The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6615

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              June 20, 2019
                               ___________

Introduced  by Sen. KRUEGER -- (at request of the Budget Article VII) --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Finance

AN  ACT  to amend the public authorities law, in relation to performance
  metrics of the MTA (Part A); to amend the vehicle and traffic law,  in
  relation to the description of the central business district (Part B);
  to amend the public authorities law, in relation to the MTA's reorgan-
  ization  plan  (Part  C);  to  amend  the  vehicle and traffic law, in
  relation to removing caps on automated  enforcement  cameras  for  bus
  lanes  in  the  city  of New York and creating a graduated schedule of
  fines for repeat offenders and to amend part II of chapter 59  of  the
  laws  of  2010,  amending  the  vehicle and traffic law and the public
  officers law relating to  establishing  a  bus  rapid  transit  demon-
  stration program to restrict the use of bus lanes by means of bus lane
  photo  devices,  in relation to the effectiveness thereof (Part D); to
  amend the public authorities law, in relation to the membership of the
  metropolitan transportation authority (Part E); intentionally  omitted
  (Part  F);  to  amend  the  real  property tax law and the tax law, in
  relation to switching from the STAR tax  exemption  to  the  STAR  tax
  credit  (Part  G);  to amend the state finance law and the tax law, in
  relation to establishing the empire state entertainment diversity  job
  training  development  fund  (Subpart A); and to amend the tax law, in
  relation to amending the definition of  a  qualified  film  production
  facility  (Subpart  B)  (Part H); to amend the tax law, in relation to
  exempting from tax a portion of  global  intangible  low-taxed  income
  (Part  I);  to  amend  the  tax law, in relation to the definitions of
  vendor and marketplace provider (Part J); to amend chapter 329 of  the
  laws  of  1991, amending the state finance law and other laws relating
  to the establishment of the dedicated highway and bridge  trust  fund,
  in  relation  to  the issuance of certain bonds or notes; to amend the
  public authorities law, in relation to the issuance of  certain  bonds
  or  notes;  to  amend the New York state urban development corporation
  act, in relation to the issuance of certain bonds or notes;  to  amend
  chapter  63  of  the  laws  of  2005,  relating to the composition and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13453-05-9

S. 6615                             2

  responsibilities of the New York state higher education capital match-
  ing grant board, in relation to increasing the  amount  of  authorized
  matching capital grants; and to amend the private housing finance law,
  in  relation to housing program bonds and notes (Part K); to amend the
  public health law, in relation to award dates for certain statewide II
  applications (Part L); to amend the infrastructure investment act,  in
  relation  to  the  definition of an authorized entity that may utilize
  design-build contracts (Part M); to amend the "Jose Peralta  New  York
  state  DREAM act", in relation to making certain technical corrections
  (Part N); to amend the highway law, in relation to mass transit access
  for LaGuardia airport (Part O); to amend the public  authorities  law,
  in  relation  to the acquisition and disposition of real property; and
  providing for the repeal of such provisions  upon  expiration  thereof
  (Part P); to amend the administrative code of the city of New York, to
  amend  the  emergency  tenant protection act of nineteen seventy-four,
  and to amend part C of chapter 36 of the laws of  2019,  amending  the
  administrative  code  of the city of New York and the emergency tenant
  protection act of nineteen seventy-four relating to vacancy of certain
  housing accommodations and to amend the  emergency  tenant  protection
  act  of  nineteen seventy-four and the administrative code of the city
  of New York relating to prohibiting a  county  rent  guidelines  board
  from establishing rent adjustments for class A dwelling units based on
  certain  considerations,  in  relation  to  rent guidelines boards; to
  amend part D of chapter 36 of the laws of 2019 amending the  emergency
  tenant  protection  act of nineteen seventy-four relating to vacancies
  in certain housing accommodations, in relation to making certain tech-
  nical corrections; to amend the emergency  tenant  protection  act  of
  nineteen  seventy-four  and the administrative code of the city of New
  York, in relation to vacancy decontrol; to  amend  the  administrative
  code  of  the city of New York, the emergency tenant protection act of
  nineteen seventy-four and the emergency housing rent control  law,  in
  relation  to recovery of certain housing accommodations by a landlord;
  to amend the emergency tenant protection act of nineteen seventy-four,
  the administrative code of the city of New York, the emergency housing
  rent control law, and to amend part K of chapter 36  of  the  laws  of
  2019,  amending the emergency tenant protection act of nineteen seven-
  ty-four and other laws, relating to a temporary increase  in  rent  in
  certain  cases,  in  relation  to  rent increases in certain cases; to
  amend the public housing law, in relation to  annual  reports  by  the
  state commissioner of housing and community renewal; to amend the real
  property  law,  in  relation  to notices required to tenants; to amend
  part M of chapter 36 of the laws of 2019, amending the  real  property
  law, and other laws, relating to enacting the "statewide housing secu-
  rity and tenant protection act of 2019", in relation to the effective-
  ness of certain provisions thereof; to amend the real property law, in
  relation  to  the content of rent-to-own contracts pertaining to manu-
  factured or mobile homes; to amend the emergency housing rent  control
  law, in relation to adjustments of maximum rent; and to repeal certain
  provisions  of the emergency housing rent control law and the adminis-
  trative code of the city of New York  relating  to  vacancy  decontrol
  (Part Q); to amend the tax law, in relation to operational expenses of
  certain gaming facilities (Part R); to amend the tax law and the state
  finance  law,  in  relation  to  video lottery gaming in Orange county
  (Part S); and to amend the judiciary law, in  relation  to  increasing
  the  number of supreme court judges and county court judges in certain
  jurisdictions (Part T)

S. 6615                             3

  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.
Each component is wholly contained within a Part identified as  Parts  A
through  T.  The  effective date for each particular provision contained
within such Part is set forth in the last  section  of  such  Part.  Any
provision  in  any section contained within a Part, including the effec-
tive date of the Part, which makes a reference to  a  section  "of  this
act",  when  used in connection with that particular component, shall be
deemed to mean and refer to the corresponding section  of  the  Part  in
which  it  is  found.   Section three of this act sets forth the general
effective date of this act.

                                 PART A

  Section 1. Section 1276-f of the public authorities law, as  added  by
section 2 of subpart D of part ZZZ of chapter 59 of the laws of 2019, is
amended to read as follows:
  §  1276-f.  Metropolitan  transportation authority transit performance
metrics. 1. Definitions. For the purposes of this section, the following
terms shall have the following meanings:
  (a) "additional platform time" means FOR THE SUBWAYS the average added
time that customers spend waiting on the platform for a train,  compared
with their scheduled wait time.
  (b)  "additional  train  time" means FOR THE SUBWAYS the average addi-
tional time customers spend onboard the train [due  to  various  service
issues], COMPARED WITH THEIR SCHEDULED ON-TRAIN TIME.
  (c)  "customer  journey  time  performance"  means FOR THE SUBWAYS the
percentage of customer trips with an estimated total travel time  within
[two] FIVE minutes of the scheduled total travel time.
  (d)  "elevator  availability"  means  percentage  of  facilities  that
require the use of stairs and have an operational elevator.
  (e) "escalator  availability"  means  percentage  of  facilities  that
require the use of stairs and have an operational escalator.
  (f)  ["excess] "ADDITIONAL journey time" means FOR THE SUBWAYS compar-
ison of measured OR ESTIMATED ACTUAL journey time compared to [scheduled
and standard journey times] SCHEDULE.
  (g) "journey time [metric]" means [the times of each  component  of  a
trip  including access, egress, interchange, time in queue for tickets,]
FOR THE SUBWAYS time on platform and THE time on train. JOURNEY TIME  IS
CALCULATED  AS EITHER ACTUAL JOURNEY TIMES THAT CUSTOMERS EXPERIENCE, OR
AS SCHEDULED JOURNEY TIMES. Journey time and its components may be based
on a manual or an automatically generated sample.
  (h) "major incidents" mean (1) FOR THE  SUBWAY  incidents  that  delay
[twenty]  FIFTY or more trains WHERE A TRAIN IS CONSIDERED DELAYED IF IT
IS MORE THAN FIVE MINUTES LATE OR SKIPS PLANNED STOPS, AND (2)  FOR  THE
COMMUTER  RAILROADS INCIDENTS THAT DELAY TEN OR MORE TRAINS GREATER THAN
FIVE MINUTES AND FIFTY-NINE SECONDS.
  (i) "[staff hours] lost [to] TIME accidents" means [staff  hours  lost
due  to  accidents or illegal activity per billion passenger journeys] A
JOB RELATED INCIDENT THAT RESULTS IN THE INABILITY  OF  AN  EMPLOYEE  TO
PERFORM  FULL  JOB DUTIES FOR AT LEAST ONE WORKING DAY BEYOND THE DAY OF
THE INCIDENT. RATES ARE BASED ON LOST TIME  ACCIDENTS  PER  ONE  HUNDRED
EMPLOYEES.

S. 6615                             4

  (j)  ["standard  journey time" means the ideal journey time calculated
by the metropolitan transportation authority for a  particular  journey]
"EMPLOYEES'  LOST  TIME DAYS" MEANS FOR THE COMMUTER RAILROADS THE TOTAL
NUMBER OF CALENDAR DAYS EMPLOYEES' TREATING MEDICAL  PROFESSIONALS  HAVE
DETERMINED THAT THEY CANNOT WORK DUE TO AN OCCUPATION INJURY OR ILLNESS.
  (K)  "EMPLOYEE  LOST  TIME  RATE" MEANS FOR THE COMMUTER RAILROADS THE
NUMBER OF OCCUPATIONAL INJURIES OR ILLNESSES PER  TWO  HUNDRED  THOUSAND
EMPLOYEE HOURS WORKED.
  [(k)] (L) "terminal on-time performance" means (1) FOR THE SUBWAYS the
percentage  of  trains arriving at their destination terminals as sched-
uled[. A] WITH A train [may be] counted as on-time if it arrives at  its
destination early, on time, or no more than [two] FIVE minutes late, and
has  not  skipped  any planned stops, AND (2) FOR THE COMMUTER RAILROADS
THE PERCENTAGE OF TRAINS ARRIVING AT THEIR FINAL  DESTINATION  TERMINALS
AS SCHEDULED WITH A TRAIN COUNTED AS ON-TIME IF IT ARRIVES AT ITS DESTI-
NATION  EARLY,  ON-TIME  OR  NO  MORE  THAN  FIVE MINUTES AND FIFTY-NINE
SECONDS LATE.  PROVIDED THAT THE PERCENTAGE OF TRAINS  NOT  ARRIVING  AT
THEIR FINAL DESTINATIONS SHALL INCLUDE UNSCHEDULED CANCELLATIONS.
  (M)  "ADDITIONAL  DATA"  MEANS  (1)  FOR THE SUBWAYS THE PERCENTAGE OF
TRAINS ARRIVING AT THEIR  SCHEDULED  TERMINALS  BETWEEN  FOUR  AND  FIVE
MINUTES  AFTER  THEIR SCHEDULED ARRIVAL TIME; (2) FOR THE COMMUTER RAIL-
ROADS THE PERCENTAGE OF TRAINS ARRIVING  AT  THEIR  SCHEDULED  TERMINALS
BETWEEN  FOUR AND FIVE MINUTES AND FIFTY-NINE SECONDS AFTER THEIR SCHED-
ULED ARRIVAL  TIME;  AND  (3)  FOR  COMMUTER  RAILS  THE  PERCENTAGE  OF
CANCELLED TRAINS.
  2.  Reporting.  The [metropolitan transportation] authority shall take
all practicable measures to collect, compile and publish MEANINGFUL  AND
INFORMATIVE  performance  metrics [of] FOR all [services] CUSTOMER TRIPS
provided by THE New York city transit AUTHORITY  subways,  [long  island
railroad]  LONG  ISLAND RAIL ROAD and [metro-north] METRO-NORTH COMMUTER
railroad on a [weekly] MONTHLY basis INCLUDING ALL  APPLICABLE  PERFORM-
ANCE  METRICS  AS  DEFINED  IN  SUBDIVISION  ONE OF THIS SECTION. [These
metrics shall include but not be limited to:
  (a) additional platform time;
  (b) additional train time;
  (c) customer journey time performance;
  (d) elevator availability;
  (e) escalator availability;
  (f) excess journey time;
  (g) journey time metric;
  (h) major incidents metric;
  (i) staff hours lost to accidents; and
  (j) terminal on-time performance.] IF THE AUTHORITY CANNOT PRACTICABLY
COLLECT AND COMPILE ANY SUCH PERFORMANCE  METRIC  FOR  A  CUSTOMER  TRIP
TYPE,  IT  MAY, SUBJECT TO THE APPROVAL BY THE CHAIRMAN OF THE METROPOL-
ITAN TRANSPORTATION  AUTHORITY,  SUBSTITUTE  AN  EQUIVALENT  PERFORMANCE
METRIC  BASED  ON  INTERNATIONAL  PUBLIC TRANSPORT BENCHMARKING AND BEST
PRACTICES THAT COMPARABLY MEASURES SYSTEM PERFORMANCE AND SERVICE DELIV-
ERY.
  3. International benchmarking. (a)  The  authority  shall  publish  an
annual  report presenting the authority's performance in comparison with
other [metros who are members of the community of metros known as CoMET]
NATIONAL AND INTERNATIONAL PEER AGENCIES. This report shall include, but
not be limited to, the following metrics:
  (i) total operating cost per car per mile;
  (ii) maintenance cost per car per [km] MILE;

S. 6615                             5

  (iii) passenger journeys per total staff and contractor hours; and
  (iv) staff hours lost to accidents.
  (b)  The  authority shall also provide an annual implementation report
to the governor, the temporary president of the senate, the  speaker  of
the  assembly,  the  minority leader of the assembly and senate, and the
chairs and ranking  members  of  the  transportation  and  corporations,
authorities  and  commissions committees on or before [December] JANUARY
thirty-first every year, and publish such report on its website.
  § 2. This act shall take effect on the  same  date  and  in  the  same
manner  as  section 2 of subpart D of part ZZZ of chapter 59 of the laws
of 2019, takes effect.

                                 PART B

  Section 1. Subdivision 2 of section 1704 of the  vehicle  and  traffic
law, as added by section 1 of subpart A of part ZZZ of chapter 59 of the
laws of 2019, is amended to read as follows:
  2.  The  central business district tolling program will operate in the
central business district. The central business district  shall  include
[any  roadways,  bridges,  tunnels, approaches or ramps that are located
within, or enter into,] the geographic area in the borough of  Manhattan
south  of and inclusive of sixtieth street to the extent practicable but
shall not include the FDR Drive, and New York state route  9A  otherwise
known  as  the  "West Side highway" including the Battery Park underpass
and any surface roadway portion of the Hugh L. Carey  Tunnel  connecting
to West St. The boundaries of the central business district shall not be
modified, expanded, or reduced and shall incorporate the outer bounds of
the aforementioned district to the extent practicable.
  §  2.  This  act  shall  take  effect on the same date and in the same
manner as section 1 of subpart A of part ZZZ of chapter 59 of  the  laws
of 2019, takes effect.

                                 PART C

  Section  1.  Subdivision 1 of section 1279-e of the public authorities
law, as added by section 1 of subpart B of part ZZZ of chapter 59 of the
laws of 2019, is amended to read as follows:
  1. (a) Notwithstanding any  provision  of  this  title  or  any  other
provision of law, general, special or local, the authority shall develop
and  complete  a  personnel  and  reorganization plan no later than June
thirtieth, two thousand nineteen which  shall,  in  whole  or  in  part,
assign,  transfer,  share, or consolidate any one or more of its powers,
duties, functions or activities or any department,  division  or  office
established  therewith,  or  any of those of its subsidiaries, or affil-
iates or their subsidiaries, within or between itself, its  subsidiaries
or  affiliates  or their subsidiaries, including, but not limited to the
New York City Transit Authority, the Long Island Rail  Road,  the  Metro
North  Commuter Railroad Company, MTA Capital Construction, MTA New York
City Bus, Triborough bridge and tunnel authority,  and  the  MTA  Staten
Island  Railway,  in  a  manner  consistent  with the provisions of this
section. Such plan shall identify common functions and assign, transfer,
share or consolidate, in whole or in part, such  functions  between  the
authority  and  its  subsidiaries, affiliates and subsidiaries of affil-
iates and shall be accompanied by an independent evaluation of  existing
personnel  within  or between itself, its subsidiaries, or affiliates or
their subsidiaries in coordination with the authority's  senior  manage-

S. 6615                             6

ment.  THIS PLAN SHALL BE APPROVED BY THE BOARD OF THE AUTHORITY BY JULY
THIRTIETH, TWO THOUSAND NINETEEN. UPON SUCH APPROVAL,  THE  BOARD  SHALL
ALSO  APPOINT  A  DIRECTOR  OF MTA TRANSFORMATION WHOSE RESPONSIBILITIES
SHALL  INCLUDE  IMPLEMENTING  THE  PERSONNEL AND REORGANIZATION PLAN AND
REPORTING DIRECTLY TO THE BOARD REGARDING THE DIRECTOR'S ACTIVITIES.
  (b) Upon receipt of the review  pursuant  to  section  twelve  hundred
seventy-nine-f  of  this  title the authority shall revise the PERSONNEL
AND reorganization plan to consider and incorporate the findings of such
review within ninety days of receipt. SUCH REVISED PERSONNEL  AND  REOR-
GANIZATION PLAN SHALL BE APPROVED BY THE BOARD OF THE AUTHORITY.
  §  2.  This  act shall take effect immediately; and shall be deemed to
have been in full force and effect on the same  date  and  in  the  same
manner  as  subpart B of part ZZZ of chapter 59 of the laws of 2019 took
effect.

                                 PART D

  Section 1. Paragraph 4 of subdivision (a), paragraph 5 of  subdivision
(c)  and  subdivisions  (e) and (m) of section 1111-c of the vehicle and
traffic law, as amended and subdivision (m) as added  by  section  6  of
part  NNN  of  chapter  59  of  the laws of 2018, are amended to read as
follows:
  4. Within the city of New York, such bus lane  photo  devices  [shall]
MAY only be operated on designated bus lanes [within the bus rapid tran-
sit  program  and only from 6:00 a.m. to 10:00 p.m.]. Warning notices of
violation be issued during the first sixty  days  that  bus  lane  photo
devices are operated on each route in the bus rapid transit program that
is established after June fifteenth, two thousand fifteen.
  5.  "bus  rapid  transit program" shall mean [up to ten] routes desig-
nated by the New York city department of transportation in  consultation
with  the  applicable  mass transit agency, in addition to the Bus Rapid
Transit Phase I plan routes, that operate on designated  bus  lanes  and
that  may  include upgraded signage, enhanced road markings, minimum bus
stop spacing, off-board fare payment, traffic signal priority for buses,
and any other enhancement that increases bus speed or reliability.
  (e) An owner liable for a violation of a bus lane restriction  imposed
on  any  route  within  a  bus rapid transit program shall be liable for
monetary penalties in accordance with a schedule of fines and  penalties
promulgated  by  the  parking violations bureau of the city of New York;
provided, however, that the monetary penalty for violating  a  bus  lane
restriction  shall  not  exceed [one hundred fifteen] FIFTY dollars, ONE
HUNDRED DOLLARS FOR A SECOND OFFENSE WITHIN A TWELVE-MONTH  PERIOD,  ONE
HUNDRED  FIFTY DOLLARS FOR A THIRD OFFENSE WITHIN A TWELVE-MONTH PERIOD,
TWO HUNDRED DOLLARS FOR A FOURTH OFFENSE WITHIN A  TWELVE-MONTH  PERIOD,
AND  TWO  HUNDRED  FIFTY  DOLLARS  FOR  EACH SUBSEQUENT OFFENSE WITHIN A
TWELVE-MONTH PERIOD; provided, further, that an owner  shall  be  liable
for  an  additional  penalty  not to exceed twenty-five dollars for each
violation for the failure to respond to a notice of liability within the
prescribed time period.
  (m) Any revenue from fines and penalties collected  pursuant  to  this
section  from any mobile bus lane photo devices [that were authorized to
be installed pursuant to a chapter of the laws of two thousand  eighteen
that  added this subdivision], NOT INCLUDING ANY REVENUE SHARED WITH THE
CITY OF NEW YORK PURSUANT TO AGREEMENT shall be remitted by the city  of
New  York  to the applicable mass transit agency on a quarterly basis to
be deposited in the general transportation account of the New York  city

S. 6615                             7

transportation  assistance  fund  established pursuant to section twelve
hundred seventy-i of the public authorities law.
  §  2.  The opening paragraph of section 14 of part II of chapter 59 of
the laws of 2010, amending the vehicle and traffic law  and  the  public
officers  law relating to establishing a bus rapid transit demonstration
program to restrict the use of bus lanes by  means  of  bus  lane  photo
devices,  as  amended  by chapter 239 of the laws of 2015, is amended to
read as follows:
  This act shall take effect on the ninetieth day after  it  shall  have
become  a  law  and shall expire [10] 15 years after such effective date
when upon such date the provisions of this act shall be deemed repealed;
and provided that any rules and regulations related to this act shall be
promulgated on or before such effective date, provided that:
  § 3. This act shall take effect immediately; provided that the  amend-
ments  to  section 1111-c of the vehicle and traffic law made by section
one of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.  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 and directed to
be made and completed on or before such effective date.

                                 PART E

  Section 1. Subparagraph 1 of paragraph (a) of subdivision 1 of section
1263 of the public authorities law, as amended by section 3 of part H of
chapter 25 of the laws of 2009, is amended to read as follows:
  (1) There is hereby created the "metropolitan transportation  authori-
ty."  The authority shall be a body corporate and politic constituting a
public benefit corporation. The authority shall consist of  a  chairman,
sixteen  other  voting  members,  and  two non-voting and four alternate
non-voting members, as described in subparagraph two of  this  paragraph
appointed  by  the  governor  by  and with the advice and consent of the
senate. Any member appointed to a term commencing on or after June thir-
tieth, two thousand nine shall have experience in one  or  more  of  the
following areas: transportation, public administration, business manage-
ment,  finance,  accounting,  law,  engineering,  land  use,  urban  and
regional  planning,  management  of  large   capital   projects,   labor
relations,  or have experience in some other area of activity central to
the mission of the authority. Four of the sixteen voting  members  other
than  the  chairman  shall be appointed on the written recommendation of
the mayor of the city of New  York;  and  each  of  seven  other  voting
members  other than the chairman shall be appointed after selection from
a written list of three recommendations from the chief executive officer
of the county in which the  particular  member  is  required  to  reside
pursuant to the provisions of this subdivision. Of the members appointed
on  recommendation  of the chief executive officer of a county, one such
member shall be, at the time of appointment, a resident of the county of
Nassau, one a resident of the county of Suffolk, one a resident  of  the
county  of  Westchester, one a resident of the county of Dutchess, one a
resident of the county of Orange, one a resident of the county of Putnam
and one a resident of the county of Rockland, provided that the term  of
any  member  who  is  a resident of a county that has withdrawn from the
metropolitan commuter transportation district pursuant to section twelve
hundred seventy-nine-b of this [article] TITLE shall terminate upon  the
effective  date  of  such county's withdrawal from such district. Of the
five voting members, other than the chairman, appointed by the  governor

S. 6615                             8

without  recommendation  from  any  other person, three shall be, at the
time of appointment, residents of the city of New York and two shall be,
at the time of appointment, residents of such city  or  of  any  of  the
aforementioned  counties  in  the  metropolitan  commuter transportation
district.   PROVIDED HOWEVER, NOTWITHSTANDING  THE  FOREGOING  RESIDENCY
REQUIREMENT,  ONE  OF  THE FIVE VOTING MEMBERS APPOINTED BY THE GOVERNOR
WITHOUT RECOMMENDATION FROM ANY OTHER PERSON, OTHER THAN  THE  CHAIRMAN,
MAY  BE  THE  DIRECTOR OF THE NEW YORK STATE DIVISION OF THE BUDGET, AND
PROVIDED FURTHER THAT, IN THE EVENT  OF  SUCH  APPOINTMENT,  THE  BUDGET
DIRECTOR'S  MEMBERSHIP  IN THE AUTHORITY SHALL BE DEEMED EX-OFFICIO. The
chairman and each of the members shall be appointed for a  term  of  six
years,  provided  however, that the chairman first appointed shall serve
for a term ending June thirtieth, nineteen hundred eighty-one,  provided
that  thirty days after the effective date of the chapter of the laws of
two thousand nine which amended  this  subparagraph,  the  term  of  the
chairman shall expire; provided, further, that such chairman may contin-
ue  to  discharge  the duties of his or her office until the position of
chairman is filled by appointment by the governor upon  the  advice  and
consent  of the senate and the term of such new chairman shall terminate
June thirtieth, two thousand fifteen. The sixteen  other  members  first
appointed  shall  serve  for  the  following terms: The members from the
counties of Nassau and Westchester shall each serve for  a  term  ending
June thirtieth, nineteen hundred eighty-five; the members from the coun-
ty  of  Suffolk  and  from  the counties of Dutchess, Orange, Putnam and
Rockland shall each serve for a term  ending  June  thirtieth,  nineteen
hundred  ninety-two;  two  of the members appointed on recommendation of
the mayor of the city of New York shall each serve  for  a  term  ending
June  thirtieth,  nineteen hundred eighty-four and, two shall each serve
for a term ending June thirtieth, nineteen hundred  eighty-one;  two  of
the  members appointed by the governor without the recommendation of any
other person shall each serve for a term ending June thirtieth, nineteen
hundred eighty-two, two shall each serve for a term ending June  thirti-
eth,  nineteen hundred eighty and one shall serve for a term ending June
thirtieth, nineteen hundred eighty-five. The  two  non-voting  and  four
alternate  non-voting members shall serve until January first, two thou-
sand one. The members from the counties of Dutchess, Orange, Putnam  and
Rockland shall cast one collective vote.
  §  2.  Paragraph  (a)  of  subdivision 1 of section 1263 of the public
authorities law, as amended by section 4 of part H of chapter 25 of  the
laws of 2009, is amended to read as follows:
  (a)  There is hereby created the "metropolitan transportation authori-
ty." The authority shall be a body corporate and politic constituting  a
public  benefit  corporation.  The authority shall consist of a chairman
and sixteen other members appointed by the  governor  by  and  with  the
advice  and  consent  of  the  senate.  Any  member  appointed to a term
commencing on or after June thirtieth,  two  thousand  nine  shall  have
experience  in  one or more of the following areas of expertise:  trans-
portation, public administration, business management, finance, account-
ing, law, engineering, land use, urban and regional planning, management
of large capital projects, labor relations, or have experience  in  some
other  area of activity central to the mission of the authority. Four of
the sixteen members other than the chairman shall be  appointed  on  the
written recommendation of the mayor of the city of New York; and each of
seven  other  members  other  than the chairman shall be appointed after
selection from a written list of three recommendations  from  the  chief
executive  officer  of  the  county  in  which  the particular member is

S. 6615                             9

required to reside pursuant to the provisions of  this  subdivision.  Of
the  members  appointed on recommendation of the chief executive officer
of a county, one such member shall be, at the  time  of  appointment,  a
resident  of  the  county  of  Nassau;  one  a resident of the county of
Suffolk; one a resident of the county of Westchester; and one a resident
of the county of Dutchess, one a resident of the county of Orange, one a
resident of the county of Putnam and one a resident  of  the  county  of
Rockland,  provided  that  the term of any member who is a resident of a
county that has withdrawn from the metropolitan commuter  transportation
district  pursuant  to  section  twelve  hundred  seventy-nine-b of this
[article] TITLE shall terminate upon the effective date of such county's
withdrawal from such district. Of  the  five  members,  other  than  the
chairman,  appointed  by  the  governor  without recommendation from any
other person, three shall be, at the time of appointment,  residents  of
the city of New York and two shall be, at the time of appointment, resi-
dents  of  such  city  or  of  any of the aforementioned counties in the
metropolitan  commuter  transportation  district.    PROVIDED   HOWEVER,
NOTWITHSTANDING  THE  FOREGOING  RESIDENCY  REQUIREMENT, ONE OF THE FIVE
VOTING MEMBERS APPOINTED BY THE GOVERNOR WITHOUT RECOMMENDATION FROM ANY
OTHER PERSON, OTHER THAN THE CHAIRMAN, MAY BE THE DIRECTOR  OF  THE  NEW
YORK  STATE  DIVISION  OF  THE BUDGET, AND PROVIDED FURTHER THAT, IN THE
EVENT OF SUCH APPOINTMENT,  THE  BUDGET  DIRECTOR'S  MEMBERSHIP  IN  THE
AUTHORITY  SHALL  BE  DEEMED  EX-OFFICIO.  The  chairman and each of the
members shall be appointed for a term of six  years,  provided  however,
that  the  chairman  first  appointed shall serve for a term ending June
thirtieth, nineteen hundred eighty-one, provided that thirty days  after
the effective date of the chapter of the laws of two thousand nine which
amended this paragraph, the term of the chairman shall expire; provided,
further,  that such chairman may continue to discharge the duties of his
office until the position of chairman is filled by  appointment  by  the
governor  upon the advice and consent of the senate and the term of such
new chairman shall terminate June thirtieth, two thousand  fifteen.  The
sixteen  other  members  first  appointed  shall serve for the following
terms: The members from the counties of  Nassau  and  Westchester  shall
each  serve  for  a term ending June thirtieth, nineteen hundred eighty-
five; the members from the county of Suffolk and from  the  counties  of
Dutchess, Orange, Putnam and Rockland shall each serve for a term ending
June   thirtieth,  nineteen  hundred  ninety-two;  two  of  the  members
appointed on recommendation of the mayor of the city of New  York  shall
each  serve  for  a term ending June thirtieth, nineteen hundred eighty-
four and, two shall each serve for a term ending June  thirtieth,  nine-
teen  hundred  eighty-one;  two of the members appointed by the governor
without the recommendation of any other person shall each  serve  for  a
term  ending June thirtieth, nineteen hundred eighty-two, two shall each
serve for a term ending June thirtieth, nineteen hundred eighty and  one
shall  serve  for a term ending June thirtieth, nineteen hundred eighty-
five. The members from the counties  of  Dutchess,  Orange,  Putnam  and
Rockland shall cast one collective vote.
  §  3. This act shall take effect immediately, provided that the amend-
ments to paragraph (a) of subdivision 1 of section 1263  of  the  public
authorities  law made by section one of this act shall be subject to the
expiration and reversion of such paragraph  pursuant  to  section  3  of
chapter  549  of  the  laws of 1994, as amended, when upon such date the
provisions of section two of this act shall take effect.

                                 PART F

S. 6615                            10

                          Intentionally Omitted

                                 PART G

  Section  1. Paragraph (c) of subdivision 16 of section 425 of the real
property tax law, as amended by section 5 of part A of chapter 73 of the
laws of 2016, is amended to read as follows:
  (c) If the owners of a parcel that is  receiving  the  STAR  exemption
authorized  by this section want to claim the personal income tax credit
authorized by subsection (eee) of section six hundred six of the tax law
in lieu of such exemption, they [all must] MAY DO SO BY SWITCHING TO THE
CREDIT IN THE MANNER PROVIDED BY SUBDIVISION SEVENTEEN OF THIS  SECTION.
ALTERNATIVELY,  THEY  MAY  renounce that exemption AND MAKE ANY REQUIRED
PAYMENTS in the manner provided by section four  hundred  ninety-six  of
this  chapter[, and must pay any required taxes, interest and penalties,
on or before December thirty-first of the taxable year  for  which  they
want to claim the credit]. Any such SWITCH TO THE CREDIT OR renunciation
shall be irrevocable.
  §  2.  Section 425 of the real property tax law is amended by adding a
new subdivision 17 to read as follows:
  17. SWITCHING TO THE STAR CREDIT. (A) THE COMMISSIONER  SHALL  DEVELOP
PROCEDURES  TO  ENABLE PROPERTY OWNERS TO SWITCH FROM THE STAR EXEMPTION
TO THE STAR CREDIT IN AS SIMPLE AND EXPEDITIOUS A MANNER AS PRACTICABLE.
  (B) SUCH PROCEDURES MAY ALLOW STAR EXEMPTION RECIPIENTS TO  SWITCH  TO
THE  STAR  CREDIT IN THE COURSE OF APPLYING FOR THE STAR CREDIT. WHEN AN
APPLICANT DOES SO, THE COMMISSIONER SHALL ADVISE THE APPROPRIATE  ASSES-
SOR  AS  SOON  AS  PRACTICABLE  THAT SUCH INDIVIDUAL IS SWITCHING OR HAS
SWITCHED TO THE STAR CREDIT, THAT NO  FURTHER  STAR  EXEMPTIONS  MAY  BE
GRANTED  TO  THE PROPERTY IN QUESTION AFTER THE SWITCH TAKES EFFECT, AND
IF APPROPRIATE, THAT THE PROPERTY'S STAR  EXEMPTION  SHOULD  BE  REMOVED
FROM  THE  MOST  RECENTLY  FILED  ASSESSMENT ROLL AND/OR THE FORTHCOMING
ASSESSMENT ROLL.  THE ASSESSOR OR OTHER PARTY HAVING CUSTODY AND CONTROL
OF THE ASSESSMENT ROLL SHALL THEREUPON BE  AUTHORIZED  AND  DIRECTED  TO
PROCEED ACCORDINGLY.
  (C)  SUCH  PROCEDURES  MAY  ALSO  SET  FORTH INSTANCES UNDER WHICH THE
COMMISSIONER MAY DIRECT SUCH A SWITCH TO THE STAR CREDIT TO BE  DEFERRED
FOR  ONE  YEAR,  WITH THE RESULTING DIFFERENTIAL, IF ANY, TO BE ADDED TO
THE APPLICANT'S INITIAL STAR CREDIT. AS USED IN  THIS  SUBDIVISION,  THE
TERM  "RESULTING DIFFERENTIAL" MEANS THE AMOUNT BY WHICH THE STAR CREDIT
THAT THE APPLICANT DID NOT RECEIVE DUE TO THE  DEFERRAL  OF  THE  SWITCH
EXCEEDS  THE  STAR  EXEMPTION TAX SAVINGS THAT THE APPLICANT DID RECEIVE
DUE TO THE DEFERRAL OF THE  SWITCH.  THE  COMMISSIONER  IS  SPECIFICALLY
AUTHORIZED TO DIRECT A SWITCH TO THE STAR CREDIT TO BE SO DEFERRED UNDER
THE FOLLOWING CIRCUMSTANCES:
  (I)  A  STAR  CREDIT SWITCH MAY BE DEFERRED IF THE APPLICATION FOR THE
CREDIT IS SUBMITTED AFTER A CUTOFF DATE SET BY  THE  COMMISSIONER.  WHEN
SETTING A CUTOFF DATE, THE COMMISSIONER SHALL TAKE INTO ACCOUNT THE TIME
REQUIRED  TO  ENSURE  THAT THE STAR EXEMPTIONS OF ALL STAR CREDIT APPLI-
CANTS IN THE ASSESSING UNIT WILL BE REMOVED BEFORE SCHOOL TAX BILLS  ARE
PREPARED.  THE  COMMISSIONER  SHALL  SPECIFY THE APPLICABLE CUTOFF DATES
AFTER TAKING INTO ACCOUNT  LOCAL  ASSESSMENT  CALENDARS,  PROVIDED  THAT
DIFFERENT  CUTOFF  DATES  MAY  BE  SET FOR MUNICIPALITIES WITH DIFFERENT
ASSESSMENT CALENDARS, AND PROVIDED FURTHER THAT ANY SUCH CUTOFF DATE MAY
BE NO EARLIER THAN THE FIFTEENTH DAY PRIOR TO  THE  DATE  ON  WHICH  THE
APPLICABLE  FINAL ASSESSMENT ROLL IS REQUIRED BY LAW TO BE COMPLETED AND
FILED.

S. 6615                            11

  (II) A STAR CREDIT SWITCH  MAY  BE  DEFERRED  IF  THE  APPLICATION  IS
SUBMITTED  AFTER  SCHOOL  TAX  BILLS  HAVE BEEN PREPARED, BUT BEFORE THE
FIRST DAY OF JANUARY OF THE FOLLOWING YEAR, OR SUCH LATER  DATE  AS  THE
COMMISSIONER SHALL ESTABLISH.
  (III)  A  STAR  CREDIT  SWITCH MAY BE DEFERRED IF THE APPLICANT'S STAR
EXEMPTION IS NOT REMOVED FROM THE APPLICABLE ASSESSMENT ROLL IN A TIMELY
MANNER DUE TO INADVERTENCE OR OTHER REASONS.
  (D) SUCH PROCEDURES MAY ALSO PROVIDE THAT BASIC STAR EXEMPTION RECIPI-
ENTS WHOSE INCOMES EXCEEDS THE LIMIT APPLICABLE TO THAT EXEMPTION MAY BE
AUTOMATICALLY ENROLLED IN AND SWITCHED TO THE BASIC STAR CREDIT IF THEIR
INCOMES DO NOT EXCEED THE LIMIT APPLICABLE TO THAT CREDIT. EACH AFFECTED
INDIVIDUAL SHALL BE NOTIFIED OF THE SWITCH AS SOON AS PRACTICABLE.  EACH
SUCH NOTICE SHALL ALSO ADVISE THE INDIVIDUAL EITHER THAT THE COMMISSION-
ER HAS DETERMINED THAT THE INDIVIDUAL IS ELIGIBLE  FOR  THE  CREDIT,  OR
THAT  THE  INDIVIDUAL  MUST FURNISH ADDITIONAL INFORMATION TO ENABLE THE
COMMISSIONER TO DETERMINE THE INDIVIDUAL'S ELIGIBILITY, AS THE CASE  MAY
BE. IN EITHER CASE, ONCE THE INDIVIDUAL RECEIVES A STAR CREDIT CHECK AND
DEPOSITS  OR ENDORSES IT, HE OR SHE SHALL BE DEEMED TO HAVE CONSENTED TO
THE SWITCH AND SHALL NOT BE PERMITTED TO SWITCH BACK TO THE EXEMPTION.
  § 3. Subdivision 1 of section 510-a of the real property tax  law,  as
amended  by  chapter  386  of  the  laws  of 2003, is amended to read as
follows:
  1. Notwithstanding the provisions of any general, special or local law
to the contrary, the assessors in towns, counties,  and  cities,  having
power  to  determine  the  taxable  status  of property for tax purposes
shall, not later than ten days prior to the date for hearing  complaints
in  relation to assessments, or in the case of the city of New York, not
later than thirty days prior to the final date  for  filing  an  appeal,
mail to each owner of such real property in their town, city or county a
notice of change which said assessors have made in the taxable status of
such  property  from the status of (a) wholly exempt to taxable in whole
or in part or (b) taxable in part to taxable in whole. Such notice shall
include a statement of the date or dates and times at which the board of
assessment review shall meet to hear complaints with respect to  assess-
ments.  PROVIDED,  HOWEVER, THAT NO SUCH NOTICE SHALL BE REQUIRED WHEN A
STAR EXEMPTION HAS BEEN REMOVED UPON THE REQUEST OF THE  PROPERTY  OWNER
OR AT THE DIRECTION OF THE COMMISSIONER.
  § 4. Paragraph 5 of subsection (eee) of section 606 of the tax law, as
amended  by  section  4 of part TT of chapter 59 of the laws of 2019, is
amended to read as follows:
  (5) Disqualification. A taxpayer shall  not  qualify  for  the  credit
authorized  by  this subsection if the parcel that serves as the taxpay-
er's primary residence received the STAR  exemption  on  the  assessment
roll  upon  which  school  district taxes for the associated fiscal year
were levied. Provided,  however,  that  the  taxpayer  may  remove  this
disqualification  by  SWITCHING  TO THE CREDIT IN THE MANNER PROVIDED BY
SUBDIVISION SEVENTEEN OF SECTION FOUR HUNDRED TWENTY-FIVE  OF  THE  REAL
PROPERTY  TAX LAW. ALTERNATIVELY, THE TAXPAYER MAY REMOVE THIS DISQUALI-
FICATION BY renouncing the exemption [by December  thirty-first  of  the
taxable year, as provided by subdivision sixteen of section four hundred
twenty-five  of  the  real  property  tax  law,] and making any required
payments [within the time frame prescribed] IN THE  MANNER  PROVIDED  by
section  four  hundred ninety-six of the real property tax law. ANY SUCH
SWITCH TO THE CREDIT OR RENUNCIATION SHALL BE IRREVOCABLE.
  § 5. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2019.

S. 6615                            12

                                 PART H

  Section 1. This act enacts into law components of legislation relating
to film and entertainment industry tax credits. Each component is wholly
contained  within  a  Subpart  identified  as  Subparts A through B. The
effective date for  each  particular  provision  contained  within  such
Subpart  is set forth in the last section of such Subpart. Any provision
in any section contained within a Subpart, including the effective  date
of the Subpart, which makes a reference to a section "of this act", when
used  in  connection  with that particular component, shall be deemed to
mean and refer to the corresponding section of the Subpart in  which  it
is  found.  Section  three  of this act sets forth the general effective
date of this act.

                                SUBPART A

  Section 1. The state finance law is amended by adding  a  new  section
97-ff to read as follows:
  § 97-FF. EMPIRE STATE ENTERTAINMENT DIVERSITY JOB TRAINING DEVELOPMENT
FUND.  1.    THERE  IS  HEREBY  ESTABLISHED  IN THE JOINT CUSTODY OF THE
COMMISSIONER OF TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND
TO BE KNOWN AS THE EMPIRE STATE  ENTERTAINMENT  DIVERSITY  JOB  TRAINING
DEVELOPMENT FUND.
  2. SUCH FUND SHALL CONSIST OF THE FUNDS TRANSFERRED BY THE COMPTROLLER
TO  THE  FUND FROM THE GENERAL FUND WITHOUT APPROPRIATION, AS DETERMINED
UNDER SUBDIVISION (F) OF SECTION  TWENTY-FOUR  AND  SUBDIVISION  (E)  OF
SECTION  THIRTY-ONE  OF  THE  TAX  LAW.   NOTHING CONTAINED HEREIN SHALL
PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS, OR BEQUESTS FOR THE FUND
AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
  3. MONIES IN THE FUND SHALL BE EXPENDED  ONLY  FOR  JOB  CREATION  AND
TRAINING  PROGRAMS  APPROVED BY THE COMMISSIONER OF ECONOMIC DEVELOPMENT
THAT SUPPORT EFFORTS TO RECRUIT,  HIRE,  PROMOTE,  RETAIN,  DEVELOP  AND
TRAIN  A DIVERSE AND INCLUSIVE WORKFORCE AS PRODUCTION COMPANY EMPLOYEES
IN THE MOTION PICTURE AND TELEVISION INDUSTRY WITHIN THE  STATE  OF  NEW
YORK INCLUDING, BUT NOT LIMITED TO, THOSE PROGRAMS THAT PROMOTE DEVELOP-
MENT  IN ECONOMICALLY DISTRESSED AREAS OF THE STATE. THE COMMISSIONER OF
ECONOMIC DEVELOPMENT SHALL PROMULGATE REGULATIONS THAT SET  FORTH  RELE-
VANT  DEFINITIONS,  MINIMUM  STANDARDS  AND  CRITERIA  FOR SUCH FUND AND
ELIGIBLE TRAINING PROGRAMS.
  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 ECONOMIC DEVELOPMENT.
  § 2. Section 24 of the tax law is amended by adding a new  subdivision
(f) to read as follows:
  (F)  (1)  WITH REGARD TO CERTIFICATES OF TAX CREDIT ISSUED ON OR AFTER
JANUARY FIRST, TWO THOUSAND TWENTY, THE COMMISSIONER OF ECONOMIC  DEVEL-
OPMENT  SHALL  REDUCE BY ONE-QUARTER OF ONE PERCENT THE AMOUNT OF CREDIT
ALLOWED TO A TAXPAYER AND THIS REDUCED AMOUNT SHALL  BE  REPORTED  ON  A
CERTIFICATE  OF TAX CREDIT ISSUED PURSUANT TO THIS SECTION AND THE REGU-
LATIONS PROMULGATED BY  THE  COMMISSIONER  OF  ECONOMIC  DEVELOPMENT  TO
IMPLEMENT THIS CREDIT PROGRAM.
  (2) BY JANUARY THIRTY-FIRST OF EACH YEAR, THE COMMISSIONER OF ECONOMIC
DEVELOPMENT  SHALL  REPORT  TO  THE COMPTROLLER THE TOTAL AMOUNT OF SUCH
REDUCTIONS OF TAX CREDIT DURING THE IMMEDIATELY PRECEDING CALENDAR YEAR.
ON OR BEFORE MARCH THIRTY-FIRST OF  EACH  YEAR,  THE  COMPTROLLER  SHALL
TRANSFER  WITHOUT  APPROPRIATIONS  FROM  THE  GENERAL FUND TO THE EMPIRE

S. 6615                            13

STATE ENTERTAINMENT DIVERSITY JOB TRAINING DEVELOPMENT FUND  ESTABLISHED
UNDER  SECTION  NINETY-SEVEN-FF OF THE STATE FINANCE LAW AN AMOUNT EQUAL
TO THE TOTAL AMOUNT OF SUCH REDUCTIONS REPORTED BY THE  COMMISSIONER  OF
ECONOMIC DEVELOPMENT FOR THE IMMEDIATELY PRECEDING CALENDAR YEAR.
  (3)  NOTWITHSTANDING  PARAGRAPH TWO OF THIS SUBDIVISION, THE FOLLOWING
PROVISIONS SHALL APPLY WITH RESPECT TO REDUCTIONS OF TAX CREDIT  IN  TWO
THOUSAND  TWENTY.  (I)  THE  COMMISSIONER  OF ECONOMIC DEVELOPMENT SHALL
REPORT TO THE COMPTROLLER BY JUNE FIRST, TWO THOUSAND TWENTY  THE  TOTAL
AMOUNT  OF  SUCH  REDUCTIONS  OF TAX CREDIT DURING THE PERIOD OF JANUARY
FIRST, TWO THOUSAND TWENTY THROUGH MAY FIFTEENTH, TWO  THOUSAND  TWENTY.
ON  OR  BEFORE  JULY  FIRST,  TWO THOUSAND TWENTY, THE COMPTROLLER SHALL
TRANSFER WITHOUT APPROPRIATIONS FROM THE  GENERAL  FUND  TO  THE  EMPIRE
STATE  ENTERTAINMENT  DIVERSITY  JOB TRAINING DEVELOPMENT FUND AN AMOUNT
EQUAL TO THE TOTAL AMOUNT OF SUCH REDUCTIONS REPORTED BY THE COMMISSION-
ER OF ECONOMIC DEVELOPMENT FOR THE PERIOD OF JANUARY FIRST, TWO THOUSAND
TWENTY THROUGH MAY FIFTEENTH, TWO THOUSAND TWENTY. (II) BY JANUARY THIR-
TY-FIRST, TWO THOUSAND TWENTY-ONE, THE COMMISSIONER OF ECONOMIC DEVELOP-
MENT SHALL REPORT TO THE COMPTROLLER THE TOTAL AMOUNT OF SUCH REDUCTIONS
OF TAX CREDIT DURING THE PERIOD OF MAY SIXTEENTH,  TWO  THOUSAND  TWENTY
THROUGH  DECEMBER  THIRTY-FIRST, TWO THOUSAND TWENTY. ON OR BEFORE MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, THE  COMPTROLLER  SHALL  TRANSFER
WITHOUT  APPROPRIATIONS FROM THE GENERAL FUND TO THE EMPIRE STATE ENTER-
TAINMENT DIVERSITY JOB TRAINING DEVELOPMENT FUND AN AMOUNT EQUAL TO  THE
TOTAL AMOUNT OF SUCH REDUCTIONS REPORTED BY THE COMMISSIONER OF ECONOMIC
DEVELOPMENT FOR THE PERIOD OF MAY SIXTEENTH, TWO THOUSAND TWENTY THROUGH
DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY.
  §  3.  Section  31 of the tax law, as added by section 12 of part Q of
chapter 57 of the laws of 2010, is amended by adding a  new  subdivision
(e) to read as follows:
  (E) WITH REGARD TO CERTIFICATES OF TAX CREDIT ISSUED ON OR AFTER JANU-
ARY FIRST, TWO THOUSAND TWENTY, THE COMMISSIONER OF ECONOMIC DEVELOPMENT
SHALL  REDUCE BY ONE-QUARTER OF ONE PERCENT THE AMOUNT OF CREDIT ALLOWED
TO A TAXPAYER AND THIS REDUCED AMOUNT SHALL BE REPORTED ON A CERTIFICATE
OF TAX CREDIT ISSUED  PURSUANT  TO  THIS  SECTION  AND  THE  REGULATIONS
PROMULGATED  BY  THE  COMMISSIONER  OF ECONOMIC DEVELOPMENT TO IMPLEMENT
THIS CREDIT PROGRAM. SUCH REDUCTIONS IN TAX CREDIT  SHALL  BE  DEPOSITED
INTO  THE  EMPIRE STATE ENTERTAINMENT DIVERSITY JOB TRAINING DEVELOPMENT
FUND AS PROVIDED IN SUBDIVISION (F) OF SECTION TWENTY-FOUR OF THIS ARTI-
CLE.
  § 4. This act shall take effect immediately.

                                SUBPART B

  Section 1. Paragraph 5 of subdivision (b) of section  24  of  the  tax
law,  as  amended  by  section  8 of part Q of chapter 57 of the laws of
2010, is amended to read as follows:
  (5) "Qualified film production facility" shall mean a film  production
facility  in the state, which contains at least one sound stage having a
minimum of seven thousand square feet of  contiguous  production  space,
provided,  however,  that  except  with  respect  to  a  qualified  film
production  facility  being  used  by  a  qualified   independent   film
production  company:  (i)  a film production facility in the city of New
York must contain at least one sound stage having  a  minimum  of  seven
thousand  square feet of contiguous production space that is sound proof
with a Noise Criteria ("NC") of 30 or better, has sufficient heating and
air conditioning for shooting without the need for  supplemental  units,

S. 6615                            14

incorporates  a  permanent grid and sufficient built-in electric service
for shooting without the need for generators, and is column-free with  a
clear  height  of  at  least  sixteen  feet under the permanent grid FOR
FACILITIES CONSTRUCTED ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN,
AND  AT  LEAST  TWELVE  FEET  UNDER  THE  PERMANENT  GRID FOR FACILITIES
CONSTRUCTED BEFORE JANUARY FIRST, TWO THOUSAND  NINETEEN;  and  (ii)  an
armory owned by the state or city of New York located in the city of New
York  that  does  not  satisfy  the criteria of subparagraph (i) of this
paragraph shall be treated as a qualified film production facility  upon
certification  by the governor's office of motion picture and television
development of a petition submitted to that office by a  qualified  film
production company establishing that no qualified film production facil-
ity  is available in the city of New York that has stage space available
for shooting such company's film. Such petition shall  be  submitted  no
later  than  ninety days prior to the start of principal photography for
the qualified film and the governor's office of motion picture and tele-
vision development shall have ten days to certify or  reject  the  peti-
tion.  A stage will be deemed unavailable if consideration has been paid
for its use or such stage is currently under an agreement with an option
for use and, in either circumstance, such period  of  use  includes  the
petitioner's estimated start date of principal photography.
  §  2.  This  act  shall  take effect immediately and apply to property
placed in service, and uses of  tangible  property  and  performance  of
services at qualified film production facilities on and after January 1,
2019.
  § 2. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of  all  further  judicial  review,  the
judgment  shall not affect, impair, or invalidate the remainder thereof,
but shall be confined in its operation to the  clause,  sentence,  para-
graph,  section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
  § 3. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Subparts A through B of this act shall
be as specifically set forth in the last section of such Subparts.

                                 PART I

  Section 1. Paragraph (b) of subdivision 6-a of section 208 of the  tax
law,  as  amended  by  section 1 of part KK of chapter 59 of the laws of
2018, is amended to read as follows:
  (b) "Exempt CFC income" means (i) except to the  extent  described  in
subparagraph  (ii) of this paragraph, the income required to be included
in the taxpayer's federal gross income pursuant  to  subsection  (a)  of
section  951  of  the internal revenue code, received from a corporation
that is conducting a unitary business  with  the  taxpayer  but  is  not
included  in a combined report with the taxpayer, [and] (ii) such income
required to be included in the taxpayer's federal gross income  pursuant
to  subsection  (a)  of such section 951 of the internal revenue code by
reason of subsection (a) of section 965 of the internal revenue code, as
adjusted by subsection (b) of section 965 of the internal revenue  code,
and  without  regard  to subsection (c) of such section, received from a
corporation that is not included in a combined report with the taxpayer,
AND (III) NINETY-FIVE PERCENT OF THE INCOME REQUIRED TO BE  INCLUDED  IN
THE  TAXPAYER'S  FEDERAL  GROSS  INCOME  PURSUANT  TO  SUBSECTION (A) OF
SECTION 951A OF  THE  INTERNAL  REVENUE  CODE,  WITHOUT  REGARD  TO  THE

S. 6615                            15

DEDUCTION  UNDER SECTION 250 OF THE INTERNAL REVENUE CODE, RECEIVED FROM
A CORPORATION THAT IS NOT INCLUDED IN A COMBINED REPORT WITH THE TAXPAY-
ER, less, [(iii)] (IV) in the discretion of the commissioner, any inter-
est  deductions  directly  or indirectly attributable to that income. In
lieu of subtracting from its exempt  CFC  income  the  amount  of  those
interest  deductions,  the  taxpayer  may  make  a revocable election to
reduce its total exempt CFC income by forty  percent.  If  the  taxpayer
makes  this election, the taxpayer must also make the elections provided
for in paragraph (b) of subdivision six of this  section  and  paragraph
(c)  of  this  subdivision.  If  the  taxpayer subsequently revokes this
election, the taxpayer must revoke the elections provided for  in  para-
graph  (b)  of subdivision six of this section and paragraph (c) of this
subdivision. A taxpayer which does not make this election because it has
no exempt CFC income will not  be  precluded  from  making  those  other
elections. The income described in [subparagraph] SUBPARAGRAPHS (ii) AND
(III)  of  this  paragraph  shall not constitute investment income.  THE
INCOME DESCRIBED IN SUBPARAGRAPH  (III)  OF  THIS  PARAGRAPH  SHALL  NOT
CONSTITUTE EXEMPT UNITARY CORPORATION DIVIDENDS.
  §  2.  Paragraph (b) of subdivision 9 of section 208 of the tax law is
amended by adding a new subparagraph 25 to read as follows:
  (25) THE AMOUNT OF ANY FEDERAL DEDUCTION ALLOWED PURSUANT  TO  SECTION
250(A)(1)(B)(I) OF THE INTERNAL REVENUE CODE.
  §  3.  Subdivision  5-a  of  section 210-A of the tax law, as added by
section 1 of part C of chapter 59 of the laws of  2019,  is  amended  to
read as follows:
  5-a.  [Net  global]  GLOBAL  intangible low-taxed income. (A) Notwith-
standing any other provision of this section,  [net]  global  intangible
low-taxed  income  shall  be  included  in the apportionment fraction as
provided in this subdivision. [Receipts constituting net]
  (B) FOR NEW YORK C CORPORATIONS, global  intangible  low-taxed  income
shall  not  be  included in the numerator of the apportionment fraction.
[Receipts constituting net] FIVE PERCENT of global intangible  low-taxed
income  shall  be included in the denominator of the apportionment frac-
tion.
  (C) FOR NEW YORK S CORPORATIONS, GLOBAL  INTANGIBLE  LOW-TAXED  INCOME
SHALL  NOT  BE  INCLUDED IN THE NUMERATOR OF THE APPORTIONMENT FRACTION.
GLOBAL INTANGIBLE LOW-TAXED INCOME SHALL BE INCLUDED IN THE  DENOMINATOR
OF THE APPORTIONMENT FRACTION.
  (D)  For purposes of this subdivision, the term "[net] global intangi-
ble low-taxed income" means the amount required to be  included  in  the
taxpayer's  federal  gross  income pursuant to subsection (a) of section
951A of the internal revenue code [less  the  amount  of  the  deduction
allowed under clause (i) of section 250(a)(1)(B) of such code].
  §  4. Paragraph 1 of subdivision (b) of section 1503 of the tax law is
amended by adding two new subparagraphs (U) and (V) to read as follows:
  (U) TO THE EXTENT NOT EXCLUDED FROM INCOME  PURSUANT  TO  SUBPARAGRAPH
(A)  OF THIS PARAGRAPH, NINETY-FIVE PERCENT OF THE INCOME REQUIRED TO BE
INCLUDED IN THE TAXPAYER'S FEDERAL GROSS INCOME PURSUANT  TO  SUBSECTION
(A)  OF SECTION 951A OF THE INTERNAL REVENUE CODE, WITHOUT REGARD TO THE
DEDUCTION UNDER SECTION 250 OF THE INTERNAL REVENUE CODE, THAT IS GENER-
ATED BY A CORPORATION THAT IS NOT INCLUDED IN A COMBINED REPORT WITH THE
TAXPAYER.
  (V) TO THE EXTENT NOT EXCLUDED FROM INCOME  PURSUANT  TO  SUBPARAGRAPH
(A)  OR (B) OF THIS PARAGRAPH, ANY AMOUNT TREATED AS A DIVIDEND RECEIVED
BY THE TAXPAYER UNDER SECTION 78 OF THE INTERNAL REVENUE  CODE  THAT  IS
ATTRIBUTABLE  TO  THE  INCOME  REQUIRED TO BE INCLUDED IN THE TAXPAYER'S

S. 6615                            16

FEDERAL GROSS INCOME PURSUANT TO SUBSECTION (A) OF SECTION 951A OF  SUCH
CODE.
  §  5. Paragraph 2 of subdivision (b) of section 1503 of the tax law is
amended by adding a new subparagraph (Y) to read as follows:
  (Y) THE AMOUNT OF THE FEDERAL DEDUCTION ALLOWED  PURSUANT  TO  SECTION
250(A)(1)(B) OF THE INTERNAL REVENUE CODE.
  §  6.  Subparagraph  (H)  of paragraph 2 of subdivision (b) of section
1503 of the tax law, as amended by section 4-e of part KK of chapter  59
of the laws of 2018, is amended to read as follows:
  (H)  in  the  discretion  of  the commissioner, any amount of interest
directly or indirectly and any other amount directly attributable  as  a
carrying  charge  or otherwise to subsidiary capital or to income, gains
or losses from  subsidiary  capital,  or  to  the  income  described  in
[subparagraph]  SUBPARAGRAPHS  (S), (U) AND (V) of paragraph one of this
subdivision;
  § 7. This act shall take effect immediately and apply to taxable years
beginning on or after January 1, 2019.

                                 PART J

  Section 1. Subparagraph (iv) of paragraph  8  of  subdivision  (b)  of
section 1101 of the tax law, as added by chapter 61 of the laws of 1989,
is amended to read as follows:
  (iv) For purposes of clause (E) of subparagraph (i) of this paragraph,
a  person shall be presumed to be regularly or systematically soliciting
business in this state if, for the immediately preceding four  quarterly
periods  ending  on  the last day of February, May, August and November,
the cumulative total of such person's gross receipts from sales of prop-
erty delivered in this  state  exceeds  [three]  FIVE  hundred  thousand
dollars  and  such  person  made more than one hundred sales of property
delivered in this state, unless such  person  can  demonstrate,  to  the
satisfaction  of the commissioner, that he cannot reasonably be expected
to have gross receipts  in  excess  of  [three]  FIVE  hundred  thousand
dollars  or  more  than  one hundred sales of property delivered in this
state for the next succeeding four quarterly periods ending on the  last
day of February, May, August and November.
  § 2. Paragraph 1 of subdivision (e) of section 1101 of the tax law, as
added  by  section  1  of  part  G of chapter 59 of the laws of 2019, is
amended to read as follows:
  (1) Marketplace provider. A person who, pursuant to an agreement  with
a marketplace seller, facilitates sales of tangible personal property by
such  marketplace  seller  or  sellers.  A person "facilitates a sale of
tangible personal property" for purposes  of  this  paragraph  when  the
person  meets both of the following conditions: (A) such person provides
the forum in which, or by means of which, the sale takes  place  or  the
offer  of sale is accepted, including a shop, store, or booth, an inter-
net website, catalog, or similar forum; and (B) such person or an affil-
iate of such person collects the  receipts  paid  by  a  customer  to  a
marketplace  seller  for  a  sale  of  tangible  personal  property,  or
contracts with a third party to collect such receipts. For  purposes  of
this paragraph, a "sale of tangible personal property" shall not include
the  rental  of  a  passenger car as described in section eleven hundred
sixty of this chapter but shall include a lease described in subdivision
(i) of section eleven hundred eleven of this article.  For  purposes  of
this  paragraph,  persons  are affiliated if one person has an ownership
interest of more than five  percent,  whether  direct  or  indirect,  in

S. 6615                            17

another,  or  where  an  ownership  interest  of more than five percent,
whether direct or indirect, is held in each of such persons  by  another
person  or  by a group of other persons that are affiliated persons with
respect  to  each  other.  Notwithstanding anything in this paragraph, a
person who is  not  otherwise  registered  pursuant  to  section  eleven
hundred  thirty  four  of  this article is not a marketplace provider if
such person has no physical presence in New York and, for the immediate-
ly preceding four quarterly periods ending on the last day of  February,
May,  August  and  November,  can  show  that the cumulative total gross
receipts of sales it has made or facilitated of  property  delivered  in
this state does not exceed [three] FIVE hundred thousand dollars or that
such  person  has not made or facilitated more than one hundred sales of
property delivered in this state. However,  such  person  may  elect  to
register  as  a  marketplace  provider,  and,  once  registered, will be
subject to the provisions of this article.
  § 3. Any person who is a vendor solely by  reason  of  clause  (E)  of
subparagraph  (i)  of paragraph (8) of subdivision (b) of section eleven
hundred one of the tax law, is registered to collect New York state  and
local  sales  and  use  taxes,  and in good faith collected and remitted
sales tax at the incorrect local rate, imposed pursuant to the authority
of article 29 of the tax law, shall be liable for the  additional  sales
tax  due  at such local rate but shall not be liable for any interest or
penalties on such uncollected sales tax.
  Such relief from interest and penalties shall apply only to sales made
by such person in the  immediately  succeeding  four  quarterly  periods
ending  in  February,  May, August and November, after the date on which
such person becomes a "person required to collect  tax"  as  defined  in
subdivision (1) of section 1131 of the tax law.
  §  4.  This  act  shall  take  effect  immediately;  provided however,
sections one and three of this act shall be deemed to have been in  full
force  and effect on and after June 21, 2018 and section two of this act
shall be deemed to have been in full force and effect on and after  June
1, 2019.

                                 PART K

  Section 1. Subdivision (b) of section 11 of chapter 329 of the laws of
1991,  amending  the  state  finance  law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 30 of part TTT of chapter 59 of the laws of 2019, is  amended
to read as follows:
  (b) Any service contract or contracts for projects authorized pursuant
to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
(a) of this section, shall provide  for  state  commitments  to  provide
annually  to  the  thruway  authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to  fund  or  to  reimburse  the
state  for  funding  such  projects  having  a cost not in excess of ten
billion [seven hundred thirty-nine million  four  hundred  seventy-eight
thousand  dollars  $10,739,478,000]  EIGHT  HUNDRED  FIVE  MILLION SEVEN
HUNDRED SEVENTY-EIGHT THOUSAND DOLLARS $10,805,778,000  cumulatively  by
the end of fiscal year 2019-20.

S. 6615                            18

  § 2. Subdivision 1 of section 1689-i of the public authorities law, as
amended  by section 31 of part TTT of chapter 59 of the laws of 2019, is
amended to read as follows:
  1.  The  dormitory  authority  is  authorized  to  issue bonds, at the
request of the commissioner of education, to  finance  eligible  library
construction projects pursuant to section two hundred seventy-three-a of
the  education  law,  in  amounts  certified by such commissioner not to
exceed a total principal amount of two  hundred  [thirty-one]  FIFTY-ONE
million dollars [$231,000,000] $251,000,000.
  §  3.  Section  44  of  section  1 of chapter 174 of the laws of 1968,
constituting the New York state urban development  corporation  act,  as
amended  by section 33 of part TTT of chapter 59 of the laws of 2019, is
amended to read as follows:
  § 44. Issuance of certain  bonds  or  notes.  1.  Notwithstanding  the
provisions of any other law to the contrary, the dormitory authority and
the  corporation are hereby authorized to issue bonds or notes in one or
more series for the purpose of funding project costs  for  the  regional
economic  development  council  initiative,  the economic transformation
program, state university of New York college for nanoscale and  science
engineering,  projects  within  the city of Buffalo or surrounding envi-
rons, the New York works economic development  fund,  projects  for  the
retention of professional football in western New York, the empire state
economic  development  fund,  the  clarkson-trudeau partnership, the New
York genome center, the cornell university college of  veterinary  medi-
cine,  the  olympic  regional  development  authority,  projects at nano
Utica, onondaga county revitalization  projects,  Binghamton  university
school of pharmacy, New York power electronics manufacturing consortium,
regional  infrastructure  projects,  high  tech  innovation and economic
development  infrastructure  program,  high   technology   manufacturing
projects in Chautauqua and Erie county, an industrial scale research and
development  facility  in  Clinton county, upstate revitalization initi-
ative projects, downstate revitalization  initiative,  market  New  York
projects,  fairground  buildings,  equipment or facilities used to house
and promote agriculture, the state fair, the  empire  state  trail,  the
moynihan  station  development  project, the Kingsbridge armory project,
strategic economic development projects, the cultural, arts  and  public
spaces  fund,  water  infrastructure  in  the city of Auburn and town of
Owasco, a life sciences laboratory public  health  initiative,  not-for-
profit  pounds, shelters and humane societies, arts and cultural facili-
ties improvement program, restore  New  York's  communities  initiative,
heavy  equipment,  economic  development  and  infrastructure  projects,
Roosevelt Island operating corporation capital  projects,  LAKE  ONTARIO
REGIONAL  PROJECTS,  PENNSYLVANIA STATION AND OTHER TRANSIT PROJECTS and
other state costs associated with such projects. The aggregate principal
amount of bonds authorized to be issued pursuant to this  section  shall
not  exceed nine billion [two] EIGHT hundred [eleven] TWENTY-ONE million
six hundred thirty-six thousand dollars [$9,211,636,000] $9,821,636,000,
excluding bonds issued to fund one or more debt service  reserve  funds,
to  pay  costs  of  issuance of such bonds, and bonds or notes issued to
refund or otherwise repay such bonds or notes  previously  issued.  Such
bonds and notes of the dormitory authority and the corporation shall not
be  a  debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated  by
the  state to the dormitory authority and the corporation for principal,
interest, and related expenses pursuant to a service contract  and  such
bonds  and  notes  shall contain on the face thereof a statement to such

S. 6615                            19

effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be  used  to  pay
debt service on such bonds.
  2.  Notwithstanding  any  other  provision  of law to the contrary, in
order to assist the dormitory authority and the corporation in undertak-
ing the financing for project costs for the regional  economic  develop-
ment  council  initiative,  the  economic  transformation program, state
university of New York college for nanoscale  and  science  engineering,
projects  within  the  city  of Buffalo or surrounding environs, the New
York works economic development fund,  projects  for  the  retention  of
professional  football  in  western  New York, the empire state economic
development fund, the clarkson-trudeau partnership, the New York  genome
center, the cornell university college of veterinary medicine, the olym-
pic  regional  development  authority,  projects at nano Utica, onondaga
county revitalization projects, Binghamton university school of  pharma-
cy,  New  York  power  electronics  manufacturing  consortium,  regional
infrastructure projects, New York State Capital Assistance  Program  for
Transportation,  infrastructure,  and  economic  development,  high tech
innovation and economic development infrastructure program,  high  tech-
nology  manufacturing  projects in Chautauqua and Erie county, an indus-
trial scale research and development facility in Clinton county, upstate
revitalization initiative projects, downstate revitalization initiative,
market New York projects, fairground buildings, equipment or  facilities
used  to house and promote agriculture, the state fair, the empire state
trail, the moynihan station development project, the Kingsbridge  armory
project, strategic economic development projects, the cultural, arts and
public  spaces fund, water infrastructure in the city of Auburn and town
of Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural  facili-
ties  improvement  program,  restore  New York's communities initiative,
heavy  equipment,  economic  development  and  infrastructure  projects,
Roosevelt  Island  operating  corporation capital projects, LAKE ONTARIO
REGIONAL PROJECTS, PENNSYLVANIA STATION AND OTHER TRANSIT  PROJECTS  and
other  state  costs  associated  with  such projects the director of the
budget is hereby authorized to enter into one or more service  contracts
with  the  dormitory  authority and the corporation, none of which shall
exceed thirty years in duration, upon such terms and conditions  as  the
director  of  the budget and the dormitory authority and the corporation
agree, so as to annually provide to  the  dormitory  authority  and  the
corporation, in the aggregate, a sum not to exceed the principal, inter-
est, and related expenses required for such bonds and notes. Any service
contract  entered  into  pursuant to this section shall provide that the
obligation of the state to pay the amount  therein  provided  shall  not
constitute  a debt of the state within the meaning of any constitutional
or statutory provision and shall be deemed executory only to the  extent
of monies available and that no liability shall be incurred by the state
beyond  the  monies available for such purpose, subject to annual appro-
priation by the legislature. Any such contract or any payments  made  or
to  be  made  thereunder  may  be  assigned and pledged by the dormitory
authority and the corporation as security for its bonds  and  notes,  as
authorized by this section.
  §  4. Subdivision 1 of section 386-b of the public authorities law, as
amended by section 37 of part TTT of chapter 59 of the laws of 2019,  is
amended to read as follows:
  1.  Notwithstanding  any  other  provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation

S. 6615                            20

are hereby authorized to issue bonds or notes in one or more series  for
the  purpose  of  financing  peace  bridge projects and capital costs of
state and local highways, parkways, bridges, the New York state thruway,
Indian reservation roads, and facilities, and transportation infrastruc-
ture   projects   including  aviation  projects,  non-MTA  mass  transit
projects, and rail service preservation projects, including work  appur-
tenant  and  ancillary  thereto. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not  exceed  four
billion   six   hundred   [twenty-eight]   FORTY-EIGHT  million  dollars
[$4,628,000,000] $4,648,000,000, excluding bonds issued to fund  one  or
more debt service reserve funds, to pay costs of issuance of such bonds,
and  to refund or otherwise repay such bonds or notes previously issued.
Such bonds and notes of the authority, the dormitory authority  and  the
urban  development corporation shall not be a debt of the state, and the
state shall not be liable thereon, nor shall they be payable out of  any
funds  other  than those appropriated by the state to the authority, the
dormitory authority and the urban development corporation for principal,
interest, and related expenses pursuant to a service contract  and  such
bonds  and  notes  shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be  used  to  pay
debt service on such bonds.
  §  5.  Subdivision  1 of section 50 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban  development  corpo-
ration  act,  as  amended by section 45 of part TTT of chapter 59 of the
laws of 2019, is amended to read as follows:
  1. Notwithstanding the provisions of any other law  to  the  contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of  funding  project  costs  undertaken  by  or on behalf of special act
school districts,  state-supported  schools  for  the  blind  and  deaf,
approved private special education schools, non-public schools, communi-
ty centers, day care facilities, RESIDENTIAL CAMPS, DAY CAMPS, and other
state costs associated with such capital projects. The aggregate princi-
pal  amount  of  bonds  authorized to be issued pursuant to this section
shall not exceed one hundred [ten] THIRTY million dollars [$110,000,000]
$130,000,000, excluding bonds issued to fund one or  more  debt  service
reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued. Such bonds and notes of the dormitory authority  and  the  urban
development  corporation shall not be a debt of the state, and the state
shall not be liable thereon, nor shall they be payable out of any  funds
other  than  those  appropriated by the state to the dormitory authority
and the urban  development  corporation  for  principal,  interest,  and
related expenses pursuant to a service contract and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes  of  complying  with  the  internal  revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  § 6. Subdivision 1 of section 49 of section 1 of chapter  174  of  the
laws  of  1968, constituting the New York state urban development corpo-
ration act, as amended by section 46-a of part TTT of chapter 59 of  the
laws of 2019, is amended to read as follows:
  1.  Notwithstanding  the  provisions of any other law to the contrary,
the dormitory authority and the corporation  are  hereby  authorized  to
issue  bonds  or  notes in one or more series for the purpose of funding

S. 6615                            21

project costs for the state and municipal facilities program  and  other
state costs associated with such capital projects. The aggregate princi-
pal  amount  of  bonds  authorized to be issued pursuant to this section
shall  not  exceed  two  billion [four] SEVEN hundred [thirteen] NINETY-
EIGHT million five hundred thousand dollars, excluding bonds  issued  to
fund one or more debt service reserve funds, to pay costs of issuance of
such  bonds, and bonds or notes issued to refund or otherwise repay such
bonds or notes previously issued. Such bonds and notes of the  dormitory
authority  and the corporation shall not be a debt of the state, and the
state shall not be liable thereon, nor shall they be payable out of  any
funds  other  than  those  appropriated  by  the  state to the dormitory
authority and the  corporation  for  principal,  interest,  and  related
expenses  pursuant  to a service contract and such bonds and notes shall
contain on the face thereof a  statement  to  such  effect.  Except  for
purposes  of  complying  with  the  internal  revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  § 7. Paragraph (b) of subdivision 3 and  clause  (B)  of  subparagraph
(iii)  of paragraph (j) of subdivision 4 of section 1 of part D of chap-
ter 63 of the laws of 2005, relating to the composition and responsibil-
ities of the New York state  higher  education  capital  matching  grant
board, as amended by section 59 of part BBB of chapter 59 of the laws of
2018, are amended to read as follows:
  (b)  Within amounts appropriated therefor, the board is hereby author-
ized and directed to award matching capital grants totaling [two hundred
seventy] THREE HUNDRED million dollars, $300,000,000. Each college shall
be eligible for a grant award amount as determined by  the  calculations
pursuant to subdivision five of this section. In addition, such colleges
shall  be eligible to compete for additional funds pursuant to paragraph
(h) of subdivision four of this section.
  (B) The dormitory authority shall not issue any bonds or notes  in  an
amount in excess of [two hundred seventy] THREE HUNDRED million dollars,
$300,000,000  for the purposes of this section; excluding bonds or notes
issued to fund one or more debt service reserve funds, to pay  costs  of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay  such  bonds  or  notes  previously issued. Except for purposes of
complying with the internal revenue code, any interest on bond  proceeds
shall only be used to pay debt service on such bonds.
  §  8.  Paragraph  (a)  of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 29 of part TTT of chapter  59
of the laws of 2019, is amended to read as follows:
  (a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand,  in  order  to  enhance and encourage the promotion of housing
programs and thereby achieve the stated purposes and objectives of  such
housing  programs, the agency shall have the power and is hereby author-
ized from time to time to issue negotiable  housing  program  bonds  and
notes  in  such principal amount as shall be necessary to provide suffi-
cient funds for the repayment of amounts disbursed (and  not  previously
reimbursed)  pursuant  to law or any prior year making capital appropri-
ations or reappropriations for the  purposes  of  the  housing  program;
provided,  however, that the agency may issue such bonds and notes in an
aggregate principal amount not exceeding [six billion one hundred seven-
ty-eight   million   five   hundred   ninety-nine    thousand    dollars
$6,178,599,000]  SIX  BILLION  TWO  HUNDRED  NINETY MILLION FIVE HUNDRED
NINETY-NINE THOUSAND DOLLARS $6,290,599,000, plus a principal amount  of
bonds  issued  to  fund the debt service reserve fund in accordance with

S. 6615                            22

the debt service reserve fund requirement established by the agency  and
to  fund  any  other reserves that the agency reasonably deems necessary
for the security or marketability of such bonds and to provide  for  the
payment  of fees and other charges and expenses, including underwriters'
discount,  trustee  and  rating  agency  fees,  bond  insurance,  credit
enhancement  and  liquidity  enhancement related to the issuance of such
bonds and notes. No reserve fund  securing  the  housing  program  bonds
shall  be  entitled  or  eligible  to receive state funds apportioned or
appropriated to maintain or restore such reserve fund at or to a partic-
ular level, except to the extent of any deficiency resulting directly or
indirectly from a failure of the state to appropriate or pay the  agreed
amount  under  any  of the contracts provided for in subdivision four of
this section.
  § 9. This act shall take effect immediately.

                                 PART L

  Section 1. Subdivision 4-b of section 2825-f of the public health law,
as added by section 1 of part Q of chapter 57 of the laws  of  2019,  is
amended to read as follows:
  4-b. Authorized amounts to be awarded pursuant to applications submit-
ted  in  response  to  the request for application number 17648 shall be
awarded no later than [May] SEPTEMBER first, two thousand nineteen.
  § 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after May 1, 2019.

                                 PART M

  Section 1. Subdivision (a) of section 2 of part F of chapter 60 of the
laws  of 2015 constituting the infrastructure investment act, as amended
by section 1 of part RRR of chapter 59 of the laws of 2017,  is  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.
  (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

S. 6615                            23

                                         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
[7.] 9. State Fair Revitalization        Office of General
        Projects                         Services
[8.] 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.  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.
  § 2. This act shall take effect immediately;  provided,  however  that
the  amendments to the infrastructure investment act made by section one
of this act shall not affect the repeal of such act and shall be  deemed
repealed therewith.

                                 PART N

  Section  1. Section 18 of chapter 26 of the laws of 2019, constituting
the "Jose Peralta New York state DREAM  act",  is  amended  to  read  as
follows:
  § 18. This act shall take effect immediately; provided, however, that:
  [(a) section two of this act shall take effect January 1, 2020;

S. 6615                            24

  (b)] (A) sections fifteen and sixteen of this act shall take effect on
the  ninetieth  day after it shall have become a law; provided, however,
that any rule or regulation necessary for the timely  implementation  of
this  act  on  its effective date shall be promulgated on or before such
effective date; and
  [(c)]  (B)  sections  three, four, five, six, seven, eight, nine, ten,
eleven, twelve, thirteen, fourteen, and seventeen of this act shall take
effect [on the ninetieth day after] UPON the issuance of regulations and
the development of an application form by the president  of  the  higher
education  services  corporation and commissioner of education or on the
ninetieth day after [it] THIS ACT shall have  become  a  law,  whichever
shall be [later] SOONER; provided, further, however that effective imme-
diately  the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized and directed to be made and completed on or before such date;
provided,  further,  however, that the president of the higher education
services corporation and the commissioner of education shall notify  the
legislative bill drafting commission upon the occurrence of the issuance
of  the  regulations and the development of an application form 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 furth-
erance  of  effectuating the provisions of section 44 of the legislative
law and section 70-b of the public officers law.
  § 2. This act shall take effect immediately.

                                 PART O

  Section 1. Clauses 6 and 7 of subparagraph (B)  of  paragraph  (i)  of
subdivision (b) of section 349-g of the highway law, as added by chapter
78 of the laws of 2018, are amended to read as follows:
  6.  Within  the  waters  of  Flushing  Bay  South  45°-38'-00" East, a
distance of 1092.05' to a point in the  waters  of  Flushing  Bay,  said
point  also  being the westerly line of Tax Map Lot 65 Block [789] 1789,
thence;
  7. Along the westerly line of same South 05°-02'-52" East, a  distance
of 456.35' to a point in the westerly line of Tax Map Lot 65 Block [789]
1789, thence;
  §  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after chapter 78 of  the  laws
of  2018  took  effect,  provided the amendments to section 349-g of the
highway law made by section one of this act shall not affect the  repeal
of such section and shall be deemed repealed therewith.

                                 PART P

  Section  1.  Subdivision  1  of section 1267 of the public authorities
law, as amended by chapter 634 of the laws of 1965, is amended  to  read
as follows:
  1.  In  addition  to  the  powers  provided  in section twelve hundred
sixty-six of this title to acquire transportation facilities,  equipment
and  real  property, the authority may acquire, by condemnation pursuant
to the [condemnation] EMINENT DOMAIN PROCEDURE law, any real property it
may deem necessary, convenient or desirable to effectuate  the  purposes
of  this title, provided however, that any such condemnation proceedings
shall be brought only in the supreme court and the  compensation  to  be
paid  shall  be ascertained and determined by the court without a jury[.

S. 6615                            25

Notwithstand], AND PROVIDED FURTHER THAT THE RATE OF INTEREST PAID  UPON
ANY  JUDGMENT OR ACCRUED CLAIM AGAINST THE AUTHORITY ARISING OUT OF SUCH
CONDEMNATION PROCEEDINGS SHALL NOT EXCEED SIX PER CENTUM.  NOTWITHSTAND-
ING the foregoing provisions of this subdivision [one], no real property
may be acquired by the authority by condemnation for purposes other than
a transportation facility unless the governing body of the city, village
or  town  in  which such real property is located shall first consent to
such condemnation.
  § 2. This act shall take effect immediately; provided that section one
of this act shall be deemed repealed three years  after  such  effective
date,  provided that any condemnation proceedings in process at the time
of repeal shall not be affected by such repeal.

                                 PART Q

  Section 1.  Subdivision j of section 26-510 of the administrative code
of the city of New York, as added by section 1 of part C of  chapter  36
of the laws of 2019, is amended to read as follows:
  j. Notwithstanding any other provision of this law, the adjustment for
vacancy leases covered by the provisions of this law shall be determined
exclusively  pursuant  to  this  section.  [County]  THE rent guidelines
[boards] BOARD shall no longer promulgate adjustments for vacancy leases
unless otherwise authorized by this chapter.
  § 2. Subdivision e of section 4 of section 4 of  chapter  576  of  the
laws  of 1974, constituting the emergency tenant protection act of nine-
teen seventy-four, as added by section 2 of part C of chapter 36 of  the
laws of 2019, is amended to read as follows:
  e. Notwithstanding any other provision of this act, the adjustment for
vacancy leases covered by the provisions of this act shall be determined
exclusively  pursuant  to  section  ten  of this act. [County rent] RENT
guidelines boards shall no longer  promulgate  adjustments  for  vacancy
leases.
  §  3. The opening paragraph of subdivision b of section 4 of section 4
of chapter 576 of the laws of 1974, constituting  the  emergency  tenant
protection act of nineteen seventy-four, as amended by section 3 of part
C of chapter 36 of the laws of 2019, is amended to read as follows:
  A  county  rent guidelines board shall establish annual guidelines for
rent adjustments which, at its sole discretion may be varied and differ-
ent for and within the several zones and jurisdictions of the board, and
in determining whether rents for housing accommodations as to  which  an
emergency  has  been  declared  pursuant  to this act shall be adjusted,
shall consider among other things (1)  the  economic  condition  of  the
residential  real  estate  industry  in the affected area including such
factors as the prevailing and projected (i) real estate taxes and  sewer
and  water  rates,  (ii)  gross  operating  maintenance costs (including
insurance rates, governmental fees, cost of fuel and labor costs), (iii)
costs and availability of financing (including effective rates of inter-
est), (iv) over-all supply of housing accommodations and over-all vacan-
cy rates, (2) relevant data from  the  current  and  projected  cost  of
living indices for the affected area, (3) such other data as may be made
available to it. As soon as practicable after its creation and thereaft-
er not later than July first of each year, a rent guidelines board shall
file  with the state division of housing and community renewal its find-
ings for the preceding calendar year, and shall accompany such  findings
with  a  statement  of  the maximum rate or rates of rent adjustment, if
any, for one or more classes  of  accommodation  subject  to  this  act,

S. 6615                            26

authorized  for  leases or other rental agreements commencing during the
next succeeding twelve months. The standards for rent adjustments may be
applicable for the entire county or may  be  varied  according  to  such
zones  or  jurisdictions within such county as the board finds necessary
to achieve the purposes of this subdivision.  A [county] rent guidelines
board shall not establish annual guidelines for rent  adjustments  based
on  the  current rental cost of a unit or on the amount of time that has
elapsed since another rent increase  was  authorized  pursuant  to  this
chapter.
  §  4.  Section 5 of part C of chapter 36 of the laws of 2019, amending
the administrative code of the city of New York and the emergency tenant
protection act of nineteen seventy-four relating to vacancy  of  certain
housing  accommodations and to amend the emergency tenant protection act
of nineteen seventy-four and the administrative code of the city of  New
York  relating to prohibiting a county rent guidelines board from estab-
lishing rent adjustments for class A dwelling  units  based  on  certain
considerations, is amended to read as follows:
  §  5.  This act shall take effect immediately; PROVIDED, FURTHER, THAT
THE AMENDMENTS TO SECTION 26-510 OF CHAPTER 4 OF TITLE 26 OF THE  ADMIN-
ISTRATIVE  CODE OF THE CITY OF NEW YORK MADE BY SECTIONS ONE AND FOUR OF
THIS ACT SHALL EXPIRE ON THE SAME DATE AS SUCH LAW EXPIRES AND SHALL NOT
AFFECT THE EXPIRATION OF SUCH LAW AS PROVIDED UNDER  SECTION  26-520  OF
SUCH LAW.
  §  5.  Section  6 of part D of chapter 36 of the laws of 2019 amending
the emergency tenant protection act of nineteen  seventy-four,  relating
to  vacancies  in  certain housing accommodations, is amended to read as
follows:
  § 6. Paragraph 12 of subdivision a of section 5 of SECTION 4 OF  chap-
ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
protection act of nineteen seventy-four, is REPEALED.
  § 6. Section 7 of part D of chapter 36 of the laws  of  2019  amending
the  emergency  tenant protection act of nineteen seventy-four, relating
to vacancies in certain housing accommodations, is amended  to  read  as
follows:
  §  7.  Section  5-a  OF  SECTION 4 of chapter 576 of the laws of 1974,
constituting the emergency tenant protection act  of  nineteen  seventy-
four, is REPEALED.
  §  7.  Section  26-403.1 of the administrative code of the city of New
York is REPEALED.
  § 8. Subparagraph (j) of paragraph 2 of  subdivision  (e)  of  section
26-403 of the administrative code of the city of New York is REPEALED.
  §  9. Section 2-a of chapter 274 of the laws of 1946, constituting the
emergency housing rent control law, is REPEALED.
  § 10. Section 8 of part D of chapter 36 of the laws of 2019,  amending
the  emergency  tenant protection act of nineteen seventy-four, relating
to vacancies in certain housing accommodations, is amended  to  read  as
follows:
  §  8.  This  act shall take effect immediately; PROVIDED HOWEVER, THAT
(I) ANY UNIT THAT WAS LAWFULLY DEREGULATED PRIOR TO JUNE 14, 2019  SHALL
REMAIN  DEREGULATED;  AND (II) A MARKET RATE UNIT IN A MULTIPLE DWELLING
WHICH RECEIVES BENEFITS PURSUANT TO SUBDIVISION 16 OF SECTION  421-A  OF
THE  REAL  PROPERTY  TAX  LAW  SHALL  BE  SUBJECT  TO  THE  DEREGULATION
PROVISIONS OF RENT STABILIZATION AS PROVIDED BY LAW PRIOR  TO  JUNE  14,
2019.
  §  11.  Subdivision (a-2) of section 10 of section 4 of chapter 576 of
the laws of 1974, constituting the emergency tenant  protection  act  of

S. 6615                            27

nineteen  seventy-four,  as amended by section 1 of part E of chapter 36
of the laws of 2019, is amended to read as follows:
  (a-2)  Where  the  amount of rent charged to and paid by the tenant is
less than the legal regulated rent for the  housing  accommodation,  the
amount  of rent for such housing accommodation which may be charged upon
vacancy thereof, may, at the option of the owner,  be  based  upon  such
previously  established  legal  regulated  rent, as adjusted by the most
recent applicable guidelines increases and other increases authorized by
law.  [Any] FOR ANY tenant who is subject to a lease  on  or  after  the
effective  date  of a chapter of the laws of two thousand nineteen which
amended this subdivision, or is or was entitled to receive a renewal  or
vacancy  lease  on  or  after such date, upon renewal of such lease, the
amount of rent for such housing accommodation that may  be  charged  and
paid  shall  be  no more than the rent charged to and paid by the tenant
prior to that renewal, as adjusted by the most recent applicable  guide-
lines  increases  and  any other increases authorized by law.  Provided,
however, that for buildings that are subject to this statute  by  virtue
of  a  regulatory  agreement  with  a  local government agency and which
buildings receive federal project based rental  assistance  administered
by  the  United  States department of housing and urban development or a
state or local section eight administering agency, where the rent set by
the federal, state or local governmental agency is less than  the  legal
regulated  rent  for  the  housing accommodation, the amount of rent for
such housing accommodation which may be charged  WITH  THE  APPROVAL  OF
SUCH  FEDERAL,  STATE  OR LOCAL GOVERNMENTAL AGENCY upon renewal or upon
vacancy thereof, may be based upon  such  previously  established  legal
regulated  rent,  as  adjusted  by the most recent applicable guidelines
increases or other increases authorized by  law;  and  further  provided
that  such vacancy shall not be caused by the failure of the owner or an
agent of the owner, to maintain the housing accommodation in  compliance
with  the  warranty  of  habitability  set  forth  in subdivision one of
section two hundred thirty-five-b of the real property law.
  § 12. Paragraph 14 of subdivision c of section 26-511 of the  adminis-
trative  code of the city of New York, as amended by section 2 of part E
of chapter 36 of the laws of 2019, is amended to read as follows:
  (14) where the amount of rent charged to and paid  by  the  tenant  is
less  than  the  legal regulated rent for the housing accommodation, the
amount of rent for such housing accommodation which may be charged  upon
vacancy  thereof,  may,  at  the option of the owner, be based upon such
previously established legal regulated rent, as  adjusted  by  the  most
recent  applicable  guidelines increases and any other increases author-
ized by law.  [Any] FOR ANY tenant who is subject to a lease on or after
the effective date of a chapter of the laws  of  two  thousand  nineteen
which amended this paragraph, or is or was entitled to receive a renewal
or  vacancy lease on or after such date, upon renewal of such lease, the
amount of rent for such housing accommodation that may  be  charged  and
paid  shall  be  no more than the rent charged to and paid by the tenant
prior to that renewal, as adjusted by the most recent applicable  guide-
lines  increases  and  any other increases authorized by law.  Provided,
however, that for buildings that are subject to this statute  by  virtue
of  a  regulatory  agreement  with  a  local government agency and which
buildings receive federal project based rental  assistance  administered
by  the  United  States department of housing and urban development or a
state or local section eight administering agency, where the rent set by
the federal, state or local governmental agency is less than  the  legal
regulated  rent  for  the  housing accommodation, the amount of rent for

S. 6615                            28

such housing accommodation which may be charged  WITH  THE  APPROVAL  OF
SUCH  FEDERAL,  STATE  OR LOCAL GOVERNMENTAL AGENCY upon renewal or upon
vacancy thereof, may be based upon  such  previously  established  legal
regulated  rent,  as  adjusted  by the most recent applicable guidelines
increases and other increases authorized by law;  and  further  provided
that  such vacancy shall not be caused by the failure of the owner or an
agent of the owner, to maintain the housing accommodation in  compliance
with  the  warranty  of  habitability  set  forth  in subdivision one of
section two hundred thirty-five-b of the real property law.
  § 13. Paragraph 9 of subdivision a of section 12 of section 4 of chap-
ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
protection act of nineteen seventy-four, as added by section 2 of part F
of chapter 36 of the laws of 2019, is amended to read as follows:
  (9)  The  division of housing and community renewal and the courts, in
investigating complaints of overcharge and in  determining  legal  regu-
lated  rents, shall consider all available rent history which is reason-
ably necessary to make such determinations, including but not limited to
(a) any rent registration or other records filed with the state division
of housing and community renewal,  or  any  other  state,  municipal  or
federal  agency, regardless of the date to which the information on such
registration refers; (b) any order issued by  any  state,  municipal  or
federal  agency; (c) any records maintained by the owner or tenants; and
(d) any public record kept in the regular  course  of  business  by  any
state,  municipal or federal agency. Nothing contained in this paragraph
shall limit the examination of rent history relevant to a  determination
as to:
  (i)  whether  the legality of a rental amount charged or registered is
reliable in light of all available evidence including, but  not  limited
to, whether an unexplained increase in the registered or lease rents, or
a  fraudulent  scheme to destabilize the housing accommodation, rendered
such rent or registration unreliable;
  (ii) whether an accommodation  is  subject  to  the  emergency  tenant
protection act;
  (iii) whether an order issued by the division of housing and community
renewal or a court of competent jurisdiction, including, but not limited
to  an  order  issued  pursuant to section [26-514 of the administrative
code of the city of New York] SEVEN  OF  THIS  ACT,  or  any  regulatory
agreement  or other contract with any governmental agency, and remaining
in effect within six years of the filing of a complaint pursuant to this
section, affects or limits the amount of rent that  may  be  charged  or
collected;
  (iv) whether an overcharge was or was not willful;
  (v)  whether a rent adjustment that requires information regarding the
length of occupancy by a present or prior tenant was lawful;
  (vi) the existence or terms and conditions of a preferential rent,  or
the  propriety  of  a  legal  registered  rent  during a period when the
tenants were charged a preferential rent;
  (vii) the legality of a rent charged or registered  immediately  prior
to the registration of a preferential rent; or
  (viii)  the amount of the legal regulated rent where the apartment was
vacant or temporarily exempt on the date six years prior to  a  tenant's
complaint.
  §  14.  Subparagraph  (b)  of  paragraph 9 of subdivision c of section
26-511 of the administrative code of the city of New York, as amended by
section 2 of part I of chapter 36 of the laws of  2019,  is  amended  to
read as follows:

S. 6615                            29

  (b)  where  he or she seeks to recover possession of one dwelling unit
because of immediate  and  compelling  necessity  for  his  or  her  own
personal  use  and  occupancy as his or her primary residence or for the
use and occupancy of a member of his or her immediate family as  his  or
her  primary  residence,  provided however, that this subparagraph shall
permit recovery of only one dwelling unit and shall not  apply  where  a
tenant or the spouse of a tenant lawfully occupying the dwelling unit is
sixty-two years of age or older, has been a tenant in a dwelling unit in
that  building  for  fifteen  years  or more, or has an impairment which
results from  anatomical,  physiological  or  psychological  conditions,
other  than addiction to alcohol, gambling, or any controlled substance,
which are demonstrable by medically acceptable clinical  and  laboratory
diagnostic  techniques, and which are expected to be permanent and which
prevent the tenant from engaging in any substantial gainful  employment,
unless such owner offers to provide and if requested, provides an equiv-
alent  or superior housing accommodation at the same or lower stabilized
rent in a closely proximate area. The provisions  of  this  subparagraph
shall  only  permit  one  of  the  individual  owners of any building to
recover possession of one dwelling unit for his or her own personal  use
and/or  for  that of his or her immediate family. A dwelling unit recov-
ered by an owner pursuant to this subparagraph shall not for a period of
three years be rented, leased, subleased or assigned to any person other
than a person for whose benefit recovery of the dwelling unit is permit-
ted pursuant to this subparagraph or to the tenant in occupancy  at  the
time  of  recovery under the same terms as the original lease; provided,
however, that a tenant required to surrender a [housing accommodation by
virtue of the operation of subdivision g or h of section 26-408 of  this
title]  DWELLING  UNIT  UNDER  THIS  SUBPARAGRAPH  shall have a cause of
action in any court of competent jurisdiction for damages,  declaratory,
and  injunctive  relief  against a landlord or purchaser of the premises
who makes a fraudulent statement regarding a proposed use of the housing
accommodation. In any action or  proceeding  brought  pursuant  to  this
subparagraph a prevailing tenant shall be entitled to recovery of actual
damages, and reasonable attorneys' fees.  This subparagraph shall not be
deemed to establish or eliminate any claim that the former tenant of the
dwelling  unit  may  otherwise  have against the owner. Any such rental,
lease, sublease or assignment during such period to any other person may
be subject to a penalty of a forfeiture of the right to any increases in
residential rents in such building for a period of three years; or
  § 15. Subdivision a of section 10 of section 4 of chapter 576  of  the
laws  of 1974, constituting the emergency tenant protection act of nine-
teen seventy-four, as amended by section 3 of part I of  chapter  36  of
the laws of 2019, is amended to read as follows:
  a.  For  cities having a population of less than one million and towns
and villages, the state division of housing and community renewal  shall
be  empowered  to  implement  this  act by appropriate regulations. Such
regulations may encompass such speculative or manipulative practices  or
renting or leasing practices as the state division of housing and commu-
nity  renewal determines constitute or are likely to cause circumvention
of this act. Such regulations shall prohibit practices which are  likely
to prevent any person from asserting any right or remedy granted by this
act,  including  but  not limited to retaliatory termination of periodic
tenancies and shall require owners to grant a new one or two year vacan-
cy or renewal lease at the option of the tenant, except where a mortgage
or mortgage commitment existing as of the local effective date  of  this
act  provides that the owner shall not grant a one-year lease; and shall

S. 6615                            30

prescribe standards with respect to the terms and conditions of new  and
renewal  leases,  additional  rent  and such related matters as security
deposits, advance rental payments, the use of escalator clauses in leas-
es and provision for increase in rentals for garages and other ancillary
facilities,  so as to [insure] ENSURE that the level of rent adjustments
authorized under this law will not be subverted  and  made  ineffective.
Any  provision of the regulations permitting an owner to refuse to renew
a lease on grounds that the owner seeks to recover possession of a hous-
ing accommodation for his or her own use and occupancy or  for  the  use
and  occupancy  of  his or her immediate family shall permit recovery of
only one housing accommodation, shall require that an owner  demonstrate
immediate and compelling need and that the housing accommodation will be
the  proposed  occupants'  primary residence and shall not apply where a
member of the housing accommodation is sixty-two years of age or  older,
has  been  a  tenant  in  a  housing  accommodation in that building for
fifteen years or more, or has an impairment which results  from  anatom-
ical, physiological or psychological conditions, other than addiction to
alcohol,  gambling,  or any controlled substance, which are demonstrable
by medically acceptable clinical and laboratory  diagnostic  techniques,
and which are expected to be permanent and which prevent the tenant from
engaging  in any substantial gainful employment; provided, however, that
a tenant required to surrender a housing accommodation [by virtue of the
operation of subdivision g or h of section 26-408 of the  administrative
code  of the city of New York] UNDER THIS SUBDIVISION shall have a cause
of action in any court of competent jurisdiction for damages, declarato-
ry, and injunctive relief against a landlord or purchaser of  the  prem-
ises  who  makes  a fraudulent statement regarding a proposed use of the
housing accommodation. In any action or proceeding brought  pursuant  to
this  subdivision  a  prevailing tenant shall be entitled to recovery of
actual damages, and reasonable attorneys' fees.
  § 16. Paragraph (a) of subdivision 2 of section 5 of  chapter  274  of
the  laws  of 1946, constituting the emergency housing rent control law,
as amended by section 4 of part I of chapter 36 of the laws of 2019,  is
amended to read as follows:
  (a)  the landlord seeks in good faith to recover possession of a hous-
ing accommodation because of immediate and compelling necessity for  his
or her own personal use and occupancy as his or her primary residence or
for the use and occupancy of his or her immediate family as their prima-
ry  residence; provided, however, this subdivision shall permit recovery
of only one housing accommodation and shall not apply where a member  of
the  household lawfully occupying the housing accommodation is sixty-two
years of age or older, has been a tenant in a housing  accommodation  in
that  building  for  fifteen  years  or more, or has an impairment which
results from  anatomical,  physiological  or  psychological  conditions,
other  than addiction to alcohol, gambling, or any controlled substance,
which are demonstrable by medically acceptable clinical  and  laboratory
diagnostic  techniques, and which are expected to be permanent and which
prevent the tenant from engaging in any substantial gainful  employment;
provided,  however, that a tenant required to surrender a housing accom-
modation [by virtue of the operation of subdivision g or  h  of  section
26-408  of  the  administrative code of the city of New York] UNDER THIS
PARAGRAPH shall have a cause of action in any court of competent  juris-
diction  for damages, declaratory, and injunctive relief against a land-
lord or purchaser of the  premises  who  makes  a  fraudulent  statement
regarding  a proposed use of the housing accommodation. In any action or
proceeding brought pursuant to this paragraph a prevailing tenant  shall

S. 6615                            31

be  entitled  to  recovery  of actual damages, and reasonable attorneys'
fees; or
  §  17.  Paragraphs 6 and 10 of subdivision a of section 5 of section 4
of chapter 576 of the laws of 1974, constituting  the  emergency  tenant
protection act of nineteen seventy-four, paragraph 6 as amended by chap-
ter  403 of the laws of 1983 and paragraph 10 as amended by section 1 of
part J of chapter 36 of the  laws  of  2019,  are  amended  to  read  as
follows:
  (6)  housing  accommodations owned or operated by a hospital, convent,
monastery, asylum, public institution, or college or school dormitory or
any institution  operated  exclusively  for  charitable  or  educational
purposes on a non-profit basis other than (I) those accommodations occu-
pied  by  a tenant on the date such housing accommodation is acquired by
any such institution, or which are occupied subsequently by a tenant who
is not affiliated with such institution at the time of his initial occu-
pancy  OR  (II)  PERMANENT  HOUSING   ACCOMMODATIONS   WITH   GOVERNMENT
CONTRACTED SERVICES, AS OF AND AFTER JUNE FOURTEENTH, TWO THOUSAND NINE-
TEEN, TO VULNERABLE INDIVIDUALS OR INDIVIDUALS WITH DISABILITIES WHO ARE
OR WERE HOMELESS OR AT RISK OF HOMELESSNESS; PROVIDED, HOWEVER, THAT THE
TERMS  OF  LEASES IN EXISTENCE AS OF JUNE FOURTEENTH, TWO THOUSAND NINE-
TEEN, SHALL ONLY BE AFFECTED UPON LEASE RENEWAL,  AND  FURTHER  PROVIDED
THAT  UPON  THE  VACANCY OF SUCH HOUSING ACCOMMODATIONS, THE LEGAL REGU-
LATED RENT FOR SUCH HOUSING ACCOMMODATIONS SHALL BE THE LEGAL  REGULATED
RENT  PAID  FOR SUCH HOUSING ACCOMMODATIONS BY THE PRIOR TENANT, SUBJECT
ONLY TO ANY ADJUSTMENT ADOPTED BY THE APPLICABLE RENT GUIDELINES BOARD;
  (10) housing accommodations  in  buildings  operated  exclusively  for
charitable  purposes  on a non-profit basis except for permanent housing
accommodations with government contracted services, as of and after  the
effective  date of the chapter of the laws of two thousand nineteen that
amended this paragraph, to vulnerable individuals  or  individuals  with
disabilities  who  are  or  were  homeless  or  at risk of homelessness;
provided, however, that THE terms of  leases  in  existence  as  of  the
effective  date of the chapter of the laws of two thousand nineteen that
amended this paragraph, shall only be affected upon lease  renewal,  and
further  provided  that upon the vacancy of such housing accommodations,
THE LEGAL REGULATED RENT FOR SUCH HOUSING ACCOMMODATIONS  shall  be  the
legal  regulated  rent paid for such housing accommodations by the prior
tenant, subject only to any adjustment adopted by  the  applicable  rent
guidelines board;
  §  18. Paragraph 1 of subdivision d of section 6 of section 4 of chap-
ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
protection act of nineteen seventy-four, as amended by section 1 of part
K of chapter 36 of the laws of 2019, is amended to read as follows:
  (1)  there has been a substantial modification or increase of dwelling
space, or installation of new equipment or improvements or new furniture
or furnishings, provided in or to a tenant's housing  accommodation,  on
written  informed tenant consent to the rent increase.  In the case of a
vacant housing accommodation, tenant consent shall not be required.  The
temporary increase in the legal regulated rent for the affected  housing
accommodation  shall  be  one-one hundred sixty-eighth, in the case of a
building with thirty-five or fewer  housing  accommodations  or  one-one
hundred  eightieth  in the case of a building with more than thirty-five
housing accommodations where such increase takes effect on or after  the
effective  date of the chapter of the laws of two thousand nineteen that
amended this paragraph, of the total actual cost incurred by  the  land-
lord  up  to  fifteen  thousand dollars in providing such reasonable and

S. 6615                            32

verifiable  modification  or  increase  in  dwelling  space,  furniture,
furnishings,  or  equipment,  including  the  cost  of  installation but
excluding finance charges and any costs  that  exceed  reasonable  costs
established  by  rules  and  regulations  promulgated by the division of
housing and community renewal. Such rules and regulations shall include:
(i) requirements for work to be  done  by  licensed  contractors  and  a
prohibition  on common ownership between the landlord and the contractor
or vendor; and (ii) a requirement that  the  owner  resolve  within  the
dwelling  space  all  outstanding  hazardous  or  immediately  hazardous
violations of the Uniform Fire Prevention  and  Building  Code  (Uniform
Code),  New  York  City Fire Code, or New York City Building and Housing
Maintenance Codes, if applicable. Provided further that an owner who  is
entitled  to  a  rent  increase  pursuant to this paragraph shall not be
entitled to a further rent increase based upon the installation of simi-
lar equipment, or new furniture or furnishings within the useful life of
such new equipment, or new furniture or  furnishings.  Provided  further
that  the  recoverable  costs incurred by the landlord, pursuant to this
paragraph, shall be limited to an aggregate  cost  of  fifteen  thousand
dollars  that  may be expended on no more than three separate individual
apartment improvements in a fifteen year period BEGINNING WITH THE FIRST
INDIVIDUAL APARTMENT IMPROVEMENT ON OR AFTER JUNE FOURTEENTH, TWO  THOU-
SAND  NINETEEN.  Provided  further that increases to the legal regulated
rent pursuant to this paragraph shall be removed from  the  legal  regu-
lated  rent  thirty  years  from  the date the increase became effective
inclusive of any increases granted by  the  applicable  rent  guidelines
board.
  §  19. Paragraph 13 of subdivision c of section 26-511 of the adminis-
trative code of the city of New York, as amended by section 2 of part  K
of chapter 36 of the laws of 2019, is amended to read as follows:
  (13) provides that an owner is entitled to a rent increase where there
has  been  a  substantial modification or increase of dwelling space, or
installation of new  equipment  or  improvements  or  new  furniture  or
furnishings provided in or to a tenant's housing accommodation, on writ-
ten  informed  tenant  consent  to  the  rent increase. In the case of a
vacant housing accommodation, tenant consent shall not be required.  The
temporary  increase in the legal regulated rent for the affected housing
accommodation shall be one-one hundred sixty-eighth, in the  case  of  a
building  with  thirty-five  or  fewer housing accommodations or one-one
hundred eightieth in the case of a building with more  than  thirty-five
housing  accommodations where such increase takes effect on or after the
effective date of the chapter of the laws of two thousand nineteen  that
amended  this  paragraph, of the total actual cost incurred by the land-
lord  in  providing  such  reasonable  and  verifiable  modification  or
increase  in  dwelling  space,  furniture,  furnishings,  or  equipment,
including the cost of installation but excluding finance charges and any
costs that exceed reasonable costs established by rules and  regulations
promulgated by the division of housing and community renewal. Such rules
and  regulations  shall include: (i) requirements for work to be done by
licensed contractors and prohibit common ownership between the  landlord
and  the  contractor  or  vendor;  and (ii) a requirement that the owner
resolve within the dwelling space all  outstanding  hazardous  or  imme-
diately hazardous violations of the Uniform Fire Prevention and Building
Code  (Uniform Code), New York City Fire Code, or New York City Building
and Housing Maintenance Codes, if applicable. Provided further  that  an
owner  who  is  entitled  to  a rent increase pursuant to this paragraph
shall not be entitled to a further rent increase based upon the  instal-

S. 6615                            33

lation  of similar equipment, or new furniture or furnishings within the
useful life of such new equipment,  or  new  furniture  or  furnishings.
Provided  further  that  the recoverable costs incurred by the landlord,
pursuant  to  this  paragraph,  shall be limited to an aggregate cost of
fifteen thousand dollars that may be expended  on  no  more  than  three
separate  individual  apartment  improvements  in  a fifteen year period
BEGINNING WITH THE FIRST INDIVIDUAL APARTMENT IMPROVEMENT  ON  OR  AFTER
JUNE  FOURTEENTH, TWO THOUSAND NINETEEN. Provided further that increases
to the legal regulated rent pursuant to this paragraph shall be  removed
from  the  legal  regulated rent thirty years from the date the increase
became effective inclusive of any increases granted  by  the  applicable
rent guidelines board.
  §  20.  Subparagraph  (e)  of  paragraph 1 of subdivision g of section
26-405 of the administrative code of the city of New York, as amended by
section 3 of part K of chapter 36 of the laws of  2019,  is  amended  to
read as follows:
  (e)  The  landlord  and  tenant  by mutual voluntary written agreement
demonstrating informed  consent  agree  to  a  substantial  increase  or
decrease  in  dwelling  space  or  a change in furniture, furnishings or
equipment provided in the housing accommodations.  An  adjustment  under
this subparagraph shall be equal to one-one hundred sixty-eighth, in the
case  of  a building with thirty-five or fewer housing accommodations or
one-one hundred eightieth in the case of a building with more than thir-
ty-five housing accommodations where  such  temporary  adjustment  takes
effect  on or after the effective date of the chapter of the laws of two
thousand nineteen that amended this subparagraph, of  the  total  actual
cost  incurred  by the landlord in providing such reasonable and verifi-
able modification or increase in dwelling space, furniture, furnishings,
or equipment, including the cost of installation but  excluding  finance
charges  and any costs that exceed reasonable costs established by rules
and regulations promulgated by the division  of  housing  and  community
renewal.  Such rules and regulations shall include: (i) requirements for
work to be done by licensed contractors and  prohibit  common  ownership
between  the  landlord and the contractor or vendor; and (ii) a require-
ment that the owner resolve within the dwelling  space  all  outstanding
hazardous  or  immediately  hazardous  violations  of  the  Uniform Fire
Prevention and Building Code (Uniform Code), New York City Fire Code, or
New York City Building and Housing  Maintenance  Codes,  if  applicable.
Provided further that an owner who is entitled to a rent increase pursu-
ant  to  this  subparagraph  shall  not  be  entitled  to a further rent
increase based upon the installation of similar equipment, or new furni-
ture or furnishings within the useful life of such new equipment, or new
furniture or furnishings.  Provided further that the  recoverable  costs
incurred by the landlord, pursuant to this subparagraph shall be limited
to an aggregate cost of fifteen thousand dollars that may be expended on
no  more  than  three  separate  individual  apartment improvements in a
fifteen year  period  BEGINNING  WITH  THE  FIRST  INDIVIDUAL  APARTMENT
IMPROVEMENT ON OR AFTER JUNE FOURTEENTH, TWO THOUSAND NINETEEN. Provided
further  that  increases  to  the  legal regulated rent pursuant to this
subparagraph shall be removed from the legal regulated rent thirty years
from the date the increase became effective inclusive of  any  increases
granted  by  the applicable rent guidelines board.  The owner shall give
written notice to the city rent agency of any such temporary  adjustment
pursuant to this subparagraph; or
  §  21. Paragraphs 8 and 12 of subdivision a of section 26-511.1 of the
administrative code of the city of New York, as added by  section  4  of

S. 6615                            34

part  K  of  chapter  36  of  the  laws  of 2019, are amended to read as
follows:
  (8) establish that temporary major capital improvement increases shall
be  collectible prospectively ON THE FIRST DAY OF THE FIRST MONTH BEGIN-
NING sixty days from the date of  mailing  notice  of  approval  to  the
tenant.  Such  notice  shall disclose the total monthly increase in rent
and the first month in which the tenant would be  required  to  pay  the
temporary  increase.  An approval for a temporary major capital improve-
ment increase shall not include retroactive payments. The collection  of
any increase shall not exceed two percent in any year from the effective
date  of  the order granting the increase over the rent set forth in the
schedule of gross rents, with collectability of any dollar excess  above
said  sum  to  be  spread forward in similar increments and added to the
rent as established or set in future years. Upon vacancy,  the  landlord
may add any remaining balance of the temporary major capital improvement
increase   to  the  legal  regulated  rent.  Notwithstanding  any  other
provision of the law, FOR ANY RENEWAL LEASE COMMENCING ON OR AFTER  JUNE
14,  2019, the collection of any rent increases due to any major capital
improvements approved on or after June 16, 2012 and before June 16, 2019
shall not exceed two percent in any year [beginning on or after  Septem-
ber  1,  2019] for any tenant in occupancy on the date the major capital
improvement was approved;
  (12) establish a form IN THE TOP  SIX  LANGUAGES  OTHER  THAN  ENGLISH
SPOKEN IN THE STATE ACCORDING TO THE LATEST AVAILABLE DATA FROM THE U.S.
BUREAU  OF  CENSUS for a temporary individual apartment improvement rent
increase for a tenant in occupancy which shall be used by  landlords  to
obtain  written  informed consent that shall include the estimated total
cost of the improvement and the estimated monthly rent increase.   [Such
consent  shall  be executed in the tenant's primary language.] Such form
shall be completed and preserved in the centralized electronic retention
system TO BE OPERATIONAL BY JUNE 14, 2020. Nothing herein shall  relieve
a landlord, lessor, or agent thereof of his or her duty to retain proper
documentation  of  all  improvements  performed  or  any  rent increases
resulting from said improvements.
  § 22. Paragraphs 8 and 12 of subdivision a of section 26-405.1 of  the
administrative  code  of  the city of New York, as added by section 5 of
part K of chapter 36 of the  laws  of  2019,  are  amended  to  read  as
follows:
  (8) establish that temporary major capital improvement increases shall
be  collectible prospectively ON THE FIRST DAY OF THE FIRST MONTH BEGIN-
NING sixty days from the date of  mailing  notice  of  approval  to  the
tenant.  Such  notice  shall disclose the total monthly increase in rent
and the first month in which the tenant would be  required  to  pay  the
temporary  increase.  An approval for a temporary major capital improve-
ment increase shall not include retroactive payments. The collection  of
any increase shall not exceed two percent in any year from the effective
date  of  the order granting the increase over the rent set forth in the
schedule of gross rents, with collectability of any dollar excess  above
said  sum  to  be  spread forward in similar increments and added to the
rent as established or set in future years. Upon vacancy,  the  landlord
may add any remaining balance of the temporary major capital improvement
increase   to  the  legal  regulated  rent.  Notwithstanding  any  other
provision of the law, FOR ANY RENEWAL LEASE COMMENCING ON OR AFTER  JUNE
14,  2019, the collection of any rent increases due to any major capital
improvements approved on or after June 16, 2012 and before June 16, 2019
shall not exceed two percent in any year [beginning on or after  Septem-

S. 6615                            35

ber  1,  2019] for any tenant in occupancy on the date the major capital
improvement was approved;
  (12)  establish  a  form  IN  THE TOP SIX LANGUAGES OTHER THAN ENGLISH
SPOKEN IN THE STATE ACCORDING TO THE LATEST AVAILABLE DATA FROM THE U.S.
BUREAU OF CENSUS for a temporary individual apartment  improvement  rent
increase  for  a tenant in occupancy which shall be used by landlords to
obtain written informed consent that shall include the  estimated  total
cost  of the improvement and the estimated monthly rent increase.  [Such
consent shall be executed in the tenant's primary language.]  Such  form
shall be completed and preserved in the centralized electronic retention
system  TO BE OPERATIONAL BY JUNE 14, 2020. Nothing herein shall relieve
a landlord, lessor, or agent thereof of his or her duty to retain proper
documentation of  all  improvements  performed  or  any  rent  increases
resulting from said improvements.
  §  23.  Paragraphs  8  and  12  of  subdivision (a) of section 10-b of
section 4 of chapter 576 of the laws of 1974, constituting the emergency
tenant protection act of nineteen seventy-four, as added by section 6 of
part K of chapter 36 of the  laws  of  2019,  are  amended  to  read  as
follows:
  8.  establish that temporary major capital improvement increases shall
be collectible prospectively ON THE FIRST DAY OF THE FIRST MONTH  BEGIN-
NING  sixty  days  from  the  date  of mailing notice of approval to the
tenant. Such notice shall disclose the total monthly  increase  in  rent
and  the  first  month  in which the tenant would be required to pay the
temporary increase. An approval for a temporary major  capital  improve-
ment  increase shall not include retroactive payments. The collection of
any increase shall not exceed two percent in any year from the effective
date of the order granting the increase over the rent set forth  in  the
schedule  of gross rents, with collectability of any dollar excess above
said sum to be spread forward in similar increments  and  added  to  the
rent  as  established or set in future years. Upon vacancy, the landlord
may add any remaining balance of the temporary major capital improvement
increase  to  the  legal  regulated  rent.  Notwithstanding  any   other
provision  of the law, FOR ANY RENEWAL LEASE COMMENCING ON OR AFTER JUNE
14, 2019, the collection of any rent increases due to any major  capital
improvements approved on or after June 16, 2012 and before June 16, 2019
shall  not exceed two percent in any year [beginning on or after Septem-
ber 1, 2019] for any tenant in occupancy on the date the  major  capital
improvement was approved;
  12.  establish  a  form  IN  THE  TOP SIX LANGUAGES OTHER THAN ENGLISH
SPOKEN IN THE STATE ACCORDING TO THE LATEST AVAILABLE DATA FROM THE U.S.
BUREAU OF CENSUS for a temporary individual apartment  improvement  rent
increase  for  a tenant in occupancy which shall be used by landlords to
obtain written informed consent that shall include the  estimated  total
cost  of the improvement and the estimated monthly rent increase.  [Such
consent shall be executed in the tenant's primary language.]  Such  form
shall be completed and preserved in the centralized electronic retention
system  TO BE OPERATIONAL BY JUNE 14, 2020. Nothing herein shall relieve
a landlord, lessor, or agent thereof of his or her duty to retain proper
documentation of  all  improvements  performed  or  any  rent  increases
resulting from said improvements.
  §  24. Paragraphs (h) and (l) of subdivision 1 of section 8-a of chap-
ter 274 of the laws of 1946, constituting  the  emergency  housing  rent
control  law,  as added by section 7 of part K of chapter 36 of the laws
of 2019, are amended to read as follows:

S. 6615                            36

  (h) establish that temporary major capital improvement increases shall
be collectible prospectively ON THE FIRST DAY OF THE FIRST MONTH  BEGIN-
NING  sixty  days  from  the  date  of mailing notice of approval to the
tenant. Such notice shall disclose the total monthly  increase  in  rent
and  the  first  month  in which the tenant would be required to pay the
temporary increase. An approval for a temporary major  capital  improve-
ment  increase shall not include retroactive payments. The collection of
any increase shall not exceed two percent in any year from the effective
date of the order granting the increase over the rent set forth  in  the
schedule  of gross rents, with collectability of any dollar excess above
said sum to be spread forward in similar increments  and  added  to  the
rent  as  established or set in future years. Upon vacancy, the landlord
may add any remaining balance of the temporary major capital improvement
increases  to  the  legal  regulated  rent.  Notwithstanding  any  other
provision  of the law, FOR ANY RENEWAL LEASE COMMENCING ON OR AFTER JUNE
14, 2019, the collection of any rent increases due to any major  capital
improvements approved on or after June 16, 2012 and before June 16, 2019
shall  not exceed two percent in any year [beginning on or after Septem-
ber 1, 2019] for any tenant in occupancy on the date the  major  capital
improvement was approved;
  (l)  establish  a  form  IN  THE  TOP SIX LANGUAGES OTHER THAN ENGLISH
SPOKEN IN THE STATE ACCORDING TO THE LATEST AVAILABLE DATA FROM THE U.S.
BUREAU OF CENSUS for a temporary individual apartment  improvement  rent
increase  for  a tenant in occupancy which shall be used by landlords to
obtain written informed consent that shall include the  estimated  total
cost  of the improvement and the estimated monthly rent increase.  [Such
consent shall be executed in the tenant's primary language.]  Such  form
shall be completed and preserved in the centralized electronic retention
system  TO BE OPERATIONAL BY JUNE 14, 2020. Nothing herein shall relieve
a landlord, lessor, or agent thereof of his or her duty to retain proper
documentation of  all  improvements  performed  or  any  rent  increases
resulting from said improvements.
  § 25. Subparagraph 7 of the second undesignated paragraph of paragraph
(a)  of  subdivision  4 of section 4 of chapter 274 of the laws of 1946,
constituting the emergency housing  rent  control  law,  as  amended  by
section  8  of  part  K of chapter 36 of the laws of 2019, is amended to
read as follows:
  (7) there has been since March first, nineteen hundred fifty, a  major
capital  improvement  essential for the preservation, energy efficiency,
functionality, or infrastructure of the entire building, improvement  of
the  structure  including  heating,  windows,  plumbing and roofing, but
shall not be for operational costs or unnecessary cosmetic improvements;
which for any order of the commissioner issued after the effective  date
of  the  chapter  of the laws of two thousand nineteen that amended this
paragraph the cost of such improvement shall be amortized over a twelve-
year period for buildings with thirty-five or fewer units  or  a  twelve
and one-half year period for buildings with more than thirty-five units,
and shall be removed from the legal regulated rent thirty years from the
date the increase became effective inclusive of any increases granted by
the  applicable rent guidelines board.  Temporary major capital improve-
ment increases shall be collectible prospectively ON THE  FIRST  DAY  OF
THE  FIRST MONTH BEGINNING sixty days from the date of mailing notice of
approval to the tenant. Such notice shall  disclose  the  total  monthly
increase  in  rent  and  the  first  month  in which the tenant would be
required to pay the temporary increase.  An  approval  for  a  temporary
major   capital  improvement  increase  shall  not  include  retroactive

S. 6615                            37

payments. The collection of any increase shall not exceed two percent in
any year from the effective date of the order granting the increase over
the rent set forth in the schedule of gross rents,  with  collectability
of  any  dollar  excess  above  said sum to be spread forward in similar
increments and added to the rent as established or set in future  years.
Upon  vacancy,  the landlord may add any remaining balance of the tempo-
rary major capital improvement increase to  the  legal  regulated  rent.
Notwithstanding  any  other  provision of the law, FOR ANY RENEWAL LEASE
COMMENCING ON OR AFTER  JUNE  14,  2019,  the  collection  of  any  rent
increases  due  to  any  major capital improvements approved on or after
June 16, 2012 and before June 16, 2019 shall not exceed two  percent  in
any  year  [beginning  on  or after September 1, 2019] for any tenant in
occupancy on the date the major capital improvement was approved; or
  § 26. Paragraph 3 of subdivision d of section 6 of section 4 of  chap-
ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
protection act of nineteen seventy-four, as amended by section 9 of part
K of chapter 36 of the laws of 2019, is amended to read as follows:
  (3) there has been since January first, nineteen hundred  seventy-four
a major capital improvement essential for the preservation, energy effi-
ciency,   functionality,  or  infrastructure  of  the  entire  building,
improvement of the structure including heating,  windows,  plumbing  and
roofing,  but  shall  not be for operation costs or unnecessary cosmetic
improvements. An adjustment under this paragraph shall be in  an  amount
sufficient  to  amortize  the  cost of the improvements pursuant to this
paragraph over a twelve-year period for a building with  thirty-five  or
fewer  housing  accommodations,  or  a  twelve and one-half period for a
building with more than thirty-five housing accommodations and shall  be
removed  from  the  legal  regulated rent thirty years from the date the
increase became effective inclusive of  any  increases  granted  by  the
applicable  rent  guidelines  board, for any determination issued by the
division of housing and community renewal after the  effective  date  of
the chapter of the laws of two thousand nineteen that amended this para-
graph[;  the].  TEMPORARY  MAJOR  CAPITAL IMPROVEMENT INCREASES SHALL BE
COLLECTABLE PROSPECTIVELY ON THE FIRST DAY OF THE FIRST MONTH  BEGINNING
SIXTY  DAYS  FROM  THE DATE OF MAILING NOTICE OF APPROVAL TO THE TENANT.
SUCH NOTICE SHALL DISCLOSE THE TOTAL MONTHLY INCREASE IN  RENT  AND  THE
FIRST  MONTH  IN WHICH THE TENANT WOULD BE REQUIRED TO PAY THE TEMPORARY
INCREASE. AN APPROVAL FOR A TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASE
SHALL NOT INCLUDE RETROACTIVE PAYMENTS. THE collection of  any  increase
shall  not exceed two percent in any year from the effective date of the
order granting the increase over the rent set forth in the  schedule  of
gross  rents, with collectability of any dollar excess above said sum to
be spread forward in similar increments and added to the rent as  estab-
lished  or  set in future years.  Upon vacancy, the landlord may add any
remaining balance of the temporary major capital improvement increase to
the legal regulated rent. Notwithstanding any  other  provision  of  the
law, the collection of any rent increases FOR ANY RENEWAL LEASE COMMENC-
ING  ON  OR  AFTER  JUNE 14, 2019, due to any major capital improvements
approved on or after June 16, 2012 and before June 16,  2019  shall  not
exceed two percent in any year [beginning on or after September 1, 2019]
for  any  tenant  in occupancy on the date the major capital improvement
was approved, or
  § 27. Subparagraph (g) of paragraph 1  of  subdivision  g  of  section
26-405 of the administrative code of the city of New York, as amended by
section  10  of  part K of chapter 36 of the laws of 2019, is amended to
read as follows:

S. 6615                            38

  (g) There has been since July first, nineteen hundred seventy, a major
capital improvement essential for the  preservation  energy  efficiency,
functionality,  or infrastructure of the entire building, improvement of
the structure including heating, windows, plumbing and roofing but shall
not  be for operational costs or unnecessary cosmetic improvements.  The
temporary increase based upon a major  capital  improvement  under  this
subparagraph  for  any order of the commissioner issued after the effec-
tive date of the chapter of the  laws  of  two  thousand  nineteen  that
amended  this  subparagraph shall be in an amount sufficient to amortize
the cost of the improvements pursuant to this subparagraph  (g)  over  a
twelve-year  period  for  buildings with thirty-five or fewer units or a
twelve and one-half year period for buildings with more than thirty-five
units, and shall be removed from the legal regulated rent  thirty  years
from  the  date the increase became effective inclusive of any increases
granted by the applicable rent guidelines board.  Temporary major  capi-
tal  improvement  increases  shall  be  collectible prospectively ON THE
FIRST DAY OF THE FIRST MONTH BEGINNING sixty days from the date of mail-
ing notice of approval to the tenant. Such  notice  shall  disclose  the
total  monthly  increase in rent and the first month in which the tenant
would be required to pay the  temporary  increase.  An  approval  for  a
temporary  major capital improvement increase shall not include retroac-
tive payments. The collection of  any  increase  shall  not  exceed  two
percent  in  any  year from the effective date of the order granting the
increase over the rent set forth in the schedule of  gross  rents,  with
collectability  of any dollar excess above said sum to be spread forward
in similar increments and added to the rent as  established  or  set  in
future  years.  Upon vacancy, the landlord may add any remaining balance
of the temporary major capital improvement increase to the  legal  regu-
lated  rent.  Notwithstanding  any  other  provision of the law, FOR ANY
RENEWAL LEASE COMMENCING ON OR AFTER JUNE 14, 2019,  the  collection  of
any  rent increases due to any major capital improvements approved on or
after June 16, 2012 and before  June  16,  2019  shall  not  exceed  two
percent  in  any  year [beginning on or after September 1, 2019] for any
tenant in occupancy on  the  date  the  major  capital  improvement  was
approved, or
  §  28.  Paragraph 6 of subdivision c of section 26-511 of the adminis-
trative code of the city of New York, as amended by section 11 of part K
of chapter 36 of the laws of 2019, is amended to read as follows:
  (6) provides criteria whereby the commissioner may act  upon  applica-
tions  by  owners  for  increases  in  excess  of the level of fair rent
increase established under this law provided, however, that such  crite-
ria  shall  provide  (a) as to hardship applications, for a finding that
the level of fair rent increase is not sufficient to enable the owner to
maintain approximately the same average annual net income  (which  shall
be  computed  without regard to debt service, financing costs or manage-
ment fees) for the three year period ending on or within six  months  of
the  date  of  an application pursuant to such criteria as compared with
annual net income, which prevailed on the average over the period  nine-
teen  hundred  sixty-eight  through nineteen hundred seventy, or for the
first three years of operation if the building was completed since nine-
teen hundred sixty-eight or for the first three  fiscal  years  after  a
transfer of title to a new owner provided the new owner can establish to
the  satisfaction  of  the commissioner that he or she acquired title to
the building as a result of a bona fide sale of the entire building  and
that  the new owner is unable to obtain requisite records for the fiscal
years nineteen hundred  sixty-eight  through  nineteen  hundred  seventy

S. 6615                            39

despite  diligent  efforts to obtain same from predecessors in title and
further provided that the new owner can provide financial data  covering
a  minimum  of  six  years under his or her continuous and uninterrupted
operation  of  the building to meet the three year to three year compar-
ative test periods herein provided; and (b) as  to  completed  building-
wide  major  capital  improvements, for a finding that such improvements
are deemed depreciable under the Internal Revenue Code and that the cost
is to be amortized over a twelve-year period for a building  with  thir-
ty-five  or  fewer housing accommodations, or a twelve and one-half-year
period for a building with more than thirty-five housing accommodations,
for any determination issued by the division of  housing  and  community
renewal  after  the effective date of the the chapter of the laws of two
thousand nineteen that amended this paragraph and shall be removed  from
the  legal regulated rent thirty years from the date the increase became
effective inclusive of any increases  granted  by  the  applicable  rent
guidelines  board.   Temporary major capital improvement increases shall
be collectible prospectively ON THE FIRST DAY OF THE FIRST MONTH  BEGIN-
NING  sixty  days  from  the  date  of mailing notice of approval to the
tenant. Such notice shall disclose the total monthly  increase  in  rent
and  the  first  month  in which the tenant would be required to pay the
temporary increase. An approval for a temporary major  capital  improve-
ment  increase shall not include retroactive payments. The collection of
any increase shall not exceed two percent in any year from the effective
date of the order granting the increase over the rent set forth  in  the
schedule  of gross rents, with collectability of any dollar excess above
said sum to be spread forward in similar increments  and  added  to  the
rent  as  established or set in future years. Upon vacancy, the landlord
may add any remaining balance of the temporary major capital improvement
increase  to  the  legal  regulated  rent.  Notwithstanding  any   other
provision  of the law, FOR ANY RENEWAL LEASE COMMENCING ON OR AFTER JUNE
14, 2019, the collection of any rent increases due to any major  capital
improvements approved on or after June 16, 2012 and before June 16, 2019
shall  not exceed two percent in any year [beginning on or after Septem-
ber 1, 2019] for any tenant in occupancy on the date the  major  capital
improvement  was approved or based upon cash purchase price exclusive of
interest or service charges. Notwithstanding anything  to  the  contrary
contained  herein,  no  hardship increase granted pursuant to this para-
graph shall, when added to the annual gross rents, as determined by  the
commissioner, exceed the sum of, (i) the annual operating expenses, (ii)
an  allowance for management services as determined by the commissioner,
(iii) actual annual mortgage debt service (interest and amortization) on
its indebtedness to a  lending  institution,  an  insurance  company,  a
retirement  fund or welfare fund which is operated under the supervision
of the banking or insurance laws of the state of New York or the  United
States,  and (iv) eight and one-half percent of that portion of the fair
market value of the property which exceeds the unpaid  principal  amount
of  the  mortgage indebtedness referred to in subparagraph (iii) of this
paragraph. Fair market value for the purposes of this paragraph shall be
six times the annual gross rent. The collection of any increase  in  the
stabilized  rent  for any apartment pursuant to this paragraph shall not
exceed six percent in any year from the  effective  date  of  the  order
granting  the  increase over the rent set forth in the schedule of gross
rents, with collectability of any dollar excess above  said  sum  to  be
spread forward in similar increments and added to the stabilized rent as
established or set in future years;

S. 6615                            40

  §  29.  Subdivision  (c)  of section 18 of part K of chapter 36 of the
laws of 2019, amending the emergency tenant protection act  of  nineteen
seventy-four  and other laws relating to a temporary increase in rent in
certain cases, is amended to read as follows:
  (c)  [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  and] AND AFTER JUNE 14, 2019 ARE
directed to be made IMMEDIATELY and completed on or before [such  effec-
tive  date]  JUNE 14, 2020, PROVIDED HOWEVER THAT IN THE ABSENCE OF SUCH
RULES AND REGULATIONS,  THE  DIVISION  SHALL  IMMEDIATELY  COMMENCE  AND
CONTINUE IMPLEMENTATION OF ALL PROVISIONS OF THIS ACT.
  §  30. Subdivision 2 of section 20 of the public housing law, as added
by section 2 of part L of chapter 36 of the laws of 2019, is amended  to
read as follows:
  2.  The  commissioner  shall,  on or before December thirty-first, two
thousand nineteen, and on or before December thirty-first in each subse-
quent year, submit and make publicly available a report to the governor,
the temporary president of the senate, the speaker of the assembly,  and
on  its  website, on the implementation of the system of rent regulation
pursuant to chapter five hundred seventy-six of  the  laws  of  nineteen
hundred  seventy-four,  chapter  two hundred seventy four of the laws of
nineteen hundred forty-six, chapter three  hundred  twenty-nine  of  the
laws of nineteen hundred sixty-three, chapter five hundred fifty-five of
the laws of nineteen hundred eighty-two, chapter four hundred two of the
laws  of  nineteen  hundred eighty-three, chapter one hundred sixteen of
the laws of nineteen hundred ninety-seven, sections 26-501, 26-502,  and
26-520  of the administrative code of the city of New York and the hous-
ing stability and tenant protection act of  2019.    Such  report  shall
include  but  not be limited to: a narrative describing the programs and
activities undertaken by the  office  of  rent  administration  and  the
tenant  protection unit, and any other programs or activities undertaken
by the division to implement, administer, and enforce the system of rent
regulation; and in tabular format, for each of the  three  fiscal  years
immediately preceding the date the report is due: (i) the number of rent
stabilized housing accommodations within each county; (ii) the number of
rent  controlled  housing  accommodations  within each county; (iii) the
number of applications for major capital  improvements  filed  with  the
division,  the  number  of  such applications approved as submitted, the
number of such applications approved with modifications, and the  number
of  such applications rejected; (iv) the median and mean value of appli-
cations for major capital improvements approved; (v) the number of units
which were registered with the division where the amount charged to  and
paid  by  the  tenant  was less than the registered rent for the housing
accommodation; (vi) for housing accommodations that were registered with
the division where the amount charged to and paid by the tenant was less
than the registered rent for the housing accommodation, the  median  and
mean  difference between the registered rent for a housing accommodation
and the amount charged to and paid by the tenant; (vii) the  median  and
mean  registered rent for housing accommodations for which the lease was
renewed by an existing tenant; (viii) the  median  and  mean  registered
rent  for  housing  accommodations for which a lease was signed by a new
tenant after a vacancy; (ix) the median and mean  increase,  in  dollars
and  as  a percentage, in the registered rent for housing accommodations
where the lease was signed by a new tenant  after  a  vacancy;  (x)  the
median  and mean increase, in dollars and as a percentage, in the regis-
tered rent for housing accommodations where the lease was  signed  by  a

S. 6615                            41

new  tenant after a vacancy, where the amount changed to and paid by the
prior tenant was the full registered rent;  (xi)  the  median  and  mean
increase,  in  dollars  and  as a percentage, in the registered rent for
housing  accommodations where the lease was signed by a new tenant after
a vacancy, where the amount changed to and paid by the prior tenant  was
less  than  the  registered  rent;  (xii)  the number of rent overcharge
complaints processed by the division; (xiii) the number of  final  over-
charge orders granting an overcharge; (xiv) the number of investigations
commenced  by  the  tenant protection unit, the aggregate number of rent
stabilized or rent controlled housing accommodations in each county that
were the subject of such investigations, and the  dispositions  of  such
investigations.  At  the  time the report is due, the commissioner shall
make available to the governor, the temporary president of  the  senate,
the  speaker  of the assembly, and shall make publicly available, and on
its website in machine readable format, the data used  to  tabulate  the
figures  required  to be included in the report, taking any steps neces-
sary to protect  confidential  information  regarding  ONGOING  INVESTI-
GATIONS,  individual buildings, housing accommodations, property owners,
and tenants.
  § 31. Subdivision 2 of section 226-c of  the  real  property  law,  as
added  by  section  3  of  part  M of chapter 36 of the laws of 2019, is
amended to read as follows:
  2. (a) FOR THE PURPOSES OF THIS SECTION, THE REQUIRED NOTICE SHALL  BE
BASED ON THE CUMULATIVE AMOUNT OF TIME THE TENANT HAS OCCUPIED THE RESI-
DENCE OR THE LENGTH OF THE TENANCY IN EACH LEASE, WHICHEVER IS LONGER.
  (B)  If  the  tenant  has occupied the unit for less than one year and
does not have a lease term of at least  one  year,  the  landlord  shall
provide at least thirty days' notice.
  [(b)]  (C)  If the tenant has occupied the unit for more than one year
but less than two years, or has a lease term of at least  one  year  but
less  than  two  years,  the landlord shall provide at least sixty days'
notice.
  [(c)] (D) If the tenant has occupied the unit for more than two  years
or has a lease term of at least two years, the landlord shall provide at
least ninety days' notice.
  §  32. Section 232-a of the real property law, as amended by section 6
of part M of chapter 36 of the laws of  2019,  is  amended  to  read  as
follows:
  §  232-a. Notice to terminate monthly tenancy or tenancy from month to
month in the city of New York. No monthly tenant, or tenant  from  month
to  month, shall hereafter be removed from any lands or buildings in the
city of New York on the grounds of holding over the tenant's term unless
pursuant to the notice period required by subdivision two of section two
hundred twenty-six-c of this article, OR FOR  A  TENANCY  OTHER  THAN  A
RESIDENTIAL  TENANCY  AT  LEAST THIRTY DAYS BEFORE THE EXPIRATION OF THE
TERM, the landlord or the landlord's agent serve upon the tenant, in the
same manner in which a notice of petition in summary proceedings is  now
allowed  to be served by law, a notice in writing to the effect that the
landlord elects to terminate the tenancy  and  that  unless  the  tenant
removes  from  such  premises  on  the day designated in the notice, the
landlord will commence summary proceedings under the statute  to  remove
such tenant therefrom.
  §  33. Section 232-b of the real property law, as amended by section 7
of part M of chapter 36 of the laws of  2019,  is  amended  to  read  as
follows:

S. 6615                            42

  §  232-b.  Notification  to  terminate monthly tenancy or tenancy from
month to month outside the city of New York. A monthly tenancy or tenan-
cy from month to month of any lands or buildings located outside of  the
city  of New York may be terminated by the tenant OR FOR A TENANCY OTHER
THAN  A RESIDENTIAL TENANCY THE LANDLORD, upon the tenant's OR NON-RESI-
DENTIAL LANDLORD'S notifying the landlord OR NON-RESIDENTIAL  TENANT  at
least  one  month  before  the  expiration  of  the term of the tenant's
election to terminate; provided, however, that no notification shall  be
necessary to terminate a tenancy for a definite term.
  § 34. Section 29 of part M of chapter 36 of the laws of 2019, amending
the  real  property  law,  and  other  laws, in relation to enacting the
"statewide housing security and  tenant  protection  act  of  2019",  is
amended to read as follows:
  §  29.  This  act  shall  take  effect  immediately and shall apply to
actions and proceedings commenced  on  or  after  such  effective  date;
provided,  however, that sections three, six and seven shall take effect
on the one hundred twentieth day after this act shall have become a law;
provided, further, that section  twenty-five  of  this  act  shall  take
effect  on  the thirtieth day after this act shall have become a law and
shall apply to any lease or rental agreement or renewal of  a  lease  or
rental  agreement  entered  into  on  or after such date; and, provided,
further, [section] SECTIONS five, FOURTEEN,  SIXTEEN  AND  SEVENTEEN  of
this  act  shall  take  effect on the thirtieth day after this act shall
have become a law.
  § 35. Paragraph 2 of subdivision y of section 233 of the real property
law, as added by section 9 of part O of chapter 36 of the laws of  2019,
is amended to read as follows:
  2.  Every  rent-to-own  contract shall be in writing and clearly state
all terms, including but not limited to: a description of the home to be
leased, including the name of the manufacturer, the  serial  number  and
the  year of manufacture; the site number upon which the home is located
in the manufactured home park; an itemized statement of any payments  to
be made during the term of the contract, including the initial lot rent,
the  rental  amount  for  the  home,  and  the amount of the rent-to-own
payments; the term of the agreement; the number of  payments,  itemized,
required to be made over the term of the agreement; [the annual percent-
age rate of the amount financed] ANY LIEN OR SECURITY INTEREST ENCUMBER-
ING  THE  MANUFACTURED  OR MOBILE HOME, if applicable; and the amount of
any additional fees to be paid during the term. A  rent-to-own  contract
shall  not require a manufactured home tenant to pay any additional fees
for transfer of ownership at the end of the lease period. A  rent-to-own
contract  shall provide that where the rent-to-own tenant pays all rent-
to-own payments and other fees established in the  contract  during  the
lease term, title transferred at the end of the lease term shall be free
of superior interests, liens or encumbrances.
  § 36. Subparagraph 5 of the second undesignated paragraph of paragraph
(a)  of  subdivision  4 of section 4 of chapter 274 of the laws of 1946,
constituting the emergency housing  rent  control  law,  as  amended  by
section  25  of  part B of chapter 97 of the laws of 2011, is amended to
read as follows:
  (5) the landlord and  tenant  by  mutual  voluntary  written  INFORMED
agreement  agree to a substantial increase or decrease in dwelling space
[or a change in  the  services],  furniture,  furnishings  or  equipment
provided  in the housing accommodations; provided that an owner shall be
entitled to a rent increase where there has been a substantial modifica-
tion or increase of dwelling space [or an increase in the services],  or

S. 6615                            43

installation  of  new  equipment  or  improvements  or  new furniture or
furnishings provided in or to  a  tenant's  housing  accommodation.  The
[permanent]  TEMPORARY  increase  in  the  maximum rent for the affected
housing  accommodation  shall  be  [one-fortieth] ONE-ONE HUNDRED SIXTY-
EIGHTH, in the case of a building  with  thirty-five  or  fewer  housing
accommodations, or [one-sixtieth] ONE-ONE HUNDRED EIGHTIETH, in the case
of  a  building  with more than thirty-five housing accommodations where
such [permanent] increase takes effect on or  after  [September  twenty-
fourth,  two thousand eleven, of the total cost incurred by the landlord
in providing such modification or increase in dwelling space,  services,
furniture, furnishings or equipment, including the cost of installation,
but  excluding finance charges provided] THE EFFECTIVE DATE OF THE CHAP-
TER OF THE LAWS OF TWO THOUSAND NINETEEN THAT AMENDED THIS SUBPARAGRAPH,
OF THE TOTAL ACTUAL COST INCURRED BY THE LANDLORD UP TO FIFTEEN THOUSAND
DOLLARS IN PROVIDING SUCH  REASONABLE  AND  VERIFIABLE  MODIFICATION  OR
INCREASE  IN  DWELLING  SPACE,  FURNITURE,  FURNISHINGS,  OR  EQUIPMENT,
INCLUDING THE COST OF INSTALLATION BUT EXCLUDING FINANCE CHARGES AND ANY
COSTS THAT EXCEED REASONABLE COSTS ESTABLISHED BY RULES AND  REGULATIONS
PROMULGATED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL. SUCH RULES
AND  REGULATIONS  SHALL INCLUDE: (I) REQUIREMENTS FOR WORK TO BE DONE BY
LICENSED CONTRACTORS AND A PROHIBITION ON COMMON OWNERSHIP  BETWEEN  THE
LANDLORD  AND  THE CONTRACTOR OR VENDOR; AND (II) A REQUIREMENT THAT THE
OWNER RESOLVE WITHIN THE DWELLING SPACE  ALL  OUTSTANDING  HAZARDOUS  OR
IMMEDIATELY  HAZARDOUS  VIOLATIONS  OF  THE  UNIFORM FIRE PREVENTION AND
BUILDING CODE (UNIFORM CODE), NEW YORK CITY FIRE CODE, OR NEW YORK  CITY
BUILDING  AND HOUSING MAINTENANCE CODES, IF APPLICABLE. PROVIDED further
that an owner who is entitled to a rent increase pursuant to this clause
shall not be entitled to a further rent increase based upon the  instal-
lation  of similar equipment, or new furniture or furnishings within the
useful life of such new equipment,  or  new  furniture  or  furnishings.
PROVIDED  FURTHER  THAT  THE RECOVERABLE COSTS INCURRED BY THE LANDLORD,
PURSUANT TO THIS SUBPARAGRAPH, SHALL BE LIMITED TO AN AGGREGATE COST  OF
FIFTEEN  THOUSAND  DOLLARS  THAT  MAY  BE EXPENDED ON NO MORE THAN THREE
SEPARATE INDIVIDUAL APARTMENT IMPROVEMENTS  IN  A  FIFTEEN  YEAR  PERIOD
BEGINNING  WITH  THE  FIRST INDIVIDUAL APARTMENT IMPROVEMENT ON OR AFTER
JUNE FOURTEENTH, TWO THOUSAND NINETEEN. PROVIDED FURTHER THAT  INCREASES
TO  THE LEGAL REGULATED RENT PURSUANT TO THIS PARAGRAPH SHALL BE REMOVED
FROM THE LEGAL REGULATED RENT THIRTY YEARS FROM THE  DATE  THE  INCREASE
BECAME  EFFECTIVE  INCLUSIVE  OF ANY INCREASES GRANTED BY THE APPLICABLE
RENT GUIDELINES BOARD. The  owner  shall  give  written  notice  to  the
commission of any such adjustment pursuant to this clause; or
  §  37. Severability clause. If any clause, sentence, paragraph, subdi-
vision, or section of this act shall be adjudged by any court of  compe-
tent jurisdiction to be invalid, such judgment shall not affect, impair,
or invalidate the remainder thereof, but shall be confined in its opera-
tion  to  the  clause, sentence, paragraph, subdivision, section 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.
  §  38.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on the same  date  and  in  the  same
manner  as chapter 36 of the laws of 2019 took effect; provided, further
that:
  (a) the amendments to chapter 4 of title 26 of the administrative code
of the city of New York made by sections one,  twelve,  fourteen,  nine-

S. 6615                            44

teen,  twenty-one  and twenty-eight of this act shall expire on the same
date as such chapter expires and shall not affect the expiration of such
chapter as provided under section 26-520 of such law; and
  (b)  the  amendments  to sections 26-405 and 26-405.1 of the city rent
and rehabilitation law made by sections twenty, twenty-two  and  twenty-
seven  of this act shall remain in full force and effect only as long as
the public emergency requiring the regulation and control of residential
rents and evictions continues, as provided in subdivision 3 of section 1
of the local emergency housing rent control act; and
  (c) sections thirty-one, thirty-two and thirty-three of this act shall
take effect on the same date and in the same manner as sections 3, 6 and
7 of part M of chapter 36 of the laws of 2019, enacting  the  "statewide
housing  security  and  tenant protection act of 2019", takes effect and
shall apply to actions and proceedings commenced on or after such effec-
tive date; and
  (d) section thirty-five of this act shall take effect on the same date
and in the same manner as section 9 of part O of chapter 36 of the  laws
of 2019, takes effect.

                                 PART R

  Section 1. Subparagraph (i) of paragraph 1 of subdivision b of section
1612  of the tax law, as amended by section 1 of part I of chapter 61 of
the laws of 2017, is amended to read as follows:
  (i) less ten percent of the total revenue  wagered  after  payout  for
prizes to be retained by the division for operation, administration, and
procurement  purposes,  provided, however, a vendor track located within
Oneida county, within fifteen miles  of  a  Native  American  class  III
gaming  facility,  that  has maintained at least ninety percent of full-
time equivalent employees as they employed  in  the  year  two  thousand
sixteen,  may, FOR EACH QUARTER THIS SUBPARAGRAPH IS EFFECTIVE, withhold
up to seventy-five percent of such funds for operational expenses  [upon
a  determination  by the gaming commission that such funds are necessary
to sustain operation of such vendor track] PROVIDED  SUCH  VENDOR  TRACK
HAS FILED AN AFFIRMATION WITH THE GAMING COMMISSION CERTIFYING THAT THIS
ADDITIONAL  AMOUNT  IS  NECESSARY TO RAISE REVENUES TO THE SAME LEVEL AS
EXPENSES DURING THE PREVIOUS QUARTER;
  § 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after June 29, 2017; provided,
however,  that  the  amendments  to  subparagraph  (i) of paragraph 1 of
subdivision b of section 1612 of the tax law made by section one of this
act shall not affect the expiration and reversion of  such  subparagraph
and shall expire and revert therewith.

                                 PART S

  Section  1. Clause (B) of subparagraph (ii) of paragraph 1 of subdivi-
sion b of section 1612 of the  tax  law  is  amended  by  adding  a  new
subclause 5 to read as follows:
  (5)  FORTY-NINE PERCENT FOR A VIDEO LOTTERY GAMING FACILITY AUTHORIZED
PURSUANT TO PARAGRAPH FIVE OF SUBDIVISION A OF SECTION  SIXTEEN  HUNDRED
SEVENTEEN-A OF THIS ARTICLE;
  §  1-a. Clause (A) of subparagraph (iii) of paragraph 1 of subdivision
b of section 1612 of the tax law, as added by section 1 of  part  EE  of
chapter 59 of the laws of 2019, is amended to read as follows:

S. 6615                            45

  (A)  when  a  vendor track is located within REGION ONE AND IS LOCATED
WITHIN ORANGE COUNTY OR region two of development zone two, as such zone
is defined in section thirteen hundred ten of  the  racing,  pari-mutuel
wagering  and  breeding  law,  or  is  located within region six of such
development  zone  two  and  is located within Ontario county, the addi-
tional vendor fee received by  the  vendor  track  shall  be  calculated
pursuant  to subclause one of this clause; provided, however, such addi-
tional vendor fee shall not exceed ten percent.
  § 2. Paragraph 2 of subdivision b of section 1612 of the tax  law,  as
amended  by  section  1 of part OO of chapter 59 of the laws of 2014, is
amended to read as follows:
  2. As consideration for the operation of a video lottery gaming facil-
ity, the division, shall cause the investment in the racing industry  of
a  portion  of the vendor fee received pursuant to paragraph one of this
subdivision in the manner set forth  in  this  subdivision.    With  the
exception of Aqueduct racetrack, A VIDEO LOTTERY GAMING FACILITY AUTHOR-
IZED  PURSUANT  TO  PARAGRAPH  FIVE  OF SUBDIVISION A OF SECTION SIXTEEN
HUNDRED SEVENTEEN-A OF THIS ARTICLE or  a  facility  in  the  county  of
Nassau  or  Suffolk  operated  by  a corporation established pursuant to
section five hundred two of the racing, pari-mutuel wagering and  breed-
ing  law,  each  such track shall dedicate a portion of its vendor fees,
received pursuant to clause (A), (B), (B-1), (B-2), (C), OR  (D)[,  (E),
(F),  or (G)] of subparagraph (ii) of paragraph one of this subdivision,
for the purpose of enhancing purses at such track, in an amount equal to
eight and three-quarters percent of the total  revenue  wagered  at  the
vendor  track  after  pay out for prizes. One percent of the gross purse
enhancement amount, as required by this subdivision, shall  be  paid  to
the  gaming  commission  to  be  used  exclusively to promote and ensure
equine health and safety in New York. Any portion of such funding to the
gaming commission unused during a fiscal year shall be returned  to  the
video  lottery  gaming  operators on a pro rata basis in accordance with
the amounts originally contributed by each operator and  shall  be  used
for  the  purpose  of  enhancing  purses at such track. One and one-half
percent of the gross purse enhancement amount at a  thoroughbred  track,
as required by this subdivision, shall be paid to an account established
pursuant  to section two hundred twenty-one-a of the racing, pari-mutuel
wagering and breeding law to  be  used  exclusively  to  provide  health
insurance for jockeys. In addition, with the exception of Aqueduct race-
track,  A VIDEO LOTTERY GAMING FACILITY AUTHORIZED PURSUANT TO PARAGRAPH
FIVE OF SUBDIVISION A OF SECTION SIXTEEN  HUNDRED  SEVENTEEN-A  OF  THIS
ARTICLE  or  a facility in the county of Nassau or Suffolk operated by a
corporation established pursuant to section  five  hundred  two  of  the
racing,  pari-mutuel  wagering  and  breeding  law,  one and one-quarter
percent of total revenue wagered at the vendor track after pay  out  for
prizes,  received  pursuant  to  clause  (A), (B), (B-1), (B-2), (C), OR
(D)[, (E), (F), or (G)] of subparagraph (ii) of paragraph  one  of  this
subdivision,  shall  be distributed to the appropriate breeding fund for
the manner of racing conducted by such track.
  Provided, further, that nothing in this paragraph shall  prevent  each
track  from  entering  into an agreement, not to exceed five years, with
the organization authorized to represent its  horsemen  to  increase  or
decrease  the portion of its vendor fee dedicated to enhancing purses at
such track during the years of participation by such track, or  to  race
fewer dates than required herein.
  § 3. Subdivision h of section 1612 of the tax law, as amended by chap-
ter 174 of the laws of 2013, is amended to read as follows:

S. 6615                            46

  h.  As  consideration  for  the  operation  of  a video lottery gaming
[resort] facility located in [Sullivan county] ORANGE COUNTY, the  divi-
sion  shall cause the investment in the racing industry at the following
amount from the vendor fee to be paid as follows:
  As amount to the horsemen for purses at a licensed racetrack in Sulli-
van  county  [and  to  the agriculture and New York state horse breeding
development fund to maintain racing support payments at the same  dollar
levels realized in two thousand thirteen, to be adjusted by the consumer
price index for all urban consumers, as published annually by the United
States  department  of  labor  bureau  of labor statistics] IN AN AMOUNT
EQUAL TO EIGHT AND THREE-QUARTERS PERCENT OF THE TOTAL  REVENUE  WAGERED
AT  THE  VIDEO  LOTTERY  GAMING  FACILITY, AFTER PAY OUT FOR PRIZES. THE
FACILITY LOCATED IN ORANGE COUNTY,  AS  DEFINED  IN  PARAGRAPH  FIVE  OF
SUBDIVISION  A  OF  SECTION  SIXTEEN HUNDRED SEVENTEEN-A OF THIS ARTICLE
SHALL PAY TO THE HORSEMEN AT A LICENSED RACETRACK AT  YONKERS  RACETRACK
AN AMOUNT TO MAINTAIN PURSES FOR SUCH HORSEMEN AT THE SAME DOLLAR LEVELS
REALIZED  IN TWO THOUSAND EIGHTEEN, TO BE ADJUSTED BY THE CONSUMER PRICE
INDEX FOR ALL URBAN CONSUMERS,  AS  PUBLISHED  ANNUALLY  BY  THE  UNITED
STATES  DEPARTMENT OF LABOR BUREAU OF LABOR STATISTICS. IN ADDITION, ONE
AND ONE-QUARTER PERCENT OF TOTAL REVENUE WAGERED AT  THE  VIDEO  LOTTERY
GAMING  FACILITY  AFTER  PAY OUT FOR PRIZES, RECEIVED PURSUANT TO CLAUSE
(B) OF SUBPARAGRAPH (II) OF PARAGRAPH  ONE  OF  SUBDIVISION  B  OF  THIS
SECTION,  SHALL  BE DISTRIBUTED TO THE APPROPRIATE BREEDING FUND FOR THE
MANNER OF RACING CONDUCTED BY SUCH TRACK. In no circumstance  shall  net
proceeds  of  the  lottery,  including  the  proceeds from video lottery
gaming, be used for the payment of non-lottery expenses  of  the  gaming
commission, administrative or otherwise.
  §  4.  Subdivision  a  of  section 1617-a of the tax law is amended by
adding three new paragraphs 5, 6, and 7 to read as follows:
  (5) AT A FACILITY LOCATED IN ORANGE COUNTY TO BE OPERATED BY THE ENTI-
TY OTHERWISE LICENSED TO OPERATE  VIDEO  LOTTERY  GAMING  AT  MONTICELLO
RACETRACK,  PROVIDED THAT: (I) SUCH LICENSED ENTITY IS NO LONGER OPERAT-
ING VIDEO LOTTERY GAMING  AT  MONTICELLO  RACETRACK  AND  PROVIDED  THAT
MONTICELLO RACETRACK IS CONDUCTING RACING OPERATIONS; (II) SUCH FACILITY
IN  ORANGE  COUNTY IS NOT SITED WITHIN A THIRTY MILE RADIUS OF THE VIDEO
LOTTERY GAMING FACILITY AT YONKERS RACETRACK;  AND  (III)  THE  LICENSED
ENTITY,  ITS  SUBSIDIARIES AND AFFILIATES, INCLUDING THE ENTITY LICENSED
TO OPERATE A COMMERCIAL GAMING FACILITY  IN  SULLIVAN  COUNTY,  AND  THE
ENTITY  LICENSED  TO  OPERATE  VIDEO LOTTERY GAMING AT YONKERS RACETRACK
ENTER INTO A MITIGATION AGREEMENT, TO BE APPROVED BY THE GAMING  COMMIS-
SION,  WHICH  SHALL  INCLUDE, BUT NOT BE LIMITED TO, TERMS THAT REQUIRE:
(A) THE OPERATOR OF THE FACILITY IN ORANGE  COUNTY  TO  MAKE  AN  ANNUAL
PAYMENT  TO  THE  ENTITY  LICENSED  TO  OPERATE  VIDEO LOTTERY GAMING OR
COMMERCIAL GAMING AT YONKERS RACETRACK TO ACCOUNT FOR THE  EFFECTS  THAT
SITING  SUCH  FACILITY  IN  ORANGE COUNTY WOULD LIKELY HAVE ON THE GROSS
GAMING REVENUE OF THE ENTITY LICENSED TO OPERATE AT  YONKERS  RACETRACK;
(B)  EMPLOYMENT  LEVELS  AT  THE  AFFECTED FACILITIES; AND (C) THAT UPON
EXPIRATION OR TERMINATION OF THE AGREEMENT,  THE  AUTHORITY  TO  OPERATE
VIDEO  LOTTERY GAMING IN ORANGE COUNTY SHALL CEASE.  NOTWITHSTANDING ANY
OTHER PROVISION OF THIS SUBDIVISION, AT NO TIME SHALL AN ENTITY  OPERAT-
ING  VIDEO  LOTTERY GAMING IN ORANGE COUNTY BE PERMITTED TO APPLY FOR OR
RECEIVE A LICENSE TO OPERATE A COMMERCIAL GAMING FACILITY IN THAT  COUN-
TY.
  (6)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, AS A
CONDITION OF THE LICENSE TO OPERATE  A  VIDEO  LOTTERY  GAMING  FACILITY
LOCATED  IN ORANGE COUNTY, SUCH OPERATOR SHALL PROVIDE AN ANNUAL CERTIF-

S. 6615                            47

ICATION TO THE NEW YORK STATE GAMING COMMISSION THAT THE STAFFING LEVELS
AT A COMMERCIAL GAMING FACILITY LOCATED IN ZONE TWO, REGION ONE PURSUANT
TO SECTION THIRTEEN HUNDRED TEN OF THE RACING, PARI-MUTUEL WAGERING  AND
BREEDING  LAW  (OR  ANY  SUCCESSOR COMMERCIAL GAMING FACILITY LOCATED IN
SAID REGION) ARE NO LESS THAN ONE THOUSAND  FOUR  HUNDRED  SEVENTY-THREE
FULL-TIME,  PERMANENT  EMPLOYEES. IN FURTHERANCE OF AND WITHOUT LIMITING
THE FOREGOING, THE LICENSEE FOR THE COMMERCIAL GAMING  FACILITY  LOCATED
IN  ZONE TWO, REGION ONE PURSUANT TO SECTION THIRTEEN HUNDRED TEN OF THE
RACING, PARI-MUTUEL WAGERING AND BREEDING LAW (OR ANY SUCCESSOR  COMMER-
CIAL GAMING FACILITY LOCATED IN SUCH REGION) SHALL NOT CONDUCT ANY MASS,
INVOLUNTARY  LAYOFF  EVENTS  THAT  WOULD  TRIGGER  WORKER ADJUSTMENT AND
RETRAINING NOTIFICATION (WARN) ACT  NOTIFICATIONS  PURSUANT  TO  ARTICLE
TWENTY-FIVE-A  OF  THE  LABOR  LAW OR OTHERWISE RESULT IN THE EMPLOYMENT
LEVELS AT SUCH FACILITY DROPPING BELOW LEVELS MANDATED BY THIS  SECTION.
FOR PURPOSES OF THIS SECTION, "FULL-TIME, PERMANENT EMPLOYEE" SHALL MEAN
AN  EMPLOYEE WHO HAS WORKED AT THE FACILITY FOR A MINIMUM OF THIRTY-FIVE
HOURS PER WEEK FOR NOT LESS THAN FOUR CONSECUTIVE WEEKS AND WHO IS ENTI-
TLED TO RECEIVE THE USUAL AND  CUSTOMARY  FRINGE  BENEFITS  EXTENDED  TO
OTHER  EMPLOYEES  WITH  COMPARABLE  RANK  AND  DUTIES;  OR TWO PART-TIME
EMPLOYEES WHO HAVE WORKED AT THE FACILITY  FOR  A  COMBINED  MINIMUM  OF
THIRTY-FIVE  HOURS PER WEEK FOR NOT LESS THAN FOUR CONSECUTIVE WEEKS AND
WHO ARE ENTITLED TO RECEIVE THE  USUAL  AND  CUSTOMARY  FRINGE  BENEFITS
EXTENDED TO OTHER EMPLOYEES WITH COMPARABLE RANK AND DUTIES.
  (7)  THE VILLAGE OF MONTICELLO, SULLIVAN COUNTY, THE TOWN OF THOMPSON,
SULLIVAN COUNTY, AND SULLIVAN COUNTY SHALL CONTINUE TO  RECEIVE  ASSIST-
ANCE PAYMENTS MADE PURSUANT TO SECTION FIFTY-FOUR-L OF THE STATE FINANCE
LAW.
  §  5. Section 54-l of the state finance law is amended by adding a new
subdivision 5 to read as follows:
  5. THE TOWN AND COUNTY IN WHICH THE FACILITY DEFINED IN PARAGRAPH FIVE
OF SUBDIVISION A OF SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THE  TAX  LAW
IS  LOCATED  SHALL  RECEIVE  ASSISTANCE  PAYMENTS  MADE PURSUANT TO THIS
SECTION AT THE SAME DOLLAR LEVEL REALIZED BY THE VILLAGE OF  MONTICELLO,
SULLIVAN  COUNTY,  THE  TOWN  OF THOMPSON, SULLIVAN COUNTY, AND SULLIVAN
COUNTY. EACH VILLAGE IN WHICH THE FACILITY DEFINED IN PARAGRAPH FIVE  OF
SUBDIVISION  A  OF SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THE TAX LAW IS
LOCATED SHALL RECEIVE ASSISTANCE PAYMENTS MADE PURSUANT TO THIS  SECTION
AT THE RATE OF FIFTY PERCENT OF THE DOLLAR LEVEL REALIZED BY THE VILLAGE
OF MONTICELLO.  ANY PAYMENTS MADE PURSUANT TO THIS SUBDIVISION SHALL NOT
COMMENCE  UNTIL  THE FACILITY DEFINED IN PARAGRAPH FIVE OF SUBDIVISION A
OF SECTION SIXTEEN HUNDRED SEVENTEEN-A  OF  THE  TAX  LAW  HAS  REALIZED
REVENUE FOR A PERIOD OF TWELVE CONSECUTIVE MONTHS.
  §  6.  This act shall take effect immediately; provided, however, that
no video lottery gaming may be conducted at any facility  within  Orange
county unless and until the mitigation agreement required by this act is
executed by all parties and approved by the gaming commission.

                                 PART T

  Section  1. Subdivisions 11, 12 and 13 of section 140-a of the judici-
ary law, as amended by section 1 of part XX of chapter 59 of the laws of
2018, are amended to read as follows:
  11. Eleventh district, [forty] FORTY-ONE;
  12. Twelfth district, [twenty-six] TWENTY-SEVEN;
  13. Thirteenth district, [four] FIVE.

S. 6615                            48

  § 2. Subdivision 50 of section 182 of the judiciary law, as amended by
chapter 125 of the laws of 1970, is amended to read as follows:
   50. Tompkins, [two] THREE;
  §  3.  This act shall take effect immediately; provided, however, that
the additional supreme court judges provided for by section one of  this
act and the additional county court judge provided for by section two of
this  act  shall  first be elected at the general election to be held in
November 2019 and shall take office January 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 T of this act shall  be
as specifically set forth in the last section of such Parts.