products  shall  be
 excluded  from regulated activities and shall not require a permit under
 subdivision one [hereof] OF THIS SECTION,  except  that  structures  not
 required for enhancement or maintenance of the agricultural productivity
 of  the land and any filling activities shall not be excluded hereunder,

 S. 7508--A                         165                        A. 9508--A
 
 and provided that the use of land [designated as  a  freshwater  wetland
 upon  the  freshwater  wetlands  map at the effective date thereof] THAT
 MEETS THE DEFINITION OF A FRESHWATER WETLAND IN SECTION 24-0107 OF  THIS
 ARTICLE  for uses other than those referred to in this subdivision shall
 be subject to the provisions of this article.
   § 5. Subdivision 5 of section 24-0703 of the  environmental  conserva-
 tion  law,  as amended by section 38 of part D of chapter 60 of the laws
 of 2012, is amended to read as follows:
   5. [Prior to the promulgation of the final freshwater wetlands map  in
 a  particular  area  and  the  implementation  of  a freshwater wetlands
 protection law or ordinance, no person shall conduct,  or  cause  to  be
 conducted,  any  activity  for  which a permit is required under section
 24-0701 of this title on any freshwater wetland unless he has obtained a
 permit from the commissioner under this section.] Any person may inquire
 of the department as to whether or not a given parcel of land  [will  be
 designated]  INCLUDES  a  freshwater  wetland subject to regulation. The
 department shall give a definite answer in writing within [thirty] SIXTY
 days of such request as to [whether] THE STATUS OF such parcel [will  or
 will not be so designated].  Provided that, in the event that weather or
 ground  conditions  prevent  the  department from making a determination
 within [thirty] SIXTY days, it may extend such period until  a  determi-
 nation  can be made. Such answer in the affirmative shall be reviewable;
 such an answer in the negative  shall  be  a  complete  defense  to  the
 enforcement of this article as to such parcel of land. [The commissioner
 may  by  regulation  adopted  after  public hearing exempt categories or
 classes of wetlands or individual wetlands which he determines not to be
 critical to the furtherance of the policies and purposes of  this  arti-
 cle.]
   §  6.  Subdivision 1 of section 24-0901 of the environmental conserva-
 tion law, as added by chapter 614 of the laws of  1975,  is  amended  to
 read as follows:
   1.  [Upon  completion of the freshwater wetlands map, the] THE commis-
 sioner shall confer with local government officials in  each  region  in
 which  the  inventory  has been conducted to establish a program for the
 protection of the freshwater wetlands of the state.
   § 7. Subdivisions 1 and 5 of  section  24-0903  of  the  environmental
 conservation  law,  as  added  by  chapter  614 of the laws of 1975, are
 amended to read as follows:
   1. [Upon completion of the freshwater wetlands map of the state, or of
 any selected section or region  thereof,  the]  THE  commissioner  shall
 [proceed  to] classify freshwater wetlands [so designated thereon] REGU-
 LATED PURSUANT TO SECTION 24-0701 OF THIS ARTICLE according    to  their
 most  appropriate  uses,  in  light  of  the values set forth in section
 24-0105 of this article and the present conditions of such wetlands. The
 commissioner shall determine what uses of such wetlands are most compat-
 ible with the foregoing and shall prepare minimum land  use  regulations
 to  permit  only  such  compatible  uses.  The classifications may cover
 freshwater wetlands in more than one governmental subdivision.   Permits
 pursuant  to section 24-0701 of this article are required whether or not
 a classification has been promulgated.
   5. Prior to the adoption of any land use regulations governing  fresh-
 water  wetlands, the commissioner shall hold a public hearing thereon in
 the area in which the affected freshwater wetlands are located, and give
 fifteen days prior notice thereof by POSTING ON THE DEPARTMENT'S WEBSITE
 OR BY publication at least once in a  newspaper  having  general  circu-
 lation  in  the  area of the local government involved. The commissioner

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 shall promulgate the regulations within thirty days of such hearing  and
 POST  SUCH  ORDER  ON THE DEPARTMENT'S WEBSITE OR publish such order [at
 least once] in a newspaper having general circulation in the area of the
 local  government  affected  and  make  such  plan  available for public
 inspection and review; such order shall not  take  effect  until  thirty
 days after the filing thereof with the clerk of the county in which such
 wetland is located.
   §  8.  Subdivisions  2  and  3 of section 34-0104 of the environmental
 conservation law, as added by chapter 841  of  the  laws  of  1981,  are
 amended to read as follows:
   2.  Upon  completion  of  a  preliminary  identification of an erosion
 hazard area, the commissioner or his designated  hearing  officer  shall
 hold  a  public hearing in a place reasonably accessible to residents of
 the affected area in order to afford an opportunity for  any  person  to
 propose  changes  in  such  preliminary identification. The commissioner
 shall [give notice of such hearing to each owner of record, as shown  on
 the latest completed tax assessment rolls, of lands included within such
 area,  and  also  to the chief executive officer and clerk of each local
 government within the boundaries of which any portion of such  area  may
 be located, by certified mail at least thirty days prior to the date set
 for such hearing, and shall] insure that a copy of the preliminary iden-
 tification  is  available for public inspection at a convenient location
 [in such local government]. The commissioner shall also cause notice  of
 such  hearing  to  be published at least once, not more than thirty days
 nor fewer than ten days before the date set  for  such  hearing,  in  at
 least  one newspaper having general circulation in the area involved and
 in the environmental  notice  publication  provided  for  under  section
 3-0306 of this chapter.
   3.  After  considering  the  testimony  given at such hearings and the
 potential erosion hazard in accordance with the purposes and policies of
 this article, and after consultation with  affected  local  governments,
 the  commissioner  shall  issue  the final identification of the erosion
 hazard areas. Such final identification shall  not  be  made  less  than
 sixty  days  from the date of the public hearing required by subdivision
 two hereof. A copy of such final identification shall be  filed  in  the
 office  of  the clerk of each local government in which such area or any
 portion thereof is located. Notice [that such final  identification  has
 been made shall be given each owner of lands included within the erosion
 hazard  area,  as  such  ownership  is shown on the latest completed tax
 assessment rolls, by certified mail in any case where a notice by certi-
 fied mail was not sent pursuant to subdivision two of this section,  and
 in all other cases by first class mail. Such notice] shall also be given
 at  such  time  to  the chief executive officer of each local government
 within the boundaries of which such erosion hazard area or  any  portion
 thereof is located.
   § 9. Paragraphs (a) and (b) of subdivision 8 of section 70-0117 of the
 environmental  conservation  law,  as  added by section 1 of part AAA of
 chapter 59 of the laws of 2009, are amended to read as follows:
   (a) All persons required to obtain a permit from the department pursu-
 ant to section 24-0701 of this chapter shall submit to the department an
 application fee in an amount [not to exceed the following:
   (i) fifty dollars per application for a permit for a minor project  as
 defined  in  this  article or modification to any existing permit issued
 pursuant to section 24-0701 of this chapter;

 S. 7508--A                         167                        A. 9508--A

   (ii) fifty dollars per application for  a  permit  for  a  residential
 project  defined  as  associated  with  one  single  family dwelling and
 customary appurtenances thereto;
   (iii) one hundred dollars per application for multiple family dwelling
 and customary appurtenances thereto;
   (iv)  two  hundred  dollars per application for a permit for any other
 project as defined in this article] SPECIFIED IN REGULATIONS PROMULGATED
 BY THE DEPARTMENT.
   (b) All persons required to obtain a permit from the department pursu-
 ant to section 25-0402 of this chapter shall submit to the department an
 application fee in an amount [not to exceed the following:
   (i) two hundred dollars per application  for  a  permit  for  a  minor
 project  as  defined  in  this  article  or modification to any existing
 permit issued pursuant to section 25-0402 of this chapter;
   (ii) nine hundred dollars per application for a permit for  a  project
 as  defined in this article] SPECIFIED IN REGULATIONS PROMULGATED BY THE
 DEPARTMENT.
   § 10. Paragraph (c) of subdivision 8 of section 70-0117 of  the  envi-
 ronmental conservation law, as added by section 1 of part AAA of chapter
 59 of the laws of 2009, is amended to read as follows:
   (c) [All fees] FEES collected pursuant to [this] PARAGRAPH (A) OF THIS
 subdivision  shall  be deposited [into the environmental protection fund
 pursuant to section ninety-two-s of the state finance law] TO THE CREDIT
 OF THE CONSERVATION FUND.  FEES COLLECTED PURSUANT TO PARAGRAPH  (B)  OF
 THIS  SUBDIVISION  SHALL  BE  DEPOSITED  TO  THE  CREDIT  OF  THE MARINE
 RESOURCES ACCOUNT OF THE CONSERVATION FUND.
   (D) APPLICATION FEES REQUIRED PURSUANT TO THIS SUBDIVISION WILL NOT BE
 REQUIRED FOR ANY STATE DEPARTMENT.
   § 11. The title heading of title 25 of article 71 of the environmental
 conservation law, as added by chapter  182  of  the  laws  of  1975,  is
 amended to read as follows:
                 ENFORCEMENT OF ARTICLE 25 AND ARTICLE 34
 
   §  12. Section 71-2501 of the environmental conservation law, as added
 by chapter 182 of the laws of 1975, is amended to read as follows:
 § 71-2501. Applicability of this title.
   The provisions of this title shall be applicable to the enforcement of
 article twenty-five AND ARTICLE THIRTY-FOUR.
   § 13. Subdivisions 1 and 2 of section  71-2503  of  the  environmental
 conservation  law,  as  amended  by chapter 666 of the laws of 1989, are
 amended to read as follows:
   1. Administrative sanctions.
   a. Any person who violates, disobeys or disregards  any  provision  of
 article twenty-five OR ARTICLE THIRTY-FOUR shall be liable to the people
 of  the  state for a civil penalty of not to exceed ten thousand dollars
 for every such violation, to be assessed, after a hearing or opportunity
 to be heard, by the commissioner. Each violation shall be a separate and
 distinct violation and, in the case  of  a  continuing  violation,  each
 day's  continuance  thereof  shall  be  deemed  a  separate and distinct
 violation.  The penalty may be recovered in an  action  brought  by  the
 commissioner  in any court of competent jurisdiction. Such civil penalty
 may be released or compromised by the commissioner before the matter has
 been referred to the attorney general; and where such  matter  has  been
 referred  to  the  attorney general, any such penalty may be released or
 compromised and any action commenced to recover the same may be  settled

 S. 7508--A                         168                        A. 9508--A
 
 and discontinued by the attorney general with the consent of the commis-
 sioner.
   b. Upon determining that significant damage to the functions and bene-
 fits  of  tidal wetlands OR COASTAL EROSION HAZARD AREAS is occurring or
 is imminent as a result of any violation of article twenty-five OR ARTI-
 CLE THIRTY-FOUR, including but not limited to (i) activity taking  place
 requiring  a permit under article twenty-five OR ARTICLE THIRTY-FOUR but
 for which no permit has been granted or (ii) failure on the  part  of  a
 permittee  to  adhere  to permit conditions, the commissioner shall have
 power to direct the violator to cease and desist from violating the act.
 In such cases the violator shall be provided an opportunity to be  heard
 within ten days of receipt of the notice to cease and desist.
   c.  Following a hearing held pursuant to section 71-1709 of this arti-
 cle, the commissioner shall have power to direct the violator  to  cease
 and  desist  from  violating  the  act and to restore the affected tidal
 wetland or area immediately adjacent thereto OR COASTAL  EROSION  HAZARD
 AREAS to its condition prior to the violation, insofar as that is possi-
 ble  within  a  reasonable time and under the supervision of the commis-
 sioner. Any order of the commissioner shall be enforceable in an  action
 brought  by the commissioner in any court of competent jurisdiction. Any
 civil penalty or order issued by the commissioner under this subdivision
 shall be reviewable in a proceeding under article seventy-eight  of  the
 civil practice law and rules.
   2.  Criminal sanctions. Any person who violates any provision of arti-
 cle twenty-five OR ARTICLE THIRTY-FOUR shall, in addition, for the first
 offense, be guilty of a violation punishable by a fine of not less  than
 five  hundred nor more than five thousand dollars; for a second and each
 subsequent offense such person shall be guilty of a misdemeanor punisha-
 ble by a fine of not less than one thousand nor more than  ten  thousand
 dollars or a term of imprisonment of not less than fifteen days nor more
 than six months or both. In addition to or instead of these punishments,
 any  offender  shall  be  punishable  by  being  ordered by the court to
 restore the affected tidal wetland or area immediately adjacent  thereto
 OR  COASTAL  EROSION HAZARD AREAS to its condition prior to the offense,
 insofar as that is possible. The court shall specify a  reasonable  time
 for the completion of the restoration, which shall be effected under the
 supervision  of  the  commissioner. Each offense shall be a separate and
 distinct offense and, in the case of a continuing  offense,  each  day's
 continuance thereof shall be deemed a separate and distinct offense.
   §  14.  Section  71-2505  of  the  environmental  conservation law, as
 amended by chapter 249 of the laws  of  1997,  is  amended  to  read  as
 follows:
 § 71-2505. Enforcement.
   The  attorney  general, on his OR HER own initiative or at the request
 of the commissioner, shall prosecute persons who violate  article  twen-
 ty-five  OR  ARTICLE THIRTY-FOUR.   In addition the attorney general, on
 his OR HER own initiative or at the request of the  commissioner,  shall
 have  the right to recover a civil penalty of up to ten thousand dollars
 for every violation of any provision of such [article] ARTICLES, and  to
 seek  equitable relief to restrain any violation or threatened violation
 of such [article]  ARTICLES  and  to  require  the  restoration  of  any
 affected  tidal  wetland or area immediately adjacent thereto OR COASTAL
 EROSION HAZARD AREA to its condition prior to the violation, insofar  as
 that  is possible, within a reasonable time and under the supervision of
 the commissioner. In the case of  a  continuing  violation,  each  day's
 continuance thereof shall be deemed a separate and distinct violation.

 S. 7508--A                         169                        A. 9508--A
 
   §  15. Section 71-2507 of the environmental conservation law, as added
 by chapter 182 of the laws of 1975, is amended to read as follows:
 § 71-2507. Pollution of tidal wetlands OR COASTAL EROSION HAZARD AREA.
   Where any tidal wetlands OR COASTAL EROSION HAZARD AREA are subject to
 pollution,  the  commissioner and attorney general shall take all appro-
 priate action to abate the pollution. In addition, the commissioner  may
 restrict or order cessation of solid waste disposal, deep well disposal,
 or  liquid  waste disposal where such is polluting a given area of tidal
 wetland OR COASTAL  EROSION  HAZARD  AREA.  Where  pesticides,  chemical
 products,  or  fertilizer residues are the polluting agents, the commis-
 sioner shall confer with other appropriate public officials to limit the
 use of such substances at their source; after appropriate consultations,
 the commissioner may make such rules and regulations as he deems  neces-
 sary  under  section 3-0301 of [the environmental conservation law] THIS
 CHAPTER.
   § 16. This act shall take effect immediately, provided, however,  that
 sections one, two, three, four, five, six, seven, eight and nine of this
 act  shall take effect on January 1, 2022, except that any rule or regu-
 lation necessary for the timely implementation of this act on its effec-
 tive date shall be promulgated on or before such date.
 
                                  PART UU
 
   Section 1. This act enacts into law components  of  legislation  which
 are  necessary to implement legislation relating to the Bay Park Convey-
 ance Project.  Each component is wholly contained within a Subpart iden-
 tified as Subparts A through C. The effective date for  each  particular
 provision contained within such Subpart is set forth in the last section
 of  such  Subpart.    Any  provision  in  any section contained within a
 Subpart, including the effective date of  the  Subpart,  which  makes  a
 reference  to a section "of this act", when used in connection with that
 particular component, shall be deemed to mean and refer  to  the  corre-
 sponding  section  of the Subpart in which it is found. Section three of
 this act sets forth the general effective date of this act.
 
                                 SUBPART A
 
   Section 1. The county of Nassau, is hereby authorized, acting  by  and
 through  the  county  legislature  of such county, and the department of
 environmental conservation, acting by and through  the  commissioner  of
 such department or his or her designee, for the purpose of constructing,
 operating, maintaining and repairing a sub-surface sewer main, are here-
 by  authorized  to  establish (a) permanent easements upon and under the
 parklands described in sections four, five, seven, eight, ten and eleven
 of this act, and (b) temporary easements upon and  under  the  parklands
 described  in  sections  three, six, and nine of this act. Authorization
 for the temporary easements described in sections three, six,  and  nine
 of  this act shall cease upon the completion of the construction of such
 sewer main, at which time the department of  environmental  conservation
 shall  restore  the surface of the parklands disturbed and the parklands
 shall continue to be used for park purposes as they were  prior  to  the
 establishment  of such temporary easements. Authorization for the perma-
 nent easements described in sections four, five, seven, eight,  ten  and
 eleven  of  this  act shall require that the department of environmental
 conservation restore the surface of  the  parklands  disturbed  and  the

 S. 7508--A                         170                        A. 9508--A

 parklands shall continue to be used for park purposes as they were prior
 to the establishment of the permanent easements.
   §  2.  The  authorization  granted in section one of this act shall be
 effective only upon the condition that the county of Nassau dedicate  an
 amount  equal  to or greater than the fair market value of the permanent
 and temporary easements being  conveyed  and  the  temporary  alienation
 pursuant  to section one of this act to the acquisition of new parklands
 and/or capital improvements to existing park  and  recreational  facili-
 ties.
   §  3.  TEMPORARY EASEMENT - Force main shaft construction area.  Park-
 land upon and under which a temporary easement may be established pursu-
 ant to subdivision (b) of section one of this act is  described  as  all
 that  certain  plot, piece or parcel of land with buildings and improve-
 ments thereon erected, situate, lying and being  located  at  Bay  Park,
 Town  of  Hempstead,  County  of Nassau and State of New York being more
 particularly bounded and described as follows: beginning at a  point  on
 the northerly line of the Nassau County Sewage Treatment Plant property,
 said  Point  of  Beginning  being  South  68°00' East, as measured along
 northerly line of said sewage treatment plant, 543 feet plus  or  minus,
 from  the intersection of the northerly line Nassau County Sewage Treat-
 ment Plant with the westerly side  of  Compton  Street;  running  thence
 South  68°00'  East,  along  the northerly line of said sewage treatment
 plant, 247 feet plus or minus; thence South 07°04' West 196 feet plus or
 minus; thence North 78°37' West 33 feet  plus  or  minus;  thence  North
 06°10'  East  105  feet  plus or minus; thence North 30°53' West 56 feet
 plus or minus; thence North 64°27' West 190 feet plus or  minus;  thence
 North  20°21'  East  49 feet plus or minus, to the northerly line of the
 Nassau County  Sewage  Treatment  Plant,  at  the  Point  of  Beginning.
 Containing  within  said  bounds  19,700  square feet plus or minus. The
 above described temporary easement is for the construction of a  thirty-
 foot  diameter  access  shaft. The location of said access shaft is more
 particularly described in section four of this act.  Said  parcel  being
 part  of property designated as Section: 42 Block: A Lots: 50, 57 on the
 Nassau County Land and Tax Map.
   § 4. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland  upon  and
 under which a permanent easement may be established pursuant to subdivi-
 sion  (a)  of  section  one of this act is described as all that certain
 plot, piece or parcel of land with buildings  and  improvements  thereon
 erected,  situate,  lying  and  being located at Bay Park, Town of Hemp-
 stead, County of Nassau and State of New York  being  more  particularly
 bounded  and  described as follows: a circular easement with a radius of
 15 feet, the center of said circle being the following three (3) courses
 from the intersection of the northerly line of the Nassau County  Sewage
 Treatment Plant with the westerly side of Compton Street: running thence
 South  68°00'  East,  along  the northerly line of said sewage treatment
 plant, 581 feet plus or minus to the centerline of the  permanent  ease-
 ment  for  a  force  main  described in section five of this act; thence
 South 21°34' West, along said centerline, 17 feet plus or minus;  thence
 South  14°28' West, continuing along said centerline, 1,439 feet plus or
 minus, to the center of the herein described circular easement. Contain-
 ing within said bound 707 square feet plus or  minus.    Said  permanent
 easement  is  for  an  access shaft that extends from the surface of the
 ground to an  approximate  depth  of  70  feet.  Any  permanent  surface
 improvements  for cathodic protection, if necessary, would be flush with
 the ground surface or integrated  into  site  landscaping.  Said  parcel

 S. 7508--A                         171                        A. 9508--A
 
 being  part  of property designated as Section: 42 Block: A Lots: 50, 57
 on the Nassau County Land and Tax Map.
   §  5.  PERMANENT  SUBSURFACE  EASEMENT - Force main. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located at Bay  Park,  Town  of  Hemp-
 stead, County of Nassau and State of New York being a 20-foot wide strip
 of land more particularly bounded and described as follows: beginning at
 a  point  on  the  northerly  line of the Nassau County Sewage Treatment
 Plant property, said Point of Beginning  being  South  68°00'  East,  as
 measured  along  northerly line of said sewage treatment plant, 571 feet
 plus or minus, from the intersection of the northerly line Nassau County
 Sewage Treatment Plant with the westerly side of Compton Street; running
 thence South 68°00' East, along the northerly line of said sewage treat-
 ment plant, 20 feet plus or minus; thence South 21°34' West 17 feet plus
 or minus; thence South 14°28' West 1,463  feet  plus  or  minus;  thence
 North  75°32' West 20 feet plus or minus; thence North 14°28' East 1,464
 feet plus or minus; thence North 21°34' East 18 feet plus or  minus,  to
 the  northerly  line of the Nassau County Sewage Treatment Plant, at the
 Point of Beginning. Containing within said bounds  29,600  square  feet.
 The above described permanent easement is for the construction and oper-
 ation  of  a  six-foot diameter force main at a minimum depth of fifteen
 feet below the ground surface. Said parcel being part of property desig-
 nated as Section: 42 Block: A Lots: 50, 57 on the Nassau County Land and
 Tax Map.
   § 6. TEMPORARY EASEMENT - Force main shaft construction area.    Park-
 land upon and under which a temporary easement may be established pursu-
 ant  to  subdivision  (b) of section one of this act is described as all
 that certain plot, piece or parcel of land with buildings  and  improve-
 ments thereon erected, situate, lying and being located at the hamlet of
 Wantagh, Town of Hempstead, County of Nassau and State of New York being
 more particularly bounded and described as follows: beginning at a point
 on the northwesterly line of the herein described temporary easement for
 the  force  main  shaft construction area, said Point of Beginning being
 more particularly described as commencing at  the  intersection  of  the
 southerly  side of Sunrise Highway Street with the southeasterly side of
 Lakeview Road; running thence southerly along the southeasterly side  of
 Lakeview Road 243 feet plus or minus, to the centerline of the permanent
 subsurface  easement  for  force main described in section eight of this
 act; thence South 60°06' East, along said centerline, 25  feet  plus  or
 minus, to the northwesterly line of the temporary easement for the force
 main shaft construction area, at the Point of Beginning.  Running thence
 North  39°06'  East  111 feet plus or minus; thence South 55°47' East 70
 feet plus or minus; thence South 38°42' West 240  feet  plus  or  minus;
 thence North 54°11' West 72 feet plus or minus; thence North 39°06' East
 127  feet  plus  or minus, to the Point of Beginning.  Containing within
 said bounds 16,900 square feet plus or minus. The above described tempo-
 rary easement is for the construction of a thirty-foot  diameter  access
 shaft.  The location of said access shaft is more particularly described
 in section seven of this act.  Said parcel being part of property desig-
 nated as Section: 56 Block: Y Lot: 259 on the Nassau County Land and Tax
 Map.
   § 7. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland  upon  and
 under which a permanent easement may be established pursuant to subdivi-
 sion  (a)  of  section  one of this act is described as all that certain

 S. 7508--A                         172                        A. 9508--A
 
 plot, piece or parcel of land with buildings  and  improvements  thereon
 erected,  situate, lying and being located at Hamlet of Wantagh, Town of
 Hempstead, County of Nassau and State of New York being more particular-
 ly  bounded  and described as follows: a circular easement with a radius
 of 15 feet, the center of said circle being the following two (2) cours-
 es from the intersection of the southerly side of Sunrise  Highway  with
 the  southeasterly side of Lakeview Road: Southerly along the southeast-
 erly side of Lakeview Road 243 feet plus or minus, to the centerline  of
 the  permanent  subsurface easement for force main, described in section
 eight of this act; South 60°06' East, along  said  centerline,  51  feet
 plus  or minus, to the center of the herein described circular easement.
 Containing within said bounds a surface area of 707 square feet plus  or
 minus.  Said permanent easement is for an access shaft that extends from
 the surface of the ground to an approximate depth of 70 feet. Any perma-
 nent surface improvements for cathodic protection, if  necessary,  would
 be  flush  with  the ground surface or integrated into site landscaping.
 Said parcel being part of property designated as Section:  56  Block:  Y
 Lot: 259 on the Nassau County Land and Tax Map.
   §  8.  PERMANENT  SUBSURFACE  EASEMENT - Force main. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located at the Hamlet of Wantagh, Town
 of Hempstead, County of Nassau and State of New  York  being  a  20-foot
 wide  strip  of land more particularly bounded and described as follows:
 beginning at a point on the southeasterly side of  Lakeview  Road,  said
 Point  of Beginning being southwesterly 222 feet plus or minus, as meas-
 ured along the southeasterly side of Lakeview Road from the intersection
 of the southerly side of Sunrise Highway with the southeasterly side  of
 Lakeview  Road;  thence  South 60°06' East 49 feet plus or minus; thence
 South 32°15' East 1,759 feet plus or minus; thence South 16°16' West  53
 feet  plus  or minus; thence North 32°15' West 1,785 feet plus or minus;
 thence North 60°06' West 53 feet plus or  minus,  to  the  southeasterly
 side of Lakeview Road; thence North 48°13' East, along the southeasterly
 side of Lakeview Road, 42 feet plus or minus, to the Point of Beginning.
 Containing  within  said  bounds  72,900  square feet plus or minus. The
 above described permanent easement is for the construction and operation
 of a six-foot diameter force main at a minimum  depth  of  fifteen  feet
 below  the ground surface. Said parcel being part of property designated
 as Section: 56 Block: Y Lots: 259 on the Nassau County Land and Tax Map.
   § 9. TEMPORARY EASEMENT - Force main shaft construction area.    Park-
 land upon and under which a temporary easement may be established pursu-
 ant  to  subdivision  (b) of section one of this act is described as all
 that certain plot, piece or parcel of land with buildings  and  improve-
 ments thereon erected, situate, lying and being located at the hamlet of
 Wantagh, Town of Hempstead, County of Nassau and State of New York being
 more particularly bounded and described as follows: beginning at a point
 on the northerly line of the herein described temporary easement for the
 force  main  shaft construction area, said Point of Beginning being more
 particularly described as commencing at the intersection of the souther-
 ly side of Byron Street with  the  easterly  side  of  Wantagh  Parkway;
 running  thence southerly along the easterly side of Wantagh Parkway 319
 feet plus or minus, to the centerline of the permanent subsurface  ease-
 ment  for  force  main,  described in section eleven of this act; thence
 South 19°15' East, along said centerline, 257 feet plus or minus, to the
 northerly line of the  temporary  easement  for  the  force  main  shaft

 S. 7508--A                         173                        A. 9508--A
 
 construction  area,  at  the  Point  of  Beginning. Running thence North
 87°25' East 122 feet plus or minus; thence south  33°56'  East  68  feet
 plus  or  minus;  thence South 04°43' East 54 feet plus or minus; thence
 South  86°38'  West  78  feet plus or minus; thence South 02°20' East 83
 feet plus or minus; thence South 47°04' West 103  feet  plus  or  minus;
 thence South 86°22' West 28 feet plus or minus; thence North 08°39' West
 264  feet plus or minus; thence North 87°25' East 53 feet plus or minus,
 to the Point of Beginning.  Containing within said bounds 36,500  square
 feet  plus  or  minus. The above described temporary easement is for the
 construction of a thirty-foot diameter access  shaft.  The  location  of
 said  access shaft is more particularly described in section ten of this
 act. Said parcel being part of property designated as Section: 63 Block:
 261 Lots: 765G, 818A (Part of Cedar Creek Park)  on  the  Nassau  County
 Land and Tax Map.
   §  10. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located at Hamlet of Wantagh, Town  of
 Hempstead, County of Nassau and State of New York being more particular-
 ly  bounded  and described as follows: a circular easement with a radius
 of 15 feet, the center of said circle being the following two (2) cours-
 es from the intersection of the southerly side of Byron Street with  the
 easterly  side  of Wantagh Parkway: Southerly along the easterly side of
 Wantagh Parkway 319 feet plus or minus, to the centerline of the  perma-
 nent  subsurface easement for force main, described in section eleven of
 this act; thence South 19°15' East, along said centerline, 315 feet plus
 or minus, to the center  of  the  herein  described  circular  easement.
 Containing  within said bounds a surface area of 707 square feet plus or
 minus. Said permanent easement is for an access shaft that extends  from
 the surface of the ground to an approximate depth of 70 feet. Any perma-
 nent  surface  improvements for cathodic protection, if necessary, would
 be flush with the ground surface or integrated  into  site  landscaping.
 Said  parcel being part of property designated as Section: 63 Block: 261
 Lots: 765G, 818A (Part of Cedar Creek Park) on the  Nassau  County  Land
 and Tax Map.
   §  11.  PERMANENT  SUBSURFACE EASEMENT - Force main. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located at the Hamlet of Wantagh, Town
 of Hempstead, County of Nassau and State of New  York  being  a  20-foot
 wide  strip  of land more particularly bounded and described as follows:
 beginning at a point on the easterly side of Wantagh Parkway, said Point
 of Beginning being southerly 285 feet plus or minus, as  measured  along
 the easterly side of Wantagh Parkway from the intersection of the south-
 erly  side  of  Byron  Street with the easterly side of Wantagh Parkway;
 running thence South 19°15' East 349 feet plus or  minus;  thence  South
 02°17'  East  1,882  feet  plus or minus; thence South 09°25' East 1,202
 feet plus or minus; thence South 80°35' West  20  feet  plus  or  minus;
 thence  North  09°25' West 1,203 feet plus or minus; thence North 02°17'
 West 1,880 feet plus or minus; thence North 19°15' West 281 feet plus or
 minus, to the easterly side of  Wantagh  Parkway;  thence  North  02°09'
 West, along the easterly side of Wantagh Parkway, 68 feet plus or minus,
 to  the  Point of Beginning. Containing within said bounds 68,000 square
 feet plus or minus. The above described permanent easement  is  for  the

 S. 7508--A                         174                        A. 9508--A
 
 construction  and operation of a six-foot diameter force main at a mini-
 mum depth of fifteen feet below the ground surface.  Said  parcel  being
 part  of  property designated as Section: 63 Block: 261 Lots: 765G, 818A
 (Part of Cedar Creek Park) on the Nassau County Land and Tax Map.
   §  12.  In  the  event  that the county of Nassau received any funding
 support or assistance from the  federal  government  for  the  purchase,
 maintenance, or improvement of the parklands set forth in sections three
 through  eleven  of  this act, the discontinuance and alienation of such
 parklands authorized by the provisions of this act shall not occur until
 the county of Nassau has complied with any applicable  federal  require-
 ments pertaining to the alienation or conversion of parklands, including
 satisfying  the secretary of the interior that the alienation or conver-
 sion complies with all conditions which the secretary  of  the  interior
 deems  necessary  to  assure  the  substitution  of other lands shall be
 equivalent in fair market value and usefulness to the lands being alien-
 ated or converted.
   § 13. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section 1. The village of East Rockaway, in the county of  Nassau,  is
 hereby  authorized,  acting  by  and  through  the village board of such
 village, and the department of environmental conservation, acting by and
 through the commissioner of such department or his or her designee,  for
 the  purpose  of  constructing,  operating,  maintaining and repairing a
 sub-surface sewer main, are hereby authorized to establish (a) permanent
 easements upon and under the parklands described in  sections  four  and
 five  of this act, and (b) a temporary easement upon and under the park-
 lands described in section three of  this  act.  Authorization  for  the
 temporary  easement  described  in section three of this act shall cease
 upon the completion of the construction of the sewer main, at which time
 the department of environmental conservation shall restore  the  surface
 of  the  parklands disturbed and the parklands shall continue to be used
 for park purposes as they were prior to the grant of the temporary ease-
 ment. Authorization for the permanent easements  described  in  sections
 four  and five of this act shall require that the department of environ-
 mental conservation restore the surface of the parklands  disturbed  and
 the  parklands  shall continue to be used for park purposes as they were
 prior to the establishment of the permanent easements.
   § 2. The authorization provided in section one of this  act  shall  be
 effective  only  upon  the  condition  that the village of East Rockaway
 dedicate an amount equal to or greater than the fair market value of the
 permanent and temporary  easements  being  conveyed  and  the  temporary
 alienation pursuant to section one of this act to the acquisition of new
 parklands  and/or capital improvements to existing park and recreational
 facilities within the Village of East Rockaway.
   § 3. TEMPORARY EASEMENT - Force Main Shaft Construction Area.    Park-
 land upon and under which a temporary easement may be established pursu-
 ant  to  subdivision  (b)  of  section  one  of this act is described as
 follows: all that certain plot, piece or parcel of land  with  buildings
 and  improvements  thereon  erected, situate, lying and being located at
 Incorporated Village of East Rockaway, and the Hamlet of Oceanside, Town
 of Hempstead, County of Nassau and State of New York being more  partic-
 ularly  bounded  and  described as follows:  beginning at a point on the
 westerly line of the herein described temporary easement for  the  force
 main shaft construction area, said Point of Beginning being more partic-

 S. 7508--A                         175                        A. 9508--A
 
 ularly  described as commencing at the intersection of the northeasterly
 side of Long Island Railroad right-of-way  with  the  easterly  side  of
 Ocean  Avenue; running thence North 12°34' East, along the easterly side
 of Ocean Avenue, 92 feet plus or minus, to the northerly line of proper-
 ty  designated  as  Section 38 Block E Lot 14, on the Nassau County Land
 and Tax Map; thence South 74°46' East, partly along said northerly line,
 206 feet plus or minus, to the westerly line of the temporary  easement,
 at the Point of Beginning. Running thence North 15°34' East 49 feet plus
 or  minus; thence South 67°33' East 238 feet plus or minus; thence South
 07°07' West 31 feet plus or minus; thence South  86°06'  West  161  feet
 plus  or  minus; thence South 64°59' West 117 feet plus or minus; thence
 North 15°34' East 140 feet plus or minus, to  the  Point  of  Beginning.
 Containing  within  said  bounds  23,000  square feet plus or minus. The
 above described temporary easement is for the construction of a  thirty-
 foot  diameter  access  shaft. The location of said access shaft is more
 particularly described in section four of this act.  Said  parcel  being
 part of property designated as Section: 38, Block: E, Lots: 12, 14, 21A,
 21B on the Nassau County Land and Tax Map.
   §  4.  PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located  at  Incorporated  Village  of
 East Rockaway, and the Hamlet of Oceanside, Town of Hempstead, County of
 Nassau  and  State  of  New  York  being  more  particularly bounded and
 described as follows: a circular easement with a radius of 15 feet,  the
 center  of  said  circle  being the following three (3) courses from the
 intersection of the northeasterly side of Long Island Railroad right-of-
 way with the easterly side of Ocean Avenue; North 12°34' East, along the
 easterly side of Ocean Avenue, 92 feet plus or minus, to  the  northerly
 line  of  property designated as Section 38 Block E Lot 14 on the Nassau
 County Land and Tax Map; South 74°46' East, partly along the said north-
 erly line, 333 feet plus or minus, to the centerline of  the  subsurface
 easement  for  force  main described in section five of this act; thence
 South 19°04' West, along said centerline, 16 feet plus or minus, to  the
 center of the herein described circular easement. Containing within said
 bounds  a  surface area of 707 square feet plus or minus. Said permanent
 easement is for an access shaft that extends from  the  surface  of  the
 ground  to  an  approximate  depth  of  70  feet.  Any permanent surface
 improvements for cathodic protection, if necessary, would be flush  with
 the  ground  surface  or  integrated  into site landscaping. Said parcel
 being part of property designated as Section: 38, Block:  E,  Lots:  12,
 14, 21A, 21B on the Nassau County Land and Tax Map.
   §  5.  PERMANENT  SUBSURFACE  EASEMENT - Force Main. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located  at  Incorporated  Village  of
 East  Rockaway,  and the Hamlet of Oceanside, County of Nassau and State
 of New York being a 20-foot wide strip of land more particularly bounded
 and described as follows: beginning at a point on the westerly  line  of
 the herein described permanent subsurface easement, said Point of Begin-
 ning being more particularly described as commencing at the intersection
 of  the northeasterly side of Long Island Railroad right-of-way with the
 easterly side of Ocean Avenue; running thence North 12°34'  East,  along
 the  easterly side of Ocean Avenue, 92 feet plus or minus, to the north-

 S. 7508--A                         176                        A. 9508--A
 
 erly line of property designated as Section 38 Block E  Lot  14  on  the
 Nassau  County  Land and Tax Map; thence South 74°46' East, partly along
 the said northerly line, 323 feet plus or minus, to the westerly line of
 the permanent easement, at the Point of Beginning.  Running thence North
 19°04'  East  73  feet  plus or minus, to the northerly line of property
 designated as Section 38 Block E Lot 21A on the Nassau County  Land  and
 Tax  Map;  thence  South 60°10' East, along said northerly line, 20 feet
 plus or minus; thence South 19°04' West 82 feet plus  or  minus;  thence
 South  15°40' East 116 feet plus or minus, to the south line of property
 designated as Section 38 Block E Lot 21A on the Nassau County  Land  and
 Tax  Map;  thence  North 88°09' West 21 feet plus or minus; thence North
 15°40' West 116 feet plus or minus; thence North  19°04'  East  19  feet
 plus  or minus, to the Point of Beginning. Containing within said bounds
 4,100 square feet plus or minus. The above described permanent  easement
 is  for the construction and operation of a six-foot diameter force main
 at a minimum depth of fifteen feet below the ground surface. Said parcel
 being part of property designated as Section: 38, Block:  E,  Lots:  12,
 14, 21A, 21B on the Nassau County Land and Tax Map.
   § 6. In the event that the village of East Rockaway received any fund-
 ing  support or assistance from the federal government for the purchase,
 maintenance, or improvement of the parklands set forth in sections three
 through five of this act, the  discontinuance  and  alienation  of  such
 parklands authorized by the provisions of this act shall not occur until
 the  village  of  East Rockaway has complied with any applicable federal
 requirements pertaining to the alienation or  conversion  of  parklands,
 including  satisfying  the secretary of the interior that the alienation
 or conversion complies with all conditions which the  secretary  of  the
 interior deems necessary to assure the substitution of other lands shall
 be  equivalent  in  fair  market value and usefulness to the lands being
 alienated or converted.
   § 7. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section 1. The village of Rockville Centre, in the county  of  Nassau,
 acting  by  and  through  the board of trustees of such village, and the
 department of environmental conservation,  acting  by  and  through  the
 commissioner  of such department or his or her designee, for the purpose
 of constructing, operating,  maintaining  and  repairing  a  sub-surface
 sewer  main,  are hereby authorized to establish (a) permanent easements
 upon and under the parklands described in sections three, four  and  six
 of  this  act,  and (b) temporary easements upon and under the parklands
 described in sections five and seven of this act.  Authorization for the
 temporary easements described in sections five and  seven  of  this  act
 shall  cease  upon the completion of the construction of the sewer main,
 at which time the department of environmental conservation shall restore
 the surface of the parklands disturbed and the parklands shall  continue
 to  be  used  for  park  purposes as they were prior to the grant of the
 temporary easements. Authorization for the permanent easements described
 in sections three, four and six of  this  act  shall  require  that  the
 department  of  environmental  conservation  restore  the surface of the
 parklands disturbed and the parklands shall continue to be used for park
 purposes as they were prior to the establishment of the permanent  ease-
 ments.
   §  2.  The  authorization provided in section one of this act shall be
 effective only upon the condition that the village of  Rockville  Centre

 S. 7508--A                         177                        A. 9508--A
 
 dedicate an amount equal to or greater than the fair market value of the
 permanent  and  temporary  easements  being  conveyed  and the temporary
 alienation pursuant to section one of this act to the acquisition of new
 parklands  and/or capital improvements to existing park and recreational
 facilities within the village of Rockville Centre.
   § 3. PERMANENT SUBSURFACE EASEMENT - Force  Main.  Parkland  upon  and
 under which a permanent easement may be established pursuant to subdivi-
 sion  (a)  of  section  one of this act is described as all that certain
 plot, piece or parcel of land with buildings  and  improvements  thereon
 erected,  situate,  lying  and  being located at Incorporated Village of
 East Rockaway, and the Incorporated Village of Rockville Centre, Town of
 Hempstead, County of Nassau and State of New York, being a 20-foot  wide
 strip  of  land  more particularly bounded and described as follows: the
 Point of Beginning being at the intersection of the  northerly  side  of
 Mill  River  Avenue  with  the  easterly side of Riverside Road; running
 thence northerly along the easterly side of Riverside Road 346 feet plus
 or minus; thence South 13°01' West 346 feet plus or minus, to the north-
 erly side of Mill River Avenue; thence westerly along the northerly side
 of Mill River Avenue, 17 feet plus or minus, to  the  easterly  side  of
 Riverside Road, at the Point of Beginning. Containing within said bounds
 3,100  square feet plus or minus. The above described permanent easement
 is for the construction and operation of a six-foot diameter force  main
 at a minimum depth of fifteen feet below the ground surface. Said parcel
 being part of property designated as Section: 38 Block: 136 Lots: 231 on
 the Nassau County Land and Tax Map.
   §  4.  PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located  at  Incorporated  Village  of
 Rockville  Centre,  Incorporated  Village of East Rockaway, and Incorpo-
 rated Village of Lynbrook, Town of Hempstead, County of Nassau and State
 of New York being more particularly bounded and described as a  circular
 easement  with  a radius of 15 feet, the center of said circle being the
 following two (2) courses from the intersection of the northerly side of
 Park Avenue with the easterly side of Oxford Road:  Easterly  along  the
 northerly side of Park Avenue, 203 feet plus or minus, to the centerline
 of the permanent subsurface easement for force main described in section
 six of this act; North 13°01' East, along said centerline, 953 feet plus
 or  minus,  to  the  center  of  the herein described circular easement.
 Containing within said bounds a surface area of 707 square feet plus  or
 minus.  Said permanent easement is for an access shaft that extends from
 the surface of the ground to an approximate depth of 70 feet. Any perma-
 nent surface improvements for cathodic protection, if  necessary,  would
 be  flush  with  the ground surface or integrated into site landscaping.
 Said parcel being part of property designated as Section:  38  Block:  F
 Lots:  39-42, 50C, 50F and Section: 38, Block: T, Lots: 50A, 50B, 50C on
 the Nassau County Land and Tax Map.
   § 5. TEMPORARY EASEMENT - Force Main Shaft Construction Area.    Park-
 land upon and under which a temporary easement may be established pursu-
 ant  to  subdivision  (b) of section one of this act is described as all
 that certain plot, piece or parcel of land with buildings  and  improve-
 ments  thereon erected, situate, lying and being located at Incorporated
 Village of Rockville Centre, Incorporated Village of East Rockaway,  and
 Incorporated  Village  of  Lynbrook, Town of Hempstead, County of Nassau
 and State of New York being more particularly bounded and  described  as

 S. 7508--A                         178                        A. 9508--A

 follows:  Beginning  at  a  point  on  the  southerly side of the herein
 described temporary easement for the force main shaft construction area,
 said Point of Beginning being more particularly described as  commencing
 at  the intersection of the northerly side of Park Avenue with the east-
 erly side of Oxford Road; running thence easterly  along  the  northerly
 side  of  Park  Avenue, 203 feet plus or minus, to the centerline of the
 permanent subsurface easement for force main described in section six of
 this act; thence North 13°01' East, along said centerline, 920 feet plus
 or minus, to the southerly line of the temporary easement, at the  Point
 of  Beginning.  Running thence North 76°19' West 136 feet plus or minus,
 to the easterly terminus  of  Merton  Avenue  (unopened);  thence  North
 76°19' West, through the unopened part of Merton Avenue, 48 feet plus or
 minus;  thence North 14°49' East 5' feet plus or minus, to the northerly
 side of Merton Avenue; thence North 14°49' East 27' feet plus or  minus;
 thence South 76°29' East 66 feet plus or minus; thence North 36°47' East
 61  feet plus or minus; thence North 78°41' East 145 feet plus or minus;
 thence South 65°54' East 46 feet plus or minus; thence South 29°39' West
 147 feet plus or minus; thence North 76°19' West 42 feet plus or  minus,
 to  the  Point of Beginning. Containing within said bounds 22,800 square
 feet plus or minus. The above described temporary easement  is  for  the
 construction  of  a  thirty-foot  diameter access shaft. The location of
 said access shaft is more particularly described in section four of this
 act. Said parcel being part of property designated as Section: 38 Block:
 F Lots: 39-42, 50C, 50F and Section: 38, Block: T, Lots: 50A,  50B,  50C
 on the Nassau County Land and Tax Map.
   §  6.  PERMANENT  SUBSURFACE  EASEMENT - Force Main. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located  at  Incorporated  Village  of
 Rockville  Centre,  Incorporated  Village of East Rockaway, and Incorpo-
 rated Village of Lynbrook, Town of Hempstead, County of Nassau and State
 of New York being a 20-foot wide strip of land more particularly bounded
 and described as follows:  beginning at a point on the northerly side of
 Park Avenue, said Point of Beginning 193 feet plus or minus easterly, as
 measured along the northerly side of Park Avenue from  the  intersection
 of  the  northerly  side of Park Avenue with the easterly side of Oxford
 Road; running thence North 13°01' East 956 feet plus  or  minus;  thence
 North  44°00'  East 446 feet plus or minus, to the northeasterly line of
 property designated as Section 38 Block F Lot 50F, on the Nassau  County
 Land  and  Tax  Map;  thence South 53°10' East, along said northeasterly
 line, 20 feet plus or minus; thence South 44°00' West 443 feet  plus  or
 minus; thence South 13°01' West 950 feet plus or minus, to the northerly
 side  of  Park  Avenue;  thence  North 79°36' West, along said northerly
 side, 20 feet plus or minus to the Point of Beginning; containing within
 said bounds 28,000 square feet plus or minus. The above described perma-
 nent easement is for the construction and operation of a six-foot  diam-
 eter  force  main  at  a  minimum depth of fifteen feet below the ground
 surface. Said parcel being part of property designated  as  Section:  38
 Block:  F  Lots:   39-42, 50C, 50F and Section: 38, Block: T, Lots: 50A,
 50B, 50C on the Nassau County Land and Tax Map.
   § 7. TEMPORARY EASEMENT - Force Main Shaft Construction Area.    Park-
 land upon and under which a temporary easement may be established pursu-
 ant  to  subdivision  (b) of section one of this act is described as all
 that certain plot, piece or parcel of land with buildings  and  improve-
 ments  thereon erected, situate, lying and being located at Incorporated

 S. 7508--A                         179                        A. 9508--A
 
 Village of Rockville Centre, Town of Hempstead,  County  of  Nassau  and
 State  of  New  York  being  more  particularly bounded and described as
 follows: beginning at a point on the northerly side of  Sunrise  Highway
 (New  York  State  Route 27A), said Point of Beginning being distant 254
 feet plus or minus westerly as measured  along  the  northerly  side  of
 Sunrise  Highway  from the intersection of the northerly side of Sunrise
 Highway with the westerly side of Forest Avenue;  running  thence  North
 86°15'  West, along the northerly side of Sunrise Highway, 175 feet plus
 or minus; thence South 68°26' West, continuing along the northerly  side
 of Sunrise Highway, 111 feet plus or minus; thence North 14°47' West 162
 feet  plus  or minus, to the southerly side of the Long Island Rail Road
 right-of-way; thence South 86°59' East, along the southerly side of  the
 Long  Island Rail Road, 479 feet plus or minus; thence South 01°59' West
 75 feet plus or minus, to the northerly side of  the  travelled  way  of
 Sunrise Highway, then 160 feet plus or minus along the arc or a circular
 curve  to  the left that has a radius of 850 feet and a chord that bears
 South 80°03' West 160 feet plus or minus  to  the  Point  of  Beginning.
 Containing  within  said  bounds  50,300  square feet plus or minus. The
 above described temporary easement is necessary for the construction  of
 temporary access to the aqueduct below Sunrise Highway area. Said parcel
 being  part  of property designated as Section: 38 Block: 291 Lot: 17 on
 the Nassau County Land and Tax Map.
   § 8. In the event that the village of Rockville  Centre  received  any
 funding  support  or  assistance  from  the  federal  government for the
 purchase, maintenance, or improvement of  the  parklands  set  forth  in
 sections  three through seven of this act, the discontinuance and alien-
 ation of such parklands authorized by the provisions of this  act  shall
 not  occur  until  the village of Rockville Centre has complied with any
 applicable federal requirements pertaining to the alienation or  conver-
 sion  of  parklands,  including satisfying the secretary of the interior
 that the alienation or conversion complies with all conditions which the
 secretary of the interior deems necessary to assure the substitution  of
 other  lands  shall be equivalent in fair market value and usefulness to
 the lands being alienated or converted.
   § 9. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section, subpart or part of this act shall be adjudged by a  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,
 subpart  or  part  thereof directly involved in the controversy in which
 such judgment shall have been rendered. It is hereby declared to be  the
 intent  of the legislature that this act would have been enacted even if
 such invalid provisions had not been included herein.
   § 3. This act shall take effect immediately, provided,  however,  that
 the  applicable effective date of Subparts A through C of this act shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART VV
 
   Section 1. Subdivision 13 of  section  23-0101  of  the  environmental
 conservation  law,  as  amended  by  chapter 846 of the laws of 1981, is
 amended and four new subdivisions 21, 22, 23, and 24 are added  to  read
 as follows:
   13.  "Plug  and  abandon" means the plugging, AND replugging if neces-
 sary, and abandonment of a WELL OR well bore including  the  placing  of

 S. 7508--A                         180                        A. 9508--A
 
 all  bridges, plugs, and fluids therein and the restoration and reclama-
 tion of the surface OF AFFECTED LAND in  the  immediate  vicinity  to  a
 reasonable  condition  consistent  with the adjacent terrain UNLESS SUCH
 RESTORATION  AND  RECLAMATION  OF THE SURFACE IS WAIVED BY THE LANDOWNER
 AND APPROVED BY THE DEPARTMENT.
   21. "ABANDONED" MEANS WELLS OR AFFECTED  LAND  REGULATED  PURSUANT  TO
 TITLES 1, 3, 5, 7, 11, 13 AND 19 OF THIS ARTICLE FOR WHICH THE RESPONSI-
 BLE  OWNER  OR OPERATOR NEGLECTS OR REFUSES TO COMPLY WITH ITS STATUTORY
 OR REGULATORY OBLIGATIONS AND RESPONSIBILITIES RELATED TO SUCH WELLS  OR
 AFFECTED LAND, AFTER NOTICE AND AS DETERMINED BY THE DEPARTMENT.
   22.  "AFFECTED  LAND" MEANS LAND OR LANDS IN THE IMMEDIATE VICINITY OF
 WELLS, INCLUDING WELL PADS AND  ACCESS  ROADS,  THAT  ARE  DISTURBED  OR
 IMPACTED,  OR POTENTIALLY DISTURBED OR IMPACTED, BY ACTIVITIES REGULATED
 PURSUANT TO TITLES 1, 3, 5, 7, 11, 13 AND 19 OF THIS ARTICLE.
   23. "ORPHANED" MEANS WELLS OR  AFFECTED  LAND  REGULATED  PURSUANT  TO
 TITLES 1, 3, 5, 7, 9, 11, 13 AND 19 OF THIS ARTICLE FOR WHICH NO RESPON-
 SIBLE OWNER OR OPERATOR EXISTS OR CAN BE REASONABLY FOUND, AS DETERMINED
 BY THE DEPARTMENT.
   24. "WELL" AND "WELL BORE" MEANS AN EXISTING OR PROPOSED HOLE, DRILLED
 OR  CONSTRUCTED,  THAT  IS  CASED,  UNCASED  OR BOTH, FOR THE PURPOSE OF
 PRODUCING OIL OR GAS OR BOTH, OR FOR THE PURPOSE OF A STORAGE,  SOLUTION
 MINING, INJECTION, MONITORING, STRATIGRAPHIC, BRINE DISPOSAL OR GEOTHER-
 MAL  WELL  REGULATED  PURSUANT TO TITLES 1, 3, 5, 7, 9, 11, 13 AND 19 OF
 THIS ARTICLE.
   § 2. Subdivision 8 of section 23-0305 of the  environmental  conserva-
 tion  law,  as  added by chapter 846 of the laws of 1981, paragraph e as
 amended by chapter 386 of the laws of 2005, paragraph f  as  amended  by
 chapter 721 of the laws of 1989, and paragraph k as added by chapter 891
 of the laws of 1984, is amended to read as follows:
   8.  With  respect  to  oil pools or fields [and], natural gas pools or
 fields, UNDERGROUND GAS STORAGE RESERVOIRS, AND WELLS AND THEIR AFFECTED
 LAND REGULATED PURSUANT TO TITLES ONE, THREE, FIVE, SEVEN, NINE, ELEVEN,
 THIRTEEN, AND NINETEEN OF THIS ARTICLE, the department shall have  power
 to:
   a.  Make  such  investigations as it deems proper to determine whether
 waste exists or is imminent.
   b. Require identification of ownership  of  producing  leases,  tanks,
 plants, structures and facilities for the transportation and refining of
 oil and gas.
   c.  Classify  and  reclassify  WELLS  OR AFFECTED LAND AS ABANDONED OR
 ORPHANED, pools as oil  or  gas  pools,  or  wells  as  oil  [or],  gas,
 INJECTION,  MONITORING,  OR UNDERGROUND STORAGE wells, AND REQUIRE IDEN-
 TIFICATION OF WELLS AS AN OIL, GAS,  INJECTION,  MONITORING,  OR  UNDER-
 GROUND  STORAGE  WELL,  including  the  delineation  of  boundaries  for
 purposes material to the interpretation or administration of this  arti-
 cle.
   d. Require the drilling, casing, operation, plugging and replugging of
 wells  and  reclamation of surrounding land in accordance with rules and
 regulations of the department in such manner as to prevent or remedy the
 following, including but not limited to: the escape of oil,  gas,  brine
 or  water  out  of one stratum into another; the intrusion of water into
 oil or gas strata other than during enhanced  recovery  operations;  the
 pollution  of  fresh  water  supplies  by  oil, gas, salt water or other
 contaminants; and blowouts, cavings, seepages and fires.
   e. Enter, take temporary possession of, REPAIR,  plug  or  replug  any
 abandoned  OR  ORPHANED  well  as provided in the rules and regulations,

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 whenever any owner or operator neglects or refuses to comply  with  such
 rules  and  regulations.   Such REPAIRING, plugging or replugging by the
 department shall be at the expense of the owner or operator  whose  duty
 it  may  be  to  REPAIR OR plug the well and who shall hold harmless the
 state of New York for all accounts, damages, costs and judgments arising
 from the REPAIRING, plugging or replugging of the well and  the  surface
 restoration  of  the affected land. Primary liability for the expense of
 such REPAIRING, plugging or replugging and first recourse for the recov-
 ery thereof  shall  be  to  the  operator  unless  a  contract  for  the
 production,  development,  exploration  or other working of the well, to
 which the lessor or other grantor of the oil and gas rights is a  party,
 shall  place  such  liability  on  the  owner or on the owner of another
 interest in the land on which the well is  situated.  When  an  operator
 violates  any  provision of this article, any rule or regulation promul-
 gated thereunder, or any order issued pursuant thereto in  reference  to
 REPAIRING,  plugging  or  replugging  an abandoned OR ORPHANED well, the
 operator may not transfer  the  operator's  responsibility  therefor  by
 surrendering  the  lease.  Prior  to the commencement of drilling of any
 well, the operator shall be required to furnish to the  department,  and
 continuously  maintain,  a  bond  acceptable  to it conditioned upon the
 performance of said operator's plugging responsibilities with respect to
 said well.  Upon the approval of the department, in lieu of  such  bond,
 the  operator  may deposit cash or negotiable bonds of the United States
 Government of like amount in an  escrow  account  conditioned  upon  the
 performance of said operator's plugging responsibilities with respect to
 said  well.  Any  interest  accruing  as  a result of the aforementioned
 escrow deposit shall be the exclusive  property  of  the  operator.  The
 aforementioned  bonding  requirements shall remain the obligation of the
 original operator regardless of changes in operators unless a subsequent
 operator has furnished the appropriate  bond  or  substitute  as  herein
 provided  acceptable  to the department and approval for the transfer of
 the well OPERATORSHIP, WHICH INCLUDES plugging AND  SURFACE  RESTORATION
 responsibilities,  to  the  subsequent  operator has been granted by the
 department. The failure of any operator to  maintain  a  bond  or  other
 financial  security  as  prescribed  herein  shall be deemed a breach of
 plugging  AND  SURFACE  RESTORATION  responsibilities  and  entitle  the
 department  to claim the proceeds of the bond or other financial securi-
 ty. The cost of REPAIRING, plugging or replugging any well,  where  such
 action  is  necessary  or  incident  to the commencing or carrying on of
 storage operations pursuant to section 23-1103 or 23-1301 shall be borne
 by the operator of the storage facility.
   f. Require that every person who produces, sells, purchases, acquires,
 stores or injects oil or gas and associated fluids and every person  who
 transports oil or gas in this state shall keep and maintain complete and
 accurate  records  of  the  quantities thereof. Quantities of associated
 fluids injected or produced may be reported as estimated  volumes.  True
 copies  or  duplicates  shall  be kept or made available for examination
 within this state by the department or  its  agents  at  all  reasonable
 times  and every such person shall file with the department such reports
 concerning production, sales, purchases, acquisitions, injection, trans-
 portation or storage on a form provided by the department or approved by
 the department prior to submittal.
   g. In addition to the powers provided for in titles 1, 3, 5 and 13  of
 article  71,  order  an  immediate  suspension of drilling or production
 operations whenever such operations are being carried on in violation of
 this article or any rule or regulation promulgated thereunder  or  order

 S. 7508--A                         182                        A. 9508--A
 
 issued pursuant thereto. Any order issued pursuant to this paragraph may
 be  reviewed upon application of an aggrieved party by means of an order
 to show cause which order shall be issued by any justice of the  supreme
 court  in  the judicial district in which any order applies and shall be
 returnable on the third succeeding business day following  the  issuance
 of  such  order. Service of such show cause order shall be made upon the
 regional office of the department for the region  in  which  such  order
 applies,  and  upon the attorney general by delivery of such order to an
 assistant attorney general at an office of the attorney general  in  the
 county in which venue of the proceeding is designated, or if there is no
 office  of the attorney general within such county, at the office of the
 attorney general nearest such county. Except as  hereinabove  specified,
 the proceeding to review an order under this paragraph shall be governed
 by article seventy-eight of the civil practice law and rules.
   h. Require the immediate reporting of any non-routine incident includ-
 ing  but  not  limited  to casing and drill pipe failures, casing cement
 failures, fishing jobs, fires, seepages, blowouts  and  other  incidents
 during  drilling,  completion,  producing,  plugging or replugging oper-
 ations that may affect the health, safety, welfare or  property  of  any
 person.  The  department may require the operator, or any agent thereof,
 to record any data which the department believes may  be  of  subsequent
 use for adequate evaluation of a non-routine incident.
   i.  Require  the  taking and making of well logs, well samples, direc-
 tional surveys and reports on well locations  and  elevations,  drilling
 and  production,  and  further  require  their  filing  pursuant  to the
 provisions of this article. Upon the request of the state geologist, the
 department shall cause such duplicate samples or copies of  records  and
 reports  as  may be required pursuant to this article to be furnished to
 him.
   j. Give notice to persons engaged in underground mining operations  of
 the  commencement  of  any phase of oil or gas well operations which may
 affect the safety of such underground mining operations or of the mining
 properties involved. Rules and regulations promulgated under this  arti-
 cle shall specify the distance from underground mining operations within
 which such notice shall be given and shall contain such other provisions
 as  in the judgment of the department shall be necessary in the interest
 of safety. The department shall not be required to  furnish  any  notice
 required  by  this  paragraph  unless  the  person or persons engaged in
 underground mining operations or having rights in mining properties have
 notified the department of the existence and  location  of  such  under-
 ground mining operations or properties.
   k.  (1)  Except as to production of gas from lands under the waters of
 Lake Erie, in order  to  satisfy  the  financial  security  requirements
 contained  in  paragraph  e of this subdivision for wells [less than six
 thousand feet in depth] for which the department [either]  ON  OR  AFTER
 OCTOBER  FIRST,  NINETEEN HUNDRED SIXTY-THREE shall have issued or shall
 issue permits to drill, DEEPEN, CONVERT OR PLUG BACK such wells  or,  on
 or  after  June fifth, nineteen hundred seventy-three, shall have issued
 acknowledgements of notices of intention to drill such wells OR, FOR ALL
 WELLS SUBJECT TO THIS ARTICLE FOR WHICH REQUESTS FOR  TRANSFER  OF  WELL
 OPERATORSHIP,  WHICH INCLUDES PLUGGING AND SURFACE RESTORATION RESPONSI-
 BILITIES, ARE APPROVED BY THE DEPARTMENT ON OR AFTER THE EFFECTIVE  DATE
 OF  THE  CHAPTER  OF  THE  LAWS OF TWO THOUSAND TWENTY THAT AMENDED THIS
 PARAGRAPH, without any way affecting any obligations to plug such wells,
 the operator shall provide a bond or other financial security acceptable
 to the department [in the following amount:

 S. 7508--A                         183                        A. 9508--A

   (i) for wells less than two thousand five hundred feet in depth:
   (a)  twenty-five  hundred dollars per well, provided that the operator
 shall not be required to provide  financial  security  under  this  item
 exceeding twenty-five thousand dollars for up to twenty-five wells;
   (b)  for twenty-six to fifty wells, twenty-five thousand dollars, plus
 twenty-five hundred dollars per well in  excess  of  twenty-five  wells,
 provided  that  the  operator shall not be required to provide financial
 security under this item exceeding forty thousand dollars;
   (c) for fifty-one to one hundred wells, forty thousand  dollars,  plus
 twenty-five  hundred dollars per well in excess of fifty wells, provided
 that the operator shall not be required to  provide  financial  security
 under this item exceeding seventy thousand dollars;
   (d)  for  over one hundred wells, seventy thousand dollars, plus twen-
 ty-five hundred dollars  per  well  in  excess  of  one  hundred  wells,
 provided  that  the  operator shall not be required to provide financial
 security under this item exceeding one hundred thousand dollars.
   (ii) for wells between two thousand five hundred feet and six thousand
 feet in depth:
   (a) five thousand dollars per well, provided that the  operator  shall
 not  be required to provide financial security under this item exceeding
 forty thousand dollars for up to twenty-five wells;
   (b) for twenty-six to fifty wells, forty thousand dollars,  plus  five
 thousand  dollars per well in excess of twenty-five wells, provided that
 the operator shall not be required to provide financial  security  under
 this item exceeding sixty thousand dollars;
   (c)  for  fifty-one to one hundred wells, sixty thousand dollars, plus
 five thousand dollars per well in excess of fifty wells,  provided  that
 the  operator  shall not be required to provide financial security under
 this item exceeding one hundred thousand dollars;
   (d) for over one hundred wells, one  hundred  thousand  dollars,  plus
 five  thousand dollars per well in excess of one hundred wells, provided
 that the operator shall not be required to  provide  financial  security
 under this item exceeding one hundred fifty thousand dollars].
   (2)  [In  the  event  that  an  operator shall have wells described in
 clauses (i) and (ii) of subparagraph (1) of this paragraph, in  lieu  of
 providing  financial  security under the provisions of each such clause,
 such operator may file financial security as  if  all  such  wells  were
 between two thousand five hundred feet and six thousand feet in depth.
   (3)]  For  ALL  wells  [greater  than six thousand feet in depth] THAT
 REQUIRE FINANCIAL SECURITY, the operator  [may  be  required  to]  SHALL
 provide  [additional]  THE DEPARTMENT WITH financial security consistent
 with criteria contained in rules and regulations [to  be  adopted],  AND
 ANY SUBSEQUENT RULES AND REGULATIONS ADOPTED BY THE DEPARTMENT to imple-
 ment  this [subparagraph] ARTICLE. THE DEPARTMENT IS AUTHORIZED TO ADOPT
 RULES AND REGULATIONS DETERMINING  THE  AMOUNT,  TYPE,  CONDITIONS,  AND
 TERMS OF THE FINANCIAL SECURITY.
   §  3.  Subdivision 9 of section 23-0305 of the environmental conserva-
 tion law, as amended by chapter 846 of the laws of 1981, paragraph d  as
 amended  by  chapter  721 of the laws of 1989, paragraph e as amended by
 chapter 386 of the laws of 2005, and paragraph f as added by chapter 891
 of the laws of 1984, is amended to read as follows:
   9. With respect to solution mining areas the department shall have the
 power to:
   a.  Require  identification  of  ownership  of  producing  leases  and
 solution  mining  equipment such as structures, tanks, gathering systems
 and facilities for the transportation of salt brine.

 S. 7508--A                         184                        A. 9508--A
 
   A-1. CLASSIFY AND RECLASSIFY WELLS OR AFFECTED LAND  AS  ABANDONED  OR
 ORPHANED,  OR  WELLS OR UNRESTORED LANDS REGULATED PURSUANT TO TITLES 1,
 3, 5, 7, 9, 11, 13, AND 19 OF THIS ARTICLE, AND REQUIRE WELL IDENTIFICA-
 TION AS A SOLUTION MINING WELL OR MONITORING WELL.
   b.  Require  the  drilling, casing, operation and plugging of wells in
 accordance with rules and regulations of the department in such a manner
 as to prevent the loss or escape of oil or gas reserves to  the  surface
 or  to other strata; the intrusion of brine or water into commercial oil
 or gas reserves; the pollution of fresh water supplies by  oil,  gas  or
 salt  water,  and  to facilitate the efficient use of ground and surface
 waters in solution mining.
   c. Give notice to persons engaging in underground mining operations of
 the commencing of any phase of solution mining well operations which may
 affect the safety of such underground mining operations or of the mining
 properties involved. Rules and regulations  of  the  department  adopted
 pursuant  hereto shall specify the distance from such underground mining
 operations within which such notice shall be  given  and  shall  contain
 such  other  provisions  as  in  the judgment of the department shall be
 necessary in the  interest  of  safety.  The  department  shall  not  be
 required  to  furnish  any  notice  pursuant hereto unless the person or
 persons engaged in underground mining operations  or  having  rights  in
 mining  properties  have  notified  the  department of the existence and
 location of such underground mining operations or properties.
   d. Require metering or other measuring of brine produced  by  solution
 mining,  and the maintenance of the records from each cavity or group of
 interconnected cavities until the wells in a cavity  have  been  plugged
 and [abandoned] AFFECTED LAND RESTORED.  These records shall be given to
 the department on request.
   e.  Enter,  take  temporary  possession of, REPAIR, plug or replug any
 abandoned OR ORPHANED well as provided in  the  rules  and  regulations,
 whenever  any operator neglects or refuses to comply with such rules and
 regulations. Such REPAIRING, plugging or replugging  by  the  department
 shall  be at the expense of the owner or operator whose duty it shall be
 to REPAIR OR plug the well and who shall hold harmless the state of  New
 York  for  all  accounts,  damages,  costs and judgments arising for the
 REPAIRING, plugging or replugging of the well and the  surface  restora-
 tion  of  the  affected  land. Primary liability for the expense of such
 plugging or replugging and first recourse for the recovery thereof shall
 be to the operator unless a contract for  the  production,  development,
 exploration  or  other working of the well, to which the lessor or other
 grantor of the solution salt rights is a party, shall place such liabil-
 ity on the owner or on the owner of another  interest  in  the  land  on
 which  the  well is situated. When an operator violates any provision of
 this article, any rule or  regulation  promulgated  thereunder,  or  any
 order  issued  pursuant  thereto  in reference to REPAIRING, plugging or
 replugging an abandoned OR ORPHANED well, the operator may not  transfer
 the  operator's responsibility therefor by surrendering the lease. Prior
 to the commencement of drilling of any well to  which  this  subdivision
 applies,  the  operator  shall be required to furnish to the department,
 and continuously maintain, a bond acceptable to it conditioned upon  the
 performance  of said operator's plugging AND SURFACE RESTORATION respon-
 sibilities with respect to said well. Upon the approval of  the  depart-
 ment,  in lieu of such bond, the operator may deposit cash or negotiable
 bonds of the United States  Government  of  like  amount  in  an  escrow
 account conditioned upon the performance of said operator's plugging AND
 SURFACE  RESTORATION  responsibilities  with  respect  to said well. Any

 S. 7508--A                         185                        A. 9508--A
 
 interest accruing as a result of aforementioned escrow deposit shall  be
 the  exclusive  property  of  the  operator.  The aforementioned bonding
 requirements shall  remain  the  obligation  of  the  original  operator
 regardless  of  changes  in  operators  unless a subsequent operator has
 furnished the appropriate bond or substitute as herein provided accepta-
 ble to the department and approval for the transfer of the well plugging
 [responsibility] AND SURFACE RESTORATION RESPONSIBILITIES to the  subse-
 quent  operator  has  been granted by the department. The failure of any
 operator to maintain a bond or other financial  security  as  prescribed
 herein  shall  be  deemed  a  breach of plugging AND SURFACE RESTORATION
 responsibilities and entitle the department to claim the proceeds of the
 bond or other financial security. Any  order  issued  pursuant  to  this
 paragraph  may  be  reviewed  upon  application of an aggrieved party by
 means of an order to show cause which  order  shall  be  issued  by  any
 justice  of the supreme court in the judicial district in which any such
 order applies and shall be returnable on the third  succeeding  business
 day  following  the  issuance  of such order. Service of such show cause
 order shall be made upon the regional office of the department  for  the
 region  in  which  such  order applies, and upon the attorney general by
 delivery of such order to an assistant attorney general at an office  of
 the  attorney  general in the county in which venue of the proceeding is
 designated, or if there is no office of the attorney general within such
 county, at the office of  the  attorney  general  nearest  such  county.
 Except as hereinabove specified, the proceeding to review an order under
 this  paragraph  shall be governed by article seventy-eight of the civil
 practice law and rules.
   f. (1)  In  order  to  satisfy  the  financial  security  requirements
 contained in paragraph e of this subdivision for all wells for which the
 department  [either]  ON OR AFTER OCTOBER FIRST, NINETEEN HUNDRED SIXTY-
 THREE shall have issued or shall issue permits to drill, DEEPEN, CONVERT
 OR PLUG BACK such wells or, on or after  June  fifth,  nineteen  hundred
 seventy-three,  shall  have issued acknowledgements of notices of inten-
 tion to drill such wells OR FOR ALL WELLS SUBJECT TO  THIS  ARTICLE  FOR
 WHICH  REQUESTS FOR TRANSFERS OF WELL OPERATORSHIP, WHICH INCLUDES PLUG-
 GING AND SURFACE  RESTORATION  RESPONSIBILITIES,  ARE  APPROVED  BY  THE
 DEPARTMENT  ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF
 TWO THOUSAND TWENTY THAT AMENDED THIS  PARAGRAPH,  without  in  any  way
 affecting  any obligation to plug such wells, the operator shall provide
 a bond or other financial security acceptable to the department [in  the
 following amount:
   (i) for wells less than two thousand five hundred feet in depth:
   (a)  twenty-five  hundred dollars per well, provided that the operator
 shall not be required to provide  financial  security  under  this  item
 exceeding twenty-five thousand dollars for up to twenty-five wells;
   (b)  for twenty-six to fifty wells, twenty-five thousand dollars, plus
 twenty-five hundred dollars per well in  excess  of  twenty-five  wells,
 provided  that  the  operator shall not be required to provide financial
 security under this item exceeding forty thousand dollars;
   (c) for fifty-one to one hundred wells, forty thousand  dollars,  plus
 twenty-five  hundred dollars per well in excess of fifty wells, provided
 that the operator shall not be required to  provide  financial  security
 under this item exceeding seventy thousand dollars;
   (d)  for  over one hundred wells, seventy thousand dollars, plus twen-
 ty-five hundred dollars  per  well  in  excess  of  one  hundred  wells,
 provided  that  the  operator shall not be required to provide financial
 security under this item exceeding one hundred thousand dollars.

 S. 7508--A                         186                        A. 9508--A

   (ii) for wells between two thousand five hundred feet and six thousand
 feet in depth:
   (a)  five  thousand  dollars per well provided that the operator shall
 not be required to provide financial security under this item  exceeding
 forty thousand dollars for up to twenty-five wells;
   (b)  for  twenty-six to fifty wells, forty thousand dollars, plus five
 thousand dollars per well in excess of twenty-five wells, provided  that
 the  operator  shall not be required to provide financial security under
 this item exceeding sixty thousand dollars;
   (c) for fifty-one to one hundred wells, sixty thousand  dollars,  plus
 five  thousand  dollars per well in excess of fifty wells, provided that
 the operator shall not be required to provide financial  security  under
 this item exceeding one hundred fifty thousand dollars;
   (d)  for  over  one  hundred wells, one hundred thousand dollars, plus
 five thousand dollars per well in excess of one hundred wells,  provided
 that  the  operator  shall not be required to provide financial security
 under this item exceeding one hundred fifty thousand dollars].
   (2) [In the event that an  operator  shall  have  wells  described  in
 clauses  (i)  and (ii) of subparagraph (1) of this paragraph, in lieu of
 providing financial security under the provisions of each  such  clause,
 such  operator  may  file  financial  security as if all such wells were
 between two thousand five hundred feet and six thousand feet in depth.
   (3) For wells greater than six thousand feet in  depth,  the  operator
 may be required to provide additional financial security consistent with
 criteria  contained  in  rules and regulation to be adopted to implement
 this subparagraph] FOR ALL WELLS THAT REQUIRE  FINANCIAL  SECURITY,  THE
 OPERATOR SHALL PROVIDE THE DEPARTMENT WITH FINANCIAL SECURITY CONSISTENT
 WITH  CRITERIA  CONTAINED  IN  RULES AND REGULATIONS, AND ANY SUBSEQUENT
 RULES AND REGULATIONS ADOPTED BY THE DEPARTMENT TO IMPLEMENT THIS  ARTI-
 CLE.  THE DEPARTMENT IS AUTHORIZED TO ADOPT RULES AND REGULATIONS DETER-
 MINING  THE  AMOUNT,  TYPE,  CONDITIONS,  AND  TERMS  OF  THE  FINANCIAL
 SECURITY.
   §  4. Subdivision 14 of section 23-0305 of the environmental conserva-
 tion law, as added by chapter 410 of the laws of 1987 and paragraph f as
 amended by chapter 386 of the laws  of  2005,  is  amended  to  read  as
 follows:
   14.  With respect to wells drilled deeper than five hundred feet below
 the earth's surface for the purpose of conducting  stratigraphic  tests,
 for  finding  or  producing  hot water or steam, for injecting fluids to
 recover heat from the surrounding geologic materials or for the disposal
 of brines, the department shall have the power to:
   a. Require all exploration, drilling and development operations to  be
 conducted  in accordance with standards promulgated by the department in
 rules and regulations.
   b. Conduct investigations to determine the extent of  compliance  with
 this section and all rules, regulations and orders issued pursuant ther-
 eto.
   c.  Classify  [a  well  as  one  subject  to]  AND RECLASSIFY WELLS OR
 AFFECTED LANDS AS ABANDONED OR ORPHANED, TO WELLS  OR  UNRESTORED  LANDS
 REGULATED  PURSUANT  TO  TITLES  1,  3,  5,  7, 9, 11, 13 AND 19 OF this
 [section] ARTICLE and require [its] WELL identification as a geothermal,
 stratigraphic or brine disposal well.
   d. Require the drilling, casing, operation, plugging and replugging of
 wells subject to this section and reclamation  of  surrounding  land  in
 accordance with rules and regulations of the department.

 S. 7508--A                         187                        A. 9508--A

   e.  Enter,  take  temporary  possession of, REPAIR, plug or replug any
 abandoned OR ORPHANED well [subject to this section] as provided in  the
 rules and regulations, whenever the well's owner or operator neglects or
 refuses to comply with such rules and regulations. Such REPAIRING, plug-
 ging  or  replugging  by  the  department shall be at the expense of the
 owner or operator whose duty it shall be to REPAIR OR plug the well  and
 who shall hold harmless the state of New York for all accounts, damages,
 costs  and  judgments arising from the REPAIRING, plugging or replugging
 of the well and the surface restoration of the affected land.
   f. (1) Require that  the  operator  furnish  to  the  department,  and
 continuously  maintain,  a  bond or other financial security conditioned
 upon the satisfactory performance of the operator's plugging AND SURFACE
 RESTORATION responsibilities with respect to said [well] WELLS FOR WHICH
 THE DEPARTMENT SHALL HAVE ISSUED OR SHALL ISSUE PERMITS TO DRILL,  DEEP-
 EN,  CONVERT  OR PLUG BACK OR, FOR ALL WELLS SUBJECT TO THIS ARTICLE FOR
 WHICH REQUESTS FOR TRANSFERS OF WELL OPERATORSHIP, WHICH INCLUDES  PLUG-
 GING  AND  SURFACE  RESTORATION  RESPONSIBILITIES,  ARE  APPROVED BY THE
 DEPARTMENT ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS  OF
 TWO  THOUSAND  TWENTY  THAT  AMENDED  THIS PARAGRAPH. The failure of any
 operator to maintain a bond or other financial  security  as  prescribed
 herein  shall  be  deemed  a  breach of plugging AND SURFACE RESTORATION
 responsibilities and entitle the department to claim the proceeds of the
 bond or other financial security. Such bond or other financial  security
 shall  be  for  an  amount  as determined [pursuant to the provisions of
 paragraph k of subdivision eight of this section] BY AND  ACCEPTABLE  TO
 THE DEPARTMENT.
   (2)  FOR ALL WELLS THAT REQUIRE FINANCIAL SECURITY, THE OPERATOR SHALL
 PROVIDE THE DEPARTMENT WITH FINANCIAL SECURITY CONSISTENT WITH  CRITERIA
 CONTAINED  IN  RULES AND REGULATIONS, AND ANY SUBSEQUENT RULES AND REGU-
 LATIONS ADOPTED BY THE DEPARTMENT TO IMPLEMENT THIS ARTICLE. THE DEPART-
 MENT IS AUTHORIZED  TO  ADOPT  RULES  AND  REGULATIONS  DETERMINING  THE
 AMOUNT, TYPE, CONDITIONS, AND TERMS OF THE FINANCIAL SECURITY.
   g.  In  addition to the powers provided for in titles one, three, five
 and thirteen of article seventy-one of this chapter, order an  immediate
 suspension  of  operations  carried  on in violation of the oil, gas and
 solution mining law or any rule or regulation promulgated thereunder  or
 order issued pursuant thereto.
   h.  Require  the  immediate  reporting  of  any  non-routine incident,
 including but not limited to casing  and  drill  pipe  failures,  casing
 cement failures, fishing jobs, fires, seepages, blowouts and other inci-
 dents  during  drilling,  completion,  producing, plugging or replugging
 operations that may affect the health, safety, welfare  or  property  of
 any  person  or which may be injurious to plants or animals. The depart-
 ment may require the operator or any agent thereof to record and provide
 any data which the department believes may be of use for adequate evalu-
 ation of a non-routine incident.
   i. Require the taking and making of logs, samples, directional surveys
 and reports on  locations,  elevations,  drilling  and  production,  and
 further require filing of such information pursuant to the provisions of
 the  oil,  gas  and  solution  mining law. Upon the request of the state
 geologist, the department shall cause such samples or copies of  records
 and reports to be furnished to the state geologist.
   j.  Give notice to persons engaged in underground mining operations of
 the commencement of any phase of  geothermal,  stratigraphic  and  brine
 disposal well operations which may affect the safety of such underground
 mining  operations  or of the mining properties involved. The department

 S. 7508--A                         188                        A. 9508--A
 
 shall not be required to furnish any notice required by  this  paragraph
 unless the person or persons engaged in underground mining operations or
 having  rights  in mining properties have notified the department of the
 existence  and location of such underground mining operations or proper-
 ties.
   § 5. This act shall take effect immediately.
 
                                  PART WW
 
   Section 1. Subdivision 3  of  section  23-0501  of  the  environmental
 conservation  law is renumbered subdivision 4 and a new subdivision 3 is
 added to read as follows:
   3. NO PERMITS SHALL BE ISSUED AUTHORIZING AN APPLICANT TO DRILL, DEEP-
 EN, PLUG BACK, OR CONVERT WELLS THAT USE HIGH-VOLUME HYDRAULIC  FRACTUR-
 ING TO COMPLETE OR RECOMPLETE NATURAL GAS RESOURCES. FOR PURPOSE OF THIS
 SECTION, HIGH-VOLUME HYDRAULIC FRACTURING SHALL BE DEFINED AS THE STIMU-
 LATION  OF  A WELL USING THREE HUNDRED THOUSAND OR MORE GALLONS OF WATER
 AS THE BASE FLUID FOR HYDRAULIC FRACTURING FOR  ALL  STAGES  IN  A  WELL
 COMPLETION,  REGARDLESS  OF WHETHER THE WELL IS VERTICAL OR DIRECTIONAL,
 INCLUDING HORIZONTAL.
   § 2. This act shall take effect immediately.
 
                                  PART XX
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 102-c to read as follows:
   §  102-C. BICYCLE WITH ELECTRIC ASSIST. EVERY MOTOR VEHICLE, INCLUDING
 ONE PARTIALLY POWERED BY HUMAN POWER, OTHER THAN ONE REGISTERED OR CAPA-
 BLE OF BEING REGISTERED PURSUANT TO THIS  CHAPTER  AS  A  MOTORCYCLE  OR
 LIMITED  USE  MOTORCYCLE,  HAVING  A SEAT OR A SADDLE FOR THE USE OF THE
 RIDER AND DESIGNED TO TRAVEL ON TWO WHEELS WHICH HAS AN  ELECTRIC  MOTOR
 NO  GREATER  THAN  SEVEN  HUNDRED  FIFTY  WATTS,  EQUIPPED WITH OPERABLE
 PEDALS, MEETING THE EQUIPMENT AND MANUFACTURING REQUIREMENTS  FOR  BICY-
 CLES  ADOPTED  BY THE CONSUMER PRODUCT SAFETY COMMISSION UNDER 16 C.F.R.
 PART 1512.1 ET SEQ. AND MEETING THE REQUIREMENTS OF ONE OF THE FOLLOWING
 THREE CLASSES:
   (A) "CLASS ONE BICYCLE WITH ELECTRIC ASSIST." A BICYCLE WITH  ELECTRIC
 ASSIST  HAVING  AN ELECTRIC MOTOR THAT PROVIDES ASSISTANCE ONLY WHEN THE
 PERSON OPERATING SUCH BICYCLE WITH ELECTRIC ASSIST IS PEDALING, AND THAT
 CEASES TO PROVIDE ASSISTANCE WHEN  SUCH  BICYCLE  WITH  ELECTRIC  ASSIST
 REACHES A SPEED OF TWENTY MILES PER HOUR.
   (B)  "CLASS TWO BICYCLE WITH ELECTRIC ASSIST." A BICYCLE WITH ELECTRIC
 ASSIST HAVING AN ELECTRIC MOTOR THAT MAY BE USED EXCLUSIVELY  TO  PROPEL
 SUCH  BICYCLE WITH ELECTRIC ASSIST, AND THAT IS NOT CAPABLE OF PROVIDING
 ASSISTANCE WHEN SUCH BICYCLE WITH ELECTRIC ASSIST  REACHES  A  SPEED  OF
 TWENTY MILES PER HOUR.
   (C)  "CLASS  THREE BICYCLE WITH ELECTRIC ASSIST." SOLELY WITHIN A CITY
 HAVING A POPULATION OF ONE MILLION OR  MORE,  A  BICYCLE  WITH  ELECTRIC
 ASSIST  HAVING  AN ELECTRIC MOTOR THAT MAY BE USED EXCLUSIVELY TO PROPEL
 SUCH BICYCLE WITH ELECTRIC ASSIST, AND THAT IS NOT CAPABLE OF  PROVIDING
 ASSISTANCE  WHEN  SUCH  BICYCLE  WITH ELECTRIC ASSIST REACHES A SPEED OF
 TWENTY-FIVE MILES PER HOUR.
   § 2. Section 125 of the vehicle and traffic law, as amended by chapter
 365 of the laws of 2008, is amended to read as follows:
   § 125. Motor vehicles. Every vehicle operated or driven upon a  public
 highway  which  is  propelled  by  any  power other than muscular power,

 S. 7508--A                         189                        A. 9508--A
 
 except (a) electrically-driven mobility assistance devices  operated  or
 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,  (A-2)  BICYCLE  WITH  ELECTRIC  ASSIST AS DEFINED IN
 SECTION ONE HUNDRED TWO-C OF THIS ARTICLE, (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. 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.
   §  3. Subparagraph b of paragraph 1 of subdivision (a) of section 1202
 of the vehicle and traffic law, as amended by chapter 679 of the laws of
 1970, is amended to read as follows:
   b. On a sidewalk, EXCEPT A BICYCLE WITH ELECTRIC ASSIST AS DEFINED  IN
 SECTION ONE HUNDRED TWO-C OF THIS CHAPTER;
   § 4. The article heading of article 34 of the vehicle and traffic law,
 as  amended  by  chapter  694 of the laws of 1995, is amended to read as
 follows:
                      OPERATION OF BICYCLES [AND], PLAY
                 DEVICES AND BICYCLES WITH ELECTRIC ASSIST
   § 5. Section 1231 of the vehicle and traffic law, as amended by  chap-
 ter 694 of the laws of 1995, is amended to read as follows:
   § 1231. Traffic  laws  apply  to persons riding bicycles or skating or
 gliding on in-line skates OR PERSONS OPERATING  BICYCLES  WITH  ELECTRIC
 ASSIST;  LOCAL  LAWS.    1.  Every person riding a bicycle or skating or
 gliding on in-line skates upon a roadway shall be  granted  all  of  the
 rights and shall be subject to all of the duties applicable to the driv-
 er  of a vehicle by this title, except as to special regulations in this
 article and except as to those provisions of this title which  by  their
 nature can have no application.
   2.  (A)  EXCEPT  AS  PROVIDED  BY LOCAL LAW, ORDINANCE, ORDER, RULE OR
 REGULATION ENACTED OR PROMULGATED PURSUANT  TO  PARAGRAPH  (B)  OF  THIS
 SUBDIVISION,  BICYCLES  WITH  ELECTRIC  ASSIST  MAY  ONLY BE OPERATED ON
 PUBLIC HIGHWAYS WITH A POSTED SPEED LIMIT OF THIRTY MILES  PER  HOUR  OR
 LESS,  INCLUDING  NON-INTERSTATE  PUBLIC HIGHWAYS, PRIVATE ROADS OPEN TO
 MOTOR VEHICLE TRAFFIC, AND DESIGNATED BICYCLE OR  IN-LINE  SKATE  LANES.
 EVERY  PERSON OPERATING A BICYCLE WITH ELECTRIC ASSIST UPON A HIGHWAY OR
 ROADWAY SHALL BE GRANTED ALL OF THE RIGHTS AND SHALL BE SUBJECT  TO  ALL
 OF  THE  DUTIES  APPLICABLE  TO  THE  DRIVER OF A VEHICLE BY THIS TITLE,
 EXCEPT AS TO SPECIAL REQUIREMENTS IN THIS ARTICLE AND EXCEPT AS TO THOSE
 PROVISIONS OF THIS TITLE WHICH BY THEIR NATURE CAN HAVE NO APPLICATION.
   (B) THE GOVERNING BODY OF ANY COUNTY, CITY, TOWN OR  VILLAGE  MAY,  BY
 LOCAL  LAW,  ORDINANCE,  ORDER, RULE OR REGULATION, FURTHER REGULATE THE
 MAXIMUM SPEED, TIME, PLACE AND MANNER OF THE OPERATION OF A BICYCLE WITH
 ELECTRIC ASSIST INCLUDING REQUIRING THE USE OF PROTECTIVE  HEADWEAR  AND
 WEARING READILY VISIBLE REFLECTIVE CLOTHING OR MATERIAL, AND LIMITING OR
 PROHIBITING THE USE THEREOF IN SPECIFIED AREAS UNDER THE JURISDICTION OF
 SUCH COUNTY, CITY, TOWN OR VILLAGE OR PROHIBIT ENTIRELY THE USE OF BICY-
 CLES  WITH  ELECTRIC  ASSIST  WITHIN SUCH COUNTY, CITY, TOWN OR VILLAGE.
 NOTWITHSTANDING TITLE EIGHT OF THIS CHAPTER, THE GOVERNING BODY  OF  ANY

 S. 7508--A                         190                        A. 9508--A
 
 COUNTY,  CITY,  TOWN  OR VILLAGE SHALL NOT AUTHORIZE THE USE OF BICYCLES
 WITH ELECTRIC ASSIST UPON SIDEWALKS OR REGULATE THE PARKING, STANDING OR
 STOPPING OF BICYCLES WITH ELECTRIC ASSIST ON SIDEWALKS.
   §  6.  The  vehicle and traffic law is amended by adding a new section
 1232-a to read as follows:
   § 1232-A. OPERATING BICYCLES WITH ELECTRIC  ASSIST.  1.  EVERY  PERSON
 OPERATING A BICYCLE WITH ELECTRIC ASSIST SHALL YIELD THE RIGHT OF WAY TO
 PEDESTRIANS.
   2.  EVERY  OPERATOR OF A BICYCLE WITH ELECTRIC ASSIST SHALL BE SIXTEEN
 YEARS OF AGE OR OLDER.
   3. THE OPERATION OF A CLASS THREE BICYCLE WITH ELECTRIC ASSIST OUTSIDE
 A CITY HAVING A POPULATION OF ONE MILLION OR MORE IS PROHIBITED.
   4. NO PERSON SHALL OPERATE A CLASS ONE OR CLASS TWO BICYCLE WITH ELEC-
 TRIC ASSIST IN EXCESS OF TWENTY MILES PER HOUR. NO PERSON SHALL  OPERATE
 A  CLASS  THREE  BICYCLE  WITH  ELECTRIC ASSIST IN EXCESS OF TWENTY-FIVE
 MILES PER HOUR.
   5. NO PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST ON  A  SIDE-
 WALK.
   6. A FIRST VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL RESULT IN
 NO  FINE.  A SECOND OR SUBSEQUENT VIOLATION SHALL RESULT IN A CIVIL FINE
 NOT TO EXCEED FIFTY DOLLARS.
   § 7. Subdivision 1 of section 1233 of the vehicle and traffic law,  as
 amended  by  chapter  703  of  the  laws  of 2004, is amended to read as
 follows:
   1. No person OPERATING A BICYCLE WITH ELECTRIC ASSIST OR  riding  upon
 any  bicycle, coaster, in-line skates, roller skates, skate board, sled,
 or toy vehicle shall attach the same or himself or herself to any  vehi-
 cle being operated upon a roadway.
   §  8. Section 1234 of the vehicle and traffic law, as amended by chap-
 ter 16 of the laws of 1996, is amended to read as follows:
   § 1234. Riding OR OPERATING on roadways, shoulders, bicycle or in-line
 skate lanes [and], bicycle or in-line skate paths   AND  LANES  RESERVED
 FOR  NON-MOTORIZED  VEHICLES  AND  DEVICES.   (a) Upon all roadways, any
 bicycle, BICYCLE WITH ELECTRIC ASSIST or in-line skate shall  be  driven
 OR  OPERATED  either  on a usable bicycle or in-line skate lane or, if a
 usable bicycle or in-line skate lane has not  been  provided,  near  the
 right-hand  curb  or  edge  of  the  roadway or upon a usable right-hand
 shoulder in such a manner as to prevent undue interference with the flow
 of traffic except when preparing for a  left  turn  or  when  reasonably
 necessary  to  avoid  conditions  that  would make it unsafe to continue
 along near the right-hand curb or edge.  Conditions  to  be  taken  into
 consideration  include, but are not limited to, fixed or moving objects,
 vehicles,  bicycles,  in-line  skates,  pedestrians,  animals,   surface
 hazards or traffic lanes too narrow for a bicycle, BICYCLE WITH ELECTRIC
 ASSIST  or person on in-line skates and a vehicle to travel safely side-
 by-side within the lane.
   (b) Persons riding bicycles or skating or gliding  on  in-line  skates
 upon  a  roadway shall not ride more than two abreast. PERSONS OPERATING
 BICYCLES WITH ELECTRIC ASSIST UPON A ROADWAY  SHALL  RIDE  SINGLE  FILE.
 Persons riding bicycles or skating or gliding on in-line skates OR OPER-
 ATING A BICYCLE WITH ELECTRIC ASSIST upon a shoulder, bicycle or in-line
 skate  lane,  or bicycle or in-line skates path, intended for the use of
 bicycles, ELECTRIC PERSONAL ASSISTIVE  MOBILITY  DEVICE,  BICYCLES  WITH
 ELECTRIC  ASSIST,  or  in-line  skates  may  ride two or more abreast if
 sufficient space is available, except that when passing a vehicle, bicy-
 cle [or], ELECTRIC PERSONAL  ASSISTIVE  MOBILITY  DEVICE,  BICYCLE  WITH

 S. 7508--A                         191                        A. 9508--A
 
 ELECTRIC  ASSIST,  person  on in-line skates, or pedestrian, standing or
 proceeding along such shoulder, lane or path, persons  riding  bicycles,
 OPERATING  BICYCLES  WITH  ELECTRIC  ASSIST,  or  skating  or gliding on
 in-line skates shall ride, OPERATE, skate, or glide single file. Persons
 riding  bicycles  or skating or gliding on in-line skates upon a roadway
 shall ride, skate, or glide single file when being overtaken by a  vehi-
 cle.
   (c)  Any  person  operating a bicycle, BICYCLE WITH ELECTRIC ASSIST or
 skating or gliding on in-line skates who is entering the roadway from  a
 private  road,  driveway, alley or over a curb shall come to a full stop
 before entering the roadway.
   § 9. Section 1235 of the vehicle and traffic law, as amended by  chap-
 ter 703 of the laws of 2004, is amended to read as follows:
   § 1235. Carrying  articles.  No person operating a bicycle shall carry
 any package, bundle, or article which prevents the driver  from  keeping
 at  least  one hand upon the handle bars.  NO PERSON OPERATING A BICYCLE
 WITH ELECTRIC ASSIST SHALL CARRY ANY PACKAGE, BUNDLE  OR  ARTICLE  WHICH
 PREVENTS  THE  OPERATOR  FROM  KEEPING AT LEAST ONE HAND UPON THE HANDLE
 BARS OR WHICH OBSTRUCTS HIS OR HER VISION. No person skating or  gliding
 on  in-line  skates  shall  carry  any package, bundle, or article which
 obstructs his or her vision in any  direction.  No  person  operating  a
 skate  board shall carry any package, bundle, or article which obstructs
 his or her vision in any direction.
   § 10. Section 1236 of the vehicle and traffic law, subdivision (a)  as
 amended  by  chapter 16 of the laws of 2009 and subdivisions (d) and (e)
 as added by chapter 887 of the laws of  1976,  is  amended  to  read  as
 follows:
   § 1236. Lamps  and other equipment on bicycles AND BICYCLES WITH ELEC-
 TRIC ASSIST. (a) Every bicycle OR BICYCLE WITH ELECTRIC ASSIST  when  in
 use  during  the period from one-half hour after sunset to one-half hour
 before sunrise shall be equipped with a lamp on the  front  which  shall
 emit  a  white light visible during hours of darkness from a distance of
 at least five hundred feet to the front and with a red  or  amber  light
 visible  to the rear for three hundred feet. Effective July first, nine-
 teen hundred seventy-six, at least one of these lights shall be  visible
 for two hundred feet from each side.
   (b)  No person shall operate a bicycle OR BICYCLE WITH ELECTRIC ASSIST
 unless it is equipped with a bell or other device capable  of  giving  a
 signal  audible for a distance of at least one hundred feet, except that
 a bicycle OR BICYCLE WITH ELECTRIC ASSIST shall not be equipped with nor
 shall any person use upon a bicycle OR BICYCLE WITH ELECTRIC ASSIST  any
 siren or whistle.
   (c) Every bicycle shall be equipped with a brake which will enable the
 operator  to  make the braked wheels skid on dry, level, clean pavement.
 EVERY BICYCLE WITH ELECTRIC ASSIST SHALL BE EQUIPPED WITH A SYSTEM  THAT
 ENABLES THE OPERATOR TO BRING THE DEVICE TO A CONTROLLED STOP.
   (d)  Every  new  bicycle  shall  be equipped with reflective tires or,
 alternately, a reflex reflector mounted on the  spokes  of  each  wheel,
 said  tires  and reflectors to be of types approved by the commissioner.
 The reflex reflector mounted on the front wheel shall  be  colorless  or
 amber,  and  the  reflex  reflector  mounted  on the rear wheel shall be
 colorless or red.
   (e) Every bicycle when in use during the  period  from  one-half  hour
 after  sunset  to  one-half  hour  before sunrise shall be equipped with
 reflective devices or material  meeting  the  standards  established  by
 rules  and regulations promulgated by the commissioner; provided, howev-

 S. 7508--A                         192                        A. 9508--A
 
 er, that such standards shall not  be  inconsistent  with  or  otherwise
 conflict  with  the  requirements  of  subdivisions  (a) and (d) of this
 section.
   §  11.  The section heading of section 1238 of the vehicle and traffic
 law, as amended by chapter 267 of the laws of 1993, is amended  to  read
 as follows:
   Passengers  on  bicycles  under one year of age prohibited; passengers
 and operators under fourteen years of age to wear  protective  headgear;
 OPERATORS  OF  CLASS THREE BICYCLES WITH ELECTRIC ASSIST TO WEAR PROTEC-
 TIVE HEADGEAR.
   § 12. Section 1238 of the vehicle and traffic law is amended by adding
 a new subdivision 5-c to read as follows:
   5-C. NO PERSON SHALL RIDE UPON, PROPEL OR OTHERWISE  OPERATE  A  CLASS
 THREE  BICYCLE  WITH  ELECTRIC  ASSIST  UNLESS  SUCH PERSON IS WEARING A
 HELMET MEETING  STANDARDS  ESTABLISHED  BY  THE  COMMISSIONER.  FOR  THE
 PURPOSES  OF  THIS SUBDIVISION, WEARING A HELMET MEANS HAVING A PROPERLY
 FITTING HELMET FIXED SECURELY ON THE HEAD OF SUCH WEARER WITH THE HELMET
 STRAPS SECURELY FASTENED.
   § 13. Subdivision 6 of section 1238 of the vehicle and traffic law, as
 added by chapter 267 of the laws of 1993, paragraph (a)  as  amended  by
 chapter 402 of the laws of 2001, and paragraph (c) as amended by chapter
 703 of the laws of 2004, is amended to read as follows:
   6.  (a)  Any  person  who violates the provisions of subdivision five,
 five-a [or], five-b OR FIVE-C of this section shall pay a civil fine not
 to exceed fifty dollars.
   (b) The court shall waive any fine for which a person who violates the
 provisions of subdivision five AND SUBDIVISION FIVE-C  of  this  section
 would  be  liable  if  such  person  supplies  the court with proof that
 between the date of violation and the appearance date for such violation
 such person purchased or rented a helmet.
   (c) The court may waive any fine for which a person who  violates  the
 provisions  of  subdivision five, five-a, [or] five-b, OR FIVE-C of this
 section would be liable if the  court  finds  that  due  to  reasons  of
 economic  hardship such person was unable to purchase a helmet or due to
 such economic hardship such person was unable to obtain  a  helmet  from
 the  statewide in-line skate and bicycle helmet distribution program, as
 established in section two hundred six of the public health  law,  or  a
 local  distribution program.  SUCH WAIVER OF A FINE SHALL NOT APPLY TO A
 SECOND  OR  SUBSEQUENT  CONVICTION  UNDER  SUBDIVISION  FIVE-C  OF  THIS
 SECTION.
   § 14. Subdivision 8 of section 1238 of the vehicle and traffic law, as
 amended  by  chapter  694  of  the  laws  of 1995, is amended to read as
 follows:
   8. A police officer shall only issue a  summons  for  a  violation  of
 subdivision  two,  five,  [or]  five-a,  OR  FIVE-C of this section by a
 person less than fourteen years of age to the parent or guardian of such
 person if the violation by such person occurs in the  presence  of  such
 person's  parent  or guardian and where such parent or guardian is eigh-
 teen years of age or more. Such summons shall only  be  issued  to  such
 parent  or  guardian,  and  shall  not be issued to the person less than
 fourteen years of age.
   § 15. Section 1240 of the vehicle and traffic law, as added by chapter
 468 of the laws of 2001, is amended to read as follows:
   § 1240. Leaving the scene of an incident involving a  wheeled  non-mo-
 torized  means of conveyance OR INVOLVING A BICYCLE WITH ELECTRIC ASSIST
 without reporting in the second degree. 1. Any person age eighteen years

 S. 7508--A                         193                        A. 9508--A
 
 or older operating a wheeled non-motorized means of conveyance,  includ-
 ing,  but  not  limited  to  bicycles, in-line skates, roller skates and
 skate boards, OR OPERATING A BICYCLE WITH ELECTRIC ASSIST, who,  knowing
 or having cause to know, that physical injury, as defined in subdivision
 nine  of  section  10.00  of  the  penal law, has been caused to another
 person, due to the operation of such non-motorized means  of  conveyance
 OR  BICYCLE  WITH  ELECTRIC ASSIST by such person, shall, before leaving
 the place where the said physical injury occurred, stop, and provide his
 name and residence, including street and street number, to  the  injured
 party,  if practical, and also to a police officer, or in the event that
 no police officer is in the vicinity of the place of said  injury,  then
 such person shall report said incident as soon as physically able to the
 nearest police station or judicial officer.
   2.  Leaving the scene of an incident involving a wheeled non-motorized
 means of conveyance OR INVOLVING A BICYCLE WITH ELECTRIC ASSIST  without
 reporting in the second degree is a violation.
   § 16. Section 1241 of the vehicle and traffic law, as added by chapter
 468 of the laws of 2001, is amended to read as follows:
   §  1241.  Leaving the scene of an incident involving a wheeled non-mo-
 torized means of conveyance OR INVOLVING A BICYCLE WITH ELECTRIC  ASSIST
 without reporting in the first degree.  1. Any person age eighteen years
 or  older operating a wheeled non-motorized means of conveyance, includ-
 ing, but not limited to bicycles,  in-line  skates,  roller  skates  and
 skate  boards, OR OPERATING A BICYCLE WITH ELECTRIC ASSIST, who, knowing
 or having cause to know, that serious physical  injury,  as  defined  in
 subdivision  ten  of  section 10.00 of the penal law, has been caused to
 another person, due to the operation  of  such  non-motorized  means  of
 conveyance OR BICYCLE WITH ELECTRIC ASSIST by such person, shall, before
 leaving the place where the said serious physical injury occurred, stop,
 and  provide his name and residence, including street and street number,
 to the injured party, if practical, and also to a police officer, or  in
 the event that no police officer is in the vicinity of the place of said
 injury,  then  such  person  shall report said incident as soon as phys-
 ically able to the nearest police station or judicial officer.
   2. Leaving the scene of an incident involving a wheeled  non-motorized
 means  of conveyance OR INVOLVING A BICYCLE WITH ELECTRIC ASSIST without
 reporting in the first degree is a class B misdemeanor.
   § 17. The vehicle and traffic law is amended by adding a  new  section
 1242 to read as follows:
   §  1242.  OPERATION  OF A BICYCLE WITH ELECTRIC ASSIST WHILE UNDER THE
 INFLUENCE OF ALCOHOL OR DRUGS. 1. OFFENSES; CRIMINAL PENALTIES.  (A)  NO
 PERSON  SHALL  OPERATE  A  BICYCLE WITH ELECTRIC ASSIST WHILE HIS OR HER
 ABILITY TO OPERATE SUCH BICYCLE WITH ELECTRIC ASSIST IS IMPAIRED BY  THE
 CONSUMPTION OF ALCOHOL.
   (I)  A  VIOLATION OF THIS SUBDIVISION SHALL BE AN OFFENSE AND SHALL BE
 PUNISHABLE BY A FINE OF NOT LESS THAN THREE  HUNDRED  DOLLARS  NOR  MORE
 THAN FIVE HUNDRED DOLLARS, OR BY IMPRISONMENT IN A PENITENTIARY OR COUN-
 TY  JAIL FOR NOT MORE THAN FIFTEEN DAYS, OR BY BOTH SUCH FINE AND IMPRI-
 SONMENT.
   (II) A PERSON WHO OPERATES A BICYCLE WITH ELECTRIC ASSIST IN VIOLATION
 OF THIS SUBDIVISION AFTER BEING CONVICTED OF A VIOLATION OF ANY SUBDIVI-
 SION OF THIS SECTION WITHIN THE PRECEDING FIVE YEARS SHALL  BE  PUNISHED
 BY  A  FINE  OF  NOT  LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN SEVEN
 HUNDRED FIFTY DOLLARS, OR BY IMPRISONMENT OF NOT MORE THAN  THIRTY  DAYS
 IN A PENITENTIARY OR COUNTY JAIL OR BY BOTH SUCH FINE AND IMPRISONMENT.

 S. 7508--A                         194                        A. 9508--A
 
   (III)  A  PERSON  WHO  OPERATES  A  BICYCLE  WITH  ELECTRIC  ASSIST IN
 VIOLATION OF THIS SUBDIVISION AFTER BEING CONVICTED TWO OR MORE TIMES OF
 A VIOLATION OF ANY SUBDIVISION OF THIS SECTION WITHIN THE PRECEDING  TEN
 YEARS  SHALL BE GUILTY OF A MISDEMEANOR, AND SHALL BE PUNISHED BY A FINE
 OF  NOT  LESS  THAN  SEVEN  HUNDRED  FIFTY DOLLARS NOR MORE THAN FIFTEEN
 HUNDRED DOLLARS, OR BY IMPRISONMENT OF NOT MORE THAN ONE HUNDRED  EIGHTY
 DAYS IN A PENITENTIARY OR COUNTY JAIL OR BY BOTH SUCH FINE AND IMPRISON-
 MENT.
   (B) NO PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST WHILE HE OR
 SHE HAS .08 OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN HIS OR HER
 BLOOD, BREATH, URINE, OR SALIVA, AS DETERMINED BY THE CHEMICAL TEST MADE
 PURSUANT TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION.
   (C) NO PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST WHILE HE OR
 SHE IS IN AN INTOXICATED CONDITION.
   (D)  NO  PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST WHILE HIS
 OR HER ABILITY TO OPERATE SUCH BICYCLE WITH ELECTRIC ASSIST IS  IMPAIRED
 BY  THE  USE  OF  A DRUG AS DEFINED BY SECTION ONE HUNDRED FOURTEEN-A OF
 THIS CHAPTER.
   (E) NO PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST  WHILE  HIS
 OR  HER ABILITY TO OPERATE SUCH BICYCLE WITH ELECTRIC ASSIST IS IMPAIRED
 BY THE COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG  OR  DRUGS
 AS DEFINED BY SECTION ONE HUNDRED FOURTEEN-A OF THIS CHAPTER.
   (F)  (I) A VIOLATION OF PARAGRAPH (B), (C), (D), OR (E) OF THIS SUBDI-
 VISION SHALL BE A MISDEMEANOR AND SHALL BE PUNISHABLE BY IMPRISONMENT IN
 A PENITENTIARY OR COUNTY JAIL FOR NOT MORE THAN ONE YEAR, OR BY  A  FINE
 OF  NOT  LESS  THAN  FIVE  HUNDRED  DOLLARS  NOR  MORE THAN ONE THOUSAND
 DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (II) A PERSON WHO OPERATES A BICYCLE WITH ELECTRIC ASSIST IN VIOLATION
 OF PARAGRAPH (B), (C), (D) OR (E) OF THIS SUBDIVISION AFTER HAVING  BEEN
 CONVICTED  OF  A  VIOLATION  OF  PARAGRAPH  (B), (C), (D) OR (E) OF THIS
 SUBDIVISION, OR OF OPERATING A BICYCLE WITH ELECTRIC ASSIST WHILE INTOX-
 ICATED OR WHILE UNDER  THE  INFLUENCE  OF  DRUGS,  OR  WHILE  UNDER  THE
 COMBINED  INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS, WITHIN
 THE PRECEDING TEN YEARS, SHALL BE GUILTY OF A CLASS E FELONY  AND  SHALL
 BE PUNISHED BY A PERIOD OF IMPRISONMENT AS PROVIDED IN THE PENAL LAW, OR
 BY A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN FIVE THOU-
 SAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (III)  A  PERSON  WHO  OPERATES  A  BICYCLE  WITH  ELECTRIC  ASSIST IN
 VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF  THIS  SUBDIVISION  AFTER
 HAVING BEEN TWICE CONVICTED OF A VIOLATION OF ANY OF SUCH PARAGRAPH (B),
 (C), (D) OR (E) OF THIS SUBDIVISION OR OF OPERATING A BICYCLE WITH ELEC-
 TRIC  ASSIST WHILE INTOXICATED OR UNDER THE INFLUENCE OF DRUGS, OR WHILE
 UNDER THE COMBINED INFLUENCE OF DRUGS OR OF  ALCOHOL  AND  ANY  DRUG  OR
 DRUGS,  WITHIN  THE  PRECEDING  TEN  YEARS, SHALL BE GUILTY OF A CLASS D
 FELONY AND SHALL BE PUNISHED BY A FINE OF NOT  LESS  THAN  TWO  THOUSAND
 DOLLARS  NOR  MORE THAN TEN THOUSAND DOLLARS OR BY A PERIOD OF IMPRISON-
 MENT AS PROVIDED IN THE PENAL LAW, OR BY BOTH SUCH  FINE  AND  IMPRISON-
 MENT.
   2.  SENTENCING LIMITATIONS. NOTWITHSTANDING ANY PROVISION OF THE PENAL
 LAW, NO JUDGE OR MAGISTRATE SHALL IMPOSE  A  SENTENCE  OF  UNCONDITIONAL
 DISCHARGE  OR  A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVI-
 SION ONE OF THIS SECTION NOR SHALL HE OR SHE IMPOSE A SENTENCE OF CONDI-
 TIONAL DISCHARGE UNLESS SUCH CONDITIONAL DISCHARGE IS ACCOMPANIED  BY  A
 SENTENCE OF A FINE AS PROVIDED IN THIS SECTION.
   3.  SENTENCING:  PREVIOUS  CONVICTIONS. WHEN SENTENCING A PERSON FOR A
 VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE  OF  THIS

 S. 7508--A                         195                        A. 9508--A
 
 SECTION  PURSUANT  TO  SUBPARAGRAPH (II) OF PARAGRAPH (F) OF SUBDIVISION
 ONE OF THIS SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS  THE
 PERSON  MAY HAVE FOR A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR,
 OR  FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN THE
 PRECEDING TEN YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION  OF  PARA-
 GRAPH  (B),  (C), (D) OR (E) OF SUBDIVISION ONE OF THIS SECTION PURSUANT
 TO SUBPARAGRAPH (III) OF  PARAGRAPH  (F)  OF  SUBDIVISION  ONE  OF  THIS
 SECTION,  THE  COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY
 HAVE FOR A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR,  OR  FOUR-A
 OF  SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN THE PRECEDING
 TEN YEARS.  WHEN SENTENCING A PERSON FOR  A  VIOLATION  OF  SUBPARAGRAPH
 (II)  OF  PARAGRAPH  (A)  OF  SUBDIVISION ONE OF THIS SECTION, THE COURT
 SHALL CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY HAVE FOR A VIOLATION
 OF ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO  OF  THIS  TITLE
 WITHIN  THE  PRECEDING  FIVE  YEARS.  WHEN  SENTENCING  A  PERSON  FOR A
 VIOLATION OF SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION  ONE  OF
 THIS  SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE PERSON
 MAY HAVE FOR A VIOLATION OF ANY SUBDIVISION OF  SECTION  ELEVEN  HUNDRED
 NINETY-TWO OF THIS TITLE WITHIN THE PRECEDING TEN YEARS.
   4.  ARREST  AND TESTING. (A) NOTWITHSTANDING THE PROVISIONS OF SECTION
 140.10 OF THE CRIMINAL PROCEDURE LAW, A POLICE OFFICER  MAY,  WITHOUT  A
 WARRANT,  ARREST  A  PERSON,  IN CASE OF A VIOLATION OF ANY PARAGRAPH OF
 SUBDIVISION ONE OF THIS SECTION, IF SUCH VIOLATION IS  COUPLED  WITH  AN
 ACCIDENT  OR  COLLISION  IN WHICH SUCH PERSON IS INVOLVED, WHICH IN FACT
 HAD BEEN COMMITTED, THOUGH NOT IN THE POLICE OFFICER'S PRESENCE, WHEN HE
 OR SHE HAS REASONABLE CAUSE TO BELIEVE THAT THE VIOLATION WAS  COMMITTED
 BY  SUCH  PERSON.  FOR  THE PURPOSES OF THIS SUBDIVISION, POLICE OFFICER
 SHALL ALSO INCLUDE A PEACE OFFICER AUTHORIZED TO  ENFORCE  THIS  CHAPTER
 WHEN THE ALLEGED VIOLATION CONSTITUTES A CRIME.
   (B) BREATH TEST FOR OPERATORS OF BICYCLES WITH ELECTRIC ASSIST.  EVERY
 PERSON  OPERATING A BICYCLE WITH ELECTRIC ASSIST WHICH HAS BEEN INVOLVED
 IN AN ACCIDENT  OR  WHICH  IS  OPERATED  IN  VIOLATION  OF  ANY  OF  THE
 PROVISIONS  OF THIS SECTION WHICH REGULATE THE MANNER IN WHICH A BICYCLE
 WITH ELECTRIC ASSIST IS TO BE PROPERLY OPERATED SHALL, AT THE REQUEST OF
 A POLICE OFFICER, SUBMIT TO A BREATH TEST  TO  BE  ADMINISTERED  BY  THE
 POLICE  OFFICER.  IF SUCH TEST INDICATES THAT SUCH OPERATOR HAS CONSUMED
 ALCOHOL, THE POLICE OFFICER MAY REQUEST SUCH OPERATOR  TO  SUBMIT  TO  A
 CHEMICAL  TEST  IN  THE  MANNER  SET  FORTH  IN SUBDIVISION FIVE OF THIS
 SECTION.
   5. CHEMICAL TESTS. (A) ANY PERSON WHO OPERATES A BICYCLE WITH ELECTRIC
 ASSIST SHALL BE REQUESTED TO CONSENT TO A CHEMICAL TEST OF ONE  OR  MORE
 OF  THE  FOLLOWING:  BREATH,  BLOOD, URINE, OR SALIVA FOR THE PURPOSE OF
 DETERMINING THE ALCOHOLIC OR DRUG CONTENT OF HIS OR HER BLOOD,  PROVIDED
 THAT SUCH TEST IS ADMINISTERED AT THE DIRECTION OF A POLICE OFFICER: (I)
 HAVING REASONABLE CAUSE TO BELIEVE SUCH PERSON TO HAVE BEEN OPERATING IN
 VIOLATION  OF THIS SUBDIVISION OR PARAGRAPH (A), (B), (C), (D) OR (E) OF
 SUBDIVISION ONE OF THIS SECTION AND WITHIN TWO HOURS AFTER  SUCH  PERSON
 HAS  BEEN  PLACED UNDER ARREST FOR ANY SUCH VIOLATION OR (II) WITHIN TWO
 HOURS AFTER A BREATH TEST AS PROVIDED IN PARAGRAPH  (B)  OF  SUBDIVISION
 FOUR  OF  THIS  SECTION INDICATES THAT ALCOHOL HAS BEEN CONSUMED BY SUCH
 PERSON AND IN ACCORDANCE WITH THE RULES AND REGULATIONS  ESTABLISHED  BY
 THE POLICE FORCE OF WHICH THE OFFICER IS A MEMBER.
   (B)  FOR  THE  PURPOSE OF THIS SUBDIVISION "REASONABLE CAUSE" SHALL BE
 DETERMINED BY VIEWING THE  TOTALITY  OF  CIRCUMSTANCES  SURROUNDING  THE
 INCIDENT  WHICH,  WHEN  TAKEN  TOGETHER,  INDICATE THAT THE OPERATOR WAS
 OPERATING A BICYCLE WITH ELECTRIC ASSIST IN VIOLATION OF  ANY  PARAGRAPH

 S. 7508--A                         196                        A. 9508--A
 
 OF  SUBDIVISION ONE OF THIS SECTION. SUCH CIRCUMSTANCES MAY INCLUDE, BUT
 ARE NOT LIMITED TO: EVIDENCE THAT THE OPERATOR WAS OPERATING  A  BICYCLE
 WITH  ELECTRIC  ASSIST  IN  VIOLATION  OF ANY PROVISION OF THIS CHAPTER,
 LOCAL  LAW,  ORDINANCE,  ORDER,  RULE  OR REGULATION WHICH REGULATES THE
 MANNER IN WHICH A BICYCLE WITH ELECTRIC ASSIST BE PROPERLY  OPERATED  AT
 THE  TIME  OF  THE  INCIDENT;  ANY VISIBLE INDICATION OF ALCOHOL OR DRUG
 CONSUMPTION OR IMPAIRMENT BY THE OPERATOR; AND OTHER EVIDENCE  SURROUND-
 ING  THE CIRCUMSTANCES OF THE INCIDENT WHICH INDICATES THAT THE OPERATOR
 HAS BEEN OPERATING A BICYCLE WITH ELECTRIC ASSIST WHILE IMPAIRED BY  THE
 CONSUMPTION  OF  ALCOHOL  OR DRUGS OR WAS INTOXICATED AT THE TIME OF THE
 INCIDENT.
   6. CHEMICAL TEST EVIDENCE. (A) UPON THE TRIAL OF ANY  SUCH  ACTION  OR
 PROCEEDING  ARISING OUT OF ACTIONS ALLEGED TO HAVE BEEN COMMITTED BY ANY
 PERSON ARRESTED FOR A VIOLATION OF ANY PARAGRAPH OF SUBDIVISION  ONE  OF
 THIS SECTION, THE COURT SHALL ADMIT EVIDENCE OF THE AMOUNT OF ALCOHOL OR
 DRUGS  IN THE DEFENDANT'S BLOOD AS SHOWN BY A TEST ADMINISTERED PURSUANT
 TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION.
   (B) THE FOLLOWING EFFECT SHALL BE GIVEN TO EVIDENCE OF  BLOOD  ALCOHOL
 CONTENT,  AS  DETERMINED  BY  SUCH  TESTS,  OF  A  PERSON ARRESTED FOR A
 VIOLATION OF ANY PARAGRAPH OF SUBDIVISION ONE OF THIS  SECTION  AND  WHO
 WAS OPERATING A BICYCLE WITH ELECTRIC ASSIST:
   (I) EVIDENCE THAT THERE WAS .05 OF ONE PER CENTUM OR LESS BY WEIGHT OF
 ALCOHOL  IN  SUCH  PERSON'S BLOOD SHALL BE PRIMA FACIE EVIDENCE THAT THE
 ABILITY OF SUCH PERSON TO OPERATE A BICYCLE WITH ELECTRIC ASSIST WAS NOT
 IMPAIRED BY THE CONSUMPTION OF ALCOHOL, AND THAT SUCH PERSON WAS NOT  IN
 AN INTOXICATED CONDITION.
   (II)  EVIDENCE THAT THERE WAS MORE THAN .05 OF ONE PER CENTUM BUT LESS
 THAN .07 OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH  PERSON'S  BLOOD
 SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
 CONDITION, BUT SUCH EVIDENCE SHALL BE RELEVANT EVIDENCE BUT NOT BE GIVEN
 PRIMA FACIE EFFECT, IN DETERMINING WHETHER THE ABILITY OF SUCH PERSON TO
 OPERATE  A  BICYCLE WITH ELECTRIC ASSIST WAS IMPAIRED BY THE CONSUMPTION
 OF ALCOHOL.
   (III) EVIDENCE THAT THERE WAS .07 OF ONE PER CENTUM OR MORE  BUT  LESS
 THAN  .08  OF  ONE  PER  CENTUM BY WEIGHT OF ALCOHOL IN HIS OR HER BLOOD
 SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
 CONDITION, BUT SUCH EVIDENCE SHALL BE GIVEN PRIMA FACIE EFFECT IN DETER-
 MINING WHETHER THE ABILITY OF SUCH PERSON  TO  OPERATE  A  BICYCLE  WITH
 ELECTRIC ASSIST WAS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
   (C)  EVIDENCE OF A REFUSAL TO SUBMIT TO A CHEMICAL TEST OR ANY PORTION
 THEREOF SHALL BE ADMISSIBLE IN ANY TRIAL OR HEARING PROVIDED THE REQUEST
 TO SUBMIT TO SUCH A TEST WAS MADE IN ACCORDANCE WITH THE  PROVISIONS  OF
 SUBDIVISION FIVE OF THIS SECTION.
   7.  LIMITATIONS.  (A)  A  BICYCLE WITH ELECTRIC ASSIST OPERATOR MAY BE
 CONVICTED OF A VIOLATION OF PARAGRAPHS (A), (B), (C),  (D)  AND  (E)  OF
 SUBDIVISION  ONE  OF  THIS SECTION, NOTWITHSTANDING THAT THE CHARGE LAID
 BEFORE THE COURT ALLEGED A VIOLATION OF PARAGRAPH (B), (C), (D)  OR  (E)
 OF  SUBDIVISION  ONE  OF  THIS SECTION, AND REGARDLESS OF WHETHER OR NOT
 SUCH CONDITION IS BASED ON A PLEA OF GUILTY.
   (B) IN ANY CASE WHEREIN THE CHARGE LAID BEFORE  THE  COURT  ALLEGES  A
 VIOLATION  OF  PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS
 SECTION, ANY PLEA OF GUILTY THEREAFTER ENTERED IN SATISFACTION  OF  SUCH
 CHARGE  MUST  INCLUDE  AT LEAST A PLEA OF GUILTY TO THE VIOLATION OF THE
 PROVISIONS OF ONE OF THE PARAGRAPHS OF SUCH SUBDIVISION ONE AND NO OTHER
 DISPOSITION BY PLEA OF GUILTY TO ANY OTHER  CHARGE  IN  SATISFACTION  OF
 SUCH  CHARGE  SHALL  BE  AUTHORIZED;  PROVIDED, HOWEVER, IF THE DISTRICT

 S. 7508--A                         197                        A. 9508--A
 
 ATTORNEY UPON REVIEWING  THE  AVAILABLE  EVIDENCE  DETERMINES  THAT  THE
 CHARGE  OF  A  VIOLATION  OF  SUBDIVISION  ONE  OF  THIS  SECTION IS NOT
 WARRANTED, HE OR SHE MAY CONSENT, AND THE COURT MAY ALLOW, A DISPOSITION
 BY PLEA OF GUILTY TO ANOTHER CHARGE IN SATISFACTION OF SUCH CHARGE.
   8.  ENFORCEMENT  UPON  CRASH.  NOTWITHSTANDING  ANY  PROVISION OF THIS
 SECTION, NO PART OF THIS SECTION MAY BE ENFORCED UNLESS  IN  CONJUNCTION
 WITH  A  CRASH  INVOLVING AN OPERATOR OF A BICYCLE WITH ELECTRIC ASSIST.
 FOR THE PURPOSES OF THIS SUBDIVISION, "CRASH" SHALL MEAN COLLIDING  WITH
 A VEHICLE, PERSON, BUILDING OR OTHER OBJECT.
   § 18. This act shall take effect immediately.
 
                                  PART YY
 
   Section  1.  Section  13 of part U1 of chapter 62 of the laws of 2003,
 amending the vehicle and traffic law and other laws relating to increas-
 ing certain motor vehicle transaction fees, as amended by section  1  of
 part A of chapter 58 of the laws of 2017, is amended to read as follows:
   §  13.  This act shall take effect immediately; [provided however that
 sections one through seven of this act, the amendments to subdivision  2
 of  section  205  of  the tax law made by section eight of this act, and
 section nine of this act shall expire and be deemed repealed on April 1,
 2020; provided further, however, that the provisions of  section  eleven
 of  this  act  shall  take  effect April 1, 2004 and shall expire and be
 deemed repealed on April 1, 2020].
   § 2. Section 2 of part B of chapter 84 of the laws of  2002,  amending
 the  state  finance law relating to the costs of the department of motor
 vehicles, as amended by section 2 of part A of chapter 58 of the laws of
 2015, is amended to read as follows:
   § 2. This act shall take effect April 1, 2002; provided,  however,  if
 this  act  shall become a law after such date it shall take effect imme-
 diately and shall be deemed to have been in full force and effect on and
 after April 1, 2002[; provided further, however,  that  this  act  shall
 expire and be deemed repealed on April 1, 2020].
   § 3. This act shall take effect immediately.
 
                                  PART ZZ
 
   Section  1. Section 5 of chapter 751 of the laws of 2005, amending the
 insurance law and the vehicle and traffic law relating  to  establishing
 the  accident  prevention  course  internet technology pilot program, as
 amended by section 3 of part D of chapter 58 of the  laws  of  2016,  is
 amended to read as follows:
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall expire and be deemed repealed April
 1,  [2020]  2022;  provided  that any rules and regulations necessary to
 implement the provisions of this act on its effective date  are  author-
 ized and directed to be completed on or before such date.
   § 2. This act shall take effect immediately.
 
                                 PART AAA
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 114-e to read as follows:
   § 114-E. ELECTRIC SCOOTER. EVERY TWO-WHEELED DEVICE THAT  IS  NO  MORE
 THAN  SIXTY INCHES IN LENGTH, TWENTY-SIX INCHES IN WIDTH, AND FIFTY-FIVE
 INCHES IN HEIGHT, WHICH IS DESIGNED TO TRANSPORT ONE PERSON  SITTING  OR

 S. 7508--A                         198                        A. 9508--A
 
 STANDING  ON  THE  DEVICE  AND  CAN BE PROPELLED BY ANY POWER OTHER THAN
 MUSCULAR POWER.
   § 2. Section 125 of the vehicle and traffic law, as amended by chapter
 365 of the laws of 2008, is amended to read as follows:
   § 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
 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, (A-2) ELECTRIC SCOOTERS, (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. 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.
   §  3. Subparagraph b of paragraph 1 of subdivision (a) of section 1202
 of the vehicle and traffic law, as amended by chapter 679 of the laws of
 1970, is amended to read as follows:
   b. On a sidewalk, EXCEPT AN ELECTRIC SCOOTER AS DEFINED IN SECTION ONE
 HUNDRED FOURTEEN-E OF THIS CHAPTER;
   § 4. The vehicle and traffic law is amended by adding  a  new  article
 34-D to read as follows:
                               ARTICLE 34-D
                      OPERATION OF ELECTRIC SCOOTERS
 SECTION 1280. EFFECT OF REQUIREMENTS.
         1281. TRAFFIC LAWS APPLY TO PERSONS OPERATING ELECTRIC SCOOTERS;
                 LOCAL LAWS.
         1282. OPERATING ELECTRIC SCOOTERS.
         1283. CLINGING TO VEHICLES.
         1284. RIDING  ON ROADWAYS, SHOULDERS AND LANES RESERVED FOR NON-
                 MOTORIZED VEHICLES AND DEVICES.
         1285. LAMPS AND OTHER EQUIPMENT.
         1286. OPERATORS TO WEAR PROTECTIVE HEADGEAR.
         1287. LEAVING THE SCENE OF AN  INCIDENT  INVOLVING  AN  ELECTRIC
                 SCOOTER WITHOUT REPORTING.
         1288. OPERATION OF AN ELECTRIC SCOOTER WHILE UNDER THE INFLUENCE
                 OF ALCOHOL OR DRUGS.
   § 1280. EFFECT OF REQUIREMENTS. THE PARENT OF ANY CHILD AND THE GUARD-
 IAN  OF  ANY WARD SHALL NOT AUTHORIZE OR KNOWINGLY PERMIT ANY SUCH CHILD
 OR WARD TO VIOLATE ANY OF THE PROVISIONS OF THIS ARTICLE.
   § 1281. TRAFFIC LAWS APPLY TO  PERSONS  OPERATING  ELECTRIC  SCOOTERS;
 LOCAL LAWS. 1. ELECTRIC SCOOTERS MAY ONLY BE OPERATED ON PUBLIC HIGHWAYS
 WITH  A  POSTED  SPEED LIMIT OF THIRTY MILES PER HOUR OR LESS, INCLUDING
 NON-INTERSTATE PUBLIC HIGHWAYS, PRIVATE  ROADS  OPEN  TO  MOTOR  VEHICLE
 TRAFFIC,  AND  DESIGNATED  BICYCLE  OR IN-LINE SKATE LANES. EVERY PERSON
 OPERATING AN ELECTRIC SCOOTER UPON A HIGHWAY OR ROADWAY SHALL BE GRANTED
 ALL OF THE RIGHTS AND SHALL BE SUBJECT TO ALL OF THE  DUTIES  APPLICABLE
 TO  THE DRIVER OF A VEHICLE BY THIS TITLE, EXCEPT AS TO SPECIAL REQUIRE-
 MENTS IN THIS ARTICLE AND EXCEPT AS TO THOSE PROVISIONS  OF  THIS  TITLE
 WHICH BY THEIR NATURE CAN HAVE NO APPLICATION.

 S. 7508--A                         199                        A. 9508--A
 
   2.  THE  GOVERNING  BODY  OF ANY COUNTY, CITY, TOWN OR VILLAGE MAY, BY
 LOCAL LAW, ORDINANCE, ORDER, RULE OR REGULATION,  FURTHER  REGULATE  THE
 MAXIMUM  SPEED,  TIME,  PLACE  AND  MANNER  OF THE OPERATION OF ELECTRIC
 SCOOTERS INCLUDING REQUIRING THE USE OF PROTECTIVE HEADGEAR AND  WEARING
 READILY VISIBLE REFLECTIVE CLOTHING OR MATERIAL, AND LIMITING OR PROHIB-
 ITING  THE USE THEREOF IN SPECIFIED AREAS UNDER THE JURISDICTION OF SUCH
 COUNTY, CITY, TOWN OR VILLAGE OR PROHIBIT ENTIRELY THE USE  OF  ELECTRIC
 SCOOTERS  WITHIN  SUCH  COUNTY,  CITY,  TOWN OR VILLAGE. NOTWITHSTANDING
 TITLE EIGHT OF THIS CHAPTER, THE GOVERNING BODY  OF  ANY  COUNTY,  CITY,
 TOWN  OR  VILLAGE  MAY  NOT  AUTHORIZE THE USE OF ELECTRIC SCOOTERS UPON
 SIDEWALKS AND IT MAY NOT REGULATE THE PARKING, STANDING OR  STOPPING  OF
 ELECTRIC SCOOTERS ON SIDEWALKS.
   §  1282.  OPERATING ELECTRIC SCOOTERS. 1. NO ELECTRIC SCOOTER SHALL BE
 USED TO CARRY MORE THAN ONE PERSON AT ONE TIME. NO PERSON  OPERATING  AN
 ELECTRIC  SCOOTER  SHALL  CARRY  ANY  PERSON  AS  A  PASSENGER IN A PACK
 FASTENED TO THE OPERATOR OR FASTENED TO SUCH SCOOTER.
   2. NO PERSON OPERATING AN ELECTRIC SCOOTER SHALL  CARRY  ANY  PACKAGE,
 BUNDLE  OR ARTICLE WHICH PREVENTS THE OPERATOR FROM KEEPING AT LEAST ONE
 HAND UPON THE HANDLE BARS OR WHICH OBSTRUCTS HIS OR HER  VISION  IN  ANY
 DIRECTION.
   3. EVERY PERSON OPERATING AN ELECTRIC SCOOTER SHALL YIELD THE RIGHT OF
 WAY TO PEDESTRIANS.
   4. EVERY OPERATOR OF AN ELECTRIC SCOOTER SHALL BE SIXTEEN YEARS OF AGE
 OR OLDER.
   5.  NO  PERSON  SHALL OPERATE AN ELECTRIC SCOOTER IN EXCESS OF FIFTEEN
 MILES PER HOUR.
   6. THE OPERATION OF AN ELECTRIC SCOOTER ON A SIDEWALK IS PROHIBITED.
   7. (A) THE GOVERNING BODY OF ANY COUNTY, CITY, TOWN OR VILLAGE MAY, BY
 LOCAL LAW, ORDINANCE, ORDER, RULE OR REGULATION, AUTHORIZE AND  REGULATE
 SHARED  ELECTRIC  SCOOTER  SYSTEMS  WITHIN  SUCH  COUNTY,  CITY, TOWN OR
 VILLAGE. NO SUCH SHARED SYSTEMS SHALL OPERATE WITHIN  A  CITY,  TOWN  OR
 VILLAGE  EXCEPT  AS AUTHORIZED BY SUCH LOCAL LAW, ORDINANCE, ORDER, RULE
 OR REGULATION. NO SUCH SHARED ELECTRIC SCOOTER SYSTEM SHALL  OPERATE  ON
 PUBLIC  HIGHWAYS  IN  A  COUNTY  WITH  A  POPULATION OF NO LESS THAN ONE
 MILLION FIVE HUNDRED EIGHTY-FIVE THOUSAND AND NO MORE THAN  ONE  MILLION
 FIVE  HUNDRED EIGHTY-SEVEN THOUSAND AS OF THE TWO THOUSAND TEN DECENNIAL
 CENSUS. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM  SHARED  ELECTRIC
 SCOOTER  SYSTEM SHALL MEAN A NETWORK OF SELF-SERVICE AND PUBLICLY AVAIL-
 ABLE ELECTRIC SCOOTERS, AND RELATED INFRASTRUCTURE, IN WHICH AN ELECTRIC
 SCOOTER TRIP BEGINS AND/OR ENDS ON ANY PUBLIC HIGHWAY.
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  ALL
 TRIP  DATA,  PERSONAL  INFORMATION,  IMAGES,  VIDEOS, AND OTHER RECORDED
 IMAGES COLLECTED BY ANY SHARED ELECTRIC SCOOTER SYSTEM WHICH IS  AUTHOR-
 IZED TO OPERATE WITHIN A CITY, TOWN OR VILLAGE PURSUANT TO THIS SECTION:
 (I)  SHALL  BE  FOR  THE  EXCLUSIVE  USE OF SUCH SHARED ELECTRIC SCOOTER
 SYSTEM AND SHALL NOT BE SOLD, DISTRIBUTED OR  OTHERWISE  MADE  AVAILABLE
 FOR  ANY COMMERCIAL PURPOSE AND (II) SHALL NOT BE DISCLOSED OR OTHERWISE
 MADE ACCESSIBLE EXCEPT: (1) TO THE PERSON WHO IS  THE  SUBJECT  OF  SUCH
 DATA, INFORMATION OR RECORD; OR (2) IF NECESSARY TO COMPLY WITH A LAWFUL
 COURT  ORDER,  JUDICIAL  WARRANT SIGNED BY A JUDGE APPOINTED PURSUANT TO
 ARTICLE III OF THE UNITED STATES CONSTITUTION, OR SUBPOENA FOR  INDIVID-
 UAL  DATA, INFORMATION OR RECORDS PROPERLY ISSUED PURSUANT TO THE CRIMI-
 NAL PROCEDURE LAW OR THE CIVIL PRACTICE LAW AND RULES. PROVIDED,  HOWEV-
 ER, THAT NOTHING CONTAINED IN THIS PARAGRAPH SHALL BE DEEMED TO PRECLUDE
 THE EXCHANGE OF SUCH DATA, INFORMATION OR RECORDED IMAGES SOLELY FOR THE
 PURPOSE OF ADMINISTERING SUCH AUTHORIZED SHARED SYSTEM.

 S. 7508--A                         200                        A. 9508--A
 
   8. A FIRST VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL RESULT IN
 NO  FINE.  A SECOND OR SUBSEQUENT VIOLATION SHALL RESULT IN A CIVIL FINE
 NOT TO EXCEED FIFTY DOLLARS.
   §  1283.  CLINGING  TO  VEHICLES.  1.  NO PERSON OPERATING AN ELECTRIC
 SCOOTER SHALL ATTACH SUCH SCOOTER, OR HIMSELF OR HERSELF TO ANY  VEHICLE
 BEING OPERATED UPON A ROADWAY.
   2. NO VEHICLE OPERATOR SHALL KNOWINGLY PERMIT ANY PERSON TO ATTACH ANY
 ELECTRIC  SCOOTER  OR  HIMSELF  OR HERSELF TO SUCH OPERATOR'S VEHICLE IN
 VIOLATION OF SUBDIVISION ONE OF THIS SECTION.
   § 1284. RIDING ON ROADWAYS, SHOULDERS AND LANES RESERVED  FOR  NON-MO-
 TORIZED VEHICLES AND DEVICES. 1. UPON ALL ROADWAYS, ANY ELECTRIC SCOOTER
 SHALL  BE  OPERATED EITHER ON A USABLE BICYCLE OR IN-LINE SKATE LANE OR,
 IF A USABLE BICYCLE OR IN-LINE SKATE LANE HAS NOT  BEEN  PROVIDED,  NEAR
 THE  RIGHT-HAND  CURB OR EDGE OF THE ROADWAY OR UPON A USABLE RIGHT-HAND
 SHOULDER IN SUCH A MANNER AS TO PREVENT UNDUE INTERFERENCE WITH THE FLOW
 OF TRAFFIC EXCEPT WHEN PREPARING TO TURN LEFT AT AN INTERSECTION OR WHEN
 REASONABLY NECESSARY TO AVOID CONDITIONS THAT WOULD MAKE  IT  UNSAFE  TO
 CONTINUE  ALONG  NEAR THE RIGHT-HAND CURB OR EDGE OF THE ROADWAY. CONDI-
 TIONS TO BE TAKEN INTO CONSIDERATION INCLUDE, BUT ARE  NOT  LIMITED  TO,
 FIXED  OR MOVING OBJECTS, VEHICLES, BICYCLES, IN-LINE SKATERS, PEDESTRI-
 ANS, ANIMALS, SURFACE HAZARDS AND TRAFFIC LANES TOO NARROW FOR AN  ELEC-
 TRIC  SCOOTER  AND  A  VEHICLE  TO TRAVEL SAFELY SIDE-BY-SIDE WITHIN THE
 LANE.
   2. PERSONS OPERATING ELECTRIC  SCOOTERS  UPON  A  ROADWAY  SHALL  RIDE
 SINGLE  FILE. PERSONS OPERATING ELECTRIC SCOOTERS UPON A SHOULDER, BICY-
 CLE OR IN-LINE SKATE LANE, OR BICYCLE OR IN-LINE  SKATE  PATH,  INTENDED
 FOR  THE  USE OF BICYCLES, ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES,
 ELECTRIC SCOOTERS, OR IN-LINE SKATES MAY RIDE TWO  OR  MORE  ABREAST  IF
 SUFFICIENT SPACE IS AVAILABLE, EXCEPT THAT WHEN PASSING A VEHICLE, BICY-
 CLE,  ELECTRIC  PERSONAL  ASSISTIVE  MOBILITY  DEVICE, ELECTRIC SCOOTER,
 PERSON ON IN-LINE SKATES OR PEDESTRIAN STANDING OR PROCEEDING ALONG SUCH
 SHOULDER, LANE OR PATH, PERSONS OPERATING ELECTRIC SCOOTERS SHALL  OPER-
 ATE SUCH SCOOTER IN SINGLE FILE.
   3.  ANY PERSON OPERATING AN ELECTRIC SCOOTER WHO IS ENTERING THE ROAD-
 WAY FROM A PRIVATE ROAD, DRIVEWAY, ALLEY OR OVER A CURB SHALL COME TO  A
 FULL STOP BEFORE ENTERING THE ROADWAY.
   §  1285.  LAMPS AND OTHER EQUIPMENT. 1. EVERY ELECTRIC SCOOTER WHEN IN
 USE DURING THE PERIOD FROM ONE-HALF HOUR AFTER SUNSET TO  ONE-HALF  HOUR
 BEFORE  SUNRISE  SHALL  BE EQUIPPED WITH A LAMP ON THE FRONT WHICH SHALL
 EMIT A WHITE LIGHT VISIBLE DURING HOURS OF DARKNESS FROM A  DISTANCE  OF
 AT  LEAST FIVE HUNDRED FEET TO THE FRONT AND WITH A RED LIGHT VISIBLE TO
 THE REAR FOR THREE HUNDRED FEET. AT LEAST ONE OF THESE LIGHTS  SHALL  BE
 VISIBLE FOR TWO HUNDRED FEET FROM EACH SIDE.
   2.  NO  PERSON SHALL OPERATE AN ELECTRIC SCOOTER UNLESS IT IS EQUIPPED
 WITH A BELL OR OTHER DEVICE CAPABLE OF GIVING A  SIGNAL  AUDIBLE  FOR  A
 DISTANCE  OF  AT  LEAST ONE HUNDRED FEET, EXCEPT THAT SUCH SCOOTER SHALL
 NOT BE EQUIPPED WITH NOR SHALL ANY PERSON  USE  UPON  SUCH  SCOOTER  ANY
 SIREN OR WHISTLE.
   3. EVERY ELECTRIC SCOOTER SHALL BE EQUIPPED WITH A SYSTEM THAT ENABLES
 THE OPERATOR TO BRING THE DEVICE TO A CONTROLLED STOP.
   § 1286. OPERATORS TO WEAR PROTECTIVE HEADGEAR. 1. NO PERSON SIXTEEN OR
 SEVENTEEN  YEARS  OF AGE SHALL RIDE UPON, PROPEL OR OTHERWISE OPERATE AN
 ELECTRIC SCOOTER UNLESS SUCH PERSON IS WEARING A HELMET  MEETING  STAND-
 ARDS  ESTABLISHED  BY  THE  COMMISSIONER  PURSUANT  TO THE PROVISIONS OF
 SUBDIVISION TWO-A OF SECTION TWELVE HUNDRED THIRTY-EIGHT OF THIS  TITLE.
 AS  USED  IN  THIS SUBDIVISION, WEARING A HELMET MEANS HAVING A PROPERLY

 S. 7508--A                         201                        A. 9508--A
 
 FITTING HELMET FIXED SECURELY ON THE HEAD OF SUCH WEARER WITH THE HELMET
 STRAPS SECURELY FASTENED.
   2.  ANY  PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE OF THIS
 SECTION SHALL PAY A CIVIL FINE NOT TO EXCEED FIFTY DOLLARS.
   3. THE COURT SHALL WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES  THE
 PROVISIONS  OF  SUBDIVISION  ONE OF THIS SECTION WOULD BE LIABLE IF SUCH
 PERSON SUPPLIES THE COURT WITH PROOF THAT BETWEEN THE DATE OF  VIOLATION
 AND  THE  APPEARANCE  DATE  FOR  SUCH VIOLATION SUCH PERSON PURCHASED OR
 RENTED A HELMET, WHICH MEETS THE REQUIREMENTS OF SUBDIVISION ONE OF THIS
 SECTION, OR IF THE COURT FINDS THAT DUE TO REASONS OF ECONOMIC  HARDSHIP
 SUCH  PERSON  WAS  UNABLE  TO  PURCHASE A HELMET OR DUE TO SUCH ECONOMIC
 HARDSHIP SUCH PERSON WAS UNABLE TO OBTAIN A HELMET  FROM  THE  STATEWIDE
 IN-LINE SKATE AND BICYCLE HELMET DISTRIBUTION PROGRAM, AS ESTABLISHED IN
 SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW OR A LOCAL DISTRIBUTION
 PROGRAM.  SUCH  WAIVER OF FINE SHALL NOT APPLY TO A SECOND OR SUBSEQUENT
 CONVICTION UNDER SUBDIVISION ONE OF THIS SECTION.
   4. 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.
   § 1287. LEAVING THE SCENE OF AN INCIDENT INVOLVING AN ELECTRIC SCOOTER
 WITHOUT  REPORTING.  1.  (A)  ANY  PERSON EIGHTEEN YEARS OF AGE OR OLDER
 OPERATING AN ELECTRIC SCOOTER WHO, KNOWING OR HAVING CAUSE TO KNOW, THAT
 PHYSICAL INJURY, AS DEFINED IN SUBDIVISION NINE OF SECTION 10.00 OF  THE
 PENAL  LAW,  HAS  BEEN CAUSED TO ANOTHER PERSON, DUE TO THE OPERATION OF
 SUCH ELECTRIC SCOOTER BY SUCH PERSON SHALL,  BEFORE  LEAVING  THE  PLACE
 WHERE  SUCH  PHYSICAL  INJURY OCCURRED, STOP AND PROVIDE HIS OR HER NAME
 AND RESIDENCE, INCLUDING STREET AND STREET NUMBER, TO THE INJURED PARTY,
 IF PRACTICAL, AND ALSO TO A POLICE OFFICER, OR  IN  THE  EVENT  THAT  NO
 POLICE OFFICER IS IN THE VICINITY OF THE PLACE OF SAID INJURY, THEN SUCH
 PERSON  SHALL  REPORT  SAID  INCIDENT  AS SOON AS PHYSICALLY ABLE TO THE
 NEAREST POLICE STATION OR JUDICIAL OFFICER.
   (B) A VIOLATION OF PARAGRAPH  (A)  OF  THIS  SUBDIVISION  SHALL  BE  A
 VIOLATION.
   2. (A) ANY PERSON EIGHTEEN YEARS OF AGE OR OLDER OPERATING AN ELECTRIC
 SCOOTER  WHO,  KNOWING  OR  HAVING  CAUSE TO KNOW, THAT SERIOUS PHYSICAL
 INJURY, AS DEFINED IN SUBDIVISION TEN OF SECTION 10.00 OF THE PENAL LAW,
 HAS BEEN CAUSED TO ANOTHER PERSON, DUE TO THE OPERATION OF SUCH ELECTRIC
 SCOOTER BY SUCH PERSON SHALL, BEFORE LEAVING THE PLACE WHERE SUCH  SERI-
 OUS PHYSICAL INJURY OCCURRED, STOP AND PROVIDE HIS OR HER NAME AND RESI-
 DENCE,  INCLUDING  STREET  AND  STREET  NUMBER, TO THE INJURED PARTY, IF
 PRACTICAL, AND ALSO TO A POLICE OFFICER, OR IN THE EVENT THAT NO  POLICE
 OFFICER IS IN THE VICINITY OF THE PLACE OF SAID INJURY, THEN SUCH PERSON
 SHALL  REPORT  SAID  INCIDENT  AS SOON AS PHYSICALLY ABLE TO THE NEAREST
 POLICE STATION OR JUDICIAL OFFICER.
   (B) A VIOLATION OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE A  CLASS
 B MISDEMEANOR.
   §  1288. OPERATION OF AN ELECTRIC SCOOTER WHILE UNDER THE INFLUENCE OF
 ALCOHOL OR DRUGS. 1. OFFENSES; CRIMINAL PENALTIES. (A) NO  PERSON  SHALL
 OPERATE  AN  ELECTRIC  SCOOTER  WHILE HIS OR HER ABILITY TO OPERATE SUCH
 ELECTRIC SCOOTER IS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
   (I) A VIOLATION OF THIS SUBDIVISION SHALL BE AN OFFENSE AND  SHALL  BE
 PUNISHABLE  BY  A  FINE  OF NOT LESS THAN THREE HUNDRED DOLLARS NOR MORE
 THAN FIVE HUNDRED DOLLARS, OR BY IMPRISONMENT IN A PENITENTIARY OR COUN-

 S. 7508--A                         202                        A. 9508--A

 TY JAIL FOR NOT MORE THAN FIFTEEN DAYS, OR BY BOTH SUCH FINE AND  IMPRI-
 SONMENT.
   (II)  A  PERSON  WHO OPERATES AN ELECTRIC SCOOTER IN VIOLATION OF THIS
 SUBDIVISION AFTER BEING CONVICTED OF A VIOLATION OF ANY  SUBDIVISION  OF
 THIS SECTION WITHIN THE PRECEDING FIVE YEARS SHALL BE PUNISHED BY A FINE
 OF  NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN SEVEN HUNDRED FIFTY
 DOLLARS, OR BY IMPRISONMENT OF NOT MORE THAN THIRTY DAYS IN A PENITENTI-
 ARY OR COUNTY JAIL OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (III) A PERSON WHO OPERATES AN ELECTRIC SCOOTER IN VIOLATION  OF  THIS
 SUBDIVISION  AFTER  BEING  CONVICTED TWO OR MORE TIMES OF A VIOLATION OF
 ANY SUBDIVISION OF THIS SECTION WITHIN THE PRECEDING TEN YEARS SHALL  BE
 GUILTY  OF  A  MISDEMEANOR,  AND SHALL BE PUNISHED BY A FINE OF NOT LESS
 THAN SEVEN HUNDRED FIFTY DOLLARS NOR MORE THAN FIFTEEN HUNDRED  DOLLARS,
 OR  BY  IMPRISONMENT OF NOT MORE THAN ONE HUNDRED EIGHTY DAYS IN A PENI-
 TENTIARY OR COUNTY JAIL OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (B) NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER WHILE HE  OR  SHE  HAS
 .08  OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN HIS OR HER BLOOD,
 BREATH, URINE, OR SALIVA, AS DETERMINED BY THE CHEMICAL TEST MADE PURSU-
 ANT TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION.
   (C) NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER WHILE HE OR SHE IS  IN
 AN INTOXICATED CONDITION.
   (D) NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER WHILE HIS OR HER ABIL-
 ITY TO OPERATE SUCH ELECTRIC SCOOTER IS IMPAIRED BY THE USE OF A DRUG AS
 DEFINED BY SECTION ONE HUNDRED FOURTEEN-A OF THIS CHAPTER.
   (E) NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER WHILE HIS OR HER ABIL-
 ITY  TO OPERATE SUCH ELECTRIC SCOOTER IS IMPAIRED BY THE COMBINED INFLU-
 ENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS AS DEFINED BY  SECTION
 ONE HUNDRED FOURTEEN-A OF THIS CHAPTER.
   (F)(I)  A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF THIS SUBDIVI-
 SION SHALL BE A MISDEMEANOR AND SHALL BE PUNISHABLE BY IMPRISONMENT IN A
 PENITENTIARY OR COUNTY JAIL FOR NOT MORE THAN ONE YEAR, OR BY A FINE  OF
 NOT  LESS  THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS,
 OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (II) A PERSON WHO OPERATES AN ELECTRIC SCOOTER IN VIOLATION  OF  PARA-
 GRAPH  (B),  (C),  (D)  OR  (E)  OF  THIS  SUBDIVISION AFTER HAVING BEEN
 CONVICTED OF A VIOLATION OF PARAGRAPH (B),  (C),  (D)  OR  (E)  OF  THIS
 SUBDIVISION,  OR  OF  OPERATING AN ELECTRIC SCOOTER WHILE INTOXICATED OR
 WHILE UNDER THE INFLUENCE OF DRUGS, OR WHILE UNDER THE  COMBINED  INFLU-
 ENCE  OF DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS, WITHIN THE PRECEDING
 TEN YEARS, SHALL BE GUILTY OF A CLASS E FELONY AND SHALL BE PUNISHED  BY
 A  PERIOD  OF IMPRISONMENT AS PROVIDED IN THE PENAL LAW, OR BY A FINE OF
 NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN FIVE THOUSAND  DOLLARS,
 OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (III)  A PERSON WHO OPERATES AN ELECTRIC SCOOTER IN VIOLATION OF PARA-
 GRAPH (B), (C), (D) OR (E) OF THIS SUBDIVISION AFTER HAVING  BEEN  TWICE
 CONVICTED  OF  A VIOLATION OF ANY OF SUCH PARAGRAPH (B), (C), (D) OR (E)
 OF THIS SUBDIVISION OR OF OPERATING AN ELECTRIC SCOOTER WHILE INTOXICAT-
 ED OR UNDER THE INFLUENCE OF DRUGS, OR WHILE UNDER THE  COMBINED  INFLU-
 ENCE  OF DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS, WITHIN THE PRECEDING
 TEN YEARS, SHALL BE GUILTY OF A CLASS D FELONY AND SHALL BE PUNISHED  BY
 A  FINE OF NOT LESS THAN TWO THOUSAND DOLLARS NOR MORE THAN TEN THOUSAND
 DOLLARS OR BY A PERIOD OF IMPRISONMENT AS PROVIDED IN THE PENAL LAW,  OR
 BY BOTH SUCH FINE AND IMPRISONMENT.
   2.  SENTENCING LIMITATIONS. NOTWITHSTANDING ANY PROVISION OF THE PENAL
 LAW, NO JUDGE OR MAGISTRATE SHALL IMPOSE  A  SENTENCE  OF  UNCONDITIONAL
 DISCHARGE  FOR A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVI-

 S. 7508--A                         203                        A. 9508--A
 
 SION ONE OF THIS SECTION NOR SHALL HE OR SHE IMPOSE A SENTENCE OF CONDI-
 TIONAL DISCHARGE UNLESS SUCH CONDITIONAL DISCHARGE IS ACCOMPANIED  BY  A
 SENTENCE OF A FINE AS PROVIDED IN THIS SECTION.
   3.  SENTENCING;  PREVIOUS  CONVICTIONS. WHEN SENTENCING A PERSON FOR A
 VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE  OF  THIS
 SECTION  PURSUANT  TO  SUBPARAGRAPH (II) OF PARAGRAPH (F) OF SUBDIVISION
 ONE OF THIS SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS  THE
 PERSON  MAY HAVE FOR A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR,
 OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN  THE
 PRECEDING  TEN YEARS.  WHEN SENTENCING A PERSON FOR A VIOLATION OF PARA-
 GRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS  SECTION  PURSUANT
 TO  SUBPARAGRAPH  (III)  OF  PARAGRAPH  (F)  OF  SUBDIVISION ONE OF THIS
 SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE  PERSON  MAY
 HAVE  FOR  A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR, OR FOUR-A
 OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN THE  PRECEDING
 TEN YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF SUBPARAGRAPH (II)
 OF  PARAGRAPH  (A)  OF  SUBDIVISION ONE OF THIS SECTION, THE COURT SHALL
 CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY HAVE FOR  A  VIOLATION  OF
 ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITH-
 IN THE PRECEDING FIVE YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF
 SUBPARAGRAPH  (III) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION,
 THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY HAVE FOR A
 VIOLATION OF ANY SUBDIVISION OF SECTION  ELEVEN  HUNDRED  NINETY-TWO  OF
 THIS TITLE WITHIN THE PRECEDING TEN YEARS.
   4.  ARREST  AND TESTING. (A) NOTWITHSTANDING THE PROVISIONS OF SECTION
 140.10 OF THE CRIMINAL PROCEDURE LAW, A POLICE OFFICER  MAY,  WITHOUT  A
 WARRANT,  ARREST  A  PERSON,  IN CASE OF A VIOLATION OF ANY PARAGRAPH OF
 SUBDIVISION ONE OF THIS SECTION, IF SUCH VIOLATION IS  COUPLED  WITH  AN
 ACCIDENT  OR  COLLISION  IN WHICH SUCH PERSON IS INVOLVED, WHICH IN FACT
 HAD BEEN COMMITTED, THOUGH NOT IN THE POLICE OFFICER'S PRESENCE, WHEN HE
 OR SHE HAS REASONABLE CAUSE TO BELIEVE THAT THE VIOLATION WAS  COMMITTED
 BY  SUCH  PERSON.    FOR THE PURPOSES OF THIS SUBDIVISION POLICE OFFICER
 SHALL ALSO INCLUDE A PEACE OFFICER AUTHORIZED TO  ENFORCE  THIS  CHAPTER
 WHEN THE ALLEGED VIOLATION CONSTITUTES A CRIME.
   (B)  BREATH  TEST  FOR  OPERATORS OF ELECTRIC SCOOTERS.   EVERY PERSON
 OPERATING AN ELECTRIC SCOOTER WHICH HAS BEEN INVOLVED IN AN ACCIDENT  OR
 WHICH  IS OPERATED IN VIOLATION OF ANY OF THE PROVISIONS OF THIS SECTION
 WHICH REGULATE THE MANNER IN WHICH AN ELECTRIC SCOOTER IS TO BE PROPERLY
 OPERATED SHALL, AT THE REQUEST OF A POLICE OFFICER, SUBMIT TO  A  BREATH
 TEST  TO  BE  ADMINISTERED BY THE POLICE OFFICER. IF SUCH TEST INDICATES
 THAT SUCH OPERATOR HAS CONSUMED ALCOHOL, THE POLICE OFFICER MAY  REQUEST
 SUCH  OPERATOR  TO  SUBMIT TO A CHEMICAL TEST IN THE MANNER SET FORTH IN
 SUBDIVISION FIVE OF THIS SECTION.
   5. CHEMICAL TESTS. (A) ANY PERSON WHO  OPERATES  AN  ELECTRIC  SCOOTER
 SHALL  BE  REQUESTED TO CONSENT TO A CHEMICAL TEST OF ONE OR MORE OF THE
 FOLLOWING: BREATH, BLOOD, URINE, OR SALIVA FOR THE PURPOSE OF  DETERMIN-
 ING  THE  ALCOHOLIC  OR  DRUG CONTENT OF HIS OR HER BLOOD, PROVIDED THAT
 SUCH TEST IS ADMINISTERED AT THE DIRECTION  OF  A  POLICE  OFFICER:  (I)
 HAVING REASONABLE CAUSE TO BELIEVE SUCH PERSON TO HAVE BEEN OPERATING IN
 VIOLATION  OF THIS SUBDIVISION OR PARAGRAPH (A), (B), (C), (D) OR (E) OF
 SUBDIVISION ONE OF THIS SECTION AND WITHIN TWO HOURS AFTER  SUCH  PERSON
 HAS  BEEN  PLACED UNDER ARREST FOR ANY SUCH VIOLATION OR (II) WITHIN TWO
 HOURS AFTER A BREATH TEST AS PROVIDED IN PARAGRAPH  (B)  OF  SUBDIVISION
 FOUR  OF  THIS  SECTION INDICATES THAT ALCOHOL HAS BEEN CONSUMED BY SUCH
 PERSON AND IN ACCORDANCE WITH THE RULES AND REGULATIONS  ESTABLISHED  BY
 THE POLICE FORCE OF WHICH THE OFFICER IS A MEMBER.

 S. 7508--A                         204                        A. 9508--A
 
   (B)  FOR  THE  PURPOSE OF THIS SUBDIVISION "REASONABLE CAUSE" SHALL BE
 DETERMINED BY VIEWING THE  TOTALITY  OF  CIRCUMSTANCES  SURROUNDING  THE
 INCIDENT  WHICH,  WHEN  TAKEN  TOGETHER,  INDICATE THAT THE OPERATOR WAS
 OPERATING AN ELECTRIC SCOOTER IN VIOLATION OF ANY PARAGRAPH OF  SUBDIVI-
 SION  ONE  OF  THIS SECTION. SUCH CIRCUMSTANCES MAY INCLUDE, BUT ARE NOT
 LIMITED TO: EVIDENCE THAT THE OPERATOR WAS OPERATING AN ELECTRIC SCOOTER
 IN VIOLATION OF ANY PROVISION OF THIS  CHAPTER,  LOCAL  LAW,  ORDINANCE,
 ORDER,  RULE  OR REGULATION WHICH REGULATES THE MANNER IN WHICH AN ELEC-
 TRIC SCOOTER BE PROPERLY OPERATED AT THE TIME OF THE INCIDENT; ANY VISI-
 BLE INDICATION OF ALCOHOL OR DRUG CONSUMPTION OR IMPAIRMENT BY THE OPER-
 ATOR; AND OTHER EVIDENCE SURROUNDING THE CIRCUMSTANCES OF  THE  INCIDENT
 WHICH INDICATES THAT THE OPERATOR HAS BEEN OPERATING AN ELECTRIC SCOOTER
 WHILE IMPAIRED BY THE CONSUMPTION OF ALCOHOL OR DRUGS OR WAS INTOXICATED
 AT THE TIME OF THE INCIDENT.
   6.  CHEMICAL  TEST  EVIDENCE. (A) UPON THE TRIAL OF ANY SUCH ACTION OR
 PROCEEDING ARISING OUT OF ACTIONS ALLEGED TO HAVE BEEN COMMITTED BY  ANY
 PERSON  ARRESTED  FOR A VIOLATION OF ANY PARAGRAPH OF SUBDIVISION ONE OF
 THIS SECTION, THE COURT SHALL ADMIT EVIDENCE OF THE AMOUNT OF ALCOHOL OR
 DRUGS IN THE DEFENDANT'S BLOOD AS SHOWN BY A TEST ADMINISTERED  PURSUANT
 TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION.
   (B)  THE  FOLLOWING EFFECT SHALL BE GIVEN TO EVIDENCE OF BLOOD ALCOHOL
 CONTENT, AS DETERMINED BY  SUCH  TESTS,  OF  A  PERSON  ARRESTED  FOR  A
 VIOLATION  OF  ANY  PARAGRAPH OF SUBDIVISION ONE OF THIS SECTION AND WHO
 WAS OPERATING AN ELECTRIC SCOOTER:
   (I) EVIDENCE THAT THERE WAS .05 OF ONE PER CENTUM OR LESS BY WEIGHT OF
 ALCOHOL IN SUCH PERSON'S BLOOD SHALL BE PRIMA FACIE  EVIDENCE  THAT  THE
 ABILITY  OF  SUCH PERSON TO OPERATE AN ELECTRIC SCOOTER WAS NOT IMPAIRED
 BY THE CONSUMPTION OF ALCOHOL, AND THAT SUCH PERSON WAS NOT IN AN INTOX-
 ICATED CONDITION.
   (II) EVIDENCE THAT THERE WAS MORE THAN .05 OF ONE PER CENTUM BUT  LESS
 THAN  .07  OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD
 SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
 CONDITION, BUT SUCH EVIDENCE SHALL BE RELEVANT EVIDENCE BUT NOT BE GIVEN
 PRIMA FACIE EFFECT, IN DETERMINING WHETHER THE ABILITY OF SUCH PERSON TO
 OPERATE AN ELECTRIC SCOOTER WAS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
   (III) EVIDENCE THAT THERE WAS .07 OF ONE PER CENTUM OR MORE  BUT  LESS
 THAN  .08  OF  ONE  PER  CENTUM BY WEIGHT OF ALCOHOL IN HIS OR HER BLOOD
 SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
 CONDITION, BUT SUCH EVIDENCE SHALL BE GIVEN PRIMA FACIE EFFECT IN DETER-
 MINING WHETHER THE ABILITY OF SUCH PERSON TO OPERATE AN ELECTRIC SCOOTER
 WAS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
   (C) EVIDENCE OF A REFUSAL TO SUBMIT TO A CHEMICAL TEST OR ANY  PORTION
 THEREOF SHALL BE ADMISSIBLE IN ANY TRIAL OR HEARING PROVIDED THE REQUEST
 TO  SUBMIT  TO SUCH A TEST WAS MADE IN ACCORDANCE WITH THE PROVISIONS OF
 SUBDIVISION FIVE OF THIS SECTION.
   7. LIMITATIONS. (A) AN ELECTRIC SCOOTER OPERATOR MAY BE CONVICTED OF A
 VIOLATION OF PARAGRAPHS (A), (B), (D) AND (E) OF SUBDIVISION ONE OF THIS
 SECTION, NOTWITHSTANDING THAT THE CHARGE LAID BEFORE THE COURT ALLEGED A
 VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE  OF  THIS
 SECTION,  AND  REGARDLESS OF WHETHER OR NOT SUCH CONDITION IS BASED ON A
 PLEA OF GUILTY.
   (B) IN ANY CASE WHEREIN THE CHARGE LAID BEFORE  THE  COURT  ALLEGES  A
 VIOLATION  OF  PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS
 SECTION, ANY PLEA OF GUILTY THEREAFTER ENTERED IN SATISFACTION  OF  SUCH
 CHARGE  MUST  INCLUDE  AT LEAST A PLEA OF GUILTY TO THE VIOLATION OF THE
 PROVISIONS OF ONE OF THE PARAGRAPHS OF SUBDIVISION ONE OF  THIS  SECTION

 S. 7508--A                         205                        A. 9508--A
 
 AND NO OTHER DISPOSITION BY PLEA OF GUILTY TO ANY OTHER CHARGE IN SATIS-
 FACTION  OF  SUCH  CHARGE SHALL BE AUTHORIZED; PROVIDED, HOWEVER, IF THE
 DISTRICT ATTORNEY UPON REVIEWING THE AVAILABLE EVIDENCE DETERMINES  THAT
 THE  CHARGE  OF  A  VIOLATION  OF SUBDIVISION ONE OF THIS SECTION IS NOT
 WARRANTED, HE OR SHE MAY CONSENT, AND THE COURT MAY ALLOW, A DISPOSITION
 BY A PLEA OF GUILTY TO ANOTHER CHARGE IN SATISFACTION OF SUCH CHARGE.
   8. ENFORCEMENT UPON  CRASH.  NOTWITHSTANDING  ANY  PROVISION  OF  THIS
 SECTION,  NO  PART OF THIS SECTION MAY BE ENFORCED UNLESS IN CONJUNCTION
 WITH A CRASH INVOLVING AN OPERATOR  OF  AN  ELECTRIC  SCOOTER.  FOR  THE
 PURPOSES  OF THIS SUBDIVISION, CRASH SHALL MEAN FALLING TO THE GROUND OR
 COLLIDING WITH A VEHICLE, PERSON, BUILDING OR OTHER OBJECT.
   § 5. This act shall take effect immediately.
 
                                 PART BBB
 
   Section 1. Section 410 of the economic development law is REPEALED.
   § 2. Section 3102-b of public authorities law, as added by chapter 562
 of the laws of 1982 and as renumbered by chapter  291  of  the  laws  of
 1990,  the  opening  paragraph  as amended by chapter 616 of the laws of
 1991, paragraph (a) of subdivision 1, subdivision 3 and paragraph (a) of
 subdivision 6 as amended by chapter 191 of the laws  of  2010,  subdivi-
 sions 5 and 6 as added by chapter 828 of the laws of 1987, is amended to
 read as follows:
   §  3102-b.  Centers  for  advanced  technology.  In order to encourage
 greater collaboration between private industry and the  universities  of
 the  state  in  the development and application of new technologies, the
 [foundation] DEPARTMENT OF ECONOMIC  DEVELOPMENT  (HEREINAFTER  "DEPART-
 MENT")  is authorized to designate for advanced technology such areas as
 integrated electronics, optics, biotechnology, telecommunications, auto-
 mation and  robotics,  electronics  packaging,  imaging  technology  and
 others  identified  by the [foundation] DEPARTMENT as having significant
 potential for economic growth in New York, or in which  the  application
 of  new  technologies  could  significantly enhance the productivity and
 stability of New York businesses. Such designations  shall  be  made  in
 accordance  with the standards and criteria set forth in subdivision two
 of this section. Centers so designated shall  be  eligible  for  support
 from  the [foundation] DEPARTMENT in the manner provided for in subdivi-
 sion three of this section, and  for  such  additional  support  as  may
 otherwise be provided by law.
   1. As used in this section:
   (a) "center for advanced technology" or "center" means a university or
 university-affiliated  research institute or a consortium of such insti-
 tutions, designated by the [foundation]  DEPARTMENT,  which  conducts  a
 continuing program of basic and applied research, development, and tech-
 nology  commercialization in one or more technological areas, in collab-
 oration with and through the support of private business  and  industry;
 and
   (b)  "applicant"  means a university or university-affiliated research
 institute or a consortium of such institutions which request designation
 as a center in accordance with such requirements as are  established  by
 the  [foundation] DEPARTMENT for this purpose.  FOR THE PURPOSES OF THIS
 SUBDIVISION, UNIVERSITIES, UNIVERSITY-AFFILIATED RESEARCH INSTITUTES  OR
 A  CONSORTIUM  OF  SUCH INSTITUTIONS DESIGNATED AS CENTERS OF EXCELLENCE
 UNDER SECTION FOUR HUNDRED TEN OF THE ECONOMIC DEVELOPMENT  LAW  AT  THE
 TIME  OF  THE  EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND

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 TWENTY THAT AMENDED  THIS  SUBDIVISION  MAY  APPLY  FOR  DESIGNATION  AS
 CENTERS FOR ADVANCED TECHNOLOGY.
   2. The [foundation] DEPARTMENT shall:
   (a)  identify  technological  areas for which centers should be desig-
 nated including technological areas that are related to industries  with
 significant  potential  for  economic growth and development in New York
 state and technological areas that are related  to  the  enhancement  of
 productivity in various industries located in New York state.
   (b) establish criteria that applicants must satisfy for designation as
 a center, including, but not limited to the following:
   (i)  an established record of research, development and instruction in
 the area or areas of technology involved;
   (ii) the capacity to conduct research and  development  activities  in
 collaboration with business and industry;
   (iii)  the  capacity  to  secure substantial private and other govern-
 mental funding for the proposed center, in amounts at least equal to the
 total of support sought from the state;
   (iv) the ability and willingness to cooperate with other  institutions
 in  the  state in conducting research and development activities, and in
 disseminating research results; and to work with technical and community
 colleges in the state to enhance the quality of technical  education  in
 the area or areas of technology involved;
   (v)  the  ability  and  willingness to cooperate with the [foundation]
 DEPARTMENT and other economic  development  agencies  in  promoting  the
 growth  and  development  in  New York state of industries based upon or
 benefiting from the area or areas of technology involved.
   (c) establish such  requirements  as  it  deems  appropriate  for  the
 format,  content  and  filing of applications for designation as centers
 for advanced technology.
   (d) establish such procedures as it deems appropriate for  the  evalu-
 ation  of applications for designation as centers for advanced technolo-
 gy, including the  establishment  of  peer  review  panels  composed  of
 nationally  recognized experts in the technological areas and industries
 to which the application is related.
   3. (a) From such funds as may be appropriated for this purpose by  the
 legislature,  the [foundation] DEPARTMENT may provide financial support,
 through contracts or other means, to  designated  centers  for  advanced
 technology,  in  order to enhance and accelerate the development of such
 centers.  Funds received pursuant to this subdivision may  be  used  for
 purchase  of  equipment  and fixtures, employment of faculty and support
 staff, provision of graduate fellowships, and other purposes approved by
 the  [foundation]  DEPARTMENT,  but  may  not  be   used   for   capital
 construction.  In  each  case,  the  amount provided by the [foundation]
 DEPARTMENT to a center shall be matched by commitments of  support  from
 private and governmental other than state sources provided that:
   (i)  funds  or  in-kind  resources  provided  by the public or private
 university of which the center is a part  may  be  counted  towards  the
 match;
   (ii) such match shall not be required on a project-by-project basis;
   (iii)  matching  funds  received from businesses with no more than one
 hundred employees shall count as double the actual dollar amount  toward
 the center's overall match requirement;
   (iv) funds used by the center for any workforce development activities
 required by the [foundation] DEPARTMENT shall not be included as part of
 the  center's  award  when  determining  the  amount  of  matching funds
 required by the [foundation] DEPARTMENT. Such activities shall  include,

 S. 7508--A                         207                        A. 9508--A
 
 but  are  not  limited  to, helping incumbent workers expand their skill
 sets through short courses, seminars, and  workshops;  providing  indus-
 try-driven  research assistant opportunities for students, and aiding in
 the  development  of  undergraduate and graduate courses in the center's
 technology focus to help ensure that students are trained  to  meet  the
 needs of industry;
   (v)  centers  may  use  not  more then twenty-five percent of indirect
 costs towards any match requirements.
   (b) The amount provided by the [foundation] DEPARTMENT shall  be  made
 in accordance with the following:
   (i)  for the academic year in which it is first funded as a designated
 center, and the five subsequent years, the amount provided by the [foun-
 dation] DEPARTMENT to a center shall be matched equally by the center;
   (ii) beginning in the sixth academic year following the academic  year
 in  which  a  center is first funded as a designated center and for each
 academic year thereafter, amounts provided by the  [foundation]  DEPART-
 MENT  of  up  to  seven  hundred fifty thousand dollars shall be matched
 equally by the center, amounts in excess of seven hundred fifty thousand
 dollars shall be matched by the  center  in  amounts  of  at  least  the
 percentage  set  forth  herein:  in  the  sixth year, one hundred twenty
 percent; in the seventh year, one hundred forty percent; in  the  eighth
 year,  one  hundred sixty percent; in the ninth year, one hundred eighty
 percent; in the  tenth  year  and  each  year  thereafter,  two  hundred
 percent;
   (iii) beginning in the ninth academic year following the academic year
 in  which  a center is first funded as a designated center, the [founda-
 tion] DEPARTMENT shall evaluate such center's area of advanced technolo-
 gy to determine whether  it  has  continued  significant  potential  for
 enhancing  economic  growth  in  New York, or whether the application of
 technologies in the area could significantly  enhance  the  productivity
 and stability of New York businesses;
   (iv)  upon  a  finding  by the [foundation] DEPARTMENT that an area of
 advanced technology has continued significant  potential  for  enhancing
 economic  growth in New York, or that the application of technologies in
 the area could significantly enhance the productivity and  stability  of
 New  York businesses, the [foundation] DEPARTMENT will initiate a redes-
 ignation process in accordance with the standards and criteria set forth
 in paragraph (b) of subdivision two and in  accordance  with  paragraphs
 (c) and (d) of subdivision two of this section.
   (1)  In  the event a new center is selected in the redesignation proc-
 ess, the [foundation] DEPARTMENT shall provide funds to such new  center
 in  accordance with the funding match requirements set forth in subpara-
 graphs (i) and (ii) of paragraph (a) of this subdivision.
   (2) In the event a previously designated center is redesignated in the
 same area of technology, which redesignation is effective for the  tenth
 academic  year following the first academic year of both designation and
 funding, then, in that year and in each year  thereafter,  the  [founda-
 tion]  DEPARTMENT shall provide funds of up to seven hundred fifty thou-
 sand dollars to be matched equally by the center, amounts in  excess  of
 seven  hundred  fifty thousand dollars shall be matched by the center in
 amounts of at least two hundred percent.
   (3) In the event a currently designated center is not selected in  the
 redesignation  process  for an additional term, or upon a finding by the
 [foundation] DEPARTMENT that the area of advanced  technology  does  not
 have significant potential for enhancing economic growth in New York, or
 upon  a  finding that the application of technologies in that area would

 S. 7508--A                         208                        A. 9508--A
 
 not significantly enhance the productivity and  stability  of  New  York
 businesses, then the [foundation] DEPARTMENT shall, in the tenth academ-
 ic  year  following  such  center's  first both designation and funding,
 which  year  shall be the final year of funding for such center, provide
 an amount of up to five hundred thousand dollars.
   (c) Continued funding of the operations of each center shall be  based
 upon  a  showing  that: the center continues to comply with the criteria
 established by the [foundation] DEPARTMENT pursuant to paragraph (b)  of
 subdivision  two of this section; a demonstration of assistance to small
 businesses in New York state through research,  technology  transfer  or
 other  means  as  approved  by  the [foundation] DEPARTMENT; evidence of
 partnerships  with  other  appropriate  entities  to  develop   outreach
 networks and ensure that companies receive access to appropriate federal
 funding  for  technology  development  and  commercialization as well as
 non-research assistance such as general business consulting. Appropriate
 partners are those with which the  center  demonstrates  a  relationship
 that  enhances  and advances the center's ability to aid economic growth
 in New York state; and compliance with the rules, regulations and guide-
 lines of the [foundation] DEPARTMENT; and, compliance with any contracts
 between the [foundation] DEPARTMENT and the designated center.
   (d) Each center shall report on its  activities  to  the  [foundation]
 DEPARTMENT  in a manner and according to the schedule established by the
 [foundation] DEPARTMENT, and shall provide such  additional  information
 as  the  [foundation] DEPARTMENT may require provided, that quantifiable
 economic development impact measures are not restricted  to  any  period
 less  than five years and that centers provide a full description of all
 non-quantifiable measures. The [foundation]  DEPARTMENT  shall  evaluate
 center operations using methods such as site visits, reporting of speci-
 fied  information and peer review evaluations using experts in the field
 of technology in which  the  center  was  designated.  The  [foundation]
 DEPARTMENT  shall  notify  each center of the results of its evaluations
 and findings of deficiencies in the operation  of  such  center  or  its
 research,  education,  or  technology  commercialization  activities and
 shall work with such centers to remedy such findings.  If  such  factors
 are  not  remedied,  the  [foundation] DEPARTMENT may withdraw the state
 funding support, in whole or in part,  or  withdraw  the  center  desig-
 nation.
   (e)  In order to encourage that the results of center research benefit
 New York state, designation and continued funding of each  center  shall
 be  contingent  upon  each  center's  establishing  within its licensing
 guidelines the following: after  payment  of  the  inventor's  share,  a
 reduced  payment  due  to the university of any royalty, income or other
 consideration earned from the license or sale of  intellectual  property
 rights created or developed at, or through the use of, the facilities of
 the center by any person or entity if the manufacturing or use resulting
 from such intellectual property rights occurs within New York state. The
 [foundation] DEPARTMENT shall promulgate rules and regulations regarding
 the  provisions  of  the  licensing  guidelines described herein as they
 apply to such reduced payment, and such provisions shall be  subject  to
 the approval of the [foundation] DEPARTMENT.
   4.  From  such  funds  as  may be appropriated for this purpose by the
 legislature, the [foundation] DEPARTMENT may provide grants to  any  one
 university or university-affiliated research institution for purposes of
 planning  and  program  development aimed at enabling such university or
 university-affiliated research institution to qualify for designation as
 a center. Such grants shall be awarded on a competitive basis, and shall

 S. 7508--A                         209                        A. 9508--A
 
 be available only to those applicants  which  in  the  judgment  of  the
 [foundation]  DEPARTMENT  may reasonably be expected to be designated as
 centers. No applicant shall receive more than one such grant.
   5.  (a)  From  such  funds  as  may be appropriated for the purpose of
 incentive grants or other funds which may be available from the [founda-
 tion] DEPARTMENT to enhance center activities in areas of crucial inter-
 est in the state's economic development, the [foundation] DEPARTMENT may
 provide grants, on a competitive basis, to centers for projects  includ-
 ing, but not limited to, those which:
   (i)  explore  new  technologies  with commercial application conducted
 jointly by two or more centers or a center  and  non-center  university,
 college or community college;
   (ii)  are  aimed  at enhancing or accelerating the process of bringing
 new products, particularly those under development by  new  small  busi-
 nesses, to the marketplace; or
   (iii)  increase  technology  transfer projects with the state's mature
 manufacturing industries in applying technology in  their  manufacturing
 processes or for new product development.
   (b) State support for incentive grants may be matched on an individual
 basis  by  the  [foundation]  DEPARTMENT, which may consider the type of
 project and the availability of amounts  from  private,  university  and
 governmental, other than state, sources.
   6.  (a) The [foundation] DEPARTMENT shall make an annual report of the
 centers for advanced technology program to the governor and the legisla-
 ture not later than September first of  each  year.  Such  report  shall
 include,  but  not  be  limited  to,  the  results of the [foundation's]
 DEPARTMENT'S evaluation of each center, a description of the achievement
 of each center, any deficiencies in the operation of each center or  its
 research, education and technology commercialization activities, remedi-
 al  actions recommended by the [foundation] DEPARTMENT, remedial actions
 taken by each center, a description of  the  small  business  assistance
 provided  by  each  center, a description of any incentive grant program
 awarded a grant by the [foundation] DEPARTMENT and the  achievements  of
 such  program,  and  the  amount of financial assistance provided by the
 [foundation] DEPARTMENT and the level of matching funds provided by each
 center and the uses of such monies.
   (b) Annual reports shall include a discussion of any fields  of  tech-
 nology that the [foundation] DEPARTMENT has identified as having signif-
 icant potential for economic growth or improved productivity and stabil-
 ity  of  New  York  businesses  and  in  which  no  center  for advanced
 technology has been designated and recommendations of  the  [foundation]
 DEPARTMENT as to actions that should be taken.
   §  3.  This  act shall take effect immediately; provided, however that
 section one of this act shall not take effect until June 30, 2021.
 
                                 PART CCC
 
   Section 1. Subsections (e) and (g) of section 7002  of  the  insurance
 law,  as amended by chapter 188 of the laws of 2003, are amended to read
 as follows:
   (e) "Industrial insured" means an insured:
   (1) whose net worth exceeds one hundred million dollars;
   (2) who is a member of  a  holding  company  system  whose  net  worth
 exceeds one hundred million dollars;
   (3) who is the metropolitan transportation authority and its statutory
 subsidiaries.  When  filing an application to form a pure captive insur-

 S. 7508--A                         210                        A. 9508--A
 
 ance company the  metropolitan  transportation  authority  shall  submit
 written  notice  of such filing to the governor, the temporary president
 of the senate and the speaker of the assembly; [or]
   (4) WHO IS THE POWER AUTHORITY OF THE STATE OF NEW YORK AND ANY STATU-
 TORY SUBSIDIARY OR AFFILIATE THEREOF. WHEN FILING AN APPLICATION TO FORM
 A  PURE CAPTIVE INSURANCE COMPANY THE POWER AUTHORITY SHALL SUBMIT WRIT-
 TEN NOTICE OF SUCH FILING TO THE GOVERNOR, THE  TEMPORARY  PRESIDENT  OF
 THE SENATE AND THE SPEAKER OF THE ASSEMBLY; OR
   (5)  who  is  a  city  with  a population of one million or more. When
 filing an application to form a pure captive insurance company,  a  city
 with  a population of one million or more shall submit written notice of
 such filing to the governor, the temporary president of the  senate  and
 the speaker of the assembly.
   (g)  "Industrial insured group" means any group of unaffiliated indus-
 trial insureds that are engaged in  similar  or  related  businesses  or
 activities,  however,  the  metropolitan  transportation  authority, THE
 POWER AUTHORITY OF THE STATE OF NEW YORK AND ANY STATUTORY SUBSIDIARY OR
 AFFILIATE THEREOF and cities with a population of one  million  or  more
 shall  not  be a member of an industrial insured group, and that collec-
 tively:
   (1) own, control or hold with power to vote  all  of  the  outstanding
 voting shares of stock of a group captive insurance company incorporated
 as a stock insurer; or
   (2)  represent  one  hundred  percent of the voting members of a group
 captive insurance company organized as a mutual insurer.
   § 2. Section 1005 of the public authorities law is amended by adding a
 new subdivision 28 to read as follows:
   28. THE AUTHORITY MAY  ESTABLISH  A  SUBSIDIARY  CORPORATION  FOR  THE
 PURPOSE  OF  FORMING  A  PURE  CAPTIVE  INSURANCE COMPANY AS PROVIDED IN
 SECTION SEVEN THOUSAND TWO OF THE INSURANCE LAW.  THE  MEMBERS  OF  SUCH
 SUBSIDIARY  CORPORATION OF THE AUTHORITY SHALL BE THE SAME PERSONS HOLD-
 ING THE OFFICES OF MEMBERS OF THE AUTHORITY. SUCH SUBSIDIARY CORPORATION
 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 SUBSIDIARY CORPORATION OF  THE  AUTHORITY  SHALL  BE
 SUBJECT  TO  SUIT  IN  ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF
 THIS TITLE. THE EMPLOYEES OF ANY  SUCH  SUBSIDIARY  CORPORATION,  EXCEPT
 THOSE  WHO  ARE  ALSO  EMPLOYEES  OF  THE AUTHORITY, SHALL NOT BE DEEMED
 EMPLOYEES OF THE AUTHORITY.
   § 3. Subdivision (a) of section 1500 of the tax  law,  as  amended  by
 section  21  of  part A of chapter 59 of the laws of 2014, is amended to
 read as follows:
   (a) The term "insurance corporation" includes a  corporation,  associ-
 ation,  joint stock company or association, person, society, aggregation
 or partnership, by whatever name known,  doing  an  insurance  business,
 and, notwithstanding the provisions of section fifteen hundred twelve of
 this  article,  shall  include  (1) a risk retention group as defined in
 subsection (n) of section five thousand nine hundred two of  the  insur-
 ance  law,  (2)  the state insurance fund and (3) a corporation, associ-
 ation, joint stock company or association, person, society,  aggregation
 or  partnership  doing an insurance business as a member of the New York
 insurance exchange described in section six thousand two hundred one  of
 the  insurance  law.  The  definition  of  the  "state  insurance  fund"
 contained in this subdivision shall be limited  in  its  effect  to  the
 provisions  of  this  article and the related provisions of this chapter
 and shall have no force and effect  other  than  with  respect  to  such

 S. 7508--A                         211                        A. 9508--A

 provisions.  The  term  "insurance  corporation"  shall  also  include a
 captive insurance company doing a captive insurance business, as defined
 in subsections (c) and (b), respectively, of section seven thousand  two
 of  the  insurance law; provided, however, "insurance corporation" shall
 not include the metropolitan transportation authority, THE POWER AUTHOR-
 ITY OF NEW YORK OR ANY STATUTORY SUBSIDIARY OR AFFILIATE THEREOF,  or  a
 public  benefit  corporation  or  not-for-profit corporation formed by a
 city with a population of one million or more pursuant to subsection (a)
 of section seven thousand five of the insurance law, each  of  which  is
 expressly exempt from the payment of fees, taxes or assessments, whether
 state  or  local;  and provided further "insurance corporation" does not
 include any combinable captive insurance company.  The  term  "insurance
 corporation"  shall  also include an unauthorized insurer operating from
 an office within the state, pursuant to paragraph five of subsection (b)
 of section one thousand one hundred one and subsection  (i)  of  section
 two  thousand  one  hundred  seventeen  of  the  insurance law. The term
 "insurance corporation" also includes a health maintenance  organization
 required  to  obtain a certificate of authority under article forty-four
 of the public health law.
   § 4. Subdivision (a) of section 1502-b of the tax law, as  amended  by
 section  22  of  part A of chapter 59 of the laws of 2014, is amended to
 read as follows:
   (a) In lieu of the taxes and tax surcharge imposed by sections fifteen
 hundred one, fifteen hundred two-a, fifteen hundred five-a, and  fifteen
 hundred ten of this article, every captive insurance company licensed by
 the  superintendent  of financial services pursuant to the provisions of
 article seventy of the insurance law, other than the metropolitan trans-
 portation authority, THE POWER AUTHORITY OF NEW YORK  OR  ANY  STATUTORY
 SUBSIDIARY  OR  AFFILIATE  THEREOF,  and a public benefit corporation or
 not-for-profit corporation formed by a city with  a  population  of  one
 million  or  more  pursuant  to subsection (a) of section seven thousand
 five of the insurance law, each of which is expressly  exempt  from  the
 payment  of fees, taxes or assessments whether state or local, and other
 than combinable captive insurance company, shall, for the  privilege  of
 exercising  its  corporate  franchise, pay a tax on (1) all gross direct
 premiums, less return premiums thereon,  written  on  risks  located  or
 resident  in  this  state and (2) all assumed reinsurance premiums, less
 return premiums thereon, written on risks located or  resident  in  this
 state.  The  rate  of  the tax imposed on gross direct premiums shall be
 four-tenths of one percent on all  or  any  part  of  the  first  twenty
 million  dollars  of premiums, three-tenths of one percent on all or any
 part of the second twenty million dollars of premiums, two-tenths of one
 percent on all or any part of the third twenty million dollars of premi-
 ums, and seventy-five thousandths of  one  percent  on  each  dollar  of
 premiums thereafter. The rate of the tax on assumed reinsurance premiums
 shall  be  two  hundred twenty-five thousandths of one percent on all or
 any part of the first twenty million dollars of  premiums,  one  hundred
 and  fifty  thousandths  of one percent on all or any part of the second
 twenty million dollars of premiums, fifty thousandths of one percent  on
 all  or  any  part  of  the third twenty million dollars of premiums and
 twenty-five thousandths of one percent on each dollar of premiums there-
 after. The tax imposed by this section shall be equal to the greater  of
 (i)  the  sum  of  the  tax imposed on gross direct premiums and the tax
 imposed on assumed reinsurance premiums or (ii) five thousand dollars.
   § 5. This act shall take effect immediately.

 S. 7508--A                         212                        A. 9508--A
 
                                 PART DDD
 
   Section  1.  Legislative  findings  and intent. The legislature hereby
 finds, determines and declares the following:
   The planning, development and operation of the Hudson River Park as  a
 public  park  continues  to  be  a matter of importance to the state. As
 detailed in the 1998 law creating the park and the trust, chapter 592 of
 the laws of 1998, the creation, development, operation  and  maintenance
 of  the Hudson River Park will enhance and protect the natural, cultural
 and historic aspects of the Hudson River,  enhance  and  afford  quality
 public  access  to  the river, allow for an array of cultural and recre-
 ational programs and provide a host of other public benefits. The chang-
 es to the 1998 law by this act are intended to, after decades  of  delay
 and  inaction,  finally    effectuate the park's general project plan as
 defined in chapter 592 of the laws of 1998, which continues  to  be  the
 operative  planning  document  guiding  park development, protection and
 reuse of a portion of the Hudson River  waterfront  in  lower  Manhattan
 south of 59th street, and are intended to ensure the realization of that
 vision  and  the  park's continuing viability for years to come. Nothing
 herein is  intended  to  alter  or  override  any  prior  determinations
 concerning park planning, development or operation.
   § 2. Paragraph (c) of subdivision 9 of section 7 of chapter 592 of the
 laws  of  1998,  constituting  the  Hudson river park act, as amended by
 chapter 517 of the laws of 2013, is amended to read as follows:
   (c) [The city of New York shall use best efforts to relocate  the  tow
 pound on Pier 76. Subsequent to relocation of the tow pound, the city of
 New  York  shall  promptly  convey to the trust a possessory interest in
 Pier 76 consistent with such interest previously conveyed  with  respect
 to  other  portions of the park, provided that at least fifty percent of
 the Pier 76 footprint shall be used for park uses that  are  limited  to
 passive and active open space and which shall be contiguous to water and
 provided further that the remaining portion shall be for park/commercial
 use.  Upon  such conveyance, Pier 76 shall become part of the park.] (I)
 ON OR BEFORE DECEMBER 31, 2020, THE CITY OF NEW YORK SHALL CONVEY TO THE
 TRUST A POSSESSORY INTEREST IN PIER 76  CONSISTENT  WITH  SUCH  INTEREST
 PREVIOUSLY  CONVEYED  WITH  RESPECT  TO OTHER PORTIONS OF THE PARK. UPON
 SUCH CONVEYANCE, PIER 76 SHALL BECOME PART OF  THE  PARK  AND  FOLLOWING
 REDEVELOPMENT  AT  LEAST FIFTY PERCENT OF THE PIER 76 FOOTPRINT SHALL BE
 USED FOR PARK USES THAT ARE LIMITED TO PASSIVE AND ACTIVE OPEN SPACE AND
 WHICH SHALL BE CONTIGUOUS  TO  WATER;  AND  PROVIDED  FURTHER  THAT  THE
 REMAINING PORTION SHALL BE FOR PARK/COMMERCIAL USE. (II) THE CITY OF NEW
 YORK  SHALL,  PRIOR  TO  DECEMBER  31, 2020, CEASE USING PIER 76 FOR ANY
 PURPOSES. SHOULD THE CITY OF NEW YORK CONTINUE TO OCCUPY PIER 76 FOR ANY
 PURPOSE SUBSEQUENT TO THE CONVEYANCE OF DECEMBER 31, 2020, THE  CITY  OF
 NEW  YORK SHALL (A) COMPENSATE THE TRUST IN THE AMOUNT OF TWELVE MILLION
 DOLLARS, AND (B) BEGINNING FEBRUARY 1, 2021, PAY RENT IN THE  AMOUNT  OF
 THREE  MILLION  DOLLARS FOR EACH COMPLETE OR PARTIAL MONTH OF OCCUPANCY.
 (III) ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF  2020
 WHICH  AMENDED THIS PARAGRAPH, THE TRUST SHALL BE ENTITLED TO REASONABLE
 ACCESS TO  PIER  76  FOR  THE  PURPOSE  OF  CONDUCTING  ASSESSMENTS  AND
 INSPECTIONS  NECESSARY TO FURTHER REDEVELOPMENT OF PIER 76 FOLLOWING ITS
 INCLUSION IN THE PARK.
   § 3. This act shall take effect immediately.
 
                                 PART EEE

 S. 7508--A                         213                        A. 9508--A
 
   Section 1. Section 5 of chapter 451 of the laws of 2017, enacting  the
 New York Buy American Act, is amended to read as follows:
   §  5.  This act shall take effect April 1, 2018 and shall apply to any
 state contracts executed and entered into on  or  after  such  date  and
 shall  exclude  such contracts that have been previously awarded or have
 pending bids or pending requests for proposals issued  as  of  April  1,
 2018, and shall not apply to projects that have commenced project design
 and  environmental  studies prior to such date[; provided, however, that
 this act shall expire and be deemed repealed April 15, 2020].
   § 2. This act shall take effect immediately.
 
                                 PART FFF
 
   Section 1. The labor law is amended by adding a new section  224-a  to
 read as follows:
   §  224-A.  PREVAILING  WAGE  REQUIREMENTS  APPLICABLE  TO CONSTRUCTION
 PROJECTS PERFORMED UNDER PRIVATE CONTRACT. 1. SUBJECT TO THE  PROVISIONS
 OF THIS SECTION, EACH "COVERED PROJECT" AS DEFINED IN THIS SECTION SHALL
 BE  SUBJECT  TO  PREVAILING WAGE REQUIREMENTS IN ACCORDANCE WITH SECTION
 TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-B OF THIS ARTICLE. A  "COVERED
 PROJECT"  SHALL MEAN CONSTRUCTION WORK DONE UNDER CONTRACT WHICH IS PAID
 FOR IN WHOLE OR IN PART OUT OF PUBLIC FUNDS AS SUCH TERM IS  DEFINED  IN
 THIS SECTION WHERE THE AMOUNT OF ALL SUCH PUBLIC FUNDS, WHEN AGGREGATED,
 IS  AT  LEAST THIRTY PERCENT OF THE TOTAL CONSTRUCTION PROJECT COSTS AND
 WHERE SUCH PROJECT  COSTS  ARE  OVER  FIVE  MILLION  DOLLARS  EXCEPT  AS
 PROVIDED FOR BY SECTION TWO HUNDRED TWENTY-FOUR-C OF THIS ARTICLE.
   2.  FOR PURPOSES OF THIS SECTION, "PAID FOR IN WHOLE OR IN PART OUT OF
 PUBLIC FUNDS" SHALL MEAN ANY OF THE FOLLOWING:
   A. THE PAYMENT OF MONEY, BY A PUBLIC ENTITY DIRECTLY TO OR  ON  BEHALF
 OF THE CONTRACTOR, SUBCONTRACTOR, DEVELOPER OR OWNER THAT IS NOT SUBJECT
 TO REPAYMENT;
   B.  THE  SAVINGS  ACHIEVED  FROM FEES, RENTS, INTEREST RATES, OR OTHER
 LOAN COSTS, OR INSURANCE COSTS THAT ARE LOWER THAN  MARKET  RATE  COSTS;
 SAVINGS  FROM  REDUCED TAXES AS A RESULT OF TAX CREDITS, TAX ABATEMENTS,
 TAX EXEMPTIONS OR TAX INCREMENT FINANCING; AND ANY  OTHER  SAVINGS  FROM
 REDUCED,  WAIVED,  OR FORGIVEN COSTS THAT WOULD HAVE OTHERWISE BEEN AT A
 HIGHER OR MARKET RATE BUT FOR THE INVOLVEMENT OF THE PUBLIC ENTITY;
   C. MONEY LOANED BY THE PUBLIC ENTITY THAT IS TO BE REPAID ON A CONTIN-
 GENT BASIS; OR
   D. CREDITS THAT ARE APPLIED BY THE PUBLIC ENTITY AGAINST REPAYMENT  OF
 OBLIGATIONS TO THE PUBLIC ENTITY.
   3.  FOR PURPOSES OF THIS SECTION, "PAID FOR IN WHOLE OR IN PART OUT OF
 PUBLIC FUNDS" SHALL NOT INCLUDE:
   A. BENEFITS UNDER SECTION FOUR HUNDRED TWENTY-ONE-A OF THE REAL  PROP-
 ERTY TAX LAW;
   B.  FUNDS  THAT ARE NOT PROVIDED PRIMARILY TO PROMOTE, INCENTIVIZE, OR
 ENSURE THAT CONSTRUCTION WORK IS PERFORMED,  WHICH  WOULD  OTHERWISE  BE
 CAPTURED IN SUBDIVISION TWO OF THIS SECTION;
   C. FUNDS USED TO INCENTIVIZE OR ENSURE THE DEVELOPMENT OF A COMPREHEN-
 SIVE  SEWAGE  SYSTEM,  INCLUDING  CONNECTION  TO EXISTING SEWER LINES OR
 CREATION OF NEW SEWAGE LINES OR SEWER CAPACITY, PROVIDED, HOWEVER,  THAT
 SUCH  WORK  SHALL  BE  DEEMED  TO  BE  A  PUBLIC  WORK COVERED UNDER THE
 PROVISIONS OF THIS ARTICLE;
   D. TAX BENEFITS PROVIDED FOR PROJECTS THE VALUE OF WHICH ARE NOT  ABLE
 TO BE CALCULATED AT THE TIME THE WORK IS TO BE PERFORMED; AND

 S. 7508--A                         214                        A. 9508--A
 
   E.  ANY  OTHER PUBLIC MONIES, CREDITS, SAVINGS OR LOANS, DETERMINED BY
 THE PUBLIC SUBSIDY BOARD CREATED IN SECTION TWO HUNDRED TWENTY-FOUR-C OF
 THIS ARTICLE AS EXEMPT FROM THIS DEFINITION.
   4.  FOR  PURPOSES  OF THIS SECTION "COVERED PROJECT" SHALL NOT INCLUDE
 ANY OF THE FOLLOWING:
   A. CONSTRUCTION WORK ON ONE OR TWO FAMILY DWELLINGS WHERE THE PROPERTY
 IS THE OWNER'S PRIMARY RESIDENCE,  OR  CONSTRUCTION  WORK  PERFORMED  ON
 PROPERTY WHERE THE OWNER OF THE PROPERTY OWNS NO MORE THAN FOUR DWELLING
 UNITS;
   B.  CONSTRUCTION WORK PERFORMED UNDER A CONTRACT WITH A NOT-FOR-PROFIT
 CORPORATION AS DEFINED IN SECTION ONE HUNDRED TWO OF THE  NOT-FOR-PROFIT
 CORPORATION  LAW,  OTHER THAN A NOT-FOR-PROFIT CORPORATION FORMED EXCLU-
 SIVELY FOR THE PURPOSE OF  HOLDING  TITLE  TO  PROPERTY  AND  COLLECTING
 INCOME  THEREOF  OR  A  LOCAL DEVELOPMENT CORPORATION FORMED PURSUANT TO
 SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT  CORPORATION  LAW,
 WHERE  THE  NOT-FOR-PROFIT  CORPORATION  HAS  GROSS  ANNUAL  REVENUE AND
 SUPPORT LESS THAN FIVE MILLION DOLLARS;
   C. CONSTRUCTION WORK PERFORMED ON A MULTIPLE RESIDENCE  AND/OR  ANCIL-
 LARY AMENITIES OR INSTALLATIONS THAT IS WHOLLY PRIVATELY OWNED IN ANY OF
 THE  FOLLOWING  CIRCUMSTANCES  EXCEPT  AS  PROVIDED  FOR  BY SECTION TWO
 HUNDRED TWENTY-FOUR-C OF THIS ARTICLE:
   (I) WHERE NO LESS THAN THIRTY PERCENT OF  THE  RESIDENTIAL  UNITS  ARE
 AFFORDABLE  FOR  HOUSEHOLDS  UP  TO  EIGHTY  PERCENT  OF THE AREA MEDIAN
 INCOME, PROVIDED THAT AREA MEDIAN INCOME SHALL BE  ADJUSTED  FOR  FAMILY
 SIZE, AS CALCULATED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
 DEVELOPMENT, PROVIDED THAT THE PERIOD OF AFFORDABILITY FOR A RESIDENTIAL
 UNIT  DEEMED  AFFORDABLE UNDER THE PROVISIONS OF THIS PARAGRAPH SHALL BE
 FOR NO LESS THAN FIFTEEN YEARS FROM THE DATE OF CONSTRUCTION; OR
   (II) WHERE NO LESS THAN THIRTY-FIVE PERCENT OF THE  RESIDENTIAL  UNITS
 INVOLVES  THE  PROVISION  OF  SUPPORTIVE HOUSING SERVICES FOR VULNERABLE
 POPULATIONS;
   (III) WHERE CONSTRUCTION WORK IS PERFORMED ON A BUILDING PAID  FOR  IN
 WHOLE OR IN PART OUT OF PUBLIC FUNDS ON AFFORDABLE UNITS FOR PURPOSES OF
 ENSURING  THAT  THE  AFFORDABLE  UNITS  ARE  CREATED OR RETAINED AND ARE
 SUBJECT TO A REGULATORY  AGREEMENT  WITH  A  LOCAL,  STATE,  OR  FEDERAL
 GOVERNMENTAL ENTITY; OR
   (IV)  ANY  OTHER AFFORDABLE OR SUBSIDIZED HOUSING AS DETERMINED BY THE
 PUBLIC SUBSIDY BOARD ESTABLISHED BY SECTION TWO HUNDRED TWENTY-FOUR-C OF
 THIS ARTICLE.
   D. CONSTRUCTION WORK PERFORMED ON A MANUFACTURED HOME PARK AS  DEFINED
 IN  PARAGRAPH THREE OF SUBDIVISION A OF SECTION TWO HUNDRED THIRTY-THREE
 OF THE REAL PROPERTY LAW WHERE THE MANUFACTURED HOME PARK IS SUBJECT  TO
 A  REGULATORY  AGREEMENT  WITH  A  LOCAL, STATE, OR FEDERAL GOVERNMENTAL
 ENTITY FOR NO LESS THAN FIFTEEN YEARS;
   E. CONSTRUCTION WORK PERFORMED UNDER A PRE-HIRE COLLECTIVE  BARGAINING
 AGREEMENT  BETWEEN  AN  OWNER OR CONTRACTOR AND A BONA FIDE BUILDING AND
 CONSTRUCTION TRADE LABOR ORGANIZATION WHICH HAS  ESTABLISHED  ITSELF  AS
 THE  COLLECTIVE  BARGAINING  REPRESENTATIVE  FOR  ALL  PERSONS  WHO WILL
 PERFORM WORK ON SUCH A PROJECT, AND WHICH PROVIDES THAT ONLY CONTRACTORS
 AND SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT  WITH  THE  LABOR
 ORGANIZATION  CAN  PERFORM  WORK ON SUCH A PROJECT, OR CONSTRUCTION WORK
 PERFORMED UNDER A LABOR PEACE AGREEMENT, PROJECT LABOR AGREEMENT, OR ANY
 OTHER CONSTRUCTION WORK PERFORMED UNDER AN ENFORCEABLE AGREEMENT BETWEEN
 AN OWNER OR CONTRACTOR AND A BONA FIDE BUILDING AND  CONSTRUCTION  TRADE
 LABOR ORGANIZATION;

 S. 7508--A                         215                        A. 9508--A
 
   F. CONSTRUCTION WORK PERFORMED ON PROJECTS FUNDED BY SECTION SIXTEEN-N
 OF  THE URBAN DEVELOPMENT CORPORATION ACT OR THE DOWNTOWN REVITALIZATION
 INITIATIVE;
   G. CONSTRUCTION WORK AND ENGINEERING AND CONSULTING SERVICES PERFORMED
 IN CONNECTION WITH THE INSTALLATION OF A RENEWABLE ENERGY SYSTEM, RENEW-
 ABLE HEATING OR COOLING SYSTEM, OR ENERGY STORAGE SYSTEM, WITH A CAPACI-
 TY EQUAL TO OR UNDER FIVE MEGAWATTS ALTERNATING CURRENT;
   H.  CONSTRUCTION  WORK  PERFORMED ON SUPERMARKET RETAIL SPACE BUILT OR
 RENOVATED WITH TAX INCENTIVES PROVIDED UNDER THE FOOD  RETAIL  EXPANSION
 TO  SUPPORT  HEALTH (FRESH) PROGRAM THROUGH THE NEW YORK CITY INDUSTRIAL
 DEVELOPMENT AGENCY;
   I. CONSTRUCTION WORK PERFORMED FOR INTERIOR FIT-OUTS AND  IMPROVEMENTS
 UNDER  TEN  THOUSAND  SQUARE  FEET  THROUGH  SMALL  BUSINESS  INCUBATION
 PROGRAMS OPERATED BY THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION;
   J. CONSTRUCTION WORK ON SPACE TO BE USED  AS  A  SCHOOL  UNDER  TWENTY
 THOUSAND  SQUARE  FEET,  PURSUANT TO A LEASE FROM A PRIVATE OWNER TO THE
 NEW YORK CITY  DEPARTMENT  OF  EDUCATION  AND  THE  SCHOOL  CONSTRUCTION
 AUTHORITY; OR
   K.  CONSTRUCTION WORK PERFORMED ON PROJECTS THAT RECEIVED TAX BENEFITS
 RELATED TO BROWNFIELD REMEDIATION, BROWNFIELD REDEVELOPMENT, OR HISTORIC
 REHABILITATION PURSUANT TO SECTIONS TWENTY-ONE, TWENTY-TWO, ONE  HUNDRED
 EIGHTY-SEVEN-G  OR  ONE  HUNDRED EIGHTY-SEVEN-H OF THE TAX LAW, SUBDIVI-
 SIONS SEVENTEEN, EIGHTEEN, OR TWENTY-SIX OF SECTION TWO HUNDRED TEN-B OF
 THE TAX LAW, SUBSECTIONS (DD), (EE), (OO) OR (PP) OF SECTION SIX HUNDRED
 SIX OF THE TAX LAW, OR SUBDIVISIONS (U), (V) OR (Y) OF  SECTION  FIFTEEN
 HUNDRED ELEVEN OF THE TAX LAW.
   5.  FOR  PURPOSES  OF THIS SECTION, "PUBLIC ENTITY" SHALL INCLUDE, BUT
 SHALL NOT BE LIMITED TO, THE STATE, A LOCAL DEVELOPMENT  CORPORATION  AS
 DEFINED  IN  SUBDIVISION  EIGHT  OF  SECTION EIGHTEEN HUNDRED ONE OF THE
 PUBLIC AUTHORITIES LAW OR SECTION FOURTEEN HUNDRED ELEVEN  OF  THE  NOT-
 FOR-PROFIT  CORPORATION  LAW,  A  MUNICIPAL  CORPORATION  AS  DEFINED IN
 SECTION ONE HUNDRED NINETEEN-N OF THE GENERAL MUNICIPAL LAW,  AN  INDUS-
 TRIAL  DEVELOPMENT  AGENCY  FORMED PURSUANT TO ARTICLE EIGHTEEN-A OF THE
 GENERAL MUNICIPAL  LAW  OR  INDUSTRIAL  DEVELOPMENT  AUTHORITIES  FORMED
 PURSUANT  TO ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW, AND ANY STATE,
 LOCAL OR INTERSTATE OR INTERNATIONAL AUTHORITIES AS DEFINED  IN  SECTION
 TWO  OF  THE PUBLIC AUTHORITIES LAW; AND SHALL INCLUDE ANY TRUST CREATED
 BY ANY SUCH ENTITIES.
   6. FOR PURPOSES OF THIS SECTION, "CONSTRUCTION" MEANS WORK WHICH SHALL
 BE AS DEFINED BY THE PUBLIC SUBSIDY BOARD TO REQUIRE PAYMENT OF PREVAIL-
 ING WAGE, AND WHICH MAY INVOLVE THE EMPLOYMENT OF LABORERS, WORKERS,  OR
 MECHANICS.
   7.  FOR PURPOSES OF THIS SECTION AND SECTION TWO HUNDRED TWENTY-FOUR-B
 OF THIS ARTICLE, THE "FISCAL OFFICER" SHALL BE DEEMED TO BE THE  COMMIS-
 SIONER.
   8.  THE  ENFORCEMENT  OF  ANY CONSTRUCTION WORK DEEMED TO BE A COVERED
 PROJECT PURSUANT TO THIS SECTION, AND ANY ADDITIONAL REQUIREMENTS, SHALL
 BE SUBJECT, IN ADDITION TO THIS SECTION, ONLY  TO  THE  REQUIREMENTS  OF
 SECTIONS  TWO  HUNDRED  TWENTY,  TWO  HUNDRED TWENTY-FOUR-B, TWO HUNDRED
 TWENTY-FOUR-C, AND TWO HUNDRED TWENTY-B OF THIS ARTICLE AND  WITHIN  THE
 JURISDICTION OF THE FISCAL OFFICER; PROVIDED, HOWEVER, NOTHING CONTAINED
 IN  THIS  SECTION  SHALL  BE  DEEMED  TO CONSTRUE ANY COVERED PROJECT AS
 OTHERWISE BEING CONSIDERED PUBLIC WORK PURSUANT  TO  THIS  ARTICLE;  AND
 FURTHER PROVIDED:
   A.  THE OWNER OR DEVELOPER OF SUCH COVERED PROJECT SHALL CERTIFY UNDER
 PENALTY OF PERJURY WITHIN FIVE DAYS OF COMMENCEMENT OF CONSTRUCTION WORK

 S. 7508--A                         216                        A. 9508--A
 
 WHETHER THE PROJECT AT ISSUE  IS  SUBJECT  TO  THE  PROVISIONS  OF  THIS
 SECTION THROUGH THE USE OF A STANDARD FORM DEVELOPED BY THE FISCAL OFFI-
 CER.
   B.  THE  OWNERS  OR  DEVELOPERS  OF  A  PROPERTY WHO ARE UNDERTAKING A
 PROJECT UNDER PRIVATE CONTRACT, MAY SEEK GUIDANCE FROM THE PUBLIC SUBSI-
 DY BOARD CONTAINED IN SECTION TWO HUNDRED TWENTY-FOUR-C OF THIS ARTICLE,
 AND SUCH BOARD MAY RENDER AN OPINION AS TO WHETHER OR NOT THE PROJECT IS
 A COVERED PROJECT WITHIN THE MEANING OF THIS ARTICLE. ANY SUCH  DETERMI-
 NATION  SHALL  NOT  BE REVIEWABLE BY THE FISCAL OFFICER, NOR SHALL IT BE
 REVIEWABLE BY THE DEPARTMENT PURSUANT TO SECTION TWO HUNDRED  TWENTY  OF
 THIS ARTICLE.
   C.  THE  OWNER  OR DEVELOPER OF A COVERED PROJECT SHALL BE RESPONSIBLE
 FOR RETAINING ORIGINAL PAYROLL RECORDS IN ACCORDANCE  WITH  SECTION  TWO
 HUNDRED  TWENTY  OF  THIS  ARTICLE  FOR  A  PERIOD OF SIX YEARS FROM THE
 CONCLUSION OF SUCH WORK. ALL PAYROLL RECORDS MAINTAINED BY AN  OWNER  OR
 DEVELOPER  PURSUANT  TO  THIS  SECTION SHALL BE SUBJECT TO INSPECTION ON
 REQUEST OF THE FISCAL OFFICER.  SUCH OWNER OR  DEVELOPER  MAY  AUTHORIZE
 THE  PRIME CONTRACTOR OF THE CONSTRUCTION PROJECT TO TAKE RESPONSIBILITY
 FOR RETAINING AND MAINTAINING PAYROLL RECORDS, BUT WILL BE HELD  JOINTLY
 AND  SEVERALLY LIABLE FOR ANY VIOLATIONS OF SUCH CONTRACTOR. ALL RECORDS
 OBTAINED BY THE FISCAL OFFICER SHALL BE SUBJECT TO THE FREEDOM OF INFOR-
 MATION LAW.
   D. EACH PUBLIC ENTITY PROVIDING ANY OF  THE  PUBLIC  FUNDS  LISTED  IN
 SUBDIVISION  TWO  OF  THIS SECTION TO AN OWNER, DEVELOPER, CONTRACTOR OR
 SUBCONTRACTOR OF A PROJECT SHALL IDENTIFY THE NATURE AND DOLLAR VALUE OF
 SUCH FUNDS AND WHETHER ANY SUCH FUNDS  ARE  EXCLUDED  UNDER  SUBDIVISION
 THREE OF THIS SECTION AND SHALL SO NOTIFY THE RECIPIENT OF SUCH FUNDS OF
 SUCH  DETERMINATION  AND  OF THEIR OBLIGATIONS UNDER PARAGRAPH A OF THIS
 SUBDIVISION.
   E. THE FISCAL OFFICER MAY ISSUE RULES AND  REGULATIONS  GOVERNING  THE
 PROVISIONS  OF THIS SECTION. VIOLATIONS OF THIS SECTION SHALL BE GROUNDS
 FOR DETERMINATIONS AND ORDERS PURSUANT TO SECTION TWO  HUNDRED  TWENTY-B
 OF THIS ARTICLE.
   9.  EACH  OWNER  AND  DEVELOPER  SUBJECT  TO  THE REQUIREMENTS OF THIS
 SECTION SHALL COMPLY WITH THE  OBJECTIVES  AND  GOALS  OF  MINORITY  AND
 WOMEN-OWNED  BUSINESS  ENTERPRISES  PURSUANT TO ARTICLE FIFTEEN-A OF THE
 EXECUTIVE LAW AND SERVICE-DISABLED VETERAN-OWNED BUSINESSES PURSUANT  TO
 ARTICLE  SEVENTEEN-B  OF THE EXECUTIVE LAW.  THE DEPARTMENT IN CONSULTA-
 TION WITH THE DIRECTORS OF THE DIVISION OF MINORITY AND WOMEN'S BUSINESS
 DEVELOPMENT AND OF THE DIVISION OF SERVICE-DISABLED  VETERANS'  BUSINESS
 DEVELOPMENT SHALL MAKE TRAINING AND RESOURCES AVAILABLE TO ASSIST MINOR-
 ITY  AND  WOMEN-OWNED BUSINESS ENTERPRISES AND SERVICE-DISABLED VETERAN-
 OWNED BUSINESS ENTERPRISES ON  COVERED  PROJECTS  ACHIEVE  AND  MAINTAIN
 COMPLIANCE  WITH PREVAILING WAGE REQUIREMENTS. THE DEPARTMENT SHALL MAKE
 SUCH TRAINING AND RESOURCES AVAILABLE ONLINE AND SHALL  AFFORD  MINORITY
 AND  WOMEN-OWNED BUSINESS ENTERPRISES AND SERVICE-DISABLED VETERAN-OWNED
 BUSINESS ENTERPRISES AN OPPORTUNITY TO SUBMIT COMMENTS ON SUCH TRAINING.
   10. A. THE FISCAL OFFICER SHALL REPORT TO THE GOVERNOR, THE  TEMPORARY
 PRESIDENT  OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY BY JULY FIRST,
 TWO THOUSAND TWENTY-TWO, AND ANNUALLY THEREAFTER, ON  THE  PARTICIPATION
 OF  MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES IN RELATION TO COVERED
 PROJECTS AND CONTRACTS FOR PUBLIC WORK SUBJECT TO THE PROVISIONS OF THIS
 SECTION AND SECTION TWO HUNDRED TWENTY OF THIS ARTICLE  RESPECTIVELY  AS
 WELL  AS  THE  DIVERSITY  PRACTICES  OF  CONTRACTORS  AND SUBCONTRACTORS
 EMPLOYING LABORERS, WORKERS, AND MECHANICS ON SUCH PROJECTS.

 S. 7508--A                         217                        A. 9508--A
 
   B. SUCH REPORTS SHALL INCLUDE AGGREGATED DATA ON THE  UTILIZATION  AND
 PARTICIPATION  OF  MINORITY  AND  WOMEN-OWNED  BUSINESS ENTERPRISES, THE
 EMPLOYMENT OF MINORITIES AND WOMEN IN CONSTRUCTION-RELATED JOBS ON  SUCH
 PROJECTS,  AND  THE COMMITMENT OF CONTRACTORS AND SUBCONTRACTORS ON SUCH
 PROJECTS TO ADOPTING PRACTICES AND POLICIES THAT PROMOTE DIVERSITY WITH-
 IN  THE  WORKFORCE.    THE  REPORTS SHALL ALSO EXAMINE THE COMPLIANCE OF
 CONTRACTORS AND SUBCONTRACTORS WITH OTHER EQUAL  EMPLOYMENT  OPPORTUNITY
 REQUIREMENTS  AND  ANTI-DISCRIMINATION  LAWS,  IN  ADDITION TO ANY OTHER
 EMPLOYMENT PRACTICES DEEMED PERTINENT BY THE COMMISSIONER.
   C. THE FISCAL OFFICER MAY REQUIRE ANY OWNER OR DEVELOPER  TO  DISCLOSE
 INFORMATION  ON  THE  PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESS
 ENTERPRISES AND THE DIVERSITY PRACTICES OF CONTRACTORS  AND  SUBCONTRAC-
 TORS  INVOLVED  IN  THE PERFORMANCE OF ANY COVERED PROJECT.  IT SHALL BE
 THE DUTY OF THE FISCAL OFFICER TO CONSULT AND TO SHARE SUCH  INFORMATION
 IN ORDER TO EFFECTUATE THE REQUIREMENTS OF THIS SECTION.
   11. IF CONSTRUCTION WORK IS NOT DEEMED TO BE A COVERED PROJECT, WHETH-
 ER  BY  VIRTUE OF AN EXCLUSION OF SUCH PROJECT UNDER SUBDIVISION FOUR OF
 THIS SECTION, OR BY VIRTUE OR NOT RECEIVING SUFFICIENT PUBLIC  MONEY  TO
 BE  DEEMED  "PAID  FOR  IN  WHOLE  OR IN PART OUT OF PUBLIC FUNDS", SUCH
 PROJECT SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF SECTIONS TWO HUNDRED
 TWENTY AND TWO HUNDRED TWENTY-B OF THIS ARTICLE.
   § 2. The labor law is amended by adding two  new  sections  224-b  and
 224-c to read as follows:
   §  224-B.  STOP-WORK ORDERS. WHERE A COMPLAINT IS RECEIVED PURSUANT TO
 THIS ARTICLE, OR WHERE THE FISCAL OFFICER UPON HIS OR HER  OWN  INVESTI-
 GATION,  FINDS  CAUSE TO BELIEVE THAT ANY PERSON, IN CONNECTION WITH THE
 PERFORMANCE OF ANY CONTRACT FOR PUBLIC  WORK  PURSUANT  TO  SECTION  TWO
 HUNDRED  TWENTY  OF  THIS  ARTICLE  OR  ANY  COVERED PROJECT PURSUANT TO
 SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE, HAS SUBSTANTIALLY AND
 MATERIALLY FAILED TO COMPLY WITH OR INTENTIONALLY EVADED THE  PROVISIONS
 OF THIS ARTICLE, THE FISCAL OFFICER MAY NOTIFY SUCH PERSON IN WRITING OF
 HIS  OR  HER INTENTION TO ISSUE A STOP-WORK ORDER. SUCH NOTICE SHALL (I)
 BE SERVED IN A MANNER CONSISTENT WITH SECTION THREE HUNDRED EIGHT OF THE
 CIVIL PRACTICE LAW AND RULES; (II) NOTIFY SUCH  PERSON  OF  HIS  OR  HER
 RIGHT  TO  A  HEARING;  AND (III) STATE THE FACTUAL BASIS UPON WHICH THE
 FISCAL OFFICER HAS BASED HIS OR HER DECISION TO ISSUE A STOP-WORK ORDER.
 ANY DOCUMENTS, REPORTS, OR INFORMATION THAT FORM A BASIS FOR SUCH  DECI-
 SION  SHALL  BE  PROVIDED TO SUCH PERSON WITHIN A REASONABLE TIME BEFORE
 THE HEARING. SUCH HEARING SHALL BE EXPEDITIOUSLY CONDUCTED.
   FOLLOWING THE HEARING, IF THE FISCAL OFFICER ISSUES A STOP-WORK ORDER,
 IT SHALL BE SERVED BY REGULAR MAIL, AND A SECOND COPY MAY BE  SERVED  BY
 TELEFACSIMILE OR BY ELECTRONIC MAIL, WITH SERVICE EFFECTIVE UPON RECEIPT
 OF ANY SUCH ORDER. SUCH STOP-WORK ORDER SHALL ALSO BE SERVED WITH REGARD
 TO  A WORKSITE BY POSTING A COPY OF SUCH ORDER IN A CONSPICUOUS LOCATION
 AT THE WORKSITE. THE ORDER SHALL REMAIN IN EFFECT UNTIL THE FISCAL OFFI-
 CER DIRECTS THAT THE STOP-WORK ORDER BE REMOVED, UPON A  FINAL  DETERMI-
 NATION  ON  THE  COMPLAINT  OR WHERE SUCH FAILURE TO COMPLY OR EVADE HAS
 BEEN DEEMED CORRECTED. IF THE PERSON AGAINST WHOM SUCH ORDER  IS  ISSUED
 SHALL  WITHIN THIRTY DAYS AFTER ISSUANCE OF THE STOP-WORK ORDER MAKES AN
 APPLICATION IN AFFIDAVIT FORM FOR A REDETERMINATION REVIEW OF SUCH ORDER
 THE FISCAL OFFICER SHALL MAKE A DECISION IN WRITING ON THE ISSUES RAISED
 IN SUCH APPLICATION. THE FISCAL OFFICER MAY DIRECT A CONDITIONAL RELEASE
 FROM A STOP-WORK ORDER UPON A FINDING THAT SUCH PERSON HAS  TAKEN  MEAN-
 INGFUL  AND GOOD FAITH STEPS TO COMPLY WITH THE PROVISIONS OF THIS ARTI-
 CLE.

 S. 7508--A                         218                        A. 9508--A
 
   § 224-C. PUBLIC SUBSIDY BOARD. 1. A BOARD ON PUBLIC SUBSIDIES, HEREIN-
 AFTER "THE BOARD", IS HEREBY CREATED, TO CONSIST OF ELEVEN MEMBERS.  THE
 ELEVEN MEMBERS SHALL BE APPOINTED BY THE GOVERNOR AS FOLLOWS: ONE MEMBER
 UPON  THE  RECOMMENDATION  OF THE TEMPORARY PRESIDENT OF THE SENATE, ONE
 MEMBER  UPON  THE  RECOMMENDATION  OF  THE  SPEAKER OF THE ASSEMBLY, THE
 COMMISSIONER, THE PRESIDENT OF THE EMPIRE STATE DEVELOPMENT CORPORATION,
 THE DIRECTOR OF THE DIVISION OF  THE  BUDGET,  ONE  PERSON  REPRESENTING
 EMPLOYEES  IN  THE  CONSTRUCTION  INDUSTRY,  AND ONE PERSON REPRESENTING
 EMPLOYERS IN THE CONSTRUCTION INDUSTRY.  THE COMMISSIONER SHALL  ACT  AS
 THE  CHAIR.  THE  MEMBERS  SHALL  SERVE AT THE PLEASURE OF THE AUTHORITY
 RECOMMENDING, DESIGNATING, OR OTHERWISE APPOINTING SUCH MEMBER AND SHALL
 SERVE WITHOUT SALARY OR COMPENSATION BUT SHALL BE REIMBURSED FOR  NECES-
 SARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   2. THE BOARD SHALL MEET ON AN AS NEEDED BASIS AND SHALL HAVE THE POWER
 TO  CONDUCT  PUBLIC  HEARINGS. THE BOARD MAY ALSO CONSULT WITH EMPLOYERS
 AND EMPLOYEES, AND THEIR RESPECTIVE REPRESENTATIVES, IN THE CONSTRUCTION
 INDUSTRY AND WITH SUCH OTHER PERSONS, INCLUDING THE COMMISSIONER, AS  IT
 SHALL  DETERMINE.   NO PUBLIC OFFICER OR EMPLOYEE APPOINTED TO THE BOARD
 SHALL FORFEIT ANY POSITION OR OFFICE BY VIRTUE OF  APPOINTMENT  TO  SUCH
 BOARD.  ANY  PROCEEDINGS OF THE BOARD WHICH RELATE TO A PARTICULAR INDI-
 VIDUAL OR PROJECT SHALL BE CONFIDENTIAL.
   3. THE BOARD MAY EXAMINE AND MAKE RECOMMENDATIONS WHICH SHALL HAVE THE
 FULL FORCE AND EFFECT OF LAW, REGARDING THE FOLLOWING:
   (A) THE MINIMUM THRESHOLD PERCENTAGE OF  PUBLIC  FUNDS  SET  FORTH  IN
 SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE;
   (B)  THE MINIMUM DOLLAR THRESHOLD OF PROJECTS SET FORTH IN SUBDIVISION
 ONE OF SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE;
   (C) CONSTRUCTION WORK EXCLUDED AS A COVERED PROJECT, AS SET  FORTH  IN
 SUBPARAGRAPHS  (I), (II) AND (III) OF PARAGRAPH C OF SUBDIVISION FOUR OF
 SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE;
   (D) THE DEFINITION OF CONSTRUCTION FOR PURPOSES OF SECTION TWO HUNDRED
 TWENTY-FOUR-A OF THIS ARTICLE; OR
   (E) PARTICULAR INSTANCES OF BENEFITS, MONIES OR CREDITS AS TO  WHETHER
 OR NOT THEY SHOULD CONSTITUTE PUBLIC FUNDS.
   4.  IN  MAKING ITS RECOMMENDATIONS, THE BOARD SHALL EXAMINE THE IMPACT
 OF SUCH THRESHOLDS AND CIRCUMSTANCES ON PRIVATE DEVELOPMENT IN LIGHT  OF
 AVAILABLE PUBLIC SUBSIDIES, EXISTING LABOR MARKET CONDITIONS, PREVAILING
 WAGE  AND  SUPPLEMENT  PRACTICES, AND SHALL CONSIDER THE EXTENT TO WHICH
 ADJUSTMENTS  TO  SUCH  THRESHOLDS  AND  CIRCUMSTANCES  COULD  AMELIORATE
 ADVERSE IMPACTS, IF ANY, OR EXPAND OPPORTUNITIES FOR PREVAILING WAGE AND
 SUPPLEMENT   STANDARDS   ON  PUBLICLY  SUBSIDIZED  PRIVATE  CONSTRUCTION
 PROJECTS IN ANY REGION OR REGIONS OF THE STATE.
   5. THE BOARD SHALL BE EMPOWERED TO ISSUE BINDING DETERMINATIONS TO ANY
 PUBLIC ENTITY, OR ANY PRIVATE OR NOT-FOR-PROFIT OWNER OR DEVELOPER AS TO
 ANY PARTICULAR MATTER  RELATED  TO  AN  EXISTING  OR  POTENTIAL  COVERED
 PROJECT.  IN  SUCH  INSTANCES THE BOARD SHALL MAKE A DETERMINATION BASED
 UPON DOCUMENTS, OR TESTIMONY, OR BOTH IN ITS SOLE DISCRETION.  ANY  SUCH
 PROCEEDING  SHALL BE CONFIDENTIAL. THE DETERMINATION ISSUED BY THE BOARD
 SHALL BE FINAL, AND MAY NOT BE APPEALED TO THE COMMISSIONER,  NOR  SHALL
 ANY  PRIVATE  RIGHT  OF  ACTION  ACCRUE TO ANY INDIVIDUAL TO ENFORCE THE
 TERMS OF THIS ARTICLE.
   § 3. The labor law is amended by adding a new section 813-a to read as
 follows:
   § 813-A. ANNUAL REPORTS BY APPRENTICESHIP PROGRAMS. 1.  ON  AN  ANNUAL
 BASIS,  ALL APPRENTICESHIP PROGRAMS COVERED UNDER THE PROVISIONS OF THIS
 ARTICLE SHALL REPORT TO THE DEPARTMENT ON THE PARTICIPATION  OF  APPREN-

 S. 7508--A                         219                        A. 9508--A
 
 TICES  CURRENTLY ENROLLED IN SUCH APPRENTICESHIP PROGRAM. THE DATA TO BE
 INCLUDED IN SUCH REPORT SHALL INCLUDE, AT A  MINIMUM:  (A)    THE  TOTAL
 NUMBER OF APPRENTICES IN SUCH APPRENTICESHIP PROGRAM; (B) THE DEMOGRAPH-
 IC INFORMATION OF SUCH APPRENTICES TO THE EXTENT SUCH DATA IS AVAILABLE,
 INCLUDING,  BUT  NOT  LIMITED  TO, THE AGE, GENDER, RACE, ETHNICITY, AND
 NATIONAL ORIGIN OF SUCH APPRENTICES; (C) THE  RATE  OF  ADVANCEMENT  AND
 GRADUATION  OF  SUCH  APPRENTICES; AND (D) THE RATE OF PLACEMENT OF SUCH
 APPRENTICES ONTO JOB SITES AS WELL AS  THE  DEMOGRAPHIC  INFORMATION  OF
 SUCH  APPRENTICES  TO  THE EXTENT SUCH DATA IS AVAILABLE, INCLUDING, BUT
 NOT LIMITED TO THE AGE, GENDER, RACE, ETHNICITY, AND NATIONAL ORIGIN  OF
 SUCH APPRENTICES.
   2.  THE  DEPARTMENT  SHALL  MAKE  SUCH  DATA PUBLICLY AVAILABLE ON ITS
 WEBSITE BY JULY FIRST, TWO THOUSAND TWENTY-TWO AND ON AN  ANNUAL  BASIS,
 BUT NO LATER THAN DECEMBER THIRTY-FIRST OF EACH FOLLOWING YEAR.
   3. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS NECESSARY FOR
 THE IMPLEMENTATION OF THIS SECTION.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, or section 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,  or  section  thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered. It is hereby declared to be the intent of the legislature
 that this act would have been enacted even if  such  invalid  provisions
 had not been included herein.
   §  5.  This  act  shall take effect on July 1, 2021 and shall apply to
 contracts for  construction  executed,  incentive  agreements  executed,
 procurements  or  solicitations  issued,  or  applications  for building
 permits on or after such date; provided however that this act shall  not
 apply  to  any  appropriations  of public funds made prior to the day on
 which this act shall have become a law, or to re-appropriations of  such
 funds  first  appropriated prior to the day on which this act shall have
 become a law.   Effective immediately, the  addition,  amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.
 
                                 PART GGG
 
   Section  1.  The  legislature  hereby establishes the New York digital
 marketplace worker classification task force (hereinafter referred to as
 the "task force") to provide the governor and  the  legislature  with  a
 legislative  recommendation  addressing the conditions of employment and
 classification of workers in the modern  economy  of  on-demand  workers
 connected to customers via the internet.
   §  2.  1. The task force shall consist of nine members to be appointed
 as follows:
   a. seven members appointed by the governor;
   b. one member appointed by the temporary president of the senate; and
   c. one member appointed by the speaker of the assembly.
   2. The members of the task force shall include but not be  limited  to
 representatives of businesses impacted, labor groups and workers.
   3.  The  members  of  the task force shall receive no compensation for
 their services but shall be allowed their actual and necessary  expenses
 incurred in the performance of their duties pursuant to this act.

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   4.  Any  vacancies in the membership of the task force shall be filled
 in the same manner provided for in the initial appointment.
   5.  The task force may consult with any organization, government enti-
 ty, or person, in the  development  of  its  legislative  recommendation
 report required under section three of this act.
   §  3.  On  or  before  May 1, 2020, the task force shall submit to the
 governor, the temporary president of the senate and the speaker  of  the
 assembly,  a  legislative recommendation containing, but not limited to,
 the following:
   a. the necessary wages sufficient to provide adequate maintenance  and
 to protect the health of the workers engaged in work in the modern econ-
 omy, addressing specific categories of benefits available to workers;
   b. the proper classification of workers;
   c. the criteria necessary to determine if a worker is an employee;
   d.  laws regulating safety and health for workers currently classified
 as independent contractors;
   e. collective bargaining;
   f. the availability of anti-discrimination,  opportunity  and  privacy
 protections for workers currently classified as independent contractors;
 and
   g. any other statutory changes necessary.
   §  4.  The  labor law is amended by adding a new section 44 to read as
 follows:
   § 44. CLASSIFICATION OF DIGITAL MARKETPLACE WORKERS. A.  FOR  PURPOSES
 OF  THIS  SECTION,  "DIGITAL MARKETPLACE COMPANY" MEANS AN ORGANIZATION,
 INCLUDING, BUT NOT LIMITED TO A CORPORATION, LIMITED LIABILITY  COMPANY,
 PARTNERSHIP,  SOLE  PROPRIETOR,  OR  ANY  OTHER  ENTITY, THAT OPERATES A
 WEBSITE OR SMARTPHONE  APPLICATION,  OR  BOTH,  THAT  CUSTOMERS  USE  TO
 PURCHASE,  SCHEDULE AND/OR OTHERWISE ARRANGE SERVICES INCLUDING, BUT NOT
 LIMITED TO REPAIR, MAINTENANCE, CONSTRUCTION, PAINTING, ASSEMBLY, CLEAN-
 ING, LAUNDRY, HOUSEKEEPING, DELIVERY, TRANSPORTATION, COOKING, TUTORING,
 MASSAGE, ACUPUNCTURE, BABYSITTING, HOME  CARE,  HEALTHCARE,  FIRST  AID,
 COMPANIONSHIP,  OR  INSTRUCTION,  AND WHERE SUCH COMPANY UTILIZES ONE OR
 MORE INDIVIDUALS TO PROVIDE SUCH SERVICES. SUCH ORGANIZATION: (I) ESTAB-
 LISHES THE  GROSS  AMOUNTS  EARNED  BY  THE  INDIVIDUAL  PROVIDING  SUCH
 SERVICES;  (II)  ESTABLISHES  THE AMOUNTS CHARGED TO THE CONSUMER; (III)
 COLLECTS PAYMENT FROM THE CONSUMER; (IV) PAYS  THE  INDIVIDUAL;  OR  ANY
 COMBINATION  OF  THE  FOREGOING  ACTIONS; AND THE INDIVIDUAL MAY PROVIDE
 SUCH SERVICES IN THE NAME OF THE INDIVIDUAL, OR IN THE NAME OF  A  BUSI-
 NESS,  OR AS A SEPARATE BUSINESS ENTITY, AND WITHOUT REGARD THE CONSUMER
 OF SUCH PERSONAL SERVICES MAY BE AN INDIVIDUAL, BUSINESS, OTHER  ENTITY,
 OR  ANY  COMBINATION  THEREOF. PROVIDED, HOWEVER, NO GOVERNMENTAL ENTITY
 SHALL BE CONSIDERED A DIGITAL MARKETPLACE COMPANY.
   B. (1) THE COMMISSIONER IS HEREBY AUTHORIZED TO PROMULGATE REGULATIONS
 DETERMINING THE  APPROPRIATE  CLASSIFICATION  OF  INDIVIDUALS  PROVIDING
 SERVICES  FOR  A DIGITAL MARKETPLACE COMPANY AS DEFINED IN SUBDIVISION A
 OF THIS SECTION AND SUCH REGULATIONS SHALL HAVE THE FORCE AND EFFECT  OF
 LAW.
   (2)  SUCH  REGULATIONS  SHALL  SET  FORTH THE APPROPRIATE STANDARD FOR
 DETERMINATION OF WHETHER A WORKER SHOULD BE CLASSIFIED AS AN EMPLOYEE OR
 AN INDEPENDENT CONTRACTOR, AND SHALL CONSIDER THE FOLLOWING  CONDITIONS:
 (I) WHETHER THE INDIVIDUAL IS FREE FROM THE CONTROL AND DIRECTION OF THE
 DIGITAL  MARKETPLACE  COMPANY  IN CONNECTION WITH THE PERFORMANCE OF THE
 WORK; (II) WHETHER THE INDIVIDUAL PERFORMS  WORK  THAT  IS  OUTSIDE  THE
 USUAL  COURSE  OF  THE DIGITAL MARKETPLACE COMPANY'S BUSINESS; AND (III)
 WHETHER THE INDIVIDUAL IS CUSTOMARILY ENGAGED IN AN INDEPENDENTLY ESTAB-

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 LISHED TRADE, OCCUPATION, PROFESSION OR BUSINESS THAT IS SIMILAR TO  THE
 SERVICE AT ISSUE.
   (3) WORKERS CLASSIFIED AS EMPLOYEES AS PROVIDED FOR IN THIS SECTION OR
 WHO SATISFY ANY OTHER LEGAL TEST FOR EMPLOYMENT, OR HAVE BEEN DETERMINED
 BY  A COURT OR ADMINISTRATIVE AGENCY TO BE EMPLOYEES, SHALL NOT HAVE ANY
 RIGHTS OR PROTECTIONS DIMINISHED BY APPLICATION OF THIS SECTION.
   C. THE COMMISSIONER MAY EXEMPT ANY COMPANY FROM  APPLICATION  OF  THIS
 SECTION,  PROVIDED  SUCH COMPANY HAS ENTERED INTO A COLLECTIVELY NEGOTI-
 ATED AGREEMENT WITH A RECOGNIZED COLLECTIVE BARGAINING AGENT.
   § 5. This act shall take effect immediately; provided,  however,  that
 section four of this act shall take effect May 1, 2020.
 
                                 PART HHH
 
   Section 1. Section 89-w of the general business law, as added by chap-
 ter 634 of the laws of 1994, is amended to read as follows:
   §  89-w. Applicability. The provisions of this article shall not apply
 to a not-for-profit security guard company or public entity which  hires
 a security guard or guards for a specific event or events solely for its
 own  proprietary  use  and  which employs such security guards only on a
 temporary basis for a total period not exceeding [fifteen]  TWENTY  days
 per year.
   § 2. This act shall take effect immediately.
 
                                 PART III
 
   Section  1.  Subdivision 3 of section 16-o of section 1 of chapter 174
 of the laws of 1968 constituting the New York  state  urban  development
 corporation act, as added by chapter 186 of the laws of 2007, is amended
 to read as follows:
   3.  Establishment and purposes. The corporation shall establish a fund
 to be known as the "community development financial  institutions  fund"
 and  shall  pay  into  such fund any monies made available to the corpo-
 ration for such fund from any source. The monies held in or credited  to
 the  fund  shall  be  expended solely for the purposes set forth in this
 section. The corporation shall not commingle the  monies  of  such  fund
 with  any other monies of the corporation or any monies held in trust by
 the corporation. The corporation  is  authorized,  [within]  SUBJECT  TO
 available  [appropriations]  FUNDING, to provide financial and technical
 assistance to community development  financial  institutions  that  make
 loans  and  provide development services to specific investment areas or
 targeted populations.
   § 2. This act shall take effect immediately.

                                 PART JJJ
 
   Section 1. This act shall be known as the "accelerated renewable ener-
 gy growth and community benefit act".
   § 2. Legislative findings and statement of  purpose.  The  legislature
 hereby finds, determines and declares:
   1.  Chapter 106 of the laws of 2019 enacted the New York state climate
 leadership and  community  protection  act  (the  "CLCPA")  among  other
 things:
   (a) directed the department of environmental conservation to establish
 a statewide greenhouse gas emissions limit as a percentage of 1990 emis-

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 sions as follows: (i) 2030: 60% of 1990 emissions; and (ii) 2050: 15% of
 1990 emissions;
   (b) directed the public service commission ("commission") to establish
 programs  to require that a minimum of 70% statewide electric generation
 be produced by renewable energy systems by 2030, and that  by  the  year
 2040  the  statewide  electrical  demand system will generate zero emis-
 sions; and
   (c) directed the commission to require the procurement by the  state's
 jurisdictional load serving entities of at least 9 gigawatts of offshore
 wind  electricity  generation  by 2035 and six gigawatts of photovoltaic
 solar generation by 2025, and to support three  gigawatts  of  statewide
 energy storage capacity by 2030 (collectively, the "CLCPA targets").
   2.  In order to achieve the CLCPA targets, the state shall take appro-
 priate action to ensure that:
   (a) new renewable energy generation projects can be sited in a  timely
 and cost-effective manner; and
   (b)  renewable energy can be efficiently and cost effectively injected
 into the state's distribution and transmission system  for  delivery  to
 regions  of the state where it is needed. In particular, the state shall
 provide for timely construction of new, expanded and  upgraded  distrib-
 ution  and  transmission  infrastructure  as may be needed to access and
 deliver  renewable  energy  resources,  which  may  include  alternating
 current  transmission  facilities,  high  voltage  direct current trans-
 mission infrastructure facilities, and submarine transmission facilities
 needed to interconnect off-shore renewable generation resources  to  the
 state's transmission system.
   3.  A  public  policy purpose would be served and the interests of the
 people of the state would be advanced by directing  the  public  service
 commission  to  make  a comprehensive study of the state's power grid to
 identify distribution and transmission infrastructure needed  to  enable
 the  state  to  meet the CLCPA targets, and based on such study, develop
 definitive plans that: (a) provide for the timely development  of  local
 transmission  and  distribution system upgrades by the state's regulated
 utilities and the Long Island power authority; (b) identify bulk  trans-
 mission  investments  that should be undertaken, including projects that
 should be undertaken immediately and on an expedited basis by the  power
 authority  of the state of New York; and (c) otherwise advance the poli-
 cies of this act.
   4. A public policy purpose would be served and the  interests  of  the
 people of the state would be advanced by:
   (a) expediting the regulatory review for the siting of major renewable
 energy  facilities and transmission infrastructure necessary to meet the
 CLCPA targets, in recognition of the importance of these facilities  and
 their ability to lower carbon emissions;
   (b)  making  available  to  developers  of  clean generation resources
 build-ready sites for the construction and operation of  such  renewable
 energy facilities;
   (c) developing uniform permit standards and conditions that are appli-
 cable  to  classes  and  categories of renewable energy facilities, that
 reflect the environmental benefits  of  such  facilities  and  addresses
 common  conditions  necessary  to  minimize  impacts  to the surrounding
 community and environment;
   (d) providing for  workforce  training,  especially  in  disadvantaged
 communities;

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   (e) implementing one or more programs to provide benefits to owners of
 land  and communities where renewable energy facilities and transmission
 infrastructure would be sited;
   (f)  incentivizing  the re-use or adaptation of sites with existing or
 abandoned commercial or industrial uses, such as brownfields, landfills,
 and former commercial or industrial sites, for the development of  major
 renewable  energy  facilities  and  to  restore and protect the value of
 taxable land and leverage existing resources; and
   (g) establishing additional mechanisms to facilitate  the  achievement
 of  a net conservation benefit to endangered or threatened species which
 may be impacted by the construction  or  operation  of  major  renewable
 energy facilities.
   §  3.  Paragraphs  (c)  and (d) of subdivision 4 of section 162 of the
 public service law, as added by chapter 388 of the  laws  of  2011,  are
 amended and a new subdivision (e) is added to read as follows:
   (c)  To  a major electric generating facility (i) constructed on lands
 dedicated to industrial uses, (ii) the output of  which  shall  be  used
 solely  for industrial purposes, on the premises, and (iii) the generat-
 ing capacity of which does not exceed two  hundred  thousand  kilowatts;
 [or]
   (d)  To  a  major  electric  generating  facility if, on or before the
 effective date of the rules and regulations promulgated pursuant to this
 article and section 19-0312 of the environmental  conservation  law,  an
 application has been made for a license, permit, certificate, consent or
 approval  from  any federal, state or local commission, agency, board or
 regulatory body, in which application the location of the major electric
 generating facility has been designated by  the  applicant;  or  if  the
 facility is under construction at such time[.]; OR
   (E)  TO  A  MAJOR RENEWABLE ENERGY FACILITY AS SUCH TERM IS DEFINED IN
 ARTICLE TWENTY-THREE OF THE ECONOMIC DEVELOPMENT LAW. ANY PERSON INTEND-
 ING TO CONSTRUCT A MAJOR RENEWABLE ENERGY FACILITY  THAT  HAS  FILED  AN
 APPLICATION FOR A CERTIFICATE PURSUANT TO SECTION ONE HUNDRED SIXTY-FOUR
 OF THIS ARTICLE WHICH IS PENDING WITH THE COMMISSION AS OF THE EFFECTIVE
 DATE  OF  THIS PARAGRAPH, MAY, BY WRITTEN NOTICE TO THE SECRETARY OF THE
 COMMISSION, ELECT TO BECOME SUBJECT TO THE PROVISIONS OF  ARTICLE  TWEN-
 TY-THREE OF THE ECONOMIC DEVELOPMENT LAW.
   §  4.  Section  1 of chapter 174 of the laws of 1968, constituting the
 New York state urban development corporation act, is amended by adding a
 new section 16-bb to read as follows:
   § 16-BB. GREEN ENERGY SITING. THERE IS HEREBY ESTABLISHED  WITHIN  THE
 CORPORATION  AN  OFFICE  TO  IMPLEMENT THE GOALS AND OBJECTIVES OF TITLE
 NINE-B OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW. SUCH OFFICE SHALL
 WORK COLLABORATIVELY WITH THE NEW YORK STATE ENERGY RESEARCH AND  DEVEL-
 OPMENT  AUTHORITY, DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AND THE NEW
 YORK STATE DEPARTMENT OF PUBLIC SERVICE IN THE LOCATION, IDENTIFICATION,
 ASSESSMENT, ACQUISITION, DEVELOPMENT, MARKETING AND DISPOSITION OF SITES
 WITHIN THE STATE THAT APPEAR  SUITABLE  FOR  THE  DEVELOPMENT  OF  MAJOR
 RENEWABLE  ENERGY  FACILITIES  INCLUDING SITES TO BE DEVELOPED AS BUILD-
 READY SITES; TO ENTER INTO ANY  CONTRACT  NECESSARY  TO  EFFECTUATE  THE
 PARTIES RESPONSIBILITIES UNDER THIS SECTION AND OTHER APPLICABLE LAW; TO
 REQUEST  AND  RECEIVE  ASSISTANCE FROM ANY DEPARTMENT, DIVISION, OFFICE,
 COMMISSION OR OTHER AGENCY OF THE STATE  OR  ANY  POLITICAL  SUBDIVISION
 THEREOF  TO SUPPORT THE ADMINISTRATION OF THE ACTIVITIES SET FORTH HERE-
 IN; AND TO TALK TO ALL OTHER ACTIONS THAT MAY  BE  DEEMED  NECESSARY  OR
 CONVENIENT TO IMPLEMENT THE PURPOSES OF THIS SECTION.

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   §  5. Section 100 of the economic development law is amended by adding
 a new subdivision 46-a to read as follows:
   46-A.  THE  DEPARTMENT,  BY  AND  THROUGH  THE  COMMISSIONER, SHALL BE
 AUTHORIZED TO CONDUCT HEARINGS AND DISPUTE RESOLUTION PROCEEDINGS, ISSUE
 PERMITS, AND ADOPT SUCH RULES, REGULATIONS  AND  PROCEDURES  AS  MAY  BE
 NECESSARY,  CONVENIENT, OR DESIRABLE TO EFFECTUATE THE PURPOSES OF ARTI-
 CLE TWENTY-THREE OF THIS CHAPTER.
   § 6. The economic development law is amended by adding a  new  article
 23 to read as follows:
                                ARTICLE 23
                MAJOR RENEWABLE ENERGY DEVELOPMENT PROGRAM
 SECTION 451. PURPOSE.
         453. DEFINITIONS.
         455. OFFICE OF RENEWABLE ENERGY SITING; RESPONSIBILITIES.
         457. APPLICABILITY.
         459. APPLICATION AND REVIEW.
         461. POWERS  OF  MUNICIPALITIES  AND STATE AGENCIES AND AUTHORI-
                TIES; SCOPE OF ARTICLE.
         463. FEES; LOCAL AGENCY ACCOUNT.
   § 451. PURPOSE. IT IS THE PURPOSE OF THIS ARTICLE TO  CONSOLIDATE  THE
 ENVIRONMENTAL REVIEW AND PERMITTING OF MAJOR RENEWABLE ENERGY FACILITIES
 IN  THIS  STATE  AND  TO  PROVIDE  A SINGLE FORUM IN WHICH THE OFFICE OF
 RENEWABLE ENERGY SITING CREATED BY THIS ARTICLE MAY UNDERTAKE A  COORDI-
 NATED AND TIMELY REVIEW OF PROPOSED MAJOR RENEWABLE ENERGY FACILITIES TO
 MEET THE STATE'S RENEWABLE ENERGY GOALS WHILE ENSURING THE PROTECTION OF
 THE  ENVIRONMENT AND CONSIDERATION OF ALL PERTINENT SOCIAL, ECONOMIC AND
 ENVIRONMENTAL FACTORS IN THE DECISION TO PERMIT SUCH FACILITIES AS  MORE
 SPECIFICALLY PROVIDED IN THIS ARTICLE.
   §  453.  DEFINITIONS. 1. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF
 THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   2. "CLCPA TARGETS" SHALL MEAN THE PUBLIC POLICIES ESTABLISHED  IN  THE
 CLIMATE  LEADERSHIP  AND COMMUNITY PROTECTION ACT ENACTED IN CHAPTER ONE
 HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, INCLUDING THE REQUIRE-
 MENT THAT A MINIMUM OF SEVENTY PERCENT OF THE STATEWIDE ELECTRIC  GENER-
 ATION  BE  PRODUCED  BY RENEWABLE ENERGY SYSTEMS BY TWO THOUSAND THIRTY,
 THAT BY THE YEAR TWO THOUSAND  FORTY  THE  STATEWIDE  ELECTRICAL  DEMAND
 SYSTEM WILL GENERATE ZERO EMISSIONS AND THE PROCUREMENT OF AT LEAST NINE
 GIGAWATTS  OF OFFSHORE WIND ELECTRICITY GENERATION BY TWO THOUSAND THIR-
 TY-FIVE, SIX GIGAWATTS OF PHOTOVOLTAIC SOLAR GENERATION BY TWO  THOUSAND
 TWENTY-FIVE  AND  TO SUPPORT THREE GIGAWATTS OF STATEWIDE ENERGY STORAGE
 CAPACITY BY TWO THOUSAND THIRTY.
   3. "LOCAL AGENCY ACCOUNT" OR "ACCOUNT" SHALL MEAN THE  ACCOUNT  ESTAB-
 LISHED BY THE DEPARTMENT PURSUANT TO SECTION FOUR HUNDRED SIXTY-THREE OF
 THIS ARTICLE.
   4.  "LOCAL AGENCY" MEANS ANY LOCAL AGENCY, BOARD, DISTRICT, COMMISSION
 OR GOVERNING BODY, INCLUDING  ANY  CITY,  COUNTY,  AND  OTHER  POLITICAL
 SUBDIVISION OF THE STATE.
   5.  "OFFICE"  SHALL  MEAN  THE  OFFICE OF RENEWABLE SITING ESTABLISHED
 PURSUANT TO THIS ARTICLE.
   6. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   7. "MAJOR  RENEWABLE  ENERGY  FACILITY"  MEANS  ANY  RENEWABLE  ENERGY
 SYSTEM,  AS  SUCH  TERM  IS DEFINED IN SECTION SIXTY-SIX-P OF THE PUBLIC
 SERVICE LAW AS ADDED BY CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOU-
 SAND NINETEEN, WITH A NAMEPLATE GENERATING CAPACITY OF TWENTY-FIVE THOU-
 SAND KILOWATTS OR MORE, AND ANY CO-LOCATED SYSTEM STORING ENERGY  GENER-
 ATED  FROM  SUCH A RENEWABLE ENERGY SYSTEM PRIOR TO DELIVERING IT TO THE

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 BULK TRANSMISSION SYSTEM,  INCLUDING  ALL  ASSOCIATED  APPURTENANCES  TO
 ELECTRIC  PLANTS AS DEFINED UNDER SECTION TWO OF THE PUBLIC SERVICE LAW,
 INCLUDING ELECTRIC TRANSMISSION FACILITIES OF ANY CAPACITY OR LENGTH  IN
 ORDER  TO  PROVIDE  ACCESS TO LOAD AND TO INTEGRATE SUCH FACILITIES INTO
 THE STATE'S BULK ELECTRIC TRANSMISSION SYSTEM.
   8. "SITING PERMIT" SHALL MEAN  THE  MAJOR  RENEWABLE  ENERGY  FACILITY
 SITING  PERMIT  ESTABLISHED  PURSUANT  TO THIS ARTICLE AND THE RULES AND
 REGULATIONS PROMULGATED BY THE DEPARTMENT.
   § 455. OFFICE OF RENEWABLE ENERGY SITING; RESPONSIBILITIES. 1.   THERE
 SHALL  BE CREATED IN THE DEPARTMENT AN OFFICE OF RENEWABLE ENERGY SITING
 CHARGED WITH ACCEPTING APPLICATIONS FOR EVALUATING,  ISSUING,  AMENDING,
 APPROVING  THE  ASSIGNMENT  AND/OR  TRANSFER  OF,  AND  ENFORCING SITING
 PERMITS.
   2. THE OFFICE SHALL ESTABLISH A SET OF UNIFORM  STANDARDS  AND  CONDI-
 TIONS FOR THE SITING, DESIGN, CONSTRUCTION AND OPERATION OF MAJOR RENEW-
 ABLE ENERGY FACILITIES RELEVANT TO ISSUES THAT ARE COMMON FOR PARTICULAR
 CLASSES  AND CATEGORIES OF MAJOR RENEWABLE ENERGY FACILITIES, IN CONSUL-
 TATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT  AUTHORI-
 TY,  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION, THE DEPARTMENT OF
 PUBLIC SERVICE, THE DEPARTMENT OF AGRICULTURE  AND  MARKETS,  AND  OTHER
 RELEVANT STATE AGENCIES AND AUTHORITIES WITH SUBJECT MATTER EXPERTISE.
   3.  THE  UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT TO THIS
 SECTION SHALL BE DESIGNED TO AVOID OR MINIMIZE ANY POTENTIAL SIGNIFICANT
 ADVERSE  ENVIRONMENTAL  IMPACTS   RELATED   TO   THE   SITING,   DESIGN,
 CONSTRUCTION  AND OPERATION OF A MAJOR RENEWABLE ENERGY FACILITY, TAKING
 INTO ACCOUNT THE CLCPA TARGETS AND THE  ENVIRONMENTAL  BENEFITS  OF  THE
 PROPOSED  MAJOR  RENEWABLE  ENERGY  FACILITY. SUCH UNIFORM STANDARDS AND
 CONDITIONS SHALL APPLY TO THOSE  ENVIRONMENTAL  IMPACTS  THE  DEPARTMENT
 DETERMINES ARE COMMON TO MAJOR RENEWABLE ENERGY FACILITIES.
   4.  IN  ITS  REVIEW  OF AN APPLICATION FOR A PERMIT TO DEVELOP A MAJOR
 RENEWABLE ENERGY FACILITY, THE OFFICE SHALL IDENTIFY THOSE SITE-SPECIFIC
 ENVIRONMENTAL IMPACTS, IF ANY, THAT MAY BE CAUSED OR  EXACERBATED  BY  A
 SPECIFIC  PROPOSED  MAJOR RENEWABLE ENERGY FACILITY AND ARE UNABLE TO BE
 ADDRESSED IN ACCORDANCE WITH THE UNIFORM STANDARDS AND CONDITIONS. WHERE
 APPROPRIATE, THE DEPARTMENT SHALL DRAFT SITE SPECIFIC PERMIT  TERMS  AND
 CONDITIONS  FOR  SUCH  IMPACTS,  INCLUDING PROVISIONS FOR THE MITIGATION
 THEREOF, TAKING INTO ACCOUNT THE CLCPA  TARGETS  AND  THE  ENVIRONMENTAL
 BENEFITS OF THE PROPOSED MAJOR RENEWABLE ENERGY FACILITY. SUCH TERMS AND
 CONDITIONS  MAY PROVIDE FOR AN APPLICANT'S PAYMENT OF A SPECIFIED AMOUNT
 IN LIEU OF PHYSICAL MITIGATION. AMOUNTS PAID BY AN APPLICANT PURSUANT TO
 SUCH TERMS AND CONDITIONS FOR MITIGATION OF IMPACTS  TO  ENDANGERED  AND
 THREATENED SPECIES SHALL BE DEPOSITED INTO THE ENDANGERED AND THREATENED
 SPECIES  MITIGATION  FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-HH
 OF THE STATE FINANCE LAW.
   5. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS WITH  RESPECT
 TO  ALL  NECESSARY  REQUIREMENTS  TO IMPLEMENT THE SITING PERMIT PROGRAM
 ESTABLISHED IN THIS ARTICLE AND PROMULGATE MODIFICATIONS TO  SUCH  RULES
 AND REGULATIONS AS IT DEEMS NECESSARY.
   6. AT THE REQUEST OF THE OFFICE, ALL OTHER STATE AGENCIES AND AUTHORI-
 TIES ARE HEREBY AUTHORIZED TO PROVIDE SUPPORT AND RENDER SERVICES TO THE
 OFFICE WITHIN THEIR RESPECTIVE FUNCTIONS.
   § 457. APPLICABILITY. 1. FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE,
 NO  PERSON  SHALL  COMMENCE  THE  PHYSICAL PREPARATION OF A SITE FOR, OR
 BEGIN THE CONSTRUCTION OF A  MAJOR  RENEWABLE  ENERGY  FACILITY  IN  THE
 STATE,  OR  INCREASE  THE CAPACITY OF AN EXISTING MAJOR RENEWABLE ENERGY
 FACILITY, WITHOUT HAVING FIRST OBTAINED A SITING PERMIT PURSUANT TO THIS

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 ARTICLE. ANY SUCH MAJOR RENEWABLE ENERGY FACILITY WITH RESPECT TO  WHICH
 A  SITING PERMIT IS ISSUED SHALL NOT THEREAFTER BE BUILT, MAINTAINED, OR
 OPERATED EXCEPT IN CONFORMITY WITH SUCH SITING  PERMIT  AND  ANY  TERMS,
 LIMITATIONS,  OR  CONDITIONS CONTAINED THEREIN, PROVIDED THAT NOTHING IN
 THIS SECTION SHALL EXEMPT SUCH  MAJOR  RENEWABLE  ENERGY  FACILITY  FROM
 COMPLIANCE WITH FEDERAL LAWS AND REGULATIONS.
   2.  A  SITING  PERMIT  ISSUED  BY  THE  OFFICE  MAY  BE TRANSFERRED OR
 ASSIGNED, SUBJECT TO THE PRIOR WRITTEN APPROVAL  OF  THE  OFFICE,  TO  A
 PERSON  THAT AGREES TO COMPLY WITH THE TERMS, LIMITATIONS AND CONDITIONS
 CONTAINED IN SUCH SITING PERMIT.
   3. THE OFFICE MAY AMEND ANY SITING PERMIT ISSUED UNDER THIS ARTICLE.
   4. ANY HEARINGS OR DISPUTE RESOLUTION PROCEEDINGS INITIATED UNDER THIS
 ARTICLE OR PURSUANT TO RULES OR REGULATIONS PROMULGATED PURSUANT TO THIS
 ARTICLE MAY BE CONDUCTED BY THE COMMISSIONER OR ANY PERSON TO  WHOM  THE
 COMMISSIONER  SHALL  DELEGATE  THE  POWER  AND AUTHORITY TO CONDUCT SUCH
 HEARINGS OR PROCEEDINGS IN THE NAME OF THE DEPARTMENT AT  ANY  TIME  AND
 PLACE.
   5. THIS ARTICLE SHALL NOT APPLY:
   (A) TO A MAJOR RENEWABLE ENERGY FACILITY, OR ANY PORTION THEREOF, OVER
 WHICH  ANY  AGENCY OR DEPARTMENT OF THE FEDERAL GOVERNMENT HAS EXCLUSIVE
 SITING JURISDICTION, OR HAS SITING JURISDICTION CONCURRENT WITH THAT  OF
 THE  STATE AND HAS EXERCISED SUCH JURISDICTION TO THE EXCLUSION OF REGU-
 LATION OF THE FACILITY BY THE STATE; PROVIDED, HOWEVER,  NOTHING  HEREIN
 SHALL BE CONSTRUED TO EXPAND FEDERAL JURISDICTION;
   (B) TO NORMAL REPAIRS, MAINTENANCE, REPLACEMENTS, NON-MATERIAL MODIFI-
 CATIONS  AND IMPROVEMENTS OF A MAJOR RENEWABLE ENERGY FACILITY, WHENEVER
 BUILT, WHICH ARE PERFORMED IN THE ORDINARY COURSE OF BUSINESS AND  WHICH
 DO NOT CONSTITUTE A VIOLATION OF ANY APPLICABLE EXISTING PERMIT;
   (C)  TO  A MAJOR RENEWABLE ENERGY FACILITY IF, ON OR BEFORE THE EFFEC-
 TIVE DATE OF THIS ARTICLE, AN APPLICATION HAS BEEN MADE OR GRANTED FOR A
 LICENSE, PERMIT, CERTIFICATE, CONSENT  OR  APPROVAL  FROM  ANY  FEDERAL,
 STATE  OR  LOCAL COMMISSION, AGENCY, BOARD OR REGULATORY BODY, INCLUDING
 ARTICLE TEN OF THE PUBLIC SERVICE LAW, IN WHICH APPLICATION THE LOCATION
 OF THE MAJOR RENEWABLE ENERGY FACILITY HAS BEEN DESIGNATED BY THE APPLI-
 CANT, EXCEPT IN THE CASE OF A PERSON WHO ELECTS TO BE  SUBJECT  TO  THIS
 ARTICLE  AS AUTHORIZED BY PARAGRAPH E OF SUBDIVISION FOUR OF SECTION ONE
 HUNDRED SIXTY-TWO OF THE PUBLIC SERVICE LAW.
   6. ANY PERSON INTENDING TO CONSTRUCT A MAJOR RENEWABLE ENERGY FACILITY
 EXCLUDED FROM THIS ARTICLE PURSUANT TO PARAGRAPH (B) OR (C) OF  SUBDIVI-
 SION  FIVE OF THIS SECTION MAY ELECT TO BECOME SUBJECT TO THE PROVISIONS
 OF THIS ARTICLE BY FILING AN APPLICATION FOR A SITING PERMIT. THIS ARTI-
 CLE SHALL THEREAFTER APPLY TO EACH MAJOR RENEWABLE ENERGY FACILITY IDEN-
 TIFIED IN SUCH NOTICE FROM THE DATE OF ITS RECEIPT BY THE  OFFICE.  WITH
 RESPECT  TO  SUCH MAJOR RENEWABLE ENERGY FACILITIES, THE RULES AND REGU-
 LATIONS PROMULGATED PURSUANT TO THIS ARTICLE SHALL SET  FORTH  AN  EXPE-
 DITED  PERMITTING  PROCESS  TO  ACCOUNT  FOR  MATTERS AND ISSUES ALREADY
 PRESENTED IN RELEVANT ALTERNATIVE PERMITTING PROCEEDINGS.
   7. ANY PERSON INTENDING TO CONSTRUCT A FACILITY THAT  IS  A  RENEWABLE
 ENERGY  SYSTEM,  AS  SUCH  TERM IS DEFINED IN SECTION SIXTY-SIX-P OF THE
 PUBLIC SERVICE LAW AS ADDED BY CHAPTER ONE HUNDRED SIX OF  THE  LAWS  OF
 TWO  THOUSAND  NINETEEN, WITH A NAMEPLATE CAPACITY OF AT LEAST TEN THOU-
 SAND BUT LESS THAN TWENTY-FIVE THOUSAND KILOWATTS OR MORE, MAY APPLY  TO
 BECOME  SUBJECT  TO THE PROVISIONS OF THIS ARTICLE BY FILING AN APPLICA-
 TION FOR A SITING PERMIT.  UPON  SUBMISSION  OF  SUCH  APPLICATION,  THE
 SUBJECT RENEWABLE ENERGY FACILITY SHALL BE TREATED AS A "MAJOR RENEWABLE

 S. 7508--A                         227                        A. 9508--A
 
 ENERGY FACILITY" EXCLUSIVELY FOR PURPOSES OF PERMITTING UNDER THIS ARTI-
 CLE.
   §  459.  APPLICATION  AND  REVIEW. 1. UNTIL THE DEPARTMENT ESTABLISHES
 UNIFORM STANDARDS  AND  CONDITIONS  REQUIRED  BY  SECTION  FOUR  HUNDRED
 FIFTY-FIVE  OF  THIS  ARTICLE  OR PROMULGATES REGULATIONS SPECIFYING THE
 CONTENT OF AN APPLICATION FOR A SITING  PERMIT,  AN  APPLICATION  FOR  A
 SITING PERMIT SUBMITTED TO THE DEPARTMENT SHALL CONFORM SUBSTANTIALLY TO
 THE  FORM  AND CONTENT OF AN APPLICATION REQUIRED BY SECTION ONE HUNDRED
 SIXTY-FOUR OF THE PUBLIC SERVICE LAW.
   2. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE OFFICE  SHALL,  WITHIN
 SIXTY  DAYS  OF ITS RECEIPT OF AN APPLICATION FOR A SITING PERMIT DETER-
 MINE WHETHER THE APPLICATION IS COMPLETE AND NOTIFY THE APPLICANT OF ITS
 DETERMINATION. IF THE DEPARTMENT DOES NOT DEEM THE APPLICATION COMPLETE,
 THE DEPARTMENT SHALL SET FORTH IN WRITING DELIVERED TO THE APPLICANT ALL
 OF THE REASONS WHY IT HAS DETERMINED THE APPLICATION TO  BE  INCOMPLETE.
 IF  THE  DEPARTMENT  FAILS  TO MAKE A DETERMINATION WITHIN THE FOREGOING
 SIXTY-DAY TIME PERIOD, THE APPLICATION SHALL BE DEEMED COMPLETE.
   3. A.   NO LATER THAN SIXTY DAYS FOLLOWING  THE  DATE  UPON  WHICH  AN
 APPLICATION  HAS  BEEN  DEEMED COMPLETE, AND FOLLOWING CONSULTATION WITH
 ANY RELEVANT STATE AGENCY OR AUTHORITY, THE DEPARTMENT SHALL PUBLISH FOR
 PUBLIC COMMENT DRAFT PERMIT CONDITIONS PREPARED BY THE DEPARTMENT, WHICH
 COMMENT PERIOD SHALL BE FOR A MINIMUM OF SIXTY DAYS FROM  PUBLIC  NOTICE
 THEREOF.
   B.  FOR  ANY  MUNICIPALITY, POLITICAL SUBDIVISION OR AN AGENCY THEREOF
 THAT HAS RECEIVED NOTICE OF THE FILING OF AN  APPLICATION,  THE  MUNICI-
 PALITY  SHALL  WITHIN  THE  TIMEFRAMES  ESTABLISHED  BY THIS SUBDIVISION
 SUBMIT A STATEMENT TO THE OFFICE INDICATING WHETHER THE PROPOSED FACILI-
 TY IS DESIGNED TO OPERATE IN COMPLIANCE WITH APPLICABLE LOCAL  LAWS  AND
 REGULATIONS, IF ANY, CONCERNING THE ENVIRONMENT, PUBLIC HEALTH AND SAFE-
 TY.
   4.  GENERAL  EXPRESSIONS OF DISAGREEMENT WITH OR GENERAL OPPOSITION TO
 THE SITING, DESIGN, CONSTRUCTION AND/OR OPERATION OF A  MAJOR  RENEWABLE
 ENERGY FACILITY DURING THE PUBLIC COMMENT PERIOD SHALL NOT BE CONSIDERED
 TO BE SUBSTANTIVE OR SIGNIFICANT FOR PURPOSES OF THIS SECTION. IF PUBLIC
 COMMENT ON A DRAFT PERMIT CONDITION PUBLISHED BY THE DEPARTMENT PURSUANT
 TO THIS SECTION, INCLUDING COMMENTS PROVIDED BY A MUNICIPALITY, RAISES A
 SUBSTANTIVE  AND  SIGNIFICANT  ISSUE  THAT  REQUIRES  ADJUDICATION,  THE
 DEPARTMENT SHALL PROMPTLY FIX A DATE FOR HEARING TO HEAR  ARGUMENTS  AND
 CONSIDER EVIDENCE WITH RESPECT THERETO.
   5.  FOLLOWING THE EXPIRATION OF THE PUBLIC COMMENT PERIOD SET FORTH IN
 THIS SECTION, OR FOLLOWING THE CONCLUSION OF A HEARING UNDERTAKEN PURSU-
 ANT TO THIS SECTION, AS APPLICABLE THE OFFICE  SHALL  PROMPTLY  ISSUE  A
 FINAL  SITING  PERMIT TO THE APPLICANT THAT INCLUDES SUCH CONDITIONS THE
 OFFICE DETERMINES TO BE NECESSARY TO MITIGATE ANY POTENTIAL  SIGNIFICANT
 ADVERSE  ENVIRONMENTAL IMPACT, AND THE OFFICE MAY ELECT NOT TO APPLY, IN
 WHOLE OR IN PART, ANY LOCAL LAW OR ORDINANCE WHICH  WOULD  OTHERWISE  BE
 APPLICABLE  IF IT FINDS THAT, AS APPLIED TO THE PROPOSED MAJOR RENEWABLE
 ENERGY FACILITY, IS UNREASONABLY BURDENSOME IN VIEW OF THE CLCPA TARGETS
 AND THE ENVIRONMENTAL BENEFITS OF THE PROPOSED  MAJOR  RENEWABLE  ENERGY
 FACILITY.
   6. IN ALL RESPECTS, AND NOTWITHSTANDING ANY OTHER DEADLINE MADE APPLI-
 CABLE  BY  THIS  ARTICLE,  THE  OFFICE  SHALL MAKE A FINAL DECISION ON A
 SITING PERMIT FOR ANY MAJOR RENEWABLE ENERGY  PROJECT  WITHIN  ONE  YEAR
 FROM  THE DATE THE APPLICATION WAS DEEMED COMPLETE, OR WITHIN SIX MONTHS
 FROM THE DATE THE APPLICATION WAS DEEMED COMPLETE IF THE MAJOR RENEWABLE
 ENERGY FACILITY IS PROPOSED TO BE SITED  ON  AN  EXISTING  OR  ABANDONED

 S. 7508--A                         228                        A. 9508--A

 COMMERCIAL  USE,  INCLUDING  WITHOUT LIMITATION, BROWNFIELDS, LANDFILLS,
 FORMER COMMERCIAL OR INDUSTRIAL SITES, AND ABANDONED OR OTHERWISE UNDER-
 UTILIZED SITES, AS FURTHER DEFINED BY  THE  REGULATIONS  PROMULGATED  BY
 THIS ARTICLE. IF A FINAL SITING PERMIT DECISION HAS NOT BEEN MADE BY THE
 OFFICE  WITHIN  SUCH TIME PERIOD THEN SUCH SITING PERMIT SHALL BE DEEMED
 TO HAVE BEEN AUTOMATICALLY GRANTED FOR ALL PURPOSES SET  FORTH  IN  THIS
 ARTICLE  AND  ALL  UNIFORM CONDITIONS OR SITE SPECIFIC PERMIT CONDITIONS
 ISSUED FOR PUBLIC COMMENT SHALL CONSTITUTE ENFORCEABLE PROVISIONS OF THE
 SITING PERMIT.
   7. ANY PARTY AGGRIEVED BY THE ISSUANCE OR DENIAL  OF  A  PERMIT  UNDER
 THIS  ARTICLE  MAY  SEEK  JUDICIAL  REVIEW  THEREOF ONLY IN A PROCEEDING
 PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES BY
 FILING OF A PETITION WITHIN THIRTY DAYS OF THE ISSUANCE OR DENIAL OF THE
 PERMIT.
   § 461. POWERS OF MUNICIPALITIES AND STATE  AGENCIES  AND  AUTHORITIES;
 SCOPE  OF  ARTICLE.  1.    NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW,
 INCLUDING WITHOUT LIMITATION ARTICLE EIGHT OF THE ENVIRONMENTAL  CONSER-
 VATION  LAW  AND ARTICLE SEVEN OF THE PUBLIC SERVICE LAW, NO OTHER STATE
 AGENCY, DEPARTMENT OR AUTHORITY, OR ANY LOCAL AGENCY OR POLITICAL SUBDI-
 VISION OR ANY AGENCY THEREOF MAY, EXCEPT AS EXPRESSLY  AUTHORIZED  UNDER
 THIS  ARTICLE  OR THE RULES AND REGULATIONS PROMULGATED UNDER THIS ARTI-
 CLE, REQUIRE  ANY  APPROVAL,  CONSENT,  PERMIT,  CERTIFICATE,  CONTRACT,
 AGREEMENT, OR OTHER CONDITION FOR THE DEVELOPMENT, DESIGN, CONSTRUCTION,
 OPERATION,  OR DECOMMISSIONING OF A MAJOR RENEWABLE ENERGY FACILITY WITH
 RESPECT TO WHICH AN APPLICATION FOR A  SITING  PERMIT  HAS  BEEN  FILED,
 PROVIDED  IN  THE  CASE  OF  A MUNICIPALITY, POLITICAL SUBDIVISION OR AN
 AGENCY THEREOF, SUCH ENTITY HAS RECEIVED NOTICE OF  THE  FILING  OF  THE
 APPLICATION  THEREFOR.  NOTWITHSTANDING THE FOREGOING, THE DEPARTMENT OF
 ENVIRONMENTAL CONSERVATION SHALL BE THE PERMITTING  AGENCY  FOR  PERMITS
 ISSUED PURSUANT TO FEDERALLY DELEGATED OR FEDERALLY APPROVED PROGRAMS.
   2.  THIS  ARTICLE  SHALL  NOT IMPAIR OR ABROGATE ANY FEDERAL, STATE OR
 LOCAL  LABOR  LAWS  OR  ANY  OTHERWISE  APPLICABLE  STATE  LAW  FOR  THE
 PROTECTION  OF  EMPLOYEES ENGAGED IN THE CONSTRUCTION AND OPERATION OF A
 MAJOR RENEWABLE ENERGY FACILITY.
   § 463. FEES; LOCAL AGENCY ACCOUNT. 1. EACH APPLICATION  FOR  A  SITING
 PERMIT  SHALL BE ACCOMPANIED BY A FEE IN AN AMOUNT EQUAL TO ONE THOUSAND
 DOLLARS FOR EACH THOUSAND KILOWATTS OF CAPACITY OF  THE  PROPOSED  MAJOR
 RENEWABLE  ENERGY  FACILITY,  AND  THE OFFICE MAY UPDATE THE FEE PERIOD-
 ICALLY SOLELY TO ACCOUNT FOR INFLATION, TO BE DEPOSITED IN AN ACCOUNT TO
 BE KNOWN AS THE LOCAL AGENCY ACCOUNT  ESTABLISHED  FOR  THE  BENEFIT  OF
 LOCAL  AGENCIES  BY  THE  NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
 AUTHORITY AND MAINTAINED IN A SEGREGATED ACCOUNT IN THE CUSTODY  OF  THE
 COMMISSIONER OF TAXATION AND FINANCE. THE PROCEEDS OF SUCH ACCOUNT SHALL
 BE  DISBURSED  BY  THE OFFICE, IN ACCORDANCE WITH ELIGIBILITY AND PROCE-
 DURES ESTABLISHED BY  THE  RULES  AND  REGULATIONS  PROMULGATED  BY  THE
 DEPARTMENT  PURSUANT  TO  THIS  ARTICLE,  FOR THE PARTICIPATION OF LOCAL
 AGENCIES IN PUBLIC COMMENT PERIODS OR HEARING PROCEDURES ESTABLISHED  BY
 THIS ARTICLE, INCLUDING THE RULES AND REGULATIONS PROMULGATED HERETO.
   2.  ALL FUNDS SO HELD BY THE NEW YORK STATE ENERGY RESEARCH AND DEVEL-
 OPMENT AUTHORITY SHALL BE SUBJECT TO AN ANNUAL INDEPENDENT AUDIT AS PART
 OF SUCH AUTHORITY'S AUDITED FINANCIAL  STATEMENTS,  AND  SUCH  AUTHORITY
 SHALL  PREPARE  AN ANNUAL REPORT SUMMARIZING ACCOUNT BALANCES AND ACTIV-
 ITIES FOR EACH FISCAL YEAR ENDING MARCH THIRTY-FIRST  AND  PROVIDE  SUCH
 REPORT  TO  THE  OFFICE  NO LATER THAN NINETY DAYS AFTER COMMENCEMENT OF
 SUCH FISCAL YEAR.

 S. 7508--A                         229                        A. 9508--A
 
   3. WITH RESPECT TO A PERSON WHO HAS FILED AN APPLICATION FOR A  SITING
 PERMIT PURSUANT TO SECTION FOUR HUNDRED FIFTY-SEVEN OF THIS ARTICLE, THE
 DEPARTMENT OF PUBLIC SERVICE IS HEREBY DIRECTED TO REFUND TO THAT PERSON
 ANY  AMOUNTS HELD IN AN INTERVENOR ACCOUNT ESTABLISHED PURSUANT TO ARTI-
 CLES  SEVEN  AND  TEN OF THE PUBLIC SERVICE LAW, AS APPLICABLE, AND WITH
 RESPECT TO SUCH PERSONS, THE OFFICE SHALL ADDRESS THE APPROPRIATE TREAT-
 MENT OF FUNDS ALREADY DISBURSED FROM THE INTERVENOR FUND IN  TAKING  AND
 ASSESSING APPLICATION FEES PURSUANT TO THIS SECTION.
   4.  IN ADDITION TO THE FEES ESTABLISHED PURSUANT TO SUBDIVISION ONE OF
 THIS SECTION, THE DEPARTMENT, PURSUANT TO REGULATIONS  ADOPTED  PURSUANT
 TO  THIS  SECTION,  MAY  ASSESS  A FEE FOR THE PURPOSE OF RECOVERING THE
 COSTS THE DEPARTMENT INCURS  RELATED  TO  REVIEWING  AND  PROCESSING  AN
 APPLICATION SUBMITTED UNDER THIS ARTICLE.
   §  7.  Subdivision  7  of section 487 of the real property tax law, as
 amended by chapter 515 of the laws  of  2002,  is  amended  to  read  as
 follows:
   7.  If  the assessor is satisfied that the applicant is entitled to an
 exemption pursuant to this section, he or she shall approve the applica-
 tion and enter the taxable assessed value of the  parcel  for  which  an
 exemption  has  been  granted pursuant to this section on the assessment
 roll with the taxable property, with the amount  of  the  exemption  SET
 FORTH  IN  A  SEPARATE COLUMN as computed pursuant to subdivision two of
 this section AND, IF APPLICABLE SECTION FIVE HUNDRED  SEVENTY-FIVE-B  OF
 THIS  CHAPTER  in  a  separate  column.  In the event that real property
 granted an exemption pursuant to this section ceases to be used primari-
 ly for eligible purposes, the exemption granted pursuant to this section
 shall cease.
   § 8. Subparagraph (a) of subdivision 9 of  section  487  of  the  real
 property  tax  law,  as  amended  by chapter 344 of the laws of 2014, is
 amended and a new subparagraph (c) is added to read as follows:
   (a) A county, city, town, village or school district, except a  school
 district  under  article  fifty-two  of  the education law, that has not
 acted to remove the exemption under this section may require  the  owner
 of  a  property which includes a solar or wind energy system which meets
 the requirements of subdivision four of this section, to  enter  into  a
 contract for payments in lieu of taxes. Such contract may require annual
 payments in an amount not to exceed the amounts which would otherwise be
 payable  but  for  the  exemption  under  this section. [If the owner or
 developer of such a system provides written  notification  to  a  taxing
 jurisdiction  of its intent to construct such a system, then in order to
 require the owner or developer of such system to enter into  a  contract
 for payments in lieu of taxes, such taxing jurisdiction must notify such
 owner  or  developer of its intent to require a contract for payments in
 lieu of taxes within sixty days of receiving the written notification.]
   (C) A COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT THAT  INTENDS  TO
 REQUIRE  A  CONTRACT  FOR  PAYMENTS  IN  LIEU  OF TAXES PURSUANT TO THIS
 SECTION SHALL, PRIOR TO EXECUTION OF SUCH CONTRACT, CONSULT WITH THE NEW
 YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY IN DETERMINING  THE
 ANNUAL PAYMENTS TO BE REQUIRED IN SUCH CONTRACTS.
   §  9.  The  real  property  tax law is amended by adding a new section
 575-b to read as follows:
   § 575-B. SOLAR OR WIND ENERGY SYSTEMS. THE ASSESSED VALUE FOR SOLAR OR
 WIND ENERGY SYSTEM, AS SUCH TERM IS  DEFINED  IN  SECTION  FOUR  HUNDRED
 EIGHTY-SEVEN  OF THIS CHAPTER, SHALL BE DETERMINED BY AN INCOME CAPITAL-
 IZATION OR DISCOUNTED CASH FLOW APPROACH THAT INCLUDES THE FOLLOWING:

 S. 7508--A                         230                        A. 9508--A
 
   1. AN APPRAISAL MODEL IDENTIFIED AND PUBLISHED BY THE  DEPARTMENT  AND
 THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY; AND
   2.  A  DISCOUNT  RATE PUBLISHED ANNUALLY BY THE DEPARTMENT AND THE NEW
 YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY.
   § 10. The third undesignated paragraph of section 852 of  the  general
 municipal law, as amended by chapter 630 of the laws of 1977, is amended
 to read as follows:
   It  is  hereby  further  declared  to  be  the policy of this state to
 protect and promote the health of the inhabitants of this state  and  to
 increase  trade  through  promoting  the  development  of  facilities to
 provide recreation for the citizens of the state and to attract tourists
 from other states AND TO PROMOTE THE  DEVELOPMENT  OF  RENEWABLE  ENERGY
 PROJECTS  TO SUPPORT THE STATE'S RENEWABLE ENERGY GOALS AS MAY BE ESTAB-
 LISHED OR AMENDED FROM TIME TO TIME.
   § 11. Subdivision 4 of section 854 of the general  municipal  law,  as
 amended  by  section  6  of part J of chapter 59 of the laws of 2013, is
 amended to read as follows:
   (4) "Project" - shall mean any land, any building  or  other  improve-
 ment,  and  all real and personal properties located within the state of
 New York and within or outside or partially within and partially outside
 the municipality for whose benefit the agency  was  created,  including,
 but  not  limited  to,  machinery, equipment and other facilities deemed
 necessary or desirable in connection therewith, or  incidental  thereto,
 whether  or  not  now in existence or under construction, which shall be
 suitable for manufacturing, warehousing, research, commercial, RENEWABLE
 ENERGY or industrial purposes or other economically sound purposes iden-
 tified and called for to implement a  state  designated  urban  cultural
 park management plan as provided in title G of the parks, recreation and
 historic  preservation  law  and which may include or mean an industrial
 pollution  control  facility,  a  recreation  facility,  educational  or
 cultural facility, a horse racing facility, a railroad facility, RENEWA-
 BLE  ENERGY PROJECT or an automobile racing facility, provided, however,
 no agency shall use its funds or provide financial assistance in respect
 of any project wholly or partially outside the  municipality  for  whose
 benefit  the agency was created without the prior consent thereto by the
 governing body or bodies of all the other municipalities in which a part
 or parts of the project is, or is to be, located, and  such  portion  of
 the  project  located  outside  such  municipality for whose benefit the
 agency was created shall be contiguous with the portion of  the  project
 inside such municipality.
   §  12. Section 854 of the general municipal law is amended by adding a
 new subdivision 21 to read as follows:
   (21) "RENEWABLE ENERGY PROJECT" SHALL MEAN ANY PROJECT AND  ASSOCIATED
 REAL PROPERTY ON WHICH THE PROJECT IS SITUATED, THAT UTILIZES ANY SYSTEM
 OR  EQUIPMENT  AS  SET FORTH IN SECTION FOUR HUNDRED EIGHTY-SEVEN OF THE
 REAL PROPERTY TAX LAW OR AS DEFINED PURSUANT TO PARAGRAPH B OF  SUBDIVI-
 SION  ONE  OF  SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW AS ADDED BY
 CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN.
   § 13. The opening paragraph of section 858 of  the  general  municipal
 law,  as  amended by chapter 478 of the laws of 2011, is amended to read
 as follows:
   The purposes of the agency shall be to promote, develop, encourage and
 assist in the acquiring, constructing, reconstructing, improving,  main-
 taining,  equipping  and furnishing industrial, manufacturing, warehous-
 ing, commercial, research, RENEWABLE ENERGY  and  recreation  facilities
 including   industrial  pollution  control  facilities,  educational  or

 S. 7508--A                         231                        A. 9508--A
 
 cultural facilities, railroad facilities, horse racing facilities, auto-
 mobile racing facilities, RENEWABLE ENERGY PROJECTS and continuing  care
 retirement communities, provided, however, that, of agencies governed by
 this  article, only agencies created for the benefit of a county and the
 agency created for the benefit of the city of New York shall be  author-
 ized to provide financial assistance in any respect to a continuing care
 retirement community, and thereby advance the job opportunities, health,
 general  prosperity  and  economic welfare of the people of the state of
 New York and to improve their recreation opportunities,  prosperity  and
 standard of living; and to carry out the aforesaid purposes, each agency
 shall have the following powers:
   §  14.  Paragraph (b) of subdivision 5 of section 859-a of the general
 municipal law, as added by chapter 563 of the laws of 2015,  is  amended
 to read as follows:
   (b)  a written cost-benefit analysis by the agency that identifies the
 extent to which a project  will  create  or  retain  permanent,  private
 sector  jobs;  the estimated value of any tax exemptions to be provided;
 the amount of private sector investment generated or likely to be gener-
 ated by the proposed project; THE CONTRIBUTION OF  THE  PROJECT  TO  THE
 STATE'S  RENEWABLE  ENERGY  GOALS  AND EMISSION REDUCTION TARGETS AS SET
 FORTH IN THE STATE ENERGY PLAN ADOPTED PURSUANT TO SECTION 6-104 OF  THE
 ENERGY  LAW;  the  likelihood of accomplishing the proposed project in a
 timely fashion; and the  extent  to  which  the  proposed  project  will
 provide  additional  sources  of  revenue  for municipalities and school
 districts; and any other public benefits that might occur as a result of
 the project;
   § 15. Section 859-a of the general municipal law is amended by  adding
 a new subdivision 7 to read as follows:
   7.  EACH AGENCY SHALL CONSULT WITH AND SEEK ADVICE AND ASSISTANCE FROM
 THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, AS DEFINED
 IN SECTION EIGHTEEN HUNDRED FIFTY-ONE OF THE PUBLIC AUTHORITIES LAW,  IN
 CALCULATING PAYMENTS IN LIEU OF TAXES FOR RENEWABLE ENERGY PROJECTS.
   §  16. Subdivision 2 of section 1852 of the public authorities law, as
 amended by chapter 156 of the laws  of  2014,  is  amended  to  read  as
 follows:
   2. The membership of the authority shall consist of [thirteen] FIFTEEN
 members,  to be as follows: the commissioner of the department of trans-
 portation, the commissioner of the department of environmental conserva-
 tion, the chair of the public  service  commission,  the  president  and
 chief executive officer of the power authority of the State of New York,
 AND  THE  CHAIR OF THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION, all
 of whom shall serve ex-officio; and [nine] TEN members appointed by  the
 governor  by  and with the advice and consent of the senate; one of whom
 shall be an engineer or a research scientist with a degree in the  phys-
 ical  sciences  or  engineering who has not been employed in the nuclear
 fission field for three years preceding the appointment  and  who  shall
 not  be  so  employed  during  his  or  her term; ONE OF WHOM SHALL HAVE
 SIGNIFICANT EXPERTISE IN THE SITING OF RENEWABLE ENERGY  FACILITIES  WHO
 HAS  NOT  BEEN  EMPLOYED BY A RENEWABLE ENERGY GENERATOR FOR THREE YEARS
 PRECEDING THE APPOINTMENT AND WHOM SHALL NOT BE SO EMPLOYED  DURING  HIS
 OR  HER  TERM;  one  of  whom  shall  be an economist who shall not have
 received more than one-tenth of his or her income from an electric util-
 ity or gas utility for three years preceding  the  appointment  and  who
 shall not so derive more than one-tenth of his or her income during such
 term;  one  of  whom  who shall be a member of a not-for-profit environ-
 mental group; one of whom shall be a member of a not-for-profit consumer

 S. 7508--A                         232                        A. 9508--A
 
 group; one of whom who shall  be  an  officer  of  a  utility  primarily
 engaged  in the distribution of gas; and one of whom shall be an officer
 of an electric utility. The governor shall designate the chair.  Of  the
 nine members appointed by the governor, two shall be appointed for terms
 expiring  April  first,  nineteen  hundred  seventy-eight, two for terms
 expiring April first, nineteen hundred eighty, two  for  terms  expiring
 April  first,  nineteen hundred eighty-one, and three for terms expiring
 April first, nineteen hundred eighty-two.    Persons  appointed  by  the
 governor  for  full  terms as successors to such members shall serve for
 terms of six years each commencing as of April first. In the event of  a
 vacancy  occurring  in  the  office of a member by death, resignation or
 otherwise, the governor shall appoint  a  successor,  by  and  with  the
 advice  and consent of the senate, to serve the balance of the unexpired
 term.
   § 17. The opening paragraph of section 1854 of the public  authorities
 law,  as  amended by chapter 558 of the laws of 1980, is amended to read
 as follows:
   The purposes of the authority shall be to WORK IN  COLLABORATION  WITH
 THE  DEPARTMENT OF ECONOMIC DEVELOPMENT, THE NEW YORK STATE URBAN DEVEL-
 OPMENT CORPORATION AND ANY OF THEIR AFFILIATES, TO  develop,  INVEST  IN
 and  implement  new  energy  technologies  AND  PROJECTS consistent with
 economic DEVELOPMENT AND INVESTMENT,  social  and  environmental  objec-
 tives,  to  develop  and  encourage energy conservation technologies AND
 PROJECTS, to promote, develop, INVEST IN, encourage and  assist  in  the
 acquiring,  constructing, improving, maintaining, equipping and furnish-
 ing of industrial, manufacturing, warehousing, commercial, research  and
 industrial  pollution  control  facilities  at the Saratoga Research and
 Development Center,  and  to  promote,  develop,  encourage  and  assist
 special  energy  projects and thereby advance job opportunities, health,
 general prosperity and economic welfare of the people of  the  state  of
 New  York.  In  carrying  out  such  purposes, the authority shall, with
 respect to the activities specified, have the following powers:
   § 18. Article 8 of the public authorities law is amended by  adding  a
 new title 9-B to read as follows:
                                 TITLE 9-B
         CLEAN ENERGY RESOURCES DEVELOPMENT AND INCENTIVES PROGRAM
 SECTION 1900. STATEMENT OF LEGISLATIVE INTENT.
         1901. DEFINITIONS.
         1902. POWERS AND DUTIES.
         1903. ELIGIBILITY.
         1904. FUNDING.
   §  1900.  STATEMENT  OF  LEGISLATIVE  INTENT.  IT IS THE INTENT OF THE
 LEGISLATURE IN ENACTING THIS TITLE TO EMPOWER THE NEW YORK STATE  ENERGY
 RESEARCH  AND  DEVELOPMENT AUTHORITY TO ESTABLISH EFFECTIVE PROGRAMS AND
 OTHER MECHANISMS TO: (1) FOSTER AND ENCOURAGE THE ORDERLY AND  EXPEDIENT
 SITING  AND  DEVELOPMENT OF MAJOR RENEWABLE ENERGY FACILITIES CONSISTENT
 WITH APPLICABLE LAW FOR THE PURPOSE OF ENABLING THE STATE TO MEET  EMIS-
 SIONS,  RENEWABLE ENERGY AND OTHER TARGETS IN THE NEW YORK STATE CLIMATE
 LEADERSHIP AND COMMUNITY PROTECTION ACT; (2) INCENTIVIZE THE  RE-USE  OF
 PREVIOUSLY  DEVELOPED  SITES TO PROTECT THE VALUE OF TAXABLE LAND, CAPI-
 TALIZE ON EXISTING INFRASTRUCTURE; AND  (3)  SUPPORT  THE  PROVISION  OF
 REASONABLE  BENEFITS  TO  COMMUNITIES  THAT  HOST MAJOR RENEWABLE ENERGY
 FACILITIES.
   § 1901. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:

 S. 7508--A                         233                        A. 9508--A

   1.  "ACT"  MEANS THE ACCELERATED RENEWABLE ENERGY GROWTH AND COMMUNITY
 BENEFIT ACT.
   2.  "AUTHORITY"  SHALL  HAVE THE SAME MEANING AS IN SUBDIVISION TWO OF
 SECTION EIGHTEEN HUNDRED FIFTY-ONE OF THIS ARTICLE.
   3. "COMMISSION" SHALL MEAN THE PUBLIC SERVICE COMMISSION.
   4. "DEPARTMENTS" SHALL MEAN THE DEPARTMENT OF ENVIRONMENTAL  CONSERVA-
 TION,  THE  DEPARTMENT  OF  AGRICULTURE  AND  MARKETS, THE DEPARTMENT OF
 ECONOMIC DEVELOPMENT AND THE DEPARTMENT OF PUBLIC SERVICE.
   5. "HOST COMMUNITY" SHALL MEAN ANY MUNICIPALITY WITHIN WHICH  A  MAJOR
 RENEWABLE ENERGY FACILITY, OR ANY PORTION THEREOF, HAS BEEN PROPOSED FOR
 DEVELOPMENT.
   6.  "MAJOR RENEWABLE ENERGY FACILITY" SHALL MEAN FACILITIES AS DEFINED
 IN SUBDIVISION SIX OF SECTION FOUR HUNDRED FIFTY-THREE OF  THE  ECONOMIC
 DEVELOPMENT  LAW  AND FACILITIES INTENDING OR ANTICIPATING TO BE CONSID-
 ERED AS MAJOR RENEWABLE ENERGY FACILITIES PURSUANT TO  SUBDIVISION  FIVE
 OF SECTION FOUR HUNDRED FIFTY-SEVEN OF THE ECONOMIC DEVELOPMENT LAW.
   7.  "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN OR VILLAGE OR POLI-
 TICAL SUBDIVISION.
   8. "BUILD-READY SITE" SHALL MEAN A SITE FOR WHICH  THE  AUTHORITY  HAS
 SECURED  PERMITS,  PROPERTY  INTERESTS, AGREEMENTS AND/OR OTHER AUTHORI-
 ZATIONS WHICH THE AUTHORITY DETERMINES ARE REASONABLY ADEQUATE UNDER THE
 CIRCUMSTANCES IN ORDER TO  OFFER  SUCH  SITE  FOR  FURTHER  DEVELOPMENT,
 CONSTRUCTION  AND  OPERATION  IN ACCORDANCE WITH THE OTHER PROVISIONS OF
 THIS TITLE.
   § 1902. POWERS AND DUTIES. THE  AUTHORITY  IS  HEREBY  AUTHORIZED  AND
 DIRECTED  TO  UNDERTAKE SUCH ACTIONS IT DEEMS NECESSARY OR CONVENIENT TO
 FOSTER AND ENCOURAGE THE SITING AND DEVELOPMENT OF MAJOR RENEWABLE ENER-
 GY FACILITIES AT APPROPRIATE LOCATIONS THROUGHOUT THE STATE  IN  ACCORD-
 ANCE  WITH  THIS  TITLE,  WORK  IN COLLABORATION WITH THE NEW YORK STATE
 URBAN DEVELOPMENT CORPORATION AND ANY  OF  THEIR  AFFILIATES,  INCLUDING
 WITHOUT LIMITATION:
   1.  (A) LOCATE, IDENTIFY AND ASSESS SITES WITHIN THE STATE THAT APPEAR
 SUITABLE FOR  THE  DEVELOPMENT  OF  MAJOR  RENEWABLE  ENERGY  FACILITIES
 INCLUDING  FOR THE SPECIFIC PURPOSE OF PRODUCING BUILD-READY SITES. SUCH
 ASSESSMENT MAY INCLUDE BUT NEED NOT BE LIMITED TO THE FOLLOWING  CONSID-
 ERATIONS:
   (I)  NATURAL  CONDITIONS  AT  THE SITE THAT ARE FAVORABLE TO RENEWABLE
 ENERGY GENERATION;
   (II) CURRENT LAND USES AT OR NEAR THE SITE;
   (III) ENVIRONMENTAL CONDITIONS AT OR NEAR THE SITE;
   (IV) THE AVAILABILITY  AND  CHARACTERISTICS  OF  ANY  TRANSMISSION  OR
 DISTRIBUTION FACILITIES ON OR NEAR THE SITE THAT COULD BE USED TO FACIL-
 ITATE THE DELIVERY OF ENERGY FROM THE SITE, INCLUDING EXISTING OR POTEN-
 TIAL CONSTRAINTS ON SUCH FACILITIES;
   (V)  THE POTENTIAL FOR THE DEVELOPMENT OF ENERGY STORAGE FACILITIES AT
 OR NEAR THE SITE;
   (VI) POTENTIAL IMPACTS OF DEVELOPMENT  ON  DISADVANTAGED  COMMUNITIES;
 AND
   (VII)  EXPRESSIONS  OF  COMMERCIAL  INTEREST  IN  THE  SITE OR GENERAL
 LOCATION BY DEVELOPERS OF MAJOR RENEWABLE ENERGY FACILITIES.
   (B) IN MAKING SUCH ASSESSMENT THE AUTHORITY IS AUTHORIZED  TO  AND  TO
 GIVE  PRIORITY TO EXISTING OR ABANDONED COMMERCIAL USES, INCLUDING WITH-
 OUT LIMITATION BROWNFIELDS, LANDFILLS, FORMER COMMERCIAL  OR  INDUSTRIAL
 SITES, AND ABANDONED OR OTHERWISE UNDERUTILIZED SITES;
   2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NEGOTIATE AND
 ENTER  INTO  AGREEMENTS  WITH  PERSONS  WHO  OWN OR CONTROL INTERESTS IN

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 FAVORABLE SITES FOR THE PURPOSE OF SECURING  THE  RIGHTS  AND  INTERESTS
 NECESSARY TO ENABLE THE AUTHORITY TO ESTABLISH BUILD-READY SITES;
   3.  ESTABLISH PROCEDURES AND PROTOCOLS FOR THE PURPOSE OF ESTABLISHING
 BUILD-READY SITES;
   4. UNDERTAKE ALL WORK AND SECURE SUCH PERMITS AS THE  AUTHORITY  DEEMS
 NECESSARY OR CONVENIENT TO FACILITATE THE PROCESS OF ESTABLISHING BUILD-
 READY  SITES AND FOR THE TRANSFER OF THE BUILD-READY SITES TO DEVELOPERS
 SELECTED PURSUANT TO THE PROCESS AUTHORIZED BY THIS TITLE OR  ANY  OTHER
 PROCESS AUTHORIZED BY LAW;
   5.  NOTWITHSTANDING  ANY  OTHER  LAW  TO THE CONTRARY, INCLUDING TITLE
 FIVE-A OF ARTICLE NINE OF THIS CHAPTER, ESTABLISH A  PROGRAM,  INCLUDING
 ELIGIBILITY  AND  OTHER CRITERIA, PURSUANT TO WHICH THE AUTHORITY WOULD,
 THROUGH A COMPETITIVE PROCESS, TRANSFER RIGHTS AND  OTHER  INTERESTS  IN
 BUILD-READY  SITES  AND DEVELOPMENT RIGHTS TO DEVELOPERS FOR THE PURPOSE
 OF FACILITATING THE DEVELOPMENT OF MAJOR RENEWABLE ENERGY FACILITIES  ON
 SUCH  BUILD-READY SITES.   SUCH TRANSACTIONS MAY INCLUDE THE TRANSFER OF
 RIGHTS, INTERESTS AND OBLIGATIONS EXISTING  UNDER  AGREEMENTS  PROVIDING
 FOR  HOST  COMMUNITY  BENEFITS  NEGOTIATED  BY THE AUTHORITY PURSUANT TO
 PROGRAMS ESTABLISHED PURSUANT TO SUBDIVISION SIX OF THIS SECTION ON SUCH
 TERMS AND CONDITIONS AS THE AUTHORITY DEEMS APPROPRIATE;
   6. ESTABLISH ONE OR MORE PROGRAMS PURSUANT TO  WHICH  PROPERTY  OWNERS
 AND  COMMUNITIES WOULD RECEIVE INCENTIVES TO HOST MAJOR RENEWABLE ENERGY
 FACILITIES DEVELOPED FOR THE PURPOSE OF  ADVANCING  THE  STATE  POLICIES
 EMBODIED  IN THIS ARTICLE.  SUCH PROGRAM MAY INCLUDE WITHOUT LIMITATION,
 AND  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW  TO  THE  CONTRARY,
 PROVISIONS FOR THE AUTHORITY TO NEGOTIATE AND ENTER INTO AGREEMENTS WITH
 PROPERTY OWNERS AND HOST COMMUNITIES PROVIDING FOR INCENTIVES, INCLUDING
 A PAYMENT IN LIEU OF TAXES, THE TRANSFER OF THE AUTHORITY'S INTERESTS IN
 SUCH AGREEMENTS TO DEVELOPERS TO WHOM BUILD-READY SITES ARE TRANSFERRED,
 AND THE PROVISION OF INFORMATION AND GUIDANCE TO STAKEHOLDERS CONCERNING
 INCENTIVES;
   7.  PROCURE  THE  SERVICES OF ONE OR MORE SERVICE PROVIDERS, INCLUDING
 WITHOUT LIMITATION ENVIRONMENTAL CONSULTANTS, ENGINEERS  AND  ATTORNEYS,
 TO  SUPPORT  THE  AUTHORITY'S  RESPONSIBILITIES  UNDER  THIS SECTION AND
 PERFORM SUCH OTHER FUNCTIONS AS THE AUTHORITY DEEMS APPROPRIATE;
   8. IN CONSULTATION WITH THE DEPARTMENT OF  ECONOMIC  DEVELOPMENT,  THE
 DEPARTMENT  OF  LABOR  AND  OTHER  STATE AGENCIES AND AUTHORITIES HAVING
 EXPERIENCE WITH JOB TRAINING PROGRAMS, ASSESS THE NEED  FOR  AND  AVAIL-
 ABILITY  OF WORKFORCE TRAINING IN THE LOCAL AREA OF BUILD-READY SITES TO
 SUPPORT RENEWABLE ENERGY DEVELOPMENT WITH SPECIAL ATTENTION TO DISADVAN-
 TAGED COMMUNITIES AND, SUBJECT TO AVAILABLE FUNDING,  ESTABLISH  ONE  OR
 MORE  PROGRAMS PURSUANT TO WHICH FINANCIAL SUPPORT CAN BE MADE AVAILABLE
 FOR THE LOCAL WORKFORCE AND UNDER-EMPLOYED POPULATIONS IN THE AREA;
   9. MANAGE, ALLOCATE AND SPEND ANY MONIES MADE AVAILABLE TO THE AUTHOR-
 ITY IN FURTHERANCE OF THIS TITLE  AS  THE  AUTHORITY  DETERMINES  TO  BE
 APPROPRIATE  FOR  THE PROPER ADMINISTRATION OF PROGRAMS CREATED PURSUANT
 TO THIS TITLE;
   10. WHERE THE AUTHORITY DETERMINES THAT IT WOULD BE BENEFICIAL TO  THE
 POLICY  EMBODIED  IN  THIS  TITLE,  THE AUTHORITY MAY OFFER FINANCING OR
 OTHER INCENTIVES TO ELIGIBLE DEVELOPERS,  INCLUDING  WITHOUT  LIMITATION
 MEASURES  AND ACTIVITIES UNDERTAKEN BY THE AUTHORITY IN CONJUNCTION WITH
 ITS ADMINISTRATION OF THE  STATE'S  CLEAN  ENERGY  STANDARD  OR  SIMILAR
 PROGRAM  AS  ESTABLISHED IN COMMISSION ORDERS, INCLUDING WITHOUT LIMITA-
 TION ORDERS ISSUED IN COMMISSION CASE NUMBER 15-E-0302;
   11. REQUEST AND RECEIVE THE ASSISTANCE  OF,  THE  DEPARTMENTS  OR  ANY
 OTHER  STATE  AGENCY  OR  AUTHORITY,  WITHIN  THEIR  RESPECTIVE RELEVANT

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 SUBJECT MATTER EXPERTISE, TO SUPPORT THE ADMINISTRATION OF  THE  PROGRAM
 CREATED PURSUANT TO THIS TITLE; AND
   12. EXERCISE SUCH OTHER POWERS AND TAKE ALL OTHER ACTIONS THE AUTHORI-
 TY  DEEMS  NECESSARY  OR CONVENIENT FOR THE PROPER ADMINISTRATION OF THE
 PROGRAM CREATED PURSUANT TO THIS TITLE.
   § 1903. ELIGIBILITY. THE AUTHORITY MAY ESTABLISH AND REVISE ANY ELIGI-
 BILITY AND EVALUATION CRITERIA  IT  DEEMS  APPROPRIATE  FOR  THE  PROPER
 ADMINISTRATION OF THE PROGRAMS CREATED PURSUANT TO THIS TITLE.
   § 1904. FUNDING. 1. THE AUTHORITY MAY SEEK FUNDING FROM ANY AUTHORIZED
 OR OTHER AVAILABLE SOURCE TO ADMINISTER THIS PROGRAM.
   2. WITHOUT LIMITING THE FOREGOING, THE AUTHORITY MAY SUBMIT A PETITION
 OR  OTHER APPROPRIATE FILING TO THE COMMISSION DESCRIBING THE ACTIVITIES
 IT HAS TAKEN AND  PLANS  TO  UNDERTAKE  IN  FURTHERANCE  OF  THE  POLICY
 EMBODIED IN THIS TITLE. SUCH FILING MAY INCLUDE A REQUEST FOR FUNDING TO
 ALLOW  SUCH  ACTIVITIES TO PROCEED PROMPTLY AND FOR A PERIOD OF AT LEAST
 FIVE YEARS FROM THE DATE OF THE ORDER RESPONDING TO SUCH  PETITION.  THE
 COMMISSION  SHALL,  IN  ACCORDANCE WITH AND AS PROMPTLY AS AUTHORIZED BY
 EXISTING LAW AND REGULATION BUT  IN  NO  EVENT  MORE  THAN  FOUR  MONTHS
 FOLLOWING  THE  SUBMISSION OF THE PETITION, ISSUE AN ORDER RESPONDING TO
 SUCH PETITION SUBJECT TO ANY NECESSARY AND REASONABLE LIMITATIONS  BASED
 ON THE PUBLIC SERVICE LAW.
   §  19. State power grid study and program to achieve CLCPA targets. 1.
 As used in this section:
   (a) "CLCPA targets" means  the  public  policies  established  in  the
 climate  leadership  and community protection act enacted in chapter 106
 of the laws of 2019, including the requirements that a  minimum  of  70%
 statewide electric generation be produced by renewable energy systems by
 2030,  by  the  year  2040  the  statewide electrical demand system will
 generate zero emissions, and the  state's  jurisdictional  load  serving
 entities  will procure at least 9 gigawatts of offshore wind electricity
 generation by 2035, six gigawatts of photovoltaic  solar  generation  by
 2025,  and  support  3 gigawatts of statewide energy storage capacity by
 2030, as such policies may from time to time be amended.
   (b) "Commission" means the public service commission.
   (c) "Department" means the department of public service.
   (d) "Distribution upgrade" means a new  distribution  facility  or  an
 improvement,  enhancement,  replacement,  or  other  modification to the
 electric power grid at the distribution level  in  a  utility's  service
 territory that facilitates achievement of the CLCPA targets.
   (e)  "Local  transmission  upgrade"  means a new transmission facility
 that is identified within a utility's local transmission  capital  plan,
 an  upgrade  to  local transmission facility as defined in the tariff of
 the state grid operator, or an improvement, enhancement, replacement, or
 other modification to a transmission facility  in  a  utility's  service
 territory that facilitates achievement of the CLCPA targets.
   (f)  "Major  renewable  energy  facility"  has  the same meaning as in
 subdivision 6 of section 453 of the economic development law.
   (g) "Bulk transmission investment" means a new  transmission  facility
 or  an  improvement,  enhancement, replacement, or other modification to
 the state's bulk electric transmission grid that facilitates achievement
 of the CLCPA targets and includes without limitation alternating current
 facilities and high voltage direct current facilities, including  subma-
 rine transmission facilities.
   (h) "State grid operator" means the federally designated electric bulk
 system operator for New York state.

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   (i)  "Utility"  means  an electric transmission or delivery utility or
 any other person owning  or  maintaining  an  electric  transmission  or
 delivery system, over which the commission has jurisdiction.
   2.  The  department,  in  consultation  with the New York state energy
 research and development authority, the power authority of the state  of
 New  York, the Long Island power authority, the state grid operator, and
 the utilities shall undertake a comprehensive study for the  purpose  of
 identifying  distribution upgrades, local transmission upgrades and bulk
 transmission investments that are necessary or appropriate to facilitate
 the timely achievement of the CLCPA targets (collectively,  "power  grid
 study"). The power grid study shall address needed distribution upgrades
 and  local  transmission upgrades for each utility service territory and
 separately address  needed  bulk  transmission  system  investments.  In
 performing  the study, the department may consider such issues it deter-
 mines to be appropriate including by way of example system  reliability;
 safety;  cost-effectiveness  of  upgrades  and  investments in promoting
 development of major renewable energy facilities and relieving or avoid-
 ing constraints; and factors considered by the office of renewable ener-
 gy siting in issuing  and  enforcing  renewable  energy  siting  permits
 pursuant  to article 23 of the economic development law. In carrying out
 the study, the department is authorized to gather input from owners  and
 developers  of  competitive transmission projects, the state grid opera-
 tor, and providers of transmission technology and smart grid  solutions,
 and to utilize information available to the department from other perti-
 nent  studies or research relating to modernization of the state's power
 grid. To enable the state to meet the CLCPA targets in  an  orderly  and
 cost-effective manner, the department may issue findings and recommenda-
 tions  as part of the power grid study at reasonable intervals but shall
 make an initial report of findings and recommendations within  270  days
 of the effective date of this section.
   3.  The  commission  shall, within 30 days of the initial findings and
 recommendations required by subdivision 2 of this section,  or  at  such
 earlier  time as the commission determines to be appropriate, commence a
 proceeding to establish a distribution and  local  transmission  capital
 plan  for  each  utility in whose service territory the power grid study
 identified distribution upgrades and local  transmission  upgrades  that
 the  department  determines  are necessary or appropriate to achieve the
 CLCPA targets (the "state distribution and  local  transmission  upgrade
 programs").  The  state  distribution  and  local  transmission  upgrade
 programs shall establish a prioritized schedule  upon  which  each  such
 upgrade  shall  be  accomplished.    Concurrently, the Long Island power
 authority shall  establish  a  capital  program  to  address  identified
 distribution and local transmission upgrades in its service territory.
   4.  The  commission  shall, within thirty days of the initial findings
 and recommendations required by subdivision 2 of this section,  commence
 a  proceeding to establish a bulk transmission system investment program
 that identifies bulk transmission investments that the commission deter-
 mines are necessary or appropriate to achieve  the  CLCPA  targets  (the
 "state  bulk transmission investment plan"). The commission shall estab-
 lish a prioritized schedule for implementation of the state bulk  trans-
 mission investment plan, and in particular shall identify projects which
 shall  be completed expeditiously to meet the CLCPA targets. The commis-
 sion shall periodically review and update the  state  bulk  transmission
 investment  plan,  and  its  designation  of projects in that plan which
 shall be completed expeditiously.  The state bulk  transmission  invest-
 ment  plan shall be submitted by the commission to the state grid opera-

 S. 7508--A                         237                        A. 9508--A
 
 tor for appropriate incorporation into the state grid operator's studies
 and plans.
   5. The legislature finds and determines that timely development of the
 bulk  transmission investments identified in the state bulk transmission
 investment plan is in the public interest of the people of the state  of
 New  York.  The  legislature further finds and determines that the power
 authority of the state of New York owns and operates  backbone  electric
 transmission  assets  in New York, has rights-of-way that can support in
 whole or in part bulk transmission  investment  projects,  and  has  the
 financial  stability, access to capital, technical expertise and experi-
 ence to effectuate expeditious development of bulk transmission  invest-
 ments  needed  to  help the state meet the CLCPA targets, and thus it is
 appropriate for the power authority of the state of New York, subject to
 the approval of its trustees, by itself or in collaboration  with  other
 parties as it determines to be appropriate, to develop those bulk trans-
 mission  improvements found by the commission to be needed expeditiously
 to achieve CLCPA targets.
   6. For the state distribution and local transmission upgrade  program,
 the commission shall address implementation of such upgrades pursuant to
 the  existing  processes  under  the public service law.  The department
 shall also make recommendations to the Long Island power  authority  for
 upgrades  for  purposes  of  assisting  the  state  to achieve the CLCPA
 targets.
   7. No later than January 1, 2023, and every 4  years  thereafter,  the
 commission  shall,  after  notice  and  provision for the opportunity to
 comment, issue a comprehensive review of the actions taken  pursuant  to
 this section and their impacts on grid congestion and achievement of the
 CLCPA  targets,  and  shall  institute new proceedings as the commission
 determines to be necessary to address any deficiencies identified there-
 with.
   8. The power authority of the state of New York and the New York state
 energy research and  development  authority,  are  each  authorized,  as
 deemed  feasible and advisable by their respective boards, to contribute
 to the cost of the power grid study required by subdivision  2  of  this
 section.
   9.  The  power  authority  of  the state of New York is authorized and
 directed to use existing  rights-of-way  when  undertaking  bulk  trans-
 mission investments identified in the state bulk transmission investment
 plan.
   10. Nothing in this section is intended to:
   (a) limit, impair, or affect the legal authority of the power authori-
 ty that existed as of the effective date of this section; or
   (b) limit the authority of the power authority to undertake any trans-
 mission  project,  including  bulk transmission investments, and recover
 costs under any other process or procedure authorized by state or feder-
 al law as the authority determines to be appropriate.
   § 20. Host community benefit. 1. Definitions. As used in this section,
 the following terms shall have the following meanings:
   (a) "Renewable host community"  shall  mean  any  municipality  within
 which  a  major  renewable  energy facility defined in article 23 of the
 economic development law, or any portion thereof, has been proposed  for
 development.
   (b) "Renewable owner" shall mean the owner of a major renewable energy
 facility  constructed  after  the effective date of this section that is
 proposed to be located in a host community, for which the New York state
 energy research and development authority has executed an agreement  for

 S. 7508--A                         238                        A. 9508--A
 
 the  acquisition  of  environmental attributes related to a solicitation
 issued by such authority after the effective date of this section.
   (c)  "Utility" means an electric distribution utility regulated pursu-
 ant to section 66 of the public service law and serving customers within
 a host community.
   2. The public service commission shall, within 60 days from the effec-
 tive date hereof, commence a proceeding to  establish  a  program  under
 which  renewable  owners  would  fund a program to provide a discount or
 credit on the utility bills of the utility's customers  in  a  renewable
 host  community,  or  a  compensatory  or  environmental benefit to such
 customers. Such proceeding shall determine the amount of such  discount,
 credit,  compensatory  or  environmental  benefit  based  on all factors
 deemed appropriate by the commission,  including  the  expected  average
 electrical output of the facility, the average number of customers with-
 in the renewable host community, and the expected aggregate annual elec-
 tric  consumption  within  such  renewable host community, the potential
 impact on disadvantaged communities, and the role of utilities, if  any,
 in  implementing  any  aspect  of  such  program.  The Long Island power
 authority shall establish a program  for  renewable  facilities  in  its
 service territory to achieve the same objectives.
   § 21. Subdivision 3 of section 123 of the public service law, as added
 by chapter 252 of the laws of 2002, is amended to read as follows:
   3.  Unless  otherwise  stipulated  by the applicant[, a final determi-
 nation regarding an application for a certificate  to  construct  trans-
 mission  facilities  for  interconnection  with a wind energy production
 facility located in the county of Lewis shall  be  rendered  within  six
 months from the date of receipt of a compliant application.]:
   (A)  PROCEEDINGS  ON  AN  APPLICATION FOR A MAJOR UTILITY TRANSMISSION
 FACILITY AS DEFINED IN PARAGRAPH A OF SUBDIVISION  TWO  OF  SECTION  ONE
 HUNDRED  TWENTY  OF  THIS  ARTICLE  SHALL  BE COMPLETED IN ALL RESPECTS,
 INCLUDING A FINAL DECISION BY THE COMMISSION, WITHIN TWELVE MONTHS  FROM
 THE  DATE  OF A DETERMINATION BY THE SECRETARY OF THE COMMISSION THAT AN
 APPLICATION COMPLIES WITH SECTION ONE HUNDRED TWENTY-TWO OF  THIS  ARTI-
 CLE;  PROVIDED,  HOWEVER,  THE  COMMISSION  MAY  EXTEND  THE DEADLINE IN
 REASONABLE CIRCUMSTANCES BY NO MORE THAN SIX MONTHS  IN  ORDER  TO  GIVE
 CONSIDERATION  TO  SPECIFIC  ISSUES  NECESSARY  TO  DEVELOP  AN ADEQUATE
 RECORD, BECAUSE THE  APPLICANT  HAS  BEEN  UNABLE  TO  OBTAIN  NECESSARY
 APPROVALS  AND/OR  CONSENTS  RELATED  TO  HIGHWAY CROSSINGS OR FOR OTHER
 REASONS DEEMED IN THE PUBLIC INTEREST. THE  COMMISSION  SHALL  RENDER  A
 FINAL DECISION ON THE APPLICATION BY THE AFOREMENTIONED DEADLINES UNLESS
 SUCH  DEADLINES  ARE WAIVED BY THE APPLICANT OR IF THE APPLICANT NOTICES
 THE APPLICATION FOR SETTLEMENT, IN WHICH CASE THE TIMEFRAMES ESTABLISHED
 IN THIS PARAGRAPH ARE TOLLED UNTIL SUCH TIME THAT SETTLEMENT DISCUSSIONS
 ARE SUSPENDED.  IF, AT ANY TIME SUBSEQUENT TO THE  COMMENCEMENT  OF  THE
 HEARING,  THERE IS A SUBSTANTIVE AND SIGNIFICANT AMENDMENT TO THE APPLI-
 CATION, THE DEADLINES MAY BE EXTENDED BY NO MORE THAN SIX MONTHS, UNLESS
 SUCH DEADLINE IS WAIVED BY THE APPLICANT, TO CONSIDER SUCH AMENDMENT.
   (B) THE COMMISSION SHALL PROMULGATE RULES OR REGULATIONS TO  ESTABLISH
 AN EXPEDITED PROCESS FOR PROCEEDINGS ON APPLICATIONS FOR A MAJOR UTILITY
 TRANSMISSION  FACILITY  AS  DEFINED IN PARAGRAPH A OF SUBDIVISION TWO OF
 SECTION ONE HUNDRED TWENTY OF THIS ARTICLE THAT (I) WOULD BE CONSTRUCTED
 WITHIN EXISTING RIGHTS OF WAY, (II) THE COMMISSION DETERMINES WOULD  NOT
 RESULT  IN  ANY  SIGNIFICANT  ADVERSE  ENVIRONMENTAL IMPACTS CONSIDERING
 CURRENT USES AND CONDITIONS EXISTING AT THE SITE, OR (III) WOULD  NECES-
 SITATE  EXPANDING  THE EXISTING RIGHTS-OF-WAY BUT SUCH EXPANSION IS ONLY

 S. 7508--A                         239                        A. 9508--A
 
 FOR THE PURPOSE OF COMPLYING WITH LAW, REGULATIONS,  OR  INDUSTRY  PRAC-
 TICES RELATING TO ELECTROMAGNETIC FIELDS.
   (C)  FOR  PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (I) "EXPEDITED PROCESS" SHALL MEAN A PROCESS FOR PROCEEDINGS ON APPLI-
 CATIONS FOR A MAJOR ELECTRIC TRANSMISSION FACILITY THAT IS COMPLETED  IN
 ALL  RESPECTS, INCLUDING A FINAL DECISION BY THE COMMISSION, WITHIN NINE
 MONTHS FROM THE DATE OF A DETERMINATION BY THE SECRETARY OF THE  COMMIS-
 SION THAT AN APPLICATION COMPLIES WITH SECTION ONE HUNDRED TWENTY-TWO OF
 THIS  ARTICLE;  PROVIDED,  HOWEVER,  THAT  IF  THE APPLICANT NOTICES THE
 APPLICATION FOR SETTLEMENT, THE TIMEFRAME ESTABLISHED IN THIS  PARAGRAPH
 SHALL  BE  TOLLED  UNTIL  SUCH  TIME  THAT  SETTLEMENT  DISCUSSIONS  ARE
 SUSPENDED.
   (II) "RIGHT-OF-WAY" SHALL MEAN (A)  REAL  PROPERTY  THAT  IS  USED  OR
 AUTHORIZED TO BE USED FOR ELECTRIC UTILITY PURPOSES, OR (B) REAL PROPER-
 TY  OWNED  OR  CONTROLLED  BY  OR UNDER THE JURISDICTION OF THE STATE, A
 DISTRIBUTION UTILITY, OR A STATE PUBLIC AUTHORITY INCLUDING BY MEANS  OF
 OWNERSHIP,  LEASE OR EASEMENT, THAT IS USED OR AUTHORIZED TO BE USED FOR
 TRANSPORTATION OR CANAL PURPOSES.
   § 22. Paragraphs (c) and (d) of subdivision 1 of section  126  of  the
 public  service law, paragraph (c) as amended by chapter 406 of the laws
 of 1987 and paragraph (d) as amended by chapter 521 of the laws of 2015,
 are amended, paragraph (h) of subdivision 1 is relettered paragraph  (i)
 and a new paragraph (h) is added to read as follows:
   (c) that the facility [represents the minimum] MINIMIZES TO THE EXTENT
 PRACTICABLE  ANY  SIGNIFICANT  adverse environmental impact, considering
 the state of available technology and the nature and  economics  of  the
 various  alternatives,  and other pertinent considerations including but
 not limited to, the effect on agricultural  lands,  wetlands,  parklands
 and river corridors traversed;
   (d)  that  the facility [represents a minimum] MINIMIZES TO THE EXTENT
 PRACTICABLE ANY SIGNIFICANT adverse impact on active farming  operations
 that  produce  crops,  livestock  and  livestock products, as defined in
 section three hundred one of the agriculture and markets law,  consider-
 ing  the  state  of available technology and the nature and economics of
 various alternatives, and the  ownership  and  easement  rights  of  the
 impacted property;
   (H) WITH RESPECT TO ANY BULK TRANSMISSION INVESTMENT IDENTIFIED IN THE
 STATE  BULK  TRANSMISSION  INVESTMENT  PLAN DEVELOPED UNDER THE ACT THAT
 ADDED THIS SUBDIVISION FOR WHICH THE COMMISSION  HAS  FOUND  THAT  EXPE-
 DITIOUS  CONSTRUCTION  IS  NECESSARY  TO MEET THE CLIMATE LEADERSHIP AND
 COMMUNITY PROTECTION ACT TARGETS AND FOR WHICH THE  POWER  AUTHORITY  OF
 THE  STATE  OF  NEW YORK ALONE OR IN COLLABORATION WITH OTHER PARTIES IS
 THE APPLICANT;
   § 23.  Notwithstanding  any  other  law  to  the  contrary,  including
 sections  2879-a  and  2897  of  the  public  authorities law, the power
 authority of the state of New York, the Long Island power authority  and
 the  New  York  state energy research and development authority may each
 negotiate and enter into agreements with other parties providing for the
 conveyance of interests in real property provided that in  the  case  of
 any  such  conveyance  such  entity  determines that the conveyance will
 further the purposes of this act or provide other benefits to the entity
 or the state.
   § 24. The environmental conservation law is amended by  adding  a  new
 section 11-0535-c to read as follows:
 § 11-0535-C. ENDANGERED AND THREATENED SPECIES MITIGATION BANK FUND.

 S. 7508--A                         240                        A. 9508--A
 
   1.  THE DEPARTMENT IS HEREBY AUTHORIZED TO UTILIZE FUNDS IN THE ENDAN-
 GERED AND THREATENED SPECIES MITIGATION BANK FUND, ESTABLISHED  PURSUANT
 TO  SECTION NINETY-NINE-HH OF THE STATE FINANCE LAW, FOR THE PURPOSES OF
 FACILITATING THE ACHIEVEMENT OF A NET CONSERVATION BENEFIT TO ENDANGERED
 OR THREATENED SPECIES WHICH MAY BE IMPACTED BY THE CONSTRUCTION OR OPER-
 ATION  OF  A  MAJOR  RENEWABLE  ENERGY  FACILITY OR OTHER JURISDICTIONAL
 ACTIVITIES REVIEWED BY THE DEPARTMENT PURSUANT TO THIS TITLE.
   2. SUCH FUND SHALL CONSIST OF CONTRIBUTIONS, IN AN  AMOUNT  DETERMINED
 BY  THE  DEPARTMENT, DEPOSITED BY AN APPLICANT GRANTED A PERMIT PURSUANT
 TO THIS TITLE OR OTHERWISE GIVEN APPROVAL FOR PROJECTS WHICH MAY HAVE AN
 IMPACT ON ENDANGERED OR THREATENED SPECIES, INCLUDING A SITING PERMIT TO
 CONSTRUCT A MAJOR RENEWABLE ENERGY FACILITY, WHERE  SUCH  APPLICANT  HAS
 BEEN  ORDERED  TO MITIGATE HARM TO A THREATENED OR ENDANGERED SPECIES OR
 ITS HABITAT.
   3. IN ADMINISTERING THE PROVISIONS OF THIS ARTICLE, THE COMMISSIONER:
   A. MAY, IN THE NAME OF THE STATE, ENTER INTO CONTRACTS  WITH  NOT-FOR-
 PROFIT   CORPORATIONS,  PRIVATE  OR  PUBLIC  UNIVERSITIES,  AND  PRIVATE
 CONTRACTORS FOR SERVICES CONTEMPLATED  BY  THIS  TITLE.  SUCH  CONTRACTS
 SHALL  BE  SUBJECT TO APPROVAL BY THE STATE COMPTROLLER AND, AS TO FORM,
 BY THE ATTORNEY GENERAL.
   B. SHALL  APPROVE  VOUCHERS  FOR  PAYMENTS  PURSUANT  TO  AN  APPROVED
 CONTRACT.    ALL SUCH PAYMENTS SHALL BE PAID ON THE AUDIT AND WARRANT OF
 THE STATE COMPTROLLER;
   C. MAY, IN THE NAME OF THE STATE, ENTER INTO CONTRACTS WITH A NOT-FOR-
 PROFIT CORPORATION TO ADMINISTER GRANTS MADE  PURSUANT  TO  THIS  TITLE,
 INCLUDING  THE  APPROVAL AND PAYMENT OF VOUCHERS FOR APPROVED CONTRACTS;
 AND
   D. MAY PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY,  PROP-
 ER, OR DESIRABLE TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
   4. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT OR RESTRICT ANY
 POWERS  OF  THE  COMMISSIONER  OR ANY OTHER AGENCY PURSUANT TO ANY OTHER
 PROVISION OF LAW.
   5. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO PROMULGATE ANY REGU-
 LATIONS DEEMED NECESSARY TO IMPLEMENT THIS SECTION.
   § 25. The state finance law is amended by adding a new  section  99-hh
 to read as follows:
   §  99-HH.  ENDANGERED  AND THREATENED SPECIES MITIGATION BANK FUND. 1.
 THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER  AND
 THE  COMMISSIONER  OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS
 THE "ENDANGERED AND THREATENED SPECIES MITIGATION BANK FUND".
   2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED  PURSUANT  TO  THE
 PROVISIONS  OF  SECTION  11-0535-C OF THE ENVIRONMENTAL CONSERVATION LAW
 AND ALL OTHER MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM
 ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   3. ALL MONEYS DEPOSITED IN THE ENDANGERED AND THREATENED SPECIES MITI-
 GATION BANK FUND SHALL BE AVAILABLE FOR PROJECTS UNDERTAKEN  TO  FACILI-
 TATE  A  NET  CONSERVATION  BENEFIT TO ENDANGERED AND THREATENED SPECIES
 POTENTIALLY IMPACTED BY APPROVALS PROVIDED BY THE DEPARTMENT FOR  ACTIV-
 ITIES,  SUCH  AS CONSTRUCTION OF A MAJOR RENEWABLE ENERGY FACILITY OR BY
 ANY OTHER PROPOSED ACTIVITIES AS DETERMINED BY THE  DEPARTMENT  PURSUANT
 TO  SUBDIVISION  ONE OF SECTION 11-0535-C OF THE ENVIRONMENTAL CONSERVA-
 TION LAW.
   4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
 OF ENVIRONMENTAL CONSERVATION.

 S. 7508--A                         241                        A. 9508--A
 
   § 26. 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 invalidate
 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.
   § 27. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through JJJ of this  act  shall
 be as specifically set forth in the last section of such Parts.